HomeMy WebLinkAbout7101 RESOLUTION NO. 7101
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 15-02,
ARCHITECTURAL DESIGN REVIEW NO. ADR 14-23, AND TENTATIVE
TRACT MAP NO. TTM 73453 AND A MITIGATED NEGATIVE
DECLARATION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT (CEQA) FOR A THREE-STORY, MIXED-USE DEVELOPMENT AT
56 E. DUARTE ROAD
WHEREAS, on November 18, 2014, an application was filed by James Chou on
behalf of Pacific Plaza Arcadia, LLC, for the design review of a three-story mixed-use
commercial-residential project at 56 E. Duarte Road, Development Services
Department Case No. ADR 14-23; and
WHEREAS, on February 25, 2015, applications were filed by James Chou on
behalf of Pacific Plaza Arcadia, LLC, for a General Plan Amendment, Zone Change,
Conditional Use Permit, and Tentative Tract Map, to revise the General Plan
Designation and Zoning Designation of the subject site from Commercial to Mixed-Use,
and approve a three-story, mixed-use commercial-residential project with ground floor
retail and restaurant/cafe uses, and subdivide the residential units for condominium
purposes at 56 E. Duarte Road, Development Services Department Case Nos. GPA 15-
01, ZC 15-01, CUP 15-02, and TTM 73453 (the Design Review, General Plan
Amendment, Zone Change, Conditional Use Permit, and Subdivision applications are
hereafter individually and collectively referred to as the "Project"); and
WHEREAS, on October 6, 2015, the Draft Initial Study/Mitigated Negative
Declaration for the Project was circulated for public review and comments for 30 days
from October 6, 2015 to November 5, 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: Aesthetics, Biological Resources, Cultural Resources,
Greenhouse Gas Emissions, Hazards/Hazardous Materials, Hydrology, Noise, and
Transportation/Traffic; and
WHEREAS, on November 10, 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, and at said hearing the
Planning Commission adopted Resolution No. 1950 by a 4-0 vote with one
commissioner absent, recommending approval of the Project; and
WHEREAS, on December 15, 2015, a duly noticed public hearing was held
before the City Council on said applications, including the IS/MND at which time all
interested persons were given full opportunity to be heard and to present evidence; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have
occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
SECTION 1. That the factual data submitted by the Development Services
Department in the attached report and Initial Study/Mitigated Negative Declaration is
true and correct.
SECTION 2. The City Council finds, based upon the entire record:
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a. The granting of the 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 is guided by the policies and vision of
the General Plan for the First Avenue and Duarte Road Land Use Focus Area, and will
be consistent with the detailed development standards in the Zoning Code for mixed-
use developments. The Project will provide opportunities for complementary service
and retail commercial businesses and residential uses to locate on the subject site. The
Project will comply with all zoning and regulatory requirements, and with the mitigation
measures incorporated into the Project will not result in any significant impacts to the
surrounding properties or community as a whole. 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 vicinity.
b. The use applied for at the location indicated is properly one for which a
Conditional Use Permit is authorized.
FACT: The 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. The proposed Project will
provide an opportunity for a lively street scene to come to this area, and will help
revitalize the Duarte Road and First Avenue commercial area, since it will attract both
commuters to shop or dine, and residents who want to live within walking distance of
commercial amenities.
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c. The site for the proposed use is adequate in size and shape to accommodate
said use, and all yards, spaces, walls, fences, parking, loading, landscaping, and other
features required to adjust said use with the land and uses in the neighborhood.
FACT: The Project site is appropriate in size and shape to accommodate a
functional and desirable mixed-use development, which includes a pedestrian scaled
outdoor plaza area that is located along Duarte Road. The proposed number of total
parking spaces of 250 spaces exceeds the City's parking requirement of 239 spaces.
The proposed vehicular driveways and on-site circulation will provide effective
automobile access to the site, while also maintaining a safe separation from pedestrian
areas. The building footprint is within the maximum heights, setbacks, lot coverage and
other requirements of the Zoning Code and the design is articulated to help soften the
overall appearance and to shield active uses onsite with passive ones, both onsite and
at adjacent properties. Therefore, the site is adequate in size and shape to
accommodate the proposed use.
d. 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 Duarte Road, both of which
are adequate in width and pavement type to accommodate the traffic generated by the
proposed development. A channelized island at the Duarte Road driveway will limit
vehicles exiting from this location to a right-turn only. A Traffic Analysis prepared for
the Project finds that the Project will not create any significant traffic impacts at nearby
intersections or roadways.
