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HomeMy WebLinkAboutItem 1MEMORANDUM Development Services Department DATE: January 22, 2013 TO: Honorable Chairman and Planning Commission FROM: Jim Kasama, Community Development Administrato By: Lisa L. Flores, Senior Planner Tim Schwehr, Associate Planner SUBJECT: Resolution No. 1867 adopting a Mitigated Negative Declaration and approving Lot Line Adjustment No. LLA 12 -03; Conditional Use Permit No. CUP 11 -18; Architectural Design Review No. ADR 11 -29; and Modification No. MP 12 -10 for three new office buildings totaling 64,255 square feet, two restaurants within the new buildings totaling 4,600 square feet, and a new four -level parking structure at 125 W. Huntington Drive and 161 Colorado Place. At the regular meeting on January 8, 2013, the Planning Commission considered the above - described, proposed project at a public hearing and voted 5 -0 to conditionally approve the project and adopt the Mitigated Negative Declaration. Two new conditions of approval were recommended by staff and these were included in the Planning Commission approval. These conditions have been incorporated into Resolution No. 1867 as condition no. 16 & no. 17. RESOLUTION NO. 1867 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION AND APPROVING LOT LINE ADJUSTMENT NO. LLA 12 -03; CONDITIONAL USE PERMIT NO. CUP 11 -18; ARCHITECTURAL DESIGN REVIEW NO. ADR 11 -29; AND MODIFICATION NO. MP 12 -10 FOR THREE NEW OFFICE BUILDINGS TOTALING 64,255 SQUARE FEET, TWO RESTAURANTS WITHIN THE NEW BUILDINGS TOTALING 4,600 SQUARE FEET, AND A NEW FOUR -LEVEL PARKING STRUCTURE AT 125 W. HUNTINGTON DRIVE AND 161 COLORADO PLACE. WHEREAS, on November 11, 2011; June 11, 2012; and August 23, 2012, applications were filed by Pacific Design Group to merge two parcels into one parcel, and construct three new office buildings totaling 64,255 square feet, two restaurants within the new buildings totaling 4,600 square feet, and a new four -level parking structure at 125 W. Huntington Drive & 161 Colorado Place, Development Services Department Case Nos. Lot Line Adjustment No. LLA 12 -03; Conditional Use Permit No. CUP 11 -18; Architectural Design Review No. ADR 11 -29; and Modification No. MP 12- 10; and WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Section 21000 et seq. ( "CEQA "), and the State's CEQA Guidelines, the City of Arcadia prepared an Initial Study. Accordingly, a Mitigated Negative Declaration and the accompanying Mitigation Monitoring and Reporting Program were prepared for this project and considered a part of this review and approval process; and WHEREAS, a Notice of Intent (NOI) to adopt a Negative Declaration was filed with the Los Angeles County Clerk on December 13, 2012, and circulated for a period of 20 days pursuant to State CEQA Guidelines Section 15072. The NOI and the public hearing notice were published on December 17, 2012, in the Arcadia Weekly, and sent to all the property owners and occupants within 300 feet of the subject property; and, WHEREAS, during the 20 -day comment period, the City received two letters from the following responsible, trustee and other regulatory agencies pursuant to State CEQA Guidelines Section 15073: County Sanitation District and Department of Fish and Wildlife; and WHEREAS, the Mitigated Negative Declaration identifies impacts associated with the proposed project that can be mitigated or avoided, and the mitigation measures are included in the project conditions of approval to ensure that all impacts are Tess than significant. The Mitigation Monitoring and Reporting Program (MMRP) ensures that the project will not significantly impact the environment; and WHEREAS, a public hearing was held by the Planning Commission on January 8, 2013, at which time all interested persons were given full opportunity to be heard and to present evidence. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF ARCADIA DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: SECTION 1. That the factual data submitted by the Development Services Department in the staff report dated January 8, 2013, are true and correct. SECTION 2. This Commission finds: 1. That the granting of such Conditional Use Permit will not be detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity. A commercial office development and restaurants are consistent with the Zoning and General Plan Land Use Designations of the site and will not conflict with the other existing uses at the site, or in the neighborhood. The proposed Zoning -2- 1867 Modifications are minor and will not have a significant impact on the surrounding properties. An Initial Study was prepared to determine if there would be any potential impacts from the proposed project. A detailed review is included in the Mitigated Negative Declaration, traffic study, air quality study, noise study, greenhouse gas study, lighting and photometric light analysis, load calculations for the sewer system, and the Traffic Impact Analysis. With 23 mitigation measures incorporated into the project, the proposed project will not be detrimental to the public health or welfare or injurious to the property. 2. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized. In the C -2, General Commercial Zones, a building with more than 20,000 square -feet of gross floor area and within 100 feet of residentially -zoned property is allowed with an approved Conditional Use Permit per Section 9263.6.7 of the Arcadia Municipal Code. And, restaurant uses are allowed with an approved Conditional Use Permit per Section 9275.1.53.5 of the Arcadia Municipal Code. 3. That the site for the proposed use is adequate in size and shape to accommodate said use, and all yards, spaces, walls, fences, parking, loading, landscaping, and other features required to adjust said use with the land and uses in the neighborhood. Based on the proposal, the projected parking availability, and the on -site circulation, the site is adequate for the proposed development. 4. That the site abuts streets and highways adequate in width and pavement type to carry the kind of traffic generated by the proposed use. A Traffic Impact Analysis was prepared by Linscott Law & Greenspan (LLG) to forecast peak hour vehicle trip generation, anticipate distribution of vehicle trips, and analyze existing -3- 1867 intersection /corridor operations. It was concluded that the proposed project will not create significant traffic impacts at any of the studied intersections, that the levels -of- service (LOS) will not decrease, and that the adjacent streets are adequate for the type of traffic that is to be generated by the proposed project. 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. The proposed development is a commercial use that is consistent with the General Plan Land Use Designation of the site. 6. That pursuant to the provisions of the California Environmental Quality Act (CEQA), an Initial Study, Mitigated Negative Declaration, and Mitigation Monitoring and Reporting Program have been prepared for the proposed development, and that the project will have less- than - significant impacts with mitigation measures for the following areas: Aesthetics, Air Quality, Biological Resources, Geology and Soils, Hazards and Hazardous Materials, Hydrology and Water Quality, Noise, Transportation/Traffic, and Utilities and Service Systems. SECTION 3. That for the foregoing reasons this Commission grants Lot Line Adjustment No. LLA 12 -03; Conditional Use Permit No. CUP 11 -18; Architectural Design Review No. ADR 11 -29; and Modification No. MP 12 -10 to merge two parcels into one parcel and construct three new office buildings totaling 64,255 square feet,with two restaurants within the new buildings totaling 4,600 square feet, and a new four -level parking structure at 125 W. Huntington Drive and 161 Colorado Place, subject to the following conditions: 1. Prior to issuance of a building permit, a lot consolidation of the subject Tots must be recorded through a Certificate of Compliance by the Los Angeles County Recorder's Office for the proposed development. -4- 1867 2. There shall be no hospitals, urgent care clinics, or emergency services permitted under this Conditional Use Permit. 3. Trash enclosure no. 3 (proposed at the northeast corner of the site at 8' -0" from the north property line) shall be relocated outside the required 20' -0" rear yard setback. The new location shall be subject to the approval of the Development Services Director, or designee. Trash enclosure no. 2 (proposed within the required 20' -0" rear yard setback) shall not be used for the disposal of any restaurant waste. 4. The on -site restaurants shall be limited to business hours of 6:00 a.m. to 10:00 p.m., every day. 5. No live music or entertainment is approved under this Conditional Use Permit, and any live music, entertainment, karaoke, etc. shall require a separate Conditional Use Permit. 6. The shrubs that are located immediately adjacent to both sides of the Colorado Place driveway, and the western -most tree (i.e., the tree located immediately east of the subject driveway) shall be removed. The shrubs located adjacent to the existing monument sign and easterly driveway (i.e. the monument sign that is located in front of the existing Worley Parson's building entrance) shall be lowered or removed so as to provide a clear line of sight in compliance with the City's driveway visibility requirements. 7. An additional roadway dedication is required on Colorado Place. The developer shall contact the Engineering Division for the specific dimensions of the dedication. The existing monument sign shall be removed from its current location prior to accepting the dedication. -5- 1867 8. The Applicant shall coordinate with South California Edison to install a streetlight on Colorado Place and on San Juan Drive with underground circuits per City Standard 805 -1. The proposed location shall be reviewed and approved by the City Engineer or designee. 