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HomeMy WebLinkAboutItem 1a: Ordinance 2287 Introduction: Business Fees & Land Use & Resolution 6796: Special Use Permit Fees e V ' R 4 41 111111$ 111' . KEEN All �u�ity�0• STAFF REPORT Development Services Department DATE: October 4, 2011 TO: Mayor and City Council FROM: Jason Kruckeberg, Assistant City Manager/Development Services Directors(-- Jim Kasama, Community Development Admi istrato Prepared By: Lisa Flores, Senior Planner SUBJECT: CONSIDERATION OF TEXT AMENDMENT NO. TA 11-04 FOR AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING ARTIVLE VI (BUSINESS, PROFESSION, TRADES AND OCCUPATIONS) AND ARTICLE IX (DIVISION AND USE OF LAND) OF THE ARCADIA MUNICIPAL CODE AND A RESOLUTION ESTABLISHING DEVELOPMENT SERVICES DEPARTMENT FEES FOR SPECIAL USE PERMIT. Recommended Action: Adopt Resolution No. 6796 and Introduce Ordinance No. 2287 SUMMARY In an on-going effort to update the Zoning Ordinance, the Development Services Department is initiating eleven (11) text amendments to Arcadia Municipal Code, Article VI, Business, Professions, Trades and Occupations and Article IX, Division and Use of Land. A copy of the proposed text amendments is presented in Exhibit 'A'. The Development Services Department is recommending approval.of the proposed text amendments set forth in this staff report. These Amendments are considered "clean-up" to various sections of the code to facilitate the new changes and streamlining of our existing ordinances. The amendments are based primarily on the Staff and Planning Commission's experiences with issues raised and are designed to provide efficiency in our land use regulations. DISCUSSION The proposed text amendments affect two Articles of the Arcadia Municipal Code. The first part is to remove Promotional Entertainment Events — Parking Lots and Christmas Tree Sales and Pumpkin Sales regulations from Article VI, Businesses, Professions, Trades and Occupations, and establish a new process for Special Use Permits in the Zoning Ordinance, which is in Article IX, Division and Use of Land. The second part is to amend several provisions of the Zoning Ordinance. The proposed amendments in Exhibit 'A' show the new language in red italics and proposed deletions with a "striketg#". Summaries of the major proposed changes are as follows: Special Use Permits The Code currently has regulations for Promotional Entertainment Events — Parking lots; and Christmas Tree and Halloween Pumpkin Sales in Article VI, the Business License regulations. In the absence of regulations for Special Events, business licensing staff has been processing temporary special events through an informal Special Event application. Examples of special events include concerts, carnivals, charitable fund-raising carwashes, 5K runs, etc. The proposal is to formalize the long-standing policies and processes for special events (as was recently done for Santa Anita Park). The proposed new regulations will provide for consistency in the application review and approval process, as well as providing staff the necessary tools to conduct reviews more effectively and efficiently. Additionally, the new regulations will improve the process and clarify to the public the requirements for a special event. Because special events are temporary and short-term activities, staff is proposing that the permit process be handled administratively with conditions to be placed on the event to address common concerns, such as parking, traffic, hours of operation, and noise. In order to receive a special use permit, the event must satisfy at least all of the following criteria: 1. The site for the intended use is adequate in size and shape to accommodate said use or event. 2. The site for the proposed use or event would not adversely interfere with existing uses on the subject property; and would not impede or adversely impact pedestrian access ways and/or vehicular circulation patterns. 3. The proposed use would not result in a significant adverse impact on adjacent property. 4. That by requiring certain safeguards as conditions of approval, the proposed use would not be detrimental to the public health, safety and welfare. Staff believes this new process will allow for better coordination between City departments, and facilitate zoning enforcement, as well as encourage greater utilization of commercial properties. Sidewalk and Parkina Lot Sales In the absence of regulations for parking lot sales, requests for these events were also processed as a special event. The proposed text amendment will formalize the process and include parking lot sales with the sidewalk sales regulations since the activities are very similar. For parking lot sales and events, the activity will be limited to occupying not more than 25% of the parking lot area. Text Amendment No.TA 11-04 October 4, 2011 Page 2 Home Occupations Staff has been running into several challenges when reviewing home occupation applications; such as, authenticating the ownership of adjacent properties, which are currently required to sign-off on the applications, and determining the appropriateness of certain occupations. This text amendment would simplify the process, and update the list of home occupations to include new uses that meet the current needs of the community. The process will be streamlined by eliminating the requirement of having the adjacent property owners sign-off. Off-Street Parking Requirements These are two modifications proposed to major land use groups with regard to parking requirements. Restaurant Parking Section 9269.5 of the Zoning Ordinance, which governs most aspects of commercial and industrial off-street parking requirements, provides different requirements for restaurants, fast food restaurants, restaurants with alcoholic beverage service, and restaurants with drive-through service. The current standards are confusing to applicants, and often result in parking modifications being necessary after a restaurant has begun operations. To simplify the requirements, staff recommends removing the fast food distinction, and differentiating the parking requirements based on the size and/or seating capacity of the restaurant: • Restaurants of less than 1,500 square feet and/or with no more than 12 seats are to have 5 parking spaces for every 1,000 square feet (same as "retail"); • Restaurants of 1,500 square feet or more and/or with more than 12 seats are to have 10 parking spaces for every 1,000 square feet; and • Bars and Cocktail Lounges are to have 15 spaces per 1,000 square feet of gross floor area. Many of the shopping centers in the City that have restaurants operate adequately in terms of shared parking. Staff believes that allowing small restaurants with limited seating will not impact the parking availability in shopping centers. This requirement will also eliminate confusion of having a "take out" food establishment that is not allowed to have seats. The text amendment will also eliminate the separate definition of "Eating Establishment" to utilize the following new definitions for"Restaurant" and "Bars and Cocktail Lounges:" • Restaurants — A restaurant is an eating establishment where food and drink are prepared on the premises and customarily ordered by patrons, regardless of the manner in which the food and drink are served or whether the food and drink are consumed on or off the premises, and which may provide an indoor and/or outdoor seating area; this includes take-out and fast-food services, Text Amendment No. TA 11-04 October 4, 2011 Page 3 and incidental delivery service. A restaurant that has a bar area exceeding 30 percent of the dining area shall be classified as a bar or cocktail lounge. • Bars and Cocktail Lounges — An establishment serving alcoholic beverages for on-site consumption as the primary use, including bars, cocktail lounges, pubs, taverns, and similar establishments where any food service is subordinate to the sale of alcoholic beverages, and may offer entertainment such as music and dancing as a secondary activity. The establishment may also include beer brewing as part of a microbrewery, and other beverage tasting facilities. Medical and Dental Office Parking In recent years, the City has seen a rising demand for medical/dental office uses, and parking is often an issue because commercial developments that were not intended for medical/dental offices were not developed with the current medical/dental office parking requirement of 6 spaces per 1,000 gross square feet. Regular office uses require 4 spaces per 1,000 gross square feet, and retail requires 5 spaces per 1,000 gross square feet. The increased demand for medical/dental office uses is not being met by new development due to a lack of available sites. The result is an increasing demand to convert regular office spaces and retail spaces into medical/dental offices. This process almost always necessitates a parking modification. In reviewing these cases, staff has found that in those cases where a large general office building (i.e., 10,000 square feet or more) was converted into a medical building, there is more than adequate parking, even though the building does not meet the 6 spaces per 1,000 gross square-foot, medical/dental office parking ratio. The reason for this appears to be because these larger medical/dental office buildings devote a relatively larger proportion of square- footage to common spaces; such as, elevator lobbies, hallways, and restrooms. Staff has consulted with designers, and they agree that this is the case: Common spaces in newer medical/dental buildings have become larger in response to accessibility requirements, healthcare standards, and building code changes. Staff also surveyed several other cities, and found that Arcadia is the most restrictive. The requirements at neighboring cities are as follows: x„, e -1 C J.'.l' . �,l I J..l)t •J I Z t f T. � a w.L f -+;ws a«s,Y wc..,ASia�.,«..,..:.. Temple City 5 spaces per 1,000 sq.ft. of gross floor area Rosemead 5 spaces per 1,000 sq.ft. of gross floor area Monrovia 5 spaces per 1,000 sq.ft. of gross floor area Pasadena 4 spaces per 1,000 square feet of gross floor area South Pasadena 4 spaces per 1,000 square feet of gross floor area On the other hand, in those cases where there has been a request to convert a single general office or retail space into a medical/dental space, the projected parking demands of that medical/dental use often exceed the 6 spaces per 1,000 gross square- foot, medical/dental office parking ratio. To address this, the requisite parking modifications have been conditioned with the new medical/dental use being restricted to a sole-practitioner and/or to a type of specialized practice that does not generate a high parking demand. Text Amendment No.TA 11-04 October 4, 2011 Page 4 In response to this situation, staff is proposing an adjustment to the parking requirement for medical/dental uses to reduce the requirement from 6 spaces per 1,000 square feet of gross floor area to 5 spaces per 1,000 square feet of gross floor area for medical/dental uses of more than 10,000 square feet of gross floor area. S-2, Public Purpose Zone— Churches This amendment is a cleanup that is needed due to the changing of all school sites to the S-2, Public Purpose Zone, which was done in conjunction with the General Plan Update. Churches, particularly new churches, or those that for whatever reason are transitioning between locations, will occasionally rent space at a public school site. Prior to the rezoning of all school sites from residential to S-2, churches were allowed at those sites with an approved Conditional Use Permit (CUP) because churches are authorized to operate with an approved CUP in residential zones. The S-2 zoning is not included in the zones authorized for a CUP for churches. Therefore, when the S-2 zoning was applied to the school sites, it effectively prohibited churches from using school sites. This was not intended, and this amendment adds the S-2 zoning to the list of zones authorized for CUPs for churches. PLANNING COMMISSION ACTION At the regular meeting on July 26, 2011, the Planning Commission considered the proposed text amendment at a public hearing. After discussion, the Commission suggested that the list of Home Occupations be eliminated since it could become obsolete in a short time. Instead, the Commission recommended the wording be amended to allow any home occupation as long as it complies with all the performance standards (Section 9285.5),_and does not interrupt or interfere with the general nature or residential character of the neighborhood. The Planning Commission recommended changes are shown with a "etFikethfetig142 in blue. The Planning Commission voted 4-0 with one Commissioner absent to recommend approval of the proposed text amendments. ENVIRONMENTAL ASSESSMENT Pursuant to the provisions of the California Environmental Quality Act (CEQA), the Development Services Department has prepared an Initial Study for the proposed text amendments. The Initial Study did not disclose any substantial or potentially substantial adverse change that cannot be mitigated to a level that is less than significant in any of the physical conditions within the areas affected by the project, including land, air, water, minerals, flora, fauna, ambient noise and objects of historical or aesthetic significance. Therefore, a Negative Declaration has been prepared for this project. FISCAL IMPACT The proposed text amendment and ordinance will have no direct fiscal impact. Text Amendment No. TA 11-04 October 4, 2011 Page 5 RECOMMENDATION The Development Services Department recommends approval of Text Amendment No. TA 11-04. RECOMMENDED ACTION It is recommended that the City Council accept the CEQA determination of a Negative Declaration and move to: 1) Introduce an Ordinance of the City Council of the City of Arcadia, California, amending Article VI (Business, Professions, Trades and Occupations) and Article IX (Division and Use of Land) of the Arcadia Municipal Code; and 2) Adopt Resolution No. 6897, establishing Development Services Department Fees for Special Use Permit. Approved: Pe - t Donald Penman, City Manager Attachments: Exhibit 'A' — Draft Text Amendments Ordinance No. 2287 Resolution No. 6796 Initial Study— Negative Declaration Text Amendment No.TA 11-04 October 4, 2011 Page 6 ARTICLE VI.-BUSINESSES, PROFESSIONS,TRADES AND OCCUPATIONS CHAPTER 4.-SPECIAL REGULATIONS PART 3.-COMMERCIAL ENTERPRISES(Continued) DIVISION 9.-SIDEWALK AND PARKING LOT SALES DIVISION 9. - SIDEWALK AND PARKING LOT SALES 6439.1. - COMMERCIAL USE OF SIDEWALK. Except as otherwise expressly provided in the Arcadia Municipal Code, no person shall conduct any commercial activity on a public street, sidewalk or parkway. 