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e. The granting of such Conditional Use Permit will not adversely affect the
comprehensive General Plan.
FACT: The Project includes a General Plan Amendment to revise the
underlying designation of the site from Commercial to Mixed Use. The Project would
advance the goals of the City's General Plan Mixed Use Land Use and Community
Design Element by providing complementary service and retail commercial businesses,
along with residential uses. It also would further the goals of the First Avenue and
Duarte Road Land Use Focus Area identified in the General Plan.
f. The Project together with the provisions for its design and improvement is
consistent with the City's General Plan, the City's Subdivision and Zoning Regulations,
the State Subdivision Map Act, and the City's Architectural Design Guidelines.
FACT: The proposed subdivision will allow the residential component of the
Project to be subdivided for condominium purposes. The subdivision is consistent with
the City's General Plan and Zoning Regulations, as amended by this Project, the City's
Subdivision Regulations, the State Subdivision Map Act, and the City's Architectural
Design Guidelines.
g. 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 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.
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SECTION 3. Based upon the Initial Environmental Study, the City Council finds
that a Mitigated Negative Declaration and the associated Mitigated Monitoring and
Reporting Program are appropriate for the Project and there will be less than significant
impacts on the environment as a result of the Project as further described in the Initial
Environmental Study.
SECTION 4. For the foregoing reasons, the City Council approves Conditional
Use Permit No. CUP 15-02, Architectural Design Review No. ADR 14-23, and Tentative
Tract Map No. TTM 73453, and adoption of the Mitigated Negative Declaration, subject
to the conditions of approval attached hereto.
SECTION 5. The City Clerk shall certify to the adoption of this Resolution.
Passed, approved and adopted this 15th day of December, 2015.
d___ /- %//
ayo rof the City of Arcadia
ATTEST:
Citif Clerk
APPROVED AS TO FORM:
kCt-7g-it 1)-rA XI\
Stephen P. Deitsch
City Attorney
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Conditions of Approval
1. The Conditional Use Permit for this project allows the following uses: a grocery
store with sale of alcoholic beverages; department stores and other high end retail
uses; and up to 9,540 square-feet of restaurant/bakery space with alcoholic
beverage service. Minor deviations from these approved uses shall be subject to
the review and approval of the Development Services Director, or designee. Any
deviations deemed by the Development Services Director, or designee, to be more
than minor in type or scope shall be subject to approval of a separate Conditional
Use Permit.
2. Prior to issuance of a building permit for construction of the new building, the
applicant/property owner shall prepare and submit an operational security plan that
addresses on-site security for the commercial, residential, and parking structure
areas, subject to the review and approval of the Community Development
Administrator, or designee.
3. Construction for this project shall avoid using First Avenue as either the haul route
or staging area. Prior to issuance of a grading or building permit, the developer
shall prepare a haul route and staging plan for trucks hauling earth or construction
materials from the project site to where this material will be disposed. The plan
shall be reviewed and approved by the Arcadia Engineering Services before a
grading or building permit is issued by the City.
4. On the final construction drawings, the southeast vehicular driveway to the parking
structure shall be relocated to be a minimum of 60 feet from the east property line
as measured to the nearest point of the driveway. The specific location shall be
subject to the review and approval of the Community Development Administrator,
or designee.
5. Commercial uses on the subject property shall neither be open more than sixteen
(16) hours, nor other than between 6:00 a.m. and midnight on any day; provided
however that a bakery use may be opened commencing at 5:00 a.m. on each day;
otherwise a separate Conditional Use Permit shall be required.
6. Storage of bikes, toys, laundry, clothing, or any other types of storage is prohibited
on any balcony or private patio area when said items are visible from any public
right-of-way. All patio furniture, patio decorations, barbeque equipment,
landscaping, and other patio items visible from the public right-of-way shall be
consistent in type and appearance with the City's property maintenance standards
and architectural design guidelines. This requirement shall be included in the
CC&R's for the residential condominiums.
