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HomeMy WebLinkAbout2084RESOLUTION NO. 2084 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING MULTIPLE FAMILY ARCHITECTURAL DESIGN REVIEW NO. MFADR 21-02, TENTATIVE TRACT MAP NO. TTM 21-03 (83531), PLANNING COMMISSION ADMINISTRATIVE MODIFICATION NO. PC AM 21-04, PROTECTED HEALTHY TREE REMOVAL PERMIT NO. TRH 21-01, REMOVAL OF PROTECTED HAZARDOUS TREE PERMIT NO. TRD 21-05, AND PROTECTED TREE ENCROACHMENT PERMIT NO. TRE 21-02 WITH A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITYACT (CEQA) FOR A NEW PRIVATE GATED DEVELOPMENT WITH 33 MULTI -FAMILY DETACHED RESIDENTIAL UNITS AT 2607 S. SANTA ANITA AVENUE WHEREAS, on February 18, 2021, Multiple Family Architectural Design Review No. MFADR 21-02, Tentative Tract Map No. TTM 21-03 (83531), Planning Commission Administrative Modification No. PC AM 21-04, Protected Healthy Tree Removal Permit No. TRH 21-01, Removal of Protected Hazardous Tree Permit No. TRD 21-05, and Protected Tree Encroachment Permit No. TRE 21-02, collectively referred to as the "Project," were filed by John Fitzpatrick, c/o Santa Anita BERC, LLC, on behalf of the property owner, Arcadia Congregational Church, for a new private gated development with 33 two-story multi -family detached units that will be built over two legal lots that will be consolidated into one lot and will require the airspace to be subdivided (the "Project'). The Project will also include a parking modification to provide a different arrangement for the guest parking spaces, the removal of eight protected trees, three of which are Sycamore trees, and to allow the Project to encroach within the dripline of some of the protected trees located at 2607 S. Santa Anita Avenue; and WHEREAS, on October 27, 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 November 9, 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 November 9, 2021, are true and correct. SECTION 2. This Commission finds, based upon the entire record, pursuant to Sections 9105.03.060, 9107.05.050, & 9107.19.040 of the Development Code, all of the following findings can be made: Tentative Tract Map 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 Medium Density Residential General Plan designation is intended to accommodate a variety of housing types and sizes and attached or detached housing types for both renter and owner households within a suburban neighborhood context. The R-2 zone is intended to provide areas for a variety of dwelling types, including detached multi -family units, and accessory uses compatible with the residential use of the property. The site is physically suitable for 2 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. • 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. B. The site is physically suitable for the type and proposed density of development: FACT: The R-2 zone has a minimum of density of two units and a maximum density of one dwelling unit per 3,750 square feet of lot area. Based on the lot area of 2.88 acres, a maximum of 33 units are allowed on this site. The Project complies with the density requirements and all other applicable zoning requirements, including but not limited to setbacks, height, and open space. Therefore, the site is physically suitable for the Project. 3 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 the proposed multi -family development. 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-2 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 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 easements acquired by the public at large for access through or use of property within the proposed subdivision. The Project 0 is maintaining a Southern California Edison easement for underground power utilities clear of any construction. 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 Arcadia Public Works Services Department determined that the City's existing infrastructure will adequately serve the Project. 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 will comply with the regulations in the City's Development Code. The removal of the eight protected trees and the encroachments of four protected Coast Live oak trees are warranted in order to accommodate this development 5 Administrative Modification I. The modification request achieves at least one of the following findings: a. Promotes uniformity of development; b. Prevents an unreasonable hardship; or c. Secures an appropriate improvement of a parcel. FACT: Approval of the parking modification to provide a different arrangement for the guest parking spaces would secure an appropriate improvement for the Project as more than adequate parking would still be provided for the site by allowing guests to park on the dedicated driveways of 20 of the proposed units and seven (7) parking spaces are provided for the 13 units that do not have parking on their dedicated driveways. Although the guest parking spaces located on the dedicated driveways will be for guests of the associated homes, the remaining 13 units will have guest parking provided in conformance to the Code at 0.5 spaces per unit. The 27 guest parking spaces being provided in this configuration will greatly surpass the 17 required spaces. This parking arrangement is similar to gated multi -family developments in other cities which allow guest parking on dedicated driveways to encourage single-family type, detached units. Although this is a multi -family development, the proposed detached units and private drives provide a single-family type character to the site and parking on the dedicated driveways of the units would be convenient for any guests of the associated homes and would not cause any inconveniences to any of the other units on site. Additionally, the proposed parking on the dedicated driveways will not interfere with access and circulation on the private drives. Therefore, approval of the parking modification would secure an appropriate improvement for the Project. 0 Architectural Design Review J. 