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HomeMy WebLinkAbout2064RESOLUTION NO. 2064 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING MULTIPLE FAMILY ARCHITECTURAL DESIGN REVIEW NO. MFADR 20-02, TENTATIVE TRACT MAP NO. TTM 20-02 (83124), PROTECTED HEALTHY TREE REMOVAL PERMIT NO. TRH 2O-04, AND PROTECTED TREE ENCROACHMENT PERMIT NO. TRE 20-07 WITH A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ("CEQA") FOR A SIX -UNIT MULTI -FAMILY RESIDENITAL CONDOMINIUM DEVELOPMENT LOCATED AT 414 SOUTH 2ND AVENUE WHEREAS, on January21, 2020, Multiple Family Architectural Design Review No. MFADR 20-02, Tentative Tract Map No. TTM 20-02 (83124), Protected Healthy Tree Removal Permit No. TRH 2O-04, and Protected Tree Encroachment Permit No. TRE 20- 07 applications, collectively referred to as the "Project," were filed by Eric Tsang on behalf of the property owner, 418 Second Ave LLC, for a six -unit multi -family residential condominium development which requires subdivision of the airspace located at 414 South 2nd Avenue; and WHEREAS, on August 6, 2020, 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 per Section 15332 of the CEQA Guidelines because the Project is considered an in -fill development project; and WHEREAS, on September 22, 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. The factual data submitted by the Community Development Division in the staff report dated September 22, 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 Project has been reviewed for compliance with the City's General Plan, Development Code, and the State Subdivision Map Act. It has been determined that the Project is consistent with the General Plan Medium Density Residential Land Use designation and the R-2, Medium Density Multiple Family Residential zoning designation. These designations are intended to accommodate medium density, attached or detached residential units such as condominiums, within the appropriate neighborhoods. The Project complies with the Subdivision Map Act regulations and there is no specific plan applicable to this Project. The Project will not adversely affect the comprehensive General Plan and is consistent with the following General Plan goals and policies: Land Use and Community Design Element • Policy LU -1.1: Promote new infill and redevelopment projects that are consistent with the City's land use and compatible with surrounding existing uses. • Policy LU -4.1: Require that new multi -family residential development be visually and functionally integrated and consistent in scale, mass, and character with structures in the surrounding neighborhood. 2 B. The site is physically suitable for the type and proposed density of development: FACT: The subject site is physically suitable for the Project. The R-2 zone requires a minimum density of two dwelling units per lot and a maximum density of one unit per 3,750 square feet of lot area. After accounting for the proposed 12 -foot dedication, based on a lot area of 23,188 square feet, a maximum of six (6) units can be built on this site. The Project complies with the density requirement as well as all other applicable zoning requirements including but not limited to parking, setbacks, height, and open space. 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 Project is a subdivision of an infill site within an urbanized area and does not serve as a habitat for endangered or rare species. The Project will not cause substantial environmental damage or impact wildlife. D. The design of the subdivision or type of improvements is not likely to cause serious public health or safety problems: FACT: The Project will construct six (6) multi -family residential units in compliance with all applicable Building and Fire Codes to ensure public health and safety. The Project will maintain a density that is allowed in the R-2 zone and will not cause any 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 3 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 legislate body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision): FACT: The Project does not conflict with any easements acquired by the public at large for access through or use of, property within the proposed subdivision. There are no known easements on the subject property. 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 Arcadia Public Works Services Department determined that the City's existing infrastructure will adequately serve the Project, and the requirements of the California Regional Water Quality Control Board will be satisfied. G. The design of the subdivision provides, to the extent feasible, passive or natural heating and cooling opportunities: FACT: The Project has been reviewed by Building Services to ensure compliance with the California Building Code, which includes requirements associated with heating and cooling requirements. H. The proposed subdivision, its design, density, and type of development and improvements conforms to the regulation of the Development Code and the regulations of any public agency having jurisdiction by law: FACT: The Project, as conditioned, complies with the density requirements of the City's Development Code, and all the improvements required for the site and each unit will comply with