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Home My WebLink AboutItem 1a: General Plan Update, Environmental Impact Report, Zoning Code Amendments and New Zoning MapSUMMARY STAFF REPORT Development Services Department DATE: November 16, 2010 TO: Mayor and City Council FROM: Jason Kruckeberg, Assistant City Manager /Development Services Directo— Lisa L. Flores, Senior Planner SUBJECT: GENERAL PLAN UPDATE (GPA 10 -02), ENVIRONMENTAL IMPACT REPORT (SCH #2009081034), PROPOSED ZONING CODE AMENDMENTS (TA 10 -01 AND TA 10 -02), AND NEW ZONING MAP FOR THE CITY OF ARCADIA (ZC 10 -01). Recommendation: Certification of Final Environmental Impact Report and Approval of General Plan Update The Project is a comprehensive update of the City of Arcadia General Plan, which serves as a Tong -range policy document that guides the development of the City. The General Plan Update began in April of 2008. The project has progressed through many phases over the past two and half years, including: • Public outreach and community workshops; • Development of Guiding Principles; • Selection and examination of Land Uses and Development of the Land Use Plan Focus Areas; • Approval from HCD of the Draft Housing Element; • Development of the General Plan goals, policies, objectives, and actions; and • Circulation and review of the Environmental Impact Report. The proposed General Plan has been shaped by input from the public through multiple workshops and hearings held by both the Planning Commission and City Council at each step along the way. The General Plan Advisory Committee (GPAC) held nine meetings to discuss and recommend policies and focus areas for the Plan. Most recently, the Planning Commission held a public workshop on the proposed zoning code amendments and both the Planning Commission and City Council each held two (2) study sessions to familiarize themselves with the Plan. This process has culminated in the completed General Plan, Final Environmental Impact Report (EIR), and updates to the Zoning Ordinance and Zoning Map. The proposed General Plan contains eight Elements. Seven elements are required by State law: Land Use, Housing, Transportation, Open Space, Conservation (or Resource Sustainability), Safety, and Noise. The eighth element, Economic Development, is an optional element that addresses issues important to Arcadia. To meet the requirements of the California Environmental Quality Act (CEQA) a Final Environmental Impact Report (FEIR) has been prepared for the proposed Project (State Clearinghouse #2009081034). The Development Services Department is recommending approval of the above documents and certification of the FEIR, with its the project requirements and mitigations outlined in the Mitigation Monitoring and Reporting Program (MMRP), and the Statement of Overriding Considerations (SOC) set forth in Section 5 of the staff report. A resolution and three ordinances are included within Section 7 that reflect approval. The Planning Commission held a public hearing on the project on October 26, 2010 and voted 5 -0 to recommend approval of all documents. In order to facilitate review of the Project, the staff report has been organized into the following sections and exhibits: Section 1: Section 2: Section 3: Section 4: Section 5: Section 6: Section 7: Attachments Exhibit A1: Exhibit A2: Exhibit A3: Exhibit A4: Exhibit B1: Exhibit B2: Exhibit C: Exhibit D: Background and Public Outreach Process General Plan Update Proposed Zoning Code Amendments Environmental Analysis Statement of Overriding Considerations City Council Recommended Action Resolutions and Ordinances Matrix of Proposed Changes to the initial Draft General Plan Update Revised Buildout Tables for the Land Use and Community Design Element Revised graphics for Downtown Arcadia and Noise Element Matrix of Proposed Changes from the Planning Commission Hearing of October 26, 2010, additional staff edits, and the City Council Study Session on October 27, 2010 Redlined text showing Code changes from Text Amendment No. 10 -01 (New zoning designations within the regulations to the Zoning Ordinance) Redlined text showing Code changes from Text Amendment No. 10 -02 (Amending existing zoning code regulations) Proposed Official Zoning Map Correspondence Note: The Draft General Plan and Final Environmental Impact Report were previously distributed. Please bring these documents to the public hearing. The blue folder that held the original draft of the Text Amendments can be discarded. The attached Exhibit B provides the final redlined text of the Text Amendments. General Plan Update November 16, 2010 Page 2 BACKGROUND SECTION 1 BACKGROUND AND PUBLIC OUTREACH PROCESS The Planning staff has been working with Hogle- Ireland, Inc. (General Plan Consultant) over the past 2 -plus years to prepare the General Plan Update document and Program Environmental Impact Report (PEIR). This long -range policy document will guide the City's development over the next 25 years. The City's existing General Plan was last updated in 1996 and the Housing Element was updated in 2001. Since the last update, several State and regional issues have emerged and have been addressed in the proposed update. There have been State mandates required of local agencies that need to be addressed in General Plans in response to issues such as increased greenhouse gases and regional transportation plans. This update was also an opportunity to engage the community on what goals and vision they have for the City. Each of the components of the project is briefly described below: A. New General Plan (GPA 10 -02) The Project is a comprehensive update to the Arcadia General Plan, which serves as a Tong -range policy document that guides the development of the City, and establishes goals, policies, and programs for long -term physical development, quality of life, and public safety in the community. The horizon year for the General Plan is 2035. The Project area consists of the city limits and properties within the City's Sphere of Influence. Section 2 of this Staff Report provides details on the Update, and Exhibit 'A' includes a matrix of proposed changes to the initial Draft General Plan Update based on comments from the public, City staff, and other agencies as well as other edits and modifications since the original publication of the Draft General Plan. B. Proposed Zoning Code Amendments (TA 10 -01 and TA 10 -02) The proposed zoning code amendments are to enact the recommendations within the draft General Plan. The proposed amendments are presented in Exhibit 'B' in redline form for ease of review. In addition, Section 3 of this staff report explains the proposed zoning code amendments. In summary, the proposed changes are as follows: • Establishing a new Downtown Mixed Use Zone around the planned Gold Line Station. • Applying a new Mixed Use Zone along East Live Oak Avenue and along South First Avenue. • Accommodating New State - mandated Housing Types: Accessory Dwelling Units in Single - Family zones, Emergency Shelters, Residential Care Facilities, Supportive Housing, and Transitional Housing. General Plan Update November 16, 2010 Page 3 • Revising the R -3 regulations: Removing the unit size requirement, allowing a maximum density of 30 units per acre, amending parking and driveway regulations, and adjusting required setbacks. • Regulations for a new Restricted Multi - Family Zone for the apartments on the west side of South Baldwin Avenue across from the Westfield mall. • Revisions to the Commercial- Manufacturing zone • Revisions to the Density Bonus Ordinance for Multiple - Family projects. • Revisions to the off- street parking requirements for commercial uses. C. Environmental Impact Report (EIR) Certification (SCH #2009081034) A Draft EIR was prepared for the City of Arcadia to assess potential environmental impacts of the General Plan Update and was made available and circulated for public review and comment pursuant to the provisions of the California Environmental Quality Act (CEQA). The EIR also examined environmental impacts for alternatives to the project as required by State law. Section 4 of this staff report explains the Final EIR, which includes Responses to Comments, Mitigation Monitoring and Reporting Program, Errata, Findings of Fact, and a Statement of Overriding Considerations, which has been prepared to assess the potential environmental consequences of adoption and implementation of the Proposed General Plan. D. New Zoning Map (Zone Change No. ZC 10 -01) The Land Use Element of the General Plan Update includes a map showing land use designations for all parcels of land within the City. Per State law, the City's zoning is encouraged to be consistent with the General Plan. The proposed new Official Zoning Map will bring the City's zoning into consistency with the Land Use Element of the General Plan. The new Zoning Map is included as Exhibit 'C' PUBLIC OUTREACH The process has involved several levels of community outreach and public participation. The public outreach consisted of Stakeholder Interviews, the formation of a General Plan Advisory Committee (GPAC); six (6) community workshops; the creation of a General Plan website (www.ArcadiaGeneralPlan.com); and periodic newsletters and articles in local newspapers, on the radio, and on a community interest website. This comprehensive approach in obtaining direct public input into the General Plan Update process ensures that multiple avenues were explored and employed to gain substantive input from the community during the entire General Plan Update process. Since the initial General Plan kick -off workshop in May 2008, the following workshops, meeting, and milestones have been completed. Summaries and minutes from all these meetings are available on the General Plan website and can be provided upon request. Each of the public outreach components of the General Plan are described below: 1) May — June 2008, Stakeholder Interviews were conducted with the City Council, Planning Commissioners, community leaders, homeowners association representatives, members of the business community, hospital officials, school General Plan Update November 16, 2010 Page 4 district officials, and the City executive staff to receive ideas for Arcadia's future and to identify possible approaches to meeting anticipated challenges. 2) May 2008, launch of the General Plan website, 'www.ArcadiaGeneralPlan.com.' 3) May 31, 2008, Community Workshop #1, the City held its first community workshop on Saturday, May 31, 2008 at the Police Department Open House and Safety Fair. The City and General Plan consultant introduced the General Plan program to Arcadia residents and gathered input from participants on potential General Plan issues and on an overall vision for Arcadia's future. There were 6 stations for the public to review and comment on various aspects of the General Plan Update: • General Plan Information • Land Use (Live Oak in year 2025 and Downtown and Beyond) • Housing • Sustainability • Traffic and Mobility • Neighborhood Issues The event was well attended and staff received great feedback from over 150 residents that participated in the workshop. 4) July 31, 2008, GPAC Meeting #1, the GPAC convened for the first of a series of meetings. The purpose of the GPAC was to provide the City's decision - makers, City staff, and the General Plan consulting team with local insight and knowledge. The GPAC members are Arcadia residents and representatives of diverse organizations and affiliations such as homeowner associations, the Arcadia Chinese Association, Arcadia Wins, Arcadia First, City Commissioners, and local real estate and development professionals. At this first meeting, the GPAC discussed potential areas in the City where change could occur. 5) September 25, 2008, GPAC Meeting #2, discussed and developed the Guiding Principles for the General Plan. 6) October 11, 2008, Downtown Workshop #2, more than 35 people gathered in the Arcadia Women's Club to discuss and plan the future of the City's Downtown. The workshop consisted of a slide presentation followed by a moderated public comment session. In order to focus discussion of the various issues affecting Downtown, the General Plan team divided Downtown into four areas: 1) The future Gold Line Station and surrounding properties 2) First Avenue and Huntington Drive 3) Santa Anita Avenue 4) The Industrial -Zoned Area 7) November 20, 2008, GPAC Meeting #3, the objective of the meeting was to finalize the edits to the Guiding Principles, review the results of the Downtown Workshop, and present information to the GPAC to help guide future discussions on the General Plan Update. General Plan Update November 16, 2010 Page 5 8) January 29, 2009 and February 5, 2009, GPAC Meetings #4 and #5, the objective of the meetings was to introduce the proposed land use designations and to review land use alternatives for the General Plan Study Areas. 9) February 24, 2009, a Joint Planning Commission /City Council Study Session was held to receive concrete recommendations on land uses for each of the focus areas before Staff proceeded with the Land Use Plan. The City Council and Planning Commission agreed with the vision for a number of the study areas, but felt that the recommendations for mixed -use development were too aggressive and represented too much potential change. 10) May 12, 2009, Planning Commission Study Session, in response to the direction established by the City Council and Planning Commission, the purpose of this study session was to review the proposed revisions to limit the mixed use designations in the Downtown and Live Oak Corridor; and revise the land use alternatives for four areas: 1) Foothill Boulevard; 2) Downtown; 3) Duarte Road /First Avenue; and 4) Baldwin Avenue /Duarte Road. The Planning Commission also reviewed the Guiding Principles and build -out assumptions for the Land Use section of the Plan. The Commission agreed with the revisions made to the land use concept and they felt the concept is appropriate and in -line with the goals and objectives of the City's long term vision. 11) May 21, 2009, GPAC Meeting #7, the GPAC met to refine and finalize the recommendations, review Economic Pro Formas, and each GPAC member presented two or three policies they would like included in the General Plan. 12) June 9, 2009, Planning Commission Meeting, the Commission voted 5 -0 to forward the revised land use concepts to the City Council. 13) July 7, 2009, City Council Study Session to review the proposed land use concept. A presentation was provided that outlined the recommendations from the GPAC and the Planning Commission. Issues related to protection of single - family neighborhoods, residential density, location of new housing units, and the requirements established by the State of California through the Regional Housing Needs Allocation (RHNA) were discussed. The Council continued the study session to the July 21 meeting to further discuss this important matter as well as to complete the presentation from Staff related to planning and land use in the Downtown area and along Live Oak Avenue. In addition, the Council asked that additional information be brought back by Staff as to how density determined and additional details on the State's requirements. 14) July 21, 2009, continued City Council Study Session, the Council reviewed the additional information regarding the recommendation to change the residential density in the City's existing R -3 zones from 24 units an acre to 30 units per acre; the State's requirements, and the build -out assumption. The Council unanimously agreed to change the Downtown Mixed Use concept to require commercial uses on the ground floor; permit only commercial uses along the Santa Anita Corridor; and reduce the FAR from 2.0 to 1.0 and the potential building height from 60' to 45'; this includes the properties along Colorado Place. General Plan Update November 16, 2010 Page 6 15) July 30, 2009, GPAC Meeting #8, the objective of the meeting was to discuss: 1) Sustainability and Green Initiatives; 2) What are we doing now (presentation by Arcadia Public Works); 3) What are other neighboring cities doing; and 4) Policies the GPAC want in the General Plan related to Sustainability 16) August 4, 2009, General Plan Business Workshop #3, a special workshop to discuss the Arcadia General Plan and get thoughts and ideas from the business community. This workshop was sponsored by the City and Arcadia Chamber of Commerce. 17) August 27, 2009, EIR Scoping Meeting, a workshop to inform the public of the proposed project and the City's intent to complete an Environmental Impact Report (EIR), present an overview of the Environmental Review process, raise potential environmental issues that should be examined in the EIR, and obtain public comments. 18) November 4, 2009, GPAC review of the Draft General Plan, the draft Elements were divided into two packets to make the workload and review process more manageable. The first packet included: Introduction to the General Plan, Table of Contents, the Resource Sustainability Element, the Parks and Recreation & Community Resources Element, and the Safety Element. 19) November 16, 2009, GPAC review of the Draft General Plan, the second packet was distributed to the GPAC which included: Land Use & Community Design, Circulation & Infrastructure, Noise, Economic Development, and the Glossary. The GPAC elected to have a single meeting at the end of the process to review the entire Draft General Plan on December 10, 2009. 