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HomeMy WebLinkAboutResolution No. 2075RESOLUTION NO. 2075 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING MULTIPLE FAMILY ARCHITECTURAL DESIGN REVIEW NO. MFADR 20-05, TENTATIVE TRACT MAP NO. TTM 20-05 (83240), PROTECTED HEALTHY TREE REMOVAL PERMIT NO. TRH 2O-08, AND PROTECTED TREE ENCROACHMENT PERMIT NO. TRE 20-20 WITH A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR A 13 -UNIT MULTI -FAMILY RESIDENTIAL TOWNHOME STYLE DEVELOPMENT AT 901 W. DUARTE ROAD WHEREAS, on July 29, 2020, Multiple Family Architectural Design Review No. MFADR 20-05, Tentative Tract Map No. TTM 20-05 (83240), Protected Healthy Tree Removal Permit No. TRH 2O-08, and Protected Tree Encroachment Permit No. TRE 20- 20, collectively referred to as the `Project," were filed by Eric Tsang on behalf of the property owner, 901 Duarte LLC, for a 13 -unit multi -family residential townhome style development which requires subdivision of the airspace located at 901 W. Duarte Road; and WHEREAS, on March 3, 2021, 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 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 HEREBY RESOLVES AS FOLLOWS: 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, 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 is in compliance with all of the provisions of the City's General Plan, Development Code, and the State Subdivision Map Act. The High Density Residential General Plan designation is intended to accommodate high density, attached or detached housing types for both renter and owner households within a neighborhood context. The R-3 zone is intended to provide areas for a variety of medium to high density residential development including townhomes and condominiums. The site is physically suitable for this type of development, and the approval of the architectural design for the Project is compatible with the scale and character of the existing neighborhood. 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. 'ra B. The site is physically suitable for the type and proposed density of development: FACT: The R-3 zone has 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 area of 29,180 square feet, a minimum of 13 units and a maximum of 20 units are allowed on the site. The Project complies with the density requirements and all other applicable zoning requirements, including but not limited to parking, setbacks, height, and open space. Therefore, the site is physically suitable for the Project. 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 is to subdivide the airspace of 13 -units for townhome purposes. The Project will be in compliance with all applicable Building and Fire Codes to ensure public health and safety. The proposed density will be below the maximum allowed by the R-3 zone and the City's existing infrastructure will adequately serve the Project. Therefore, the Project 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: There are no easements as part of this Project that require access through or use of the property by the public at large. Therefore, the Project 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 Project 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 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 -I will comply with the regulations in the City's Development Code. The removal of the three healthy Coast Live Oak trees and the encroachments of two other protected trees are warranted in order to accommodate this development. I. The proposal is consistent with the City's Multifamily Residential Design Guidelines: FACT: The Project is located within the High Density Residential (R-3) Zone, which is intended to provide a variety of medium to high density residential development. The proposed massing, scale, design and landscaping are compatible with the other multi- family developments in the surrounding neighborhood. The proposed Modern style architecture will be compatible with the mixture of Contemporary designed commercial buildings and multi -family developments along Duarte Road and Golden West Avenue. The Project is consistent with the City's Multifamily Residential Design Guidelines. SECTION 3. Pursuant to the provisions of the California Environmental Quality Act ("CEQA"), 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 Review No. MFADR 20-05, Tentative Tract Map No. TTM 20-05 (83240), Protected Healthy Tree Removal Permit No. TRH No. 20-08, and Protected Tree Encroachment Permit No. TRE 20-20 for a 13 -unit multi -family residential townhome style development at 901 W. Duarte Road, subject to the conditions of approval attached hereto. SECTION 5. The Secretary shall certify to the adoption of this Resolution. 5 Passed, approved and adopted this 23rd day of March, 2021. ATTEST: (4- - Lisa L. Flores Secretary APPROVED AS TO FORM: Stephen P. Deitsch City Attorney A Marilynne!/Wilander Chair, Planning Commission 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. 2075 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 23th day of March, 2021 and that said Resolution was adopted by the following vote, to wit: AYES: Chair Wilander, Vice Chair Lin, Chan, Thompson, and Tsoi NOES: None ABSENT: None &;�4- Lisa L. F res Secretary of the Planning Commission rA RESOLUTION NO. 2075 Conditions of Approval 1. 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 20-05, TTM 20-05 (83240), TRH 2O-08, and TRE 20-20, subject to the approval of the Planning & Community Development Administrator or designee. 2. 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. 3. 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 be subject to review and approval by the Planning & Community Development Administrator, or designee. 