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HomeMy WebLinkAbout1814RESOLUTION NO. 1814 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP NO. TPM 09 -08 (71182) AND THE RENEWAL OF RESIDENTIAL- MOUNTAINOUS DEVELOPMENT PERMIT NO. RM 07 -01 FOR THE SUBDIVISION AND DEVELOPMENT OF AN APPROXIMATELY 90 -ACRE PROPERTY GENERALLY LOCATED NORTH OF THE TERMINUS OF VISTA AVENUE AND NORTH AND NORTHWEST OF CANYON ROAD. WHEREAS, on August 5, 2009, a Tentative Parcel Map application was filed by Mr. Hank Jong of EGL Associates, Inc. on behalf of Nevis Homes, Development Services Department Case No. TPM 09 -08, in conjunction with the renewal of a related Residential Mountainous Development Permit No. RM 07 -01 for the development of two new single family residences on an approximately 90 -acre property generally located north of the terminus of Vista Avenue and north and northwest of Canyon Road; and WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Section 21000 et seq. "CEQA and the State's CEQA Guidelines, the City of Arcadia prepared an Initial Study and determined that there is no substantial evidence that the approval of Tentative Parcel Map Application No. TPM 09 -08 (71182) and the renewal of Residential- Mountainous Development Permit Application No. RM 07 -01 would result in a significant adverse effect on the environment with the incorporation of mitigation measures. Accordingly, a Mitigated Negative Declaration has been prepared and notice of that fact was given in the manner required by law; and WHEREAS, a duly noticed public hearing was held by the Planning Commission on February 23, 2010, 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 RESOLVES AS FOLLOWS: SECTION 1. That the factual data submitted by the Development Services Department in the attached report is true and correct. SECTION 2. This Commission finds: 1. That the granting of such Residential Mountainous Development Permit will not result in any of the following: a. Excessive or unnecessary scarring of the natural terrain and landscape through grading or removal of vegetation; or b. Unnecessary alteration of a ridge or crestline; or c. Unnecessarily affect the view from neighboring sites; or d. Adversely affect existing development or retard future development in this zone; or -2- 1814 e. Be inconsistent with the provisions of Division 0 of Part 5 of Chapter 2 of Article IX of the Arcadia Municipal Code. 2. That the use applied for will not have a substantial adverse impact on the environment with the incorporation of mitigation measures, and that based upon the record as a whole, there is no evidence that the proposed project, if implemented in accordance with the attached Mitigation Monitoring and Reporting Program (MMRP) will have any potential for an adverse effect on wildlife resources or the habitat upon which the wildlife depends. SECTION 3. The Planning Commission hereby approves and adopts that certain Mitigation Monitoring and Reporting Program (MMRP) prepared for Tentative Parcel Map Application No. TPM 09 -08 (71182) and Residential- Mountainous Development Permit Application No. RM 07 -01. SECTION 4. That for the foregoing reasons this Commission approves Tentative Parcel Map No. TPM 09 -08 (71182) and the renewal of Residential- Mountainous Development Permit No. RM 07 -01, for the subdivision and development of an approximately 90 -acre site generally located north of the terminus of Vista Avenue and north and northwest of Canyon Road, subject to the following conditions: -3- 1814 1. The applicant shall agree to and execute the Mitigation Monitoring and Reporting Program (MMRP) thereby agreeing to pay the City any applicable fees and expenses to implement the mitigation measures in the design, construction, and maintenance of the project. All mitigation measures shall effectively be conditions of approval. 2. An updated arborist report shall be submitted and shall have been approved by the Development Services Director prior to the issuance of a grading permit with renewal of Oak Tree Permit No. TR 08 -04. 3. All structures shall be sprinklered per the City of Arcadia Fire Department Single and Multi Family Dwelling Sprinkler Standard. 4. All structures shall comply with building regulations for the Wildland -Urban Interface area. 5. All landscaping within 30 feet of all structures shall be fire resistant and provided with means of irrigation. Landscaping within a distance of 30 to 100 feet of all structures shall be cleared of all dead and /or non -fire resistant vegetation. A detailed landscaping plan showing compliance with these requirements shall be provided upon building permit application. -4- 1814 6. A 36 -inch box oak tree shall be planted on each property in or adjacent to the right -of -way; the specific placements are to be determined by the Public Works Services Department. 7. All 11 items listed in the attached memorandum dated January 27, 2010 from the Public Works Services Department. 8. The applicant shall grant any easements deemed necessary by the City Engineer and/or Public Works Services Director for utility and /or public maintenance activities. 9. The truck haul route for graded earth material shall be as follows: South on Canyon Road to Elkins Avenue, west to Santa Anita Avenue, south to the 210 freeway, east to the 605 freeway, south to the 60 freeway, and east to the Puente Hills Landfill. Any alterations are to be approved by the City Engineer. 10. At least 48 hours prior to the commencement of grading activities, the applicant shall hand deliver written notification to all residents along the haul route between the point of activity and the 210 freeway, detailing the proposed construction staging plan, haul route and schedule, and other pertinent grading and construction information. 11. All City requirements regarding building safety, fire prevention, detection, suppression, emergency access, landscaping, water supply and -5- 1814 water facilities, trash reduction and recycling requirements, and NPDES measures shall be complied with to the satisfaction of the Building Official, Fire Marshal, Police Chief, Public Works Services Director and Development Services Director. Compliance with these requirements is to be determined by having fully detailed construction and grading plans submitted for plan check review and approval. 12. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officers, employees or agents to attack, set aside, void, or annul any approval or condition of approval of the City of Arcadia concerning this project and/or land use decision, including but not limited to any approval or condition of 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 officers, employees, and agents in the defense of the matter. -6- 1814 13. Noncompliance with the plans, provisions and conditions of approval for TPM 09 -08 (071182), RM 07 -01, and any subsequent renewal of TR 08 -04 shall be grounds for immediate suspension and/or revocation of any approvals. 14. Approval of TPM 09 -08 (071182), RM 07 -01, and the subsequent Oak Tree Permit shall not take effect until the property owner, civil engineer, and applicant have executed and filed the Acceptance Form available from the Development Services Department to indicate awareness and acceptance of the conditions of approval, and that all conditions of approval shall be satisfied prior to final inspection and issuance of a Certificate of Occupancy for the residences. SECTION 5. The Secretary shall certify to the adoption of this Resolution. Passed, approved and adopted this 9th day of March, 2010. AT retary, Planning Commission APPROVED AS TO FORM: Stephen P. Deitsch, City Attorney -7- 1814 STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF ARCADIA I, JAMES M. KASAMA, Secretary of the Planning Commission of the City of Arcadia, hereby certify that the foregoing Resolution No. 1814 was passed and adopted by the Planning Commission of the City of Arcadia, signed by the Chairperson and attested to by the Secretary at a regular meeting of said Planning Commission held on the 9th day of March, 2010 and that said Resolution was adopted by the following vote, to wit: AYES: Commissioners Baderian, Baerg, Beranek, Hsu and Parrille NOES: None of the Planning Commission