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HomeMy WebLinkAboutItem 1b - Ordinance No. 2317 regarding Residential-Flex Overlay�t r. I——.. ma , .g­ 5, 1903 42u'ity°t - °�� STAFF REPORT Development Services Department DATE: May 20, 2014 TO: Honorable Mayor and City Council FROM: Jason Kruckeberg, Assistant City Manager /Development Services Director By: Jim Kasama, Community Development Administrator SUBJECT: ORDINANCE NO. 2317 AMENDING VARIOUS SECTIONS OF ARTICLE IX OF THE ARCADIA MUNICIPAL CODE WITH AN ADDENDUM TO THE CERTIFIED ENVIRONMENTAL IMPACT REPORT FOR THE 2010 GENERAL PLAN UPDATE TO ADD A RESIDENTIAL -FLEX (R -F) OVERLAY ZONE AND TO ADD THE R -F OVERLAY ZONING TO THE 8.85 -ACRE PROJECT AREA AT 30 -188 LAS TUNAS DRIVE AND 119 -123 W. LIVE OAK AVENUE Recommendation: Adopt At the May 6, 2014, meeting, the City Council introduced Ordinance No. 2317 to create a Residential -Flex (R -F) Overlay Zone and apply it to the 12 properties that comprise the 8.85 - acre Project Area between Las Tunas Drive and W. Live Oak Avenue from Santa Anita Avenue to El Monte Avenue. The May 6, 2014, staff report is attached for reference. This project was initiated in response to the lack of commercial activity in the Las Tunas Dr./W. Live Oak Avenue corridor; allowing residential development in the Project Area is expected to be a catalyst for revitalization of the area. The City Council found that this Ordinance will not result in any new environmental impacts and that no new mitigation measures are required. Therefore, an Addendum was approved to the Certified Environmental Impact Report (EIR) for the 2010 General Plan Update pursuant to the California Environmental Quality Act (CEQA). RECOMMENDATION It is recommended that the City Council adopt Ordinance No. 2317 amending various Sections of Article IX of the Arcadia Municipal Code with an addendum to the Certified Environmental Impact Report for the 2010 General Plan update to add a Residential -Flex (R- F) Overlay Zone and to add the R -F Overlay Zoning to the 8.85 -acre Project Area at 30 -188 Las Tunas Drive and 119 -123 W. Live Oak Avenue. Approvou Dominic LazzareW City Manager Attachments: Ordinance No. 2317 May 6, 2014 Staff Report ORDINANCE NO. 2317 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA AMENDING VARIOUS SECTIONS OF ARTICLE IX OF THE ARCADIA MUNICIPAL CODE WITH AN ADDENDUM TO THE CERTIFIED ENVIRONMENTAL IMPACT REPORT FOR THE 2010 GENERAL PLAN UPDATE TO ADD A RESIDENTIAL -FLEX (R -F) OVERLAY ZONE AND TO ADD THE R -F OVERLAY ZONING TO THE 8.85 -ACRE PROJECT AREA AT 30 -988 LAS TUNAS DRIVE AND 119- 123 W. LIVE OAK AVENUE WHEREAS, the existing land uses of the 8.85 -acre area between Las Tunas Drive and W. Live Oak Avenue, from Santa Anita Avenue to El Monte Avenue (the "Project Area ") have not changed for many years, and there appears to be little potential for changes /improvements in the land uses of the Las Tunas Drive/W. Live Oak Avenue area under the current commercial zoning of the area; and WHEREAS, following the recession, it is unlikely that retail will return to commercial corridors like this as it was in the past; and WHEREAS, the City Council agreed that allowing residential developments on the 8.85 -acre Project Area could provide a catalyst for revitalization of the area; and WHEREAS, the City Council directed staff to work on a proposed establishment of a Residential -Flex (R -F) Overlay Zone to be applied to the 12 properties that comprise the Project Area; and WHEREAS, the characteristics and primary benefits of the establishment of the R -F Overlay Zone on the Project Area (the "Project ") are as follows: . To the east of the Project Area along Live Oak Avenue is an area of the City that is designated and zoned for Mixed Use development that would allow standalone commercial, or ground floor commercial with multiple - family residential on second and third floors. The proposed Residential -Flex Overlay will permit a mixture of commercial and residential uses within the 8.85 -acre project location that will be a compatible continuation of this Mixed -Use area to the east. • The Project Area is surrounded on all sides by public streets. Because no privately -owned properties abut the Project Area, any potential impacts to surrounding properties as a result of the Residential -Flex Overlay would be negligible. • The Residential -Flex Overlay will foster new development to act as a catalyst for the redevelopment and revitalization of adjacent commercial uses. This will be of positive benefit to the surrounding properties and the City at large. . The Residential -Flex Overlay will preserve the land use rights of the underlying commercial zoning and land use designations. Existing infrastructure, utilities, and public services are capable of accommodating any new growth resulting from the Residential -Flex Overlay. This is detailed in the Addendum to the EIR and Initial Environmental Study for this project. • The development standards for a Residential -Flex Overlay will require a Conditional Use Permit for all new residential developments within the overlay area. This will ensure that new residential developments are appropriately designed based on the specifics of the site. . Any future use of the Residential -Flex Overlay for other areas of the City besides the Project Area will be subject to a new General Plan Amendment and Zone Change that would be subject to consideration by the Planning Commission and City Council for its appropriateness at the given location; and WHEREAS, pursuant to the provisions of the California Environmental Quality Act (CEQA), an Initial Environmental Study was conducted for the Project, and it was -2- found that there will be no new significant impacts, that there will not be any substantial increase in the severity of any previously - identified adverse environmental impacts, that no new mitigation measures are required, and that none of the conditions listed in Section 15162 of the CEQA Guidelines is applicable; therefore, pursuant to the provisions of CEQA, an Addendum to the previously Certified Environmental Impact Report (EIR) for the 2010 General Plan Update (SCH# 2009081034) (the "Addendum ") was prepared for the Project; and WHEREAS, on March 25, 2014, a duly noticed public hearing was held before the Planning Commission on the Project and the Addendum, at which time all interested persons were given full opportunity to be heard and to present evidence; and WHEREAS, after the public hearing, the Planning Commission adopted Resolution No. 1904 by a 5 -0 vote to recommend approval of the Project and Addendum to the City Council; and WHEREAS, on May 6, 2014, a duly noticed public hearing was held before the City Council on the Project and the Addendum, at which time all interested persons were given full opportunity to be heard and to present evidence. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS. SECTION 1. The factual data submitted by the Development Services Department in the associated staff report are true and correct. SECTION 2. Section 9231.13 of Chapter 2, Part 3, Division 1, of Article IX of the Arcadia Municipal Code is amended to read as follows: 1191 "9231.13. R -F. RESIDENTIAL -FLEX OVERLAY ZONE." SECTION 3. Article IX, Chapter 2, Part 7 of the Arcadia Municipal Code is hereby amended by adding a new Division 10 to read as follows; "DIVISION 10 R -F RESIDENTIAL -FLEX OVERLAY ZONE 9280. PURPOSE. The Residential -Flex Overlay Zone is intended to provide for greater flexibility in land use planning and to maximize the housing types and styles at a more affordable price range than is possible under the strict application of other sections of this Division. This Overlay Zone provides the option of building a residential project in an underlying commercial zone. Given the state of commercial development throughout the City and region, there are locations that may benefit from this flexibility, and a residential project may serve as a catalyst for other types of development in the surrounding area. The Residential -Flex Overlay Zone is intended to maintain compatibility between residential and non - residential uses on adjacent lots through development standards and design guidelines. The standards in this section are applicable to standalone residential projects only; all other projects are subject to the requirements of the underlying zoning designation. 9280.1. RESIDENTIAL DENSITY. Maximum density: 30 dwelling units per acre of lot area (one dwelling unit per 1,450 square feet). Minimum density: 20 dwelling units per acre of lot area (one dwelling unit per 2,200 square feet). El 9280.2. BUILDING HEIGHT. No building hereafter erected, constructed or established shall exceed forty (40) feet in height, but not including roof - mounted equipment and accessory structural items as provided for in this Division. 9280.3. ROOF - MOUNTED EQUIPMENT AND ACCESSORY STRUCTURAL ITEMS. Towers, chimneys, mechanical equipment and other roof -top structures shall not exceed a height of ten (10) feet above the roof of any building. Appurtenances not incorporated as architectural features shall be adequately screened. No roof - mounted equipment, vents, ducts, or dish antennas shall be visible from ground level from any adjacent parcel, or any City owned public right -of -way. This shall be accomplished by locating the equipment or appurtenance back from the edge of the roof, an architecturally - integrated parapet, or screening that is architecturally integrated with the main structure. 9280.4. BUILDING SETBACKS. A. Street Side Setbacks. There shall be a front and street side yard setback of not less than ten (10) feet which may be used for landscaping, pedestrian circulation, entry court, etc. B. Side Yard Setbacks. Interior side yard setbacks shall have a minimum depth of ten (90) feet. Exception: When adjacent to a commercially- or industrially -zoned property, a single -story garage or carport with no habitable or conditioned space, whether it be a separate structure, or attached to the residential structure, may have a -5- zero interior side yard setback, provided that the design complies with all applicable Building and Fire Codes. C. Rear Yard Setbacks. There shall be a rear yard of a minimum depth of ten (10) feet. Exception: When adjacent to a commercially- or industrially -zoned property, a single -story garage or carport with no habitable or conditioned space, whether it be a separate structure, or attached to the residential structure, may have a zero rear yard setback, provided that the design complies with all applicable Building and Fire Codes. D. Greater setbacks than those specified above may be required through the Design Review and Conditional Use Permit process, depending on particular site conditions. 9280.5. PRIVATE OPEN SPACE. A. A minimum of 50 square feet of private open space shall be provided for each unit. Open space can be in the form of private balconies, courtyards, patios, rooftop gardens or terraces. B. Balconies that project over a public right -of -way shall be subject to approval by the City Engineer. 9280.6. PARKING REQUIREMENTS. A. Two (2) parking spaces shall be provided per unit. B. Guest parking shall be provided at the rate of one (1) parking space for every two (2) dwelling units. Where the calculation results in a number other than a whole number, the requirement shall be rounded to the next higher whole number. C. Parking space dimensions shall be a clear nine (9) feet wide by eighteen (18) feet deep. IN 9280.7. LANDSCAPING. All areas of the subject site not devoted to driveways or walkways shall be properly landscaped and maintained. Specific landscaping plans shall be reviewed through the Design Review process. 9280.8. PROJECTIONS. The following regulations shall apply to projections: A. Cornices, eaves, belt courses, sills and buttresses or other architectural features may extend or project into the required distance between buildings on the same lot, and into a required front, rear or side yard, provided that such projection shall not exceed a maximum of twenty -four inches (24 "). B. No fire escapes or open stairways shall project into any required front, rear or side yard. C. Balconies may extend or project into a required front, rear or side yard, provided that such projection shall not exceed a maximum of sixty inches (60 ") nor shall such projection be closer than sixty inches (60 ") from any property line. D. Trellis structures, patio covers or awnings not exceeding eight feet (8') in height may extend or project into a required rear or side yard provided that such projection shall comply with the provisions of the Building Code. 9280.9. DRIVEWAY REQUIREMENTS. The following shall apply to driveways: A. Any driveway to a parking space shall be at least nine feet (9') wide and shall provide the minimum vertical and horizontal clearances as required by the Building Official and/or