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HomeMy WebLinkAbout1911 RESOLUTION NO. 1911 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA DENYING CONDITIONAL USE PERMIT NO. CUP 13-02, ARCHITECTURAL DESIGN REVIEW NO. ADR 13-03, AND TENTATIVE PARCEL MAP NO. TPM 13-02 FOR THE 57 WHEELER MIXED USE DEVELOPMENT AT 57 WHEELER AVENUE WHEREAS, in January 2013, Ms. Alicia Barclay on behalf of DPP Arcadia, LLC submitted applications for Conditional Use Permit No. CUP 13-02, Architectural Design Review No. ADR 13-03, and Tentative Parcel Map No. TPM 13-02 and draft Initial Study/Mitigated Negative Declaration for the 57 Wheeler Mixed Use Development that consists of three stories of residential units (38 apartment units) over 16,175 square feet of ground floor commercial uses, and one level of subterranean parking structure. The Project also includes a 2,730 square foot public outdoor plaza that will be located between the existing 24 Hour Fitness building and the property development, a parking modification, and a modification to the private open space for the residential units at 57 Wheeler Avenue ("Project"); and WHEREAS, on December 3, 2013, the Draft Initial Study/Mitigated Negative Declaration for the 57 Wheeler Avenue Mixed Use Project was circulated for public review and comments for 20-days from July 24, 2014 to August 13, 2014; and WHEREAS, the Initial Study/Mitigated Negative Declaration concluded that the implementation of the Project will have less-than-significant impacts with mitigation measures for the following areas: Biological Resources, Cultural Resources, Geology and Soils, Hazards/Hazardous Materials, and Traffic/Transportation; and WHEREAS, a lead agency approves a project requiring the implementation of measures to mitigate or avoid significant effects on the environment; CEQA also requires a lead agency to adopt a mitigation monitoring and reporting program to ensure compliance with the mitigation measures during project implementation, and such a mitigation monitoring and reporting program has been prepared for the Project (the "Mitigation Monitoring and Reporting Program") for consideration by the decision-maker of the City of Arcadia as lead agency for the Project; and WHEREAS, on July 24, 2014, a duly noticed public hearing was held before the Planning Commission on said applications, including the Initial Study/Mitigated Negative Declaration ("IS/MND") 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 determined that it could not make one of the required findings for approval of the Conditional Use Permit. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF ARCADIA HEREBY RESOLVES AS FOLLOWS: SECTION 1. That the factual data submitted by the Community Development Division in the attached report and Mitigated Negative Declaration is true and correct. SECTION 2. This Commission finds, based upon the entire record: a. That the granting of such Conditional Use Permit will not be detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity. FACT: The proposed mixed use Project will not be detrimental to the public health or welfare, or the surrounding properties because the mixed use is guided by the policies and vision of the General Plan and the detailed development standards in the Zoning Code to provide opportunities for complementary service and retail commercial businesses, professional offices, and residential uses to locate within the City's downtown. A traffic study was prepared for the Project and it is not expected to result in any significant traffic impacts at any of the three intersections that were studied and no traffic mitigations are required or recommended. A noise analysis was prepared to analyze any potenital impacts from the surrounding traffic or operations of the adjacent rail line. Although the Project would not result in significant impacts related to noise, mitigation measures have been incorporated into the Project to ensure that the impacts remain less than significant. A sewer capacity study prepared for the Project indicates that there is sufficient sewer capacity to serve the Project. Based on this information, the proposed Project will not be detrimental to the public health or welfare or injurious to the other properties in the area. b. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized. FACT: The Downtown Mixed Use Zone encourages different land uses (e.g. residential and commercial) within a mixed-use project that offer opportunities for people 2 to live, work, shop, and recreate without having to use their vehicles. This area has struggled and has it never really found the right mix of businesses to allow the Downtown area to thrive. The proposed Project and its close proximity to the Gold Line station, will provide an opportunity for a lively street scene to come to this area, and help revitalize the Downtown since it will attract both commuters to shop or dine, and residents who want to live within walking distance of commercial amenities and be able to ride the train to work. c. That the site for the proposed use is adequate in size and shape to accommodate said use, and all yards, spaces, walls, fences, parking, loading, landscaping, and other features required to adjust said use with the land and uses in the neighborhood. FACT: The Project site is not appropriate in size and shape to accommodate a functional and desirable mixed-use development, and a pedestrian scaled outdoor plaza area that is located along First Avenue between the new mixed-use building and the existing 24 Hour Fitness building to the north. The Project at full occupancy does not have adequate parking to accommodate all the proposed uses. Therefore, the site is not adequate in size and shape to accommodate the proposed use. d. That the site abuts streets and highways adequate in width and pavement type to carry the kind of traffic generated by the proposed use. FACT: The site is located along First Avenue and Wheeler Avenue and primary access to the site would be through a driveway on Wheeler Avenue, which would be located beneath the second floor residential units and would be connected to the underground parking structure; as well as to the existing 24 Hour Fitness parking structure on the north side of the building, which also accesses Santa Clara Street. Wheeler Avenue is a local street and First Avenue is identified as a collector street in the City's General Plan. First Avenue, immediately adjacent to the project frontage, meets or exceeds the City's minimum roadway and right-of-way standards for collectors; therefore, no additional roadway dedication or widening is required. e. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. 3 FACT: Approval of the mixed use Project will not adversely affect the General Plan. In fact, the proposed project would advance the goals of the City's General Plan Land Use and Community Design Element by providing complementary service and retail commercial businesses, professional offices, and residential uses and by incorporating public open spaces as an integral component of the planned Gold Line station, which is located one-block north of the subject site at the northwest corner of Santa Clara Street and First Avenue. f. That the proposed subdivision, together with the provisions for its design and improvement, is consistent with the City's General Plan. FACT: The proposed subdivision is consistent with the City's General Plan because the two parcels will each have street frontage, provide for shared parking, and the mixed use project will include a pedestrian scaled outdoor plaza area located along First Avenue between the new mixed-use building and the existing 24 Hour Fitness building to the north. g. That the discharge of waste from the proposed subdivision into the community sewer system will comply with existing requirements prescribed by a California Regional Water Quality Control Board. FACT: The Arcadia Public Works Services Department confirmed that the proposed development will be adequately served by the existing sewer infrastructure and the requirements of the California Regional Water Quality Control Board will be satisfied. h. That pursuant to the provisions of the California Environmental Quality Act (CEQA), an Initial Study, Mitigated Negative Declaration, and Mitigation Monitoring and Reporting Program have been prepared for the proposed development, and that the Project will have less-than-significant impacts with mitigation measures. SECTION 3. That due to its inability to make all the required findings for approval, the Planning Commission denies Conditional Use Permit No. CUP 13-02, Architectural Design Review No. ADR 13-03, and Tentative Parcel Map No. TPM 13-02 for the 57 Wheeler Mixed Use Development at 57 Wheeler Avenue. 4 SECTION 4. The Secretary shall certify to the adoption of this Resolution. Passed, approved and adopted this ,-Y, day of plena �,Z 2014. Chairman, P nnin Commission ATTEST: 4111M Se r- ary APPROVED AS TO FORM: gtufLL P. Stephen P. Deitsch City Attorney 5 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §: CITY OF ARCADIA ) I, Jim Kasama, Secretary of the Planning Commission of the City of Arcadia, hereby certify that the foregoing Resolution No. 1911 was passed and adopted by the Planning Commission of the City of Arcadia, signed by the Chairperson and attested to by the Secretary at a regular meeting of said Planning Commission held on the 9th day of September, 2014, and that said Resolution was adopted by the following vote, to wit: AYES: Commissioners Baerg, Chan, Lin and Falzone NOES: None ABSENT: Commissioner Chiao Secr ry of the Planning Commission