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HomeMy WebLinkAboutItem 1 - Staff Report with Atts. Nos. 1-11 (without no. 6)DATE: November 25, 2014 TO: Honorable Chairman and Planning Commission FROM: Jim Kasama, Community Development Administrator By: Nick Baldwin, Assistant Planner SUBJECT: RESOLUTION NO. 1917 – APPROVING CONDITIONAL USE PERMIT NO. CUP 14-12, MULTIPLE-FAMILY ARCHITECTURAL DESIGN REVIEW NO. MFADR 14-12, AND TENTATIVE TRACT MAP NO. TTM 72894 WITH A MITIGATED NEGATIVE DECLARATION PER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR A 17-UNIT RESIDENTIAL CONDOMINIUM DEVELOPMENT AT 132, 136, AND 142 LAS TUNAS DRIVE Recommendation: Adopt Resolution No. 1917 SUMMARY This project was continued from the October 14, 2014, Planning Commission meeting so that Planning Staff could address comments received from the South Coast Air Quality Management District (AQMD) regarding the air quality analysis within the Draft Initial Study/Mitigated Negative Declaration (IS/MND). Staff revised the IS/MND in response to the comments from the AQMD, and provided the revised document to the AQMD for review. On November 5, 2014, the AQMD replied, that after reviewing the revised IS/MND, they had no further comments. The applicant, Mr. Matt Waken, is proposing to demolish the existing auto repair shop, restaurant, and tattoo parlor that currently occupy the subject property (see Attachment No. 2 – Aerial Photo with Zoning Information, and Attachment No. 3 – Photos of the Subject Property) to accommodate a residential condominium development comprised of 17, three-story, townhouse-style units (see Attachment No. 4 – Proposed Plans). The proposal includes Zoning Modifications for tandem parking at four of the units, and for a height of ten feet for a 75-foot long portion of the easterly property line wall. The proposal is also subject to a Mitigated Negative Declaration (see Attachment No. 6) that addresses the environmental impacts of the project and reduces them to less than significant levels. It is recommended that the Planning Commission approve the proposed project and IS/MND, and adopt Resolution No. 1917 (Attachment No. 1). BACKGROUND The subject property is currently developed with buildings that were built from 1947- 1955, and that are occupied with an auto repair shop, a restaurant, and a tattoo parlor. Resolution No. 1917 – CUP 14-12, TTM 72894, & MFADR 14-12 132, 136, and 142 Las Tunas Drive November 25, 2014 – Page 2 of 16 This property is one of 12 between the convergence of West Live Oak Avenue and Las Tunas Drive to the east, and El Monte Avenue to the west, on which a Residential-Flex (R-F) Zoning Overlay was added by Ordinance No. 2317 in June of this year. The R-F Zoning Overlay does not replace the underlying C-2, General Commercial Zoning, but allows high-density, multiple-family residential development in place of commercial uses with the approval of a Conditional Use Permit. Prior to the creation of the R-F Overlay Zoning, the General Plan was amended to address the utilization of residential development in certain commercial and mixed-use areas as a catalyst for revitalization of those areas, and the following Policy was adopted: Policy LU-6.14: Target specific locations that may benefit from the development of stand-alone residential projects in commercial areas as a means to revitalize and rejuvenate these areas. Utilize a Residential-Flex Overlay Zone in specific areas as a method of encouraging residential development while preserving the land use rights of the base zoning designation and compatibility between uses. The Draft Initial Study/Mitigated Negative Declaration (IS/MND) (Attachment 6) was circulated to 15 responsible agencies, and notice of its availability for review were mailed to occupants and property owners within a 300-foot radius of the site on September 26, 2014. Staff received one response seeking additional information from the South Coast Air Quality Management District (AQMD) (see Attachment 7 – AQMD letter dated October 9, 2014). In order to provide adequate time for the applicant and staff to respond to the AQMD, the Planning Commission continued the public hearing for this item at the October 14, 2014 Planning Commission meeting to the November 25, 2014, meeting. The IS/MND were accordingly revised with the requested additional information, and sent to the AQMD on November 3, 2014. The AQMD responded by email on November 5, 2014 (see Attachment 8) stating that they have no further comments regarding this project. PROPOSAL The applicant is proposing to demolish the existing buildings and construct 17, three- story, townhouse-style, condominium units. The site will be arranged with a five-unit building that will front Las Tunas Drive, an 11-unit building along the west side of the lot with the southerly two units fronting W. Live Oak Avenue, and one detached unit will be located behind the five-unit building on the east side of the lot (see Attachment 4 – Proposed Plans). A driveway will provide vehicular access to all 17 units from W. Live Oak Avenue. Each unit will have an attached two-car garage, and the nine required guest parking spaces will be provided along the east side of the site. The proposal requires Zoning Modifications to allow the garages of four of the units, the two on the north end and the two on the south end of the 11-unit building along the west side of the lot to have tandem parking, and to allow a 75-foot long portion of the easterly property line wall to have a height of ten feet in lieu of the eight-foot maximum permitted for R-F properties adjacent to commercial uses. Resolution No. 1917 – CUP 14-12, TTM 72894, & MFADR 14-12 132, 136, and 142 Las Tunas Drive November 25, 2014 – Page 3 of 16 ANALYSIS The proposed residential development would be the first to take place within the area with the newly adopted Residential-Flex (R-F) Overlay Zone, which went into effect in June of this year. One of the provisions of the R-F regulations is that the residential uses are subject to a Conditional Use Permit. The purpose of this requirement is to assess on a case-by-case basis the compatibility of the proposed residential use within the commercial context of the R-F Overlay area. The subject site is a through lot with frontages on Las Tunas Drive and W. Live Oak Avenue. It is between a flood-control channel on the west side, across which is a senior housing complex, and on the east side is an auto body repair business (see Attachment 5 – Photos of the Surrounding Properties). The inherent conflicts between a residential use and an intense commercial use such as an auto repair facility indicated that there could be significant environmental impacts. As such, it was determined that the proposed project could not be exempted from the California Environmental Quality Act (CEQA) and an Initial Study (IS) was conducted, which indicated potentially significant impacts in several categories. It was determined that all of the potentially significant impacts could be mitigated to a less than significant level and a Mitigated Negative Declaration (MND) with a Mitigation Monitoring and Reporting Program (MMRP) was prepared (Attachment 6). The environmental analyses are discussed in the IS and MND, with the mitigation measures presented in the MMRP. The IS, MND, MMRP, and the supporting studies are provided as a separate accompanying document for this staff report. It was determined that with the mitigation measures, all impacts could be reduced to less than significant levels. The mitigation measures listed in the MMRP are included as conditions of approval. Zoning Modifications The proposed project requires Zoning Modifications for tandem parking at four of the units, and for a height of ten feet for a 75-foot long portion of the easterly property line wall. Four of the garages will have tandem parking spaces, the two units on the north end and the two units on the south end of the 11-unit building along the west side of the lot (see Attachment 4 – Proposed Plans). The tandem arrangement enables the two units at each end of the 11-unit building to have garages that are accessed by the main driveway. This avoids having a garage face W. Live Oak Avenue and affords a space for a trash and recyclables enclosure on the north end of the building. The inconvenience associated with having to move one car so that the other can exit from a tandem garage space is momentary and the maneuvering will be on site. The applicant has provided a list of other developments with tandem parking (Attachment 9 – Tandem Parking Examples). A block wall along the east property line will serve as a barrier between the proposed residential development and the existing auto repair business at the adjacent property. The R-F Overlay allows walls separating residential and commercial uses to be up to Resolution No. 1917 – CUP 14-12, TTM 72894, & MFADR 14-12 132, 136, and 142 Las Tunas Drive November 25, 2014 – Page 4 of 16 eight feet tall. The request to have this wall ten feet high is to provide more noise attenuation for the detached unit that is to be on the east side of the site. The Initial Study revealed that the proximity of this unit to the auto repair shop next door could result in noise impacts to the occupants of this unit. By increasing the height of the property line wall for a 75-foot long section at the location of the residential unit, the noise impact will be less than significant. The requested Modifications will secure an appropriate improvement of the lot. Conditional Use Permit Findings Section 9275.1.2 of the Arcadia Municipal Code requires that for a Conditional Use Permit to be granted, it must be found that all of the following prerequisite conditions can be satisfied: 1. That the granting of such Conditional Use Permit will not be detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity. The proposed residential condominium development is consistent with the Residential-Flex (R-F) Overlay Zoning regulations and the two Modifications are minor in nature and do not change the character of the project. The potential impacts that could be caused by this project were analyzed in the Initial Study/Mitigated Negative Declaration, and it was found that with mitigation measures all impacts would be at less than significant levels. 2. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized. The zoning of the project site is C-2, General Commercial with a Residential-Flex (R- F) Overlay. The R-F Overlay Zoning in Arcadia Municipal Code Section 9280 authorizes residential uses with an approved Conditional Use Permit. 3. That the site for the proposed use is adequate in size and shape to accommodate said use, and all yards, spaces, walls, fences, parking, loading, landscaping, and other features required to adjust said use with the land and uses in the neighborhood. The proposed project meets the Residential-Flex (R-F) Overlay Zoning regulations, except for the two Zoning Modifications. The proposed development is compatible with the neighboring uses, and approval of the two Zoning Modifications will adjust the design of the proposed project to the site and neighborhood. The mitigation measures listed in the Mitigation Monitoring and Reporting Program (MMRP) reduce all impacts associated with this project to less than significant levels. Therefore, the site is adequate in size and shape to accommodate the proposed residential condominium development and no additional adjustments of the use are necessary. 4. That the site abuts streets and highways adequate in width and pavement type to carry the kind of traffic generated by the proposed use. Resolution No. 1917 – CUP 14-12, TTM 72894, & MFADR 14-12 132, 136, and 142 Las Tunas Drive November 25, 2014 – Page 5 of 16 The site is located between Las Tunas Drive and W. Live Oak Avenue with Santa Anita Avenue and El Monte Avenue as the nearest cross streets. These streets are adequate in width and pavement type to carry the traffic that will be generated by the proposed residential condominium development. 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. The proposed residential development is consistent with the Residential-Flex (R-F) Overlay Zoning, which was enacted in accordance with a General Plan Amendment that was adopted to address the utilization of residential development in certain commercial and mixed-use areas as a catalyst for revitalization of those areas. The proposed project is consistent with the policy of encouraging residential development while preserving the land use rights of the base zoning designation and compatibility between uses, and is consistent with the current and envisioned character of the area. The proposal will not adversely affect the comprehensive General Plan. Architectural Design Review Concurrent with the Conditional Use Permit, the Planning Commission is to approve, conditionally approve, or deny the architectural design of the proposed project. The architectural style of the development is described as Modern – see Attachment 4 – Proposed Plans. The design uses a combination of three materials for the exterior walls; tile siding that has the appearance of maple and cedar wood siding, contrasting dark grey cement siding, and white stucco with a sand finish. The buildings also feature French doors at the entries and metal garage doors that will be finished to complement the overall design. The five units that will front Las Tunas Drive and the two units that will front W. Live Oak Avenue will have their entries oriented toward the street to encourage a pedestrian environment. The massing and scale of the proposed buildings are characteristic of multiple-family developments and are consistent with the residential development to the west of the site – see Attachment 5 for Photos of the Surrounding Properties. The architecture and landscaping of the proposed development are compatible with the surrounding uses and consistent with the City’s Multiple-Family Residential Design Guidelines. Tentative Tract Map The proposal includes a subdivision for condominium purposes of the proposed 17 units and the 0.82 acre site through the Tentative Tract Map process – see Attachment No. 10 – Tentative Tract Map No. 72894. The proposed subdivision complies with the subdivision regulations of the Arcadia Municipal Code and the State Subdivision Map Act, and will not violate any requirements of a California Regional Water Quality Control Board. The following two findings are required for approval of a Tentative Tract Map: 1. That the proposed subdivision, together with the provisions for its design and improvement, is consistent with the City’s General Plan. Resolution No. 1917 – CUP 14-12, TTM 72894, & MFADR 14-12 132, 136, and 142 Las Tunas Drive November 25, 2014 – Page 6 of 16 The proposed subdivision is consistent with the City’s General Plan to foster residential development in certain areas to act as a catalyst for revitalization of adjacent commercial uses. 2. That the discharge of waste from the proposed subdivision into the community sewer system will comply with existing requirements prescribed by a California Regional Water Quality Control Board. The Arcadia Public Works Services Department confirmed that the proposed development will be adequately served by the existing sewer infrastructure and the requirements of the California Regional Water Quality Control Board will be satisfied. ENVIRONMENTAL ASSESSMENT Pursuant to the provisions of the California Environmental Quality Act (CEQA), the Development Services Department prepared the attached Initial Study and Mitigated Negative Declaration (IS & MND) (Attachment 6) with a Mitigation Monitoring and Reporting Program (MMRP) for the proposed project. The IS identified potential impacts for the following areas: Air Quality, Biological Resources, Cultural Resources, Hazards/Hazardous Materials, and Noise. In accordance with Section 21091 of CEQA, and Section 15073 of the CEQA Guidelines, the IS & Draft MND for this project were circulated for public review and comments for 20 days on September 25, 2014 through October 14, 2014. On October 9, the South Coast Air Quality Management District (AQMD) provided a comment letter requesting additional information (see Attachment 7 – AQMD letter dated October 9, 2014). The City replied to the AQMD by letter and a revised version of the IS & MND on November 3, 2014. The AQMD responded by email on November 5, 2014 (see Attachment 8) stating that after reviewing the additional information, they have no further comments regarding this project. A detailed review of the impacts is included in the revised IS/MND. The proposal includes a number of design and construction measures that reduce all impacts to less than significant levels. These mitigation measures and the applicable regulatory requirements are included in the revised MND and MMRP, and are included as conditions of approval. PUBLIC NOTICE Public hearing notices for this item were mailed on September 26, 2014 to the property owners and tenants of those properties that are located within 300 feet of the subject property – see Attachment 11 – Radius Map. Pursuant to the provisions of the California Environmental Quality Act (CEQA), the public hearing notice and the Notice of Intent to Adopt a Mitigated Negative Declaration were published in the Arcadia Weekly on September 25, 2014, and filed with the L.A. County Recorder’s Office for the required 20-day posting on September 25, 2014. At the October 14, 2014, Planning Commission meeting, the public hearing for this project was continued to the November 25, 2014, meeting to provide time to respond to comments received from the South Coast Air Resolution No. 1917 – CUP 14-12, TTM 72894, & MFADR 14-12 132, 136, and 142 Las Tunas Drive November 25, 2014 – Page 7 of 16 Quality Management District. Since the public hearing was continued to a certain date, no further public notice was required. RECOMMENDATION It is recommended that the Planning Commission approve the proposed project and adopt the Mitigated Negative Declaration by adopting Resolution No. 1917, which includes the requisite findings and the following conditions of approval: 1. The applicant/property owner shall pay the following fees prior to approval of the final Tract Map: A Map Fee of $100.00 and a Final Approval Fee of $25.00 for a total of $125.00. 2. The proposed development will require a Standard Urban Stormwater Mitigation Plan (SUSMP). The applicant/property owner shall comply with the SUSMP as prescribed by the Los Angeles County Department of Public Works SUSMP Manual and the construction plans shall show the selected measures on the grading plan to the satisfaction of the City Engineer or designee. Please note that SUSMP requirements will be replaced with a Low Impact Development (LID) Ordinance that is currently under development. In summary, LID projects require that the project need to retain onsite Stormwater Quality Design Volume as runoff from 1) 0.75-inch, 24 hour rain event, or 2) 85th percentile, 24 hour rain event. 3. The existing curb, gutter, and sidewalk along Las Tunas Drive and W. Live Oak Avenue shall be removed and replaced per City of Arcadia Standards. 4. The existing driveway approaches along Las Tunas Drive and W. Live Oak Avenue shall be closed by the applicant/property owner and a new approach shall be constructed per City of Arcadia Standard 801-1 prior to obtaining final occupancy. 5. The applicant/property owner shall install new trees to be shown on the Grading Plan located in the parkway along Las Tunas Drive and W. Live Oak Avenue per the City of Arcadia Street Tree Master Plan. 6. The condominium development shall utilize the 8” cast iron water main with 61 PSI static pressure that is available on the south side of Las Tunas Drive for domestic water and/or fire services. The applicant/property owner shall provide calculations to determine the maximum domestic demand and maximum fire demand in order to verify the water service size required. The calculations shall be submitted to the Public Works Services Department prior to issuance of any permits. 7. The proposed project shall be served by a common domestic water meter and service capable of supplying sufficient water to meet all domestic and fire suppression needs of the total number of units. 