the Fire Marshal. VA B. Every driveway serving as access to more than twelve (12) required parking spaces, or which is more than one hundred twenty -five feet (125') long, shall be not less than eighteen feet (18') wide with the minimum vertical and horizontal clearances as required by the Building Official and/or Fire Marshal. EXCEPTION: Two (2) nine -foot (9) wide driveways may be provided in lieu of one (1) eighteen -foot (18') wide driveway; provided that one (1) driveway is specified for ingress only and the other driveway is specified for egress only. C. All driveway ramps shall comply with the standards on file with the Development Services Department. D. Each driveway adjacent to the rear of a parking space shall have a width that provides the required safe ingress and egress with the minimum vertical and horizontal clearances as required by the Building Official and /or Fire Marshal. E. Every driveway shall be entirely paved. F. Community driveways shall be permitted provided the owners of the lots show proof of a recorded easement or other legal instruments authorizing the use of such shared driveway arrangements and provided that a Covenant in recordable form approved by the City Attorney, is by its terms to be for the benefit of, enforceable by, and to be released only by the City, and is executed by all the owners of all property affected thereby. The Covenant shall state that such community driveway shall be usable by the tenants and owners of the properties proposed to be served by the community driveway. Recordation of this instrument shall be completed prior to the issuance of a Building Permit. F-21 G. Eaves, no portion of which is less than thirteen feet (13) above the pavement, may overhang any driveway a distance of not more than three feet (3'). H. Utility pole cross -arms and utility service wires may be located not less than thirteen feet (13') in height above the paved surface of any driveway. 9280.10. SWIMMING POOLS AND SPAS. The minimum distance between swimming pools or spas and the first floor access openings shall be as follows: A. When the diagonal dimension of a swimming pool or spa is less than nine (9) feet, said minimum distance shall be five (5) feet. B. When the diagonal dimension of a swimming pool or spa is nine (9) feet or greater, said minimum distance shall be fifteen (15) feet. All pools, spas, and similar water features of eighteen (18) inches or more in depth shall be enclosed by a structure and /or fence, as required by the City's Building and Safety Codes. 9280.11. DISTANCE BETWEEN BUILDINGS. Buildings on the same lot shall have a minimum separation of six feet (6'). 9280.12. LAUNDRY ROOM. If a laundry area is not provided in every unit, a common laundry area shall be provided with a minimum of one (1) washer and one (1) dryer for each ten (10) units and shall be centrally located to the units to be served. 9280.13. TRASH AND RECYCLABLES. Each project shall be provided with trash and recyclables collection and loading area(s). Said area(s) shall be completely screened from view by a covered enclosure of M which three (3) sides shall consist of six -foot (5) high, fully grouted, decorative masonry walls, and fully enclosed with solid metal gates painted a color that is compatible with the enclosure walls. The interior dimensions of the enclosure(s) shall provide for convenient access to the trash /recyclables containers. The interior of the enclosure(s) shall be equipped with minimum three (3) inch thick bumpers to prevent the containers from damaging the enclosure. Trash and recyclables areas shall have full roofs to reduce storm water pollution and to screen unsightly views. The design of the roof and the materials used shall be compatible with the site's architecture, and adequate height clearance shall be provided to enable ready access to any storage containers. Trash and recyclables areas shall not be in any required front or street side setback areas and not less than ten (10) feet from an interior side or rear property line. If a project contains ten (10) dwelling units or more, at least two (2) trash enclosures shall be provided, the location of which shall be subject to the review and approval of the Development Services Director or designee. 9280.14. MECHANICAL EQUIPMENT. Mechanical and plumbing equipment, including, but not limited to, ventilation fans, heating, cooling and air conditioning equipment, water heaters, spa and pool equipment and any other similar equipment, shall not exceed the height limit prescribed in this Chapter and shall be screened from the street or placed on the roof below the ridge line out of view from the street(s). Said equipment shall not be located within any required front or street side yard setback, and shall not be set back less than five (5) feet from an interior side and /or rear property line. 51111 9280.15. BACKFLOW PREVENTION DEVICES. Backflow prevention devices, if located within a front yard or a side yard on the street side of a corner lot, shall be screened as follows: A. On backflow devices with piping sizes of three (3) inches or larger, screening is required by either a decorative masonry wall or planter box, as per the current standards on file in the Development Services Department. B. Backflow devices with piping sizes of two and one -half (2 Y/) inches and smaller must be screened by either planting or a decorative masonry wall, as per the current standards on file in the Development Services Department. C. The required screening material shall be architecturally compatible with the on -site development, and subject to the review and approval of the Development Services Director or designee. 9280.16. UTILITIES. All utilities on the site for direct service to the area thereon shall be installed underground except as otherwise approved by the Council by precise plan of design, The owner or developer is responsible for complying with the requirements of this Section and shall make the necessary arrangements as required by the serving utilities for the installation of such facilities. For the purpose of this Section, appurtenances and associated equipment such as, but not limited to, surface mounted transformers, pedestal mounted terminal boxes, meters and meter cabinets, and concealed ducts in an underground system may be terminated above ground, but shall not be located in any required front or street side yard setback. -11- 9280.17. EXTERIOR LIGHTING. Exterior lighting shall be hooded and arranged to reflect away from adjoining properties and streets. Lights on freestanding poles or standards shall not exceed a height of fifteen (15) feet. Exterior light fixtures may be mounted on any exterior wall or structure at a maximum of fifteen feet (15') above the adjacent finished grade level. Exception; A light fixture adjacent to an upper story balcony, deck, or exterior door(s) may be mounted on the wall at a maximum height of eight feet (8) above the finished floor level. 