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HomeMy WebLinkAboutItem 1b - Ordinance No 2319 Seabiscuit Pacifica Specific PlanAu;;ua, S, 1903 STAFF REPORT o ���niry of Development Services Department DATE: November 4, 2014 TO: Honorable Mayor and City Council FROM: Jason Kruckeberg, Assistant City Manager /Development Services Director SUBJECT: ORDINANCE NO. 2319 APPROVING AN AMENDMENT TO THE SEABISCUIT PACIFICA SPECIFIC PLAN (SP NO. 13 -02) TO MODIFY CONDITIONS OF APPROVAL FOR TWO NEW HOTELS AND A HOTEL CONDOMINIUM AT 130 W. HUNTINGTON DRIVE Recommendation: Adopt SUMMARY AND BACKGROUND At its meeting of October 21, 2014, the City Council introduced Ordinance No. 2319 amending the Seabiscuit Pacifica Specific Plan by amending the Conditions of Approval for that project. A copy of Ordinance No. 2319 and the October 21, 2014, staff report are attached for your information. RECOMMENDATION It is recommended that the City Council adopt Ordinance No. 2319 approving an amendment to the Seabiscuit Pacifica Specific Plan (SP No. 13 -02) to modify Conditions of Approval for two new hotels and a hotel condominium at 130 W. Huntington Drive. Approved. Dominic Lazza City Manager Attachments: Ordinance No. 2319 October 21, 2014 Staff Report ORDINANCE NO. 2319 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING AN AMENDMENT TO THE SEABISCUIT PACIFICA SPECIFIC PLAN (SP NO. 13 -02) TO MODIFY CONDITIONS OF APPROVAL FOR TWO NEW HOTELS AND A HOTEL CONDOMINIUM AT 130 W. HUNTINGTON DRIVE WHEREAS, the City Council is authorized by Article 11, Section 200 of the City Charter to prepare, adopt, and amend Specific Plans for the purpose of systematically implementing the City's General Plan with respect to particular geographical areas and projects within the City; and WHEREAS, the Arcadia Municipal Code, Section 9296.7(2) provides that the adoption or amendment of any Specific Plan within the City shall be accomplished by ordinance; and WHEREAS, in August 2013, Mr. Andy Chang submitted applications for General Plan Amendment No, GPA 14 -01, Specific Plan No. SP 13 -02, and Zone Change No. 13 -02 and a Draft Initial Study /Mitigated Negative Declaration for the Seabiscuit Pacifica Specific Plan development that consists of two new hotels (i.e. Marriott Residence and Fairfield Inn & Suites) that total 142,320 square feet of hotel space in two connected buildings, with a total of 210 rooms, and a hotel condominium with 50 units at 130 W. Huntington Drive ( "Project "); and WHEREAS, on December 3, 2013, the Draft initial Study /Mitigated Negative Declaration for the Seabiscuit Pacifica Specific Plan (SCH #2013121018) was circulated for public review and comments for 30 -days from December 5, 2013 to January 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: Aesthetics, Air Quality, Biological Resources, Geology and Soils, Hazards and Hazardous Materials, Hydrology and Water Quality, Noise, Transportation/Traffic, and Utilities and Service Systems; 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 ") and approved by the decision -maker of the City of Arcadia as lead agency for the Project; and WHEREAS, after a duly noticed public hearing on March 18, 2014 the City Council approved General Plan Amendment No. GPA 14 -01, Specific Plan NQ, SP 13- 02, and Zone Change No. 13 -02, and a Mitigated Negative Declaration with a Mitigation Monitoring and Reporting Program; and WHEREAS, on August 13, 2014, Mr. Andy Chang submitted an amendment to Specific Plan No. 13 -02 requesting a modification to the conditions of approval for the project to modify the timing of the phases of the project; and WHEREAS, an Addendum to the approved Mitigated Negative Declaration has been prepared in compliance with the California Environmental Quality Act; and K WHEREAS, after a duly noticed public hearing on September 9, 2014, the Arcadia Planning Commission recommended approval of the amendment by a vote of 4 -0; and WHEREAS, a duly noticed public hearing was held with the Arcadia City Council on October 7, 2104 at such time as the City Council continued the matter to their meeting on October 21, 2014; and WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. That the factual data submitted by the Community Development Division in the attached report and Addendum to the Mitigated Negative Declaration is true and correct. SECTION 2. This Council finds, based upon the entire record: a. That the proposed Specific Plan Amendment is consistent with the General Plan as amended and the goals, objectives, polices and action programs of the City's General Plan in that the Amendment will not change any of the characteristics of the approved Specific Plan, but merely will modify the timing within which phases of the project can be developed. The subject site is identified in the General Plan as an expansion of the Downtown area for future urban development. As a result, the Specific Plan will provide for two new hotels and the first hotel condominium in the City, which will be required to be subject to the City's Transient Occupancy Tax (TOT) requirement. The proposed project will help revitalize the Downtown area of Arcadia, as well as contribute 3 positively to the existing downtown setting. The Amendment does not change these facts, it merely modifies the conditions of approval for the project. Therefore, the proposed Specific Plan is consistent with the General Plan. b. That the proposed Specific Plan Amendment will not adversely affect the public health, safety, and welfare. The Initial Study /Mitigated Negative Declaration for the Specific Plan and General Plan Amendment analyzed all the potential impacts, and all the project's impacts are less than significant or can be reduced to less than significant level with the implementation of the recommended mitigation measures. The Specific Plan Amendment does not impact any of the mitigation measures for the project and an Addendum has been prepared that memorializes this. Therefore, the proposed project would not be detrimental to the public health and welfare. Instead, the proposed project will be a superior "landmark" development that will provide an entry statement for the City. C. The specific plan amendment is a desirable planning tool to implement the provisions of the City's General Plan. The proposed project is to be built over time and in two phases. Phasing involves many considerations such as market demand and the availability of financing. A Specific Plan can address these particular matters so that the hotels will be developed in a particular order. The intent of the Specific Plan is to ensure that he proposed project is developed in the right order, and by a set time table. SECTION 3. Based on the Addendum to the Mitigated Negative Declaration, the City Council finds that the requirements of the California Environmental Quality Act have been met for the project and that the existing Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program are adequate. M SECTION 4. That for the foregoing reasons, the City Council approves the amendment to Specific Plan No. SP 13 -02 subject to the Conditions of Approval listed in Exhibit "A °. SECTION 5. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or any part thereof is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases may be declared unconstitutional or otherwise invalid. SECTION 6. The City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of same to be published at least once in the official newspaper of said City within fifteen (15) days after its adoption. This Ordinance shall take effect on the thirty -first (31S) day after its adoption. [SIGNATURE ON THE NEXT PAGE] 5 Passed, approved and adopted this day of 2014. ATTEST: City Clerk APPROVED AS TO FORM: Stephen P. Deitsch City Attorney A Mayor of the City of Arcadia EXHIBIT "A" REVISED CONDITIONS OF APPROVAL 1. When Developer proceeds with the construction of Phase 1, the buildings comprising the Santa Anita Inn and all uses not described in the Specific Plan for the subject property shall be deemed to be non - conforming buildings and non- conforming uses. Buildings A and B of the Santa Anita Inn shall be demolished in order to construct the two new hotels in Phase 1. For the remaining buildings and uses of the remaining portion of the current Santa Anita Inn (buildings C through F), there shall be an amortization period for elimination of non - conforming uses and demolition of non - conforming buildings ending three years following the issuance of a Certificate of Occupancy for the first of the two new hotels in Phase 1. On or before the end of such three year amortization period, all such non- conforming uses shall cease and all such non - conforming buildings shall be completely demolished. Notwithstanding any provision herein to the contrary, all non - conforming uses shall cease and non - conforming buildings shall be completely demolished no later than five years following issuance of a demolition permit for Buildings A or B. 2. The remodeling of the portion of the Santa Anita Inn remaining shall start construction before the construction of Phase 1 and shall include, without limitation, a new lobby area within the existing building(s). Any changes or alteration to the building shall be subject to review and approval by the Development Services Director or designee, and additional design enhancements to the building, lobby, or parking area may be required. The commencement of Phase 2 shall be permitted only upon (i) the execution of a mutually binding development agreement between the developer and the City that allows the City to provide for the orderly regulation of condominium units within the Phase 2 hotel, or (ii) the City's prior adoption of an Ordinance providing for the orderly regulation of condominium units within the Phase 2 hotel. 3. Each set of tandem parking spaces shall be assigned to a single unit unless a 24- hour valet service or equivalent measure is implemented. Any changes or alteration to the parking space assignment shall be subject to review and approval by the Development Services Director or designee. 4. No architectural features, chimneys, vents, equipment, and other accessory rooftop structures may be placed on top of the mansard roofs of the hotel condominium tower. The maximum height of all elements is 95 feet. 5. A Tentative Tract Map must be filed with the City and approved prior to issuance of a building permit for Phase 2 — the hotel condominium tower. INI 6. The Phase 2 component of the development will be a hotel use and may be a hotel condominium tower. Transient Occupancy Tax (TOT) shall be required to be remitted for the Phase 2 component. The TOT requirement, as well as restrictions on how the units will be managed, rented, and sold, shall be written into the Homeowners Association (HOA) Covenants, Conditions, and Restrictions (CC &Rs) for each individual owner The individual property owner will not be able to stay indefinitely without paying the TOT. The owners shall rent their units by using the on -site management company. In no circumstances shall the units be used for permanent residences. The site is not suitable for permanent residency, does not possess facilities for such, and the City's General Plan does not allow residential uses at the location. The draft HOA CC &Rs shall be submitted for review and approval by the City Attorney prior to issuance of a Certificate of Occupancy for any of the hotel condominium units and the CC &Rs shall notify prospective purchasers of the transient nature of the use and that they are purchasing into a commercial hotel development and not a residential development. If a Development Agreement is approved for this project, the terms of the Development Agreement shall govern on this issue. 7. In accordance with the City's Transportation Impact Fee Program, the applicant shall pay its development impact fees, which will mitigate the project's contribution to any cumulative impacts to the westbound 1 -210 intersection at Santa Anita Avenue. 8. The design and construction of any and all traffic signals, signing, and striping modifications or additions to accommodate the new entrance near the intersection of Huntington Drive and Colorado Place shall be at the applicant's /property owner's expense. 9. Damaged sections of the existing curb and gutter on Huntington Drive shall be removed and replaced per City of Arcadia Standards. 10. The applicant/property owner shall provide a street dedication along westbound Huntington Drive, to create a continuous 10' -0" parkway width. 11. The applicant/property owner shall provide signage to clearly mark the monument roundabout as "One Way," and also provide signage to clearly mark the exits from the condominium hotel site onto westbound and eastbound Huntington Drive(s) as "!_eft Turn Only." 12. New sidewalk along eastbound Huntington Drive per City Standard shall be constructed at the applicant's /property owner's expense. The property owner and site superintendent shall coordinate with City Engineer and Public Works Services Director for the protection and /or replacement of existing trees within the City's rights -of -way. 13. The applicant/property owner shall prepare a Standard Urban Stormwater Mitigation Plan ( SUSMP) for the proposed development, as prescribed by Los Angeles Department of Public Works SUSMP Manual. 14. Prior to issuance of a building permit for each phase of the project, a detailed landscaping and irrigation plan shall be prepared by the applicant /property owner for the project site. The proposed project shall comply with the requirements of the City's Water Efficient Landscaping Ordinance. 15. All City requirements regarding disabled access and facilities; occupancy limits; building safety; fire prevention, detection and suppression; health code compliance; emergency access, egress, and equipment; water supply and facilities; sewer facilities; trash reduction and recycling requirements; environmental regulation compliance, including National Pollution Discharge Elimination System (NPDES) measures; and parking and site design shall be complied with to the satisfaction of the Building Official, City Engineer, Community Development Administrator, Fire Marshal, and Public Works Services Director. Compliance with these requirements shall be determined by having fully detailed construction plans submitted for plan check review and approval by the foregoing City officials and employees. 