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HomeMy WebLinkAboutItem 3 - CUP 14-18_Part 1_Staff Report DATE: June 23, 2015 TO: Honorable Chairman and Planning Commission FROM: Jim Kasama, Community Development Administrator By: Lisa Flores, Planning Services Manager SUBJECT: RESOLUTION NO. 1940 – APPROVING CONDITIONAL USE PERMIT NO. CUP 14-18 AND ARCHITECTURAL DESIGN REVIEW NO. ADR 15- 14 WITH A ZONING MODIFICATION FOR PRIVATE OPEN SPACE AND A MITIGATED NEGATIVE DECLARATION UNDER THE CALIFORNIIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR A FOUR-STORY MIXED USE DEVELOPMENT AT 57 WHEELER AVENUE Recommendation: Adopt Resolution No. 1940 SUMMARY The applicant, Alicia Barclay on behalf of DPP Arcadia, LLC, requests approval of a proposed four-story Mixed Use development that consists of three stories of residential units (38 apartment units) over 17,850 square feet of ground floor commercial uses, and two levels of subterranean parking. The Project also includes a 2,730 square-foot public outdoor plaza that will be located between the proposed development and the 24-Hour Fitness building. The proposal includes a Zoning Modification request for private open space for the residential units. It is recommended that the Planning Commission adopt Resolution No. 1940 to adopt the Mitigated Negative Declaration for CUP 14-18 and ADR 15-14, and approve the project, subject to the conditions of approval listed in this staff report. BACKGROUND The subject site is a corner lot that fronts First Avenue and Wheeler Avenue. In August of 2014, the Planning Commission denied a mixed use project for this site. The Commission felt that the site was not adequate in size and shape to accommodate the project because of the need for a Modification from the commercial parking requirements. In December of 2014, Tentative Parcel Map No. TPM 14-13 (71492) was approved to subdivide the 82,117 square-foot (1.88 acre) site into two legal lots that had been consolidated in 2006 for the development of the 24-Hour Fitness facility and the three-level, 234-space parking structure. The lot area for the 24-Hour Fitness and parking structure site is 48,003 square feet with a floor area ratio of 0.68, and the lot area for the proposed project is 34,107 square feet with a floor area ratio of 0.54 – refer Resolution No. 1940 – CUP 14-18 & ADR 15-14 57 Wheeler Avenue June 23, 2015 – Page 2 of 24 to Attachment No. 2 for an aerial photo with zoning information. The Project site is currently improved with a 7,706 square-foot restaurant and a 46-space parking lot. The restaurant is not currently in operation and has been closed since mid-2013. The two parcels will continue to share reciprocal parking, access, and utility easements. Vehicular ingress/egress to the site are through a driveway on Wheeler Avenue and a driveway on Santa Clara Avenue that connects the two parcels through the parking structure. In 2010, in conjunction with the General Plan Update, the subject property, as part of a core area within the Downtown area was rezoned from Commercial Manufacturing (C- M) to Downtown Mixed Use (DMU). The current General Plan land use designation of the site is “Downtown Mixed Use.” This designation allows for combined commercial and residential developments, and stand-alone commercial uses. Exclusively residential developments are not permitted in this area. The Downtown Mixed Use designation provides for more intense, mixed-use development around the Gold Line station to create a complete, compact, walkable neighborhood that can take advantage of public transit. The subject property is one block south of the new Gold Line station, which is at the northwest corner of First Avenue and East Santa Clara Street. PROPOSAL The proposed project involves the construction and operation of a four story mixed-use structure with three stories of residential units (38 apartment units) over approximately 17,850 square feet of commercial space and two levels of subterranean parking. The ground floor commercial space will consist of 7,120 square feet of general office space; retail spaces of 4,550 square feet (Space A) and 6,180 square feet (Space B). Ground Floor Commercial Spaces Resolution No. 1940 – CUP 14-18 & ADR 15-14 57 Wheeler Avenue June 23, 2015 – Page 3 of 24 The primary entrance to the office space would be on Wheeler Avenue, but will also have a rear access to the plaza on the north side of the building, adjacent to the 24- Hour Fitness building. Retail Space A, located at the northeast corner of the proposed building, will have its primary entrance on First Avenue; however, it will also have a second doorway that opens to the proposed plaza area. It is anticipated that the outdoor seating provided in the public plaza would primarily serve Retail Space A. Retail Space B, located at the southeast corner of the proposed building, would have primary access through a corner entryway facing the intersection of Wheeler Avenue and First Avenue, and secondary accesses along the Wheeler Avenue and First Avenue frontages. While it is anticipated that retail businesses would occupy the retail spaces, it is possible that restaurant uses could also occupy portions of these spaces. Restaurant uses are permitted by right in the DMU zone provided they comply with the minimum off-street parking requirement, which for restaurants under 1,500 square feet with up to 12 seats, is the same as retail uses (i.e., 5 per 1,000 square feet) and no additional entitlements would be required. However, if a restaurant use exceeds the 1,500 square-foot limit and/or the 12-seat limit, additional parking would be necessary and a new parking analysis would be required at that time. The Project will provide a total of 340 parking spaces: eight surface parking spaces, 104 spaces below grade, and 234 spaces in the existing parking structure. The Project includes a 2,730 square-foot public outdoor plaza area that would separate the Project from the existing 24-Hour Fitness building to the north. The Project also includes a curb extension at the corner of Wheeler Avenue and First Avenue to expand the sidewalk at that location to facilitate additional on-street parking along First Avenue. The residential component will occupy the second, third, and fourth floors of the proposed building, and will consist of 27 one-bedroom units, and 11 two-bedroom units. Five of the two-bedroom units will be two-story units (Units 7–11). The apartments vary in size from 880 square feet to 1,464 square feet. All of the units will have a private deck or balcony ranging in size from 50 square feet to 468 square feet, and there will be a common courtyard with landscaping and barbeque facilities for the residents. The proposed project requires the following actions/approvals: 1. Adoption of the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program. With mitigation measures, the Project will have no impacts or less than significant impacts in the following potentially- impacted areas: Biological Resources, Cultural Resources, Geology and Soils, Hazards/Hazardous Materials, and Transportation/Traffic: Biological Resources – The Project is located on an urban infill site that contains no native vegetation and supports limited wildlife species. However, due to the presence