7. Outdoor seating along First Avenue shall be restricted to the area directly adjacent
to the commercial space itself, and shall not extend in front of the parking
structure.
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8. On the final construction drawings, the gray stucco molding above the commercial
level shall be revised to either a precast concrete molding or a decorative brick cap
to match the brick veneer material of the ground floor, subject to the review and
approval of the Community Development Administrator, or designee.
9. The delivery hours for the commercial uses shall be limited to between 7 a.m. and
10 p.m., seven days a week.
10. Rooftop air conditioning units placed within 75 feet of the south property boundary
shall be enclosed at the south, west, and east sides by noise reducing screen
walls, subject to the review and approval of the Community Development
Administrator, or designee.
11. The applicant/property owner shall pay the cost in its entirety for an independent
contract planner/inspector to assist the City with the monitoring and reporting of the
required mitigation measures outlined in the Mitigated Negative Declaration. The
scope of work and selection of the contract planner/inspector shall be determined
by the Development Services Department, and an agreement shall be entered into
between the City and the contract planner/inspector as a consultant, in a form and
substance approved by the City Attorney, and shall be executed prior to issuance
of any building permits. The applicant/property owner shall deposit with the City in
advance of the execution of said agreement, a sum of money deemed by the City,
solely in its discretion, to be adequate to pay the consultant for such services, and
to replenish such deposit from time to time as deemed necessary by the City.
12. 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 Owner/Applicant will be required to pay a $125 map fee/final approval
fee prior to approval of the Tract Map.
b. Prior to approval of the Tract Map, submit a separate demolition and
erosion control plan prepared by a registered civil engineer subject to the
approval of the City Engineer, or designee.
c. Prior to approval of the Tract Map and/or issuance of a Certificate of
Occupancy for any portion of the building, the Owner/Applicant shall either
construct or post security for all public improvements to be shown on
Tentative Map 73453, and the following item(s):
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• The Owner/Applicant shall remove and replace the existing sidewalk, curb
and gutter along the property frontage of Duarte Road and First Avenue.
• The Owner/Applicant shall remove and replace the existing driveway
approaches along the entire property frontages on Duarte Road and First
Avenue as well as the alley approach on First Avenue.
• The Owner/Applicant shall reconstruct the curb ramp at the corner of
Duarte Road and First Avenue to meet current ADA/accessibility
standards.
• The Owner/Applicant shall remove and replace the existing asphalt alley
and concrete ribbon gutter to the south of the parcel per City Standard
from Property Line to Property Line.
• The Owner/Applicant shall identify on the Tract Map the relocation of any
existing power poles.
d. The Owner/Applicant shall submit a Grading Plan prepared by a
registered civil engineer subject to the approval of the City Engineer, or
designee prior to issuance of a building permit.
e. The Owner/Applicant shall permanently restrict the access at the project
driveway on Duarte Road to a right-in/right-out driveway in accordance
with the recommended circulation improvements identified in the Traffic
Impact Analysis prepared by LSA Associates, Inc., dated September
2015.
f. The Owner/Applicant shall designate the property frontage along Duarte
Road as a, "No Parking Zone."
g. The Owner/Applicant shall submit a Standard Urban Stormwater
Mitigation Plan in compliance with the City's Low Impact Development
Ordinance, subject to the approval of the City Engineer, or designee prior
to the issuance of a building permit.
h. The Developer shall provide calculations to determine the maximum
domestic demand, maximum commercial demand, and maximum fire
demand in order to verify the required water service size.
i. The Developer shall provide separate water services and meters for the
residential, commercial, irrigation and fire services.
j. Domestic water service for the residential condominiums shall be provided
by a common master meter installed within the public right-of-way.
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k. All fire services shall be isolated from domestic water services with
approved backflow prevention devices.
1. A Water Meter Permit Application shall be submitted to the Public Works
Services Department and approved by the Public Works Services
Director, or designee prior to final plan check approval.
m. New water service installations shall be completed by the Developer.