9280.18. FENCES, WALLS AND GATES. FRONT YARD AND STREET SIDE All fences, wails or gates, including height, design, and location within the front yard setback area shall be subject to Architectural Design Review. For purposes of this Section, the front yard area shall be defined as the area extending across the full width of the lot between the front lot line and required front yard setback. A decorative fence shall mean aesthetically significant in design and construction with a non - detracting color, and a compatible finish that is consistent with the main structure(s) and adjacent properties. A decorative column is a vertical supporting member with an aesthetically significant textured surface, including, but not limited to, stucco, split face, solid masonry, or masonry veneer. A cap is a horizontal surface atop a column. -12- Chain link, corrugated fiberglass, bamboo fencing, and wire type fencing are not permitted. Temporary construction fencing that are of chain link or wire type may be permitted within the front and street -side setback areas. 9280.19. FENCES AND WALLS. INTERIOR SIDE AND REAR YARD AREAS. Fences and walls located within the required side and rear yard areas are permitted up to six (6) feet in height. EXCEPTION. When located adjacent to commercially- or industrially -zoned property, the fence or wall may be a maximum of eight (8) feet in height. Measurement of a Fence or Wall Height. The fence or wall height shall be measured from the lowest adjacent grade at the base to the uppermost part of the fence or wall. No spears (i.e. apache, aristocrat with crushed spears, or any spear like features) shall be permitted on a fence, wall, or gate. Chain link, corrugated fiberglass, bamboo fencing, and wire type fencing are not permitted. 9280.20. VEHICULAR VISIBILITY STANDARDS FOR DRIVEWAYS AND INTERSECTIONS. No buildings, structures, fences, walls, gates, hedge shrubbery, landscape architectural features, or dense landscaping exceeding three (3) feet in height shall be located within the driveway visibility area per the standards on file with the Development Services Department. On corner lots located at the intersection of two or more streets, alleys, or common driveways no buildings, structures, fences, walls, gates, hedge shrubbery, landscape architectural features or dense landscaping shall exceed three (3) feet in 6K11 height within twenty -five (25) feet of an intersection of a vehicular an adjacent street intersection. 9280.21. DESIGN REVIEW CRITERIA. In conducting a review of projects subject to the requirements of this Chapter, the reviewing body may utilize design guidelines/criteria that have been adopted by the City in order to provide guidance to project proponents on how to best achieve the City's expectations for quality development; implementation of the applicable General Plan goals and policies; and maintenance of the public health, safety, general welfare and property throughout the underlying zone. Any applicable design guidelines/criteria shall be available for review at the Planning Division at City Hall. 9280.22. DEVELOPMENT APPROVAL. Prior to commencing any residential project within the Residential -Flex Overlay Zone, all building and site plans shall be subject to design review by the Development Services Department, as well as review by the Building Services. Through a Conditional Use Permit process, the Development Services Department will review project design and seek to ensure compatibility of the project with the scale and quality of development within the underlying zone and surrounding area. The Development Services Department will make recommendations regarding project design and compatibility to the Planning Commission, for consideration in connection with the Planning Commission's decision on the final design review and/or conditional use permit. The Planning Commission's decision is subject to appeal to the City Council within five (5) business days from the date of such decision. The City Council's decision shall be final." -14- SECTION 4. The City Council approves Zone Change No. ZC 14 -02 to add the Residential -Flex (R -F) Overlay Zoning to the properties between Las Tunas Drive and W. Live Oak Avenue, from Santa Anita Avenue to El Monte Avenue, SECTION 5. The City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of same to be published in the official newspaper of said City within fifteen (15) days after its adoption. This Ordinance shall take effect on the thirty -first (31s) day after its adoption. Passed, approved and adopted this day of 12014. ATTEST: City Clerk APPROVED AS TO FORM: Stephen P. Deitsch City Attorney 511142 Mayor of the City of Arcadia v� GeyIEOR.v19"Y� f 3� Au 190 Inc o�par i, 1903 o STAFF REPORT �a��nity 4 j�o Development Services Department DATE: May 6, 2014 TO: Honorable Mayor and Council Members FROM: Jason Kruckeberg, Assistant City Manager /Development Services Director By: Jim Kasama, Community Development Administrator SUBJECT: RESOLUTION NO. 7029 APPROVING GENERAL PLAN AMENDMENT NO. GPA 14 -02 WITH AN ADDENDUM TO THE CERTIFIED ENVIRONMENTAL IMPACT REPORT FOR THE 2010 GENERAL PLAN UPDATE TO ADD A RESIDENTIAL -FLEX OVERLAY DESIGNATION TO THE ARCADIA GENERAL PLAN AND THE 8.85 -ACRE PROJECT AREA AT 30 -188 LAS TUNAS DRIVE AND 119 -123 W. LIVE OAK AVENUE Recommended Action: Adopt ORDINANCE NO. 2317 AMENDING VARIOUS SECTIONS OF ARTICLE IX OF THE ARCADIA MUNICIPAL CODE WITH AN ADDENDUM TO THE CERTIFIED ENVIRONMENTAL IMPACT REPORT FOR THE 2010 GENERAL PLAN UPDATE TO ADD A RESIDENTIAL -FLEX (R -F) OVERLAY ZONE AND TO ADD THE R -F OVERLAY ZONING TO THE 8.85 -ACRE PROJECT AREA AT 30 -188 LAS TUNAS DRIVE AND 119- 123 W. LIVE OAK AVENUE Recommended Action: Introduce SUMMARY Following a presentation to the City Council in January regarding the existing land uses and the potential for improving the area between Las Tunas Drive and W. Live Oak Avenue, from Santa Anita Avenue to El Monte Avenue, the City Council's