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HomeMy WebLinkAbout2082RESOLUTION NO. 2082 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING MULTIPLE FAMILY ARCHITECTURAL DESIGN REVIEW NO. MFADR 20-03 AND TENTATIVE PARCEL MAP NO. TPM 20-04 (83206) WITH A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR A FOUR -UNIT MULTI -FAMILY RESIDENTIAL CONDOMINIUM DEVELOPMENT AT 43 GENOA STREET WHEREAS, on February 13, 2020 a Multiple Family Architectural Design Review No. MFADR 20-03 application was filed by Thomas Li of Prestige Design, Planning and Development, Inc, ("Applicant') on behalf of the property owner, Jeffrey Lui, and the Applicant later filed Tentative Parcel Map No. TPM 20-04 (83206) on August 20, 2020, for a four -unit multi -family residential condominium development project at 43 Genoa Street (collectively, the "Project'); and WHEREAS, on September 20, 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 October 12, 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 SECTION 1. That the factual data submitted by the Community Development Division in the staff report dated October 12, 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 consistent with the High Density Residential Land Use designation. The High Density Residential designation is intended to accommodate higher -density attached and/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 Project is in conformance with the City's General Plan, Development Code, and the Subdivision Map Act. The site is physically suitable for this type of development, and the approval of the architectural design for the building 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. K • 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. 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. This calculates to a minimum of three (3) units and a maximum of five (5) units for the subject property. The Project complies with the density requirements. In addition, there are no physical impediments to the development of this site for residential condominiums. 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 minor subdivision of an infill site within an urbanized area; therefore, it will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 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 air space for a three -unit multi -family condominium development. The construction of the four (4) multi -family residential units is being done in compliance with Building and Fire Codes and all other applicable regulations. The proposed density will be below the maximum allowed by the R-3 zone 3 and the City's existing infrastructure will adequately serve the new development. In addition, the Project meets all health and safety requirements, 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 the proposed subdivision (This finding shall apply only to easements of records 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 the property within the proposed subdivision. Based on the tentative parcel map, there are no easements on the subject properties. 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 new development, and the requirements of the California Regional Water Quality Control Board will be satisfied. G. 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: 12 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. I. The proposal is consistent with the City's Multifamily Residential Design Guidelines: FACT: The proposed project is a well though -out design. The proposed Spanish architectural style of the development includes design elements and features that not only enhance the overall style of the building, but also the existing streetscape which consists of traditional and Spanish style multifamily developments. The third floor is stepped back from the lower two floors to allow for a transition to the upper floor that provides a visual relief. This helps to blend the development with the other multi -family developments on this street in terms of the overall mass and scale. Therefore, the project is compatible with the surrounding multi -family developments and is adequate and 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 20-03 and Tentative Parcel Map No. TPM 20-04 (83206) for a four - unit multi -family residential condominium development at 43 Genoa Street, subject to the conditions of approval attached hereto. GT SECTION 5. The Secretary shall certify to the adoption of this Resolution. Passed, approved and adopted this 121h day of October 2021. ATTEST: Lisa L. hofe Secretary APPROVED AS TO FORM: Stephen P. Deitsch City Attorney 0 C�Lf/ Marilyn 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. 2082 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 12th day of October, 2021 and that said Resolution was adopted by the following vote, to wit: AYES: Chair Wilander, Commissioners Chan, Thompson, and Tsoi NOES: None ABSENT: Vice Chair Lin (��L - Lisa L. Flores Secretary of the fanning Commission 7 RESOLUTION NO. 2082 Conditions of Approval 1. The project shall be developed and maintained by the Property Owner/Applicant in a manner that is consistent with the plans submitted and conditionally approved for MFADR 20-03 and TPM 20-04 (83206), subject to the approval of the Planning & Community Development Administrator, or designee. 2. Any required mechanical equipment, such as backflow devices, visible from the public right-of-way or alley 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. 3. Prior to the Plan -check submittal, the Site Plan and Landscape Plan shall be revised to include one (1) 36 -inch box tree in the front yard. The Landscape Architect shall recommend the type of tree to ensure it complies with the City's Water Efficiency Landscape Ordinance. 4. Prior to the plan -check in Building Services, the architectural plans shall include the dimensions of the exterior moldings. 5. Prior to the issuance of a Certificate of Occupancy, the Property Owner/Applicant shall submit a permit application with the Public Works Department and receive a permit to remove the existing tree in the parkway and replace the street tree with a new 36 -inch box Crape Myrtle tree along the City's right -of -away. The location shall be determined by the Public Works Services Director or designee. 6. Prior to approval of the Final Parcel Map, the Property Owner/Applicant shall either construct or post security for all public improvements as shown on the Tentative Parcel Map No. 83206 and listed below: a. Remove and replace the existing curb and sidewalk along the entire property frontage. b. Remove and replace the asphalt alley and concrete ribbon gutter from property line to property line along the alley frontage c. The new driveway shall be installed per City Standard plan with the top of the wing at a minimum of one foot away from the property line. The project shall comply with the latest adopted edition of the following codes as applicable: a. California Building Code b. California Residential Code c. California Electrical Code d. California Mechanical Code e. California Plumbing Code f. California Energy Code g. California Fire Code h. California Green Building Standards Code i. California Existing Building Code 8. The project shall comply with Arcadia Municipal Code Section 8130.20 which pertains to Chapter 35: A Multiple Family Construction Standards of the California Building Code. 9. No demolition permit shall be issued prior to the issuance of a building permit for the new development. 10. All units shall be fire sprinklered per the City of Arcadia Fire Department Single & Multi -Family Dwelling Sprinkler Standards. 11. The Property Owner/Applicant shall utilize existing sewer lateral, if possible. 12. If any drainage fixture elevation is lower than the elevation of next upstream manhole cover (449.91'), an approved backwater valve is required. 13. The Property Owner/Applicant shall install a separate water meter for each condominium unit. A common water meter for each unit can be used to supply both domestic water services and fire services. The Property Owner/Applicant shall separate the fire service from domestic water service with an approved backflow device. 14. A separate landscape meter is required for common area landscape irrigation. 15. The Property Owner/Applicant shall be responsible for the installation of new water service and abandonment of existing water services, if necessary. All work shall be completed in accordance with Public Works Services Department, Engineering Division specifications. 16. The Property Owner/Applicant shall integrate Low Impact Development (LID) strategies into the site design. These strategies include using infiltration trenches, biorentention planter boxes, roof drains connected to a landscaped area, pervious concrete/paver, etc. 17. The Property Owner/Applicant shall provide a cart for trash, recycling, and green waste for each unit, as required by the Public Works Department. 18. The Property 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. 19.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 E 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 Multiple Family Architectural Design Review No. MFADR 20-03 and Tentative Parcel Map No. TPM 21-04 (83206), 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. 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. 20. Approval of MFADR 20-03 and TPM 20-04 (83206) 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. 10