6439.2. -CONDITIONS OF SIDEWALK AND PARKING LOT SALES. No merchant, vendor or seller shall place his goods, wares or merchandise outside of his building for the purpose of storage, advertising, display or sale except upon applying for and receiving a permit as set forth in Section 6324.18.5, and such sidewalk sales shall be permitted only in accordance with the regulations of this Section: (1) No business shall participate in more than two(2)sidewalk or parking lot sales in any calendar year. No such sale may be conducted for more than two(2)consecutive days and shall be held not earlier than 9:00 a.m. nor later than 9:00 p.m. (2) Sidewalk and parking lot sales may only be conducted in C-1 or less restrictive zones. (3) Only the goods, wares or merchandise normally of the type sold on the premises may be offered for sale and such sale may only be conducted within the extended lot lines of the premises offering such goods for sale. (4) For parking lot sales, twenty-five (25%) of the parking area may be utilized for the sales or display of merchandise. If the parking provided exceeds Code requirements, those additional spaces may be utilized. (5) Each sidewalk sale shall include the participation of a minimum of thirty percent (30%)of the businesses on a block face. (6) No merchandise or signs shall be displayed within fifty feet (50') of a residentially zoned property. (7) Tables, racks and other displays or merchandise may be placed on sidewalks provided that a walkway of a minimum width of seven feet (7') be left clear adjacent to the curb and, provided further, that all doorways, alleyways, driveways and other means of ingress or egress to adjoining buildings and property shall remain clear of obstruction. (8) Any signs shall be permitted only during the conduct of the event and shall be approved as to size and place by the Development Services Director or designee at the time of application approval. Exhibit A:TA 11-04-Sidewalk and Parking Lot Sales October 4,2011 Page 1 ARTICLE IX.-DIVISION AND USE OF LAND CHAPTER 2.-ZONING REGULATIONS PART 8.-GENERAL PROVISIONS DIVISION 5.-HOME OCCUPATIONS DIVISION 5. - HOME OCCUPATIONS 9285.1. - PURPOSE. It is the purpose of this Chapter to: A. Recognize that a residential property owner or resident has a limited right to conduct a small business from a residence(single-family, multi-family, mixed use, or accessory dwelling); and B. Maintain the residential character of residential neighborhoods. 9285.2. - HOME OCCUPATIONS PROHIBITED WITHOUT PERMIT. No person shall engage in business or transact and carry on any business, trade, profession, calling or occupation on any property zoned for residential purposes without an approved and unrevoked or unsuspended home occupation permit. No permit shall be issued for a property on which there exists a violation of the law. 9285.3.—AUTHOR:,Y. PERMIT REQUIRED. The establishment of a home occupation within a residence (single-family, multi-family, mixed use, or accessory dwelling)shall be regulated by a one-time application fee and annual license fee, established by resolution of the City Council for a home occupation permit. 9285.4. - ERMITTED HOME OCCUPATION USES Chapter. A. Home occupations are uses that generally do not interrupt or interfere with the general nature or residential character of the residential neighborhood. The uses that meet the performance standards in Section 9285.5 are permitted home occupations. •= - - - -=- - - = - =- - == - 1. Accountant Exhibit A:TA 11-04—Home Occupations October 4,2011 Page 1 4. Architectural service; 5. Art restoration; 7. Bookkeeper; 8. Catering Service; 15. Exterminator; 16. Financial planning; 18. Gardener; 4-9:---Ha an ' - ' 21. House cleaning service; 21. Interior design; vehicles-afe-stared). 26. Locksmith; 30.-- hotograpkeri ; 40. Typist; '12. Watch repair B. Any storage of flammable or hazardous materials for a home occupation is subject to review and approval of the Arcadia Fire Department. 9285.5. - PERFORMANCE STANDARDS Exhibit A:TA 11-04—Home Occupations October 4,2011 Page 2 The following performance standards shall apply to all business uses of a residence and to all home occupations, and shall be complied with at all times: A. All business license shall be renewed by the license on an annual basis. B. Home occupation uses shall be incidental to the primary use of the structure as a residential use and shall not detract from the residential character of the neighborhood. No more than four hundred (400)twe-hundred-(200)square feet of the floor area of the dwelling unit may be used in connection with a home occupation, including any storage in connection with a home occupation. C. Only individuals permanently residing on the premises shall be employed in the home occupation. D. There shall be no exterior indication of the home occupation or variation from the residential character of any buildings. E. There shall be no exterior operations, storage, or display of materials in conjunction with a home occupation. F. There shall be no signs, banners, or flags displayed in conjunction with a home occupation. G. No home occupation activity shall produce any noxious matter, vibrations, glare, dust, electrical interference, or perceptible noise beyond the lot lines of the subject property. H. The Development Services Director or designee shall have the right at any time during normal City Hall business hours to enter and inspect the premises. 1285 S ME EMP OYM,ENT. ' - - " - -" 2 :"." : " - " : : 2, ' :•-=, - - - -- - - - --- -- - - - - - -- -- - -- -- -- - - - - - - -- -- - - - ---- - -- - - - ---- - - 9 2 8 5.5.3. _- _ - omitted-Uses ). Exhibit A:TA 11-04—Home Occupations October 4,2011 Page 3 9286.6.6. SwMe FL OOo ARE occupation. • PrePeFilb- _ • " _ _ _ - _ _ _ - - - -- - - - - - - - -- D e p a r t m e n t., 9285.6. -PERMITTED USE& PROCEDURE FOR OBTAINING PERMIT. A. An application for a home occupation permit shall be submitted to the Development Services Department on the appropriate application form. B. The Development Services Director or designee shall review the application to determine if the use and home occupation are authorized in the zone in which they are proposed, and if the proposed use and home occupation meet the requirements of this Division. C. If the application is for an authorized home occupation and use, and meets the requirements of this Division, the Development Services Director or designee shall approve the application and a home occupation permit will be issued. D. If the use or home occupation is not authorized, or the application and/or proposed use does not meet the requirements of this Division, the Development Services Director or designee shall deny the application. The decision of the Development Services Director or designee may be appealed to the Planning Commission in accordance with Section 9285.7. Exhibit A:TA 11-04—Home Occupations October 4,2011 Page 4 E. Unless suspended or revoked by the City, approval of the home occupation permit is for the lifetime of the home occupation. Renewal of a business license as required by the City shall be the only necessary action renewal of the permit-holder to continue the home occupation. R 0, R M, R I, R 2, R 3. • . - - - RO, RM, R1, R2, R3. R1, R2, R3. 9285.6.1.4. S+w ME. SAME. ARTIST. R 0, R M, R I, R 2, R 3. R 0, R M, R I, R 2, R 3. RO, RM, R1. R 0, R M, R I, R 2, R 3. • Ii . R 0, R M, R I. R 0, R M, R I. 1 - R 0, R M, R I, R 2 R 3. R 0, R M, R I, R 2, R 3. - . - _ . - . - ° r1 ° M ° I ° 2 °_4 Exhibit A:TA 11-04—Home Occupations October 4,2011 Page 5 R 0, R M, R I, R 2, R 3. R 0, R M, R I, R 2, R 3. R 0, R M, R I, R 2, R 3. RO, RM, R1. D41 D_M 14-114-.27-1144.- ! ! - • R 0, R M, R I, R 2, R 3. 9266.6.1.20. S E. SAM E.-1X--;ST R 0, R M, R 1, R 2, R 3. R 0, R M, R I, R 2, R 3. R 0, R M, R I, R 2, R 3. R 0, R M, R I, R 2, R 3. 9266.6.2.4.- SAME. SA;rE. JE ELRY. R 0, R M, R I, R 2, R 3. R 0, R M, R 1, R 2, R 3. Exhibit A:TA 11-04—Home Occupations October 4,2011 Page 6 • 9285.6.8.6 SAMC SAMC MACRAME R 0, R M, R I, R 2, R 3. 9285.6.2.7. SAMC SAMC NOVE TICS R 0, R M, R I, R 2, R-3. 92286.6.2.8r SSAMSE. SAMC POTTED PLANTS. R 0, R M, R I, R 2, R 3. 9.t SAMC SA Ac TOYS � i���-wtv�r�rwrcNrcr-ry r v r R 0, R M, R I, R 2, R 3. 9286.6.3.1. SAME SAMC CHI 11 CARD - I. 9285.7. - APPEALS - = • _ --- - - _ _ _ _ _ - - - _ - _ - - • Appeals by an applicant must be filed in writing and delivered to Planning Services within five(5)working days of the Director or designee's decision. Before accepting an appeal, the City shall charge and collect a fee which shall be paid in an amount established by resolution of the City Council. Upon receipt in proper form of an appeal of the Director's or designee's decision, the Secretary of the Planning Commission shall fix a time and place for a public hearing thereon to be held not less than ten (10)calendar days nor more than forty(40) calendar days thereafter. Appeals from the Planning Commission decision shall be made to the City Council. The decision of the City Council shall be final. Said appeal shall be made in writing and delivered to the City Clerk within five (5) working days after the Planning Commission's decision. The decision of the Planning Commission may be appealed to the City Council, in accordance with Arcadia Municipal Code Section 9600. Exhibit A:TA 11-04—Home Occupations October 4,2011 Page 7 9285.8. -INFORMATION REQUIRED SUSPENSION/REVOCATION OF PERMIT. INFORMATION-REQUIRED.erg vr� �«ayv�t c o� A. Upon a showing of probable cause by the City Code Services staff of a violation of this Chapter or any conditions of approval by a home occupation permit-holder, the Development Services Director or designee may suspend or revoke the home occupation permit pending a hearing before the Planning Commission. The Director or designee shall cause notice of the suspension or revocation order to be served on the permit-holder by regular first-class U.S. mail. B. Whenever the Director or designee has suspended or revoked a home occupation permit, the Director or designee shall cause a noticed to be held by the Planning Commission within forty-five (45) days of the notice hearing to consider the suspension of revocation of the home occupation permit. C. At the conclusion of the hearing, the Planning Commission may sustain the Director's or designee's decision to suspend or revoke the home occupation permit, or overturn the decision and order reinstatement of the permit. The decision of the Planning Commission may be appealed to the City Council in accordance with Arcadia Municipal Code Section 9600. 9285.9. -FEE. PENALTIES It is unlawful and an infraction for any person,firm, or corporation to violate, disobey, omit, neglect, refuse to comply with, or resist the enforcement of any provision of this Chapter. Any such violation is a misdemeanor or infraction punishable pursuant to Sections 1200 and 1201 of the Arcadia Municipal Code. • • A.'. _ .. _ _ _ - _ •• - - - - - - -_ -- _ _ - = - - • _ applleaRt,. 9281 .12 APPEAL Q Exhibit A:TA 11-04—Home Occupations October 4,2011 Page 8 •_ - •- _ - _ _ _ = _ ' - -- •- - •- - • _ _ - •- - = _ •-• - _ - _ _ - - - •. ..• --• -_ - 9285.12.1. SAMC CREATION • . �• - - c = ! -- - - -- - - _ _ - - • _ - - _ _ - - - - - _ -_- - - _ - _ - _- _•- - - _ - _ _ - _ - - _ _ - - _ - - -- -• 9286.12.1.2. - SAME. Sa-�AMmEN--AAUTHORI . . . _ _ _ _, _ _ _ - .- •- - - _ .• _ - _ = _ - - -_ - - - _ - _=• a • • a • A , • Exhibit A:TA 11-04—Home Occupations October 4,2011 Page 9 9286,-1-6,---PERMIT-RENEWAL, - - - - - - - - -- -- - - - - _ - • Council 9286.16. - RERMIz NO TR NSFERABE - . - - • - Exhibit A:TA 11-04—Home Occupations October 4,2011 Page 10 ARTICLE IX.-DIVISION AND USE OF LAND CHAPTER 2.-ZONING REGULATIONS PART 9.—Variances,Modifications,Amendments,Zone Changes,Annexations,Architectural Design Review and Special Use Permit DIVISION 8.—SPECIAL USE PERMIT Division 8. Special Use Permit DIVISION 8. SPECIAL USE PERMIT. 9298. PURPOSE This Division establishes procedures for issuing a Special Use Permit to allow short-term activities that may not meet the development or use standards of the applicable zoning district, but may be acceptable because of their temporary nature. 9298. 1 APPLICABILITY Special events shall not be established, operated, or conducted in any manner without issuance and maintenance of a valid Special Use Permit in compliance with this Division. The—fallowing Uses that do not fall within the categories defined below shall comply with the use and development regulations of the applicable zoning district. 9298.2 - USES AND EVENTS PERMITTED WITH A SPECIAL USE PERMIT. EVENT PERMIT PERMIT FREQUENCY DURATION Special Events — Temporary uses of land involving temporary structures such as barricades, fences, booths, tents or the parking of Maximum Maximum trailers, for such activities as carnivals, circuses, 4 times per 12 days for such fairs, festivals, non-profit fund raising concerts, calendar year. use in any one farmers market, food events, outdoor calendar year. entertainment, or arts and crafts exhibits. Christmas Tree and Halloween Pumpkin Sales Maximum 2 times Maximum 45 days per for such use. Temporary outdoor sales of Christmas trees and calendar year. pumpkins may only be located on non- residentially zoned property. EXCEPTION: The Development Services Director may deem other events or uses as appropriate temporary uses subject to a Special Use Permit. 9298.3 REGULATIONS FOR CHRISTMAS TREE AND PUMPKIN SALES 1. Secure an electrical permit for a temporary power pole if such temporary power is to be used. Exhibit A:TA 11-04—Special Use Permit October 4, 2011 Page 1 2. All overhead lighting shall be placed on poles installed at least thirty (30) inches into the ground. Prior to installation an electrical permit shall be obtained for all power poles and lighting equipment and the type and installation of all lighting equipment shall be approved by the Building Official. The power source for all lighting on property already served by electricity shall be approved by the Building Official. 3. Unless permanent toilet facilities for each sex are available for public use on the lot, two (2) chemical toilets shall be maintained thereon for public use at all times during which the Christmas trees or pumpkins are being offered for sale, one to be marked "Men" and one to be marked 'Women". 4. No open fires shall be allowed on any lot and compliance with all local fire regulations shall be required. 5. The Fire Chief or his designee shall approve the size, location and placement of all tents and canopies used for storage and sales of Christmas trees. 