8. A separate fire service with Double Check Detector Assembly shall be required as directed by the Fire Marshal if fire suppression is common to the complex. Resolution No. 1917 – CUP 14-12, TTM 72894, & MFADR 14-12 132, 136, and 142 Las Tunas Drive November 25, 2014 – Page 8 of 16 9. The applicant/property owner shall separate the fire service from domestic water service at each unit with an approved back flow prevention device if a common water service is to be used to supply both domestic water and fire sprinklers for each unit. 10. The proposed project shall require a separate water service and meter for common area landscape irrigation. 11. New water service, if necessary, shall be installed by the applicant/property owner. Installation shall be to the specifications of the Public Works Services Department, Engineering Division. Abandonment of the existing water service, if necessary, shall be completed by the applicant/property owner, according to Public Works Services Department specifications. 12. The applicant/property owner shall utilize the existing sewer lateral if possible. If any drainage fixture elevation is lower than the elevation of the next upstream manhole cover, an approved backwater valve is required. 13. An automatic sprinkler system shall be installed by the applicant/property owner per the City of Arcadia Fire Department Single & Multiple-Family Dwelling Sprinkler Standard prior to obtaining final occupancy. 14. Fire lanes shall be marked in an approved manner indicating “NO PARKING – FIRE LANE.” This language shall be noted on the Plan submitted for Plan Check. 15. Fire extinguishers of the 2A:10BC type shall be provided by the applicant/property owner on the first level prior to obtaining final occupancy. The maximum travel distance to any extinguisher shall not exceed 75 feet. 16. This project shall comply with Chapter 11-A of the 2013 California Building Code for residential accessibility and the Arcadia Multi-family Standards. 17. The prospective residents shall be notified by the applicant/property owner that they are living in an urban area and that the noise level may be higher than a typical residential area per the City’s Zoning Code for the Residential-Flex Overlay Zone, and the applicant/property owner shall confirm that the prospective residents did receive and understand this information. 18. The property owner/applicant shall submit a map detailing the route to be followed by construction vehicles making deliveries of equipment, materials, and soils to and from the site to Planning Services for review and approval prior to issuance of a grading permit. 19. The project shall be developed and maintained in a manner that is consistent with the plans submitted and conditionally approved for CUP 14-12, TTM 72894, and MFADR 14-12, subject to the approval of the Community Development Administrator or designee. Resolution No. 1917 – CUP 14-12, TTM 72894, & MFADR 14-12 132, 136, and 142 Las Tunas Drive November 25, 2014 – Page 9 of 16 20. 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. 21. Approval of CUP 14-12, MFADR 14-12, and TTM 72894 shall not be of effect unless on or before 30 calendar days after Planning Commission adoption of the Resolution, the property owner and applicant have executed and filed with the Community Development Administrator or designee an Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. Mitigation Measures and Regulatory Requirements 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. 22. Prior to the issuance of a building permit, the applicant shall prepare a lighting plan that provides the type and location of the proposed exterior lighting, subject to the review and approval of the City’s Development Services Department. 23. Demolition and grading for the Project shall be performed in compliance with South Coast Air Quality Management District (SCAQMD) Rule 403, Fugitive Dust. In addition, SCAQMD Rule 402 requires implementation of dust suppression techniques to prevent fugitive dust from creating a nuisance off-site. Contractor compliance with Rule 403 and Rule 402 requirements shall be mandated in the contractor’s specifications and shall include the measures listed below: a. Paved streets shall be swept at least once per day where there is evidence of dirt that has been carried onto the roadway. b. Watering trucks shall be used to minimize dust. Watering should be sufficient to confine dust plumes to the Project work areas. Active, disturbed areas shall have water applied to them three times daily. Resolution No. 1917 – CUP 14-12, TTM 72894, & MFADR 14-12 132, 136, and 142 Las Tunas Drive November 25, 2014 – Page 10 of 16 c. For disturbed soil surfaces that will be left inactive for four or more days, a chemical stabilizer shall be applied pursuant to the manufacturer’s instructions. d. For open soil storage piles that will remain on site for two or more days, water shall be applied once per hour or coverings shall be installed. e. All haul vehicles shall be covered or shall comply with the vehicle freeboard requirements of Section 23114 of the California Vehicle Code for both public and private roads. During high wind conditions (i.e., wind speeds in excess of 25 miles per hour), all earth moving activities shall cease or water shall be applied to soil not more than 15 minutes prior to disturbing such soil. f. The contractor shall prepare a construction air pollution control strategy report for review by the City’s Planning Services prior to the issuance of a building permit. g. The import and export of soils from the project site shall not occur on the same day. These activities shall be separated by at least one day to minimize fugitive dust. h. The applicant shall use Low-VOC architectural coatings for all buildings. At a minimum, all architectural coatings shall comply with the most recent standards in SCAQMD Rule 1113 – Architectural Coatings. i. The applicant shall require by contract that specifications that contractors shall utilize equipment registered under DOORS, the California Air Resources Board In-Use Off-Road Diesel Vehicle Registration program. This applies to all off-road vehicles that are 25 horsepower or greater. Contract specifications shall be included with the construction documents submitted for Plan Check. j. Prior to the issuance of a building permit, the applicant shall require by contract specifications that contractors shall utilize power poles or clean-fuel generators for electrical construction equipment. Contract specifications shall be included with the construction documents submitted for Plan Check. 24. The Project shall be built in accordance with the Title 24 Building Efficiency Standards and Title 24 Green Building Standards. 25. Should archaeological resources be found during ground-disturbing activities for the Project, an Archaeologist shall be hired to first determine whether it is a “unique archaeological resource” pursuant to Section 21083.2(g) of the California Public Resources Code (PRC) or a “historical resource” pursuant to Section 15064.5(a) of the State CEQA Guidelines. If the archaeological resource is determined to be a “unique archaeological resource” or a “historical resource”, the Archaeologist shall formulate a mitigation plan in consultation with the City of Arcadia that satisfies the requirements of the above-referenced sections. If the Archaeologist determines that the archaeological resource is not a “unique Resolution No. 1917 – CUP 14-12, TTM 72894, & MFADR 14-12 132, 136, and 142 Las Tunas Drive November 25, 2014 – Page 11 of 16 archaeological resource” or “historical resource”, s/he may record the site and submit the recordation form to the California Historic Resources Information System at the South Central Coastal Information Center (SCCIC) at California State University, Fullerton. 26. If human remains are encountered during excavation activities, all work shall halt in the immediate vicinity of the discovery and the County Coroner shall be notified (California Public Resources Code §5097.98). The Coroner shall determine whether the remains are of forensic interest. If the Coroner, with the aid of the Archaeologist approved by the City of Arcadia, determines that the remains are prehistoric, s/he will contact the Native American Heritage Commission (NAHC). The NAHC shall be responsible for designating the most likely descendant (MLD), who will be responsible for the ultimate disposition of the remains, as required by Section 7050.5 of the California Health and Safety Code. The MLD shall make his/her recommendation within 48 hours of being granted access to the site. The MLD’s recommendation shall be followed if feasible, and may include scientific removal and non-destructive analysis of the human remains and any items associated with Native American burials (California Health and Safety Code §7050.5). If the landowner rejects the MLD’s recommendations, the landowner shall rebury the remains with appropriate dignity on the property in a location that will not be subject to further subsurface disturbance (California Public Resources Code §5097.98). 27. Prior to issuance of building permits, the Developer shall submit plans and specifications to Building Services demonstrating to the Building Official’s or designee’s satisfaction that all residential units shall be provided with a means of mechanical ventilation, as required by the California Building Code for occupancy with windows closed. 28. Prior to the issuance of the building permit, the Developer shall ensure, through contract specifications, that the following construction best management practices (BMPs) will be implemented by contractors to reduce construction noise levels: a. Ensure that construction equipment is properly muffled according to industry standards and is in good working condition. b. Place noise-generating construction equipment and locate construction staging areas away from sensitive uses, where feasible. c. Implement noise attenuation measures to the extent feasible, which may include, but are not limited to, temporary noise barriers or noise blankets around stationary construction noise sources. d. Use electric air compressors and similar power tools rather than diesel equipment, where feasible. Resolution No. 1917 – CUP 14-12, TTM 72894, & MFADR 14-12 132, 136, and 142 Las Tunas Drive November 25, 2014 – Page 12 of 16 e. Turn off construction-related equipment, including heavy-duty equipment, motor vehicles, and portable equipment when not in use for more than 30 minutes. f. Clearly post construction hours, allowable workdays, and the phone number of the job superintendent at all construction entrances to allow for surrounding owners and residents to contact the job superintendent. If the City or the job superintendent receives a complaint, the superintendent shall investigate; take appropriate corrective action; and report the action taken to the reporting party. g. Include the contract specifications in construction documents, which shall be reviewed by the City prior to issuance of a grading or building permit (whichever is issued first). 