consensus was that it is unlikely that the W. Live Oak Avenue /Las Tunas Drive corridor will be redeveloped under the current commercial zoning of the area. The City Council agreed that allowing residential developments on the 8.85 -acre area between Las Tunas Drive and W. Live Oak Avenue could provide a catalyst for revitalization of the area and directed staff to prepare a proposal. The proposal is the creation of a Residential -Flex (R -F) Overlay Zone to be applied to the 12 properties that comprise this 8.85 -acre project area — see the attached aerial map. The R -F Overlay would allow either multiple - family residential developments or commercial developments. An Initial Environmental Study was conducted for this project and it was found that there will be no new impacts and that no new mitigation measures are required. Therefore, an Addendum to the EIR for the 2010 Arcadia General Plan Update has been prepared. GPA 14 -02, TA 14 -02 & ZC 14 -02 — Residential -Flex Overlay 30 -188 Las Tunas Dr. & 119 -123 W. Live Oak Ave. May 6, 2014 — Page 2 of 7 It is recommended that the City Council adopt Resolution No. 7029 and introduce Ordinance No. 2317 to establish the R -F Overlay Zone. BACKGROUND In October 2013, Mr. Matt Waken approached the Development Services Department on behalf of the owners of 132 Las Tunas Drive about developing a multiple - family residential project on their property that is currently zoned C -2, General Commercial, and is improved with an auto body shop, a small restaurant, and a tattoo shop. The developer and owners were informed that a multiple - family project would require changes to the Zoning and General Plan designations of the area. On November 5, 2013, Mr. Waken presented a concept to the City Council at a study session. After some discussion, the City Council agreed that the area should be studied before any residential development proposal moves forward. On January 7, 2014, the Development Services Department made a presentation to the City Council regarding the existing land uses and the General Plan and Zoning provisions, and the potential for changes /improvements in the land uses of the W. Live Oak Avenue /Las Tunas Drive area. It was the consensus of the City Council that it is unlikely that this corridor will be redeveloped under the current commercial zoning. The City Council agreed that allowing residential developments on the 8.85 -acre project area between Las Tunas Drive and W. Live Oak Avenue, from Santa Anita Avenue to El Monte Avenue could provide a catalyst to revitalize the area. The City Council directed staff to work on a proposal, which is the creation of a Residential -Flex (R -F) Overlay Zone to be applied to the 12 properties that comprise the 8.85 -acre project area. DISCUSSION The proposed project is a Residential -Flex (R -F) Overlay that is to be added to the City's General Plan and Zoning Code and applied to the 12 properties that comprise the 8.85 -acre project area. The R -F Overlay would allow these properties to be developed with either standalone multiple - family residential developments, or standalone commercial developments. Commercial developments and uses would continue to be allowed and there would be no changes to the current commercial development standards. All new residential projects would be subject to a Conditional Use Permit. The proposed R -F Overlay standards were modeled after the R -3, High Density Multiple - Family zoning regulations, but with some adjustments to facilitate compatibility between the new residences and the existing commercial developments. The proposed new R -F Overlay Zoning requires approval of the following: • A General Plan Amendment to add a Residential -Flex Overlay designation to the Arcadia General Plan and to designate the 8.85 -acre project area in the R -F Overlay Zone; • A Text Amendment to add a Residential -Flex Overlay Zone and regulations to the City's Zoning Code; GPA 14 -02, TA 14 -02 & ZC 14 -02 — Residential -Flex Overlay 30 -188 Las Tunas Dr. & 119 -123 W. Live Oak Ave. May 6, 2014 — Page 3 of 7 • A Zone Change to add the Residential -Flex Overlay Zoning to the 8.85 -acre project area; and • An Addendum to the Certified Environmental Impact Report (EIR) (SCH #2009081034) for the Arcadia General Plan Update pursuant to Section 15164 of the Guidelines for the California Environmental Quality Act (CEQA). The existing land uses of the 8.85 -acre project area have not changed for many years and there appears to be little potential for changes /improvements in the land uses of the W. Live Oak Avenue /Las Tunas Drive area given the current zoning standards. Development patterns and shopping habits have changed within the San Gabriel Valley since the area was originally developed and elongated commercial corridors with small parcel sizes are less desirable than they once were. A means of generating renewed interest in such a commercial corridor is to locate housing nearby, which creates a demand for neighborhood and support services. This is the general philosophy behind the R -F Overlay Zone. The characteristics and primary benefits of the establishment of the R -F Overlay Zone in this area are as follows: • To the east of the project location along Live Oak Avenue is an area of the City that is designated and zoned for Mixed Use development that would allow standalone commercial, or ground floor commercial with multiple - family residential on second and third floors. The proposed Residential -Flex Overlay will permit a mixture of commercial and residential uses within the 8.85 -acre project location that will be a compatible continuation of this Mixed -Use area to the east. • The project location is surrounded on all sides by public streets. Because no privately -owned properties about the project location, any potential impacts to surrounding properties as a result of the Residential -Flex Overlay would be negligible. • The Residential -Flex Overlay will foster new development to act as a catalyst for the redevelopment and revitalization of adjacent commercial uses. This will be of positive benefit to the surrounding properties and the City at large. • The Residential -Flex Overlay will preserve the land use rights of the underlying commercial zoning and land use designations. This provides maximum flexibility for the property owner. • Existing infrastructure, utilities, and public services are capable of accommodating any new growth resulting from the