20) December 10, 2009, GPAC Meeting #9, discussed the GPAC comments on the Draft General Plan. 21) January 26, 2010, Planning Commission Study Session to provide the Commission with an update on the Housing Element portion of the General Plan and to forward any recommendations and /or suggestions to the City Council. 22) February 16, 2010, City Council Study Session to provide the Council with an update on the Housing Element portion of the General Plan. 23) April 22, 2010, GPAC Meeting #10 to discuss the release date of the Draft General Plan to the public, the GPAC's role, and public outreach efforts. 24) April 28, 2010, the Draft General Plan was released for public review. The document was made available on the General Plan website, at City Hall ,and at the City's Library. 25) In May and June, City staff went through an extensive marketing and outreach process to introduce the Draft General Plan that included: • A two -page mailer sent with the Water Bill along with the Arcadia "Hot Sheet ", General Plan Update November 16, 2010 Page 7 • A six -page informational brochure mailed to residents and provided at all public workshops, • Articles in the City Newsletter, Pasadena Star News, Arcadia Weekly, and coverage of all activities on the City website, • Attendance and presentations at the following meetings: 1. Arcadia's Firefighters' Annual Pancake Breakfast (May 1) 2. Chamber of Commerce Government Affairs and Forum (May 6) 3. Arcadia Chinese Association (May 19) 4. Chamber of Commerce Board of Directors (May 27) 5. Real Estate Professionals Meeting (May 27) 6. Property Owners of the Downtown Area (June 1) 7. Community Workshop #4 (June 3) 8. Community Workshop #5 (June 23) 9. Arcadia Association of Realtors (June 30) 26) July 19, 2010, the Notice of Availability (NOA) was released to inform the public and governmental agencies that the Draft Program EIR was available for public review and comment. The 45 -day public review period ended September 1, 2010. 27) September 14, 2010, Department of Housing and Community Development determined that the Draft Housing Element complies with State Housing Element law and that the document can be certified after the General Plan is adopted locally. 28) September 14, 2010, Planning Commission Public Meeting to discuss proposed Text Amendments to the Arcadia Municipal Code. 29) September 28, 2010, Planning Commission Study Session #1 on all General Plan materials. 30) October 5, 2010, City Council Study Session #1 on all General Plan materials. 31) October 12, 2010, Planning Commission Study Session #2 on all General Plan materials. 32) October 26, 2010, Planning Commission Public Hearing on all General Plan materials. Project recommended for approval on 5 -0 vote. 33) October 27, 2010, City Council Study Session #2 on all General Plan materials. The aforementioned workshops and meetings clearly indicate that our public outreach efforts were a very important and successful component of the General Plan Update. Staff believes the General Plan Update successfully focuses on creating a more vibrant Downtown around the planned Gold Line Station, will revitalize aging commercial areas, allow for modest density increases in multi - family residential neighborhoods, accommodate alternative travel modes, and maintain the City's infrastructure and community facilities. Most importantly the Plan seeks to connect the goals with today's Arcadians to ensure that the community's priorities are addressed. General Plan Update November 16, 2010 Page 8 SECTION 2 GENERAL PLAN UPDATE The General Plan is a long range planning document that serves as a blueprint for the physical development of the community for decision - makers and the public. The goal and purpose of the General Plan is to present the vision for Arcadia and give guidance for to its implementation. The Plan accomplishes this through a series of policies and implementation actions that are applied to both public and private development projects and decision making. Within the Sphere of Influence where the City does not have development authority, the General Plan seeks to guide the appropriate decision making bodies to reinforce our City's vision. By State law, a General Plan must be comprised of seven mandatory elements: land use, circulation, open space, conservation, safety, noise, and housing. Cities may include optional elements in their General Plan to cover additional topics relevant to their community. The Arcadia General Plan consists of an introduction, eight elements, and implementation plan, as listed below: 1) Introduction 2) Land Use and Community Design Element 3) Economic Development Element 4) Circulation and Infrastructure Element 5) Housing Element 6) Resource Sustainability Element 7) Parks, Recreation, and Community Resources Element 8) Safety Element 9) Noise Element 10) Implementation Plan LAND USE DESIGNATIONS The proposed land use designation changes will occur within five focus areas: 1) Downtown Arcadia; 2) First Avenue and Duarte Road; 3) Live Oak Avenue; 4) Lower Azusa Road Reclamation Area; and 5) High Density Residential Land Use Designations. The changes are discussed later in this Section. These study areas were identified as areas of transition or stagnation, and in need of revitalization and improvement. Identification of these focus areas arose from extensive analyses and discussion conducted with the GPAC, and were subsequently confirmed by the Planning Commission and City Council. For the focus areas, the GPAC, City leaders, staff, and the community developed strategies to: • Achieve more efficient or productive use of land resources; • Encourage uses that would benefit the City through increased revenue; employment, and /or housing opportunities; • Incentivize innovative mixed -use projects; • Enhance commercial corridors; and • Establish a vision for future land uses on properties that will experience a significant transition, such as the Lower Azusa reclamation area. General Plan Update November 16, 2010 Page 9 With regard to new land use designations, there are five new designations proposed: A new hybrid Commercial /Industrial designation, a Downtown Mixed Use designation, Mixed Use designation, an Open Space- Outdoor Recreation, and an Open Space- Resource Protection designation. The designations can be reviewed on the General Plan Land Use Map. The two mixed -use land use designations will accommodate commercial and residential mixed -use developments that are intended to provide for more intense, development surrounding the planned Gold Line Station and along Live Oak Avenue to create complete, compact, walkable neighborhoods that encourage transit use. The two new open space land use designations are designed to differentiate between active and passive recreational activity areas, and areas with unusual environmental conditions such as earthquake fault zones, steep slopes, flood zones, fire areas, and areas required for the protection of water quality. ELEMENTS AND IMPLEMENTATION PLAN The following is a summary of each of the Elements of the Draft General Plan, and the Implementation Plan. 1. Land Use and Community Design Element — includes new goals and policies on preserving Arcadia's status as a Community of Homes, citywide design principles that create identifiable places, improving the public and private realm, and encouraging public art. The Plan also focuses on very specific areas where change is desired to diversify housing and businesses, and to take advantage of benefits the Gold Line station will bring. Planning for the Gold Line was the most popular topic at many of the public meetings and will continue to be important as the City moves forward with plans for the Downtown area. Revised conceptual design plans for Downtown Arcadia are included in this Element and are attached within Exhibit `A'. The plans illustrate pedestrian access and open spaces that integrate the Gold Line Station with mixed use and commercial areas through a system of pedestrian ways and plazas. These diagrams identify possibilities to guide development decisions for the area. 2. Economic Development Element (Optional Element) — addresses economic development, redevelopment, and the importance of fiscal balance between revenue and public services. The policies focus on creating a strong commercial and industrial economic base, continued revitalization of public infrastructure and private properties with development potential within the redevelopment project area, and attracting businesses and economic opportunities into the City. 3. Circulation and Infrastructure Element - the circulation component of this Element addresses an integrated circulation system that will meet the current and future needs of Arcadia residents, businesses, and visitors; a new Bicycle Map; and measures to address neighborhood traffic issues. The Element also includes new goals and policies to enhance local and regional transit service, limit cut - through traffic in residential neighborhoods, create an integrated bicycle and pedestrian General Plan Update November 16, 2010 Page 10 network, reduce and improve auto traffic around schools, and support diverse parking needs. As for utilities infrastructure, the Element addresses necessary urban services to residences, business, and institutions. The goals and policies focus on maintaining infrastructure capacity to meet the current and future local needs and to meet new service demands and needs for enhanced infrastructure for infill development. 4. Housing Element — addresses issues, goals, and policies related to providing housing opportunities for people of all needs and income levels. Unlike the other elements, State law sets forth very specific regulations regarding the content of the Housing Element. Because the Housing Element is the main vehicle for establishing and updating housing and land -use strategies to reflect the changing residential needs, resources, and conditions of the community, the law requires that the Housing Element be updated every five years. There was a great deal of discussion related to density and housing in Arcadia. It was determined that increasing density in the R -3 zone and allowing housing in a mixed use format in selected areas (Downtown and Live Oak) was the best way to "activate" those areas and meet statewide housing requirements while at the same time protecting single - family neighborhoods and lower density areas. The State Department of Housing and Community Development (HCD) requires that all Draft Housing Elements be submitted for review prior to adoption by the local jurisdiction. On September 14, 2010, the Department of Housing and Community Development determined that the Draft Housing Element complies with State Housing Element law and that the Element can be certified after the General Plan is adopted. 5. Resource Sustainability Element — considers the effects of land use and development on natural resources, and specifically addresses air quality, water quality and water resource conservation, energy conservation, waste management and recycling, mineral resources, and the management of hillside areas. 6. Parks, Recreation, and Community Resources Element — addresses open space lands used for active recreation and enjoyment of nature (parks), recreation programs, and the broad range of community, cultural, and educational resources and services that Arcadia offers. The Element discusses "Park Classifications" not currently in the existing General Plan. The classifications identify all the local parks and open space facilities based on type and are coordinated with a key map. The Element also includes goals and policies to innovatively use space for parks and recreation activities since there is virtually no land available for future parks; and to protect the urban forest. As for the Community Resource component of this Element, the goals and policies focus on continuing to maintain the existing community events, activities, and programs within the City, and to develop and promote new ones to meet the changing needs and demands of Arcadians. There are goals and policies to promote quality educational facilities and programs for residents of all ages and General Plan Update November 16, 2010 Page 11 backgrounds, and to support a library system that continues to provide a superior level of educational, informational, and cultural services to the community. 7. Safety Element — is concerned with identifying and avoiding or mitigating hazards present in the environment that may adversely affect property and lives. Keeping Arcadia safe is a theme addressed throughout the General Plan. 8. Noise Element — identifies significant sources of noise in Arcadia and establishes policies and programs to protect people from excessive noise exposure. The Element also provides a discussion of the anticipated future noise conditions from the Gold Line light rail. 8. Implementation Plan — The Implementation Plan provides guidance to elected City officials, Commissions and Committees, staff, and the public in developing programs and actions that will achieve the goals and policies of the adopted General Plan. Each implementation measure is a procedure, program, or technique that requires City action, either on its own or in collaboration with non -City organizations or county, state, and federal agencies. Build -out Table The build -out tables, which are found in the Land Use and Community Design Element and are attached within Exhibit A, estimate that all properties subject to a General Plan change will develop at 80% of allowed density and intensity. The tables summarize the land use distribution, expected level of development anticipated within each study area and city wide, and the resulting residential and nonresidential outcomes that would be expected as a result of full implementation of the land use concept. The build -out capacity was estimated at 80% because it is a realistic "worst case" scenario since many areas of the City are developed at 65 -75% of the maximum currently allowed. Estimating the build -out capacity at 100% is unrealistic because most properties cannot be developed to the maximum permitted intensities and densities due to required development standards such as parking, setbacks, and lot coverage. The proposed land use concept would create a capacity of 2,554 additional dwelling units and an estimated 6,968 additional residents. This estimate is in line with SCAG population growth estimates for Arcadia. Approximately 78% of the new units would be located within existing high density residential (R -3) areas. The change to the R -3 areas will not be significant in appearance or character since a density of 30 units per acre is already in place in many of the existing high density areas. Additional Modifications and Public Correspondence All elements of the Draft General Plan Update were reviewed by staff and the GPAC and comments /corrections were addressed in the Draft document that was released to the public and provided to the Planning Commission and City Council. Since the release of the Draft General Plan, Staff received recommended changes from the public that should be incorporated into the document that was previously provided to the Commission on September 28, 2010. Exhibit 'Al' is a matrix titled Proposed Changes to the Draft General Plan, that has two sections: 1) proposed changes (or reasons for not making a requested change) in response to comments raised by the public during the public review General Plan Update November 16, 2010 Page 12 process, and 2) changes identified by Planning staff to reflect changed circumstances since publication of the Draft General Plan and /or in response to comments made by public agencies during the review period. The remainder of Exhibit 'A' includes additional corrections, replacement pages, and errata raised since the original matrix was produced and as a result of the Planning Commission public hearing and the City Council Study Session on October 27, 2010. The City Council is asked to adopt these changes as part of the decision on the General Plan. Letters received from the public since the publication of the Final EIR and Draft General Plan are also attached as Exhibit 'D'. General Plan Update November 16, 2010 Page 13 SECTION 3 PROPOSED ZONING CODE AMENDMENTS The proposed Zoning Code Amendments are necessary to enact the recommendations within the General Plan and address new local and State regulations and standards as required by State law. In an effort to streamline and simplify the process, the City will bring forward the amendments at the same time as the General Plan and EIR. The proposed Zoning Code Amendments are organized into two sections: Developm ..St 1. New zoning designations /regulations being added to the Zoning Ordinance (TA 10 -01) 2. Amendments to existing zoning designations /regulations within the Zoning Ordinance (TA 10 -02) With regard to new zoning designations, the two mixed -use zones, along with a Downtown Overlay Zone, will provide specific development standards to activate the downtown area around the light -rail station, the existing mixed use area along South First Avenue, and the Live Oak Avenue corridor. These designations were the topic of much of the discussion with the Commission and Council last summer and have been the topic of many positive comments from landowners and residents through the public outreach process of the General Plan Update. There is a great deal of interest in attempting to revitalize both the Downtown area and the Live Oak corridor and these designations are viewed as an effective method to achieve this. The Downtown Overlay Zone is an extension of the Downtown focus area north and along Santa Anita Avenue, and west along Huntington Drive and Colorado Place. These areas are designated Commercial with a Floor Area Ratio (FAR) overlay of 1.0 for non- residential uses and a maximum building height of forty -five feet (45') or four (4) stories to allow a modest increase in development intensity. The boundaries of the Downtown Overlay Zone are delineated and legally depicted on the proposed Official Zoning Map (refer to Exhibit C). The table below highlights some of the key recommendations for the mixed -use zones: Residential /Density Residential Parking Commercial Parking 24 du /acre* 2 spaces /unit; guest space /unit Per Code based on land use 50 du /acre 1.5 spaces /unit; 1 guest space /2 units Per Code based on land use with a 25% reduction. 