16. The uses approved by these applications shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved; and shall be subject to periodic inspections, after which the provisions of this approval may be adjusted after due notice to address any adverse impacts to the adjacent streets, rights -of -way, and/or the neighboring businesses, residents, or properties. 17. Noncompliance with the plans, provisions and conditions of approval shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the hotels and hotel condominium. 18. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its officials, officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officials, officers, employees or agents to attack, set aside, void, or annul any approval or conditional approval of the City of Arcadia concerning this project and/or land use decision, including but not limited to any approval or conditional approval of the City Council, Planning Commission, or City Staff, which action is brought within the time period provided for in Government Code Section 66499.37 or other provision of law applicable to this project or decision. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and/or land use decision and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officials, officers, employees, and agents in the defense of the matter. 7 19. Approval of GPA 14 -01, SP 13 -02, and ZC 14 -01 shall not be of effect unless on or before 30 calendar days after City Council adopts the Resolution and Ordinance, the property owner /applicant has executed and filed with the Community Development Administrator an Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. Mitigation Measures as Conditions of Approval The following conditions are found in the Mitigation Monitoring and Reporting Program (MMRP). They are recorded here to facilitate review and implementation. More information on the timing and responsible parties for these mitigation measures is detailed in the MMRP. 20. Prior to issuance of a building permit, the applicant shall demonstrate that all project windows are glazed or otherwise treated to minimize glare on surrounding roads and properties, to the satisfaction of the Development Services Director or designee. 21. Prior to issuance of a grading permit, the general contractor for the project shall prepare and file a Dust Control Plan with the City that complies with SCQAMD Rule 403 and requires the following during excavation and construction as appropriate: • Apply nontoxic chemical soil stabilizers according to manufacturers' specifications to all inactive construction areas (previously graded areas inactive for 10 days or more). • Water active sites at least twice daily (locations where grading is to occur will be thoroughly watered prior to earthmoving). • Cover all trucks hauling dirt, sand, soil, or other loose materials, or maintain at least 2 feet of freeboard (vertical space between the top of the load and top of the trailer) in accordance with the requirements of California Vehicle Code (CVC) Section 23114. • Pave construction access roads at least 100 feet onto the site from the main road. • Control traffic speeds within the property to 15 mph or less. 22. Prior to the issuance of a grading permit, the project developer shall require by contract specifications that contractors shall utilize California Air Resources Board (CARB) Tier II Certified equipment or better during the rough /mass grading phase for rubber -tired dozers and scrapers. Contract specifications shall be included in the proposed project construction documents, which shall be reviewed by the City. 23. Prior to the issuance of a grading or building permit for each phase, the project developer shall require by contract specifications that contractors shall place construction equipment staging areas at least 200 feet away from sensitive receptors. 10 Contract specifications shall be included in the project construction documents, which shall be reviewed by the City. 24. Prior to the issuance of a building permit for each phase, the project developer shall require by contract specifications that contractors shall utilize power poles or clean -fuel generators for electrical construction equipment. Contract specifications shall be included in the proposed project construction documents, which shall be reviewed by the City. 25. Prior to issuance of a grading permit for each phase, the developer shall provide an assessment of existing trees on the areas to be developed. This tree assessment shall be prepared by a qualified landscape architect and identify any existing large bushes or trees that can be relocated or preserved as part of the new development project. The project landscaping plans shall attempt to preserve existing mature trees onsite to the extent feasible, based on the tree assessment. This measure shall be implemented to the satisfaction of the City Planning Division. 26. During project construction in either phase, the existing redwood trees along the east side of the property shall be protected by being taped or roped off with appropriate signage so construction equipment will not accidentally come in contact with and damage or destroy any trees. The trees shall be sprayed with water at the end of each day when substantial amounts of dust are generated (e.g., during grading or demolition) to minimize damage from dust deposition. This measure shall be implemented to the satisfaction of the City Planning Division. 27. Construction in either phase should not occur during the local nesting season (estimated February 1 to July 15). If any construction occurs during the nesting season, a nesting bird survey shall be conducted by a qualified biologist prior to the issuance of a grading permit or removal of any large trees on the existing hotel property. if the biologist determines that nesting birds are present, an area of 100 feet shall be marked off around the nest and no construction activity can occur in that area during nesting activities. Grading and /or construction may resume in this area when a qualified biologist has determined the nest is no longer occupied and all juveniles have fledged. This measure shall be implemented to the satisfaction of the City Planning Services. 28. Prior to demolition of any existing hotel buildings on the site, the completed DPR 523A and 523B forms and a cover memorandum shall be submitted to the City for filing to officially document the historical assessment for the Santa Anita Inn. This measure shall be implemented to the satisfaction of the City Planning Services. 29. While there is no known historical significance as that term is defined under CEQA, the applicant has proposed to install a plaque indicating the location of the former Santa Anita inn and its place in the history of the City of Arcadia. The size, construction, and location of this plaque shall be up to the discretion of the City Manager, in consultation with the Planning Services. 