Installations shall be according to the specifications of the Public Works
Services Department, Engineering Section. Abandonment of existing
water services, if necessary, shall be by the Developer, according to
Public Works Services Department, Engineering Section specifications.
n. Connection to the 15" sewer, owned by the Sanitation Districts of Los
Angeles County, in the First Avenue right-of-way shall require approval
from the Sanitation Districts of Los Angeles County and an encroachment
permit from the City.
o. Existing palm trees in the parkway on Duarte Road and First Avenue shall
remain. The Owner/Applicant shall remove the second tree south of
Duarte Road on First Avenue with a permit from the Public Works
Services Department and replace it with one 24" box Queen Palm.
p. The project is subject to the State Water Resources Control Board's
NPDES General Construction Permit requirements. The Owner/Applicant
shall submit a Notice of Intent along with applicable fees to the State of
California and shall prepare a Stormwater Pollution Prevention Plan. The
City will not issue a grading permit until a Waste Discharge ID Number is
furnished by the Owner/Applicant for this project.
q. The project is subject to City of Arcadia Industrial Waste requirements.
Prior to issuance of a building permit, the Owner/Applicant shall submit
two sets of plumbing plans to the Public Works Services Department for
their review and approval. Grease Interceptors shall be required for all
restaurant/cafe uses.
r. The design of the project shall comply with the applicable California
Residential Code and the City of Arcadia 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.
s. All areas shall be fire sprinklered. The sprinkler systems serving
commercial areas and residential areas shall be segregated. The fire
sprinkler system shall be monitored by a UL listed central station.
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Notification appliances shall be provided in all common areas and
residential areas.
t. Class I standpipes shall be provided inside stairwells 1, 2, and 3 on all
levels including the roof. Minimum 2A:1 OBC fire extinguishers shall be
provided in all commercial/parking areas, and on the exterior of the ground
floor of the residential areas. Maximum travel distance to any extinguisher
shall be 75 feet.
u. Two new fire hydrants shall be provided adjacent to the project at the
south side of Duarte Road, and two new fire hydrants shall be provided at
the west side of First Avenue.
v. A Knox boxes shall be provided adjacent to the Lobby area and outside
stairwells 1 and 3 with keys to all common areas and to the commercial
units. Any automatic gates used in parking areas shall be equipped with a
Knox switch.
13. 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 rights-of-way.
14. 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.
15. Satellite dishes shall not be placed where they are visible from public rights-of-way.
This requirement shall be included in the CC&R's for the residential condominiums.
16. 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 authorized trash container is prohibited.
Storage of trash bins or trash or recycling containers outside of the building for
more than 18 hours is prohibited.
17. 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
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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.
18. Approval of GPA 15-01, ZC 15-01, ADR 14-23, CUP 15-02, TTM 73453 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 19 — 38 are found in the Mitigation
Monitoring and Reporting Program (MMRP). They are recorded here to facilitate review
and implementation.
19. AES-1 Prior to issuance of a building permit, the applicant shall demonstrate that
all project windows are glazed or otherwise treated to minimize glare on
surrounding roads and properties, to the satisfaction of the Development Services
Director or designee.
20. BIO-1 Construction in either phase should not occur during the local nesting
season (estimated February 1 to July 15). If any construction occurs during the
nesting season, a nesting bird survey shall be conducted by a qualified biologist
prior to the issuance of a grading permit or removal of any large trees on the
existing property. If the biologist determines that nesting birds are present, an area
of 100 feet shall be marked off around the nest and no construction activity can
occur in that area during nesting activities. Grading and/or construction may
resume in this area when a qualified biologist has determined the nest is no longer
occupied and all juveniles have fledged. This measure shall be implemented to the
satisfaction of the City Planning Services.
21. CUL-1 If archaeological resources are discovered during project grading, work
shall be halted in that area until a qualified archaeologist can be retained by the
developer to assess the significance of the find. The project archaeologist shall
observe the remaining earthmoving activities at the project site consistent with
Public Resources Code Section 21083.2(b), (c), and (d). The monitor shall be
equipped to record and salvage cultural resources that may be unearthed during
grading activities. The monitor shall be empowered to temporarily halt or divert
grading equipment to allow recording and removal of the unearthed resources.
