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HomeMy WebLinkAbout19401 RESOLUTION NO. 1940 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA APPROVING A CONDITIONAL USE PERMIT NO. CUP 14-18 AND ARCHITECTURAL DESIGN REVIEW NO. ADR 15-14 AND ADOPTION OF THE MITIGATED NEGATIVE DECLARATION APPROVING THE MITIGATED MONITORING & REPORTING PROGRAM FOR THE 57 WHEELER MIXED USE DEVELOPMENT AT 57 WHEELER AVENUE WHEREAS, in November 2014, Ms. Alicia Barclay on behalf of DPP Arcadia, LLC submitted applications for Conditional Use Permit No. CUP 15-14 and Architectural Design Review No. ADR 15-14 and draft Initial Study/Mitigated Negative Declaration for the 57 Wheeler 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 structure. The Project also includes a 2,730 square foot public outdoor plaza that will be located between the existing 24 Hour Fitness building and the property development, and a modification to the private open space for the residential units at 57 Wheeler Avenue (“Project”); and WHEREAS, on June 1, 2015, the Draft Initial Study/Mitigated Negative Declaration for the 57 Wheeler Avenue Mixed Use Project was circulated for public review and comments for 20-days from June 2, 2015 to June 22, 2015; and WHEREAS, the Initial Study/Mitigated Negative Declaration concluded that the implementation of the Project will have less-than-significant impacts with mitigation measures for the following areas: Biological Resources, Cultural Resources, Geology and Soils, Hazards/Hazardous Materials, and Traffic/Transportation; and WHEREAS, a lead agency approves a project requiring the implementation of measures to mitigate or avoid significant effects on the environment; CEQA also 2 requires a lead agency to adopt a mitigation monitoring and reporting program to ensure compliance with the mitigation measures during project implementation, and such a mitigation monitoring and reporting program has been prepared for the Project (the “Mitigation Monitoring and Reporting Program”) for consideration by the decision-maker of the City of Arcadia as lead agency for the Project; and WHEREAS, on June 23, 2015, a duly noticed public hearing was held before the Planning Commission on said applications, including the Initial Study/Mitigated Negative Declaration (“IS/MND”) 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 attached report and Mitigated Negative Declaration is 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 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 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 3 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. b. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized. FACT: 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. 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, 4 landscaping, and other features required to adjust said use with the land and uses in the neighborhood. FACT: 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. 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 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 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 exceeds the City’s minimum roadway and right-of-way standards for collectors, therefore no additional roadway dedication or widening would be required. e. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. 5 FACT: 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. 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 because the mixed use project will include a pedestrian scaled outdoor plaza area located along First Avenue between the new mixed-use building and the existing 24 Hour Fitness building to the north, and the Downtown Mixed Use Land Use Designation provides for more intense, mixed-use development surrounding the Gold Line Station to create a complete, compact, walkable neighborhood that encourages transit use. 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 6 Reporting Program have been prepared for the proposed development, and that the Project will have less-than-significant impacts with mitigation measures. SECTION 3. That for the foregoing reasons the Planning Commission approves Conditional Use Permit No. CUP 14-18 and Architectural Design Review No. ADR 15-14 and adoption of the Mitigated Negative Declaration approving the Mitigated Monitoring & Reporting Program for the 57 Wheeler Mixed Use Development at 57 Wheeler Avenue, subject to the conditions of approval attached hereto. SECTION 4. The Secretary shall certify to the adoption of this Resolution. Passed, approved and adopted this _____ day of _____________, 2015. ___________________________ Chairman, Planning Commission ATTEST: ______________________ Secretary APPROVED AS TO FORM: ______________________ Stephen P. Deitsch City Attorney 7 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 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 in a form and amount approved by the Community Development Director, or designee, 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%. 8 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. 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) 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 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 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. 10 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. 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 11 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. 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 12 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 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 13 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 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. 14 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, 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 15 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 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. 16 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. • 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. 17 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. 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. 18 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.