the regulations in the City's Development Code. The Project includes the removal of two (2) protected trees — a Laurel Cocculus tree and a Carolina Cherry tree, both located in the side yard areas. Due to required excavations and loss of 40 to 50 percent of their canopies for required structural clearance, the trees will not survive the construction phase and would suffer severe root loss. The Project will provide four (4) new replacement trees for the loss of these two trees and at least two (2) new trees will be required to be planted within the front yard area to provide adequate landscaping along the street frontage. I. The proposal is consistent with the City's Multifamily Residential Design Guidelines: FACT: The Project is located within the Medium Density Residential (R-2) Zone, which is intended to provide a variety of medium density residential development. The proposed massing, scale, quality of the design and the proposed landscaping are compatible with other developments in the surrounding neighborhood. The Project will be compatible with other existing multi -family developments on 211 Avenue and in the surrounding areas. In addition, the Project is consistent with the City's Multifamily Residential Design Guidelines. SECTION 3. Pursuant to the provisions of the California Environmental Quality Act ("CEOX), this Project is a Class 32 Categorical Exemption as an infill -development project per Section 15332 of the CEQA Guidelines. SECTION 4. For the foregoing reasons the Planning Commission determines that the Project is Categorically Exempt under the California Environmental Quality Act ("CEQA") Section 15332 , Class 32, and approves Multiple Family Architectural Design 5 Review No. MFADR 20-02, Tentative Tract Map No. TTM 20-02 (83124), Protected Healthy Tree Removal Permit No. TRH No. 20-04, and Protected Tree Encroachment Permit No. TRE 20-07 for a six -unit multi -family residential condominium development at 414 South 2nd Avenue, subject to the conditions of approval attached hereto. SECTION 5. The Secretary shall certify to the adoption of this Resolution. Passed, approved and adopted this 22nd day of September, 2020. ATTEST: 2�� L. Flores APPROVED AS TO FORM: Stephen P. Deitsch City Attorney 0 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. 2064 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 22'" day of September, 2020 and that said Resolution was adopted by the following vote, to wit: AYES: Chair Lewis, Vice Chair Wilander and Commissioners Chan, Lin, and Thompson NOES: None ABSENT: None 'foga L. Flores gecretary of the Planning Commission RESOLUTION NO. 2064 Conditions of Approval 1. All windows shall be recessed a minimum of two (2) inches from the building wall. A construction detail indicating the 2 -inch recess shall be included on the plans submitted to the Building Division for plan check. 2. Any required mechanical equipment, such as backflow devices, visible from the public right-of-way shall be screened from public view. Screening may include landscaping, solid walls or other methods deemed appropriate for the development. The placement and height of said screening shall subject to review and approval by the Planning & Community Development Administrator, or designee. 3. The project shall be developed and maintained by the Owner/Applicant in a manner that is consistent with the plans submitted and conditionally approved for MFADR 20-02, TTM 20-02 (83124), TRH 2O-04, and TRE 20-07, subject to the approval of the Planning & Community Development Administrator, or designee. 4. A total of four (4) 36 -inch box trees shall be planted on the subject property as replacement trees, and at least two of the trees shall be planted within the front yard area. The trees and its type shall be shown on the final landscape plan that is submitted to Building Services for plan check, subject to review by the Planning & Community Development Administrator, or designee, to ensure compliance with this condition. During construction, a Certified Arborist shall be on-site to monitor and ensure proper placement of the trees as well as any other trees that are proposed to be protected under this approval, and a follow-up report shall be submitted to the City prior to issuance of a Certificate of Occupancy from Building Services. Within twelve (12) months after a Certificate of Occupancy has been issued, Planning Services has the ability to request a follow-up report from a Certified Arborist, at the expense of the Applicant, Property Owner, or HOA, to review if any of the trees appear to be declining in health. If any of the trees are in poor health, the Applicant/Owner shall be required to remove and replace the trees, subject to review and approval by the Planning & Community Development Administrator, or designee. Prior to issuance of the Certificate of Occupancy, the Applicant/Owner shall submit a bond or other security in the amount of $5,000 per tree or in such other amount and form approved by the Planning & Community Development Administrator and the City Attorney, to guarantee the 12 -month warranty obligation of this condition. 