22. CUL-2 If paleontological resources (fossils) are discovered during project grading,
work will be halted in that area until a qualified paleontologist can be retained to
assess the significance of the find. The project paleontologist shall monitor
remaining earthmoving activities at the project site and shall be equipped to record
and salvage fossil resources that may be unearthed during grading activities. The
paleontologist shall be empowered to temporarily halt or divert grading equipment
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to allow recording and removal of the unearthed resources. Any fossils found shall
be evaluated in accordance with the CEQA Guidelines and offered for curation at
an accredited facility approved by the City of Arcadia. Once grading activities have
ceased or the paleontologist determines that monitoring is no longer necessary,
monitoring activities shall be discontinued. This measure may be combined with
CUL-1 at the discretion of the City Planning Services.
23. CUL-3 In the event of an accidental discovery or recognition of any human
remains, California State Health and Safety Code § 7050.5 dictates that no further
disturbance shall occur until the County Coroner has made the necessary findings
as to origin and disposition pursuant to CEQA regulations and PRC § 5097.98. If
human remains are found, the LA County Coroner's office shall be contacted to
determine if the remains are recent or of Native American significance. Prior to
issuance of a grading permit, the developer shall include a note to this effect on
the grading plans for the project.
24. GHG-1 To ensure that the proposed project complies with and would not conflict
with or impede the implementation of reduction goals identified in Assembly Bill 32,
the Governor's Executive Order S-3-05, and other strategies to help reduce
greenhouse gases (GHGs) to the level proposed by the Governor, the project will
implement a variety of measures that will reduce its GHG emissions. To the extent
feasible, and to the satisfaction of the City of Arcadia, the following measures will
be incorporated into the design and construction of the project (including specific
building projects):
Construction and Building Materials. Divert at least 50 percent of the
demolished and/or grubbed construction materials (including, but not limited to,
soil, vegetation, concrete, lumber, metal, and cardboard).
Energy Efficiency Measures. Design all project buildings to exceed the California
Building Code Title 24 energy standard by 10 percent, such as by installing
energy-efficient heating and cooling systems, appliances and equipment, and
control systems.
Water Conservation and Efficiency Measures. Devise a comprehensive water
conservation strategy appropriate for the project and its location. The strategy may
include the following, plus other innovative measures that may be appropriate:
• Create water-efficient landscapes within the development.
• Install water-efficient irrigation systems and devices, such as soil moisture-
based irrigation controls.
• Restrict watering methods (e.g., prohibit systems that apply water to non-
vegetated surfaces) and control runoff.
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25. HAZ-1 During grading of the project site, including the subterranean parking
structure, a hazardous waste monitor shall be present to determine if onsite
soils contain contamination from local sources. If contamination is observed,
the monitor shall be empowered to halt work in that area to determine the
nature and extent of contamination. The monitor shall make arrangements as
appropriate to safely remediate any contaminated materials including disposal
by a certified contractor at an approved landfill. If no contamination is found,
the monitor shall file a brief report with the City within 30 days of the
completion of grading. This measure shall be implemented to the satisfaction
of the City Planning Services.
26. HYD-1 Prior to issuance of a grading permit, the developer shall file a Notice
of Intent (NOI) with the State Water Resource Control Board to be covered
under the National Pollutant Discharge Elimination System (NPDES) General
Construction Permit for discharge of storm water associated with construction
activities. The project developer shall submit to the City the Waste Discharge
Identification Number issued by the State Water Resource Control Board
(SWRCB) as proof that the project's NOI is to be covered by the General
Construction Permit and has been filed with the SWRCB. This measure shall
be implemented to the satisfaction of the City Engineer, or designee.
27. HYD-2 Prior to issuance of a grading permit, the developer shall submit to the
State Water Resource Control Board (SWRCB) and receive approval for a
project-specific Storm Water Pollution Prevention Plan (SWPPP). The SWPPP
shall include a surface water control plan and Erosion and Sediment Control
Plan citing specific measures to control on-site and off-site erosion during the
entire grading and construction period. In addition, the SWPPP shall
emphasize structural and nonstructural best management practices (BMPs) to
control sediment and non-visible discharges from the site. BMPs to be
implemented may include (but shall not be limited to) the following:
• Potential sediment discharges from the site may be controlled by the
following: sandbags, silt fences, straw wattles, fiber rolls, a temporary
debris basin (if deemed necessary), and other discharge control devices.
