HomeMy WebLinkAbout2319ORDINANCE 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 II, 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 NO. 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
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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
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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.
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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]
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Passed, approved and adopted this 4th day of November , 2014.
ATTEST.
City Cler
APPROVED AS TO FORM: ,
Stephen P. Deitsch
City Attorney
C.
Maydr 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.
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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
"Left 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.
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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.
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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.
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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
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• 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
(WELO). 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.
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• 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 shuttle 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
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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.
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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.
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• 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.
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• 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.
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.
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) SS:
CITY OF ARCADIA )
I, GENE GLASCO, City Clerk of the City of Arcadia, hereby certifies that the
foregoing Ordinance No. 2319 was passed and adopted by the City Council of the City of
Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said
Council held on the 4t" day of November, 2014 and that said Ordinance was adopted by
the following vote, to wit:
AYES: Council Member Beck, Kovacic, Tay and Wuo
NOES: Council Member Chandler
ABSENT: None
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City of the Ci of Arcadia