29. All units shall be provided with means of mechanical ventilation, as required by the California Building Code, for occupancy when windows are closed. Noise levels from the mechanical equipment shall not exceed 55 dba at the property lines or beyond. 30. For units that share a common wall, the common wall shall be sound rated. A minimum STC of 50 is required. For units stacked upon another unit, the floor/ceiling shall be sound rated at STC of 50 or higher and impact protected with an impact isolation class rating of 50 or higher. All of these rating requirements shall be documented on the building plans submitted for Plan Check. 31. A portion of the wall along the east side of the property shall be 10 feet high to reduce the noise impact by 10 dB that is required to meet the maximum allowable interior noise level for residential uses. This portion of the wall will begin at guest parking space number 4 that is shown on the Site Plan and extend 75 feet northward. The applicant/property owner shall enter into and record with the Los Angeles County Recorder, in a form and substance approved by the City Attorney, a covenant that states that the entire wall will be lowered to and maintained at a 6 foot height if the adjacent property to the east is redeveloped with a residential use. This action shall be at the cost and expense solely of the applicant/property owner and shall be completed prior to the recordation of the final tract map. 32. A qualified biologist shall conduct nesting bird surveys in areas with suitable habitat prior to all construction or site preparation activities that would occur during the nesting and breeding season for native bird species (typically March 1 through August 15). The survey area shall include all potential bird nesting areas within 200 feet of any disturbance. The survey shall be conducted no more than three days prior to commencement of activities (e.g. grading). If active nests of bird species protected by the MBTA and/or California Fish and Game code (which, together, apply to all native nesting bird species) are present in the impact area or within 200 feet of the impact area, a temporary Resolution No. 1917 – CUP 14-12, TTM 72894, & MFADR 14-12 132, 136, and 142 Las Tunas Drive November 25, 2014 – Page 13 of 16 buffer fence shall be erected a minimum of 200 feet around the nest site. This temporary buffer may be greater or lesser depending on the bird species and type of disturbance, as determined by the biologist and/or applicable regulatory agency permits. Clearing and/or construction within temporarily fenced areas shall be postponed or halted until juveniles have fledged and there is no evidence of a second nesting attempt. The biologist shall serve as a construction monitor during those periods when disturbance activities will occur near active nest areas to ensure that no inadvertent impacts on these nests will occur. 33. In accordance with the California Code of Regulations (Title 8, Section 1541), if any construction, excavations, and new utility lines are proposed near or crossing existing high pressure pipelines, natural gas/petroleum pipelines, electrical lines greater than 60,000 volts, and other high priority lines are required to notify the owner/operator of the line and must identify the locations of subsurface lines prior to any ground disturbance for excavation. Coordination, approval, and monitoring by the owner/operator of the line would avoid damage to high priority lines and prevent the creation of hazards to the surrounding area. 34. Prior to demolition of any existing buildings or associated structures, a qualified contractor shall be retained to survey structures proposed for demolition to determine if asbestos-containing materials (ACM) and or lead based paint (LBP) are present. If ACM and/or LBP are present, prior to the 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 Official, including written documentation of the disposal of any ACMs or LBP in conformance with all applicable requirements. 35. Prior to the issuance of a grading permit, the developer shall file an Erosion and Sediment Control Plan (ESCP) and a Construction Waste Management Plan (CWMP) with the City for review and approval. This measure shall be implemented to the satisfaction of the City Engineer. 36. The project will have a Standard Stormwater Mitigation Plan (SUSMP) prepared for the project and submitted to the City for review and verification compliance. This measure shall be implemented to the satisfaction of the City Engineer. 37. The applicant shall comply with all applicable codes, ordinances, and regulations, including the most current edition of the California Fire Code and the City of Arcadia Municipal Code, regarding fire prevention and suppression measures; fire hydrants; fire access; water availability; and other, similar requirements. Prior to the issuance of building permits, the City of Arcadia Development Services Department and the Arcadia Fire Department shall verify compliance with applicable codes and that appropriate fire safety measures are included in the project design. All such codes and measures shall be implemented prior to occupancy. Resolution No. 1917 – CUP 14-12, TTM 72894, & MFADR 14-12 132, 136, and 142 Las Tunas Drive November 25, 2014 – Page 14 of 16 38. Prior to the issuance of a building permit, the applicant shall pay new development fees to the Arcadia Unified School District (AUSD) pursuant to Section 65995 of the California Government Code. As an option to the payment of developer fees, the AUSD and applicant can enter into a facility and funding agreement, if approved by both parties. Evidence that agreements have been executed shall be submitted to the Development Services Department, or fees shall be paid with each building permit. PLANNING COMMISSION ACTION Approval If the Planning Commission intends to approve this project, the Commission should move to approve the subject applications, and adopt the Mitigate Negative Declaration, stating that the proposal satisfies the requisite findings, and adopt the attached Resolution No. 1917 that incorporates the requisite findings and the conditions of approval as presented in this staff report, or as modified by the Commission. Denial If the Planning Commission intends to deny this proposal, the Commission should move to deny Conditional Use Permit Application No. CUP 14-12, Tentative Tract Map No. TTM 72894, and/or Design Review No. MFADR 14-12, state the finding(s) that the proposal does not satisfy with reasons based on the record, and direct staff to prepare a resolution for adoption at the next meeting that incorporates the Commission’s decision and specific findings. If any Planning Commissioner or other interested party have any questions or comments regarding this matter prior to the November 25, 2014 Planning Commission Meeting, please contact Assistant Planner, Nick Baldwin at (626) 574-5444, or nbaldwin@ArcadiaCA.gov. Approved: Attachment No. 1: Resolution No. 1917 Attachment No. 2: Aerial Photo with Zoning Information Attachment No. 3: Photos of the Subject Property Attachment No. 4: Architectural Plans Attachment No. 5: Photos of Surrounding Properties Resolution No. 1917 – CUP 14-12, TTM 72894, & MFADR 14-12 132, 136, and 142 Las Tunas Drive November 25, 2014 – Page 15 of 16 Attachment No. 6: Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program – Provided as a separate document with the following: 1. Appendix B – PM 2.5 Localized Significance Threshold Lookup Tables 2. Appendix C – Mass Rate LST Lookup Tables 3. Building, Structure, Object Report regarding Certificate of Demolition 4. City of Arcadia Zoning Map – Residential Flex-Overlay 5. City of Arcadia Land Use Map 6. City of Arcadia Noise Regulations 7. City of Arcadia Urban Water Management Plan 8. City of Arcadia Zoning Map 9. EIR Addendum 10. El Monte Airport Vicinity Map 11. Hydraulic Flow Test Summaries 12. Memorandum from Arcadia Public Works Dept. re Sewer Capacity 13. Notice of Intent – Recorded with the County of Los Angeles 14. Puente Hills Landfill Materials Recovery Facility Fact Sheet 15. SCAQMD Localized Significance Tables Thresholds 2006- 2008 16. SCAQMD Mass Daily Air Quality Significance Thresholds 17. Noise Impact Analysis 18. Phase I Environmental Site Assessment Report 19. Phase I Environmental Site Assessment Report, Appendix A 20. Phase I Environmental Site Assessment Report, Appendix G 21. Phase II Environmental Site Assessment Report 22. Phase II Environmental Site Assessment Report, Analytic Results 23. Exhibit 1: Site and Grading Plan 24. Exhibit 2: Photos of Subject Site and Vicinity 25. Disclosure Letter Attachment No. 7: AQMD Letter dated October 9, 2014 Attachment No. 8: Response to Comment Letter dated November 3, 2014 & AQMD Email dated November 5, 2014 Resolution No. 1917 – CUP 14-12, TTM 72894, & MFADR 14-12 132, 136, and 142 Las Tunas Drive November 25, 2014 – Page 16 of 16 Attachment No. 9: List of Multiple-Family Projects in Other Cities with Tandem Parking Attachment No. 10: Tentative Tract Map Attachment No. 11: 300-foot Radius Map RESOLUTION NO. 1917 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 14-12, MULTIPLE-FAMILY ARCHITECTURAL DESIGN REVIEW NO. MFADR 14-12, AND TENTATIVE TRACT MAP NO. TTM 72894 WITH A MITIGATED NEGATIVE DECLARATION PER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR A 17-UNIT RESIDENTIAL CONDOMINIUM DEVELOPMENT AT 132, 136, AND 142 LAS TUNAS DRIVE WHEREAS, on May 19, 