The construction and condition of the BMPs are to be periodically
inspected by the State Water Resources Control Board during
construction, and repairs are to be made as required.
• Area drains within the construction area must be provided with inlet
protection. Minimum standards are sandbag barriers, or two layers of
sandbags with filter fabric over the grate, properly designed standpipes,
or other measures as appropriate.
• Materials that have the potential to contribute non-visible pollutants to
storm water must not be placed in drainage ways and must be placed in
temporary storage containment areas.
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• All loose soil, silt, clay, sand, debris, and other earthen material shall be
controlled to eliminate discharge from the site. Temporary soil
stabilization measures to be considered include: covering disturbed areas
with mulch, temporary seeding, soil stabilizing binders, fiber rolls or
blankets, temporary vegetation, and permanent seeding. Stockpiles shall
be surrounded by silt fences and covered with plastic tarps.
• Implement good housekeeping practices such as creating a waste
collection area, putting lids on waste and material containers, and
cleaning up spills immediately.
• The SWPPP shall include inspection forms for routine monitoring of the
site during the construction phase.
• Additional required BMPs and erosion control measures shall be
documented in the SWPPP.
• The SWPPP is to be kept on site for the duration of project construction
and shall be available to the State Water Resource Control Board for
inspection.
The developer and/or construction contractor shall be responsible for
performing and documenting the application of BMPs identified in the project-
specific SWPPP. Regular inspections shall be performed on sediment control
measures called for in the SWPPP. Monthly reports shall be maintained and
available for City inspection. An inspection log shall be maintained for the
project and shall be available at the site for review by the City and the State
Water Resource Control Board as appropriate.
28. HYD-3 Prior to issuance of a grading permit, the applicant shall prepare a Low
Impact Development (LID) Plan and the site plans shall illustrate the various
long-term water quality control features to be installed on this project
consistent with the City's LID Ordinance as codified in the City's Municipal
Code (MC) Section 8, Stormwater Management and Discharge Control,
Sections 7810-7840. The LID Plan and site development plans shall
incorporate the following Best Management Practices (BMPs) as outlined in
MC Sections 7823 and 7828 as appropriate to control pollutant runoff and to
reduce impacts to water quality to the maximum extent practicable:
• Divert roof runoff to landscaped areas before discharge.
• Divert surface flow to landscaped areas.
• Maximize permeable areas and minimize impermeable areas per City MC
Section 7828(B).
• Retain stormwater runoff onsite per City MC Section 7828(C).
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• Provide biofiltration or other appropriate onsite treatment for runoff that
cannot be retained onsite per City MC Section 7828(C).
• Maximize interception and water conservation by planting native and/or
drought-tolerant plants.
• Install an irrigation system and provide landscape maintenance to
minimize water runoff.
• Provide regular mechanical sweeping of private streets and parking lots.
• Provide regular drainage facility inspection and maintenance per City LID
guidelines.
This measure shall be implemented to the satisfaction of the City Engineer, City
Public Works Services Department, and City Planning Services as appropriate,
consistent with the City's LID Ordinance.
29. HYD-4 Prior to occupancy permit, the developer shall install an emergency
sump-pump in the basement of the project. This sump-pump shall include an
emergency generator or backup battery in case of power outages. The
installation of the sump-pump shall be completed to the satisfaction of the City
Engineer, or designee.
30. NOI-1 Prior to issuance of grading and building permits for each phase of the
project, the developer shall prepare a Construction Noise Control Plan and will
submit the plan to the City for review and approval. The plan shall include but
will not be limited to the following:
• During all project site excavation and grading on site, the project
contractors shall equip all construction equipment, fixed or mobile, with
properly operating and maintained mufflers consistent with
manufacturers' standards.
• The project contractor shall place all stationary construction equipment so
that emitted noise is directed away from sensitive receptors nearest the
project site.
• The construction contractor shall locate equipment staging in areas that
will create the greatest distance between construction-related noise
sources and noise-sensitive receptors nearest the project site during all
project construction.
• Temporary construction barriers with a minimum height of 8 feet shall be
placed along the project's southern and eastern property line during
project construction.