30 du /acre 1.5 spaces /unit; 1 guest space /2 units Per Code based on and use; commercial use 25% reduction if within 1 /4 mile of the light rail station General Plan Update November 16, 2010 Page 14 writ De 1 Setbacks FAR None, except when abutting residential zones 0.5 for commercial 1.0 for commercial 1.0 for commercial Height 40' and 3 stories 45' ** and 4 stories 40' and 3 stories * "du" refers to dwelling units ** Proposal to move this to 48 -50 feet to accommodate a true 4 story. In the case of the multi - family parcels on Baldwin Avenue, the new Restricted R -3 zone will codify the existing one -story building height and other restrictions for future development of these parcels. These parcels were developed under Variances many years ago that restricted height and other standards to protect the single - family development to the rear of these properties. However, the zoning of these parcels was left as R -1 or single - family, which is inconsistent with the existing General Plan Land Use Designation of Multi- family. The existing restrictions will simply be carried over into the regulations of the new zoning designation. Amendments or modifications to existing zoning designations include the Lower Azusa Reclamation Area (also known as the "Rodeffer Pit "). The proposal for the Reclamation Area is to change the zoning from Industrial only to a mix of Commercial /Industrial uses utilizing a modified Commercial Manufacturing zone. This will provide more flexibility in the types of land uses that can be located on this site in the future once it ceases to be a Reclamation area. This in no way changes the process of review or approval of projects in this area. A Conditional Use Permit will still be required for any proposals in this area. With regard to housing - related changes, staff conducted study sessions with the Commission and Council earlier in the year to go through the proposed amendments. There have been no changes since that time; this is simply the codification of those amendments. It is important to note that the majority of the housing - related changes stem from requirements of the State Department of Housing and Community Development. The following is a summary of the proposed changes: 1. Eliminate minimum multi - family dwelling unit sizes. Currently, minimum square - footages are required for apartment and condominium units. This is counter- productive to the goal of increasing density in the areas that are best equipped to handle it. 2. Modify the regulations for accessory dwelling units (guest houses) in accordance with State law. 3. Change the minimum R -3 (high density residential) density from 24 du /acre to 30 du /acre. 4. Adopt state - required standards for specific types of housing and density bonus allowances for affordable housing. General Plan Update November 16, 2010 Page 15 To further elaborate on item #3 above, in addition to the density increase, there are several proposed changes to the R -3 regulations that are designed to make it more efficient to build multi - family units. Again, the goal is to ensure that additional density in the City of Arcadia occurs in the appropriate areas (Le., the R -3 zone). One of the methods proposed to achieve this is a minimum density of 20 du /acre to go along with the maximum density of 30 du /acre. The other changes include slightly reducing parking space dimensions, driveway width, setbacks, and back up distance, as well as a reduction in the number of guest parking spaces required. Currently, the City requires one guest parking space for each unit. The proposal is to reduce this to one guest parking space for every two units. Exhibit 'B1 and 'B2' provide the full redlined text of all amendments proposed. ZONING MAP Changes to the Zoning Map are proposed to: 1) address inconsistencies between the Zoning Map and the General Plan land use map, 2) add the new zoning regulations, and 3) correct irregularities that have been on the Zoning Map for years. One such irregularity, for example, is that certain City properties have had no zoning; the proposed Zoning Map shows such parcels to be zoned as Public or Open Space, depending upon the use and the General Plan land use designation. The Draft Official Zoning Map is provided in Exhibit C. Following the adoption of the final Official Zoning Map, the map will for the first time be made available on the City's website with interactive features that will allow users to determine the specific zoning classification for any property in the City along with information about the parcel, such as lot size and dimensions. Users will also be able to search for zoning by specific address or assessor's parcel number. General Plan Update November 16, 2010 Page 16 SECTION 4 ENVIRONMENTAL ANALYSIS The Arcadia General Plan is a policy document that regulates land use and development within the City. The update and revision of this document would not lead to direct physical changes in the City or the existing environment, nor would it be accompanied by specific development proposals or projects. However, future development allowed pursuant to the General Plan Update could result in environmental impacts. In addition, implementation of the plans and implementation actions in the General Plan Update may result in environmental impacts. The EIR has been developed to analyze the recommendations within the General Plan and is a program -level EIR. This means that the Program EIR does not analyze any specific development project; but rather evaluates potential overall city buildout in 25 years based on the General Plan. In accordance with Section 21002.1 of the Public Resources Code, the City has prepared an Environmental Impact Report (EIR) for this Project for the following purposes: • To inform the general public, the local community, responsible and interested public agencies, the Planning Commission and City Council and other organizations, entities and interested persons of the scope of the proposed General Plan, its potential environmental effects, possible measures to reduce potentially significant environmental impacts and alternatives that could reduce or avoid the significant environmental effects of the proposed General Plan. • To enable the City to consider environmental consequences when deciding whether or not to approve the proposed General Plan. • To satisfy the substantive and procedural requirements of the California Environmental Quality Act (CEQA). Prior to taking action on a project, the City Council must review and consider the information contained in the Final Environmental Impact Report (FEIR) and certify the FEIR. Timeline Pursuant to CEQA, a Notice of Preparation (NOP) was circulated with the Initial Study to State, regional, and local agencies from August 10, 2009 to September 10, 2009 to solicit comments from responsible agencies and the general public on issues that should be addressed in the EIR. The NOP was also distributed to the State Clearinghouse, as well as agencies, organizations, and persons who may provide comments on the proposed project, and the City received 11 comment letters that are in the EIR. In addition, a scoping meeting was held on August 27, 2009 to further solicit public input regarding the scope and content of the EIR. The Draft EIR (DEIR) was available for the requisite 45 -day review period from July 19, 2010 to September 1, 2010. Both the Notice of Completion and the Notice of Public Hearing listed the locations where copies of the DEIR were available for public review (Arcadia Public Library and City Hall). The City received 14 comment letters from local, state or regional agencies, and the public, all of which are addressed in the Response to Comments section of the FEIR, that was previously distributed. Notice of the October 26 Planning Commission hearing was published in the Pasadena Star News on October 15, 2010 and notices were mailed to all property owners of General Plan Update November 16, 2010 Page 17 potentially impacted properties, as well to interested persons that had requested such notice on October 15, 2010. Organization of the FEIR The Final Environmental Impact Report (FEIR) was distributed to the Planning Commission in September, 2010. The FEIR incorporates the Draft EIR, the Responses to Comments received from the public, the proposed Mitigation Monitoring and Reporting Program, and Errata identified in the Draft EIR. Rather than reproduce the environmental analysis within the FEIR, the Staff Report provides a summary of the organization of the document and the key components and mitigation measures. Please refer to the FEIR for specific and detailed analyses and conclusions on each of the areas of environmental review. To comply with California Environmental Quality Act (CEQA), the FEIR includes analyses of environmental issues determined to be potentially significant as identified through responses to the Notice of Preparation (NOP), input at the scoping meeting, and discussions among the public, the consulting staff, and City staff and officials. The FEIR evaluates the following environmental issues in Chapter 4 (Environmental Analysis): • Aesthetics • Agriculture and Forest Resources • Air Quality • Biological Resources • Cultural Resources • Geology and Soils • Hazards and Hazardous Materials • Hydrology and Water Quality • Land Use and Planning • Mineral Resources • Noise • Population, Housing, and Employment • Public Services • Parks and Recreation • Transportation/Traffic • Utilities and Service Systems • Greenhouse Gas Emissions • Mandatory Findings of Significance Each environmental issue listed above is analyzed based on the following accepted CEQA methodology: 1. Relevant Programs and Regulations — A summary of the regulations, plans and policies that are relevant to each environmental issue area at the federal, state, regional, and local level. 2. Existing Conditions — A detailed evaluation of the current "on the ground" or baseline conditions that exist at the time the document was prepared. 3. Thresholds of Significance — For each environmental topic area, what are the thresholds at which there is considered to be an impact on the environment. General Plan Update November 16, 2010 Page 18 4. General Plan goals, policies, and implementation actions — How do the proposed goals, policies, and actions recommended in the General Plan address the potential impacts to the environment. 5. Impacts and Mitigation Measures - Describes the potential environmental impacts of the General Plan Update based on the thresholds of significance, and determines whether the environmental impacts would be considered significant and unavoidable, or less than significant. This subsection also discusses feasible mitigation measures (MM) that may be implemented to reduce significant environmental impacts, and standard conditions (SC) that are implemented by the City as a matter of course. Alternatives The CEQA Guidelines require that a range of alternatives to the project be addressed in an EIR. The discussion of alternatives must focus on alternatives capable of either avoiding or substantially lessening any significant environmental effects of the Project even if the alternative would impede to some degree the attainment of the Project objectives or would be more costly. The following is a brief summary of the Alternatives discussed in Chapter 5 of the FEIR: • Alternative 1: No Project /No Development (mandatory CEQA alternative). This alternative assumes that no development would occur in the City and existing land uses and environmental conditions will remain as is indefinitely. • Alternative 2: No Project /Existing General Plan Alternative. This alternative assumes development to buildout based on the current General Plan. • Alternative 3: Reduced Commercial Alternative. This alternative assumes that an alternate Land Use Policy map would be adopted as part of the proposed General Plan Update with significantly reduced allowable development intensity for the commercial land use designations within the Downtown Overlay and for Live Oak Avenue. This alternative was developed to examine reductions to the significant and unavoidable impacts associated with the proposed General Plan Update. • Alternative 4: Expanded Downtown Focus Area. This alternative proposes an update to the Current General Plan with a different Land Use Policy Map that includes 10 additional parcels along St. Joseph Avenue as part of the to the Downtown Mixed Use designation. These parcels would be then not be included in the Commercial designation. CEQA requires that a Lead Agency identify the "environmentally superior alternative ". Both of the "No Project" alternatives would reduce impacts from those identified in the preferred alternative (the proposed General Plan Update), but none of the Significant and Unavoidable Impacts would be eliminated by either of these alternatives. And, Alternative 4 would have greater environmental impacts. For a full review of the alternatives, please see Section 5 of the FEIR. General Plan Update November 16, 2010 Page 19 Impacts The following terms are used to describe the level of significance of the impacts identified during the course of the environmental analyses: • Less - Than - Significant Impact — Impact that does not exceed the defined threshold(s) of significance or can be eliminated or reduced to a less -than- significant level through compliance with existing laws and regulations and /or standard conditions and /or implementation of feasible mitigation measures. • Potentially Significant Impact — Impact that exceeds the defined threshold(s) of significance, but can be reduced to a less- than - significant level through implementation of feasible mitigation measures, or if no feasible mitigation measures exist, the impact would be significant and unavoidable. • Significant and Unavoidable Impact — Impact that exceeds the defined threshold(s) of significance and cannot be eliminated or reduced to a less- than - significant level through compliance with existing laws and regulations and /or standard conditions and /or implementation of feasible mitigation measures. The following environmental issues have impacts that are "Less Than Significant" and do not require mitigation: • Aesthetics and Visual Quality, • Agriculture and Forest Resources, • Air Quality (Carbon Monoxide [CO] Hotspots and Objectionable Odors), • Biological Resources (Wetland and Riparian Resources, Wildlife Movement, Tree Preservation Ordinance, Habitat Conservation Plans, and Cumulative Impacts), • Cultural Resources (Human Remains), Geology and Soils (Seismic and Geologic Hazards, Soil Erosion, Soil Expansion and Cumulative Impacts), Hazards and Hazardous Materials, Hydrology and Water Quality (Water Quality and Waste Discharge Standards, Groundwater Recharge and Supplies, Drainage Patterns and Erosion, Flood Hazards, Dam Inundation and Mudflows, and Cumulative Impacts), Land Use and Planning, • Mineral Resources, • Noise (Airport and Airstrip Noise), Population and Housing, • Public Services, • Parks and Recreation, • Transportation (CMP Standard, Air Traffic Patterns, Traffic Hazards, Emergency Access, Alternative Transportation), • Utilities and Service Systems (Water Supply, Wastewater Treatment Capacity, Wastewater Treatment Requirements, Solid Waste Disposal, Electricity, Natural Gas and Communication Infrastructure, and Cumulative Impacts), and General Plan Update November 16, 2010 Page 20 • Greenhouse Gas Emissions (Consistency with Greenhouse Gas Reduction Plan, Policy or Regulation). The following are "Potentially Significant" but can be avoided or reduced to a level of insignificance through the identified mitigation measures: • Biological Resources (Sensitive Plant and Wildlife Species); • Greenhouse Gas Emissions (Increase in GHG and Cumulative Impacts); • Cultural Resources (Historical Resources, Archaeological Resources, Paleontological Resources, and Cumulative Impacts); • Geology and Soils (Septic Tank Limitations); • Hydrology and Water Quality (Storm Drain Infrastructure); and • Utilities and Service Systems (Water and Sewer Infrastructure). Finally, the following are "Potentially Significant ", but cannot be avoided or reduced to a level of insignificance: • Air Quality (Air Quality Standards Violation, Exposure of Sensitive Resources, and Cumulative Air Quality Impacts); • Greenhouse Gas Emissions (Increase in Greenhouse Gases, and Cumulative Greenhouse Gas