6. All installations for the spraying of Christmas trees and the method of spraying shall be approved by the Fire Department. was-issued: • _ _ - - -_ _- - -_ = _ - - • - 7. A cash bond of one hundred and no/100 dollars ($100.00) shall be filed with the Department of Building and Safety at the time of issuance of the certificate of occupancy to insure compliance with the foregoing conditions and all debris, tree pruning, stumps, straw, and garbage shall be removed from the site leaving no evidence of seasonal outdoor sales. Refund of the cash bond shall be made only if all requirements have been met to the satisfaction of the Building Official . The cash bond specified may be waived by the Building Official 6220.12.2 if in his opinion such bond will not be necessary to insure compliance with the provisions of this Division because of special circumstances applicable to the applicant and its proposed location of sales. 8. A separate license and a separate certificate of occupancy shall be required for each location. 9. Outdoor Storage for Christmas trees - Pre-existing retail businesses engaging in Exhibit A:TA 11-04—Special Use Permit October 4, 2011 Page 2 Christmas tree sales on their property may store such trees outside of their building between December 1 and December 25 of each year. Such trees may only be stored on: a) Private pedestrian walkways adjacent to such business in such a manner as to provide reasonable pedestrian passageway along the length of such walkway; or b) The parking lot area of such business, provided that not more than ten percent(10%) of the total required parking spaces shall be used and that there shall be no interference with the normal flow of traffic in the parking lot. 10. Outdoor Storage for Pumpkin sales - Pre-existing retail businesses engaged in pumpkin sales on their property may store such pumpkins outside of their building between October 5 and October 31 of each year. Such pumpkins may only be stored on: a) Private pedestrian walkways adjacent to such business in such a manner as to provide reasonable pedestrian passageway along the length of such walkway; or b) The parking lot area of such business, provided that not more than ten percent (10%) of the total required parking spaces shall be used and that there shall be no interference with the normal flow of traffic in the parking lot. 9298.4 CRITERIA FOR A SPECIAL EVENT. The Development Services Director or designee shall review the special use permit, based on the following criteria: 1. The site for the intended use is adequate in size and shape to accommodate said use or event. 2. The location for the proposed use or event would not adversely interfere with existing uses on the subject property; and would not impede or adversely impact pedestrian access ways and/or vehicular circulation patterns. 3. The proposed use would not result in a significant adverse impact on adjacent property. 4. That by requiring certain safeguards as conditions of approval, the proposed use would not be detrimental to the public health, safety and welfare. 9298.5—DISTANCE TO RESIDENTIAL PROPERTY. PERMIT REQUIREMENTS No such-eveet-ner—ate equipment or apparatus related thereto shall be placed or maintained within one hundred feet(100')of any residential uses. 9298.6—SIGNS A. Temporary window signs. Any additional window signs shall be permitted only during the event and shall be approved as to size and placement at the time of application approval. B. The location of all signs shall comply with the driveway visibility standards. C. Small directional signs may be permitted. D. No signs shall be installed prior to issuance of a Special Use Permit. E. All signs are subject to the approval of the Development Services Director or designee. Exhibit A:TA 11-04—Special Use Permit October 4, 2011 Page 3 9298.7—APPLICATION Application for a Special Use Permit should be submitted at least four (4) weeks prior to the date(s) proposed for such use or event on forms provided by the City and shall include such plans as may reasonably be required by the Development Services Director or designee for a complete understanding of the proposal, and a filing fee shall be paid as established by resolution of the City Council. 9298.8—ACTION A. Within twenty-one days after the Development Services Director deems completion of an application for a Special Use Permit, the Development Services Director or designee shall grant, deny, or conditionally grant the Special Use Permit, based on the following criteria in Section 9298.4. B. In granting a Special Use Permit, the Development Services Director or designee may impose conditions on the permit which are reasonable to ensure that the proposed Special Use will comply with the applicable review criteria of this Title and any other applicable provisions of this Chapter. Noncompliance with any condition of a Special Use Permit shall constitute a violation of the municipal code. Such conditions may include, but not be limited to: 1. Special setbacks and buffers; 2. Regulation of outdoor lighting; 3. Regulation of points of vehicular ingress and egress; 4. Regulation of noise, vibration, odors, etc.; 5. Regulation of the umber, height and size of temporary structures, equipment and/or signs; 6. Limitation on the hours and/or days of the proposed use; 7. If special sales are proposed, limitations on the location where sales may occur, the number of vendors and the scope of goods sold; and 8. If food sales are involved, obtainment of all appropriate health department permits. C. Upon approval by the Development Service Director or designee of a Special Use Permit, notice of the decision shall be given to the applicant and any interested person. 9298.9—APPEALS The applicant may appeal the Director's decision on an application for a Special Use Permit to the Planning Commission. Appeals of the Planning Commission's decision shall be made to the City Council. Said appeals shall be made in writing with the reasons for the appeal submitted to the Development Services Department within five (5) working days of the decision and shall be accompanied by an appeal fee in accordance with the applicable fee schedule adopted by resolution of the City Council. Upon receipt of an appeal, the Secretary of the Planning Commission shall fix a time and place for a hearing thereon to be held not less than ten (10) calendar days nor more than thirty (30) calendar days thereafter. Exhibit A: TA 11-04—Special Use Permit October 4, 2011 Page 4 9269.5. OFF-STREET PARKING REQUIREMENTS The attached text amendments show the existing text to remain in normal type, and the new language appears in "red"with strikeouts on the omitted language. No less than the following number of off-street parking spaces shall be provided and maintained for each of the following uses, except for those temporary reductions permitted by the Business License office for parking lot sales and for promotional entertainment events. When the number of required parking spaces results in a fraction of one-half or higher, the requirements shall be rounded up to the next whole number. Use Parking Spaces Required Bars and Cocktail Lounges 15 spaces per 1,000 sq. ft. of gross floor area Offices, Medical/Dental and Clinics 6 spaces per 1,000 sq. ft. of gross floor area Offices, Medical/Dental and Clinics (more 5 spaces per 1,000 sq. ft. of gross floor area than 10,000 square feet of gross floor area). Restaurant (of not more than 1,500 5 spaces per 1,000 square feet of gross floor square feet of gross floor area and/or area. with up to 12 seats). 10 spaces per 1,000 sq. ft. of gross floor area Restaurants/Ban more than 1,500 square feet and/or with more than 12 seats/ NOTES: 1. A 25%reduction will be applied to the off-street parking requirement for any commercial use that is located within 1,320 feet (1/4 mile) of a light rail station. 2. Land uses not specifically listed in the above chart shall provide parking as noted in "Other Permitted Uses" unless otherwise set forth in other sections of the Arcadia Municipal Code. 3. For buildings which exceed three (3) stories in height, the required parking shall be in accordance with AMC Section 9276.2.11.1 4. Eligible projects within the CBD Zone may choose to provide required parking by using the Alternative Shared-Use Parking Standards (Table 9264.2.4) or to provide parking for the project's exclusive use under the standards established in this Division.' 'This is an existing code section that has been added to the"Notes"to provide clarity. Exhibit A:TA 11-04—Off-Street Parking October 4, 2011 Page 1 S-2 PUBLIC PURPOSE ZONE TITLE 1. - USES PERMITTED 9274.1. - USES PERMITTED. No building or land shall be used and no building shall be hereafter erected, constructed or established, except for the uses specified in the following subsections. 9274.1.1. - SAME. Hospitals, non-profit or for profit. (Added by Ord. 2244 adopted by 7-1-08) 9274.1.2. - SAME. Publicly owned and operated establishments or enterprises specified in the following subsections. 9274.1.3. - SAME. Public parks. 9274.1.4. - SAME. Public playgrounds. 9274.1.5. - SAME. Public administrative buildings. 9274.1.5.1. - SAME. Public recreation centers, public community buildings and public libraries. (Added by Ord. 2266 adopted 1-5-10) 9274.1.6. - SAME. Civic centers. 9274.1.7. -SAME. Utilities, publicly owned and operated. 9274.1.8. - SAME. Accessory buildings and uses incident to any of the uses specified in this Title. 9274.1.9. -SAME. Any similar public enterprise not here enumerated when so determined as provided in Part 1 of this Chapter. 9274.1.10. - SAME. Schools and school facilities. (Amended by Ord. 2273 adopted 12-7-10) 9274.1.11. —SAME Churches by a Conditional Use Permit. Exhibit A: TA 11-04 Public Purpose(S-2)Zone October 4,2011 PLANNING FEES ARCHITECTURAL DESIGN REVIEWS GENERAL PLAN AMENDMENT $1,670 Commercial/Industrial—New $1,225 TEXT AMENDMENT $1,700 Commercial/Industrial—Remodel/Addition $510 ZONE CHANGE $2,000 Multiple-Family—New $1,225 SUBDIVISIONS Multiple-Family—Remodel/Addition $510 Lot Line Adjustment $469 Single-Family—New $1,225 Single-Family—Remodel/Addition $510 Tentative Parcel Map $1,060 Sign $220 Tentative Tract Map for Single-Family Lots $1,430+$30 for each lot above 5 Administrative/Over-the-Counter $0 Tentative Tract Map for Condominiums $1,060 Appeal—including HOA/ARB Decision $210 Appeal $540 Extension $105 Extension $105 BANNERS Final Map $180 Banner Over-the-street(Bus.Lic.) $165 Banner on Street Pole(Engineering) $110 ENVIRONMENTAL REVIEW (CEQA) initial Study $75 Temporary Banner on a Building $15 Negative Declaration $500 CERTIFICATE OF DEMOLITION Environmental Impact Report(EIR) At Cost Certificate of Demolition(Director's review) $195 LA County Clerk Posting/Processing $75 Certificate of Demolition CA Dept.of Fish&Game Filing (referred to Planning Commission) $345 Negative Declarations(ND&MND) $2,044 (plus CEQA fees) Environmental Impact Report(EIR) $2,839.25 Env.Doc.per Cert. Reg.Prod.(CRP) $965.50 Appeal $540 OUTDOOR USE PERMITS CONDITIONAL USE PERMIT / VARIANCE / Outdoor Dining $220 R-M PERMIT $1,200 Appeal $540 Parking Lot Promotion/Sale(Bus. Lic.) $180 Amendment $840 Portable Sign $220 Extension $105 Sidewalk Display and Sale(Bus.Lic.) $180 Special Event-(Buo—L-ie,4 Use Permit $180 MODIFICATIONS Temporary Banner Regulation $105 Special Use Permit Appeal $540 Administrative $195 Special Use Permit(Referred to City Council) $540 Committee or Commission $540 DOCUMENTS Appeal $540 Covenant Preparation $315 Extension $105 General Plan Document $75 OAK TREE PERMITS General Plan Land Use Map Encroachment $195 27 x 35 map $25 11 x 17 map $2 Removal of Diseased or Hazardous Tree $0 Zoning Map Removal of Healthy Tree $540 27 x 35 map $25 Appeal $540 11 x 17 map $2 HOME OCCUPATION PERMIT Administrative $25 Hewing Appeal $185 DETERMINATION OF USE $540 Ord.2207 and Resos.6387,6388,6390,6636,6691,&6778. Printed 6/21/11 ORDINANCE NO. 2287 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING ARTICLE VI (BUSINESS, PROFESSIONS, TRADES AND OCCUPATIONS) AND ARTICLE IX (DIVISION AND USE OF LAND) OF THE ARCADIA MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Article VI, Chapter 4, Part 1, Division 5 of the Arcadia Municipal Code (Promotional Entertainment — Events Parking Lots) is hereby deleted in its entirety. SECTION 2. Article VI, Chapter 4, Part 3, Division 6 of the Arcadia Municipal Code (Christmas Tree Sales and Pumpkin Sales) is hereby deleted in its entirety. SECTION 3. Section 9281.4 of Article IX, Chapter 2, Part 8, Division 1 of the Arcadia Municipal Code is hereby deleted in its entirety. SECTION 4. Division 9 of Article VI, Chapter 4, Part 3 of the Arcadia Municipal Code is hereby amended to read in its entirety as follows: "DIVISION 9. SIDEWALK AND PARKING LOT SALES." SECTION 5. Section 6439.2 of Article VI, Chapter 4, Part 3, Division 9 of the Arcadia Municipal Code is hereby amended to read in its entirety as follows: "6439.2. CONDITIONS OF SIDEWALK AND PARKING LOT SALES. No merchant, vendor or seller shall place his goods, wares or merchandise outside of his building for the purpose of storage, advertising, display or sale except upon applying for and receiving a permit as set forth in Sections 6325.4 and 6325.6, and such sidewalk or parking lot sales shall be permitted only in accordance with the 1 regulations set forth in this Section: (1) No business shall participate in more than two (2) sidewalk or parking lot sales in any calendar year. No such sale may be conducted for more than two (2) consecutive days and shall be held not earlier than 9:00 a.m. nor later than 9:00 p.m. (2) Sidewalk and parking lot sales may only be conducted in Downtown Mixed Use (DMU) or less restrictive zones. (3) Only the goods, wares or merchandise normally of the type sold on the premises may be offered for sale and such sale may only be conducted within the extended lot lines of the premises offering such goods for sale. (4) For parking lot sales, twenty-five (25%) of the parking area may be utilized for the sales or display of merchandise. If the parking provided exceeds Code requirements, those additional spaces may be utilized. (5) Each sidewalk sale shall include the participation of a minimum of thirty percent(30%)of the businesses on a block face. (6) No merchandise or signs shall be displayed within fifty feet (50') of a residentially zoned property. (7) Tables, racks and other displays or merchandise may be placed on sidewalks provided that a walkway of a minimum width of seven feet (7') be left clear adjacent to the curb and, provided further, that all doorways, alleyways, driveways and other means of ingress or egress to adjoining buildings and property shall remain clear of obstruction. (8) Any signs shall be permitted only during the conduct of the event and shall be approved as to size and place by the Development Services Director or designee at the time of application approval." SECTION 6. Division 5 of Article IX, Chapter 2, Part 8 of the Arcadia Municipal Code is hereby deleted in its entirety and a new Division 5 is substituted therefore to read in its entirety as follows: "9285.1. PURPOSE. It is the purpose of this Chapter to: A. Recognize that a residential property owner or resident has a limited right to conduct a small business from a residence (single-family, multi-family, any mixed use 2 development, or accessory dwelling), and that a neighbor, under normal circumstances, would not be aware of its existence; and B. Maintain the residential character of residential neighborhoods. 