9. The Applicant shall close off the existing driveways that are not proposed to be used off of Colorado Place and construct new curb, gutter, and sidewalk. 10. The Applicant shall submit a Standard Urban Stormwater Mitigation Plan (SUSMP), and comply with the following Best Management Practices: • Infiltration systems (e.g. infiltration trenches /swales, grass filter strips, porous pavement) • Bio- Filtration /Bio Retention Systems (e.g. Detention basins, bioswales, etc.) • Stormwater capture and Re -use (e.g. cisterns and rain barrels) • Mechanical /Hydrodynamic Units (e.g. fossil filters, catch basin inserts) • Combination of any items listed above 11. All City requirements regarding disabled access and facilities, occupancy limits, building safety, health code compliance, emergency equipment, environmental regulation compliance, and parking and site design shall be complied with to the satisfaction of the Building Official, City Engineer, Community Development Administrator, Fire Marshal, and Public Works Services Director. Any changes to the facilities or structures may be subject to required issuance of permits and having fully detailed plans submitted to the City for plan check review and approval. 12. The uses approved by these applications shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved; and -6- 1867 shall be subject to periodic inspections, after which the provisions of this approval may be adjusted after due notice to address any adverse impacts to the adjacent streets, rights -of -way, and /or the neighboring businesses, residents, or properties. 13. Noncompliance with the plans, provisions and conditions of approval shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the on -site businesses. 14. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officers, employees or agents to attack, set aside, void, or annul any approval or condition of approval of the City of Arcadia concerning this project and /or land use decision, including but not limited to any approval or condition of approval of the City Council, Planning Commission, or City Staff, which action is brought within the time period provided for in Government Code Section 66499.37 or other provision of law applicable to this project or decision. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and /or land use decision and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter. 15. Approval of these applications shall not become effective unless the property owner(s), applicant(s), and /or restaurant owner(s) and operator(s) have executed and filed an Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these condit'frns of approval. 16. The three loading spaces connected to the driveway aisle off of Colorado Place shall be relocated, and the six parking spaces connected to this driveway aisle -7- 1867 shall be eliminated. The new location of the loading spaces shall be approved by the Development Services Director or designee. A Parking Modification shall be approved as part of this application to accommodate all necessary revisions to the driveway aisles. 17. The proposed driveway aisle and approach off of Colorado Place shall be widened and revised to accommodate two exit lanes to the satisfaction of the City Engineer. Mitigation Measures as Conditions of Approval The following conditions are found in the Mitigation Monitoring and Reporting Program (MMRP). They are recorded here to facilitate review and implementation. More information on the timing and responsible parties for these mitigation measures is detailed in the MMRP. 18. The lights within the parking structure shall be placed on a dimmable switch and the lights on each level shall be dimmed from 11:00 p.m. to 6:00 a.m., every day to avoid disturbances to the adjacent residential uses. The Development Services Director or designee shall also review the parking lot lights and determine which ones are to be turned -off during non - business hours. The developer and the City shall assess the brightness from the lights prior to occupancy of any part of the project. 19. The flood lights or area lighting needed for construction activities shall be placed and directed so as to avoid disturbance to the adjacent residential uses. 20. Low -VOC Architectural Coatings. The applicant is to use low -VOC architectural coating for all buildings, including the proposed parking structure. At a minimum, all architectural coatings shall comply with the most recent standards in SCAQMD Rule 1113 — Architectural Coatings. In addition, architectural coatings should not be applied to more than 10,500 square feet of construction per day, including both interior and exterior surfaces. -8- 1867 21. On -site equipment shall not be left idling when not in use. 22. Staging areas for heavy -duty construction equipment shall be located as far as possible from sensitive receptors (i.e. adjacent residential uses). A staging plan showing where the construction trucks will line -up and a truck route map shall be provided to the Development Services Director or designee for review and approval prior to construction. 