Impacts); • Noise (Noise Standard Violation and Cumulative Noise Impacts); and • Transportation/Traffic (Circulation System Performance and Cumulative Impacts). Public Resources Code section 21081.6 requires the City to prepare and adopt a Mitigation Monitoring and Reporting Program (MMRP) for any project for which mitigation measures have been imposed to assure implementation of the adopted mitigation measures. The MMRP can be found in the FEIR. Each of the impacts listed above that is a potential impact with no feasible mitigation must be addressed in a Statement of Overriding Considerations. The Statement of Overriding Considerations is presented in Section 5 of the Staff Report. It is important to note that all of the environmental issues that cannot be mitigated are either already at a level of significance now, or could not be mitigated under any possible development scenario. General Plan Update November 16, 2010 Page 21 SECTION 5 STATEMENT OF OVERRIDING CONSIDERATIONS A. The City declares that, pursuant to State CEQA Guidelines Section 15093, the City has balanced the benefits of the proposed General Plan Update against any unavoidable environmental impacts in determining whether to approve the proposed update. If the benefits of the proposed General Plan Update outweigh the unavoidable adverse environmental impacts, those impacts may be considered "acceptable ". B. The City declares that the EIR prepared for the General Plan Update has identified and discussed significant effects which may occur as a result of the proposed update. With the implementation of the goals, policies and implementation actions in the proposed General Plan, existing regulations and standard conditions, and the mitigation measures discussed in the EIR, the environmental effects of future development pursuant to the proposed General Plan Update can be mitigated to less than significant levels, except for unavoidable significant impacts to Air Quality, Noise, Transportation and Greenhouse Gas (GHG) Emissions. Specifically, future development in the City would contribute to existing violations of clean air standards in the South Coast Air Basin. Future development would also incrementally increase noise levels where they currently exceed City standards. Similarly, increase in traffic volumes on City streets would lead to roadway operations exceeding City standards. GHG emissions from future development would incrementally contribute to global warming. These impacts cannot be readily addressed by individual developments in the City or by the Arcadia General Plan because they are global, regional or area -wide. Thus, they will remain significant and unavoidable. C. The City declares that it has made a reasonable and good faith effort to eliminate or substantially mitigate potential impacts on Air Quality, Noise, Transportation and GHG Emissions. To the extent any mitigation measures could not be incorporated, such mitigation measures are infeasible because of specific economic, legal, social, technological and other considerations and the benefits of the proposed General Plan Update outweigh the unmitigated impacts. D. The City further finds that except for the proposed General Plan Update, other alternatives set forth in the EIR are infeasible because they would prohibit the realization of the update's objectives and the City's goals and /or because of specific economic, legal, social, technological and other benefits that the City finds outweigh any environmental benefits of the alternatives. E. The City declares that, having reduced the significant adverse environmental effects of the proposed General Plan Update to the extent feasible by adopting the mitigation measures, having considered the entire administrative record on the proposed update, and having weighed the benefits of the proposed update against its unavoidable adverse impacts after mitigation, the City has determined that the following social, economic, and environmental benefits of the proposed General Plan Update outweigh the potential unavoidable significant adverse impacts and render those potential adverse environmental impacts acceptable, based upon the following overriding considerations: General Plan Update November 16, 2010 Page 22 Comprehensive Update The current General Plan was last updated and adopted by the City in 1996, with the Housing Element last updated in 2001. The proposed General Plan Update presents an opportunity to re- evaluate the City's values; address broader issues; and respond to the changing economic, environmental, legal, and social settings. The proposed General Plan Update has been developed with extensive public input and participation and better articulates the City's vision for ultimate development than the current General Plan. Citywide Vision The proposed General Plan Update reflects the collective vision of its residents, business owners, stakeholders, community groups, City staff and leaders, and was developed with the following guiding principles: • Balanced Growth and Development: The General Plan establishes a balance and mix of land uses that promote economic growth and maintain a high quality of life for Arcadia residents. The development decisions reflect Smart Growth principles and strategies that move the City toward enhanced mobility, more efficient use of resources and infrastructure, and healthier lifestyles. • Connectivity: Arcadia has a balanced, integrated, multi -modal circulation system — which includes streets, sidewalks, bikeways, and trails —that is efficient and safe, and that connects neighborhoods to jobs, shopping, services, parks, and open space areas. • Neighborhood Character. Arcadia's single - family and multi - family residential neighborhoods have given the City its identity as a "Community of Homes ". The City protects and preserves the character and quality of its neighborhoods by requiring harmonious design, careful planning, and the integration of sustainable principles. • Schools: Arcadia's schools are a valuable community asset. The quality of the schools draw people to the City, which remains committed to working with the school district to achieve mutually beneficial goals. Cultural Diversity: The City embraces and celebrates its cultural diversity. Its residents' lives are enriched by the many cultures that contribute their arts, food, values, and customs to the community. The City promotes activities and programs that strengthen these community bonds. Environmental Sustainability: The City is committed to environmental sustainability, which means meeting the needs of the present while conserving the ability of future generations to do the same. The City acts to work toward achieving regional environmental quality goals. Arcadia leads the way to a healthy environment by providing local government support, encouraging partnerships, and fostering innovation in sustainable principles. City Services: The high quality services the City provides are a source of civic pride and bring its populace together as a community. The City adjusts service needs in response to demographic changes, and take actions to provide funding to support these services. • Changing Housing Needs: The City encourages the retention, rehabilitation, and development of diverse housing that meets people's needs in all stages of their lives. Economic Health: A healthy economy requires a diversified employment and fiscal base. A priority is to create a resilient and thriving local economy, accessible to General Plan Update November 16, 2010 Page 23 local residents and responsive to local needs, with a balance of regional - serving businesses that attract additional regional income. The City is business friendly. • Preservation of Special Assets: Arcadia's quality of life is enhanced by special places and features such as Santa Anita Park, the Los Angeles County Arboretum and Botanical Garden, a vibrant Downtown, the urban forest, attractive streetscapes, diverse parks, historic buildings and places, and nearby views of the mountains. These assets are preserved and enhanced so they continue to contribute to is City's character. These principles are embodied by the proposed General Plan Update and would improve livability and the quality of life of all residents, businesses, employees and visitors in Arcadia. Land Use Compatibility The Land Use Policy Map in the proposed General Plan Update preserves the City's established residential neighborhoods by designating these areas to reflect existing development densities. Future development and redevelopment are also anticipated and promoted in specific focus areas which would benefit from redevelopment, revitalization and new investment through changes in existing land uses or increases in densities /intensities. Economic Stability The Economic Development Element responds to the City's need to maintain and enhance the fiscal health of the local economy, and to support uses that provide high - quality jobs, generate tax revenues, and diversify Arcadia's tax base. By allowing mixed use developments and increased intensities in the City's downtown area, commercial districts and near the Gold Line station in the Land Use Policy Map, the City would sustain a resilient and thriving local economy, as well as protect its employment base. Open Space Protection The proposed General Plan Update preserves the open space resources in the City by designating these areas as Open Space— Resource Protection and Open Space— Outdoor Recreation. These designations would preclude any future development in parks, drainage channels, and public recreational facilities and promote long -term protection of these areas for open space. Housing Needs The Housing Element of the proposed General Plan Update has been developed to meet the City's existing and future housing needs, as defined by the Regional Housing Needs Allocation. The update also increases housing opportunities in the City and promotes the redevelopment of older multi - family developments to improve the current housing stock. Sustainability The proposed General Plan Update responds to regional concerns for resource protection and environmental sustainability by promoting mixed use developments, alternative transportation systems, higher density /intensity uses near the rail station, energy and water conservation, solid waste reduction, and vehicle trip reduction. Goals and policies in the Resource Sustainability Element and the Circulation and Infrastructure Element, along with the implementation actions for these goals and policies would create a more sustainable community in Arcadia for the benefit of existing and future residents. General Plan Update November 16, 2010 Page 24 Approval SECTION 6 CITY COUNCIL RECOMMENDED ACTION It is recommended that the City Council move to: 1. Adopt Resolution No. 6715, certifying the Final Environmental Impact Report, adopting environmental findings pursuant to the California Environmental Quality Act, adopting a Mitigation Monitoring and Reporting Program, adopting a Statement of Overriding Considerations, and adopting the 2010 General Plan; 2. Introduce Ordinance No. 2272, repealing and replacing various sections of Article IX of the Arcadia Municipal Code to enact the 2010 General Plan Update Project and establish new zoning designations for Downtown Mixed Use (DMU), Mixed Use (MU), and Restricted Multi - Family (R -3 -R); 3. Introduce Ordinance No. 2273, amending various sections of Article IX of the Arcadia Municipal Code to enact the 2010 General Plan Update Project and address local and state regulations and standards; 4. Introduce Ordinance No. 2274, certifying the 2010 Zoning Map as the Official Zoning Map of the City of Arcadia; and, 5. Incorporate the edits and modifications to the General Plan documents as shown in Exhibits Al through A4. General Plan Update November 16, 2010 Page 25 APPROVED: JO-,-4Q Attached in this section are the following implementing resolution and ordinances: • Resolution No. 6715 • Ordinance No. 2272 • Ordinance No. 2273 • Ordinance No. 2274 SECTION 7 RESOLUTION AND ORDINANCES Donald Penman, City Manager General Plan Update November 16, 2010 Page 26 RESOLUTION NO. 6715 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT (SCH #2009081034), ADOPTING ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS AND ADOPTING THE PROPOSED ARCADIA GENERAL PLAN UPDATE WHEREAS, the City of Arcadia (the "City ") desires to comprehensively revise the Arcadia General Plan to respond to changing conditions in the City and the region, as well as to revisit the vision of the City for its future (hereinafter referred to as either the "Project" or the "General Plan Update "); and WHEREAS, the City formed a General Plan Advisory Committee that articulated the vision for the City; reviewed the existing land uses in the City; identified areas that should be preserved and areas that could transition over time; discussed needed citywide improvements; proposed various programs and measures to implement citywide goals; and recommended overall changes to the goals, approaches, and strategies in the 1996 General Plan, including the development of a new Land Use Policy Map; and WHEREAS, a draft Arcadia General Plan was developed that included the following ten chapters: (1) Introduction; (2) Land Use and Community Design Element; (3) Economic Development Element; (4) Circulation and Infrastructure Element; (5) Housing Element; (6) Resource Sustainability Element; (7) Parks, Recreation, and Community Resources Element; (8) Safety Element; (9) Noise Element; and (10) Implementation Plan; and WHEREAS, pursuant to section 21067 of the Public Resources Code, and section 15367 of the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), the City of Arcadia is the lead agency for the proposed General Plan Update; and WHEREAS, in compliance with the Public Resources Code, the City prepared a Draft Environmental Impact Report (the "Draft EIR ") to analyze the potential environmental effects of the Project; and WHEREAS, the City solicited comments, including details about the scope and content of the environmental information, as well as potential feasible mitigation measures, from responsible agencies, trustee agencies, and the public, in a Notice of Preparation ( "NOP ") the EIR for the Project, which was filed on August 10, 2009 and circulated for a period of 30 days pursuant to State CEQA Guidelines sections 15082, subdivision (a) and 15375; and WHEREAS, approximately 11 written comment letters were received by the City in response to the NOP, which assisted the City in expanding the issues and alternatives for analysis in the Draft EIR; and WHEREAS, pursuant to Public Resources Code section 21083.9 and State CEQA Guidelines 15082(c) and 15083, the City held a public scoping meeting on August 27, 2009, to solicit public comments on the EIR for the General Plan Update; and WHEREAS, the Draft EIR was completed and released for public review on July 19, 2010 and the City initiated a 45 -day public comment period by filing a Notice of Completion and Availability with the State Office of Planning and Research and the Los Angeles County Clerk; and WHEREAS, pursuant to Public Resources Code section 21092, the City also provided a Notice of Completion and Availability to all organizations and individuals who had previously requested such notice, and published the Notice of Completion and Availability on July 19, 2010, in the Pasadena Star News, a newspaper of general circulation in the Project area; and WHEREAS, during the 45 -day comment period, the City consulted with and requested comments from all responsible and trustee agencies, other regulatory agencies and other interested parties pursuant to State CEQA Guidelines section 15086; and WHEREAS, all potential significant adverse environmental impacts of the proposed General Plan Update were sufficiently analyzed in the Draft EIR; and WHEREAS, during the official public review period for the Draft EIR, the City received fourteen (14) written comment letters; and WHEREAS, on September 28,2010 the City released the Final EIR, which consists of written responses to all comment letters received by the City during the official public review period and errata to the Draft EIR; and WHEREAS, pursuant to Public Resources Code section 21092.5, the City provided copies of the written responses to all commenting public agencies; and WHEREAS, the "EIR" consists of the Final EIR and the Draft EIR (as modified by the Final EIR); and WHEREAS, all potentially significant adverse environmental impacts were sufficiently analyzed in the EIR; and WHEREAS, the City is not revising the proposed General Plan Update based on comments received; and 2 WHEREAS, as contained herein, the City has endeavored in good faith to set forth the basis for its decision on the General Plan Update; and WHEREAS, all requirements of the Public Resources Code and the State CEQA Guidelines have been satisfied in the EIR, which is sufficiently detailed so that all of the potentially significant environmental effects of the Project, as well as feasible mitigation measures, have been adequately evaluated; and WHEREAS, the EIR prepared in connection with the Project sufficiently analyzes both the feasible mitigation measures necessary to avoid or substantially lessen the Project's potential environmental impacts and a range of feasible alternatives capable of eliminating or reducing these effects in accordance with the Public Resources Code and the State CEQA