2014, Mr. Matt Waken of Arcadia 17 Development, LLC, submitted an application for architectural design review (MFADR 14-12) for a 17-unit residential condominium development at 132, 136, and 142 Las Tunas; and WHEREAS, on July 14, 2014, Mr. Matt Waken of Arcadia 17 Development, LLC, submitted applications for a Conditional Use Permit (CUP 14-12) and a Tentative Tract Map (TTM 72894) to allow a 17-unit residential condominium development at 132, 136, and 142 Las Tunas Drive on a property with the Residential-Flex Overlay Zoning; and WHEREAS, on September 25, 2014, a Draft Initial Study/Mitigated Negative Declaration for the 17-unit residential condominium development (CUP 14-12, MFADR 14- 12, & TTM 72894) at 132, 136, and 142 Las Tunas Drive was circulated for public review and comments for 20-days from September 25, 2014 through October 14, 2014; and WHEREAS, on October 10, 2014, the sole comment received was a letter from the South Coast Air Quality Management District dated October 9, 2014 in regards to Air Quality analysis in the Initial Study/Mitigated Negative Declaration; and WHEREAS, on October 14, 2014, a duly noticed public hearing was held before the Planning Commission and the said applications, and the Initial Study/Mitigated Negative Declaration, including the Mitigation Monitoring and Reporting Program were continued to the hearing on November 25, 2014 to allow City Planning Staff to respond to comments; and 2 WHEREAS, City Planning Staff with the assistance of environmental consultant Alta Environmental revised the Initial Study/ Mitigated Negative Declaration and the associated Mitigation and Monitoring Reporting Program to provide improved clarity and enhanced analysis; WHEREAS, on November 3, 2014 City Planning Staff responded to the comments by South Coast Air Quality Management District by providing them the revised Initial Study/Mitigated Negative Declaration and associated Mitigation and Monitoring Reporting Program for their review; WHEREAS, on November 5, 2014 the South Coast Air Quality Management District sent City Planning Staff an e-mail stating that after reviewing the revised Initial Study/Mitigated Negative Declaration and associated Mitigation and Monitoring Reporting Program they had no further comment; WHEREAS, the Final Initial Study/Mitigated Negative Declaration concluded that the implementation of the Project will have less-than-significant impacts with mitigation measures for all categories, including Air Quality, Biological Resources, Cultural Resources, Hazards/Hazardous Materials, and Noise; and WHEREAS, a lead agency approves a Project requiring the implementation of measures to mitigate or avoid significant effects on the environment; and CEQA also requires a lead agency to adopt a Mitigation Monitoring and Reporting Program (MMRP) to ensure compliance with the mitigation measures during Project implementation, and such a MMRP has been prepared for the Project for consideration by the decision-maker of the City of Arcadia as lead agency for the Project; and WHEREAS, on November 25, 2014, a public hearing that was continued from the October 14, 2014 Planning Commission meeting was held before the Planning 3 Commission on said applications, and the Initial Study/Mitigated Negative Declaration, including the Mitigation Monitoring and Reporting Program, and at which time all interested persons were given full opportunity to be heard and to present evidence; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF ARCADIA HEREBY RESOLVES AS FOLLOWS: SECTION 1. That the factual data submitted by the Community Development Division in the staff report dated November 25, 2014, including the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program are true and correct. SECTION 2. This Commission finds, based upon the entire record: a. That the granting of such Conditional Use Permit will not be detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity. FACT: The proposed residential condominium development is consistent with the Residential-Flex Overlay Zoning regulations and the two required modifications are minor in nature and do not change the character of the project. The potential impacts that could be caused by this project were analyzed in the Initial Study/Mitigated Negative Declaration, and it was found that with mitigation measures all impacts would be at less than significant levels. b. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized. FACT: The zoning of the project site is C-2, General Commercial with a Residential-Flex (R-F) Overlay. The R-F Overlay Zoning in Arcadia Municipal Code Section 9280 authorizes residential uses with an approved Conditional Use Permit. 4 c. That the site for the proposed use is adequate in size and shape to accommodate said use, and all yards, spaces, walls, fences, parking, loading, landscaping, and other features required to adjust said use with the land and uses in the neighborhood. FACT: The proposed project meets the Residential-Flex (R-F) Overlay Zoning regulations, except for the two Zoning Modifications. The proposed development is compatible with the neighboring uses, and approval of the two Zoning Modifications will adjust the design of the proposed project to the site and neighborhood. The mitigation measures listed in the Mitigation Monitoring and Reporting Program (MMRP) reduce all impacts associated with this project to less than significant levels. Therefore, the site is adequate in size and shape to accommodate the proposed residential condominium development and no additional adjustments of the use are necessary. d. That the site abuts streets and highways adequate in width and pavement type to carry the kind of traffic generated by the proposed use. FACT: The site is located between Las Tunas Drive and W. Live Oak Avenue with Santa Anita Avenue and El Monte Avenue as the nearest cross streets. These streets are adequate in width and pavement type to carry the traffic that will be generated by the proposed residential condominium development. e. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. FACT: The proposed residential development is consistent with the Residential-Flex (R-F) Overlay Zoning, which was enacted in accordance with a General Plan Amendment that was adopted to address the utilization of residential development in certain commercial and mixed-use areas as a catalyst for revitalization of those areas. The proposed project is consistent with the policy of encouraging 5 residential development while preserving the land use rights of the base zoning designation and compatibility between uses, and is consistent with the current and envisioned character of the area. The proposal will not adversely affect the comprehensive General Plan. f. That the proposed subdivision, together with the provisions for its design and improvement, is consistent with the City’s General Plan. FACT: The proposed subdivision is consistent with the City’s General Plan to foster residential development in certain areas to act as a catalyst for revitalization of adjacent commercial uses. g. That the discharge of waste from the proposed subdivision into the community sewer system will comply with existing requirements prescribed by a California Regional Water Quality Control Board. FACT: The Arcadia Public Works Services Department confirmed that the proposed development will be adequately served by the existing sewer infrastructure and the requirements of the California Regional Water Quality Control Board will be satisfied. h. That pursuant to the provisions of the California Environmental Quality Act (CEQA), an Initial Study/Mitigated Negative Declaration, and Mitigation Monitoring and Reporting Program have been prepared for the proposed development, and that the Project will have less than significant impacts with mitigation measures. 6 SECTION 3. That for the foregoing reasons the Planning Commission approves Conditional Use Permit No. CUP 14-12, Multiple-Family Architectural Design Review No. MFADR 14-12, and Tentative Tract Map No. TTM 72894, and adopts the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for a 17-unit residential condominium development at 132, 136, and 142 Las Tunas Drive, subject to the conditions of approval attached hereto. SECTION 4. The Secretary shall certify to the adoption of this Resolution. Passed, approved and adopted this 14th day of October, 2014. Chairman, Planning Commission ATTEST: ______________________ Secretary APPROVED AS TO FORM: ______________________ Stephen P. Deitsch City Attorney 7 RESOLUTION NO. 1917 Conditions of Approval 1. The applicant/property owner shall pay the following fees prior to approval of the final Tract Map: A Map Fee of $100.00 and a Final Approval Fee of $25.00 for a total of $125.00. 2. The proposed development will require a Standard Urban Stormwater Mitigation Plan (SUSMP). The applicant/property owner shall comply with the SUSMP as prescribed by the Los Angeles County Department of Public Works SUSMP Manual and the construction plans shall show the selected measures on the grading plan to the satisfaction of the City Engineer or designee. Please note that SUSMP requirements will be replaced with a Low Impact Development (LID) Ordinance that is currently under development. In summary, LID projects require that the project need to retain onsite Stormwater Quality Design Volume as runoff from 1) 0.75-inch, 24 hour rain event, or 2) 85th percentile, 24 hour rain event. 3. The existing curb, gutter, and sidewalk along Las Tunas Drive and W. Live Oak Avenue shall be removed and replaced per City of Arcadia Standards. 4. The existing driveway approaches along Las Tunas Drive and W. Live Oak Avenue shall be closed by the applicant/property owner and a new approach shall be constructed per City of Arcadia Standard 801-1 prior to obtaining final occupancy. 5. The applicant/property owner shall install new trees to be shown on the Grading Plan located in the parkway along Las Tunas Drive and W. Live Oak Avenue per the City of Arcadia Street Tree Master Plan. 6. The condominium development shall utilize the 8” cast iron water main with 61 PSI static pressure that is available on the south side of Las Tunas Drive for domestic water and/or fire services. The applicant/property owner shall provide calculations to determine the maximum domestic demand and maximum fire demand in order to verify the water service size required. The calculations shall be submitted to the Public Works Services Department prior to issuance of any permits. 