23. Minimization of Disturbance. Construction contractors shall minimize the area disturbed by clearing, grading, earth moving, or excavation operations to prevent excessive amounts of dust. 24. Soil Treatment. Construction contractors shall treat all graded and excavated material, exposed soil areas, and active portions of the construction site, including unpaved on -site roadways to minimize fugitive dust. Treatment shall include, but not necessarily be limited to, periodic watering, application of environmentally safe soil stabilization materials, and /or roll compaction as appropriate. Watering shall be done as often as necessary, and at least twice daily, preferably late in the morning and after work is done for the day. 25. Soil Stabilization. Construction contractors shall monitor all graded and /or excavated inactive areas of the construction site at least weekly for dust stabilization. Soil stabilization methods, such as water and roll compaction, and environmentally safe dust control materials, shall be applied to portions of the construction site that are inactive for over four days. If no further grading or excavation operations are planned for the area, the area shall be seeded and watered until landscape growth is evident, or periodically treated with environmentally safe dust suppressants, to prevent excessive fugitive dust. -9- 1867 26. No Grading During High Winds. Construction contractors should stop all clearing, grading, earth moving, and excavation operations during periods of high winds (20 miles per hour or greater, as measured continuously over a one -hour period). 27. Street Sweeping. Construction contractors shall sweep all on -site driveways and adjacent streets and roads at least once per day, preferably at the end of the day, if visible soil material is carried over the adjacent streets and roads. 28. A qualified biologist shall conduct nesting bird surveys in areas with suitable habitat prior to all construction or site preparation activities that would occur during the nesting and breeding season for native bird species (typically March 1 through August 15). The survey area shall include all potential bird nesting areas within 200 feet of any disturbance. The survey shall be conducted no more than three days prior to commencement of activities (e.g. grading). If active nests of bird species protected by the Migratory Bird Treaty Act (MBTA) and /or California Fish and Game code (which, together, apply to all native nesting bird species) are present in the impact area or within 200 feet of the impact area, a temporary buffer fence shall be erected a minimum of 200 feet around the nest site. This temporary buffer may be greater or lesser depending on the bird species and type of disturbance, as determined by the biologist and /or applicable regulatory agency permits. Clearing and /or construction within temporarily fenced areas shall be postponed or halted until juveniles have fledged and there is no evidence of a second nesting attempt. The biologist shall serve as a construction monitor during those periods when disturbance activities will occur near active nest areas to ensure that no inadvertent impacts on these nests will occur. -10- 1867 29. The construction crew shall be required to use Best Management Practices (BMPs) and standards to control and reduce erosion. These measures could include, but are not limited to protection of all finished graded slopes from erosion using such techniques as erosion control matting and hydroseeding or other suitable measures. 30. When working near catch basins, each basin shall be covered and sealed prior to the start of construction. 31. In accordance with the California Code of Regulations (Title 8, Section 1541), if any construction, excavations, and new utility lines are proposed near or crossing existing high pressure pipelines, natural gas /petroleum pipelines, electrical lines greater than 60,000 volts, and other high priority lines, it is required that the owner /operator of the line(s) be notified and the locations of subsurface lines be identified prior to any ground disturbance for excavation. Coordination, approval, and monitoring by the owner /operator of the line would avoid damage to high priority lines and prevent the creation of hazards to the surrounding area. 32. The Applicant shall prepare and submit a final drainage plan to the City for approval by the City. The drainage plan shall include post development designs that ensure adequate capacity to accommodate and prevent flooding of the site and adjacent roadways. 