of ornamental trees that may provide nesting opportunities for birds, a mitigation measure was placed on the project so that no construction shall occur during the nesting season (i.e., between February 1 and August 31) unless prior to issuance of a permit, a qualified biologist determines that there are no active nesting locations on site or that any nests have been abandoned. Resolution No. 1940 – CUP 14-18 & ADR 15-14 57 Wheeler Avenue June 23, 2015 – Page 4 of 24 Cultural Resources – There are no indications of prior human presence on site. In the unlikely event that human remains are encountered, a mitigation measure was placed on the project to require that a qualified paleontologist be retained to observe the grading activities in the older Quaternary Alluvium area of the Project site, and to establish a protection and/or retrieval process should fossils be discovered. Geology and Soils – To ensure that the project will not become unstable and have impacts related to landslide, lateral spreading, subsidence, liquefaction, and collapse, a mitigation measure has been placed on the project to ensure that building design specifications include the recommendations from the Geotechnical Investigation Report that was prepared for this Project, subject to verification by the City’s Building Official prior to issuance of a grading permit. Hazards/Hazardous Materials and – Given the age of the existing vacant restaurant on the Project site, asbestos-containing materials (ACMs) and lead-based paint (LBP) may be present in the interior and/or on the exterior materials and surfaces. Demolition of the building could expose construction personnel to these hazardous materials unless proper precautions are taken to minimize the exposure. A mitigation measure was placed on the project for a comprehensive pre-demolition survey to be conducted by a fully-licensed and qualified examiner prior to issuance of a demolition permit. Transportation/Traffic – Mitigation measures were placed on the project to ensure the Developer submits a Construction Staging and Traffic Control Plan to the City Engineer for review and approval to ensure that the grading haul routes do not disrupt traffic or emergency access through any temporary lane closures, and for any damage to the City roadways to be repaired prior to the first occupancy. 2. Conditional Use Permit – As required by the Arcadia Zoning regulations, mixed- use projects in the Downtown Mixed Use Zone (DMU) require a Conditional Use Permit (CUP). Approval of this CUP is for the specific project plans for the new four-story mixed use development that consists of 38 apartment units, 10,730 square feet of retail floor area, and 7,120 square feet of general office space. The project includes one Zoning Modification: Private Open Space – The Project will not provide the minimum amount of required private open space for 27 of the 38 residential units; therefore, a Modification is required to substitute the common open space for the minimum private open space requirement. 3. Architectural Design Review – Architectural design review is to ensure that the Project is consistent with the City’s design guidelines. 4. Oak Tree Removal in the City’s Right-of-Way – The Project will require the removal of four oak trees located along Wheeler Avenue that are to be replaced with new oak trees. An oak tree removal permit is not required since they are located in the City’s right-of-way. Resolution No. 1940 – CUP 14-18 & ADR 15-14 57 Wheeler Avenue June 23, 2015 – Page 5 of 24 ANALYSIS The Code requires a Conditional Use Permit (CUP) for any mixed-use development. The purpose of the CUP is to ensure compatibility with the surrounding uses and that the new mixed use development provides for an active pedestrian environment with commercial uses located along street frontages, with development of the ground floor to be limited to commercial uses – refer to the attachments for photos of the subject property and the surrounding developments. The goal of the DMU Zoning is to transform the core portion of the City’s downtown into a dynamic, transit-oriented area. The Project site is located within the City’s DMU area and would advance the goals of the City’s General Plan Land Use and Community Design Element by providing complementary service and retail businesses, professional offices, and residential uses, and by incorporating public open spaces as integral components in the vicinity of the Gold Line station, which is located one block north of the Project site. Building Design and Setbacks The Land Use and Community Design Element of the City’s General Plan identify the area that is within a quarter-mile radius of the Gold Line station as an “activity node,” which is defined as, “places of pedestrian activity and excitement. These are places where people congregate, socialize, and shop. They are also places where residents can leisurely stroll, participate in a recreational activity, or relax and experience the outdoors.” To ensure that this Project meets this goal, the proposal went through many iterations to include a pedestrian-scaled outdoor plaza area located off of First Avenue between the new mixed-use building and the existing 24-Hour Fitness building – refer to the image below. The plaza will include a water feature, landscaping, and seating areas. The Project will be in compliance with the height limit in the DMU zone, which is four stories or 50 feet, plus a 10-foot height allowance for rooftop equipment or appurtenances. The height of the proposed building will be approximately 49’-7” with an Resolution No. 1940 – CUP 14-18 & ADR 15-14 57 Wheeler Avenue June 23, 2015 – Page 6 of 24 additional five feet for mechanical equipment screening. The ground floor will be 15’-0” high, while the second and third floors will be 11’-0” high, and the fourth floor will be 12’- 7” high. The exterior of the building will include brick veneer and stucco walls, with projecting awnings and painted metal panes and doorways to highlight the ground floor commercial spaces. The Wheeler Avenue frontage will feature a four-story high wall area between the office and retail spaces that is to incorporate public art (e.g., a painted mural). On the west elevation, metal latticing on the exterior wall will create visual interest and texturing of the façade. The canopies, posts, and railings are to be decorated with ornamental iron work. As shown on the attached site and floor plans and on the rendering below, the Project is designed to activate the street frontage by orienting the retail components towards First Avenue to access the Gold Line station. Residential access is to be secured/keyed, and provided at the following locations: 1) Wheeler Avenue from a residential access doorway and staircase located between the office and retail spaces; 2) from the subterranean parking garage; and 3) a residential lobby that faces the outdoor plaza on the north side of the building. All residential units will be accessible from interior walkways that connect to the elevator and stairwells. The elevator will provide access to the basement parking garage, the residential lobby, and all three residential levels. The Project includes sustainable features, such as bicycle parking for the residents, tenants, and