Guidelines; and WHEREAS, all of the findings and conclusions made by the City Council pursuant to this Resolution are based upon oral and written evidence presented to it as a whole and not based solely on the information provided in this Resolution; and WHEREAS, environmental impacts identified in the EIR that the City finds will either have no impact or are less than significant and do not require mitigation are described in Section II below; and WHEREAS, the environmental impacts identified in the EIR as potentially significant but which the City finds can be mitigated to a Tess than significant level through the implementation of standard conditions of approval ( "Standard Conditions "), goals, policies and implementation actions in the proposed General Plan Update ( "Project Design Features "), and /or Mitigation Measures identified in the Mitigation Monitoring and Reporting Program are described in Section III below; and WHEREAS, environmental impacts identified in the EIR as potentially significant but which the City finds cannot be mitigated to a level of less than significant, despite the imposition of all feasible Standard Conditions, Project Design Features, and Mitigation Measures identified in the EIR, are described in Section IV below; and WHEREAS, the significant and less than significant cumulative environmental impacts of the Project identified in the EIR are described in Section V below; and WHEREAS, significant irreversible environmental changes identified in the EIR are described in Section VI below; and WHEREAS, growth- inducing impacts identified in the EIR are described in Section VII below; and WHEREAS, alternatives to the Project that might eliminate or reduce significant environmental impacts are described in Section VIII below; and 3 WHEREAS, the City Council has determined that the benefits of the General Plan Update outweigh its potential significant effects, and the basis for that determination is set forth in the Statement of Overriding Considerations included in Section IX below; and WHEREAS, the Mitigation Monitoring and Reporting Program sets forth the mitigation measures to which the City shall bind itself in connection with the Project, is adopted in Section XI below, and is attached hereto as Exhibit "A "; and WHEREAS, prior to taking action, the City Council has heard, been presented with, reviewed and considered all of the information and data in the administrative record, including the EIR, and all oral and written evidence presented to it during all meetings and hearings; and WHEREAS, the EIR reflects the independent judgment of the City Council and is deemed adequate for purposes of making decisions on the merits of the proposed General Plan Update; and WHEREAS, the City has not received any comments or additional information that produced substantial new information requiring recirculation Public Resources Code section 21092.1 and State CEQA Guidelines section 15088.5; and WHEREAS, on October 26, 2010 the Arcadia Planning Commission conducted a duly noticed public hearing on this Resolution, at which time all persons wishing to testify were heard and the General Plan Update was fully considered; and WHEREAS, on November 16, 2010 the City Council conducted a duly noticed public hearing on this Resolution, at which time all persons wishing to testify were heard, the City Council considered the Planning Commission's recommendation, and the General Plan Update was fully considered; 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: A. Project Description SECTION I INTRODUCTION The proposed General Plan Update is a comprehensive revision of the City's current General Plan document and is intended to respond to changing conditions in the City and the region, as well as to revisit the vision of the City for its future. The General Plan Update was guided by the following principles: 4 B. Legal Requirements 5 • Balanced Growth and Development • Connectivity • Neighborhood Character • Schools • Cultural Diversity • Environmental Sustainability • City Services • Changing Housing Needs • Economic Health • Preservation of Special Assets The proposed Arcadia General Plan would establish the planned development patterns and maximum densities and intensities of land uses within the City and its Sphere of Influence. In addition, the General Plan would serve as a policy guide for determining the appropriate physical development and character of the City. The proposed General Plan is organized into the following ten chapters: (1) Introduction; (2) Land Use and Community Design Element; (3) Economic Development Element; (4) Circulation and Infrastructure Element; (5) Housing Element; (6) Resource Sustainability Element; (7) Parks, Recreation, and Community Resources Element; (8) Safety Element; (9) Noise Element; and (10) Implementation Plan. Each Element contains goals and policies that City government would follow to achieve the vision of its residents, business owners, stakeholders, City staff, and leaders. In addition, the General Plan Update contains a number of plans to implement the General Plan's goals and policies: Land Use Policy Map, Circulation Plan, and Implementation Plan. The Arcadia General Plan is a policy document that regulates land use and development within the City. The update and revision of this policy document would not lead to direct physical changes in the City or the existing environment, nor would it be accompanied by specific development proposals or projects. Implementation of the General Plan Land Use Policy Map over the entire planning area (including the City and its Sphere of Influence [SOI]) is projected to potentially result in a net increase of 3,387 dwelling units, approximately 3.5 million square feet of non - residential development, and 9,256 people at the evaluated maximum buildout. Public and infrastructure projects would also be constructed throughout the City. Public Resources Code section 21002 states that "public agencies should not approve projects as proposed if there are feasible alternatives or feasible mitigation measures available which would substantially lessen the significant environmental effects of such projects[.]" Section 21002 further states that the procedures required by CEQA "are intended to assist public agencies in systematically identifying both the significant effects of proposed projects and the feasible alternatives or feasible mitigation measures which will avoid or substantially lessen such significant effects." Pursuant to section 15091 of the State CEQA Guidelines, the City may only approve or carry out a project for which an EIR has been completed that identifies any significant environmental effects if the City makes one or more of the following written finding(s) for each of those significant effects accompanied by a brief explanation of the rationale for each finding: 1. Changes or alterations have been required in, or incorporated into, the project which will avoid or substantially lessen the significant environmental impact as identified in the EIR; or 2. Such changes or alterations are within the responsibility and jurisdiction of a public agency other than the City, and such changes have been adopted by such other agency, or can and should be adopted by such other agency; or 3. Specific economic, social, legal or other considerations make infeasible the mitigation measures or project alternatives identified in the EIR. Notably, Public Resources Code section 21002 requires an agency to "substantially lessen or avoid" significant adverse environmental impacts. Thus, mitigation measures that "substantially lessen" significant environmental impacts, even if not completely avoided, satisfy section 21002's mandate. (Laurel Hills Homeowners Association v. City Council (1978) 83 Cal.App.3d 515, 521 ( "CEQA does not mandate the choice of the environmentally best feasible project if through the imposition of feasible mitigation measures alone the appropriate public agency has reduced environmental damage from a project to an acceptable level "); Las Viraenes Homeowners Federation, Inc. v. County of Los Angeles (1986) 177 Cal. App. 3d 300, 309 ( "[t]here is no requirement that adverse impacts of a project be avoided completely or reduced to a level of insignificance ... if such would render the project unfeasible ").) The Public Resources Code requires that lead agencies adopt feasible mitigation measures or alternatives to substantially lessen or avoid significant environmental impacts. An agency need not, however, adopt infeasible mitigation measures or alternatives. (State CEQA Guidelines, § 15091, subds. (a), (b).) Public Resources Code section 21061.1 defines "feasible" to mean "capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors." State CEQA Guidelines section 15091 adds "legal" considerations as another indicia of feasibility. (See also Citizens of Goleta Valley v. Board of Supervisors (1990) 52 Ca1.3d 553, 565.) Project objectives also inform the determination of "feasibility." (City of Del Mar v. City of San Diego (1982) 133 Cal.App.3d 401, 417.) "'[F]easibility' under CEQA encompasses 'desirability' to the extent that desirability is based on a reasonable balancing of the relevant economic, environmental, social, and technological factors." (Id.; see also Sequoyah Hills Homeowners Assn. v. City of Oakland (1993) 23 Cal.App.4th 704, 715.) 6 Environmental impacts that are less than significant do not require the imposition of mitigation measures. (Leonoff v. Monterey County Board of Supervisors (1990) 222 Cal.App.3d 1337, 1347.) The California Supreme Court has stated, "[t]he wisdom of approving ... any development project, a delicate task which requires a balancing of interests, is necessarily left to the sound discretion of the local officials and their constituents who are responsible for such decisions. The law as we interpret and apply it simply requires that those decisions be informed, and therefore balanced." (Citizens of Goleta Valley v. Board of Supervisors (1990) 52 Cal.3d 553, 576.) In addition, perfection in a project or a project's environmental alternatives is not required; rather, the requirement is that sufficient information be produced "to permit a reasonable choice of alternatives so far as environmental aspects are concerned." Outside agencies (including courts) are not to "impose unreasonable extremes or to interject [themselves] within the area of discretion as to the choice of the action to be taken." (Residents Ad Hoc Stadium Com. v. Board of Trustees (1979) 89 Cal.App.3d 274, 287.) C. Summary of Environmental Findings As more fully explained below, the City Council has determined that based on all of the evidence presented, including, but not limited to: the EIR, written and oral testimony given at meetings and hearings, and submission of comments from the public, organizations and regulatory agencies, and the responses prepared to the public comments, the following environmental impacts associated with the proposed General Plan Update are: 1. No Impact or Less Than Significant Impacts that Do Not Require Mitigation • Scenic Vistas; Scenic Highways; Visual Character and Quality; Light and Glare; Cumulative Aesthetics • Important Farmland; Existing Zoning or Williamson Contract; Forest Land and Timberland; Conversion of Forestland; Conversion of Farmland; Cumulative Agriculture and Forest Resources • Operational Stationary Sources; Operational Local CO Impacts; Objectionable Odors; Cumulative Objectionable Odors • Riparian Habitat and Wetlands; Wildlife Movement; Tree Preservation Policies; Habitat Conservation Plan or Natural Community Conservation Plan • Human Remains; Cumulative Cultural Resources • Seismic Hazards; Soil Erosion; Geologic Hazards and Expansive Soils; Cumulative Geology and Soils • Transport, Use, and Disposal of Hazardous Materials; Accidental Release of Hazardous Materials; Hazardous Emissions or Hazardous Materials Near Schools; Known Hazardous Materials Sites; Airport and Airstrip Hazards; Emergency Response; Wildland Fires; Cumulative Hazards and Hazardous Materials 7 • Water Quality and Waste Discharge Standards; Groundwater; Drainage and Erosion; Flood Hazards; Dam Inundation and Mudflows; Cumulative Hydrology and Water Quality • Division of Established Communities; Plan Consistency; Conflict with Habitat Conservation Plan; Cumulative Land Use and Planning • Mineral Resources; Cumulative Mineral Resources • Airport and Airstrip Noise • Population Growth; Displacement of Housing and People; Cumulative Population and Housing • Fire Protection and Emergency Medical Services; Police Protection and Law Enforcement Services; School Services; Library Services; Other Public Facilities; Cumulative Public Services • Increased Use of Parks; New Recreational Facilities; Park Services; Cumulative Parks and Recreation • Consistency with the Congestion Management Plan; Air Traffic Patterns; Traffic Hazards; Emergency Access; Alternative Transportation; Cumulative Consistency with the Congestion Management Plan; Cumulative Air Traffic Patterns; Cumulative Traffic Hazards; Cumulative Emergency Access; Cumulative Alternative Transportation • Water Supply; Wastewater Treatment and Infrastructure; Solid Waste Disposal; Electricity, Natural Gas, and Communications Infrastructure; Cumulative Utility and Service Systems • Consistency with GHG Reduction Plan, Policy or Regulation 2. Potentially Significant Impacts That Can be Avoided or Reduced to a Less Than Significant Level Through Implementation of Mitigation Measures • Sensitive Receptors and Construction Related- Emissions • Sensitive Species; Cumulative Biological Resources • Historical Resources; Archaeological Resources; Paleontological Resources • Septic Tank Limitations • Surface Runoff and Storm Drain Facilities • Construction (Short-Term) Noise; Groundborne Vibration; Operational Railroad Noise and Impacts to Noise Sensitive Uses • Water and Wastewater Distribution Infrastructure 3. Potentially Significant and Cannot be Avoided or Reduced to a Less Than Significant Level: • Air Quality Management Plan Consistency; Violate Air Quality Standards; Impacts of Operational Emissions on Sensitive Receptors; Cumulative Air Quality Management Plan Consistency; Cumulative Construction - related (Short-Term) Emissions; Cumulative Operational (Long -Term) Emissions; Cumulative Impacts on Sensitive Receptors from TACs • Operational (Long -Term) Traffic Noise; Cumulative Off -Site Traffic Noise • Circulation System Performance; Cumulative Circulation System Performance 8 • Conflict with GHG Reduction Plan, Policy or Regulation; Cumulative GHG Emissions This document contains the findings required under the California Environmental Quality Act ( "CEQA ") (Public Resources Code, §§ 21000 et seq.) and the State CEQA Guidelines. (California Code of Regulations, title 14, § §15000 et seq.) Public Resources Code section 21081.6 requires the City to prepare and adopt a Mitigation Monitoring and Reporting Program for any project for which mitigation measures have been imposed to assure compliance with the adopted mitigation measures. The City adopts a Mitigation Monitoring and Reporting Program for the proposed General Plan Update in Section XI of this Resolution. No comments made in the public hearings conducted by the Planning Commission or City Council or any additional information submitted to the City has produced any substantial new information requiring recirculation or additional environmental review of the Final EIR under CEQA because no new significant environmental impacts were identified, no substantial increase in the severity of any environmental impacts would occur, and no feasible mitigation measures or Project alternatives as defined in State CEQA Guidelines section 15088.5 were rejected. SECTION II FINDINGS REGARDING ENVIRONMENTAL IMPACTS NOT REQUIRING MITIGATION Section 15091 of the State CEQA Guidelines does not require specific findings to address environmental effects that an EIR identifies as have "no impact" or a "less than significant" impact. Nevertheless, these findings fully account for all resource areas, including resource areas that were identified in the EIR to have either no impact or a less than significant impact on the environment. The City Council hereby finds that the proposed General Plan Update would either have no impact or a Tess than significant impact in the following resource areas: A. Aesthetics 1. Scenic Vistas (Threshold 4.1a): The proposed General Plan Update would have a less than significant impact on scenic vistas. Impacts on scenic views of the hillsides and the San Gabriel Mountains would be less than significant with adherence to the goals and policies set forth in the General Plan Update, as well as other City regulations related to hillside land development. (EIR pp. 4.1 -11 to 12.) 2. Scenic Highways (Threshold 4.1b): The proposed General Plan Update would have no impact on scenic highways. There are no scenic highways in and near the City, which may be impacted by future development. (EIR p. 4.1 -12.) 9 3. Visual Character and Quality (Threshold 4.1c): The proposed General Plan Update would have a Tess than significant impact on the visual character and quality of the site and its surroundings. Changes in the City's visual character would be less than significant with adherence to the proposed goals, policies, and implementation actions set forth in the General Plan Update and with compliance with the City's Architectural Design Guidelines, Zoning Regulations and development standards, and Municipal Code requirements. (EIR pp. 4.1 -12 to 14.) 