5. The Owner/Applicant will be required to pay the following fees prior to approval of the Tract Map: Map Fee $100.00 Final Approval Fee (1 lot @ $25.00 ea.) 25.00 9 TOTAL $125.00 6. Prior to approval of the Final Tract Map, the Owner/Applicant shall submit a separate demolition and erosion control plan prepared by a registered civil engineer, and demolish all existing structures. 7. Prior to approval of the Final Tract Map, the Owner/Applicant shall: • Remove and replace existing curb and gutter from property line to property line. • Construct sidewalk from property line to property line. • Remove the existing driveway approach and replace with a new driveway approach per City of Arcadia standard. • Repair asphalt street damages caused by the development, as necessary. 8. The Owner/Applicant shall coordinate with public works for the installation of the street trees per the City of Arcadia Street Tree Master Plan. 9. Prior to the recordation of the Tract Map or the issuance of the building permit, whichever comes first, the Owner/Applicant shall provide a 12 -foot dedication along Second Avenue for street and sidewalk purposes. 10. A Standard Urban Stormwater Mitigation Plan is required and shall be reviewed and approved by the City Engineer or designee, prior to the issuance of a building permit. 11. The project shall comply with Chapter 35A Multiple Family Construction Standards as amended in the Arcadia Municipal Code Section 8130.20. 12. All utility conductors, cables, conduits and wiring supplying electrical, cable and telephone service to a multiple family building shall be installed underground except risers which are adjacent to and attached to a building. 13. Grading plans shall be submitted to, and approved by Building & Safety. The grading plans shall indicate all site improvements, and shall indicate complete drainage paths of all drainage water run-off. 14. A building permit shall be issued prior to the removal and/or demolition of structures. 15. The project shall comply with the latest adopted edition of the following codes as applicable: a. California Building Code b. California Electrical Code c. California Mechanical Code 9 d. California Plumbing Code e. California Energy Code f. California Fire Code g. California Green Building Standards Code h. California Existing Building Code i. Arcadia Municipal code 16. All structures shall be provided with an automatic fire sprinkler system per the City of Arcadia Fire Department's Multi -Family Dwelling Sprinkler Standard. 17. A public fire hydrant shall be provided along the street frontage at a location approved by the Fire Marshall, or designee. 18. A twelve inch (12") cast iron water main with 71 psi static pressure is available on 2nd Avenue to serve the subject address. The Owner/Applicant shall provide calculations to determine the total combined maximum domestic fire demand, and verify the water service size required. 19. Condominium or townhouse complexes of more than 5 individual units shall be served by a common domestic master water meter and service capable of supplying sufficient water to meet all domestic and fire suppression needs of the total number of units. 20. In the event that fire suppression service is common to the complex, the Owner/Applicant shall provide a dedicated water line service as directed by the Fire Marshal. 21. If a common water service is to be used to supply both domestic water and fire sprinklers, the Owner/Applicant shall separate the fire service from domestic water service at each unit with an approved back flow prevention device. 22. All condominiums shall require a separate water service and meter for common area landscape irrigation. 23. A Water Meter Clearance Application shall be submitted to the Public Works Services Department prior to permit issuance. 24. New water service installation shall be completed by the Owner/Applicant. Installation shall be according to the specifications of the Public Works Services Department, Engineering Section. Abandonment of existing water services, if necessary, shall be carried out by the Owner/Applicant, according to Public Works Services Department, Engineering Section specifications. 25. The Owner/Applicant shall utilize existing sewer lateral if possible. 10 26. If any drainage fixture elevation is lower than the elevation of the next upstream manhole cover (466.02'), an approved backwater valve shall be required. 27. The proposed project shall be subject to low impact development (LID) requirements. These requirements include but are not limited to using infiltration trenches, bio -retention planter boxes, roof drains connected to a landscaped area, pervious concrete/paver, etc. 28. The Owner/Applicant shall install a trash enclosure with a one -foot clearance around all bins, including but not limited to, trash, recycling and green waste bins to the satisfaction of the Public Works Services Director, or designee. 29. The Owner/Applicant 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. 30. The Owner/Applicant 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. 31. Approval of MFADR 20-02, TTM 20-02 (83124), TRH 2O-04, and TRE 20-07 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 executed Acceptance Form submitted to the Development Services Department is to indicate awareness and acceptance of the conditions of approval. 11