11 30. If cultural artifacts are discovered during project grading, work shall be halted in that area until a qualified historian or archaeologist can be retained by the developer to assess the significance of the find. The project cultural monitor shall observe the remaining earthmoving activities at the project site consistent with Public Resources Code Section 21083.2(b), (c), and (d). The monitor shall be equipped to record and salvage cultural resources that may be unearthed during grading activities. The monitor shall be empowered to temporarily halt or divert grading equipment to allow recording and removal of the unearthed resources. 31. If any resources of a prehistoric or Native American origin are discovered, the appropriate Native American tribal representative will be contacted and invited to observe the monitoring program for the duration of the grading phase at tribal expense. Any Native American resources shall be evaluated in accordance with the CEQA Guidelines and either reburied at the project site or curated at an accredited facility approved by the City of Arcadia. Once grading activities have ceased or the cultural monitor determines that monitoring is no longer necessary, such activities shall be discontinued. This measure shall be implemented to the satisfaction of the City Planning Services. 32. If paleontological resources (fossils) are discovered during project grading, work will be halted in that area until a qualified paleontologist can be retained to assess the significance of the find. The project paleontologist shall monitor remaining earthmoving activities at the project site and shall be equipped to record and salvage fossil resources that may be unearthed during grading activities. The paleontologist shall be empowered to temporarily halt or divert grading equipment to allow recording and removal of the unearthed resources. Any fossils found shall be evaluated in accordance with the CEQA Guidelines and offered for curation at an accredited facility approved by the City of Arcadia. Once grading activities have ceased or the paleontologist determines that monitoring is no longer necessary, monitoring activities shall be discontinued. This measure may be combined with CUL -3 at the discretion of the City Planning Services. 33. In the event of an accidental discovery or recognition of any human remains, California State Health and Safety Code § 7050.5 dictates that no further disturbance shall occur until the County Coroner has made the necessary findings as to origin and disposition pursuant to CEQA regulations and PRC § 5097.98. If human remains are found, the LA County Coroner's office shall be contacted to determine if the remains are recent or of Native American significance. Prior to issuance of a grading permit, the developer shall include a note to this effect on the grading plans for the project. 34. To ensure reductions below the expected "Business As Usual" (BAU) scenario, the project will implement a variety of measures that will reduce its greenhouse gas (GHG) emissions. To the extent feasible, and to the satisfaction of the City of Arcadia (City), the following measures will be incorporated into the design and construction of the SP -SP project prior to the issuance of building permits: Construction and Building Materials 12 • Recycle /reuse at least 50 percent of the demolished and/or grubbed construction materials (including, but not limited to, soil, vegetation, concrete, lumber, metal, and cardboard). • Use "Green Building Materials," such as those materials that are resource - efficient and are recycled and manufactured in an environmentally friendly way, for at least 10 percent of the project. Energy Efficiency Measures • Design all project buildings to exceed the 2013 California Building Code's (CBC) Title 24 energy standard by 10 percent, including, but not limited to, any combination of the following: • Design buildings to accommodate future solar installations as appropriate. • Limit air leakage through the structure or within the heating and cooling distribution system to minimize energy consumption. • Incorporate ENERGY STAR or better rated windows, space heating and cooling equipment, light fixtures, appliances, or other applicable electrical equipment. • Install efficient lighting and lighting control systems. Use daylight as an integral part of the lighting systems in buildings. • Install light - colored roofs and pavement materials where possible. • Install energy - efficient heating and cooling systems, appliances and equipment, and control systems. • Install solar lights or light- emitting diodes (LEDs) for outdoor lighting or outdoor lighting that meets the 2013 California Building and Energy Code. Water Conservation and Efficiency Measures Devise a comprehensive water conservation strategy appropriate for the project and its location consistent with the City's Water Efficiency Landscape Ordinance (WELD). The strategy may include the following, plus other innovative measures that may be appropriate: • Create water - efficient landscapes within the development. • Install water - efficient irrigation systems and devices, such as soil moisture - based irrigation controls. 13 • Design buildings to be water- efficient. Install water - efficient fixtures and appliances, including low -flow faucets, dual -flush toilets, and waterless urinals. • Restrict watering methods (e.g., prohibit systems that apply water to nonvegetated surfaces) and control runoff. Solid Waste Measures To facilitate and encourage recycling to reduce landfill- associated emissions, among others, the project will provide trash enclosures that include additional enclosed area(s) for collection of recyclable materials. The recycling collection area(s) will be located within, near, or adjacent to each trash and rubbish disposal area. The recycling collection area will be a minimum of 50 percent of the area provided for the trash /rubbish enclosure(s) or as approved by the City's Public Works Services Department. Provide employee education on waste reduction and available recycling services. Transportation Measures To facilitate and encourage non - motorized transportation, bicycle racks shall be provided in convenient locations to facilitate bicycle access to the project area. The bicycle racks shall be shown on project landscaping and improvement plans submitted for Planning Services approval and shall be installed in accordance with those plans. Provide pedestrian walkways and connectivity throughout the project Fund or participate in some type of shuffle service for hotel guests to access the City's downtown Gold Line Station. 35. Prior to demolition of any existing hotel buildings or associated structures, a qualified contractor shall be retained to survey structures proposed for demolition to determine if asbestos - containing materials (ACMs) and/or lead -based paint (LBP) are present. If ACMs and/or LBP are present, prior to commencement of general demolition, these materials shall be removed and transported to an appropriate landfill by a licensed contractor. This measure shall be implemented to the satisfaction of the City Building Services including written documentation of the disposal of any ACMs or LBP in conformance with all applicable regulations. 