4. Light and Glare (Threshold 4.1d): The proposed General Plan Update would have a less than significant impact regarding the creation of new sources of substantial light or glare that would adversely affect day or nighttime views in the area. The introduction of new sources of light and glare would be less than significant with compliance with the City's Municipal Code standards for exterior lighting. (EIR pp. 4.1- 14 to 15.) B. Agriculture and Forest Resources 1. Important Farmland (Threshold 4.2a): The proposed General Plan Update would have no impact on this resource and would not convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance, as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to a non - agricultural use. Future development under the General Plan Update would have no impact on designated Farmlands. (EIR p. 4.2 -3.) 2. Existing Zoning or Williamson Contract (Threshold 4.2b): The proposed General Plan Update would not conflict with existing zoning for agricultural use or a Williamson Act contract. The City does not have an agricultural zone and there are no Williamson Act contracts within the City of Arcadia or its SOI. (EIR p. 4.2 -3.) 3. Forest Land and Timberland (Threshold 4.2c): The proposed General Plan Update would not conflict with existing zoning for, or cause rezoning of, forest land, timberland, or timberland zoned Timberland Production. The General Plan Update does not propose future development or redevelopment on forest lands within the Angeles National Forest. (EIR p. 4.2 -3.) 4. Conversion of Forest Land (Threshold 4.2d): The proposed General Plan Update would not result in the loss of forest land or conversion of forest land to non - forest land. Future residential development near the Angeles National Forest would not conflict with or obstruct implementation of the Forest Plan or lead to the loss of forest land or the conversion of forest land. (EIR p. 4.2 -4.) 5. Conversion of Farmland (Threshold 4.2e): The proposed General Plan Update would not involve other changes in the existing environment, which due to their location or nature, would result in conversion of Farmland to non - agricultural use or conversion of forest land to non - forest use. Future development pursuant to the General Plan Update would have no impact on agricultural use or forests, nor would it lead to the conversion of agricultural land or forest land to other uses. (EIR p. 4.2 -4.) 10 C. Air Qualit 1. Operational Stationary Sources (Threshold 4.3d): The proposed General Plan Update would result in less than significant impacts with regard to operational emissions from stationary sources. Stationary sources of TAC emissions in the City would have to comply with SCAQMD rules and regulations regarding new stationary sources. As part of SCAQMD's new stationary source review, SCAQMD would determine if TACs would be emitted. If SCAQMD determines that TACs would be emitted, SCAQMD would determine the MACT (maximum achievable control technology) or BACT (best available control technology) to impose on the project to reduce emissions. If the SCAQMD determines that even after imposing the MACT or BACT emissions would be significant, SCAQMD would deny the permit to the stationary source. Consequently, the current regulatory scheme would sufficiently mitigate any potentially significant operational emissions impacts from stationary sources and no additional mitigation is necessary. Therefore, operational stationary source emissions would be less than significant. (EIR p. 4.3 -24.) 2. Operational Local CO Impacts (Threshold 4.3d): The proposed General Plan Update would result in less than significant impacts with regard to operation local CO hotspot impacts. Future peak hour traffic volumes at intersections within the City of Arcadia would be less than those included in the AQMP modeling analysis. Thus, CO concentrations at major intersections in the City due to future development would also be lower. No CO hotspots would occur. (EIR pp. 4.3 -26 to 4.3 -27.) 3. Objectionable Odors (Threshold 4.3e): The proposed General Plan Update would have a less than significant impact with regard to the creation of objectionable odors affecting a substantial number of people. The proposed General Plan Update does not propose the development of agricultural or industrial land uses that are major odor sources. Therefore, land use conflicts between major odor sources and sensitive receptors are not expected to occur in the City. (EIR p. 4.3 -27.) Moreover, exhaust odors from diesel engines, as well as emissions associated with asphalt paving and the application of architectural coatings may be considered offensive to some individuals. Similarly, diesel - fueled locomotives traveling along the rail lines in the City and diesel - fueled trucks traveling on local roadways would produce associated diesel exhaust fumes. However, because odors associated with diesel fumes and other minor sources would be temporary and would disperse rapidly with distance from the source, construction generated and mobile- source odors would not result in the frequent exposure of receptors to objectionable odor emissions. The City has adopted performance standards for odors to prevent exposure of adjacent land uses to objectionable odors. Implementation of existing solid waste regulations would also reduce odors from on -site wastes and trash. Compliance with these Standard Conditions would prevent existing and future stationary sources from adversely affecting nearby developments. (EIR pp. 4.3 -27 to 28.) 11 D. Biological Resources 1. Riparian Habitat and Wetlands (Thresholds 4.4b and 4.4c): The proposed General Plan Update would have a less than significant impact on riparian habitat and Federally protected wetlands. Future infrastructure projects or flood control maintenance could impact drainages, resulting in potential disturbance of jurisdictional features subject to CDFG or USFWS regulations and permits that may be present in these drainage channels. In accordance with existing regulations, prior to any impacts to biological resources under the jurisdiction of the USACE, the CDFG, or the RWQCB, appropriate permits would have to be obtained from these resource agencies. These permits would identify necessary mitigation to reduce disturbance impacts and require appropriate replacement habitat in order to ensure no net loss in biological resource values. Compliance with the permit requirements would prevent any significant adverse impacts to wetlands and riparian communities. Implementation Action 6 -14 also requires compliance with the FESA, the CESA, and the CWA to avoid impacts to water quality and riparian resources. Therefore, impacts to jurisdictional resources to be less than significant. (EIR p. 4.4 -20.) 2. Wildlife Movement (Thresholds 4.4d): The proposed General Plan Update would have a less than significant impact on the movement of any native or migratory fish or wildlife species, established native resident or migratory wildlife corridors, and native wildlife nursery sites. The General Plan Update would permit Residential Estate development in the foothills on existing vacant land, adjacent to the Angeles National Forest, and in the vacant areas of the San Gabriel Mountains to the north, which are used for wildlife movement. However, development is restricted in this area and the majority of the steep hillsides would be preserved as open space, allowing continued wildlife movement. Compliance with Goals LU -5 and RS -8 and supporting policies in the General Plan Update would assist in the preservation of the natural environment in the City's northern end, reducing potential impacts to wildlife movement. Impacts would be less than significant. (EIR p. 4.4 -20 to 21.) 3. Tree Preservation Policies (Threshold 4.4e): The proposed General Plan Update would have a less than significant impact on the City's Tree Preservation Policies. While future development pursuant to the General Plan Update may lead to the removal of trees, the City's Oak Tree Regulations protect Engelmann oaks, coast live oaks, and other oak trees. Also, the City has a Comprehensive Tree Management Program for the protection of street trees and the implementation of the Street Tree Master Plan. Goal PR -3 and supporting policies and Implementation Action 7 -8 call for the protection of trees and the urban forest in the City. Compliance with these goals, policies, implementation action, and Standard Conditions would minimize the removal, cutting, or damage to a City -owned tree or shrub on any public property and protect oak trees in the City, with individual development projects complying with local policies or ordinances protecting biological resources, including trees. Impacts would be less than significant. (EIR p. 4.4 -21.) 12 4. Habitat Conservation Plan or Natural Community Conservation Plan (Threshold 4.4f): The proposed General Plan Update would have no impact on an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or State habitat conservation Plan. There are no adopted, approved, or proposed Habitat Conservation Plans; Natural Community Conservation Plans; or other approved local, regional, or State habitat conservation plans that cover habitats located within the City of Arcadia. There would, therefore, be no conflict with any such provisions with adoption of the General Plan Update or with future development pursuant to the General Plan Update. (EIR p. 4.4 -21.) E. Cultural Resources 1. Human Remains (Threshold 4.6d): The proposed General Plan Update would result in less than significant impacts to human remains. The potential to encounter unknown burials and disturbance or destruction of burial remains would be less than significant with compliance with Implementation Action 6 -12 and existing regulations that mandate the process in the event human remains are discovered. (EIR p. 4.5-19.) F. Geologv and Soils 1. Seismic Hazards (Threshold 4.6a): Surface Rupture: Implementation of the proposed General Plan Update would result in Tess than significant surface rupture hazards in the City. The Raymond, Sierra Madre, and Puente Hills faults pose the most substantial threat related to surface rupture for the City. However, existing regulations prevent development over a fault trace or protect structures and infrastructure from surface rupture hazards. Implementation of policies in the Safety Element of the proposed General Plan Update would further reduce surface rupture hazards in the City. (EIR pp. 4.6 -15 to 16.) Seismic Ground Shaking: Implementation of the proposed General Plan Update would result in less than significant seismic ground shaking hazards in the City. Future development pursuant to the General Plan Update would be subject to ground shaking hazard during earthquake events. Compliance with seismic design criteria in the California Building Code (CBC) would allow these structures to withstand seismic ground shaking to an acceptable degree and prevent hazards to persons and property. Future developments at the northern end of the City where there are sites with steep terrain or where ridgetops or fill slopes are present may be exposed to ridgetop spreading and deformation of fill slopes from strong seismic shaking. Site - specific geologic investigations would identify these hazards and provide appropriate construction recommendations. Goal and policies in the Safety Element and implementation actions would further reduce ground shaking hazards in the City to less than significant levels. (EIR pp. 4.6 -16 to 19.) 13 Ground Failure and Liquefaction: Implementation of the proposed General Plan Update would result in Tess than significant ground failure and liquefaction hazards in the City. Areas susceptible to liquefaction have been identified north of the Raymond fault, along Santa Anita Wash, and in the southern section of the City. Future development pursuant to the General Plan Update in these areas would be exposed to liquefaction hazards. However, the CBC and the City's Building Regulations provide the appropriate building design criteria needed to protect the structural integrity of structures and infrastructure against liquefaction. The City requires the preparation of a geotechnical investigation and compliance with the Seismic Hazards Mapping Act to identify geologic and seismic hazards and to develop appropriate mitigation measures prior to permitting by local jurisdictions. Liquefaction hazards would be less than significant. (EIR pp. 4.6 -19 to 20.) Landslides: Implementation of the proposed General Plan Update would result in Tess than significant landslide hazards in the City. New residential development on vacant lots at the northern end of the City would be exposed to landslide hazards. Compliance with the CBC and the City's Building Regulations would provide for the structural integrity of homes that may be built in this area. Site - specific geologic investigations would identify these hazards and provide appropriate construction recommendations. Goals and policies in the Safety Element of the General Plan Update call for minimizing the potential for loss of life, physical injury, and property damage resulting from earthquakes and geologic hazards. Thus, impacts associated with landslide hazards would be less than significant. (EIR pp. 4.6 -20 to 21.) 2. Soil Erosion (Threshold 4.6b): The proposed General Plan Update would have a less than significant impact on soil erosion and the loss of topsoil. Future development would lead to ground disturbance, including grading and excavations, which may be subject to wind or water erosion. Erosion control measures are required by the City's Zoning Regulations and Building Regulations, especially for cut and fill slopes in the Residential Mountainous Single- Family Zone. In addition, future development projects are required to implement erosion control Best Management Practices (BMPs), in compliance with the National Pollutant Discharge Elimination System (NPDES) Construction General Permit. Impacts relating to erosion would be temporary and less than significant. (EIR p. 4.6 -21.) 3. Geologic Hazards and Expansive Soils (Thresholds 4.6c and 4.6d): The proposed General Plan Update would result in less than significant geologic hazards and would result in Tess than significant impacts to soil properties in the City. Future development would be exposed to geologic hazards, which include slope instability (landslides, mudslides, and debris flows), poor geotechnical /soils engineering properties (expansive, collapsible, and corrosive soils), shallow groundwater, flooding from tsunami and seiche, and subsidence. The CBC and the City's Building Regulations provide the appropriate building design criteria needed to protect the structural integrity of structures and infrastructure against subsidence and soil settlement. The City requires the preparation of a geotechnical investigation for individual developments to identify and mitigate geologic hazards. General Plan goals and policies would also reduce hazards. Impacts would be Tess than significant. (EIR pp. 4.6 -21 to 24.) 14 15 G. Hazards and Hazardous Materials 1. Transport, Use, and Disposal of Hazardous Materials (Threshold 4.7a): Implementation of the proposed General Plan Update would have less than significant impacts related to the transportation, use, and disposal of hazardous materials. Impacts associated with the routine transport, use, or disposal of hazardous materials in the City would be less than significant with compliance with existing hazardous material regulations and the goals, policies, and implementation actions in the proposed General Plan Update. (EIR pp. 47 -18 to 19.) 2. Accidental Release of Hazardous Materials (Threshold 4.7b): Implementation of the proposed General Plan Update would have less than significant impacts related to the accidental release of hazardous materials. Future development may include industrial and commercial uses that would utilize large quantities of hazardous materials. However, these users would be subject to various State and federal regulations on storage, use, handling, transport, or disposal of hazardous materials and hazardous wastes. Compliance with pertinent regulations would avoid the creation of a significant hazard to the public and would reduce the potential for the release of hazardous materials into the environment. (EIR p. 4.7 -19 to 20.) 3. Hazardous Emissions or Hazardous Materials Near Schools (Threshold 4.7c): Implementation of the proposed General Plan Update would have less than significant impacts related to siting hazardous emissions or hazardous materials near schools. With implementation of the standard conditions and implementation actions in the proposed General Plan Update, impacts related to exposure of school -aged children to hazardous emissions, materials, substances, or wastes would be less than significant. (EIR p. 4.7 -20.) 4. Known Hazardous Materials Sites (Threshold 4.7d): The proposed General Plan Update would have a less than significant impact with regard to known hazardous materials sites. With implementation of the standard conditions and implementation actions in the proposed General Plan Update, impacts related to the presence and /or potential redevelopment of known hazardous materials sites would be less than significant. (EIR p. 4.7 -21.) 