HomeMy WebLinkAbout1917 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
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; and
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; and
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; and
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
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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.
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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
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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.
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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.
NOV e-in
Passed, approved and adopted this day of 9eteba, 2014.
Chairman, 'lanning Commission
ATTEST:
Secr ` ry
APPROVED AS TO FORM:
Stephen P. Deitsch
City Attorney
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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.
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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
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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.
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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
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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).
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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
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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.
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §:
CITY OF ARCADIA )
I, Jim Kasama, Secretary of the Planning Commission of the City of Arcadia, hereby
certify that the foregoing Resolution No. 1917 was passed and adopted by the Planning
Commission of the City of Arcadia, signed by the Chairperson and attested to by the
Secretary at a regular meeting of said Planning Commission held on the 25TH day of
November, 2014, and that said Resolution was adopted by the following vote, to wit:
AYES: Commissioners Baerg, Chiao, Lin and Falzone
NOES: None
ABSENT: Commissioner Chan
Secret- • the Planning Commission