9285.2. HOME OCCUPATIONS PROHIBITED WITHOUT PERMIT. No person shall engage in business or transact and carry on any business, trade, profession, calling or occupation on any property zoned for residential purposes without an approved and unrevoked or unsuspended home occupation permit. No permit shall be issued for a property on which there exists a violation of the law. 9285.3. PERMIT REQUIRED. The establishment of a home occupation within a residence (single-family, multi- family, mixed use, or accessory dwelling) shall be regulated by a one-time fee application and annual license fee, established by resolution of the City Council for a home occupation permit. 9285.4. PERMITTED HOME OCCUPATION USES A. Home occupations are uses that generally do not interrupt or interfere with the general nature or residential character of the residential neighborhood. The uses that meet the performance standards in Section 9285.5 are permitted home occupations. B. Any storage of flammable or hazardous materials for a home occupation is subject to review and approval of the Arcadia Fire Department. 9285.5. PERFORMANCE STANDARDS The following performance standards shall apply to all business uses of a residence and to all home occupations, and shall be complied with at all times: A. All business licenses shall be renewed by the license on annual basis. B. Home occupation uses shall be incidental to the primary use of the structure 3 as a residential use and shall not detract from the residential character of the neighborhood. No more than four hundred (400) square feet of the floor area of the dwelling unit may be used in connection with a home occupation, including any storage in connection with a home occupation. C. Only individuals permanently residing on the premises shall be employed in the home occupation. D. There shall be no exterior indication of the home occupation or variation from the residential character of any buildings. E. There shall be no exterior operations, storage, or display of materials in conjunction with a home occupation. F. There shall be no signs, banners, or flags displayed in conjunction with a home occupation. G. No home occupation activity shall produce any noxious matter, vibrations, glare, dust, electrical interference, or perceptible noise beyond the lot lines of the subject property. H. The Development Services Director or designee shall have the right at any time during normal City Hall business hours to enter and inspect the premises. 9285.6. PROCEDURE FOR OBTAINING PERMIT. A. An application for a home occupation permit shall be submitted to the Development Services Department on the appropriate application form. B. The Development Services Director or designee shall review the application to determine if the use and home occupation are authorized in the zone in which they are proposed, and if the proposed use and home occupation meet the requirements of this Division. 4 C. If the application is for an authorized home occupation and use, and meets the requirements of this Division, the Development Services Director or designee shall approve the application and a home occupation permit will be issued. D. If the use or home occupation is not authorized, or the application and/or proposed use does not meet the requirements of this Division, the Development Services Director or designee shall deny the application. The decision of the Development Services Director or designee may be appealed to the Planning Commission in accordance with Section 9285.7. E. Unless suspended or revoked by the City, approval of the home occupation permit is for the lifetime of the home occupation. Renewal of a business license as required by the City shall be the only necessary renewal action of the permit- holder to continue the home occupation. 9285.7. APPEALS Appeals by an applicant must be filed in writing and delivered to Planning Services within five (5) working days of the Director or designee's decision. Before accepting an appeal, the City shall charge and collect a fee which shall be paid in an amount established by resolution of the City Council. Upon receipt in proper form of an appeal of the Director's or designee's decision, the Secretary of the Planning Commission shall fix a time and place for a public hearing thereon to be held not less than ten (10) calendar days nor more than forty (40) calendar days thereafter. Appeals from the Planning Commission decision shall be made to the City Council. The decision of the City Council shall be final. Said appeal shall be made in writing and delivered to the City Clerk within five (5) working days after the Planning 5 Commission's decision. The decision of the Planning Commission may be appealed to the City Council, in accordance with Arcadia Municipal Code Section 9522. 9285.8. SUSPENSION/REVOCATION OF PERMIT. A. Upon a showing of probable cause by the City Code Services staff of a violation of this Chapter or any conditions of approval by a home occupation permit- holder, the Development Services Director or designee may suspend or revoke the home occupation permit pending a hearing before the Planning Commission. The Director or designee shall cause notice of the suspension or revocation order to be served on the permit-holder by regular first-class U.S. mail. B. Whenever the Director or designee has suspended or revoked a home occupation permit, the Director or designee shall cause a noticed hearing to be held by the Planning Commission within forty-five (45) days of the notice to consider the suspension or revocation of the home occupation permit. C. At the conclusion of the hearing, the Planning Commission may sustain the Director's or designee's decision to suspend or revoke the home occupation permit, or overturn the decision and order reinstatement of the permit. Before accepting an appeal, the City shall charge and collect a fee which shall be paid in an ,amount established by resolution of the City Council. The decision of the Planning Commission may be appealed to the City Council in accordance with Arcadia Municipal Code Section 9522. 9285.9. PENALTIES It is unlawful and an infraction for any person, firm, or corporation to violate, disobey, omit, neglect, refuse to comply with, or resist the enforcement of any provision 6 of this Chapter. Any such violation is a misdemeanor or infraction punishable pursuant to Sections 1200 and 1201 of the Arcadia Municipal Code." SECTION 7. The title of Article IX, Chapter 2, Part 9 of the Arcadia Municipal Code is hereby amended to read in its entirety as follows: "PART 9. VARIANCES, MODIFICATIONS, AMENDMENTS, ZONE CHANGES, ANNEXATIONS, ARCHITECTURAL DESIGN REVIEW AND SPECIAL USE PERMIT" SECTION 8. A new Division 8 is hereby added to Article IX, Chapter 2 of the Arcadia Municipal Code to read in its entirety as follows: "DIVISION 8. SPECIAL USE PERMIT 9298. PURPOSE This Division establishes procedures for issuing a Special Use Permit to allow short-term activities that may not meet the development or use standards of the applicable zoning district, but may be acceptable because of their temporary nature. 9298.1. APPLICABILITY Special events shall not be established, operated, or conducted in any manner without issuance and maintenance of a valid Special Use Permit in compliance with this Division. Uses that do not fall within the categories defined below shall comply with the use and development regulations of the applicable zoning district. 9298.2. USES AND EVENTS PERMITTED WITH A SPECIAL USE PERMIT. EVENT PERMIT PERMIT FREQUENCY DURATION Special Events — Temporary uses of land involving temporary structures such as barricades, fences, booths, tents or the Maximum 4 times Maximum 12 7 parking of trailers, for such activities as per days for such carnivals, circuses, fairs, festivals, non-profit calendar year, at use in any one fund raising, concerts, farmers' markets, food any one site. calendar year. events, outdoor entertainment, or arts and crafts exhibits. Christmas Tree and Halloween Pumpkin Maximum 2 times Maximum 45 • Sales - Temporary outdoor sales of per days for such Christmas trees and pumpkins may only be calendar year. use. located on non-residentially zoned property. EXCEPTION: The Development Services Director may deem other events or uses as appropriate temporary uses subject to a Special Use Permit. 9298.3. REGULATIONS FOR CHRISTMAS TREE AND PUMPKIN SALES 1. Secure an electrical permit for a temporary power pole if such temporary power is to be used, 2. All overhead lighting shall be placed on poles installed at least thirty (30) inches into the ground. Prior to installation an electrical permit shall be obtained from the City for all power poles and lighting equipment and the type and installation of all lighting equipment shall be approved by the Building Official. The power source for all lighting on property already served by electricity shall be approved by the Building Official. 3. Unless permanent toilet facilities for each sex are available for public use on the lot, two (2) chemical toilets shall be maintained thereon for public use at all times during which the Christmas trees or pumpkins are being offered for sale, one to be marked "Men" and one to be marked "Women". 4. No open fires shall be allowed on any lot and compliance with all local fire regulations shall be required. 5. The Fire Chief or his designee shall approve the size, location and placement of all tents and canopies used for storage and sales of Christmas trees. 6. All installations for the spraying of Christmas trees and the method of spraying 8 shall be approved by the Fire Department. 9. A cash bond of one hundred and no/100 dollars ($100.00) shall be filed with Building Services at the time of issuance of the certificate of occupancy to insure compliance with the foregoing conditions and all debris, tree pruning, stumps, straw, and garage shall be removed from the site leaving no evidence of seasonal outdoor sales. Refund of the cash bond shall be made only if all requirements have been met to the satisfaction of the Building Official. The cash bond specified may be waived by the Building Official if in his opinion such bond will not be necessary to insure compliance with the provisions of this Division because of special circumstances applicable to the applicant and its proposed location of sales. 10. A separate license and a separate certificate of occupancy shall be required for each location. 11. Outdoor Storage for Christmas trees - Pre-existing retail businesses engaging in Christmas tree sales on their property may store such trees outside of their building between December 1 and December 25 of each year. Such trees may only be stored on: a) Private pedestrian walkways adjacent to such business in such a manner as to provide reasonable pedestrian passageway along the length of such walkway; or b) The parking lot area of such business, provided that not more than ten percent (10%) of the total required parking spaces shall be used and that there shall be no interference with the normal flow of traffic in the parking lot. 12. Outdoor Storage for Pumpkin sales - Pre-existing retail businesses engaged in pumpkin sales on their property may store such pumpkins outside of their building 9 between October 5 and October 31 of each year. Such pumpkins may only be stored on: a) Private pedestrian walkways adjacent to such business in such a manner as to provide reasonable pedestrian passageway along the length of such walkway; or b) The parking lot area of such business, provided that not more than ten percent (10%) of the total required parking spaces shall be used and that there shall be no interference with the normal flow of traffic in the parking lot. 9298.4. CRITERIA FOR A SPECIAL EVENT. The Development Services Director or designee shall review the special use permit, based on the following criteria: 1. The site for the intended use is adequate in size and shape to accommodate said use or event. 2. The location for the proposed use or event would not adversely interfere with existing uses on the subject property; and would not impede or adversely impact pedestrian access ways and/or vehicular circulation patterns. 3. The proposed use would not result in a significant adverse impact on adjacent property. 4. That by requiring certain safeguards as conditions of approval, the proposed use would not be detrimental to the public health, safety and welfare. 9298.5. DISTANCE TO RESIDENTIAL PROPERTY. PERMIT REQUIREMENTS No equipment or apparatus related thereto shall be placed or maintained within one hundred feet(100') of any residential uses. 9298.6. SIGNS 10 A. Temporary window signs. Any additional window signs shall be permitted only during the event and shall be approved as to size and placement at the time of application approval. B. The location of all signs shall comply with the driveway visibility standards. C. Small directional signs may be permitted. D. No signs shall be installed prior to issuance of a Special Use Permit. E. All signs are subject to the approval of the Development Services Director or designee. 9298.7. APPLICATION Application for a Special Use Permit should be submitted at least four (4) weeks prior to the date(s) proposed for such use or event on forms provided by the City and shall include such plans as may reasonably be required by the Development Services Director or designee for a complete understanding of the proposal, and a filing fee shall be paid as established by resolution of the City Council. 9298.8. ACTION A. Within twenty-one days after the Development Services Director deems completion of the application for a Special Use Permit, the Development Services Director or designee shall grant, deny, or conditionally grant the Special Use Permit, based on the criteria in Section 9298.4. B. In granting a Special Use Permit, the Development Services Director or designee may impose conditions on the permit which are reasonable to ensure that the proposed Special Use will comply with the applicable review criteria of this Title and any other applicable provisions of this Chapter. Noncompliance with any condition of a 11 Special Use Permit shall constitute a violation of the municipal code. Such conditions may include, but are not limited to: 1. Setbacks and buffers; 2. Regulation of outdoor lighting; 3. Regulation of points of vehicular ingress and egress; 4. Regulation of noise, vibration, odors, etc.; 5. Regulation of the number, height and size of temporary structures, equipment and/or signs; 6. Limitation on the hours and/or days of the proposed use; 7. If special sales are proposed, limitations on the location where sales may occur, the number of vendors, and the scope of goods to be sold; and, 8. If food sales are involved, obtainment of all appropriate health department permits. C. Upon approval by the Development Service Director or designee of a Special Use Permit, notice of the decision shall be given to the applicant and any interested person. 