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HomeMy WebLinkAbout2074RESOLUTION NO. 2074 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING MINOR USE PERMIT NO. MUP 20-03, ARCHITECTURAL DESIGN REVIEW NO. ADR 19-13, AND TENTATIVE TRACT MAP NO. TTM 20-03 (83042), WITH A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ("CEQA") FOR A NEW MIXED-USE DEVELOPMENT WITH 12 RESIDENTIAL UNITS AND 3,480 SQUARE FEET OF GROUND FLOOR COMMERCIAL USES LOCATED AT 122-128 E. LIVE OAK AVENUE WHEREAS, on December 9, 2019, Minor Use Permit No. MUP 20-03, Architectural Design Review No. ADR 19-13, and Tentative Tract Map No. TTM 20-03 (83042) applications, collectively referred to as the "Project," were filed by Prestige Design, Planning, and Development Inc. on behalf of the property owner, North America DongHeng Holding Inc., for a mixed-use project consisting of 12 residential condominium units and 3,480 square feet of ground floor commercial uses which requires subdivision of the airspace located at 122-128 E. Live Oak Avenue; and WHEREAS, on February 25, 2021, Planning Services completed an environmental assessment for the Project in accordance with the California Environmental Quality Act ("CEQA"), and recommends 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 March 23, 2021, 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, CALIFORNIA, HEREBY RESOLVES AS FOLLOWS: 1 SECTION 1. The factual data submitted by the Community Development Division in the staff report dated March 23, 2021 are true and correct. SECTION 2. This Commission finds that based upon the entire record, pursuant to Sections 9107.09.050, 9105.03.060, & 9107.19.040 of the Development Code, all of the following findings can be made: Minor Use Permit plan. A. The proposed use is consistent with the General Plan and any applicable specific FACT: Approval of the Project would be consistent with the General Plan Land Use Designation of Mixed Use, which allows a residential density of 30 units per acre and a floor area ratio of 1.0. This land use designation allows mixed-use developments and strongly encourages a pedestrian -oriented environment with a complementary mix of commercial and residential uses. The proposed restaurant and retail uses will help generate increased activity along E. Live Oak Avenue. 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 -1.8: Encourage development types that support transit and other alternative forms of transportation, including bicycling and walking. 06 Policy LU -4.2: Encourage residential development that enhances the visual character, quality, and uniqueness of the City's neighborhoods and districts. • Policy LU -4.3: Require the provision of adequate private and common open space for residential units. Require sufficient on-site recreational facilities to meet the daily needs of residents, if possible, commensurate with the size of the development. • Policy LU -6.4: Encourage design approaches that create a cohesive, vibrant look and that minimize the appearance of expansive parking lots on major commercial corridors for new or redeveloped uses. • Policy LU -6.5: Where mixed use is permitted, promote commercial uses that are complementary to adjacent residential uses. B. The proposed use is allowed within the applicable zone, subject to the granting of a Minor Use Permit, and complies with all other applicable provisions of the Development Code and the Municipal Code, FACT: The subject site is zoned Mixed Use (MU), which allows for mixed-use developments subject to the approval of a Minor Use Permit (MUP). The Project complies with all the development standards of the MU zone, including but not limited to setbacks, height, density, parking, and open space. C. The design, location, size, and operating characteristics of the proposed activity will be compatible with the existing and future land uses in the vicinity. FACT: The subject site is 18,126 square feet in size and is located in the Mixed Use (MU) zone. The site is surrounded by commercial uses consisting of office uses to the north which are zoned C -G, General Commercial, a retail use to the east (Grocery 3 Outlet) with office uses to the west which are both zoned MU, and single family residences to the south, across the alley, in the unincorporated area of Los Angeles County which is outside of Arcadia city limits. The Project will provide ground floor commercial uses which will be compatible with the existing and future land uses in the vicinity. The Project will also provide residential uses that will support the commercial uses in this area. Therefore, the development and operation of the mixed-use development will be compatible with the existing and future land uses in the vicinity. D. The site is physically suitable in terms of: a. Its design, location, shape, size, and operating characteristics of the proposed use in order to accommodate the use, and all fences, landscaping, loading, parking, spaces, walls, yards, and other features required to adjust the use with the land and uses in the neighborhood; FACT: The site is 18,126 square feet in size and can physically accommodate the Project. The residential component of the development will provide a density of 28.8 units per acre, which is in compliance with the maximum density of 30 units per acre for this site. The commercial component of the development will have a floor area ratio (FAR) of 0.19, which is in compliance with the maximum allowable FAR of 1.0. Additionally, the amount of on-site parking that will be provided meets and exceeds the minimum required by the Development Code. Therefore, the site is physically suitable to accommodate the proposed mixed-use development. b. Streets and highways adequate in width and pavement type to accommodate public and emergency vehicle (e.g., fire and medical) access; M FACT: The project site is located on the south side of E. Live Oak Avenue, between Myrtus Avenue and Tyler Avenue. These streets are adequate in width and pavement type to carry emergency vehicles and traffic generated by the Project. c. Public protection services (e.g., fire protection, police protection, etc.); FACT: The Fire and Police Departments have reviewed the Project and determined that there will be no impacts to public protection services. The need for new or altered Fire or Police services is usually associated with substantial population growth. The Project is not anticipated to cause substantial population growth; therefore, no impacts to public protection services are anticipated. d. The provision of utilities (e.g., potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.). FACT: The Project will be located on two vacant lots which will be subdivided as part of the development. New utility connections, including connections for potable water and storm drainage, will be required. Implementation of best management practices during construction and operation would ensure impacts to water quality do not occur. The site can be adequately served by all required utilities through interconnection with existing utilities within City right-of-way along Live Oak Avenue and/or the existing alley adjacent to the south of the site. E. The measure of site suitability shall be required to ensure that the type, density, and intensity of use being proposed will not adversely affect the public convenience, health, interest, safety, or general welfare, constitute a nuisance, or be materially injurious