7. The proposed project shall be served by a common domestic water meter and service capable of supplying sufficient water to meet all domestic and fire suppression needs of the total number of units. 8. A separate fire service with Double Check Detector Assembly shall be required as directed by the Fire Marshal if fire suppression is common to the complex. 9. The applicant/property owner shall separate the fire service from domestic water service at each unit with an approved back flow prevention device if a common water service is to be used to supply both domestic water and fire sprinklers for each unit. 10. The proposed project shall require a separate water service and meter for common area landscape irrigation. 8 11. New water service, if necessary, shall be installed by the applicant/property owner. Installation shall be to the specifications of the Public Works Services Department, Engineering Division. Abandonment of the existing water service, if necessary, shall be completed by the applicant/property owner, according to Public Works Services Department specifications. 12. The applicant/property owner shall utilize the existing sewer lateral if possible. If any drainage fixture elevation is lower than the elevation of the next upstream manhole cover, an approved backwater valve is required. 13. An automatic sprinkler system shall be installed by the applicant/property owner per the City of Arcadia Fire Department Single & Multiple-Family Dwelling Sprinkler Standard prior to obtaining final occupancy. 14. Fire lanes shall be marked in an approved manner indicating “NO PARKING – FIRE LANE.” This language shall be noted on the Plan submitted for Plan Check. 15. Fire extinguishers of the 2A:10BC type shall be provided by the applicant/property owner on the first level prior to obtaining final occupancy. The maximum travel distance to any extinguisher shall not exceed 75 feet. 16. This project shall comply with Chapter 11-A of the 2013 California Building Code for residential accessibility and the Arcadia Multi-family Standards. 17. The prospective residents shall be notified by the applicant/property owner that they are living in an urban area and that the noise level may be higher than a typical residential area per the City’s Zoning Code for the Residential-Flex Overlay Zone, and the applicant/property owner shall confirm that the prospective residents did receive and understand this information. 18. The property owner/applicant shall submit a map detailing the route to be followed by construction vehicles making deliveries of equipment, materials, and soils to and from the site to Planning Services for review and approval prior to issuance of a grading permit. 19. The project shall be developed and maintained in a manner that is consistent with the plans submitted and conditionally approved for CUP 14-12, TTM 72894, and MFADR 14-12, subject to the approval of the Community Development Administrator or designee. 20. 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 9 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. 21. Approval of CUP 14-12, MFADR 14-12, and TTM 72894 shall not be of effect unless on or before 30 calendar days after Planning Commission adoption of the Resolution, the property owner and applicant have executed and filed with the Community Development Administrator or designee an Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. Mitigation Measures and Regulatory Requirements 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. 22. Prior to the issuance of a building permit, the applicant shall prepare a lighting plan that provides the type and location of the proposed exterior lighting, subject to the review and approval of the City’s Development Services Department. 23. Demolition and grading for the Project shall be performed in compliance with South Coast Air Quality Management District (SCAQMD) Rule 403, Fugitive Dust. In addition, SCAQMD Rule 402 requires implementation of dust suppression techniques to prevent fugitive dust from creating a nuisance off-site. Contractor compliance with Rule 403 and Rule 402 requirements shall be mandated in the contractor’s specifications and shall include the measures listed below: a. Paved streets shall be swept at least once per day where there is evidence of dirt that has been carried onto the roadway. b. Watering trucks shall be used to minimize dust. Watering should be sufficient to confine dust plumes to the Project work areas. Active, disturbed areas shall have water applied to them three times daily. c. For disturbed soil surfaces that will be left inactive for four or more days, a chemical stabilizer shall be applied pursuant to the manufacturer’s instructions. d. For open soil storage piles that will remain on site for two or more days, water shall be applied once per hour or coverings shall be installed. e. All haul vehicles shall be covered or shall comply with the vehicle freeboard requirements of Section 23114 of the California Vehicle Code for both public and private roads. During high wind conditions (i.e., wind speeds in excess of 25 miles per hour), all earth moving activities shall cease or water shall be applied to soil not more than 15 minutes prior to disturbing such soil. 10 f. The contractor shall prepare a construction air pollution control strategy report for review by the City’s Planning Services prior to the issuance of a building permit. g. The import and export of soils from the project site shall not occur on the same day. These activities shall be separated by at least one day to minimize fugitive dust. h. The applicant shall use Low-VOC architectural coatings for all buildings. At a minimum, all architectural coatings shall comply with the most recent standards in SCAQMD Rule 1113 – Architectural Coatings. i. The applicant shall require by contract that specifications that contractors shall utilize equipment registered under DOORS, the California Air Resources Board In-Use Off-Road Diesel Vehicle Registration program. This applies to all off-road vehicles that are 25 horsepower or greater. Contract specifications shall be included with the construction documents submitted for Plan Check. j. Prior to the issuance of a building permit, the applicant shall require by contract specifications that contractors shall utilize power poles or clean-fuel generators for electrical construction equipment. Contract specifications shall be included with the construction documents submitted for Plan Check. 24. The Project shall be built in accordance with the Title 24 Building Efficiency Standards and Title 24 Green Building Standards. 25. Should archaeological resources be found during ground-disturbing activities for the Project, an Archaeologist shall be hired to first determine whether it is a “unique archaeological resource” pursuant to Section 21083.2(g) of the California Public Resources Code (PRC) or a “historical resource” pursuant to Section 15064.5(a) of the State CEQA Guidelines. If the archaeological resource is determined to be a “unique archaeological resource” or a “historical resource”, the Archaeologist shall formulate a mitigation plan in consultation with the City of Arcadia that satisfies the requirements of the above-referenced sections. If the Archaeologist determines that the archaeological resource is not a “unique archaeological resource” or “historical resource”, s/he may record the site and submit the recordation form to the California Historic Resources Information System at the South Central Coastal Information Center (SCCIC) at California State University, Fullerton. 26. If human remains are encountered during excavation activities, all work shall halt in the immediate vicinity of the discovery and the County Coroner shall be notified (California Public Resources Code §5097.98). The Coroner shall determine whether the remains are of forensic interest. If the Coroner, with the aid of the Archaeologist approved by the City of Arcadia, determines that the remains are prehistoric, s/he will contact the Native American Heritage Commission (NAHC). The NAHC shall be responsible for designating the most 11 likely descendant (MLD), who will be responsible for the ultimate disposition of the remains, as required by Section 7050.5 of the California Health and Safety Code. The MLD shall make his/her recommendation within 48 hours of being granted access to the site. The MLD’s recommendation shall be followed if feasible, and may include scientific removal and non-destructive analysis of the human remains and any items associated with Native American burials (California Health and Safety Code §7050.5). If the landowner rejects the MLD’s recommendations, the landowner shall rebury the remains with appropriate dignity on the property in a location that will not be subject to further subsurface disturbance (California Public Resources Code §5097.98). 27. Prior to issuance of building permits, the Developer shall submit plans and specifications to Building Services demonstrating to the Building Official’s or designee’s satisfaction that all residential units shall be provided with a means of mechanical ventilation, as required by the California Building Code for occupancy with windows closed. 