Residential -Flex Overlay. This is detailed in the Addendum to the EIR and Initial Environmental Study for this project. • The development standards for a Residential -Flex Overlay will require a Conditional Use Permit for all new residential developments within the overlay area. This will ensure that new residential developments are appropriately designed based on the specifics of the site. GPA 14 -02, TA 14 -02 & ZC 14 -02 — Residential -Flex Overlay 30 -188 Las Tunas Dr. & 119 -123 W. Live Oak Ave. May 6, 2014 — Page 4 of 7 • Any future use of the Residential -Flex Overlay to other areas of the City besides the project area will be subject to a new General Plan Amendment and Zone Change that would be subject to consideration by the Planning Commission and City Council for its appropriateness at the given locations. General Plan Amendment The proposed General Plan Amendment adds a Residential -Flex (R -F) Overlay to the Land Use and Community Design Element of the Arcadia General Plan, and is to be applicable to commercially- designated areas and Mixed -Use areas. The new language is to be added to pages 2 -11 to 2 -13, 2 -31, 2 -32, and 2 -56 to 2 -58 of the Arcadia General Plan, and is shown in red on the attached Proposed General Plan Amendment. The General Plan Amendment would also revise the Land Use Designation of the 8.85 - acre project area to add the R -F Overly to the Commercial designation. This would appear as shown on the attached Draft General Plan Land Use Map. Text Amendment The proposed Zoning Code Text Amendment creates a Residential -Flex (R -F) Overlay Zone with development standards. The proposed standards are detailed in the attached Ordinance No. 2317. The proposed regulations are similar to those of the R -3, High Density Multiple - Family Zone, including a minimum density of 20 dwelling units per acre and a maximum density of 30 dwelling units per acre. A parking requirement of two spaces for each residential unit and one guest parking space for every two units is included. Because the R -F Overlay would be applied to commercial areas, the following regulations are proposed to facilitate compatibility between new residential uses and existing commercial developments: • A front and street -side yard setback requirement of 10' -0" in lieu of 25' -0" as required in the R -3 Zone. No front or street -side setback is required for commercial developments. • A maximum building height of 40' -0" and three stories in lieu of 30' -0" and two stories as in the R -3 Zone. The increased height is to be consistent with the maximum height and number of stories allowed for commercial developments. • Replacement of the precise landscaping buffer requirements along driveways in the R -3 Zone with a more flexible landscaping requirement. This is consistent with the landscaping requirements for commercial developments. • A minimum building separation of 6' -0" in lieu of 10' -0" required in the R -3 Zone. No separation between buildings is required for commercial developments, but the California Building Code requires a minimum 6' -0" separation between residential structures. • A minimum private open space of 50 square -feet per unit in lieu of 100 square -feet required in the R -3 Zone. This provides flexibility for residential developments adjacent to commercial uses. And, will facilitate balconies for units on second and GPA 14 -02, TA 14 -02 & ZC 14 -02 — Residential -Flex Overlay 30 -188 Las Tunas Dr. & 119 -123 W. Live Oak Ave. May 6, 2014 — Page 5 of 7 third floors, as opposed to the townhouses with ground level patios that are typically developed in R -3 zones. • Updated requirements for trash and recycling areas. These are consistent with the standards of the City's Public Works Services Department, and will be incorporated into all of the City's zoning regulations as part of a future comprehensive update. Zone Change The proposed Zone Change will add the Residential -Flex Overlay (R -F) to the zoning of the 8.85 -acre project area, but the existing General Commercial (C -2) development standards will continue to apply to commercial uses and developments in the project area. The Zoning Map will be amended so that the project area would appear as shown on the attached Draft Zoning Map. Planning Commission Action The proposed Residential -Flex Overlay designation and zoning regulations were presented to the Planning Commission at their regular meeting on March 25, 2014. At this meeting, several property owners and a prospective developer addressed the Commission to express their support for the concept. One resident of the neighborhood stated that he opposes the proposal because new residences would impact the schools, which he felt are full, and that there is already too much traffic in the area. Staff explained to the Planning Commission that the environmental review found that there would not be any new impacts relative to the Environmental Impact Report for the 2010 General Plan Update. The projected potential increase in students from the maximum potential new residential units on the 8.85 -acre project area are within current Arcadia Unified School District projections, and replacement of the current commercial uses with multiple - family residences would result in a decrease in traffic generation. The Planning Commission adopted Resolution No. 1904 on a 5 -0 vote, to recommend approval of the Residential -Flex Overlay to the City Council. The Resolution and an excerpt of the Minutes of the Planning Commission Meeting are attached. ENVIRONMENTAL ANALYSIS Pursuant to the provisions of the California Environmental Quality Act (CEQA), the Development Services Department prepared the attached Initial Environmental Study and Addendum to the Certified Environmental Impact Report for the 2010 Arcadia General Plan Update (SCH# 2009081034). The Initial Study found that no new significant impacts would occur as a result of the proposed project, nor would there be any substantial increase in the severity of any previously- identified adverse environmental impacts. Since none of the following conditions listed in Section 15162 of the CEQA Guidelines is applicable, the analyses provided in the previously certified EIR for the General Plan Update is adequate; and therefore, an Addendum to the EIR has been prepared: (1) Substantial changes are proposed in the project (General Plan Update) which will require major revisions of the previous EIR due to the involvement of