visitors, and it is to be designed to meet or exceed the construction standards for Silver certification by the Leadership in Energy and Environmental Design (LEED) Rating System and the U.S. Green Building Council. As part of the LEED certification, the project is to include energy efficiency measures and meet other green building standards. The Project will exceed the California Title 24 Energy Code by 15 percent by utilizing energy-efficient lighting and water-efficient plumbing fixtures. It will be the first project in Arcadia to achieve LEED Silver Certification. Resolution No. 1940 – CUP 14-18 & ADR 15-14 57 Wheeler Avenue June 23, 2015 – Page 7 of 24 Removal of Oak Trees in the City’s Right-of-Way The Wheeler Avenue sidewalk area includes four mature Engelmann Oak trees. According to a Certified Arborist, the trees will not be able to sustain the impacts of the construction of the Project as there is not adequate space to establish the necessary protection zones. Therefore, the trees are to be removed and replaced. Replacement of these trees is acceptable because these trees were planted as street trees and did not occur naturally on the site. The trees are not part of a native plant community, and they do not have special status listing that is applicable to the site specific context. The City’s Arborist agrees with the project’s arborist’s recommendation and with the regulatory requirement that the developer replace the oak trees with four, new, 36-inch box, Holly Oak trees. These new trees will match the existing street trees in front of the Post Office and provide a consistent streetscape appearance. Off-Site Improvements and Street Furniture As part of this project, the City’s Engineering Division is requiring that the sidewalk at the corner of Wheeler Avenue and First Avenue be extended by approximately eight feet into the roadway to terminate the parking lane along First Avenue to facilitate street parking. The curb extension would not affect traffic flows or timing. This corner extension is shown on the attached site plan. The curb extension will also enhance the pedestrian experience at the crosswalk. No utilities or street infrastructure (e.g., storm drains, lighting, or traffic signals) would need to be relocated as a result of the curb extension. The applicant also plans to enhance the sidewalk with four benches; two along each side of the street (refer to Attachment No. 4, page A108 of the architectural plans). Parking and Traffic The project will include 74 on-site parking spaces: eight surface parking spaces and 104 spaces in the two levels of the proposed underground parking structure: 47 spaces on the first level and 57 spaces on the second level. The eight surface parking spaces would be designated for customers of the commercial uses. Within the two levels of the below-grade parking spaces, 57 parking spaces would be reserved for the residents of the Project, 19 spaces would be reserved for guests of the residents, and 28 spaces would be available to the public. The parking spaces of the residents and guests are to be clearly marked with appropriate signage. Additional parking for the proposed project is to be available through a reciprocal parking easement in the adjacent, existing, three- level, 234-space parking structure. A total of 346 parking spaces are to be provided for the new Project and 24-Hour Fitness, which exceeds the required amount by six spaces. The following is a breakdown of the parking requirements for the proposed project, and it should be noted that for any commercial use located within 1,320 feet (1/4 mile) of the light rail station (Gold Line) the City Code provides a 25% reduction of the off-street parking requirement. While it is anticipated that retail businesses would occupy the retail spaces, it is possible that restaurant uses could occupy portions of the space. Restaurant uses are permitted by right in the DMU zone provided they comply with the Resolution No. 1940 – CUP 14-18 & ADR 15-14 57 Wheeler Avenue June 23, 2015 – Page 8 of 24 minimum off-street parking requirement. Based on the proposed uses in the mixed use development, and the existing 24-Hour Fitness facility, 340 parking spaces are required: • 24 Hour Fitness Health Club – 202 parking spaces, as determined through the approved Conditional Use Permit (CUP 05-18) • Mixed Use Residential – 57 parking spaces for 38 units – 1.5 parking spaces for each apartment unit • Mixed Use Residential (Guest) – 19 parking spaces for 38 units – 0.5 parking space for each apartment unit • Retail & Small Restaurant (up to 1,500 square feet and 12 seats or less) – 40 parking spaces at 5 per 1,000 square feet of gross floor area minus 25% • General Office – 21 parking spaces at 4 per 1,000 square feet of gross floor area minus 25% Total Parking Required = 340 spaces Total Parking Provided = 346 spaces Based on the analysis above, the proposed project exceeds the required parking of 340 parking spaces. Nevertheless, a smart parking system is to be installed in the existing parking structure and in the new subterranean parking structure – refer to the image to the right. These systems will sense the parking occupancy of each level of the structures and display the information at the entries to alert drivers of the parking availability in the structures. Smart parking systems help maximize utilization of all parking spaces and improve the general traffic flow. A traffic impact study was prepared to evaluate the potential impacts of the traffic generated by the proposed mixed use project. Three intersections were evaluated: • First Avenue & Santa Clara Street • First Avenue & Wheeler Avenue • First Avenue & Huntington Drive Resolution No. 1940 – CUP 14-18 & ADR 15-14 57 Wheeler Avenue June 23, 2015 – Page 9 of 24 The proposed project is expected to generate 34 net new vehicle trips during the AM peak hours (7:00 AM to 9:00 AM) and 59 net new trips during the PM peak hours (4:00 PM to 6:00 PM). The proposed project is not expected to result in significant traffic impacts at any of the intersections, and no mitigation measures are required. A review was also conducted of the County’s Congestion Management Program (CMP) roadway system, and it was determined that the proposed project will not result in significant impacts at any of the CMP intersections or freeway monitoring locations. Modification – Private Open Space The Code requires that all residential units in the DMU zone have a private open space area of at least 100 square feet. Each residential unit will have a private balcony or patio space that ranges in size from 50 square feet to 468 square feet. These will look out at the interior courtyard and/or onto Wheeler Avenue or First Avenue. However, 27 of the 38 residential units will not meet the minimum 100 square-foot open space requirement. The cumulative deficiency is 1,139 square feet of private open space. Alternatively, the proposed project will include approximately 1,741 square feet of common courtyard area for the residents. The applicant is requesting a Zoning Modification from the City’s open space requirement to have the 1,741 square feet of common courtyard space be a substitute for the private open space deficiencies of the 27 affected units. It is staff’s opinion