9298:9. APPEALS The applicant may appeal the Director's decision on an application for a Special Use Permit to the Planning Commission. Appeals of the Planning Commission's decision shall be made to the City Council. Said appeals shall be made in writing with the reason(s) for the appeal to the Development Services Department within five (5) working days of the decision and shall be accompanied by an appeal fee in accordance with the applicable fee schedule adopted by resolution of the City Council. Upon receipt of an appeal, the Secretary of the Planning Commission shall fix a time and place for a hearing thereon to be held not less than ten (10) calendar days nor more than thirty (30) calendar days thereafter." SECTION 9. Section 9269.5 of Article IX, Chapter 2, Part 6, Division 9 of the Arcadia Municipal Code is hereby amended to read in its entirety as follows: 12 "9269.5. OFF-STREET PARKING. No less than the following number of off- street parking spaces shall be provided and maintained for each of the following uses, except for those temporary reductions permitted by the Business License office for parking lot sales and for promotional entertainment events. When the number of required parking spaces results in a fraction of one-half or higher, the requirements shall be rounded up to the next whole number. Use Parking Spaces Required Architects/Engineers 4 spaces per 1,000 sq. ft. of gross floor area Bars and Cocktail Lounges 15 spaces per 1,000 sq. ft. of gross floor area Day Care and/or preschool facilities 1 space per staff+ 1 per 5 children or 1 per 10 children if adequate drop off area provided Downtown Mixed Use - Mixed-Use Residential 1.5 spaces per unit and 1 guest space for every 2 units. - Combined Uses Commercial uses are based upon this table. A 25% reduction will be applied to the project for all commercial uses due to the proximity to the light rail station. Emergency Shelters 2 spaces per 1,000 square feet of gross floor area. Financial Institutions including but not 4 spaces per 1,000 sq. ft. of gross floor limited to banks, savings and loans, area. and credit unions Health Clubs, Fitness Centers, Indoor Athletic Facilities and Exercise, 1 space per 100 sq. ft. of gross floor area Dance/Gymnasium Studios up to in all workout areas. Health Clubs, 3,000 sq. ft. of gross floor area: Health Clubs, Fitness Centers, Indoor Required parking spaces to be Athletic Facilities and Exercise, determined through an approved Dance/Gymnasium Studios Greater Conditional Use Permit. than 3,000 square feet of gross floor area: 13 Hotels/Motels 1 space per room plus the number of spaces required for ancillary uses such as restaurants, large meeting rooms, etc. Industrial, Manufacturing 3 spaces per 1,000 sq. ft. of gross floor area for projects up to 10,000 sq. ft. in area. 2 spaces per 1,000 sq. ft. of gross floor area for projects over 10,000 sq. ft. In area. Martial Arts Studios 1 space per 100 sq. ft. of instructional floor area Mixed Use - Mixed-Use Residential 1.5 spaces per unit and 1 guest space for every 2 units. - Combined Uses Commercial uses are based upon this table. A 25% reduction will be applied to the project for all commercial uses if the parking area is located within 1,320 feet (1/4 mile) of a light rail station. Offices, General 4 spaces per 1,000 sq. ft. of gross floor area. Offices, Medical/Dental 6 spaces per 1,000 sq. ft. of gross floor area Offices, Medical/Dental (more than 5 spaces per 1,000 sq. ft. of gross floor 10,000 square feet of gross floor area). area Optometrists and Opticians 5 spaces per 1,000 sq. ft. of gross floor area Public/Private Assembly buildings, 1 space per 5 permanent fixed seats; 1 churches, recreation community space per 35 sq. ft. of area w/non-fixed buildings, private clubs seating; 1 space per 28 linear feet of bench area Psychologists, Psychiatrist and 4 spaces per 1,000 sq. ft. of gross floor Counseling offices area Residential (Multiple-Family) 2 spaces per unit and 1 guest space per R-2, R-3 and R-3-R every 2 units. 14 Restaurant of not more than 1,500 5 spaces per 1,000 square feet of gross square feet of gross floor area and/or floor area with up to 12 seats). Restaurant more than 1,500 square 10 spaces per 1,000 sq. ft. of gross floor feet and/or with more than 12 seats. area Regional Shopping Centers 4.75 per 1,000 sq. ft. of gross leasable area Senior Citizen affordable apartment 1 space per unit housing Senior Citizen assisted living facility 1.5 spaces per unit Senior Citizen Market rate housing 2 spaces per unit units Movie theater, performing arts center 1 space per 3 fixed seats Tutorial schools; learning centers; Facilities for students under high school Trade schools, Private schools age: 1 space per employee plus 1 space for every 5 students. Trade Schools/Private schools, Learning centers for students of high school age or older: 1 space per employee plus 1 space for every 3 students. Warehouses 2 spaces per 1,000 sq. ft. of gross floor area. Other Permitted Uses, including but 5 spaces per 1,000 sq. ft. of gross floor not limited to retail, service uses, nail area. and beauty salons, spas, adult entertainment NOTES: 1. A 25% reduction will be applied to the off-street parking requirement for any commercial use that is located within 1,320 feet (1/4 mile) of a light rail station. 2. Land uses not specifically listed in the above chart shall provide parking as noted in "Other Permitted Uses" unless otherwise set forth in other sections of the Arcadia Municipal Code. 3. For buildings which exceed three (3) stories in height, the required parking shall be in accordance with AMC Section 9276.2.11. 4. Eligible projects within the CBD Zone may choose to provide required parking by using the Alternative Shared-Use Parking Standards (Table 9264.2.4) otherwise they are to provide parking for the project's exclusive use under the standards established in this Division." 15 SECTION 10. Section 9220.7.1 is hereby added to Article IX, Chapter 2, Part 2 of the Arcadia Municipal Code to read in its entirety as follows: "9220.7.1. BARS AND COCKTAIL LOUNGES. A bar or cocktail lounge is an establishment which serves alcoholic beverages for on-site consumption as the primary use, including bars, cocktail lounges, pubs, taverns, and similar establishments where any food service is subordinate to the sale of alcoholic beverages, and which may offer entertainment such as music and dancing as a secondary activity, subject to a CUP, and which may also include beer brewing as part of a microbrewery, and other beverage tasting facilities." SECTION 11. Section 9220.23.1 of Article IX, Chapter 2, Part 2 of the Arcadia Municipal Code is hereby deleted in its entirety. SECTION 12. Section 9220.51.1 of Article IX, Chapter 2, Part 2 of the Arcadia Municipal Code is hereby amended to read in its entirety as follows: "9220.51.1. RESTAURANTS A restaurant is an eating establishment where food and drink are prepared on the premises and customarily ordered by patrons, regardless of the manner in which the food and drink are served or whether the food and drink are consumed on or off the premises, and which may provide indoor and/or outdoor seating. This includes take-out and fast-food services, and incidental delivery service. A restaurant that has a bar area exceeding 30 percent of the serving area shall be classified as a bar or cocktail lounge." SECTION 13. Section 9274.1.11 is hereby added to Article IX, Chapter 2, Part 7, Division 4, Title 1 of the Arcadia Municipal Code to read in its entirety as follows: "9274.1.11. SAME. Churches by a Conditional Use Permit." 16 SECTION 14. Section 9275.1.43 of Article IX, Chapter 2, Part 7, Division 5 of the Arcadia Municipal Code is hereby amended in its entirety to read as follows: • "9275.1.43. CHURCHES. R-0, R-1, R-2, R-3, C-O, and S-2 Zones." SECTION 15. Section 9275.1.45 of Article IX, Chapter 2, Part 7, Division 5 of the Arcadia Municipal Code is hereby amended to read in its entirety as follows: "9275.1.45. DRIVE-IN BUSINESSES, INCLUDING BUT NOT LIMITED TO RESTAURANTS, BANKS, LIQUOR STORES, CLOTHING AND CLEANING ESTABLISHMENTS AND DAIRY PRODUCT STORES. C-2 or any less restrictive commercial or industrial zone." SECTION 16. Section 9275.1.45.1 of Article IX, Chapter 2, Part 7, Division 5 of the Arcadia Municipal Code is hereby deleted in its entirety. SECTION 17. Section 9275.1.45.3 is hereby added to Article IX, Chapter 2, Part 7, Division 5 of the Arcadia Municipal Code to read in its entirety as follows: "9275.1.45.3. ENTERTAINMENT A restaurant, bar/cocktail lounge, or club that provides live entertainment such as dancing, music, or similar activities to patrons in any zone shall be subject to a Conditional Use Permit." SECTION 18. Section 9275.1.53.5 of Article IX, Chapter 2, Part 7, Division 5 of the Arcadia Municipal Code is hereby amended to read in its entirety as follows: "9275.1.53.5. RESTAURANTS. 17 A restaurant that exceeds 1,500 square feet of gross floor area, and/or provides more than 12 seats, and with alcoholic beverage sales in any zone shall be subject to a Conditional Use Permit. EXCEPTION: A restaurant that exceeds 1,500 square feet of gross floor area with no sales of alcoholic beverage is allowed by right in the DMU and MU zones." SECTION 19. The City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of same to be published at least once in the official newspaper of said City within fifteen (15) days after its adoption. This Ordinance shall take effect on the thirty-first (318t)day after its adoption. Passed, approved and adopted this day of , 2011. Mayor of City of Arcadia ATTEST: City Clerk APPROVED AS TO FORM: 4F41-1 P 144.:44 Stephen P. Deitsch City Attorney 18 RESOLUTION NO. 6796 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ESTABLISHING DEVELOPMENT SERVICES DEPARTMENT FEES FOR SPECIAL USE PERMIT. THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. Based on the cost allocation study performed by Development Services Department, the fees set forth in this Resolution are necessary for the purposes set forth in this Resolution. Said fees do not exceed the estimated costs for providing the applicable service or programs; the fees set forth in this Resolution bear a reasonable relationship to the cost of the respective service or program involved; the fees bear a fair and reasonable relationship to the benefit the payer obtains or the 'burden caused to the City in providing the service or programs; and the fees are not being imposed for general revenue purposes, but instead for full or partial recovery of the costs of providing said services and programs. Said fees are to cover the costs of various services and programs set forth in the Fee Schedule, attached hereto as Exhibit SECTION 2. The City Council hereby adopts the Fee Schedule, attached hereto as Exhibit "A". SECTION 3. Any fees adopted prior to this Resolution which are inconsistent herewith are hereby repealed effective upon the date the fees set forth in the attached Exhibit "A" take effect. SECTION 4. The City Clerk shall certify the adoption of this Resolution. 1 6796 Passed, approved and adopted this 4th day of October, 2011. Mayor of City of Arcadia ATTEST: City Clerk PPROVED AS TO FORM: P 46ria Stephen P. Deitsch City Attorney 2 6796 Z a)-O a Q E . v o � o ..t P. Cl) i co $ c n z Z o cu O e' oc -o P a) Q.mc °' 8 o c o c� "' ° a e-o V N � ooc CD I- N W 4- ._ Q..c ca N a-a 0) Q- Q s Q. c Q r I— aQ a C Q. 0 N W -.I 0 0 I-Z O w (V En W I- w I- V) 0 Q LU W W Z Q co 0 Ili W LU T- a L- z Et m w z 2 _ W Q ww v c W 0 0 aw U O U. v a w z 0) w W 0 0 I- rew W C) a 0 -J W 0 > 'U 0 cn 3 a a) a) U) w q)o '' € ' € w v a a •> a S a) o c> > o = o U _c z, — a " TS c U a c n eo n Q CI. U) File Nos.: TA 11-04• 6 _` CITY OF ARCADIA .- 0 240 WEST HUNTINGTON DRIVE ARCADIA, CA 91007 ENVIRONMENTAL CHECKLIST FORM 1. Project Title: Text Amendment No. TA 11-04 2. Lead Agency Name and Address: City of Arcadia Development Services Department 240 West Huntington Drive—Post Office Box 60021 Arcadia, CA 91066-6021 3. Contact Person and Phone Number: Name: Lisa Flores, Senior Planner Phone: (626) 574-5445/Fax— (626) 447-9173 Email: Ifiores@cLarcadia.ca.us 4. Project Location: Citywide 5. Project Sponsor's Name and Address: City of Arcadia Development Services Department 240 West Huntington Drive—Post Office Box 60021 Arcadia, CA 91066-6021 6. General Plan Designation: N/A 7. Zoning Classification: N/A 8. Description of Project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off-site features necessary for its implementation. Attach additional sheet(s) if necessary.) The Following text amendments to the Arcadia Municipal Code, Article VI, Business, Professions, Trades and Occupations and Article IX, Division and Use of Land: 1. Amending and adding new definitions in Part 9220 of the zoning regulations. 2. Amending the Off-Street Parking Requirements in Division 9269.1 et seq. 3. Amending and adding to the list of Conditional Uses in Division 9275.1 et seq. 4. Amending the Home Occupation regulations in Division 9285.1 et seq. 5. Adding to the uses permitted in the Public Purpose (S-2) Zone in Division 9274.1 et seq. CEQA Checklist -1- 4-03 File Nos.: TA 11-04 6. Amending the General Provision regulations in Division 9281.1 et seq. 7. Amending the Sidewalk and Parking Lot Sales regulations in Division 6439.2 et seq. 8. Amending the Schedule of Fees in Part 6220 of the business licensing regulations. 9. Amending and adjusting various Development Services Department fees. 10.Adding new Special Use Permit Requirements and Regulations to a new Division 9298. 11. Repealing in its entirety the Promotional Entertainment Events — Parking Lots provisions in Division 6415. New regulations are proposed to be established in the new Special Use Permit Requirements and Regulations. 12. Repealing in its entirety the Christmas Tree Sales and Pumpkin Sales regulations in Division 6436. These regulations are proposed to be included in the new Special Use Permit Requirements and Regulations. 