36. Prior to issuance of a grading permit, the developer shall file a Notice of Intent (NOI) with the Los Angeles Regional Water Quality Control Board to be covered under the National Pollutant Discharge Elimination System (NPDES) General Construction Permit for discharge of storm water associated with construction activities. The project developer shall submit to the City the Waste Discharge Identification Number issued by the State Water Quality Control Board (SWQCB) as proof that the project's NOI is to be covered by the General Construction Permit 14 has been filed with the SWQCB. This measure shall be implemented to the satisfaction of the City Engineer. 37. Prior to issuance of a grading permit, the developer shall submit to the Los Angeles Regional Water Quality Control Board (RWQCB) and receive approval for a project- specific Storm Water Pollution Prevention Plan ( SWPPP). The SWPPP shall include a surface water control plan and erosion control plan citing specific measures to control on -site and off -site erosion during the entire grading and construction period. In addition, the SWPPP shall emphasize structural and nonstructural best management practices (BMPs) to control sediment and non - visible discharges from the site. BMPs to be implemented may include (but shall not be limited to) the following: • Potential sediment discharges from the site may be controlled by the following: sandbags, silt fences, straw wattles, fiber rolls, a temporary debris basin (if deemed necessary), and other discharge control devices. The construction and condition of the BMPs are to be periodically inspected by the RWQCB during construction, and repairs would be made as required. • Area drains within the construction area must be provided with inlet protection. Minimum standards are sandbag barriers, or two layers of sandbags with filter fabric over the grate, properly designed standpipes, or other measures as appropriate. • Materials that have the potential to contribute non - visible pollutants to stormwater must not be placed in drainage ways and must be placed in temporary storage containment areas. • All loose soil, silt, clay, sand, debris, and other earthen material shall be controlled to eliminate discharge from the site. Temporary soil stabilization measures to be considered include: covering disturbed areas with mulch, temporary seeding, soil stabilizing binders, fiber rolls or blankets, temporary vegetation, and permanent seeding. Stockpiles shall be surrounded by silt fences and covered with plastic tarps. • Implement good housekeeping practices such as creating a waste collection area, putting lids on waste and material containers, and cleaning up spills immediately. • The SWPPP shall include inspection forms for routine monitoring of the site during the construction phase. • Additional required BMPs and erosion control measures shall be documented in the SWPPP. • The SWPPP would be kept on site for the duration of project construction and shall be available to the local Regional Water Quality Control Board for inspection at any time. 15 The developer and/or construction contractor shall be responsible for performing and documenting the application of BMPs identified in the project- specific SWPPP. Regular inspections shall be performed on sediment control measures called for in the SWPPP. Monthly reports shall be maintained and available for City inspection. An inspection log shall be maintained for the project and shall be available at the site for review by the City and the Regional Water Quality Control Board as appropriate. 38. Prior to issuance of a grading permit, a site - specific Standard Urban Stormwater Management Plan ( SUSMP) shall be submitted to the City Planning Division for review and approval. The SUSMP shall specifically identify the long -term site design, source control, and treatment control BMPs that shall be used on site to control pollutant runoff and to reduce impacts to water quality to the maximum extent practicable. At a minimum, the SUSMP shall identify and the site developer shall implement the following site design, source control, and treatment control BMPs as appropriate: Site Design BMPs • Minimize urban runoff by maximizing permeable areas and minimizing impermeable areas (recommended minimum 25 percent of site to be permeable). • Incorporate landscaped buffer areas between sidewalks and streets. • Maximize canopy interception and water conservation by planting native or drought - tolerant trees and large shrubs wherever possible. • Where soil conditions are suitable, use perforated pipe or gravel filtration pits for low flow infiltration. • Construct onsite ponding areas or retention facilities to increase opportunities for infiltration consistent with vector control objectives. • Construct streets, sidewalks and parking lot aisles to the minimum widths necessary, provided that public safety and a walkable environment for pedestrians are not compromised. • Direct runoff from impervious areas to treatment control BMPs such as landscaping /bioretention areas. Source Control BMPs Source control BMPs are implemented to eliminate the presence of pollutants through prevention. Such measures can be both non - structural and structural- Non-Structural Source Control BMPs • Education for property owners, tenants, occupants, and employees. • Activity restrictions. 16 • Irrigation system and landscape maintenance to minimize water runoff. • Common area litter control. • Regular mechanical sweeping of private streets and parking lots. • Regular drainage facility inspection and maintenance. Structural Source Control BMPs • Municipal Separate Storm Sewer System (MS4) stenciling and signage at stormdown drains. • Properly design trash storage areas and any outdoor material storage areas. Treatment Control BMPs Treatment control BMPs supplement the pollution prevention and source control measures by treating the water to remove pollutants before it is released from the project site. The treatment control BMP strategy for the project is to select Low Impact Development (LID) BMPs that promote infiltration and evapotranspiration, including the construction of infiltration basins, bioretention facilities, and extended detention basins. Where infiltration BMPs are not appropriate, bioretention and/or biotreatment BMPs (including extended detention basins, bioswales, and constructed wetlands) that provide opportunity for evapotranspiration and incidental infiltration may be utilized. Harvest and use BMPs (e.g., storage pods) may be used as a treatment control BMP to store runoff for later non - potable uses. 39. Prior to issuance of grading and building permits for each phase of the project, the developer shall prepare a Construction Noise Control Plan and will submit the plan to the City for review and approval. The plan shall include but will not be limited to the following; • During all project site excavation and grading, contractors shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers consistent with manufacturers' standards. • The project contractor shall place all stationary construction equipment so that emitted noise is directed away from the closest sensitive receptor to the project site (i.e., the Salvation Army facility at the southwest corner of the site). • The construction contractor shall locate equipment staging in areas that will create the greatest distance between construction - related noise sources and the closest noise - sensitive receptor to the project site (i.e., the Salvation Army facility at the southwest corner of the site) during all project construction. 