that the Modification is acceptable because the proposed open courtyard provides a recreational space for the residents and serves as a light well for the interior sides of the units. The courtyard is to include tables and seating and two barbeque grills. Landscaping and decorative natural stone floor finishes will add visual appeal to the courtyard space. In addition to the private open spaces and the courtyard area within the development, the proposal includes a 2,730 square-foot public outdoor plaza with seating, landscaping, and a water feature between the Project and the 24-Hour Fitness building to the north. The plaza will be accessible to the public from First Avenue, and will have direct access from the proposed mixed-use building through the ground floor commercial space and a residential lobby. FINDINGS Conditional Use Permit 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 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 mixed use project will not be detrimental to the public health or welfare, or the surrounding properties because the mixed use is guided by the policies and vision of the General Plan and the detailed development standards in the Zoning Code to provide opportunities for complementary service and retail Resolution No. 1940 – CUP 14-18 & ADR 15-14 57 Wheeler Avenue June 23, 2015 – Page 10 of 24 commercial businesses, professional offices, and residential uses to locate within the City’s downtown. A traffic study was prepared for the project and it is not expected to result in any significant traffic impacts at any of the three intersections that were studied and no traffic mitigations are required or recommended. A noise analysis was prepared to analyze any potential impacts from the surrounding traffic or operations of the adjacent rail line. Although the project would not result in significant impacts related to noise, project design features and regulatory requirements have been incorporated into the project to ensure that the impacts remain less than significant. A sewer capacity study prepared for the project indicates that there is sufficient sewer capacity to serve the project. Based on this information, the proposed project will not be detrimental to the public health or welfare or injurious to the other properties in the area. 2. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized. The Downtown Mixed Use Zone encourages different land uses (e.g., residential and commercial) within a mixed-use project that offer opportunities for people to live, work, shop, and recreate without having to use their vehicles. This area has struggled and has never really found the right mix of businesses to allow the Downtown area to thrive. The proposed project and its close proximity to the Gold Line station, will provide an opportunity for a lively street scene to come to this area, and help revitalize the Downtown since it will attract both commuters to shop or dine, and residents who want to live within walking distance of commercial amenities and be able to ride the train to work. 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 project site is appropriate in size and shape to accommodate a functional and desirable mixed-use development, and a pedestrian scaled outdoor plaza area that is located along First Avenue between the new mixed-use building and the existing 24 Hour Fitness building to the north. The proposed number of total parking spaces of 346 spaces would meet and exceed the City’s parking requirements of 340 spaces. Therefore, the site is adequate in size and shape to accommodate the proposed use. 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. The site is located along First Avenue and Wheeler Avenue and primary access to the site would be through a driveway on Wheeler Avenue, which would be located beneath the second floor residential units and would be connected to the underground parking structure; as well as to the existing parking structure on the north side of the building, which also accesses Santa Clara Street. Wheeler Avenue is a local street and First Avenue is identified as a collector street in the City’s General Plan. First Avenue, immediately adjacent to the project frontage, meets or Resolution No. 1940 – CUP 14-18 & ADR 15-14 57 Wheeler Avenue June 23, 2015 – Page 11 of 24 exceeds the City’s minimum roadway and right-of-way standards for collectors; therefore, no additional roadway dedication or widening is required. 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. Approval of the mixed use project will not adversely affect the General Plan. In fact, the proposed project would advance the goals of the City’s General Plan Land Use and Community Design Element by providing complementary service and retail commercial businesses, professional offices, and residential uses and by incorporating public open spaces as an integral component of the planned Gold Line station, which is located one-block north of the subject site at the northwest corner of Santa Clara Street and First Avenue. 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 (MND) for the proposed project (refer to Attachment No. 2). The project with the proposed mitigation measures will have less-than-significant impacts for each of the following potentially-impacted areas: Biological Resources, Cultural Resources, Geology and Soils, Hazards/Hazardous Materials, and Transportation/ Traffic. A detailed review is included in the Initial Study. The mitigation measures and regulatory requirements have been added as conditions of approval (Condition nos. 28- 59 for the project. The City has prepared a Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program (MMRP). PUBLIC NOTICE/COMMENTS In accordance with Section 21091 of the California Environmental Quality Act (CEQA) and Section 15073 of the CEQA Guidelines, the Draft Initial Study/Mitigated Negative Declaration (IS/MND) for the 57 Wheeler Mixed Use Project was circulated for public review and comments for 20 days from June 2 to June 22, 2015. These documents were made available at Arcadia City Hall and at the Arcadia Public Library. During this time period, public agencies, organizations, and the public in general were afforded the opportunity to review the Draft IS/MND, and submit written comments regarding the documents and the proposed project. Staff has not received any comments as of June 18, 2015. Public hearing notices for this item were mailed to the property owners and tenants of those properties that are located within 300 feet of the subject property. Pursuant to the provisions of the California Environmental Quality Act (CEQA), the public hearing notice was published in the Arcadia Weekly on June 1, 2015, including the Notice of Intent to Adopt the Mitigated Negative Declaration, which was also filed with the L.A. County Recorder’s Office for the required 20-day posting on June 1, 2015. Resolution No. 1940 – CUP 14-18 & ADR 15-14 57 Wheeler Avenue June 23, 2015 – Page 12 of 24 PUBLIC OUTREACH On April 9, 2015, the Applicant presented the proposed project to the Arcadia Improvement Association (AIA) that is comprised of the business and property owners within the Arcadia Downtown area – refer to the attached Arcadia Downtown Community Benefit District Map below. RECOMMENDATION