5. Airport and Airstrip Hazards (Thresholds 4.7e and 4.7f): The proposed General Plan Update would have less than significant impacts with regard to airport and airstrip hazards. Compliance with Federal Aviation Administration (FAA) regulations would avoid hazards to people residing or working near the El Monte Airport. Impacts related to aircraft operations at the El Monte Airport would be less than significant. (EIR p. 4.7 -21.) There are no private airstrips in the City. Therefore, no hazards from airstrips would occur. (EIR p. 4.7 -22.) 6. Emergency Response (Threshold 4.7g): The proposed General Plan Update would have less than significant impacts with regard to emergency response. Future development would not physically interfere with an adopted emergency response plan or emergency evacuation plan. With implementation of standard conditions and the goals and policies in the Safety Element of the proposed General Plan Update, impacts related to emergency response and evacuation would be less than significant. (EIR p. 4.7 -22.) 7. Wildland Fires (Threshold 4.7h): The proposed General Plan Update would have less than significant impacts with regard to exposure of people or structures to significant risk of loss, injury, or death involving wildland fires. Impacts related to wildland fires would be Tess than significant with implementation of the California Fire Plan, City building regulations, and Natural Hazard Mitigation Plan. (EIR p. 4.7 -23.) H. Hydrology and Water Quality 1. Water Quality and Waste Discharge Standards (Thresholds 4.8a and 4.8f): Implementation of the proposed General Plan Update would have less than significant impacts on water quality and waste discharge standards. Construction Impacts: Impacts related to the generation of storm water pollutants during construction would be reduced to less than significant levels with the implementation of erosion control measures required under the City's Municipal Code and compliance with the NPDES Construction General Permit through implementation of a Storm Water Pollution Prevention Plan. (EIR pp. 4.8 -17 to 18.) Operational Impacts: Storm water pollutants that could be generated by the operation of future development pursuant to the General Plan Update and public and infrastructure projects in the City would be reduced to less than significant levels with the implementation of a Standard Urban Stormwater Mitigation Plan (SUSMP) required under the NPDES. Goals and supporting policies in the Safety Element of the General Plan Update, as well as supporting implementation actions, would further reduce water quality impacts. (EIR pp. 4.8 -18 to 19.) 2. Groundwater (Threshold 4.8b): Implementation of the proposed General Plan Update would have less than significant impacts on groundwater recharge and groundwater supplies. Groundwater Recharge: Future development pursuant to the General Plan Update would not significantly interfere with or prevent groundwater recharge, since the Peck Road Recharge Basin would be retained as open space under the proposed Land Use Policy Map. (EIR p. 4.8 -19.) Groundwater Supplies: Groundwater supplies are expected to be available to meet the water demands in the City to the year 2035. Impacts on groundwater would be less than significant. (EIR pp. 4.8 -20 to 21.) 3. Drainage and Erosion (Thresholds 4.8c and 4.9d): Implementation of the proposed General Plan Update would have less than significant impacts on drainage and erosion. Impacts related to the alteration of drainage patterns or the course of a stream or river, in a manner which would result in substantial erosion or siltation, would 16 be Tess than significant with the implementation of erosion control measures required under the City's Municipal Code and the NPDES. (EIR pp. 4.8 -21 to 22.) 4. Flood Hazards (Thresholds 4.8g and 4.8h): Implementation of the proposed General Plan Update would have less than significant impacts on flood hazards. The City of Arcadia is not located within the 100 -year flood hazard area, as mapped by FEMA. Future development pursuant to the General Plan Update, including housing or other structures, would not be exposed to flood hazards. Structures that would be built as part of future development would not impede or redirect flood flows. Impacts would be less than significant. (EIR p. 4.8 -23.) 5. Dam Inundation and Mudflows (Thresholds 4.8i and 4.8j): Implementation of the proposed General Plan Update would have less than significant impacts on dam inundation and mudflows. The City is located outside tsunami inundation areas. While the City is located within the inundation area of several dams and there are reservoirs in the City that pose inundation and seiche hazards, compliance with the City's Floodplain Management Regulations, seismic design regulations, and emergency action plans for dams would reduce these hazards. The mudflow hazards at the hillside areas of the City would be less than significant with the implementation of erosion control measures, erosion control planting or other protective devices required in the City's Zoning and Building Regulations. Coupled with the continued operation and maintenance of upstream dams and debris basins, mudflow hazards in the City would be reduced to less than significant levels. (EIR pp. 4.8 -24 to 26.) I. Land Use and Planning 1. Division of Established Communities (Threshold 4.9a): Implementation of the proposed General Plan Update would have less than significant impacts with regard to the division of established communities. The proposed Land Use Policy Map reflects the majority of existing residential land uses in the City. Thus, no division of existing, established residential communities is expected with implementation of the General Plan Update. Also, future development would be confined to scattered vacant lands throughout the City. The individual development of these small, infill lots would reflect the surrounding land uses and would not lead to the division of established neighborhoods. (EIR p. 4.9 -18) 2. Plan Consistency (Threshold 4.9b): Implementation of the proposed General Plan Update would have less than significant impacts with regard to plan consistency. Arcadia General Plan: Approval and implementation of the General Plan Update would result in a comprehensive update of the current Arcadia General Plan, with a significant majority of the existing goals and policy direction remaining in place. Since the General Plan Update would restate the City's vision for its future, conflict with the current General Plan is not of issue and no impact would result. (EIR p. 4.9 -19.) 17 Other Local Plans and Zoning Regulations: The proposed General Plan would not conflict with the Downtown Arcadia Central Redevelopment Plan, the Regional Transportation Plan, or the Compass Growth Vision. While the proposed General plan is not consistent with the City's Zoning Regulations; however, Implementation Action 2 -1 calls for focused updates of the Zoning Regulations to make them consistent with the General Plan Update. This would prevent conflicts and impacts would be less than significant. (EIR pp. 4.9 -19 to 25.) Land Use Compatibility: Future development would be located near different land uses at the City's boundaries. The provision of setbacks, maximum lot coverage, floor area ratio, walls and other development standards that would prevent land use incompatibility with abutting developments would prevent any significant adverse impacts. (EIR pp. 4.9 -25 to 26.) 3. Conflict with Habitat Conservation Plan (Threshold 4.9c): The proposed General Plan Update would have no impacts on a Habitat Conservation Plan. Since no habitat conservation plan or natural community conservation plan has been adopted for the undeveloped areas of the City, no impact related to these plans would occur. (EIR p. 4.9 -27.) J. Mineral Resources 1. Mineral Resources (Thresholds 4.10a and 4.10b): Implementation of the proposed General Plan Update would have a less than significant impact on the availability and loss of mineral resources. Mining operations at the Rodeffer Quarry site have been completed and reclamation of the site is being conducted in accordance with existing regulations under the Surface Mining and Reclamation Act (SMARA) and the City's Municipal Code. No mining operations are expected in other areas of the City identified to contain aggregate resources due to the existing flood control and groundwater recharge functions of the Santa Anita Wash and the Peck Road Spreading Basin. Compliance with goals and policies in the Resource Sustainability Element of the proposed General Plan Update would facilitate the reclamation of mined lands; support aggregate production; minimize impacts of mining operations on land uses in the City; and prevent the loss of availability of regionally or locally significant aggregate resources. Impacts would be less than significant. (EIR p. 4.10 -4 to 5.) K. Noise 1. Airport and Airstrip Noise (Thresholds 4.12e and 4.12f): Implementation of the proposed General Plan Update would have less than significant airport and airstrip noise impacts. The noise contours for the El Monte Airport show that the 65- dBA CNEL noise contour is located entirely in the City of El Monte. While aircraft noise may be audible intermittently throughout the City of Arcadia, aircraft noise would not result in a significant adverse impact. (EIR p. 4.11 -30.) 18 L. Population, Housing, and Employment 1. Population Growth (Threshold 4.12a): Implementation of the proposed General Plan Update would result in less than significant impacts with regard to population growth. Population and Growth Projections: The evaluated maximum buildout of the General Update would result in a total population of approximately 67,597 residents, with a net increase of 3,387 units in the City and its SOI. Non - residential development within the City and SOI at buildout could generate as many as 29,753 total jobs, with an increase of 8,559 jobs over existing conditions. The increase in the employment base of the City and 501 is expected to have beneficial impacts on local residents who want to be employed near their places of residence and on the City's tax base. Also, these estimates do not exceed SCAG's 2035 projections for the City. Thus, impacts related to growth projections would be less than significant. (EIR pp. 4.12 -13 to 17.) Housing Stock: The indirect impacts related to the demand for goods and services created by the increase in residents in the City would be considered less than significant due to the availability of existing and future commercial developments in the area. Demand for housing would be met by of existing and future residential developments. Housing Element goals and policies address the provision of adequate housing for existing and future residents in the City. Implementation of the City's housing programs would provide capacity to meet future housing needs of the local population. Impacts associated with increases in housing stock would be less than significant. (EIR pp. 4.12 -16 to 17.) Infrastructure: The proposed General Plan Update calls for the construction and improvement of roadways and utility infrastructure systems in the City. The City is almost entirely serviced by existing infrastructure; therefore, the vast majority of planned improvements would be improvements to existing infrastructure systems, rather than the extension of new systems into vacant areas. No inducement in population growth due to roadway or infrastructure improvements is expected from the General Plan Update. (EIR p. 4.12 -17.) Jobs - Housing Balance: The City is working toward providing more job opportunities in Arcadia, as proposed in the Economic Development Element. Buildout of the City pursuant to the proposed Land Use Policy Map would lead to a housing stock of 22,535 units and an employment base of 29,753 jobs. This translates to a jobs - housing ratio of 1.32, which is consistent with SCAG projections. Potential impacts related to the jobs- housing balance would be less than significant. (EIR p. 4.12 -17.) 2. Displacement of Housing and People (Thresholds 4.12b and 4.12c): The proposed General Plan Update would result in less than significant impacts with regard to the displacement of housing and people. The General Plan Update calls for the preservation of the City's residential neighborhoods. Thus, the majority of residential developments in the City are expected to remain in place, with limited recycling. Public and private redevelopment actions could result in the temporary removal of housing 19 units, particularly where the revised Land Use Policy Map allows for higher densities. However, higher intensity residential uses built at the same sites would create opportunities for additional housing. Compliance with existing State housing regulations (California Relocation Assistance Act and California Community Redevelopment Law) would reduce displacement impacts. Impacts related to the displacement of housing or people would be less than significant. (EIR p. 4.12 -18.) M. Public Services 1. Fire Protection and Emergency Medical Services (Threshold 4.12a): Implementation of the proposed General Plan Update would have less than significant impacts on fire protection and emergency medical services. Future development pursuant to the General Plan Update would increase the demand for fire protection services. Increases in Arcadia Fire Department staffing and resources would be needed to serve the City at buildout. As part of the plan check process and inspections, development in the City must comply with the California Fire Code and Fire Department regulations to reduce fire hazards and facilitate emergency response. Implementation of the goals, policies, and implementation actions in the proposed General Plan Update would prevent significant impacts to fire protection services. (EIR pp. 4.13 -17 to 19.) 2. Police Protection and Law Enforcement Services (Threshold 4.12a): Implementation of the proposed General Plan Update would have less than significant impacts on police protection and law enforcement services. Future development pursuant to the General Plan Update would increase the demand for the police protection services. The Arcadia Police Department has indicated that increases in the current staffing and equipment levels would be needed at buildout of the City. Development projects in the City are reviewed by a police captain or police lieutenant during the site and building plan check process to determine the needs for crime prevention, such as installation of lighting systems, emergency notification systems, or crime prevention through environmental design. This review would prevent or deter crime and the demand for police protection services. Impacts on police protection services from future development pursuant to the General Plan Update would be Tess than significant. (EIR pp. 4.13 -19 to 20.) 3. School Services (Threshold 4.12a): Implementation of the proposed General Plan Update would have less than significant impacts on school services. Approximately 1,575 school -age children requiring school services would be generated by new housing development in the City and SOI or a total of 11,426 students residing in the City at buildout of the General Plan Update. As allowed under the School Facilities Act, school districts serving the City and its SOI assess school impact fees based on the floor area of new dwelling units and non - residential developments. These fees are used to fund school services and facilities needed to provide the necessary school services. Payment of statutory school fees by individual developments would mitigate impacts on schools to less than significant levels. (EIR pp. 4.13 -20 to 22.) 20 4. Library Services (Threshold 4.12a): Implementation of the proposed General Plan Update would have less than significant impacts on library services. Area residents would generate a demand for library services and increase utilization of the Arcadia Public Library and the Live Oak Branch of the County Library System. Implementation of General Plan Update goals, policies, and implementation actions would improve library services in the City. Impacts to library services would be Tess than significant. (EIR pp. 4.13 -22 to 23.) 5. Other Public Facilities (Threshold 4.12a): Implementation of the proposed General Plan Update would have less than significant impacts on the provision of other public facilities. Governmental and City services provided by the City of Arcadia within its jurisdictional boundaries would be available to existing and future uses, and include local governance; implementation of City regulations and ordinances (issuance of permits and code enforcement actions); and maintenance of public improvements, such as streets, water systems, sewer systems, and storm drain systems. Existing service programs would provide these facilities and services to future development and impacts would be less than significant. (EIR p. 4.13 -23.) N. Parks and Recreation 1. Increased Use of Parks (Threshold 4.14a): Implementation of the proposed General Plan Update would result in Tess than significant impacts with regard to the increased use of parks. Future residents are expected to create a demand for parks and recreational facilities and are likely to use both existing and planned parks and recreational facilities in the City, as well as parks in the surrounding area. Improvement and expansion of existing parks and facilities in the City would be made through implementation of the City's Parks and Recreation Master Plan, payment of Park Facilities Impact Fees by new residential development, and the provision of on -site open space and recreational facilities by multi - family residential developments. These improvements would reduce the use and accompanying deterioration that may occur on existing park facilities due to the increase in the City's resident population. Parks, Recreation, and Community Resources Element goals, policies, and implementation actions would also improve parks and recreational facilities in the City. Impacts would be less than significant. (EIR p. 4.14 -10.) 