4. A total of three (3) 48 -inch box Englemann oak trees shall be planted within the street side yard area along Golden West Avenue on the subject property as replacement trees. The trees 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. The project shall be developed and maintained in compliance with all of the recommended tree protection measures listed in the Arborist Report, dated February 2021. 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. 5. 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 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 6. The project shall comply with Chapter 35A Multiple Family Construction Standards as amended in the Arcadia Municipal Code Section 8130.20. G 7. 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. 8. 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. 9. A demolition permit shall be obtained from Building Services prior to the removal and/or demolition of the structures on site. 10. The Applicant/Property Owner shall be required to pay the following fees prior to approval of the Final Tract Map: a. Map Fee $100.00 b. Final Approval Fee (1 lot @ $25.00 ea.) 25.00 TOTAL $125.00 11. Prior to approval of the Final Tract Map, the Applicant/Property Owner shall submit a separate demolition and erosion control plan prepared by a registered Civil Engineer. 12. As part of the Final Tract Map, the Applicant/Property Owner shall dedicate a diagonal corner cut-off at the corner of Duarte Road and Golden West Avenue sufficient to accommodate a standard ADA accessible ramp and landing. 13. Prior to approval of the Final Tract Map the Applicant/Property Owner shall either construct or post security for all public improvements as shown on the Tentative Map and the following required items; a. Remove and replace the existing curb, gutter and sidewalk from property line to property line, including additional sidewalk to provide adequate clearance around all obstacles. b. Construct a new ADA accessible ramp at the corner of Duarte Road and Golden West Avenue. c. Coordinate with Public Works Services on the installation of new street trees. d. Install a new driveway approach per City Standard plan. 14. Prior to occupancy, the Applicant/Property Owner shall repair any damages caused by the development to the asphalt street frontages from property line to property line, including but not limited to trench cuts and construction traffic, per the direction of the City Engineer. l;' 15. 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. 16. All structures shall be provided with an automatic fire sprinkler system per the City of Arcadia Fire Department's Single & Multi -Family Dwelling Sprinkler Standard. 17. The front vehicular gate shall be provided with a knox switch for Fire Department access. 18. A twelve inch (12") ductile iron water main with 103 psi static pressure is available on the south side of Duarte Road and a six inch (6") cast iron water main with 100 psi static pressure is available on the west side of Golden West Avenue to serve the subject address. The Owner/Applicant shall provide calculations to determine total combined maximum domestic and fire demand, and verify the water service size required. 19. The Applicant/Property Owner shall install a master common domestic water meter that is capable of supplying sufficient water to meet all domestic and fire suppression need for all of the units. 20. In the event that fire suppression is common to the complex, the Applicant/Property Owner shall separate the fire service with a Double Detector Check Assembly (DCDA) and shall be installed 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 Applicant/Property Owner shall separate the fire service from the domestic water service for each unit with an approved backflow prevention device. 22. All condominium units shall require a separate water service and meter for common area landscape irrigation. 23. 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 and installed by the Applicant/Property Owner. 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. 24. The Applicant/Property Owner shall provide a Sewer Area Study to determine whether or not the existing City sewer system is capable of handling all anticipated demands of the proposed improvements. The development shall utilize the existing 8 -inch City -owned sewer mains available on both Duarte Road and Golden West Avenue, if possible. 10 25. If any drainage fixture elevation in any building is lower than the elevation of the next upstream manhole cover (504.08' if tied -in to the sewer main on Golden West Avenue and 503.09 if tied -in to the sewer main on Duarte Road), an approved type of backwater valve is required to be installed on the lateral behind the property line. 26. The Applicant/Property Owner shall plant three (3) 36 -inch box street trees - Cercis "Forest Pansy". The locations shall be determined by the Public Works Inspector in the parkway on Golden West Avenue. 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 Applicant/Property Owner shall install a trash enclosure with a one -foot clearance around all bins, including but not limited to trash and recycling bins to the satisfaction of the Public Works Services Director, or designee. 29. 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. 30. 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. 31. Approval of MFADR 20-05, TTM 20-05 (83240), TRH 2O-08, and TRE 20-20 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 11 to the Development Services Department is to indicate awareness and acceptance of the conditions of approval. 12