It is recommended that the Planning Commission approve the Project and adopt the Mitigated Negative Declaration by adopting the attached Resolution No. 1940, which includes the following conditions of approval: 1. The applicant/property owner shall comply with all City requirements regarding building safety, fire prevention, detection, suppression, emergency access, public right-of-way improvements, parking, water supply and water facilities, sewer facilities, trash reduction and recycling requirements, and National Pollutant Discharge Elimination System (NPDES) measures to the satisfaction of the Building Official, Fire Marshal, Public Works Services Director and Development Services Director, or their designees. Compliance with these requirements is to be determined by having fully detailed construction plans submitted for plan check review and approval by the foregoing City officials and employees, and shall include, but shall not be limited to the following: a. The applicant/property owner shall provide calculations to determine the maximum domestic water demand for commercial and fire services in order to Resolution No. 1940 – CUP 14-18 & ADR 15-14 57 Wheeler Avenue June 23, 2015 – Page 13 of 24 verify the water service size required for this project. The calculations shall be submitted to the Public Works Services Department prior to issuance of any permits. b. 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. c. The applicant/property owner shall install separate water services and meters and/or sub-meters for residential units, commercial uses, and landscape irrigation purposes. All fire services shall be isolated from domestic water services with an approved back flow prevention device. d. A separate landscape meter is required for common area landscape irrigation. The backflow preventer on the common area irrigation shall be the Reduce Pressure Backflow Assembly type as approved by the Public Works Services Director, or designee. e. The applicant/property owner shall file a Water Meter Clearance Application with the Public Works Services Department prior to the issuance of any building permits for the project. f. An emergency radio responder system shall be provided in compliance with the California Fire Code Section 510. 2. Prior to issuance of a building permit the developer shall either construct or post security for the following required items: a. Remove and replace existing curb, gutter, sidewalk, and driveway approaches from property line to property line along First Avenue and Wheeler Avenue, and repair Wheeler Avenue to ensure the curb/gutter is constructed with a minimum longitudinal slope of 0.5%. b. Construct a new ADA access ramp at the corner of Wheeler Avenue and First Avenue. c. Construct a curbout with a minimum 25’ curb return radius at the northwest corner of Wheeler Avenue and First Avenue to create street parking along First Avenue, and provide any associated street work, striping, and signal modification, subject to the approval of the City Engineer. d. The developer shall coordinate with Public Works Services on the installation of street trees per the City of Arcadia Street Tree Master Plan. 3. 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 Downtown Mixed Use Zone, and the applicant/property owner shall confirm that the prospective residents did receive and understand this information. Resolution No. 1940 – CUP 14-18 & ADR 15-14 57 Wheeler Avenue June 23, 2015 – Page 14 of 24 4. No live music, entertainment, or alcoholic beverage service and/or sales is approved under this Conditional Use Permit, and any live music, entertainment, karaoke, alcoholic beverage service or sales, etc. shall require a separate Conditional Use Permit for any of those businesses and restaurants. 5. The restaurant uses shall not be open for business more than twenty (20) sixteen hours per day, nor anytime between 1:00 a.m. and 5:00 a.m.; otherwise a separate Conditional Use Permit required. 6. At least two weeks prior to the proposed start of construction activity, the applicant shall post a sign or banner that includes a brief description of the Project, the anticipated construction schedule, the City’s limits on the hours of construction, a contact name, phone, and email of a representative of the applicant/property owner that the public can contact with any questions, concerns, or complaints about construction activity related to the project. If there are any substantive changes in the project schedule or scope of work, or changes in the contact name or information, the applicant/property owner shall immediately provide an updated notice in the manner described above. 7. 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. 8. The applicant shall be responsible for the repair of all damage to public improvements in the public right-of-way resulting from construction-related activities, including, but not limited to, the movement and/or delivery of equipment, materials, and soils to and/or from the site. 9. A water-efficient landscape and irrigation plan shall be submitted for plan-check to Building Services. The plans shall include irrigation from the project site to landscaping within the public right-of-way. 10. An exterior lighting and parking structure lighting plan and photometric study showing that light and glare will not exceed one foot-candle at any property line, shall be submitted to Planning Services for review and approval prior to issuance of a building permit. The approved lighting shall be installed prior to final inspection approval and occupancy. 11. No window covering (i.e., drapes, blinds, etc.) shall be permitted on any of the storefront windows that face First Avenue and/or Wheeler Avenue. 12. A security plan for the parking areas and all gated entries and the building shall be submitted to Planning Services for review and approval by the Police Department prior to issuance of a building permit. The approved security plan shall be implemented prior to final inspection approval and occupancy. 13. The property owner/applicant shall submit a sign program for the project, subject to review and approval by Planning Services. The purpose of the sign program is to Resolution No. 1940 – CUP 14-18 & ADR 15-14 57 Wheeler Avenue June 23, 2015 – Page 15 of 24 maintain design consistency throughout the project, and to expedite the sign permitting process. The sign program shall cover any signage visible from the public right-of-way. The sign program is subject to approval by Planning Services prior to installation of any signs. 14. Storage of bikes, toys, laundry, clothing, or any other types of storage is prohibited on any balcony visible from the public right-of-way. This requirement shall be included in the tenant lease agreements. 15. The applicant/property owner shall utilize an existing sewer lateral if determined to be feasible by the Public Works Services Director, or designee. 16. The applicant/property owner shall submit to the City Engineer a Grading Plan prepared by a registered civil engineer, which is subject to the approval of the City Engineer or designee prior to issuance of a building permit. 