17 • During all project site construction, the construction contractor shall limit all construction- related activities that would result in high noise levels to between the hours of 7:00 a.m, to 7:00 p.m. on weekdays and Saturdays. No construction shall be permitted on Sundays or any of the holidays listed in AMC Section 4261. • Prior to the start of Phase 2 grading, the developer shall install a wooden noise barrier along the common boundary of the project and the Salvation Army rehab facility at the southwest corner of the project site. This barrier shall be removed upon completion of Phase 2 construction. 40. Prior to the issuance of building permits for each phase, the developer shall demonstrate that all buildings shall have air - conditioning to minimize noise impacts on hotel rooms along West and East Huntington Drives. 41. Prior to the issuance of occupancy permits for the Phase 2 hotel condominium building, the developer shall install a filled -cell concrete block wall along the common boundary with the Salvation Army rehab facility at the southwest corner of the project site. In lieu of the temporary construction wall outlined in condition no. 39, the developer may install this permanent wall "early" (i.e., prior to issuance of occupancy permits for Phase 1) which would eliminate the need for that portion of condition no. 39. . 42. Prior to issuance of an occupancy permit for either hotel in Phase 1, the developer shall be responsible for installing an additional signal phase to accommodate northbound movements exiting the shared hotel driveway and southbound movements entering the hotel driveway. The developer will also change the number one lane to a shared through and left turn lane to access the driveway for the hotels and modify the signal to account for the added phases and lanes. These changes shall be made to the satisfaction of and in coordination with the City traffic engineer. 43. Prior to issuance of occupancy permits for either of the hotels or the hotel condominiums, the developer shall install bike racks and provide showers and locker rooms for employees who wish to ride bicycles to work. Bike racks shall also be installed for project guests in appropriate locations. An appropriate number of bike racks as determined by the City of Arcadia shall be located near each building to serve the anticipated number of employees and guests. This measure shall be implemented to the satisfaction of the City Engineer. 44. Prior to issuance of building permits for either Phase 1 or Phase 2, the project plans shall be circulated to Foothill Transit (FT) and the Metropolitan Transit Authority (MTA) to determine if there is a need for a bus stop on the south side of Colorado Place in front of the project site (e.g., for either FT Route 187 or MTA routes 78, 79, or 378). if either agency determines a need for such a stop, the developer shall install a bus stop to agency specifications prior to issuance of occupancy permits for the affected phase of development. This measure shall be implemented for each phase to the satisfaction of the City Engineer. Wt 45. Prior to issuance of occupancy permits for either hotel in Phase 1, the developer shall demonstrate that the main hotel entrance for Phase 1 has a circular drive with signage to allow only one way circulation (counter - clockwise) to provide adequate vehicle queuing lanes for exiting at the traffic signal. This measure shall be implemented to the satisfaction of the City Engineer. 46. Prior to issuance of a building permit for either hotel, the developer shall retain a qualified licensed civil engineer to conduct a sewer study to evaluate before and after conditions of the project on the City's existing sewer system (both lateral and main lines). This measure shall be implemented to the satisfaction of the City Public Works Services Department and the County Sanitation Districts of Los Angeles County as appropriate. 47. Prior to issuance of an occupancy permit for either hotel, the developer shall make a fair share contribution to the City to help fund upgrading of the existing sewer in West Huntington Drive included in the City's 2014 -15 Capital Improvement Project Plan budget, based on the results of the sewer study outlined in Mitigation Measure UTL -1. This measure shall be implemented to the satisfaction of the City Engineer and /or the City Public Works Services Department as appropriate. 48. Prior to issuance of an occupancy permit for either hotel, the developer shall also make a fair share contribution to the County Sanitation Districts of Los Angeles County for any trunk line improvements required to serve the project based on the results of the sewer study. This measure shall be implemented to the satisfaction of the City Public Works Services Department in consultation with the County Sanitation Districts of Los Angeles County as appropriate. 49. In accordance with the City's Transportation Fee Program, the applicant shall pay its development impact fees which will mitigate any cumulative impacts in the future at the westbound 1 -201 intersection at Santa Anita Avenue. 50. Prior to issuance of an occupancy permit for either hotel, the developer shall make a fair share contribution to fund project - related portions of any improvements needed to provide adequate electrical service to the project. This measure shall be implemented to the satisfaction of the City Public Works Services Department in consultation with Southern California Edison, 51. These conditions shall be deemed to be part of the Specific Plan and are fully incorporated therein by this reference. Notwithstanding any provisions or interpretations to the contrary, the Specific Plan shall remain subject to such amendment or termination as may be adopted by the City pursuant to its zoning authority. 