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HomeMy WebLinkAbout2047RESOLUTION NO. 2047 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO. TTM 19-08 (82941) WITH A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ("CEQA") FOR A FIVE UNIT MULTI -FAMILY RESIDENTIAL CONDOMINIUM SUBDIVISION AT 1046 FAIRVIEW AVENUE WHEREAS, on November 7, 2019, Nardi Norberto, on behalf of the property owner, Meridian Consulting International Inc., filed Tentative Tract Map No. TTM 19-08 (82941) to subdivide a five unit multi -family residential development for condominium purposes at 1046 Fairview Avenue, referred to as the "Project'; and WHEREAS, on December 20, 2019, Planning Services completed an environmental assessment for the Project in accordance with the California Environmental Quality Act ("CEQA"), and recommended that the Planning Commission determine the Project is exempt under CEQA because the Project qualifies as a Class 32 Categorical Exemption as an in -fill development project per CEQA Guidelines Section 15332; and WHEREAS, on February 11, 2020, a duly noticed public hearing was held before the Planning Commission on said Project, at which time all interested persons were given full opportunity to be heard and to present evidence. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF ARCADIA HEREBY RESOLVES AS FOLLOWS: SECTION 1. That the factual data submitted by the Community Development Division in the staff report dated February 11, 2020, are true and correct. SECTION 2. This Commission finds, based upon the entire record: A. The proposed map, subdivision design, and improvements are consistent with the General Plan, any applicable specific plan, and the Subdivisions Division of the Development Code. FACT: The proposed tentative tract map is for the airspace subdivision of a five unit multi -family residential development for condominium purposes. The subdivision is in conformance with all of the provisions under the City's Development Code, the City's General Plan, and the State Subdivision Map Act. It has been determined that the proposed subdivision is consistent with the General Plan High Density Residential Land Use designation and the R-3, High Density Multiple Family Residential zoned, as only the airspace will be subdivided under this approval. The subdivision for the new multi -family development will comply with City's General Plan Land Use and Community Design Policy LU -1.1, which is to promote new infill and redevelopment projects that are consistent with the City's land use and compatible with surrounding existing uses. B. The site is physically suitable for the type and proposed density of development. FACT: The site is physically suitable for the subdivision of the five unit multi -family residential development. The R-3 zone requires a minimum density of one dwelling unit per 2,200 square feet of lot area and a maximum density of one unit per 1,450 square feet of lot area. Based on the lot size of 10,289 square feet, the site can accommodate a minimum of five (5) and a maximum of seven (7) units. The approved multi -family residential development was reviewed and approved and will all other applicable zoning requirements, including but not limited to parking, setbacks, height, and open space. Therefore, the site is suitable for condominiums. 2 2047 C. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. FACT: The proposed tentative tract map is to subdivide the airspace and not the land of an approved multi -family residential development that is located within an urbanized area that has no habitat. Therefore, the proposed subdivision will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. D. The design of the subdivision or type of improvements is not likely to cause serious public health or safety problems. FACT: The proposed subdivision is for condominium purposes. No portion of the land will be physically subdivided under this approval. The tentative tract map has been reviewed by various City departments including Public Works Service Department and Fire Department to ensure compliance with applicable regulations. Additionally, the construction of the multi -family residential development will comply with all Building and Fire Codes regulations. Therefore, the proposed subdivision will not cause any serious public health or safety problems. E. The design of the subdivision or the type of improvements will not conflict with easements acquired by the public at large for access through or use of, property within the proposed subdivision (This finding shall apply only to easements of record or to easements established by judgement of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision). 3 2047 FACT: There are no easements as part of the airspace subdivision that require the public at large to access through for this new development. Therefore, the proposed subdivision will not conflict with any such easements. F. The discharge of sewage from the proposed subdivision into the community sewer system will not result in violation of existing requirements specified by the California Regional Water Quality Control Board. FACT: The discharge of sewage from the proposed subdivision into the community sewer system will not result in violation of existing requirements specified by the California Regional Water Quality Control Board. G. The design of the subdivision provides, to the extent feasible, passive or natural heating and cooling opportunities. FACT: The proposed subdivision of a new five unit multi -family residential development has been designed to comply with the California Building Code, which includes regulations pertaining to energy conservation. H. The proposed subdivision, its design, density, and type of development and improvements conforms to the regulations of the City's Development Code and the regulations of any public agency having jurisdiction by law. FACT: The proposed subdivision complies with the density requirements of the City's Development Code, and all the improvements required for the site will comply with the regulations in the City's Development Code. SECTION 3. This Project is exempt from the California Environmental Quality Act (CEQA) per Section 15332 of the CEQA Guidelines as an infill residential development. 4 2047 The proposed Project will not have any significant effects upon the environment, and the site can be adequately served by all the required utilities and public services SECTION 4. For the foregoing reasons the Planning Commission determines that the Project is Exempt per Section 15332 CEQA Guidelines and approves Tentative Tract Map No. TTM 19-08 (82941) for the request to subdivide the airspace of an approved five -unit multi -family development for condominium purposes at 1046 Fairview Avenue, subject to the conditions of approval attached hereto. 