28. Prior to the issuance of the building permit, the Developer shall ensure, through contract specifications, that the following construction best management practices (BMPs) will be implemented by contractors to reduce construction noise levels: a. Ensure that construction equipment is properly muffled according to industry standards and is in good working condition. b. Place noise-generating construction equipment and locate construction staging areas away from sensitive uses, where feasible. c. Implement noise attenuation measures to the extent feasible, which may include, but are not limited to, temporary noise barriers or noise blankets around stationary construction noise sources. d. Use electric air compressors and similar power tools rather than diesel equipment, where feasible. e. Turn off construction-related equipment, including heavy-duty equipment, motor vehicles, and portable equipment when not in use for more than 30 minutes. f. Clearly post construction hours, allowable workdays, and the phone number of the job superintendent at all construction entrances to allow for surrounding owners and residents to contact the job superintendent. If the City or the job superintendent receives a complaint, the superintendent shall investigate; take appropriate corrective action; and report the action taken to the reporting party. g. Include the contract specifications in construction documents, which shall be reviewed by the City prior to issuance of a grading or building permit (whichever is issued first). 12 29. All units shall be provided with means of mechanical ventilation, as required by the California Building Code, for occupancy when windows are closed. Noise levels from the mechanical equipment shall not exceed 55 dba at the property lines or beyond. 30. For units that share a common wall, the common wall shall be sound rated. A minimum STC of 50 is required. For units stacked upon another unit, the floor/ceiling shall be sound rated at STC of 50 or higher and impact protected with an impact isolation class rating of 50 or higher. All of these rating requirements shall be documented on the building plans submitted for Plan Check. 31. A portion of the wall along the east side of the property shall be 10 feet high to reduce the noise impact by 10 dB that is required to meet the maximum allowable interior noise level for residential uses. This portion of the wall will begin at guest parking space number 4 that is shown on the Site Plan and extend 75 feet northward. The applicant/property owner shall enter into and record with the Los Angeles County Recorder, in a form and substance approved by the City Attorney, a covenant that states that the entire wall will be lowered to and maintained at a 6 foot height if the adjacent property to the east is redeveloped with a residential use. This action shall be at the cost and expense solely of the applicant/property owner and shall be completed prior to the recordation of the final tract map. 32. A qualified biologist shall conduct nesting bird surveys in areas with suitable habitat prior to all construction or site preparation activities that would occur during the nesting and breeding season for native bird species (typically March 1 through August 15). The survey area shall include all potential bird nesting areas within 200 feet of any disturbance. The survey shall be conducted no more than three days prior to commencement of activities (e.g. grading). If active nests of bird species protected by the MBTA and/or California Fish and Game code (which, together, apply to all native nesting bird species) are present in the impact area or within 200 feet of the impact area, a temporary buffer fence shall be erected a minimum of 200 feet around the nest site. This temporary buffer may be greater or lesser depending on the bird species and type of disturbance, as determined by the biologist and/or applicable regulatory agency permits. Clearing and/or construction within temporarily fenced areas shall be postponed or halted until juveniles have fledged and there is no evidence of a second nesting attempt. The biologist shall serve as a construction monitor during those periods when disturbance activities will occur near active nest areas to ensure that no inadvertent impacts on these nests will occur. 33. In accordance with the California Code of Regulations (Title 8, Section 1541), if any construction, excavations, and new utility lines are proposed near or crossing existing high pressure pipelines, natural gas/petroleum pipelines, electrical lines greater than 60,000 volts, and other high priority lines are 13 required to notify the owner/operator of the line and must identify the locations of subsurface lines prior to any ground disturbance for excavation. Coordination, approval, and monitoring by the owner/operator of the line would avoid damage to high priority lines and prevent the creation of hazards to the surrounding area. 34. Prior to demolition of any existing buildings or associated structures, a qualified contractor shall be retained to survey structures proposed for demolition to determine if asbestos-containing materials (ACM) and or lead based paint (LBP) are present. If ACM and/or LBP are present, prior to the 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 Official, including written documentation of the disposal of any ACMs or LBP in conformance with all applicable requirements. 35. Prior to the issuance of a grading permit, the developer shall file an Erosion and Sediment Control Plan (ESCP) and a Construction Waste Management Plan (CWMP) with the City for review and approval. This measure shall be implemented to the satisfaction of the City Engineer. 36. The project will have a Standard Stormwater Mitigation Plan (SUSMP) prepared for the project and submitted to the City for review and verification compliance. This measure shall be implemented to the satisfaction of the City Engineer. 37. The applicant shall comply with all applicable codes, ordinances, and regulations, including the most current edition of the California Fire Code and the City of Arcadia Municipal Code, regarding fire prevention and suppression measures; fire hydrants; fire access; water availability; and other, similar requirements. Prior to the issuance of building permits, the City of Arcadia Development Services Department and the Arcadia Fire Department shall verify compliance with applicable codes and that appropriate fire safety measures are included in the project design. All such codes and measures shall be implemented prior to occupancy. 38. Prior to the issuance of a building permit, the applicant shall pay new development fees to the Arcadia Unified School District (AUSD) pursuant to Section 65995 of the California Government Code. As an option to the payment of developer fees, the AUSD and applicant can enter into a facility and funding agreement, if approved by both parties. Evidence that agreements have been executed shall be submitted to the Development Services Department, or fees shall be paid with each building permit.   Attachment No. 6 Attachment No. 6 Initial Study/ Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (Provided as a Separate Document)   Attachment No. 7 Attachment No. 7 AQMD Letter dated October 9, 2014 South Coast Air Quality Management District 21865 Copley Drive, Diamond Bar, CA 91765-4178 (909) 396-2000 • www.aqmd.gov SENT VIA E-MAIL AND USPS: October 9, 2014 NBaldwin@ArcadiaCA.gov Mr. Nick Baldwin, Assistant Planner City of Arcadia Planning Department 2240 W. Huntington Drive Arcadia, CA 91006 Draft Initial Study/Mitigated Negative Declaration (Draft IS/MND) for the Proposed Arcadia 17 Residential Condominium Project (CUP No. 14-2; Tentative Tract Map No. 72894; and MFADR 14-12) The South Coast Air Quality Management District (SCAQMD) staff appreciates the opportunity to comment on the above-mentioned document. The following comments are meant as guidance for the Lead Agency and should be incorporated into the Final CEQA document. Project Description In the Draft IS/MND (DMND), the Lead Agency proposes demolition of the existing business structures and construction of 17 condominium residences in three, 3-story buildings. In the project description and the air quality section, the proposed project includes demolition of at least three existing commercial buildings and a surface parking area but does not include the amount of debris tonnage, the number of total truck trips to remove the debris, or the hauling distances to the debris location site and its locations. The total site acreage and the amount of daily soil disturbance should also be included in the Final MND. The approximate size of the buildings should be described including any subterranean parking if applicable. If there is excavation involved, cut or fill activities, these activities should be discussed in sufficient detail in the Final MND and also be incorporated in the air quality emission estimates. This would include any soil exported from the site or imported, for example, to remediate any soil that shows contamination. The phases and applicable timelines should also be included in the Final MND. Documentation In the Air Quality Section, the Lead Agency determined that project regional and localized air quality impacts were less than significant during construction and operational activities. The SCAQMD staff has concerns that these determinations were made without adequate documentation included in the DMND or the technical appendices that accompanied the draft CEQA document circulated for public review. On Mr. Nick Baldwin, 2 October 9, 2014 Assistant Planner pages six and seven of the DMND, the Lead Agency cites using the California Emissions Estimator Land Use Model (CalEEMod) 1 to estimate construction and operational emission impacts and cites comparing those estimates with the SCAQMD thresholds. Although discussed in the narration, the construction and operational estimates, significance thresholds for regional and localized impacts were not included in the DMND. It is also not clear how the localized emissions were estimated since ROG emissions are not estimated and the Lead Agency states that the proposed project will comply with “the majority” of the LST’s recommended. Guidance for evaluating localized impacts is located at the SCAQMD website. 