19 Au;;ua, S, 1903 STAFF REPORT o ���niry of Development Services Department DATE: October 21, 2014 TO: Honorable Mayor and City Council FROM: Jason Kruckeberg, Assistant City Manager /Development Services Director SUBJECT: ORDINANCE NO. 2319 APPROVING AN AMENDMENT TO THE SEABISCUIT PACIFICA SPECIFIC PLAN (SP NO. 13 -02) TO MODIFY CONDITIONS OF APPROVAL FOR TWO NEW HOTELS AND A HOTEL CONDOMINIUM AT 130 W. HUNTINGTON DRIVE Recommendation: Introduce SUMMARY At the October 7, 2014, meeting, the City Council heard a request from Mr. Andy Chang of Seabiscuit Pacifica LLC to amend the recently approved Seabiscuit Pacifica Specific Plan. The request would eliminate a condition of approval that required a portion of the existing Santa Anita Inn to be demolished within three years of the issuance of a Certificate of Occupancy for Phase 1 of the project. During the discussion, the City Attorney raised concerns relative to the enforceability of the original condition of approval in question. As a result, the City Council voted to table the issue, and continued the item to the October 21, 2014, City Council Meeting. BACKGROUND The Seabiscuit Pacifica Specific Plan, approved by the City Council on March 18, 2014, includes the development of two hotels (Marriott Residence Inn and Fairfield Inn & Suites) that total 142,320 square feet of hotel space in two connected buildings, with a total of 210 rooms, and a hotel condominium tower with 50 units. These project components are to be developed in phases, with Phase 1 consisting of the two Marriott hotels and a remnant of the existing Santa Anita Inn (60 rooms plus a new lobby) remaining on site. Phase 2 is to be the demolition of the remnant of the Santa Anita Inn and the development of the hotel- condominium tower. The March 18 approval included a Specific Plan, a General Plan Amendment (GPA 14- 01), and a Zoning Change and Zoning Map Amendment (ZC 14 -01). The proposed amendment to the project simply requests the elimination of a condition of approval, modification of a second condition of approval, and addition of one new condition of approval for the Seabiscuit Pacifica Specific Plan. The modifications are intended to Ordinance No. 2319 amending SP 13 -02 -130 W. Huntington Drive October 21, 2014 Page 2 of 6 allow the applicant more flexibility in developing Phase 2 of the project. No other portions of the General Plan Amendment, Specific Plan, or Zone Change are impacted by this proposal. The conditions of approval requested to be changed are shown below; text to be removed is shown in strokethro ^h new proposed text is shown underlined and italicized. r ■ � 1 IN MI. ■ 1 • 1 • 1. The remodeling of the remaining portion of the Santa Anita Inn shall start prior to f^4ewir^ ^ ^rte +r. ^ +;r,r, the construction of Phase 1 and shall include, without limitation, a new lobby area within the existing building(s). Any changes or alteration to the building shall be subject to review and approval by the Development Services Director or designee, and additional design enhancements to the building, lobby, or parking area may be required. The commencement of Phase 2 shall be permitted only upon (i) the execution of a mutually binding development agreement between the developer and the City that allows the City to provide for the orderly regulation of condominium units within the Phase 2 hotel, or (ii) the City's prior adoption of an Ordinance providing for the orderly regulation of condominium units within the Phase 2 hotel. 2. These conditions shall be deemed to be part of the Specific Plan and are fully incorporated therein by this reference. Notwithstanding any provisions or interpretations to the contrary, the Specific Plan shall remain subiect to such amendment or termination as may be adopted by the City pursuant to its zoning authority. During discussion of this matter, the City Attorney raised concerns related to enforceability of the original Condition No. 1. As a result, the City Council tabled the matter and continued the item to the October 21, 2014, Council Meeting. DISCUSSION During City Council deliberations on the item at the October 7 public hearing, the City Attorney raised concerns that the condition requiring demolition of the remnant Santa Anita Inn would be problematic to enforce. It was reasoned that any condition requiring such demolition of a building in the absence of an associated Development Agreement for the project would be challenging if the property owner resisted such a condition. Since the October 7 hearing, the City Attorney has collaborated with Staff on a revision of this condition to provide more enforceability. The revised conditions are as follows, with new or changed text shown as underlined and italicized. Ordinance No. 2319 amending SP 13 -02 -130 W. Huntington Drive October 21, 2014 Page 3 of 6 1. When Developer proceeds with the construction of Phase 1, the buildings comprising the Santa Anita Inn and all uses not described in the Specific Plan for the subiect property shall be deemed to be non - conforminq buildings and non - conforminq uses. Buildings A and B of the Santa Anita Inn shall be demolished in order to construct the two new hotels in Phase 1. For the remaining buildings and uses of the remaining portion of the current Santa Anita Inn (buildings C through F), there shall be an amortization period for elimination of non - conforminq uses and demolition of non - conforminq buildings endinq three years followinq the issuance of a Certificate of Occupancy for the first of the two new hotels in Phase 1. On or before the end of such three year amortization period, all such non - conforminq uses shall cease and all such non - conforminq buildings shall be completely demolished. Notwithstandinq any provision herein to the contrary, all non - conforminq uses shall cease and non - conforminq buildings shall be completely demolished no later than five years followinq issuance of a demolition permit for Buildings A or B. 2. The remodeling of the portion of the Santa Anita Inn remaining shall start Genctri Gtien before the construction of Phase 1 and shall include, without limitation, a new lobby area within the existing building(s). Any changes or alteration to the building shall be subject to review and approval by the Development Services Director or designee, and additional design enhancements to the building, lobby, or parking area may be required. The commencement of Phase 2 shall be permitted only upon (i) the execution of a mutually binding development agreement between the developer and the City that allows the City to provide for the orderly regulation of condominium units within the Phase 2 hotel, or (ii) the City's prior adoption of an Ordinance providinq for the orderly regulation of condominium units within the Phase 2 hotel. 51. These conditions shall be deemed to be part of the Specific Plan and are fully incorporated therein by this reference. Notwithstanding any provisions or interpretations to the contrary, the Specific Plan shall remain subiect to such amendment or termination as may be adopted by the City pursuant to its zoninq authority. These revised conditions provide greater specificity by explicitly declaring that the remnant Santa Anita Inn will be considered a non - conforming use and non - conforming structure upon the initiation of construction of Phase 1 (demolition permit) whereas in the previous version, it was merely implied. Then, at the time of issuance of the first Certificate of Occupancy for one of the Marriott hotels, an amortization period would begin. Prior to the end of this period, the buildings must be demolished. The proposed condition places an amortization period on the remnant Santa Anita Inn of three years from the issuance of a Certificate of Occupancy and an overall time period for removal of all nonconforming structures and uses of five years following the issuance of demolition permit for Buildings A and B. The Developer is requesting more time for these amortization periods; a period of six years for the removal of the remnant of the Santa