33. Construction Timing — Construction activities shall be limited to the hours between 7:00 a.m. and 7:00 p.m., Monday through Saturday. Construction equipment maintenance shall be limited to the same hours. 34. Construction Equipment — If electrical service is available within 150 feet, electrical power shall be used to run air compressors and similar power tools. Internal combustion engines should be equipped with a muffler of a type recommended by the -11- 1867 manufacturer. No internal combustion engine shall be operated on the project site without the manufacturer - recommended muffler. All diesel equipment shall be operated with closed engine doors and should be equipped with factory- recommended mufflers. Construction equipment that continues to generate noise that exceeds 70 dBA at the project boundaries should be shielded with a barrier that meets a Sound Transmission Class (STC) rating of 25. For all construction activity on the project site, additional noise attenuation techniques shall be employed as needed to ensure that noise remains within levels allowed by the City of Arcadia noise standards. Such techniques may include, but are not limited to, the use of sound blankets on noise generating equipment and the construction of temporary sound barriers between construction sites and affected uses. 35. The construction contractor shall place all stationary construction equipment so that emitted noise is directed away from the noise - sensitive receptors. When feasible, the construction contractor shall locate equipment staging in areas that will create the greatest distance between construction - related noise sources and noise sensitive receptors during all project construction. 36. The construction contractor shall limit haul truck activities to the same hours specified for construction. To the extent feasible, haul routes shall not pass sensitive land uses or residences. 37. Neighbor Notification. The developer and its contractors shall provide notification to residential occupants adjacent to the project site at least 24 hours prior to initiation of construction activities that could significantly affect outdoor or indoor living areas. This notification shall include the anticipated hours and duration of construction and a description of noise reduction measures. The notification shall include a -12- 1867 telephone number for local residents to call to submit complaints associated with construction noise. The notification shall be posted on San Juan Drive, Santa Cruz Road, and San Rafael Road adjacent to the project site, and must be easily viewed from adjacent public areas. 38. The developer shall prepare a haul route plan for trucks hauling earth or construction materials from the project site to where this material will be disposed. The plan shall be reviewed and approved by the Arcadia Engineering Services Division before a grading or building permit is issued by the City, and the City has the ability to limit any hauling activity to off -peak hours. 39. The developer shall notify the City at least seven (7) days in advance of the beginning of any earth moving and or truck hauling activities on the site. The City shall assess the roadway conditions along the haul route and the developer shall be responsible for any damages caused to the route during the hauling activities. The developer shall be responsible for repairing any damages identified by the City prior to occupancy of any part of the project. 40. The existing sewer main on Colorado Place is considered deficient by the City's Public Works Services Department. A project is under consideration in the City's Capital Improvement Program for either Fiscal Year 2014 -2015 or 2015 -2016 to address the current situation. Prior to the issuance of a building permit for the project, the developer shall perform an area study to determine the impact the project will have on the capacity of the existing sewer system, and such study shall be subject to approval by the City. This study shall be used to determine the adequacy of the sewer system and the required fair -share contribution for this project toward the sewer improvement project. Prior to the issuance of a Certificate of Occupancy, the developer -13- 1867 shall be required to construct the necessary improvements if the area study concludes the project will result in the sewer capacity being exceeded. SECTION 3. The Planning Commission adopted the Mitigated Negative Declaration and the accompanying Mitigation Monitoring and Reporting Program for the proposed project at its regular meeting on January 8, 2013. SECTION 4. The Secretary shall certify to the adoption of this Resolution. Passed, approved and adopted this day of , 2013. ATTEST: Secretary APPROVED AS TO FORM: Stephen P. Deitsch City Attorney Chairman, Planning Commission -14- 1867