HomeMy WebLinkAbout2080RESOLUTION NO. 2080
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARCADIA, CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO.
TTM 21-05 (83054) TO SUBDIVIDE THE AIRSPACE FOR 96
RESIDENTIAL UNITS AND 5 COMMERCIAL UNITS FOR CONDOMINIUM
PURPOSES FOR AN APPROVED MIXED-USE DEVELOPMENT
(SEABISCUIT PACIFICA SPECIFIC PLAN) WITH A CATEGORICAL
EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT ("CEQA") LOCATED AT 180 W. HUNTINGTON DRIVE
WHEREAS, on May 28, 2021, an application for Tentative Tract Map No. TTM 21-
05 was filed by Jonathan Tseng, on behalf of the property owner, SAICP LLC, to subdivide
the airspace for 96 residential units and 5 commercial units for condominium purposes
for an approved mixed-use development (Seabiscuit Pacifica Specific Plan) located at
180 W. Huntington Drive; and
WHEREAS, on June 29, 2021, Planning Services completed an environmental
assessment for the proposed subdivision in accordance with the California Environmental
Quality Act ("CEQA") and recommended that the Planning Commission determine the
proposed subdivision is exempt under Section 15332 of the CEQA Guidelines (Review
for Exemption) because the subdivision is considered an infill -development project; and
WHEREAS, on July 27, 2021, a duly noticed public hearing was held before the
Planning Commission on said application, 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:
SECTION 1. The factual data submitted by the Community Development Division
in the staff report dated July 27, 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 proposed subdivision is in conformance with all the provisions under
the City's Development Code, the City's General Plan, the State Subdivision Map Act, and
the approved Seabiscuit Pacifica Specific Plan (SP -SP). The proposed subdivision will not
adversely affect the comprehensive General Plan and is consistent with the following
General Plan goal and policy:
Land_ Use and Community Desic nl 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
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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 mixed-use
development for condominium purposes to both the residential and commercial units.
With the approved subdivision, it will not change the project that was approved for all the
areas under the Specific Plan.
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 subdivision will subdivide the airspace of an infill site within
an urbanized area; therefore, it will not cause substantial environmental damage or
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substantially and avoidably injure fish or wildlife or their habitat. The approved project for
this entire site for the Seabiscuit Pacifica Specific Plan was previously evaluated under an
adopted Mitigated Negative Declaration.
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 will subdivide the airspace of an approved mixed-
use development that has 96 residential units and 5 commercial units. The proposed
subdivision is only for condominium purposes. No portion of the land will be physically
subdivided under this approval. The proposed subdivision 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 mixed-
use 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 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 the proposed 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.
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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 previously evaluated the
mixed-use development under the adopted Mitigated Negative Declaration for the
Seabiscuit Pacifica Specific Plan. It was determined that the City's existing infrastructure
will adequately serve the new development and the requirements of the California
Regional Water Quality Control Board will be met.
G. The design of the subdivision provides, to the extent feasible, passive or natural
heating and cooling opportunities:
FACT: The proposed subdivision does not alter the location or physical feature of
the approved mixed-use development, which has been reviewed by Building Services for
compliance with the California Building Code, which includes 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 proposed subdivision, as conditioned, complies with all the
requirements under the Seabiscuit Pacifica Specific Plan for the approved mixed-use
development.
SECTION 3. Pursuant to the provisions of the California Environmental Quality Act
("CEQA"), the proposed subdivision qualifies as a Class 32 Categorical Exemption as an
infill -development project per Section 15332 of the CEQA Guidelines.
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SECTION 4. For the foregoing reasons the Planning Commission determines
that the proposed subdivision is Categorically Exempt under the California
Environmental Quality Act ("CEQA") Section 15332 , Class 32, and approves Tentative
Tract Map No. TTM 21-05 (83054) to subdivide the airspace for 96 residential units and
5 commercial units for condominium purposes for an approved mixed-use development
(Seabiscuit Pacifica Specific Plan) located at 180 W. Huntington Drive, 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 27th day of July, 2021
ATTEST.
Lisa L. I res
Secreta
APPROVED AS TO FORM:
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Stephen P. Deitsch
City Attorney
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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. 2080 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 27th day of July, 2021 and that
said Resolution was adopted by the following vote, to wit:
AYES: Chair Wilander, Vice Chair Lin, Commissioners Chan, Thompson. and Tsoi
NOES: None
ABSENT: None
C
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Lisa L. Flores
Secretary of the Planning Commission
RESOLUTION NO. 2080
Conditions of Ap rp oval
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.) S 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. As part of the future development for this entire site under the Seabiscuit Pacifica
Specific Plan, it shall adhere to all the conditions of approval and mitigation
measures that were approved for this Specific Plan. All City Code requirements
shall be complied with to the satisfaction of the Building Official, City Engineer,
Planning & Community Development Administrator, Fire Marshal, and Public
Works Services Director, or designees.
5. 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.
6. To the maximum extent permitted by law, Applicant must defend, indemnify, and
hold City, any departments, agencies, divisions, boards, and/or commissions of
the City, and its elected officials, officers, contractors serving as City officials,
agents, employees, and attorneys of the City ("Indemnitees") harmless from
liability for damages and/or claims, actions, or proceedings for damages for
personal injuries, including death, and claims for property damage, and with
respect to all other actions and liabilities for damages caused or alleged to have
been caused by reason of the Applicant's activities in connection with Tentative
Tract Map No. TTM 21-05 (83054) ("Project") on the Project site, and which may
arise from the direct or indirect operations of the Applicant or those of the
Applicant's contractors, agents, tenants, employees or any other persons acting
on Applicant's behalf, which relate to the development and/or construction of the
Project. This indemnity provision applies to all damages and claims, actions, or
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proceedings for damages, as described above, regardless of whether the City
prepared, supplied, or approved the plans, specifications, or other documents for
the Project.
In the event of any legal action challenging the validity, applicability, or
interpretation of any provision of this approval, or any other supporting document
relating to the Project, the City will promptly notify the Applicant of the claim, action,
or proceedings and will fully cooperate in the defense of the matter. Once notified,
the Applicant must indemnify, defend and hold harmless the Indemnitees, and
each of them, with respect to all liability, costs and expenses incurred by, and/or
awarded against, the City or any of the Indemnitees in relation to such action.
Within 15 days' notice from the City of any such action, Applicant shall provide to
City a cash deposit to cover legal fees, costs, and expenses incurred by City in
connection with defense of any legal action in an initial amount to be reasonably
determined by the City Attorney. City may draw funds from the deposit for such
fees, costs, and expenses. Within 5 business days of each and every notice from
City that the deposit has fallen below the initial amount, Applicant shall replenish
the deposit each and every time in order for City's legal team to continue working
on the matter. City shall only refund to Developer any unexpended funds from the
deposit within 30 days of: (i) a final, non -appealable decision by a court of
competent jurisdiction resolving the legal action; or (ii) full and complete settlement
of legal action. The City shall have the right to select legal counsel of its choice
that the Applicant reasonably approves. The parties hereby agree to cooperate in
defending such action. The City will not voluntarily assist in any such third -party
challenge(s) or take any position adverse to the Applicant in connection with such
third -party challenge(s). In consideration for approval of the Project, this condition
shall remain in effect if the entitlement(s) related to this Project is rescinded or
revoked, whether or not at the request of the Applicant.
7. Approval of TTM 21-05 (83054) 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.
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