RESOLUTION NO. 2017- 121
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, APPROVING TENTATIVE TRACT MAP ( TTM 4947- 2016) TO DEVELOP 14 RESIDENTIAL CONDOMINIUM UNITS LOCATED AT
1198- 1236S.SAN ANTONIO AVENUE WITHIN THE R2-S ZONING DISTRICT
THE CITY COUNCIL OF THE CITY OF POMONA DOES RESOLVE AS
FOLLOWS:
WHEREAS, on, May 23, 2016, ShahrarnTorp, submittedanapplication requestingan appealof Tentative Tract Map (TTM 4947-2016);
WHEREAS, the propertylocatedat 1198-1236S. SanAntonioAvenueis ownedby ShahrarnTork andlocatedwithin the R2 Low DensityMultiple Familywith a Supplemental Overlay zoning district;
WHEREAS, for development of ten or more residential units or new development within theSupplementaloverlaydistrict, Section .5809-13.17of theZoningOrdinancerequiresthat the Planning Commission consider an application for a Conditional UsePen-nit; WHEREAS, the PlanningCommissionhas, after giving noticethereofasrequiredby law, held public hearings on January 11, 2017 and April 12, 2017, concerningthe request to develop 14 attached residential condominium units and not approved a Resolution either for approval or denial; and
WHEREAS, the City Clerk has, subject to requirements of the Pomona Zoning Ordinanceplacedthe applicationon the August 7, 2017 City Council agenda, for the requested appeal of non- action; and
WHEREAS, theCity Councilhascarefullyconsideredanypertinenttestimonyandthe staffreportoffered inthecasepresentedat theCity Councilmeeting.
NOW, THEREFORE, BE IT HEREBYRESOLVED:
SECTION I. The City Council exercising independentiudgrnent finds that the proposed project will not have a significant effect on the environment. Pursuant to the Guidelines for Implementation of the California Environmental Quality Act ( CEQA), the project is categorically exempt under Section 15332 of the California Public Resources Code, which exemptsin-fill developments locatedin urbanizedsettings. ThePlanningCommissionfinds that the project meets the following criteria listed in the exemption: I) the proposed project is consistentwith the GeneralPlanand Zoning Ordinanceof the City; 2) the parcelis smaller than five acres; 3) the project site has no value as habitat for endangered, rare or threatened species; 4) theprojectwill nothavesignificanteffectsupontheenvironment; and5) thesitecanadequately be servedby utilities andpublic services.
Resolution No. 2017- 121
August 7, 2017
ATTACHMENT NO. 2
SECTION 2. Pursuant to Section 66474 of the California Government Code SubdivisionMap Act) andthe City' s SubdivisionOrdinance, the City Council mustmakeseven findings in order to approve Tentative Tract Map ( TTM 4947- 2016). used on consideration of the whole record before it, including but not limited to, the staff report, public testimony received at the public hearingon this matter, and evidencemadepart of the public record, the City Council hereby finds as follows:
L The proposed tentative tract map is consistent with the general plan and applicable specific plan.
The project is consistent with the General Plan place type of Residential Neighborhood in the T- 3 Typical Transect Zone. Further, the T- 3 Transect Zone prescribes the typical development type as:
A variety refsmall scale, primarily single-family housingtypesas well as limited attachedhousingtypes (suchastownhomesandmultiplexes) thataresensitivelydesigned and explicitly compatible with adjacenthomes"
The project is an appropriate development within the area because it is under the maximum allowable height of 2.5 stories allowed in the T- 3 transect zone, and the proposed development is proposed in an established single and multi- family residential properties to the north, south, east, and west of the subject site. With the conditions of approval, the proposed residential development will positively affect the general welfare of thecommunityandimprovethe aestheticsof the immediateneighborhood.
2. The design or improvement of the proposed subdivision is consistent with the general plan and applicable specific plan.
The design and improvements of the proposed subdivision are consistent with the General Plan in that on- site improvements, such as driveways, sidewalks and drainage facilities will be designed and constructed in accordance with City standards. In addition, the project design, which is intended for multiple-family residential development, provides for satisfactory pedestrian and vehicular circulation.
3. Thesite isphysically suitable,for the typeof`development.
The site is physically suitable for the developmentin that the proposedsubdivision is planned for multiple- family residential development. Given the shape and topography of the site, at approximately 46, 550 square feet in size, the subdivision design accommodatesadequateland for fourteen dwelling units, accompanying driveways and open space areas to service the development. Further, the site is relatively flat which will allow for minimal grading and compatible building pad heights with adjacentproperties surrounding the project site.
Resolution No. 2017- 121
August 7, 2017
ATTACHMENT NO. 2
4. Thesite isphysically suitablefor theproposed density qf'development.
The siteis physicallysuitableto accommodatethe proposeddensityresulting fromthe subdivision. The subdivision proposes fourteen dwelling units on property approximately46,550 squarefeet in size, which resultsin a densityof approximately14 units per acre. This density is consistentwith the City's General Plan and Zoning Ordinance.
S. The design of the subdivisionor the proposed improvementsis not likely to cause substantial environmental damage or substantially and avoidably injur•e,fzsh or wildlife or their habitat.
Theproposedprojectwill complywith thepoliciesandregulationsof thePomonaCity CodeandGeneralPlanandwith all local or regional plans, policies, regulations, andany requirements by the California Department of Fish and Game or U.S. Fish and Wildlife Service. Based on these factors, the proposed subdivision will not cause substantial environmental damage or injure wildlife or their habitat.
6. Thedesignof thesubdivisionor typeql'improvementsis not likely to causeseriouspublic health problems.
The designof the subdivision and the type of improvementsare not likely to cause seriousproblemsto public health becausethe building andinfrastructure improvements shallbeconstructedto conformto all City standards. TheadoptedCitystandardsrelating to the Uniforin Building CodeandGrading Code aredesignedto protectthe public health andwelfare andhave beenapprovedby the City,
7. The design of the subdivision or type qfimprovcments will not conflict with easements, acquiredby thepublic at large,.for accessthroughor useofpropertywithin theproposed subdivision.
The design of the subdivision or type of improvements will not conflict with easements acquired by the public at large.
SECTION 3. Based onthe abovefindings, the City Council hereby approvesTentative Tract Map (TTM 4947- 2016) for developmentof 14attachedsinglefarnily condominiumunits.
SECTION 4. The City Clerk shall attestand certify to the passageand adoption of this Resolution andit -,hall becomeeffective immediately upon its approval.
Resolution No. 2017- 121
August 7, 2017
ATTACHMENT NO. 2
APPROVED AND ADOPTED THIS 7"' DAY OF AUGUST 2017.
ATTEST: CITY OF POMONA:
Eva M. Buice, MMC, City Clerk Tim landovai/ Aayo`?
APPROVED AS TO' F-P, M:
ArnoldAlvarez- Glasman, City Attorney
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF POMONA
1, EVA M. BUICE, MMC, CITY CLERK of the City of Pomona do hereby certify that the foregoing Resolutionwas adoptedat a RegularMeeting of the City Council of the City of Pomona held on the
7th
day of August 2017, by the following vote:
AYES: Gonzalez, Robledo, Carrizosa, Ontiveros- Cole, Escobar, Torres, and Mayor Sandoval NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Pomona, California, this
81h
day of Augqst 2017.
Eva M. Buice, MMC, City Clerk
Pursuant to Resolution No. 76-258 of the City of Pomona the time in which judicial review of this action must be soughtis governedby California Codeof Civil ProcedureSection 1094.6." Resolution No. 2017- 121
August 7, 2017
ATTACHMENT NO. 2