17. If any drainage fixture elevation is lower than the elevation of the next upstream manhole cover (489.031’), a backwater valve of a type approved by the Public Works Services Director, or designee shall be installed by the applicant/property owner on the lateral behind the property line. 18. New sidewalk per City Standard along First Avenue and Wheeler Avenue in front of the Project’s frontages shall be constructed at the applicant’s/property owner’s expense. The applicant/property owner and site superintendent shall coordinate with the City Engineer and Public Works Services Director, or their designees for the protection and/or replacement of existing trees within the City’s rights-of-way. 19. The proposed development will require a Standard Urban Stormwater Mitigation Plan (SUSMP) if there will be the creation, addition, or replacement of 5,000 square feet or more of impermeable surface area. 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. 20. An automatic fire-sprinkler system per the City of Arcadia Fire Department Single & Multiple-family Dwelling Sprinkler Standard for residential areas shall be installed by the applicant/property owner to the satisfaction of the City Fire Marshal or designee. The sprinkler system shall be fully monitored, and audio/visual devices shall be provided on all floors and in the basement garage. 21 Automatic gates shall be provided with a Knox switch. A Knox box with keys for access to restricted areas shall be provided to the City Fire Marshal prior to the issuance of the first Certificate of Occupancy. 22. Fire extinguishers of the 2A:10BC type shall be provided in the basement level and on all floors prior to the issuance of the first Certificate of Occupancy. Resolution No. 1940 – CUP 14-18 & ADR 15-14 57 Wheeler Avenue June 23, 2015 – Page 16 of 24 23. The design of the project shall comply with the applicable California Residential Code and the City of Arcadia Multi-Family Construction Standards to the satisfaction of the City Building Official or designee. Detailed shoring plans shall be submitted to Building Services for review during the Plan Check process. 24. Satellite dishes shall not be placed where they are visible from public rights-of-way. This requirement shall be included in the applicant’s tenant lease agreements. 25. The property owner/applicant shall provide trash collection services as often as necessary to ensure that there is no buildup of trash on the site or within the building. Trash placement outside of an unauthorized trash container is prohibited. Storage of trash bins or trash or recycling containers outside of the building for more than 18 hours is prohibited. 26. 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, Modification Committee, 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. 27. Approval of CUP 14-18 and ADR 15-14 shall not be of effect unless on or before 30 calendar days after approval of this project, the property owner/applicant has 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, Project Design Features 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, project design features, and regulatory requirements are detailed in the MMRP. 28. The Developer shall prepare a Landscape Plan that provides the proposed plant palette and location of the proposed landscaping, subject to the review and approval of the City’s Development Services Department. 29. The Developer shall prepare a Lighting Plan that provides the type and location of proposed exterior lighting and signage, subject to the review and approval of the City’s Development Services Department. Resolution No. 1940 – CUP 14-18 & ADR 15-14 57 Wheeler Avenue June 23, 2015 – Page 17 of 24 30. The Developer will utilize zero-volatile organic compound (VOC) paint for architectural coatings of interior and exterior surfaces. 31. 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. • Paved streets shall be swept at least once per day where there is evidence of dirt that has been carried onto the roadway. • Watering trucks, if necessary 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 as necessary. • 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. • Open soil storage piles that will remain on site for two or more days shall be covered. • 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. 32. All oak tree plantings, removals, or alterations associated with implementation of the Project shall be conducted in accordance with the requirements set forth in the City of Arcadia’s Oak Tree Preservation Ordinance (Municipal Code, Article IX, Chapter 7). Specifically, in compliance with Section 9703, Oak Tree Protection Regulations, an Oak Tree Permit shall be obtained prior to the removal of or encroachment into the protected zone of any oak tree. As recommended in the Oak Tree Evaluation, the City will require that the four Engelmann Oak Trees along Wheeler Avenue are removed and new 36-inch box, Holly oak trees are planted into the future landscaped areas for the Project according to the direction of the City of Arcadia. 33. Prior to approval of grading plans, the Development Services Department shall verify that the following note is included with the contractor specifications to ensure compliance with the Migratory Bird Treaty Act (MBTA): To avoid impacts on nesting birds, the vegetation on the Project site should be cleared between September 1 and January 31. If vegetation clearing occurs inside the peak nesting season (between February 1 and August 31), a pre-construction survey (or possibly multiple surveys) shall be conducted by a qualified Biologist to identify if there are any active nesting locations. If the Biologist does not find any active nests within the impact area, the vegetation clearing/construction work will be allowed. If the Biologist finds an active nest within the construction area and determines that the nest may be impacted by construction activities, the Biologist Resolution No. 1940 – CUP 14-18 & ADR 15-14 57 Wheeler Avenue June 23, 2015 – Page 18 of 24 will delineate an appropriate buffer zone around the nest depending on the species and the type of construction activity. Construction activities shall be prohibited in the buffer zone until a qualified Biologist determines the nest is abandoned. 34. The Developer will coordinate with Planning Services and the Arcadia Historical Society to install a monument plaque on the proposed building, indicating the location of the former San Gabriel Valley Lumber Company and its importance in the history of the City of Arcadia. 35. 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. 36. 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). 37. A qualified Paleontologist shall be retained to observe grading activities in the older Quaternary Alluvium on the Project site and to salvage and catalogue fossils as necessary. At the Project’s Pre-Grade Meeting, the Paleontologist shall discuss the sensitivity of the sediment being graded and shall establish procedures for monitoring. Protocols must be developed and explained for temporarily halting or redirecting work to permit sampling, identification, and evaluation of any fossils discovered. If the fossils are deemed significant, the Paleontologist shall determine Resolution No. 1940 – CUP 14-18 & ADR 15-14 57 Wheeler Avenue June 23, 2015 – Page 19 of 24 appropriate actions, in cooperation with the City of Arcadia, to recover and treat the fossils and to prepare them to the point of identification. A final Paleontological Resources Monitoring Report shall include a catalogue and analysis of the fossils found; a summary of their significance; and the repository that will curate the fossils in perpetuity. 