2 At a minimum, the Final MND should include sufficient information to support these findings. For the regional and localized analyses, summary information could be included in a table, the narration or part of an appendix. The modeling output sheets could also be included as an attachment to an appendix. Otherwise, the Lead Agency has not provided adequate documentation to demonstrate that project short- and long-term air quality impacts are less than significant. Should the Lead Agency conclude after further analyzes that construction or operational air quality impacts exceed the SCAQMD daily significance thresholds, staff has compiled mitigation measures3 in addition to the mitigation included in the DMND starting on page six of the DMND to be implemented if the air quality impacts are determined to be significant. SCAQMD Rules and Regulations Since the project site includes previous land uses that may have impacted soils in the ground, the Lead Agency should cite SCAQMD Rule 1166 – Volatile Organic Compound Emissions From Decontamination of Soil if equipment will disturb the soils that contain hydrocarbon. In addition, Final MND should discuss Rule 402 – Nuisance from potential odors that could potentially come from the auto-body shop located next to the proposed site. Finally, the Final MND should discuss potential health risks to the proposed residents from the existing auto body shop since toxic air contaminants may be emitted from the on-going auto body shop operations. Finally, it is recommended that the lead agency evaluate localized air quality impacts since it is noted on page eight in the Draft MND and in an aerial map inspection, the proposed project is located within one-quarter mile of sensitive receptors (multi-family and single-family residential properties) southeast and south of the proposed project. Therefore, the SCAQMD staff requests that the lead agency evaluate localized air quality impacts to ensure that any nearby sensitive receptors are not adversely affected by the construction activities that are occurring in close proximity. SCAQMD guidance for performing a localized air quality analysis can also be found at the SCAQMD website. 1 http://www.aqmd.gov/ceqa/models.html 2 http://www.aqmd.gov/ceqa/handbook/LST/LST.html 3 http://www.aqmd.gov/ceqa/handbook/mitigation/MM_intro.html Mr. Nick Baldwin, 3 October 9, 2014 Assistant Planner Please provide the SCAQMD with written responses to all comments contained herein prior to the adoption of the Final MND. The SCAQMD staff is available to work with the Lead Agency to address these issues and any other questions that may arise. Please contact Gordon Mize, Air Quality Specialist – CEQA Section, at (909) 396-3302, if you have any questions regarding these comments. Sincerely, Jillian Baker Jillian Baker, Ph.D. Program Supervisor Planning, Rule Development & Area Sources JB:GM LAC140930-06 Control Number     Attachment No. 8 Attachment No. 8 Response to Comments Letter dated November 3, 2014 and AQMD Email dated November 5, 2014 Alta Environmental 3777 Long Beach Boulevard Annex Building Long Beach CA 90807 United States of America T (562) 495 5777 F (562) 495 5877 Toll-free (800) 777-0605 altaenviron.com November 3, 2014 South Coast Air Quality Management District Jillian Baker, PHD 21865 Copley Drive Diamond Bar, CA 91765-4178 Re: Response Letter regarding Arcadia 17 (CUP No. 14-12, Tentative Tract Map No. 72894, and Multi-Family Architectural Design Review No. MFADR 14-12), City of Arcadia Dear Dr. Baker: The following letter is in response your letter dated October 9, 2014 regarding the Arcadia 17 draft Initial Study/Mitigated Negative Declaration (IS/MND). As a result of your comments, the City of Arcadia has decided to revised the IS/MND to better detail the project and the rule requirements that this project will be subject to. Pursuant to 14 Cal Code Regs Section 15073.5(c)(2), new mitigation measures may be adopted without triggering recirculation if they are added in response to comments on environmental impacts already identified in the negative declaration. Since these new rule requirements are related to previously environmental impacts that were identified, the Initial Study does not need to be recirculated according to the California Environmental Quality Act (CEQA) regulations. The following discusses the specific revisions based on your comments. Project Description The project description has been revised to include a discussion on the amount of grading, filling and excavation required for the project. There will be 2,216 cubic yards of grading, 1,766 cubic yards of fill and 450 cubic yards of demo debris that will have to be hauled off-site. The project is anticipated to take demo debris to the Puente Hills Recovery Facility in Whittier which is about 20 miles away. The project was evaluated based on an estimated start construction date of 2015 . The construction schedule is anticipated to last about 10 months. Each phase will require a different blend of equipment to complete the work. The CalEEMod prepared for this project includes a detailed list of each piece of equipment, size, hours and load factor. The final project is based 17 dwelling units that are 3 stories each. There will be no subterranean parking. The project analysis is based on a new floor surface area of 42,513 ft2. 2 Documentation The City of Arcadia completed a CalEEMod based on 0.82 acres and 0.5 acres of disturbed surface area. The CalEEMod model analyzed emissions from demolition, site preparation, grading, building construction, architectural coating and paving. The emissions were evaluated for ROG, NOx, CO, SOx, Fugitive PM10, Fugitive PM2.5 and Exhaust PM2.5 .The results of the short term (construction) and long term (operational) emissions have been incorporated into the IS/MND. The summary tables are now included in the IS/MND and detail the total emissions and compare them to the significants thresholds. The results demonstrate the total emissions from the short term construction and long-term operational emissions are below the significance threshold and support the findings of the IS/MND. A copy of the CalEEMod model will be attached to the IS/MND. SCAQMD Rules and Regulations The developer completed a Phase I and Phase II site assessment for the property. The Phase II study was performed by PIC Environmental Services on January 17, 2014 to determine if elevated concentrations of petroleum hydrocarbons, metals or volatile organic compounds were present. Borings were taken and analysed. Based on the results of this data, the project is not anticipated to have significant concentration of the tested constituents. As a result, it is not anticipated that the provisions of SCAQMD Rule 1166 – Volatile Organic Compound Emissions from Decontamination of Soil will be needed. If during the course of the project it is discovered that the soil has VOC’s then the project will comply with the appropriate rule requirements. The SCAQMD comments requested that Rule 402 be addressed. Section III(e) of the IS/MND requires a discussion of odors and their impact. A discussion has been added to this section which addresses Rule 402 and the City Public Nuisance requirements regarding the applicability of these rules to this project. It is our understanding the district is concerned with potential odors that could potentially come from auto- body shop located next to the proposed site. To address any potential issues, the applicant has agreed and the IS/MND has been revised to include a disclosure letter. The disclosure letter will be provided to the buyers and discloses the adjacent land use and potential for odors. Please see the attached draft disclosure letter. We appreciate this opportunity to provide this response. Please do not hesitate to call me at (562) 495-5777 should you have any question or concerns. For and on behalf of Alta Environmental Scott Taylor, CPP Vice President, Air Compliance Services 1 Nicholas Baldwin From:Gordon Mize <gmize@aqmd.gov> Sent:Wednesday, November 05, 2014 5:26 PM To:Nicholas Baldwin Subject:RE: Arcadia 17 Residential Condominium Project_132, 136, 142 Las Tunas Drive, 2 of 2 Hi Nick,    The SCAQMD staff received the Lead Agency’s response on November 3, 2014 by e‐mail attachment to the SCAQMD  staff comments in its letter dated October 9, 2014.  The attachments included an air quality analysis and disclosure  notice that addressed our concerns.  The SCAQMD staff has no further comment at this time.    Gordon     Gordon E. Mize Air Quality Specialist South Coast Air Quality Management District CEQA Section, Inter-Governmental Review (909) 396-3302 phone (909) 396-3324 fax gmize@aqmd.gov   From: Nicholas Baldwin [mailto:nbaldwin@ci.arcadia.ca.us] Sent: Wednesday, November 05, 2014 10:55 AM To: Gordon Mize Subject: RE: Arcadia 17 Residential Condominium Project_132, 136, 142 Las Tunas Drive, 2 of 2   Gordon,    Thank you for your response.  We are pleased to hear that AQMD is satisfied with the revised IS/MND.  Will you please  provide us with a letter to memorialize this e‐mail by November 19, 2014 so we can add it as an attachment to the staff  report that will be presented at the November 25th public hearing?    ‐‐Nick    From: Gordon Mize [mailto:gmize@aqmd.gov] Sent: Wednesday, November 05, 2014 10:29 AM To: Nicholas Baldwin Subject: FW: Arcadia 17 Residential Condominium Project_132, 136, 142 Las Tunas Drive, 2 of 2   Hi Nicholas,    Upon review of the information sent as an attachment yesterday, I do not have any further comments.      Gordon E. Mize Air Quality Specialist South Coast Air Quality Management District CEQA Section, Inter-Governmental Review (909) 396-3302 phone (909) 396-3324 fax gmize@aqmd.gov   2 From: Gordon Mize Sent: Tuesday, November 04, 2014 5:59 PM To: 'Nicholas Baldwin' Subject: RE: Arcadia 17 Residential Condominium Project_132, 136, 142 Las Tunas Drive, 2 of 2   Hi Nicholas,    I have received the attachments you forwarded to us and am in the process of evaluating them.  If they are sufficient, I  will not have any further comments for the proposed project’s final CEQA document.    Sincerely,      Gordon E. Mize Air Quality Specialist South Coast Air Quality Management District CEQA Section, Inter-Governmental Review (909) 396-3302 phone (909) 396-3324 fax gmize@aqmd.gov   From: Nicholas Baldwin [mailto:nbaldwin@ci.arcadia.ca.us] Sent: Monday, November 03, 2014 5:27 PM To: 'jbaker@aqmd.gov'; Gordon Mize Cc: 'Matt@walbern.com'; 'Scott Taylor'; Jim Kasama; Lisa Flores Subject: Arcadia 17 Residential Condominium Project_132, 136, 142 Las Tunas Drive, 2 of 2       Attachment No. 9 Attachment No. 9 List of Multiple-Family Projects in Other Cities with Tandem Parking     Attachment No. 10 Attachment No. 10 Tentative Tract Map   Attachment No. 11 Attachment No. 11 300-foot Radius Map