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 accommodate varied housing types and sizes and attached or detached housing types for both renter and owner households within a suburban neighborhood context. The proposed massing, scale, design and landscaping are compatible with the other multi -family developments in the surrounding neighborhood. The proposed Traditional architecture styles of the Project will be compatible with the existing single-family homes along Santa Anita Avenue and adjacent to the subject site. The articulation and incorporation of a variety of colors, finishes, and materials, including stucco, brick accent, and wood siding, help provide visual breaks in the massing of the proposed homes. Adequate landscaping is integrated throughout the site and an abundance of open space is being provided per unit. In addition, the Project provides an enhanced streetscape scene that is compatible with the surrounding neighborhood. Therefore, the Project is consistent with the City's Multifamily Residential Design Guidelines and all the applicable findings under a Site Plan and Design Review. 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 7 Review No. MFADR 21-02, Tentative Tract Map No. TTM 21-03 (83531), Planning Commission Administrative Modification No. PC AM 21-04, Protected Healthy Tree Removal Permit No. TRH 21-01, Removal of Protected Hazardous Tree Permit No. TRD 21-05, and Protected Tree Encroachment Permit No. TRE 21-02 for a 33 -unit multi -family residential development at 2607 S. Santa Anita 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 gch day of November, 2021. V�o (p, Marilynne Wilander Chair, Planning Commission ATTEST: bul, Lisa L. FI s Secretary APPROVED AS TO FORM: Stephen P. Deitsch City Attorney 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. 2084 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 9th day of November, 2021 and that said Resolution was adopted by the following vote, to wit: AYES: Commissioners Chan, Thompson, and Tsoi NOES: None ABSENT: Chair Wilander, Vice Chair Lin Lisa L. Flores Secretary of the Wlanning Commission N RESOLUTION NO. 2084 Conditions of Approval 1. The project shall be developed and maintained by the Applicant/Property Owner in a manner that is consistent with the plans submitted and conditionally approved for MFADR 21-02, TTM 21-03 (83531), PC AM 21-04, TRH 21-01, TRD 21-05, and TRE 21-02, 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 and transformers, 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 minimum of 16 24 -inch box trees shall be planted on the subject property as replacement trees for the removal of the eight (8) protected trees. The trees shall be shown on the final landscape plan that is submitted to Building Services for plan check, subject to review and approval 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 August 25, 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. During all project site construction, all construction -related activities, including maintenance of construction equipment and the staging of haul trucks, shall not take place between the hours of 6:00 p.m. and 7:00 a.m., Monday through Friday, between 5:00 p.m. and 8:00 a.m. on Saturday or at any time on Sundays and holidays specified in the City's Municipal Code. 6. At least two weeks prior to the proposed start of construction activity, the applicant shall post at least two signs or banners that include a brief description of the project, the anticipated construction schedule, the City's limits on the hours of construction, a contact name, phone, and email of a representative of the applicant/property owner that the public can contact with any questions, concerns, or complaints about construction activity related to the project. If there are any substantive changes in the project schedule or scope of work, or changes in the contact name or information, the applicant/property owner shall immediately provide an updated notice in the manner described above. iG: 7. The Applicant/Property Owner shall submit a haul route map and staging plan to Planning Services prior to issuance of a demolition and a grading permit. 8. The applicant shall be responsible for the repair of all damage to public improvements in the public right-of-way resulting from construction -related activities, including, but not limited to, the movement and/or delivery of equipment, materials, and soils to and/or from the site. 9. Stationary construction noise sources, such as generators or pumps, should be located at least 100 feet from sensitive land uses, to the maximum extent feasible. 10. Construction staging areas should be located as far from noise -sensitive land uses to the maximum extent feasible. 11. During construction, the contractor shall ensure all construction equipment is equipped with appropriate noise -attenuating devices. Idling equipment shall be turned off when not in use. 12. Equipment shall be maintained so that vehicles and their loads are secured from rattling and banging. 13. 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 14. 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. 15. Grading plans shall be submitted to, and approved by Engineering, Planning and Building Services. The grading plans shall indicate all site improvements, and shall indicate complete drainage paths of all drainage water run-off. 16. A demolition permit shall be obtained from Building Services prior to the removal and/or demolition of the structures on site. 17. 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 18. As part of the Final Tract Map, the Applicant/Property Owner shall provide a T-0" dedication along the Santa Anita Avenue frontage for a total parkway width of 10'- 011 . 19. 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, and additional sidewalk width at the bus stop. b. Coordinate with Public Works Services on the installation of new street trees. c. Completely remove and replace the drive approach per City Standard plan. 20. Prior to Certificate of Occupancy for the last five (5) units, the Applicant/Property Owner shall repair any damage 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 Deputy Development Services Director/City Engineer. 