5 2047 SECTION 5. The Secretary shall certify to the adoption of this Resolution. Passed, approved and adopted this 11th day of February 2020. ATTEST: Lisa L. F ores Secretary Gla' =91=1 Stephen P. Deitsch City Attorney Deborah Lewis Chair, Planning Commission 6 2047 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) §: CITY OF ARCADIA ) I, Lisa Flores, Secretary of the Planning Commission of the City of Arcadia, hereby certify that the foregoing Resolution No. 2047 was passed and adopted by the Planning Commission of the City of Arcadia, signed by the Chair and attested to by the Secretary at a regular meeting of said Planning Commission held on the 11th day of February, 2020, and that said Resolution was adopted by the following vote, to wit: AYES: Chair Lewis, Vice Chair Wilander, Chan, Lin, and Thompson NOES: None ABSENT: None N - Lisa L. Flor s Secretary of the Planning Commission 7 RESOLUTION NO. 2047 Conditions of Approval 1. The section regarding "Maintenance" for the site's Covenants, Conditions, and Restrictions (CC&Rs) shall be submitted to the Planning Division for review and approval prior to the recordation of the Final Map. 2. The Applicant/Property Owner shall be required to pay the following fees prior to approval of the Final Parcel Map: a. Map Fee $100.00 b. Final Approval Fee (1 lot @ $25.00 ea.) 25.00 TOTAL $125.00 3. Prior to approval of the Final Tract Map, the Applicant/Property Owner submit a separate demolition and erosion control plan prepared by a registered Civil Engineer. 4. Prior to approval of the Final Tract Map, the Applicant/Property Owner shall either construct or post security for all public improvements shown on the Tentative Tract Map No. 82941 and the following items; a. Remove and replace the curb and gutter from property line to property line. b. Remove and replace sidewalk from property line to property line, and add additional sidewalk around obstructions to meet ADA minimum width requirements. c. Install a concrete pad behind sidewalk on S. Sunset Boulevard to accommodate the bus stop (approximately 5 feet by 30 feet). d. Remove and replace the driveway apron per City of Arcadia standard, offset min. of one foot from the property line to the top of the wing. e. Repair asphalt street damages caused by the development, as necessary. 5. The Applicant/Property Owner shall submit a Grading Plan prepared by a registered Civil Engineer subject to the review and approval of the City Engineer prior to issuance of a building permit. 6. An 8" Cl water main with 85 psi static pressure is available on the north side of Fairview Ave and a 12" DIP water main with 90 psi static pressure is available in Sunset Blvd. Both of them are available for domestic water and/or fire services. 7. The Applicant/Property Owner shall install a separate water meter for each condo unit. A common water meter for each unit can be used to supply both domestic water services and fire services. The Applicant/property owner shall separate the fire service from domestic water service with an approved back flow device. If fire suppression system is required for the semi -subterranean parking structure, a separate fire service with Double Detector Check Assembly (DCDA) shall be installed. 8. The Applicant/Property Owner shall provide separate water service and meter for common area landscape irrigation. 8 2047 9. The Applicant/Property Owner shall submit a Water Meter Clearance application to the Public Works Services Department prior to permit issuance. Installation shall be according to the specifications of the Public Works Services Department, Engineering Division. Abandonment of existing water services, if necessary, shall be carried out by the Applicant/Property Owner, according to Public Works Services Department, Engineering Division specifications. 10. The Applicant/property owner shall install a new water service according to the specifications of the Public Works Services Department, Engineering Division. Abandonment of existing water services, if necessary, shall be carried out by the Applicant/Property Owner, according to Public Works Services Department, Engineering Division specifications. 11. An 8 -inch Vitrified Clay Pipe (VCP) City -owned sewer main is available in Fairview Ave. and an 8" VCP County- owned sewer main is available in Sunset Blvd. The Applicant/property owner shall obtain approval from the Los Angeles County Sanitation District if it decides to connect the County sewer prior to commencing work and shall also obtain an encroachment permit for the City of Arcadia prior to commencing work. 12. The Applicant/Property Owner shall utilize existing sewer lateral if possible. If any drainage fixture elevation is lower than the elevation of the next upstream manhole cover (529.40'), an approved type of backwater valve is required to be installed on the lateral at the right of way. The Applicant/Property Owner shall submit a Low Impact Development (LID) plan per the County of Los Angeles 2014 standards manual to the City Engineer prior to the issuance of a building permit. 13. The Applicant/Property Owner shall comply with all City requirements regarding building safety, fire prevention, detection, suppression, emergency access, public right-of-way improvements, parking, water supply and water facilities, sewer facilities, trash reduction and recycling requirements, and National Pollutant Discharge Elimination System (NPDES) measures to the satisfaction of the Building Official, Fire Marshal, Public Works Services Director, and Planning & Community Development Administrator. Compliance with these requirements is to be determined by having fully detailed construction plans submitted for plan check review and approval by the foregoing City officials and employees. 14. The Applicant/Property Owner shall defend, indemnify, and hold harmless the City of Arcadia and its officials, officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officials, officers, employees or agents to attack, set aside, void, or annul any approval or conditional approval of the City of Arcadia concerning this project and/or land use decision, including but not limited to any approval or conditional approval of the City Council, Planning Commission, or City Staff, which action is brought within the time period provided for in Government Code Section 66499.37 or other provision of law applicable to this project or decision. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and/or land use decision and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officials, officers, employees, and agents in the defense of the matter. 9 2047 15. Approval of TTM 19-08 (82941) shall not be in effect unless the Property Owner and Applicant have executed and filed the Acceptance Form with the City on or before 30 calendar days after the Planning Commission has adopted the Resolution. The Acceptance Form to the Development Services Department is to indicate awareness and acceptance of the conditions of approval. 10 2047