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• During all project site construction, the construction contractor shall limit
all construction-related activities, including maintenance of construction
equipment and the staging of haul trucks, to between the hours of 7:00
a.m. to 6:00 p.m. Monday through Friday and 8:00 a.m. to 5:00 p.m. on
Saturday. No construction is permitted on Sundays or any CA
Government Code holidays.
• Prior to issuance of a grading or building permit, the developer shall
prepare a haul route and staging plan for trucks hauling earth or
construction materials from the project site to where this material will be
disposed. The plan shall be reviewed and approved by the Arcadia
Engineering Services before a grading or building permit is issued by the
City. To the extent feasible, haul routes and truck staging areas shall not
pass sensitive land uses or residential dwellings.
• The developer shall mail written notification to residential occupants
within 300 feet of the project site at least 72 hours prior to initiation of
demolition, grading, and excavation activities. This notification shall
include a rendering of the project; a project description; the allowable
construction hours; the duration of various demolition and construction
activities; a description of noise reduction measures/requirements; a
name and telephone number for local residents to call to submit
complaints associated with construction noise. The notification shall be
reviewed and approved by Planning Services prior to being mailed. In
addition, a 16 square-foot developer-contractor sign with this information
shall be posted on-site at both the Duarte Road frontage and at the First
Avenue frontage.
31. NOI-2 Prior to the issuance of building permit for each phase, the developer shall
demonstrate that all frontline bedrooms and living rooms along Duarte Road and
First Avenue shall have air-conditioning to minimize noise impacts from Duarte
Road and First Avenue.
32. NOI-3 Prior to issuance of occupancy permits windows with sound transmission
class 30 or higher shall be installed for bedrooms and living rooms along and
within 50 feet of the Duarte Road right-of-way.
33. NOI-4 Prior to issuance of a building permit for each phase, the developer shall
demonstrate that roof-mounted air conditioning units have been placed as far
from the south property boundary as practical to minimize long-term noise
impacts from AC units on adjacent residential units.
34. NOI-5 A Disclosure Statement shall be provided to future tenants or owners of
the dwelling units on Duarte Road prior to the lease or purchase of these
dwelling units. The Disclosure Statement shall state that due to the mixed use
nature of the site, outdoor living areas such as balconies associated with these
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dwelling units that are directly fronting and exposed to traffic along Duarte Road
would be exposed to excessive traffic noise levels.
35. NOI-6 Signs shall be posted at all loading and unloading docks prohibiting
deliveries to the onsite commercial uses outside of the daytime hours of 7:00
a.m. to 10:00 p.m. This requirement will be included in the project's conditional
use permit which may be revoked if posted delivery hours are not followed.
36. TRA-1 Prior to issuance of a grading permit, the developer shall prepare a haul
route plan for trucks hauling earth or construction materials from the project site
to where this material will be disposed. The plan shall be reviewed and approved
by the Arcadia Engineering Services before a grading or building permit is issued
by the City, and the City has the ability to limit any hauling activity to off-peak
hours.
37. TRA-2 The developer shall notify the City a minimum of seven (7) days prior to
the beginning of any earth moving and or truck hauling activities on the site. The
City shall assess the roadway conditions along the haul route and the developer
shall be responsible for any damages caused to the route during the hauling
activities. The developer shall be responsible for repairing any damages
identified by the City prior to occupancy of any part of the project.
38. TRA-3 Prior to issuance of an occupancy permit, the developer shall be
responsible for installing or causing the following circulation improvement to be
constructed to the satisfaction of the City Engineer, or designee:
• Project Driveway 1/Duarte Road: Restrict access at the project driveway
on Duarte Road to a right-in/right-out driveway.
39. Shopping carts provided by any commercial tenants shall be equipped with
technology to prevent removal from the site, subject to the review and approval
of the Development Services Director, or designee.
40. No more than one-third of the residential units shall be available for rental.
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA )
I, GENE GLASCO, City Clerk of the City of Arcadia, hereby certifies that the
foregoing Resolution No. 7101 was passed and adopted by the City Council of the City of
Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said
Council held on the 15th day of December, 2015 and that said Resolution was adopted by
the following vote, to wit:
AYES: Council Member Beck, Chandler, Segal, Tay, and Kovacic
NOES: None
ABSENT: None
City Clerk of the Cites of Arcadia
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