38. Geotechnical design considerations for Project implementation are governed by the Arcadia Building Code, as set forth in Article VIII of the Municipal Code, which City Planning and Building Services incorporates by reference the California Building Code (CBC), 2010 Edition (i.e., 2010 California Building, Plumbing, Mechanical, Electrical and Existing Building Codes). Future buildings and structures shall be designed in accordance with applicable requirements of the 2013 CBC, the Arcadia Municipal Code, and any applicable building and seismic codes in effect at the time the grading plans are approved. 39. The Project building design specifications shall include recommendations from the Geotechnical Investigation Proposed Mixed Use Project – SWC Santa Clara Street at First Avenue, Arcadia, California, prepared by Southern California Geotechnical, Inc. (SCG 2015). These recommendations include, but are not limited to, specifications for the following: • Site grading recommendations • Construction considerations • Foundation design and construction • Floor slab design and construction • Retaining wall design and construction • Temporary shoring recommendations • Pavement design parameters The Project building design specifications shall be verified by the City of Arcadia Building Official prior to issuance of a grading permit. 40. The proposed Project shall achieve at a minimum Leadership in Energy and Environmental Design (LEED®) Silver Certification as established by the U.S. Green Building Council (USGBC). As part of the LEED certification, the Project shall include energy efficiency measures and other green building standards, thereby reducing annual greenhouse gas (GHG) emissions. 41. The proposed Project shall comply with the Title 24 Energy Efficiency Standards. These standards prescribe required energy efficient measures, including ventilation, insulation, and construction and the use of energy-savings appliances, conditioning systems, water heating, and lighting. 42. The proposed Project shall comply with the Title 24 Green Building Standards (CALGreen Code). These standards prescribe measures for water conservation, Resolution No. 1940 – CUP 14-18 & ADR 15-14 57 Wheeler Avenue June 23, 2015 – Page 20 of 24 building commissioning, clean vehicle parking, and solid waste recycling, among others. 43. Activities at the Project site shall comply with existing federal, State, and local regulations regarding hazardous material use, storage, disposal, and transport to prevent Project-related risks to public health and safety. All on-site generated waste that meets hazardous waste criteria shall be stored, manifested, transported, and disposed of in accordance with the California Code of Regulations (Title 22) and in a manner to the satisfaction of the local Certified Unified Program Agency (CUPA), as applicable. Any hazardous materials removed from the Project site shall be transported only by a Licensed Hazardous Waste Hauler, who shall be in compliance with all applicable State and federal requirements, including U.S. Department of Transportation regulations under Title 49 (Hazardous Materials Transportation Act) and Title 40, Section 263 (Subtitle C of Resource Conservation and Recovery Act) of the Code of Federal Regulations; California Department of Transportation (Caltrans) standards; and California Occupational Safety and Health Administration (CalOSHA) standards. 44. Prior to the issuance of a demolition permit, pre-demolition surveys for asbestos- containing materials (ACMs) and lead-based paint (LBP) shall be performed for the structure(s) proposed for demolition. All surveys, inspections, and analyses shall be performed by fully licensed and qualified individuals in accordance with all applicable federal, State, and local regulations. If the pre-demolition surveys/inspections do not identify ACMs or LBP, the Developer shall provide the survey/inspection documentation to the City showing that no further abatement actions are required. If the pre-demolition surveys/inspections identify ACMs or LBP, all such materials shall be handled in accordance with applicable regulations including, but not limited to 15 United States Code (USC) Chapter 53 (Toxic Substances Control); California Occupational Safety and Health Administration (CalOSHA) regulations (8 California Code of Regulations §1529 [Asbestos] and §1532.1 [Lead]); and South Coast Air Quality Management District (SCAQMD) Rule 1403 (Asbestos Emissions from Demolition/Renovation Activities). After demolition, the Developer shall provide documentation to the City illustrating that abatement of any ACMs or LBP identified in the demolished structure has been completed in full compliance with applicable regulations. 45. Prior to the issuance of a grading permit, a Construction Staging and Traffic Control Plan shall be prepared in cooperation with the City of Arcadia and any other affected jurisdictions in accordance with the Manual on Uniform Traffic Control Devices (MUTCD). The Plan shall include, but not be limited to (1) identification of construction haul routes that follow the City’s approved truck routes and avoid residential streets; (2) identification of emergency access points/routes; (3) duration and location of lane closures (if any); (4) identification of traffic-control measures to be implemented to maintain traffic flow in all directions; (5) location of equipment and vehicle staging areas; (6) location of parking for construction workers during construction phases; (7) stockpiling of materials; (8) use of fencing (i.e., temporary fencing with opaque material); (9) use of flagpersons; and (10) temporary routes for pedestrians and Resolution No. 1940 – CUP 14-18 & ADR 15-14 57 Wheeler Avenue June 23, 2015 – Page 21 of 24 bicyclists to avoid construction activities. The Construction Staging Plan shall require that the equipment and vehicle staging areas be located as far as practicable from sensitive receptors to reduce visual impacts to nearby sensitive receptors. Construction activities shall comply with the approved plan to the satisfaction of the City of Arcadia. 46. Prior to the issuance of the occupancy permit/certificate, the Developer shall repair any damage incurred on City roadways and rights-of-way during construction activities or through transport of heavy trucks or equipment related to construction. 47. Prior to the issuance of a demolition permit, the Developer shall ensure compliance with all applicable requirements set forth in the City Municipal Code, including but not limited to Chapter 8, Stormwater Management and Discharge Control; Part 2, Discharge Regulations and Requirements. 