9. Surrounding Land Uses and Setting: (Briefly describe the project's surroundings.) N/A 10. Other public agencies whose approval is required: (e.g., permits,financing approval, or participation agreement) None ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. [ ] Aesthetics [ ] Agriculture Resources [ ] Air Quality [ ] Biological Resources [ ] Cultural Resources [ ] Geology/Soils [ ] Hazards& Hazardous Materials [ ] Hydrology/Water Quality [ ] Land Use/Planning [ ] Mineral Resources [ ] Noise [ ] Population/ Housing [ ] Public Services [ ] Recreation [ ] Transportation/Traffic [ ] Utilities/Service Systems [ ] Mandatory Findings of Significance DETERMINATION (To be completed by the Lead Agency) On the basis of this initial evaluation: [X] I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. [ ] I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. [ ] I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. CEQA Checklist -2- 4-03 File Nos.: TA 11-04 [ ] I find that the proposed project MAY have a "potentially significant" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. [ ] I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Signature Date Thomas Li, Associate Planner For: Lisa Flores, Senior Planner Printed Name&Title EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A"No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A"No Impact"answer should be explained where it is based on project-specific factors as well as general standards (e.g. the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2) All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact"entries when the determination is made,an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact"to a "Less than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses,"may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analyses Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. CEQA Checklist -3- 4-03 File Nos.: TA 11-04 C) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources. A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 9) The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significant. CEQA Checklist -4- 4-03 File Nos.: TA 11-04 Less Than Potentially Significant With Less Than Significant Mitigation Significant No Impact Incorporation Impact Impact 1. AESTHETICS—Would the project: a) Have a substantial adverse effect on a scenic vista? ❑ ❑ ❑ The proposal is a text amendment to various zoning codes that is consistent with the City's General Plan and would not have the above impact. b) Substantially damage scenic resources, including, but not limited ❑ ❑ ❑ to, trees, rock outcroppings, and historic buildings within a state scenic highway? There are no designated scenic highways within the City of Arcadia. The nearest designated state scenic highway is the Angeles Crest Highway approximately 15 miles away. Therefore, there will be no impacts to state scenic highways or scenic roadway corridors. c) Substantially degrade the existing visual character or quality of ❑ ❑ ❑ the site and its surroundings? The proposal is a text amendment to various zoning codes that is consistent with the City's General Plan and would not have the above impacts. d) Create a new source of substantial light or glare which would 0 ❑ ❑ adversely affect day or nighttime views in the area? The proposal is a text amendment to various zoning codes that is consistent with the City's General Plan and would not have the above impacts. 2. AGRICULTURE AND FOREST RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state's inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest protocols adopted by the California Air Resources Board. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of ❑ ❑ ❑ Statewide Importance (Farmland) to non-agricultural use? (The Farmland Mapping and Monitoring Program in the California Resources Agency to non-agricultural use? There is no farmland in the City of Arcadia. Therefore, the project would not convert farmland to non-agricultural use. b) Conflict with existing zoning for agricultural use, or a Williamson ❑ ❑ ❑ Act contract? CEQA Checklist -5- 4-03 File Nos.: TA 11-04 Less Than Potentially Significant With Less Than Significant Mitigation Significant No Impact Incorporation Impact Impact There is no agricultural use zoning or a Williamson Act contract in the City of Arcadia. Therefore, the proposed project would not have the above impacts. c) Conflict with existing zoning for, or cause rezoning of, forest land ❑ ❑ ❑ (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? d) Result in the loss of forest land or conversion of forest land to ❑ ❑ ❑ El non-forest use? e) Involve other changes in the existing environment which, due to ❑ ❑ ❑ El their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use? There is no farmland in the City of Arcadia, and the project will not convert farmland to non-agricultural use. 3. AIR QUALITY - Where available, the significance criteria ❑ ❑ ❑ 0 established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations.Would the project: a) Conflict with or obstruct implementation of the applicable air ❑ ❑ ❑ El quality plan? The City of Arcadia is located within the South Coast Air Basin (SCAB), which includes Los Angeles and Orange Counties, and portions of Riverside and San Bernardino Counties. The air quality in the SCAB is managed by the South Coast Air Quality Management District (SCAQMD), which funded the development of the West San Gabriel Valley Air Quality Plan. In 1993, the City of Arcadia adopted Resolution 5725, accepting the principles of the plan and agreeing to use the plan in the development of a local air quality program. Such a program is promoted through different approaches as outlined in the City's General Plan under Public Information and Community Involvement, Regional Coordination, Transportation Improvements and Systems Management, Transportation Demand Management, Land Use, Particulate Emissions Reduction, Energy Conservation, and Waste Recycling. b) Violate any air quality standard or contribute substantially to an ❑ ❑ ❑ existing or projected air quality violation? The South Coast Air Basin (SCAB) continued the trend of long-term improvement in air quality; however, air quality measurements within this region exceed both the State and Federal air quality standards on a regular basis. In Arcadia, local air quality problems are largely the result of pollutants upwind of the city. The proposal is a text amendment to various zoning codes that is consistent with the City's General Plan, and would not violate any air quality standard or contribute to an existing or projected air quality violation. c) Result in a cumulatively considerable net increase of any criteria ❑ ❑ ❑ El pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? CEQA Checklist -6- 4-03 File Nos.: TA 11-04 Less Than Potentially Significant With Less Than Significant . Mitigation Significant No Impact Incorporation Impact Impact The South Coast Air Basin (SCAB) is a non-attainment area for Ozone (O3), Fine Particulate Matter(PM2.5), Respirable Particulate Matter (PM1a), and Carbon Monoxide (CO), and is in a maintenance area for Nitrogen Dioxide (NO2). The project will not result in a cumulatively considerable net increase of any criteria pollutant as the project will not increase the intensity of the existing and approved uses. d) Expose sensitive receptors to substantial pollutant ❑ ❑ ❑ concentrations? The proposal is a text amendment to various zoning codes that is consistent with the City's General Plan and would not have the above impact. e) Create objectionable odors affecting a substantial number of ❑ ❑ ❑ people? The proposal is a text amendment to various zoning codes that is consistent with the City's General Plan and would not have the above impact. 4. BIOLOGICAL RESOURCES-Would the project: a) Have a substantial adverse impact, either directly or through ❑ ❑ ❑ habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? In Arcadia, biological sensitive areas occur along existing creeks, upper watershed areas, existing flood control and infiltration facilities, and in natural hillside areas within the northerly portion of the city. These areas have generally been preserved as open space for public safety purposes or as wildlife habitat areas. The proposal is a text amendment to various zoning codes that is consistent with the City's General Plan and would not have the above impacts. b) Have a substantial adverse impact on any riparian habitat or ❑ ❑ ❑ other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? There are no designated riparian habitats or other sensitive natural communities within the City of Arcadia. The proposal is a text amendment to various zoning codes that is consistent with the City's General Plan and would not have the above impacts. c) Have a substantial adverse effect on federally protected wetlands ❑ ❑ ❑ as defined by Section 404 of the Clean Water Act (including but not limited to, marsh, vernal pool, coastal, etc.) through direct removal,filling, hydrological interruption or other means? There are no federally protected wetlands within the City of Arcadia. The proposal is a text amendment to various zoning codes that is consistent with the City's General Plan and would not have the above impacts. d) Interfere substantially with the movement of any native resident ❑ ❑ ❑ or migratory fish or wildlife species or with established resident or migratory wildlife corridors, or impede the use of wildlife nursery sites? CEQA Checklist -7- 4-03 File Nos.: TA 11-04 Less Than Potentially Significant With Less Than Significant Mitigation Significant No Impact Incorporation Impact Impact There are no known native resident or migratory fish or wildlife species within the City of Arcadia. The proposal is a text amendment to various zoning codes that is consistent with the City's General Plan and would not have the above impacts. e) Conflict with any local policies or ordinances protecting biological ❑ p ❑ El resources, such as a tree preservation policy or ordinance? The City of Arcadia has an ordinance to protect oak trees within the city. The project will not conflict with that ordinance as it does not interfere with the enforcement of the ordinance. Therefore, the project will not have the above impacts. f) Conflict with the provisions of an adopted Habitat Conservation ❑ ❑ ❑ El Plan, Natural Conservation Community Plan, or other approved local, regional or state habitat conservation plan? There are no adopted Habitat Conservation Plans, Natural Conservation Community Plans, or other approved habitat conservation plan within the City of Arcadia. Therefore, the project will not have the above impacts. 5. CULTURAL RESOURCES-Would the project: a) Cause a substantial adverse change in the significance of a ❑ ❑ ❑ historical resource as defined in § 15064.5? There are no known historical resources on or adjacent to the site. If previously unknown cultural resources are discovered during construction on the subject property, all work in the area would cease, and a qualified historian, archaeologist or paleontologist shall be retained by the development sponsor to assess the significance of the find, make recommendations, and prepare appropriate field documentation. b) Cause a substantial adverse change in the significance of an ❑ ❑ ❑ El archaeological resource pursuant to§ 15064.5? The City is fully-developed and is not known to contain any archaeological resources. The proposal is a text amendment to various zoning codes that is consistent with the City's General Plan and would not have the above impacts. c) Directly or indirectly destroy a unique paleontological resource or ❑ ❑ ❑ El site or unique geologic feature? The City fully-developed and is not known to contain any paleontological or unique geological resources. Should any construction activity encounter any such unrecorded paleontological resources, all work in the area would cease and a qualified paleontologist or geologist shall be retained by the development sponsor to assess the significance of the find, make recommendations, and prepare appropriate field documentation. d) Disturb any human remains, including those interred outside of ❑ ❑ ❑ IEI formal cemeteries? The proposal is a text amendment to various zoning codes that is consistent with the City's General Plan and would not have direct physical changes that would disturb any human remains. 6. GEOLOGY AND SOILS-Would the project: a) Expose people or structures to potential substantial adverse ❑ ❑ ❑ effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the ❑ ❑ ❑ El most recent Alquist-Priolo Earthquake Fault Zoning Map CEQA Checklist -8- 4-03 File Nos.: TA 11-04 Less Than Potentially Significant With Less Than Significant Mitigation Significant No Impact Incorporation Impact impact issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? ❑ ❑ ❑ iii) Seismic-related ground failure, including liquefaction? ❑ ❑ ❑ iv) Landslides? ❑ ❑ ❑ The City of Arcadia contains two local fault zones:the Raymond Hill Fault and the Sierra Madre Fault. The extremely thick alluvial deposits which underlie the seismic study area are subject to differential settlement during any intense shaking associated with seismic events. This type of seismic hazard results in damage to property when an area settles to different degrees over a relatively short distance, and almost all properties in this region are subject to this hazard, but building design standards do significantly reduce the potential for harm. The proposal is a text amendment to various zoning codes that is consistent with the City's General Plan, and will not involve direct physical changes that would have a significant impact or expose people or structures to potential substantial adverse effects involving fault rupture, strong seismic ground shaking, ground failure, and landslides. b) Result in substantial soil erosion or the loss of topsoil? ❑ ❑ ❑ The project will not involve any activity to create unstable earth conditions. Prior to any construction, soil studies are required to evaluate the potential impacts of the construction upon the soil. c) Be located on a geologic unit or soil that is unstable, or that ❑ ❑ ❑ El would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? The proposal is a text amendment to various zoning codes that is consistent with the City's General Plan and would not have the above impacts. d) Be located on expansive soil as defined in Table 18-1-B of the ❑ ❑ ❑ Uniform Building Code (1994), creating substantial risks to life or property? The proposal is a text amendment to various zoning codes that is consistent with the City's General Plan and would not have the above impacts. e) Have soils incapable of adequately supporting the use of septic ❑ ❑ ❑ tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? The proposal is a text amendment to various zoning codes that is consistent with the City's General Plan and would not have the above impacts. 7. GREENHOUSE GAS EMISSIONS-Would the project: a) Generate greenhouse gas emissions, either directly or indirectly, ❑ ❑ ❑ that may have a significant impact on the environment? The proposal is a text amendment to various zoning codes that is consistent with the City's General Plan and would not CEQA Checklist -9- 4-03 File Nos.: TA 11-04 Less Than Potentially Significant With Less Than Significant Mitigation Significant No Impact Incorporation Impact Impact have the above impacts. b) Conflict with an applicable plan, policy or regulation adopted for ❑ ❑ El the purpose of reducing the emission of greenhouse gases? The proposal is a text amendment to various zoning codes that is consistent with the City's General Plan and would not have the above impacts. 