new GPA 14 -02, TA 14 -02 & ZC 14 -02 — Residential -Flex Overlay 30 -188 Las Tunas Dr. & 119 -123 W. Live Oak Ave. May 6, 2014 — Page 6 of 7 significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project (General Plan Update) is undertaken which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete, shows any of the following: (A) The project will have one or more significant effects not discussed in the previous EIR; (B) Significant effects previously examined will be substantially more severe than shown in the previous EIR; (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project (General Plan Update), but the project proponents decline to adopt the mitigation measure or alternative; or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. PUBLIC NOTICE /COMMENTS Public hearing notices for GPA 14 -02, TA 14 -02, and ZC 14 -02 were mailed to the property owners and tenants of the project area, and of those properties that are within 300 feet of the project area on April 23, 2014, and notice was published in the local adjudicated newspaper on April 24, 2014. The attached letter of opposition was received on April 17, 2014, from Ms. Patty C. Fong of C.A.R. Investment, LLC, the owner of 123 W. Live Oak Avenue. Ms. Fong believes that mixing residential and commercial uses will not be beneficial to either the new residents, or the businesses, and states that new homes should be in residential zones and not in the middle of commercial zones. The Conditional Use Permit requirement for Residential -Flex (R -F) developments is intended to address the potential conflicts of inserting new residences into a commercial area. It is a goal of the R -F Overlay that the proximity of new residences will stimulate an increase in commercial activity. And, the new residents are to acknowledge that they are purchasing and moving into an area that is zoned for commercial developments. GPA 14 -02, TA 14 -02 & ZC 14 -02 — Residential -Flex Overlay 30 -188 Las Tunas Dr. & 119 -123 W. Live Oak Ave. May 6, 2014 — Page 7 of 7 FISCAL IMPACT The General Plan Amendment, Text Amendment and Zone Change will not have a fiscal impact. RECOMMENDED ACTION It is recommended that the City Council: Adopt Resolution No. 7029 approving General Plan Amendment No. GPA 14 -02 with an addendum to the Certified Environmental Impact Report for the 2010 General Plan update to add a Residential -Flex Overlay Designation to the Arcadia General Plan and the 8.85 -acre Project Area at 30 -188 Las Tunas Drive and 119 -123 W. Live Oak Avenue-land Introduce Ordinance No. 2327 amending various Sections of Article IX of the Arcadia Municipal Code with an addendum to the Certified Environmental Impact Report for the 2010 General Plan update to add a Residential -Flex (R -F) Overlay Zone and to add the R -F Overlay Zoning to the 8.85 -acre Project Area at 30 -188 Las Tunas Drive and 119- 123 W. Live Oak Avenue. Approvod Dominic Lazzar t City Manager Attachments: Resolution No. 7029 — General Plan Amendment Ordinance No. 2317 — New R -F Zoning Aerial Map of Project Area Planning Commission Resolution No. 1904 Excerpt of Planning Commission Minutes of March 25, 2014 Meeting Proposed General Plan Amendment Draft General Plan Land Use Map Draft Zoning Map Addendum to EIR and Initial Environmental Study Letter of Opposition from C.A.R. Investment, LLC Aerial Map �i. ►eG fi Site Address: 30 -188 LAS TUNAS DR. & 119 -123 W. LIVE OAK AVE. Architectural Design Overlay: n/a Parcel location within City of Arcadia„ This map is a user generated static output from an Internet mapping site and is for Report generated 18- Mar -2014 reference only. Data layers that appear on this map may or may not be accurate, current, Page 1 of 1 or otherwise reliable. Aerial Map DRAFT ZONING MAP to DRAFT ZONING MAP CITY OF ARCADIA GENERAL PLAN AMENDMENT NO. GPA 14 -02, ZONE CHANGE NO. ZC 14 -02, AND TEXT AMENDMENT NO. TA 14 -02 AT 30 --188 LAS TUNAS DR. & 119-123 W. LIVE OAK AVE. ADDENDUM TO THE CERTIFIED ENVIRONMENTAL IMPACT REPORT FOR THE ARCADIA GENERAL PLAN UPDATE (SCH# 2009081034) �r ARCiA AD MARCH 11, 2014 PREPARED BY: CITY OF ARCADIA TIM SCHWEHR, ASSOCIATE PLANNER 240 W. HUNTINGTON DRIVE ARCADIA, CA 91007 INTRODUCTION 1.1 Purpose and Background This Addendum to the Certified Final Environmental Impact Report for the Arcadia General Plan 2035 has been prepared by the City of Arcadia ( "City ") in conformance with the California Environmental Quality Act (Public Resources Code, § 21000 et seq.) ( "CEQA "), the State CEQA Guidelines (Cal. Code Regs., Title 14, Chapter 3 § 15000 et seq.) City Council Resolution No. 6715 — Certifying the Final Environmental Impact Report (SCH# 2009081034) and adopting the Arcadia General Plan Update; and to address minor changes to the General Plan (as described below) as a result of the proposed Residential Flex Overlay. 1.2 Project Description The proposed project will add a Residential Flex Overlay to an 8.85 acre area located at 30 -188 Las Tunas Dr. & 119 -123 W. Live Oak Ave., which is currently developed with a mixture of commercial /industrial uses and senior housing. The site has a Land Use Designation of Commercial and is zoned C -2, General Commercial (0.5 FAR). The Residential Flex Overlay will allow properties within the project location to be developed with either commercial developments at the current 0.5 FAR, or multiple - family residential at a proposed maximum density of 30 dwelling units per acre. Mixed -use development will not be permitted. The project consists of a General Plan Amendment to add the Residential Flex Overlay to the Land Use and Community Design Element of the City of Arcadia General Plan and to revise the Land Use Designation of the project location from Commercial to Commercial with a Residential Flex Overlay, a Text Amendment to establish development regulations for the Residential Flex Overlay; and a Zone Change to revise the Zoning of the project location from C -2, General Commercial to C-2 with RF (Residential Flex) Overlay. 1.3 Lead Agency and Discretionary Approvals This Addendum documents the City's consideration of the potential environmental impacts resulting from the changes to the General Plan and Zoning Code and explains the City's decision that a subsequent Environmental Impact Report (EIR) is not required. The City of Arcadia is the lead agency and has approval authority over the General Plan and Zoning Code. Arcadia Municipal Code requires this project to be reviewed before the Planning Commission for their consideration and recommendation to the City Council; and reviewed by the City Council for their approval. 