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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
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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
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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,
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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.
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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
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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
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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%.
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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.
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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.
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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
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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
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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
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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.
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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
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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.
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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.
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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.
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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.