8. HAZARDS AND HAZARDOUS MATERIALS-Would the project: a) Create a significant hazard to the public or the environment ❑ ❑ ❑ through the routine transport, use, or disposal of hazardous materials? The proposal is a text amendment to various zoning codes that is consistent with the City's General Plan and would not have the above impacts. b) Create a significant hazard to the public or the environment ❑ ❑ ❑ through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? The proposal is a text amendment to various zoning codes that is consistent with the City's General Plan and would not have the above impacts. c) Emit hazardous emissions or handle hazardous or acutely ❑ ❑ El hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? The project does not involve hazardous materials and would not emit hazardous materials, substances, or waste. d) Be located on a site which is included on a list of hazardous ❑ ❑ ❑ materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? The proposal is a text amendment to various zoning codes that is consistent with the City's General Plan and would not have the above impacts. e) For a project located within an airport land use plan or, where ❑ ❑ ❑ such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? The nearest airport to the subject site is the El Monte Airport, which is located approximately three miles away. The proposal would not contribute to any airport related safety hazards. f) For a project within the vicinity of a private airstrip, would the ❑ ❑ ❑ project result in a safety hazard for people residing or working in the project area? There are no known private airstrips in the area. The proposal is a text amendment to various zoning codes that is consistent with the City's General Plan and would not have the above impacts. CEQA Checklist -10- 4-03 File Nos.: TA 11-04 Less Than Potentially Significant With Less Than Significant Mitigation Significant No Impact Incorporation Impact Impact g) Impair implementation of or physically interfere with an adopted ❑ ❑ ❑ emergency response plan or emergency evacuation plan? The proposal is a text amendment to various zoning codes that is consistent with the City's General Plan and would not have the above impacts. h) Expose people or structures to a significant risk of loss, injury or ❑ ❑ ❑ death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? The proposal is a text amendment to various zoning codes that is consistent with the City's General Plan and would not have the above impacts. 9. HYDROLOGY AND WATER QUALITY-Would the project: a) During project construction,will it create or contribute runoff water ❑ ❑ ❑ that would violate any water quality standards or waste discharge requirements, including the terms of the City's municipal separate stormwater sewer system permit? The proposal is a text amendment to various zoning codes that is consistent with the City's General Plan and would not have the above impacts. b) After the project is completed, will it create or contribute runoff ❑ ❑ ❑ ►� water that would violate any water quality standards or waste discharge requirements, including the terms of the City's municipal separate stormwater sewer system permit? The proposal is a text amendment to various zoning codes that is consistent with the City's General Plan and would not have the above impacts. c) Provide substantial additional sources of polluted runoff from ❑ ❑ ❑ delivery areas; loading docks; other areas where materials are stored, vehicles or equipment are fueled or maintained, waste is handled, or hazardous materials are handled or delivered; other outdoor work areas; or other sources? The proposal is a text amendment to various zoning codes that is consistent with the City's General Plan and would not have the above impacts. d) Discharge stormwater so that one or more beneficial uses of ❑ ❑ ❑ receiving waters or areas that provide water quality benefit are impaired? Beneficial uses include commercial and sportfishing; shellfish harvesting; provision of freshwater, estuarine, wetland, marine, wildlife or biological habitat; water contact or non-contact recreation; municipal and domestic supply; agricultural supply; and groundwater recharge. CEQA Checklist -11- 4-03 File Nos.: TA 11-04 Less Than Potentially Significant With Less Than Significant Mitigation Significant No Impact Incorporation Impact Impact The proposal is a text amendment to various zoning codes that is consistent with the City's General Plan and would not have the above impacts. e) Discharge stormwater so that significant harm is caused to the El ❑ ❑ biological integrity of waterways or water bodies? The proposal is a text amendment to various zoning codes that is consistent with the City's General Plan and would not have the above impacts. f) Violate any water quality standards or waste discharge ❑ El ❑ IZI requirements? The proposal is a text amendment to various zoning codes that is consistent with the City's General Plan and would not have the above impacts. g) Substantially deplete groundwater supplies or interfere ❑ ❑ ❑ substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? The proposal is a text amendment to various zoning codes that is consistent with the City's General Plan and would not have the above impacts. h) Substantially alter the existing drainage pattern of the site or ❑ ❑ ❑ area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on-or off-site? The proposal is a text amendment to various zoning codes that is consistent with the City's General Plan and would not have the above impacts. i) Substantially alter the existing drainage pattern of the site or El ❑ ❑ IZ area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on-or off-site? The proposal is a text amendment to various zoning codes that is consistent with the City's General Plan and would not have the above impacts. j) Significantly increase erosion, either on or off-site? ❑ ❑ ❑ The proposal is a text amendment to various zoning codes that is consistent with the City's General Plan and would not have the above impacts. k) Create or contribute runoff water which would exceed the ❑ ❑ ❑ capacity of existing or planned storm water drainage systems? The proposal is a text amendment to various zoning codes that is consistent with the City's General Plan and would not have the above impacts. CEQA Checklist -12- 4-03 File Nos.: TA 11-04 Less Than Potentially Significant With Less Than Significant Mitigation Significant No Impact Incorporation Impact Impact I) Significantly alter the flow velocity or volume of stormwater runoff ❑ ❑ ❑ in a mariner that results in environmental harm? The proposal is a text amendment to various zoning codes that is consistent with the City's General Plan and would not have the above impacts. m) Otherwise substantially degrade water quality? ❑ ❑ ❑ The proposal is a text amendment to various zoning codes that is consistent with the City's General Plan and would not have the above impact. n) Place housing within a 100-year flood hazard area as mapped on ❑ ❑ ❑ a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? A series of flood control channels within the city convey storm water to regional facilities to the south. Due to this system, there are currently no areas within the City that are within a 100-year floodplain. The City of Arcadia was located within flood Zone X as identified by the Federal Emergency Management Agency (FEMA) map Community Number 065014. Zone X is the area determined to be outside the 500-year flood and protected by levee from 100-year flood. Under this zone, no floodplain management regulations have been required. Therefore, the project will not have the above impact. o) Place within a 100-year flood hazard area structures which would ❑ ❑ ❑ impede or redirect flood flows? As discussed above, there are currently no areas within the City that are within a 100 year floodplain. Therefore, the project will not have the above impacts. p) Expose people or structures to a significant risk of loss, injury or ❑ ❑ ❑ death involving flooding, including flooding as a result of the failure of a levee or dam? There are no levees or dams in the vicinity of the subject site. Therefore, the proposal will not expose people to a significant risk of loss, injury or death involving flooding. q) Expose people or structures to inundation by seiche, tsunami, or ❑ ❑ ❑ IZI mudflow? The City of Arcadia is not located within close proximity to any large inland bodies of water or the Pacific Ocean to be inundated by a seiche or tsunami. The City is on a relatively flat alluvial plain that is highly porous and is unlikely to generate mudflow. 10. LAND USE AND PLANNING-Would the project: a) Physically divide an established community? ❑ ❑ ❑ The proposal is a text amendment to various zoning codes that is consistent with the City's General Plan and would not have the above impact. b) Conflict with any applicable land use plan, policy, or regulation of ❑ ❑ ❑ El an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or CEQA Checklist -13- 4-03 File Nos.: TA 11-04 Less Than Potentially Significant With Less Than Significant Mitigation Significant No Impact Incorporation Impact Impact zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? The proposal is a text amendment to various zoning codes that is consistent with the City's General Plan and would not have the above impacts. c) Conflict with any applicable habitat conservation plan or natural ❑ ❑ ❑ El community conservation plan? The proposal is a text amendment to various zoning codes that is consistent with the City's General Plan and would not have the above impacts. 11. MINERAL RESOURCES -Would the project: a) Result in the loss of availability of a known mineral resource that ❑ ❑ ❑ El would be of value to the region and the residents of the state? The proposal is a text amendment to various zoning codes that is consistent with the City's General Plan and would not have the above impact. b) Result in the loss of availability of a locally-important mineral ❑ ❑ ❑ El resource recovery site delineated on a local general plan, specific plan or other land use plan? The proposal is a text amendment to various zoning codes that is consistent with the City's General Plan and would not have the above impacts. 12. NOISE-Would the project result in: a) Exposure of persons to or generation of noise levels in excess of ❑ ❑ ❑ standards established in the local general plan or noise ordinance, or applicable standards of other agencies? The proposal is a text amendment to various zoning codes that is consistent with the City's General Plan and would not have the above impacts. b) Exposure of persons to or generation of excessive groundborne ❑ ❑ p vibration or groundborne noise levels? The proposal is a text amendment to various zoning codes that is consistent with the City's General Plan and would not have the above impacts. c) A substantial permanent increase in ambient noise levels in the ❑ ❑ ❑ El project vicinity above levels existing without the project? The proposal is a text amendment to various zoning codes that is consistent with the City's General Plan and would not have the above impact. d) A substantial temporary or periodic increase in ambient noise ❑ ❑ ❑ levels in the project vicinity above levels existing without the project? CEQA Checklist -14- 4-03 File Nos.: TA 11-04 Less Than Potentially Significant With Less Than Significant Mitigation Significant No impact Incorporation Impact Impact The proposal is a text amendment to various zoning codes that is consistent with the City's General Plan and would not have the above impacts. e) For a project located within an airport land use plan or, where ❑ ❑ ❑ such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? The proposal is a text amendment to various zoning codes that is consistent with the City's General Plan and would not have the above impacts. f) For a project within the vicinity of a private airstrip, would the ❑ ❑ ❑ project expose people residing or working in the project area to excessive noise levels? The proposal is a text amendment to various zoning codes that is consistent with the City's General Plan and would not have the above impacts. 13. POPULATION AND HOUSING -Would the project: a) Induce substantial population growth in an area, either directly ❑ ❑ ❑ (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? The proposal is a text amendment to various zoning codes that is consistent with the City's General Plan and would not have the above impacts. b) Displace substantial numbers of existing housing, necessitating ❑ ❑ ❑ ►�� the construction of replacement housing elsewhere? The proposal is a text amendment to various zoning codes that is consistent with the City's General Plan and would not have the above impacts. c) Displace substantial numbers of people, necessitating the ❑ ❑ ❑ construction of replacement housing elsewhere? The proposal is a text amendment to various zoning codes that is consistent with the City's General Plan and would not have the above impact. 14. PUBLIC SERVICES—Would the project: a) Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: CEQA Checklist -15- 4-03 File Nos.: TA 11-04 Less Than Potentially Significant With Less Than Significant Mitigation Significant No Impact Incorporation Impact Impact Fire protection? El ❑ El Police protection? ❑ El El Schools? ❑ El El Parks? El ❑ El Other public facilities? El ❑ ❑ The proposal is a text amendment to various zoning codes that is consistent with the City's General Plan and would not have the above impacts. 15. RECREATION—Would the project: a) Increase the use of existing neighborhood and regional parks or El El El other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? The proposal is a text amendment to various zoning codes that is consistent with the City's General Plan and would not have the above impacts. b) Does the project include recreational facilities or require the El El El construction or expansion of recreational facilities which have an adverse physical effect on the environment? The proposal is a text amendment to various zoning codes that is consistent with the City's General Plan and would not have the above impacts. 