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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
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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:
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"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).
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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
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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.
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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
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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.
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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.
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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
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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."
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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
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o STAFF REPORT
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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