48. Prior to issuance of a grading permit, a site-specific Standard Urban Stormwater Management Plan (SUSMP) shall be submitted to the City Engineering Division for review and approval. The SUSMP shall specifically identify the long-term site- design, source-control, and treatment-control Best Management Practices (BMPs) that shall be used on site to control pollutant runoff and to reduce impacts to water quality to the maximum extent practicable. At a minimum, the SUSMP shall identify and the site developer shall implement source-control BMPs (routine structural and routine non-structural), site-design BMPs, and hydraulic source-control BMPs that would be incorporated into the Project to ensure that the runoff from the Project site is treated before entering the City’s storm drain system. 49. Prior to commencement of any construction activities, the Developer shall obtain approval from the City of Arcadia for a Conditional Use Permit (CUP), as well as any required Modifications from development standards, as required by the Arcadia Zoning Regulations for mixed-use projects in the DMU zone. 50. The contract specifications will include the following construction Best Management Practices (BMPs), to be implemented by contractors to reduce construction noise levels: • Ensure that construction equipment is properly muffled according to industry standards and is in good working condition. • Place noise-generating construction equipment and locate construction staging areas away from sensitive uses, where feasible. • 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. • Use electric air compressors and similar power tools rather than diesel equipment, where feasible. • Turn off construction-related equipment, including heavy-duty equipment, motor vehicles, and portable equipment when not in use for more than 30 minutes. Resolution No. 1940 – CUP 14-18 & ADR 15-14 57 Wheeler Avenue June 23, 2015 – Page 22 of 24 • 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. • 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). 51. Per the City’s Noise Ordinance, short-term noise-generating construction activities shall be limited to between the hours of 7:00 AM and 6:00 PM Monday through Friday and between 8:00 AM and 5:00 PM on Saturdays. On Sundays and City of Arcadia holidays, no noise-generating construction activities shall be permitted. Operationally, mechanical equipment must not exceed 50 A-weighted decibels (dBA) at or beyond the Project site property lines between the hours of 10:00 PM to 7:00 AM. 52. All residential units shall be provided with a means of mechanical ventilation, as required by the California Building Code for occupancy with windows closed. 53. The Developer 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 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. 54. Prior to issuance of the building permit, the Developer 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 the Developer 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. 55. In accordance with the City’s Ordinance 2237, prior to the issuance of the building permit, the Developer shall remit the most current park dwelling fee, and/or other negotiated park fees, to the City. All money collected as fees imposed shall be deposited in the Park Dwelling Fund and shall be used for the acquisition, development, and improvement of public parks and recreational facilities in the City, as proposed by the City’s Parks and Recreation Master Plan. The Development Services Department shall confirm compliance with this requirement prior to issuance of a building permit. Resolution No. 1940 – CUP 14-18 & ADR 15-14 57 Wheeler Avenue June 23, 2015 – Page 23 of 24 56. The Project will incorporate a smart parking system with two or more smart parking boards, one located at the Santa Clara entrance, and one located at the Wheeler entrance. 57. Prior to issuance of an occupancy permit, the Developer shall make a fair share contribution to the Sanitation Districts of Los Angeles County (LACSD) for any trunk line improvements required to serve the Project. This measure shall be implemented to the satisfaction of the City Public Works Services Department in consultation with the LACSD, as appropriate. 58. Prior to issuance of an occupancy permit, the Developer shall make a fair share contribution to fund Project-related portions of any improvements needed to provide adequate electrical service to the Project. This measure shall be implemented to the satisfaction of the City Public Works Services Department in consultation with Southern California Edison. 59. The Developer shall comply with all applicable regulations and restrictions set forth in the City’s Municipal Code, including Section 7472 regarding restrictions on discharges into the sewer; and Section 5130 regarding achievement of annual diversion rates in compliance with AB 939. PLANNING COMMISSION ACTION Approval If the Planning Commission intends to approve this Project, the Commission should approve a motion to approve Conditional Use Permit No. CUP 14-18 and Architectural Design Review No. ADR 15-14 stating that the proposal satisfies the requisite findings, and adopt the attached Resolution No. 1940 that incorporates the requisite environmental documents, Conditional Use Permit 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 approve a motion to deny Conditional Use Permit Application No. CUP 14-18 and/or Architectural Design Review No. ADR 15-14, 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 has any questions or comments regarding this matter prior to the June 23, 2015 hearing, please contact Planning Services Manager, Lisa Flores at (626) 574-5445, or lflores@ArcadiaCA.gov. Resolution No. 1940 – CUP 14-18 & ADR 15-14 57 Wheeler Avenue June 23, 2015 – Page 24 of 24 Approved: Attachment No. 1: Resolution No. 1940 Attachment No. 2: Draft Initial Study/Mitigated Negative Declaration (IS/MND), dated May 2015, and Response to Comments, dated June 18, 2015 IS/MND Appendices – Technical Studies Appendix A – Air Quality and Greenhouse Gas Emission Calculations Appendix B – Oak Tree Evaluation Appendix C – Historic Resources Assessment Appendix D – Geotechnical Investigation Appendix E – Phase 1 Environmental Site and Re-check Report Appendix F – Traffic Impact Analysis Report Appendix G – Parking Analysis Attachment No. 3: Aerial Photo and Zoning Information Attachment No. 4: Architectural Plans Attachment No. 5: Photos of Surrounding Properties Attachment No. 1 Resolution No. 1940 Attachment No. 2 Draft Initial Study/Mitigated Negative Declaration (IS/MND), dated May 2015 and Response to Comments, dated June 18, 2015 The documents can be found under two separate attachments – refer to Part 2 and Part 3 of this packet Attachment No. 3 Aerial Photo and Zoning Information Overlays Selected parcel highlighted Parcel location within City of Arcadian/a n/a H-4 n/a Property Owner(s): Architectural Design Overlay: Downtown Overlay: Special Height Overlay: Parking Overlay: Lot Area (sq ft): Year Built: Main Structure / Unit (sq. ft.): General Plan: DMU Number of Units: DMU Zoning: Property Characteristics 1934 7,706 0 DPP ARCADIA LLC Site Address: 57 WHEELER AVE This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. Report generated08-Jun-2015 Page 1 of 1 Attachment No. 4 Architectural Plans Attachment No. 5 Photos of Surrounding Properties 57 Wheeler Avenue, Subject Property View on First Avenue (Subject Site to the left) East - Girl Scout Headquarters South – Medical Office North – Gold Line Plaza Santa Clara Street - Second entrance to the subject site through the 24 Hour Fitness parking