16. TRANSPORTATION/TRAFFIC- Would the project: a) Conflict with an applicable plan, ordinance or policy establishing El El El measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? Arcadia's roadway network is nearly built out, consisting of the Foothill Freeway (1-210), regional arterial roadways, collectors and local streets. The subject properties are bordered by a Modified One-Way Primary Arterial with 3 lanes in each direction. Based on the Highway Capacity Manual, the capacity of a given street and the amount of traffic each street actually carries is expressed in terms of levels of service (LOS), ranging from level A (Free Flowing) to F ("Jammed"). The proposal is a text amendment to various zoning codes that is consistent with the City's General Plan and would not have the above impacts. b) Conflict with an applicable congestion management program, El El El El including, but not limited to, level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? CEQA Checklist -16- 4-03 File Nos.: TA 11-04 Less Than Potentially Significant With Less Than Significant Mitigation Significant No Impact Incorporation Impact Impact The Los Angeles County Metropolitan Transportation Authority(MTA) adopted their most recent Congestion Management Program (CMP) in 2004. For the purposes of the CMP, a significant impact occurs when the proposed project increases traffic demand on a CMP facility by 2% of capacity(V/C 20.02), causing LOS F (V/C > 1.00). If the facility is already at LOS F, a significant impact occurs when the proposed project increases traffic demand on a CMP facility by 2%of capacity (V/C 20.02). The lead agency may apply more stringent criteria if desired. The proposal is a text amendment to various zoning codes that is consistent with the City's General Plan and would not have the above impacts. c) Result in a change in air traffic patterns, including either an ❑ ❑ ❑ El increase in traffic levels or a change in location that results in substantial safety risks? The proposal is a text amendment to various zoning codes that is consistent with the City's General Plan and would not have the above impacts. d) Substantially increase hazards due to a design feature (e.g., ❑ ❑ ❑ sharp curves or dangerous intersections) or incompatible uses (e.g.,farm equipment)? The proposal is a text amendment to various zoning codes that is consistent with the City's General Plan and would not have the above impacts. e) Result in inadequate emergency access? ❑ ❑ ❑ The proposal is a text amendment to various zoning codes that is consistent with the City's General Plan and would not have the above impact. f) Conflict with adopted policies, plans, or programs regarding ❑ ❑ ❑ El public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? The proposal is a text amendment to various zoning codes that is consistent with the City's General Plan and would not have the above impacts. 17. UTILITIES AND SERVICE SYSTEMS - Would the project: a) Exceed wastewater treatment requirements of the applicable ❑ ❑ ❑ El Regional Water Quality Control Board? The California Regional Water Quality Control Board, Los Angeles Region, is the local board with jurisdiction over Arcadia. This board has established the Basin Plan which (i) designates beneficial uses for surface and ground waters, (ii) sets narrative and numerical objectives that must be attained or maintained to protect the designated beneficial uses and conform to the state's antidegradation policy, and (iii) describes implementation programs to protect all waters in the region. The proposal is a text amendment to various zoning codes that is consistent with the City's General Plan and would not have the above impact. b) Require or result in the construction of new water or wastewater ❑ ❑ ❑ treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? CEQA Checklist -17- 4-03 File Nos.: TA 11-04 Less Than Potentially Significant With Less Than Significant Mitigation Significant No Impact Incorporation Impact Impact The proposal is a text amendment to various zoning codes that is consistent with the City's General Plan and would not have the above impacts. c) Require or result in the construction of new storm water drainage ❑ ❑ ❑ facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Local Stormwater management facilities, such as the storm drains within the area roadways, are the City's responsibility, while regional facilities are the responsibility of the Los Angeles County Department of Public Works (DPW). The City municipal storm drain facilities will be maintained and improved in conformance with the City of Arcadia Drainage System Technical Memorandum. The proposal is a text amendment to various zoning codes that is consistent with the City's General Plan and would not have the above impacts. d) Have sufficient water supplies available to serve the project from ❑ ❑ ❑ existing entitlements and resources, or are new or expanded entitlements needed? In making this determination, the City shall consider whether the project is subject to the water supply assessment requirements of Water Code Section 10910, et seq. (SB 610), and the requirements of Government Code Section 664737 (SB221). For the purposes of compliance with Senate Bill 610 and Senate Bill 221, the subject proposal does not qualify as a "project". A "project"means any of the following: 1) A proposed residential development of more than 500 dwelling units. 2) A proposed shopping center or business establishment employing more than 1,000 persons or having more than 500,000 square feet of floor space. 3) A proposed commercial office building employing more than 1,000 persons or having more than 250,000 square feet of floor space. 4) A proposed hotel or motel, or both, having more than 500 rooms. 5) A proposed industrial, manufacturing, or processing plant, or industrial park planned to house more than 1,000 persons, occupying more than 40 acres of land, or having more than 650,000 square feet of floor area. 6) A mixed-use project that includes one or more of the projects specified in this subdivision. 7) A project that would demand an amount of water equivalent to, or greater than, the amount of water required by a 500 dwelling unit project. If a public water system has fewer than 5,000 service connections, then "project" means any proposed residential, business, commercial, hotel or motel, or industrial development that would account for an increase of 10 percent or more in the number of the public water system's existing service connections, or a mixed-use project that would demand an amount of water equivalent to, or greater than, the amount of water required by residential development that would represent an increase of 10 percent or more in the number of the public water system's existing service connections. The proposal is a text amendment to various zoning codes that is consistent with the City's General Plan and would not have the above impacts. e) Result in a determination by the wastewater treatment provider ❑ ❑ El which serves or may serve the project determined that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? CEQA Checklist -18- 4-03 File Nos.: TA 11-04 Less Than Potentially Significant With Less Than Significant Mitigation Significant No Impact Incorporation Impact Impact The proposal is a text amendment to various zoning codes that is consistent with the City's General Plan and would not have the above impacts. f) Be served by a landfill with sufficient permitted capacity to ❑ ❑ ❑ accommodate the project's solid waste disposal needs? The proposal is a text amendment to various zoning codes that is consistent with the City's General Plan and would not have the above impact. g) Comply with federal, state and local statues and regulations ❑ ❑ ❑ related to solid waste? The proposal is a text amendment to various zoning codes that is consistent with the City's General Plan and would not have the above impact. 18. MANDATORY FINDINGS OF SIGNIFICANCE, a) Does the project have the potential to degrade the quality of the ❑ ❑ ❑ environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? The proposal is a text amendment to various zoning codes that is consistent with the City's General Plan and would not have the above impacts. b) Does the project have the potential to achieve short-term ❑ ❑ ❑ environmental goals to the disadvantage of long-term environmental goals? The proposal is a text amendment to various zoning codes that is consistent with the City's General Plan intended to achieve the long-term goals. c) Does the project have impacts that are individually limited, but ❑ ❑ ❑ cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? The proposal is a text amendment to various zoning codes that is consistent with the City's General Plan and would not have the above impacts. d) Does the project have environmental effects which will cause ❑ ❑ ❑ substantial adverse effects on human beings, either directly or indirectly? The proposal is a text amendment to various zoning codes that is consistent with the City's General Plan and would not have the above impacts. CEQA Checklist -19- 4-03 - State of California-The Nt., rral Resources Agency EDNII G.BROWN Jr, Governor .. CALIFORNIA t , DEPARTMENT OF FISH AND GAME JOHN McCAMMAN,Director ' '.,t. �i n r,ir. 9th 12th t'a >� ,; 1416 9 Street, 12 Floor , Sacramento, CA 95814 �, 4 ,`�' www.dfg.ca.gov CEQA Filing Fee No Effect Determination Form Applicant Name: City of Arcadia Date Submitted: July 21, 2011 Applicant Address: 240 West Huntington Drive, Arcadia, CA 91007 Project Name: Text Amendment No. TA 11-04 CEQA Lead Agency: City of Arcadia CEQA Document Type: (ND, MND, EIR) Negative Declaration SCH Number and/or local agency ID number: Case No. Text Amendment No. TA 11-04 Project Location: Citywide Brief Project Description: The City's Development Services Department is initiating the following text amendments to the Arcadia Municipal Code, Article VI, Business, Professions, Trades and Occupations and Article XI, Division and Use of Land are as follows: (1) Amending and adding new definitions in Article IX Chapter 2, Part 2; (2)Amending the Off-Street Parking Requirements in Article IX, Chapter 2, Part 6, Division 9; (3)Amending and adding to the list of Conditional Uses in Article IX, Chapter 2, Part 7, Division 5; (4)Amending the Home Occupations regulations in Article IX, Chapter 2, Part 8, Division 5; (5)Adding to the list of uses in the Public Purpose (S-2) Zone in Division 4 of Article IX, Chapter 2, Part 7; (6)Amending the General Provision regulations in Article IX, Chapter 2, part 8, Division 1; (7)Amending the Schedule of Fees in Article VI, Chapter 2, Part 2; (8)Amending and adjusting various Development Services Department fees; (9) Adding new Special Use Permit Requirements and Regulations to Article IX, Chapter 2, Part 9, Division 8; (10) Repealing in its entirety the Promotional Entertainment Events - Parking Lots provisions set forth in Article VI, Chapter 4, Part 1, Division 5; and (11) Repealing in its entirety the Christmas Tree Sales and Pumpkin Sales regulations set forth in Article VI, Chapter 4, Part 3, Division 6. Determination: Based on a review of the Project as proposed, the Department of Fish and Game has determined that for purposes of the assessment of CEQA filing fees [F&G Code 711.4(c)] the project has no potential effect on fish, wildlife and habitat and the project as described does not require payment of a CEQA filing fee. This determination does not in any way imply that the project is exempt from CEQA and does not determine the significance of any potential project effects evaluated pursuant to CEQA. Please retain this original determination for your records; you are required to file a copy of this determination with the County Clerk after your project is approved and at the time of filing of the CEQA lead agency's Notice of Determination (NOD). If you do not file a copy of this determination with the County Clerk at the time of filing of the NOD, the appropriate CEQA filing fee will be due and payable. Without a valid No Effect Determination Form or proof of fee payment, the project will not be operative, vested, or final and any local permits issued for the project will be invalid, pursuant to Fish and Game Code Section 711.4(c)(3). DFG Approval By: `L4. 74.%-t-.-( te4, . A , _gt,tri Date: 7-2 r-Zo I1 i Title: /rhv rim hunk/ Scic.n-hsi- CALIFORNIA DEPT.OF FISH AND GAME SOUTH CAST 3883 RUFOFIN RO DON Conserrving California's Wird-life Since 1870 SAN DIEGO,CA 92123 �''�'�" ""� • CITY OF ARCADIA la 240 W.HUNTINGTON DRIVE A0 ARCADIA,CA 91007 „orfr NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION/ MITIGATED NEGATIVE DECLARATION Notice is hereby given that the public agency named below has completed an Initial Study of the following described project at the following location: Public Agency: City of Arcadia Project Name: Text Amendment No.TA 11-04 Project Location—Identify street address and cross streets or Citywide attach a map showing project site(preferably a USGS 15' or 7 1/2'topographical map identified by quadrangle name): This Initial Study was completed in accordance with the Lead Agency's Guidelines implementing the California Environmental Quality Act. This Initial Study was undertaken for the purpose of deciding whether the project may have a significant effect on the environment. On the basis of such Initial Study,the Lead Agency's Staff has concluded that the project will not have a significant effect on the environment,and has therefore prepared a Draft Negative Declaration/Mitigated Negative Declaration. The Initial Study reflects the independent judgment of the Lead Agency. ❑ The Project site IS on a list compiled pursuant to Government Code section 65962.5. ® The Project site IS NOT on a list compiled pursuant to Government Code section 65962.5. El The proposed project IS considered a project of statewide,regional or areawide significance. 0 The proposed project IS NOT considered a project of statewide,regional or areawide significance. ❑ The proposed project WILL affect highways or other facilities under the jurisdiction of the State Department of Transportation. ® The proposed project WILL NOT affect highways or other facilities under the jurisdiction of the State Department of Transportation. El A scoping meeting WILL be held by the lead agency. ® A scoping meeting WILL NOT be held by the lead agency. Copies of the Initial Study and Draft Negative Declaration/Mitigated Negative Declaration are on file and are available for public review at the Lead Agency's office,located at: Lead Agency address: 240 W.Huntington Drive,Arcadia,CA 91007 Comments will be received until the following date: September 20,2011 Any person wishing to comment on this matter must submit such comments,in writing,to the Lead Agency prior to this date. Comments of all Responsible Agencies are also requested. The Lead Agency will consider the project and the Draft Negative Declaration/Mitigated Negative Declaration at its meeting on: Date: September 20,2011 Time: 7:00 p.m. If the Lead Agency finds that the project will not have a significant effect on the environment,it may adopt the Negative Declaration/Mitigated Negative Declaration. This means that the Lead Agency may proceed to consider the project without the preparation of an Environmental Impact Report. Date Received for Filing: Thomas Li Staff (Clerk Stamp Here) Associate Planner Title NOI to Adopt Neg.Dec.,Mit.Neg.Dec.\2011 1 FORM"D”