21. The proposed development requires a Low Impact Development (LID) plan which shall comply with the Los Angeles County Department of Public Works 2014 LID standard Manual and show the selected measures on the grading plan. 22. Prior to the issuance of a building permit, the Applicant/Property Owner shall coordinate with the City and Metropolitan Transportation Authority (Metro) to ensure that a new bus stop for Metro Route 287 is located along the project frontage on Santa Anita Avenue or up to a maximum of 150 feet from the project site. The plans for the location and design of the bus stop shall be prepared to the satisfaction of Metro and shall be reviewed and approved by the City Engineer. The new bus stop shall be constructed and operational prior to the issuance of a Certificate of Occupancy for the project. 23. Prior to the issuance of the first Certificate of Occupancy to the multi -family residential development, the Applicant/Property Owner shall prepare and submit to the City a Plan for implementing a School Carpool Program as a VMT reduction measure (Tier 4, Transportation Demand Management, TP01). This Plan shall specify how the required VMT reduction measure (TP01- School Pool Program) will be implemented and managed by the project's homeowner's association (HOA) to match families in carpools for school pick-up and drop-off to nearby elementary, middle and high schools. The target participation from households for this program is 50%. This shall be reviewed and approved by the Planning & Community Development Administrator and Deputy Development Services Director/City Engineer or designee, prior to issuance of the first Certificate of Occupancy, and this shall be disclosed to all buyers. 12 24. Prior to the issuance of the first Certificate of Occupancy to the multi -family residential development, the Applicant/Property Owner shall record a Covenant on the property for the owner to implement and maintain the Transportation Demand Management (TDM) Plan for VMT Reduction Strategies as specified in the previous condition. This shall be reviewed and approved by the Planning & Community Development Administrator and Deputy Development Services Director/City Engineer or designee, prior to issuance of the first Certificate of Occupancy, and this shall be disclosed to all buyers. 25. 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. 26. The front vehicular gate shall be provided with a knox switch for Fire Department access. 27. Three on-site fire hydrants shall be provided at approved locations. These hydrants shall be painted safety red. 28. The required fire lane shall be marked with red curbing/stencils, signage or both at approved locations. 29. A twelve inch (12") cast iron water main with 62 psi static pressure is available on Santa Anita Avenue to serve the subject address. The Applicant/Property Owner shall provide calculations to determine the maximum domestic and fire demand, and verify the water service size required. 30. The Applicant/Property Owner shall install a master common domestic water meter with an approved double check back flow assembly for meter services protection that is capable of supplying sufficient water to meet all domestic and fire suppression need for all of the units. 31. If a common water service is to be used to supply both domestic water and fire sprinklers for each unit, the Applicant/Property Owner shall separate the fire service from the domestic water service for each unit with an approved backflow prevention device. 32. A separate water service and meter shall be required for common area landscape irrigation. A reduced pressure backflow device shall be installed. 33. Fire protection requirements shall be as stipulated by the Arcadia Fire Department and shall be conformed to Arcadia Standard Plan. A separate fire service with Double Check Detector Assembly (DCDA) shall be installed for fire service required. 34. The Applicant/Property Owner shall submit a Water Meter Permit Application to the Public Works Services Department prior to final plan check approval. 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. 13 35. 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" City -owned sewer mains available at the west side of Santa Anita Avenue, if possible. 36. If any drainage fixture elevation is lower than the elevation of the next upstream manhole cover (358.91'), an approved backwater valve will be required. 37. All existing oak trees in the parkway shall remain and be protected. The Applicant/Property Owner shall remove the existing Magnolia tree in the parkway and plant a new 36 -inch box Holly oak tree with a permit from Public Works. The location on the parkway of the Holly oak tree shall be determined by the Public Works Inspector. 38. The Applicant/Property Owner shall comply with the General Construction National Pollutant Discharge Elimination System (NPDES) Permit, submit a Notice of Intent (NOI) and pay applicable fees to the State Water Resources Control Board, and prepare a Storm Water Pollution Prevention Plan (SWPPP). 39. The proposed project shall be subject to 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. 40. 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 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. 41. 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 MFADR 21-02, TTM 21-03 (83531), PC AM 21-04, TRH 21-01, TRD 21-05, and TRE 21-02 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 proceedings for damages, as described above, regardless of whether the City prepared, supplied, or approved the plans, specifications, or other documents for the Project. 14 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. 42. Approval of MFADR 21-02, TTM 21-03 (83531), PC AM 21-04, TRH 21-01, TRD 21-05, and TRE 21-02 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. 15