1.4 Documents Incorporated by Reference Section 15150 of the State CEQA Guidelines encourages environmental documents to incorporate by reference other documents that provide relevant data and analysis. The following documents are hereby incorporated by reference within this Addendum, and all of these documents are considered part of the Final EIR. n Certified Final Environmental Impact Report and Adoption of the Arcadia General Plan Update (Resolution No. 6795) — City of Arcadia General Plan 2035, State Clearinghouse #2009081034, Certified November 16, 2010. The EIR consists of the Final EIR and the Draft EIR (as modified by the Final EIR), ® Housing Element Update (2014-2021) and Technical Background Report, Adopted December 3, 2093. These documents that are incorporated by reference are available for review at the City of Arcadia Community Development Department — Planning Division. 1.5 CEQA Requirements for Use of an Addendum When a lead agency has already prepared an EIR, CEQA mandates that "no subsequent or supplemental environmental impact report shall be required by the lead agency or any responsible agency, unless one or more of the following events occurs: (a) substantial changes are proposed in the project which will require major revisions of the environmental impact report; (b) substantial changes occur with respect to the circumstances under which the project is being undertaken which will require major revisions in the environmental impact report; (c) new information, which was not known and could not have been known at the time the environmental impact report was certified as complete, becomes available" (Cal. Pub. Res. Code, § 21166). State CEQA Guidelines Section 15162 clarifies that a subsequent EIR or supplemental EIR is only required when "substantial changes" occur to a project or the circumstances surrounding a project, or "new information" about a project indicates "new significant environmental effects" or a "substantial increase in the severity of previously significant effects." The California Environmental Quality Act provides that when an EIR has been prepared for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence that: 1. Substantial changes are proposed in the project which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects [State CEQA Guidelines, § 15162(a)(1)]; 2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects [State CEQA Guidelines, § 15162(a)(2)j; or, 3. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete, shows any of the following: A. The project will have one or more significant effects not discussed in the previous EIR [State CEQA Guidelines, § 15162(a)(3)(A)]; B. Significant effects previously examined will be substantially more severe than shown in the previous EIR [State CEQA Guidelines, § 15162(2)(3)(B)];; C. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative [State CEQA Guidelines, § 15162(a)(3)(C)]; D. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative [State CEQA Guidelines, § 15162(a)(3)(D)]. If none of these circumstances are present, and only minor technical changes or additions are necessary to update the previously certified EIR, an Addendum may be prepared. Regarding the proposed Residential Flex Overlay, none of the above circumstances are present, and an Addendum has been determined to be the appropriate CEQA document. 1.6 Analysis of the Findings An Initial Study /Environmental Checklist (IS) was prepared for the General Plan Amendment to add a Residential Flex (RF) Overlay to the Commercial Land Use Designation, and a Zone Change to revise the zoning from C -2 to C -2 with Residential Flex Overlay to allow standalone multiple - family residential uses over the twelve (12) parcels that comprise an 8.85 acre area bounded by Live Oak Avenue, Las Tunas Drive, and El Monte Avenue. The Residential Flex Overlay could permit up to 265 residential units, and as analyzed under the Initial Study Checklist, it could replace a potential 192,770 square feet of commercial development in this area. New development in the project location will be subject to a site specific CEQA review. The proposed Residential Flex Overlay will not substantially alter the circumstances under which the General Plan EIR was undertaken. No new significant environmental effects or substantial increase in the severity of previously identified significant effects will occur as a result of the proposed project. The proposed Residential Flex Overlay will not change the underlying analysis completed for the General Plan EIR, and the proposal will not constitute a substantial change. Specific land use scenarios were not analyzed in the EIR; however, the proposed Residential Flex Overlay would not conflict with the land use plan since the change in use from commercial to residential would not be more impactful than the existing potential commercial uses. The Initial Study (see Exhibit A) found that the significant effects of the Residential Flex Overlay have been analyzed adequately in the EIR certified by the City Council in November 2010 for the General Plan Update, and these effects have been avoided or mitigated pursuant to the EIR and through clarifications identified in this Addendum. Therefore, the Initial Study determined that the potential impacts to all the environmental issues as evaluated under the 2010 Genera[ Plan EIR analysis would be reduced or remain the same from those previously anticipated by the EIR. Based on the environmental analysis in the Initial Study and this accompanying Addendum to the EIR, none of the situations described in CEQA Sections 15162 and 15163 applies. Neither the proposed revisions, nor the circumstances under which they are being undertaken would result in any new significant impacts not discussed in the EIR, or any substantial increase in the severity of impacts identified by the EIR. In addition, no new information of substantial importance has become available since the EIR was prepared regarding new significant impacts, or the feasibility of mitigation measures or alternatives. Therefore, future growth by either the existing zoning and land use designations, or the proposed overlay, has been adequately addressed in the EIR and the Addendum to the EIR. Signed., i Date Tim Schwehr, Associate Planner Attachment: Exhibit A: Initial Study