Anita Inn from the issuance of a Certificate of Occupancy, and a period of eight Ordinance No. 2319 amending SP 13 -02 -130 W. Huntington Drive October 21, 2014 Page 4 of 6 years from the issuance of a demolition permit for Buildings A and B. If the City Council wishes to extend the amortization period, this can be accomplished by simply changing the number of years; the remaining text of the revised conditions can remain as is. The conditions listed above have been incorporated into a revised Ordinance No. 2319. If the City Council wishes to take no action on this amendment, the original entitlement and conditions of approval will still be in full force and effect and no action on Ordinance No. 2319 would be needed. FINDINGS Section 9296.8 of the Arcadia Municipal Code requires that for a Specific Plan Amendment to be granted, it must be found that the following three findings of fact can be made in an affirmative manner: 1. The proposed specific plan or specific plan amendment is consistent with the General Plan, including the goals, objectives, policies, and action programs of the City's General Plan. Facts to Support the Finding: The subject site is identified in the General Plan as an expansion of the Downtown area for future urban development. As a result, the Specific Plan will provide for two new hotels and the first hotel condominium in the City, which will be required to be subject to the City's Transient Occupancy Tax (TOT) requirement. The proposed project will help revitalize the Downtown area of Arcadia, as well as contribute positively to the existing downtown setting. The Amendment does not change these facts; it merely modifies the conditions of approval for the project. Therefore, the proposed Specific Plan is consistent with the General Plan. 2. The proposed specific plan or specific plan amendment will not adversely affect the public health, safety and welfare or result in an illogical land use pattern. Facts to Support the Finding: The Initial Study /Mitigated Negative Declaration for the Specific Plan and General Plan Amendment analyzed all the potential impacts, and all the project's impacts are less than significant or can be reduced to less than significant level with the implementation of the recommended mitigation measures. The Specific Plan Amendment does not impact any of the mitigation measures for the project and an Addendum has been prepared that memorializes this. Therefore, the proposed project would not be detrimental to the public health and welfare. Instead, the proposed project will be a superior "landmark" development that will provide a statement on an important intersection in the City. 3. The specific plan or proposed specific plan amendment is a desirable planning tool to implement the provisions of the City's General Plan. Ordinance No. 2319 amending SP 13 -02 -130 W. Huntington Drive October 21, 2014 Page 5 of 6 Facts to Support the Finding: This proposed project is to be built over time and in two phases. Phasing involves many considerations; such as market demand, and the availability of financing. A Specific Plan can address these particular matters so that the hotels will be developed in a particular order. The intent of the Specific Plan is to ensure that he proposed project is developed in the right order, and by a set time table. ENVIRONMENTAL ASSESSMENT Pursuant to the provisions of the California Environmental Quality Act (CEQA), the Development Services Department prepared the attached Addendum to the approved Initial Study and Mitigated Negative Declaration (MND) for the proposed project (refer to Attachment No. 7). The Addendum concludes that there are no new impacts created by the project, no changed circumstances, and no need for any further environmental review than that which was provided along with the original project. The project with mitigation measures will have less- than - significant impacts for the following areas: Aesthetics, Air Quality, Biological Resources, Geology and Soils, Hazards and Hazardous Materials, Hydrology and Water Quality, Noise, Transportation /Traffic, and Utilities and Service Systems. A detailed review is included in the original Initial Study. The City has prepared a Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program (MMRP), which are also attached for reference. PUBLIC NOTICE /COMMENTS Public hearing notices for this item were mailed on September 25, 2014, to the property owners and tenants of those properties that are located within 300 feet of the subject property. Pursuant to the provisions of the California Environmental Quality Act (CEQA), the public hearing notice was published in the Arcadia Weekly on September 25, 2014, and referenced the Addendum to the approved Mitigation Negative Declaration. Staff did not receive any public comments on this project from residents. The project was continued from October 7, 2014, to a date certain of October 21, 2014, so no additional noticing was necessary. FISCAL IMPACT Part of the original approval of the Specific Plan included the expectation of a Development Agreement between the City and the applicant that was to include a loan provided to the applicant in the first five (5) years of the project. This loan was to be in the form of rebated TOT, and was to be repaid to the City, including interest, over a 10 year period. This loan request has been withdrawn by the applicant and the City will not be contributing financially to this project. As a result, this Specific Plan Amendment will provide a positive fiscal impact to the City sooner than in the original approval. Ordinance No. 2319 amending SP 13 -02 -130 W. Huntington Drive October 21, 2014 Page 6 of 6 RECOMMENDATION It is recommended that the City Council introduce Ordinance No. 2319 approving an amendment to the Seabiscuit Pacifica Specific Plan (SP No. 13 -02) to modify Conditions of Approval for two new hotels and a hotel condominium at 130 W. Huntington Drive, and approve an Addendum to the approved Mitigated Negative Declaration for the Seabiscuit Pacifica Specific Plan, subject to the aforementioned changes to the conditions of approval. Approved: Dominic Lazzar t City Manager Attachment No. 1: Ordinance No. 2319 Attachment No. 2: October 7, 2014 Staff Report to City Council Attachment No. 3: August 12, 2014 Letter Requesting Specific Plan Amendment Attachment No. 4: Proposed Design for the remodeled remaining portion of the Santa Anita Inn and relevant excerpts of the approved Specific Plan, including site plans showing Phase 1, landscape and parking plans showing Phase 1, and elevations. Attachment No. 5: Staff Report to Planning Commission on Amendment, dated September 9, 2014 Attachment No. 6: Minutes from the Planning Commission meeting of September 9, 2014 and Planning Commission Resolution No. 1914 Attachment No. 7: Staff Report to City Council for original project, dated March 18, 2014 Attachment No. 8: Addendum to the Mitigated Negative Declaration for an Amendment to the Seabiscuit Pacifica Specific Plan, including the original Mitigated Negative Declaration /Initial Study, and Mitigation Monitoring and Reporting Program Attachment No. 9: Specific Plan