2. New Recreational Facilities (Threshold 4.14b): Implementation of the proposed General Plan Update would result in less than significant impacts with regard to new recreational facilities. New parks that would be developed in conjunction with future residential developments would meet the demand for recreational facilities by future residents of the City. Using the City's parkland standard of 2.43 acres per 1,000 residents, approximately 22.5 acres of new parkland would be needed by the estimated 9,256 future residents of the City. Payment of park impact fees by new residential developments and expansion and provision of on -site common open space and recreational areas /amenities by multi - family developments would provide new parks and recreational facilities in the City to meet standards. Implementation Action 7 -5, Recreation Facility Development in Underserved Areas, would lead to the development 21 of new recreation facilities in underserved areas of the City. Impacts would be less than significant. (EIR pp. 4.14 -11 to 12.) 3. Park Services (Threshold 4.13a): Implementation of the proposed General Plan Update would have a less than significant impact on the provision of park services. Goals and policies in the Land Use and Community Design Element and the Parks, Recreation, and Community Resources Element are intended to improve access to and the availability of parks and recreational facilities to existing and future developments in the City. The construction and operational impacts associated with the provision of new or expanded park facilities would be less than significant. (EIR p. 4.14 -12.) O. Transportation 1. Consistency with the Congestion Management Plan (Threshold 4.15b): Implementation of the proposed General Plan Update would result in less than significant impacts with regard to the consistency between the General Plan Update and the Los Angeles County Congestion Management Plan. The Los Angeles County Congestion Management Program (CMP) includes the 1 -210 and 1 -605 Freeways and Rosemead Boulevard (State Route 19) in its Highway and Roadway System. The 1 -605 Freeway is located outside the City and Rosemead Boulevard defines the western boundary of the City's SOI. Freeways are outside the jurisdiction of the City and forecasting for the freeway system is outside the scope of a City's General Plan. The traffic forecasts for the Arcadia General Plan are based on the SCAG 2008 Regional Transportation Plan (RTP) forecasts; thus, they are consistent with the SCAG process and included within it. The projected buildout of the City in the proposed General Plan Update would be less than SCAG's 2035 projections for the City's population, which were used in the development of the RTP. Future developments in the City pursuant to the proposed General Plan Update and other public projects would need to comply with the CMP requirements for TIAs, including mitigation of impacts to achieve roadway and intersection operations at LOS D or better (the City's more stringent standard versus the CMP's LOS E standard). Thus, impacts on the CMP would be less than significant. (EIR pp. 4.15 -29 to 30.) 2. Air Traffic Patterns (Threshold 4.15c): Implementation of the proposed General Plan Update would have less than significant impacts on air traffic patterns. Future development pursuant to the proposed General Plan Update and public and infrastructure projects in the City would not be directly served by air transportation and would not affect air traffic volumes at the El Monte Airport. Impacts on air traffic patterns would be less than significant. (EIR p. 4.15 -30.) 3. Traffic Hazards (Threshold 4.15d): Implementation of the proposed General Plan Update would have less than significant impacts with regard to traffic hazards. Construction activities and increases in vehicle trips on local roadways due to future development pursuant to the proposed General Plan Update and public and infrastructure projects would increase the potential for traffic accidents. However, roadway improvements would have to be made in accordance with the City's Master Plan of Roadways and the Transportation Master Plan, the City's roadway standards, 22 the Greenbook, and the California Manual for Uniform Traffic Control Devices (MUTCD). Compliance with these guidelines would allow City roadways to (1) accommodate vehicles and traffic volumes; (2) separate vehicle and pedestrian traffic; and (3) provide clear zones to prevent traffic accidents. City implementation of the ADA Sidewalk Transition Plan and Pavement Management Plan would also improve pedestrian amenities and reduce the potential for conflicts with vehicular traffic. Thus, impacts related to traffic hazards would be less than significant. (EIR pp. 4.15 -30 to 31.) 4. Emergency Access (Threshold 4.15e): Implementation of the proposed General Plan Update would have less than significant impacts on emergency access. No major change to the existing roadway system serving the City is proposed, aside from restriping segments of Colorado Boulevard, Santa Anita Avenue, and Santa Clara Avenue. Thus, no significant adverse impacts to emergency access would occur. Access to individual development sites would be made available through existing or planned roadways, as required under the City's Subdivision Code. Compliance with existing regulations (City's roadway standards, Fire Code, Greenbook, and MUTCD) would reduce impacts related to emergency response or evacuation to less than significant levels. (EIR p. 4.15 -31.) 5. Alternative Transportation (Threshold 4.15f): Implementation of the proposed General Plan Update would have a less than significant impact on alternative transportation. Future development pursuant to the General Plan Update and public and infrastructure projects could increase the use of alternative transportation systems in the City. The proposed General Plan Update promotes the use of alternative transportation systems through a Transit Corridors Plan, Bicycle Plan, mixed -use developments, and pedestrian accommodations. The goals and policies in the Circulation and Infrastructure Element are intended to implement the overarching principle of Connectivity that would both directly and indirectly influence circulation and transportation in the City as future development occurs and demand for bus transit, rail transit, bike lanes, and sidewalks increase. Beneficial impacts on alternative transportation systems would occur with the General Plan Update. Thus, impacts would be less than significant. (EIR pp. 4.15 -31 to 33.) P. Utilities and Service Systems 1. Water Supply (Threshold 4.16d): Implementation of the proposed General Plan Update would have less than significant impacts on the water supply. Future development pursuant to the General Plan Update would generate a demand for water that would require increased pumping of groundwater resources or imported water use. Total water demands in the City are projected to increase from approximately 18,720 acre -feet per year (afy) (current) to approximately 19,428 afy at buildout. The Water Supply Assessment prepared for the General Plan Update indicates that there are adequate groundwater supplies to meet future demand during a normal, single -dry or multiple -dry years. In addition to groundwater supplies, the City may utilize imported water from the Upper District. The other water companies serving the outlying areas of the City have also indicated their abilities to provide continuous and reliable water service to those portions of the City Arcadia within their respective service areas. 23 Compliance with the goals, policies and implementation actions in the proposed General Plan and existing water conservation regulations would reduce impacts to Tess than significant levels. (EIR pp. 4.16 -26 to 29.) 2. Wastewater Treatment and Infrastructure (Thresholds 4.16a and 4.16e): Implementation of the proposed General Plan Update would result in less than significant impacts to wastewater treatment and infrastructure. Wastewater Treatment Requirements: Residential wastewater does not require levels of treatment that would exceed LARWQCB NPDES treatment requirements; however, some industrial, manufacturing, and /or commercial uses may generate wastewater requiring additional treatment. Compliance with LACSD requirements for service connections would prevent any significant adverse impacts on wastewater treatment requirements. (EIR p. 4.16 -30.) Wastewater Treatment Capacity: Approximately 1.94 million gallons per day (mgd) of additional wastewater would be generated by the increase in development in the City and its SOI at buildout. There are approximately 46.9 mgd of remaining capacity at the 3 water reclamation plants serving the City. The incremental increase of 1.94 mgd from the City would represent approximately 4.1 percent of the current available capacity. With payment of LACSD connection fees, impacts would be less than significant. (EIR pp. 4.16 -30 to 31.) 3. Solid Waste Disposal (Thresholds 4.17f and 4.16g): Implementation of the General Plan Update would result in less than significant impacts to solid waste disposal. The evaluated maximum buildout of the General Plan Update would result in a net increase in solid waste generation by approximately 73 tons per day (tpd). The Puente Hills Landfill has a daily remaining capacity of approximately 3,850 tpd. The net daily increase in solid waste disposal with buildout of the General Plan Update of 73 tpd would represent approximately 1.9 percent of the Puente Hills Landfill's remaining daily permitted capacity. Compliance with the City's solid waste reduction and recycling measures and goals, policies and implementation actions in the proposed General Plan would further reduce impacts to less than significant levels. (EIR pp. 4.16 -31 to 33.) 4. Electricity, Natural Gas, and Communications Infrastructure (Thresholds 4.16h and 4.16i): Implementation of the proposed General Plan Update would result in less than significant impacts to electricity, natural gas, and communications infrastructure. Electricity and Natural Gas: Future development pursuant to the General Plan Update and public projects in the City would generate a demand for electricity and natural gas, which would be provided by SCE and Sempra Utilities, respectively. Implementation of the General Plan Update would result in an additional demands estimated at 83.4 million kilowatt hours per year (kWh /yr) of electricity and 29.2 million cubic feet of natural gas. Compliance with the existing energy conservation regulations and goals, policies and implementation actions in the proposed General Plan Update would reduce impacts to Tess than significant levels. (EIR pp. 4.16 -33 to 35.) 24 Telecommunications Systems and Services: Future development pursuant to the General Plan Update and public projects in the City would generate a demand for telecommunication systems and services, which would be provided by AT &T or its competitors (for telephone services) and by Time Warner and Champion Broadband (for cable services). Compliance with existing regulations would allow for the construction of communications infrastructure according to set standards and would prevent the creation of significant environmental impacts. (EIR p. 4.16 -35.) Q. Greenhouse Gas Emissions 1. Conflict with GHG Reduction Plan, Policy, or Regulation (Threshold 4.17b): Implementation of the proposed General Plan Update would result in less than significant impacts with regard to conflicts with applicable a GHG Reduction Plan, Policy, or Regulation. With the City largely built out, the proposed General Plan Update focuses future development along major transportation /transit corridors, promotes mixed use development in the City, intensifies the development intensity allowed in the downtown area, and calls for high density residential and commercial uses near the proposed Gold Line transit station. Thus, the proposed General Plan Update is consistent with GHG reduction programs that would reduce automobile use; locate high density development near transit stations; and promote the use of alternative transportation systems. With the transition of existing land uses into mixed use projects and into high density and intensity uses, GHG emissions Citywide would decrease over existing levels. Thus, the proposed General Plan Update would not conflict with a GHG reduction plan, policy or regulation. Impacts would be less than significant. (EIR p. 4.17- 23 to 24.) SECTION III FINDINGS REGARDING ENVIRONMENTAL IMPACTS MITIGATED TO A LEVEL OF LESS THAN SIGNIFICANT The City Council finds that the following environmental impacts identified in the EIR are potentially significant but can be mitigated to a Tess than significant level. The potentially significant impacts and the mitigation measures which would reduce them to a less than significant level are set out in the EIR and are summarized as follows: A. Air Qualit 1. Sensitive Receptors and Construction Related- Emissions (Threshold 4.3d): The proposed Project would result in construction activities in the City that would generate pollutants that may impact sensitive receptors. Finding: The Standard Condition and Mitigation Measure outlined below would reduce to a less than significant level the Project's generation of pollutants during construction that may impact sensitive receptors. The Standard Conditions and Mitigation Measure reflect changes or alterations that the City has required, or incorporated into, the Project which would avoid or substantially lessen the potentially 25 significant impact of generating pollutants during construction that may impact sensitive receptors as identified in the EIR. (State CEQA Guidelines § 15091(a)(1).) Standard Condition: Compliance with Standard Condition 4.3 -1 would reduce the amount of fugitive dust re- entrained into the atmosphere and therefore decreases the amount of particular matter that may impact sensitive receptors. Standard Condition 4.3 -1 requires that construction activities implement measures to reduce the amount of fugitive dust that is re- entrained into the atmosphere from unpaved areas, parking lots, and construction sites, in accordance with South Coast Air Quality Management District (SCAQMD) Rule 403. (EIR p. 4.3 -17.) Mitigation Measure: Implementation of Mitigation Measure 4.3 -1 in the Mitigation Monitoring and Reporting Program would reduce this impact to a less than significant level. Mitigation Measure 4.3 -1 states that the City shall require construction projects that are subject to discretionary approval to implement the following measures to reduce exhaust emissions from construction equipment: 1. Commercial electric power shall be provided to the project site in adequate capacity to avoid or minimize the use of portable gas /diesel - powered electric generators and equipment. 2. Where feasible, equipment requiring the use of fossil fuels (e.g., diesel) shall be replaced or substituted with electrically driven equivalents (provided that they are not run via a portable generator set). 3. To the extent feasible, alternative fuels and emission controls shall be used to further reduce exhaust emissions. 4. On -site equipment shall not be left idling when not in use. 5. Staging areas for heavy -duty construction equipment shall be located as far as possible from sensitive receptors. Rationale: Construction - related activities would result in short-term emissions of diesel particulate matter (PM) from the exhaust of off -road, heavy -duty diesel equipment for site preparation (e.g., excavation, grading, and clearing); paving; application of architectural coatings; and other miscellaneous activities. The potential cancer risk from the inhalation of diesel PM outweighs the potential for all other health impacts. Because (1) the use of off-road heavy -duty diesel equipment would be temporary during construction activities and would combine with the highly dispersive properties of diesel PM; (2) further reductions in exhaust emissions would occur through regulations; and (3) construction - related activities would be short-term, incremental through time, and would occur at scattered locations throughout the City, construction - related toxic air contaminant (TAC) emissions would not expose sensitive receptors to substantial concentrations of TACs. It is also important to note that compliance with Standard Condition 4.3 -1, which requires compliance with the construction dust mitigation requirements of the South Coast Air Quality Management District (SCAQMD), and 26 equipment exhaust mitigation (MM 4.3 -1) would reduce particulate matter emissions and diesel PM exposure of nearby land uses. (EIR p. 4.3 -24.) Impacts would be less than significant after mitigation. B. Biological Resources 1. Sensitive Species (Threshold 4.4a): Future development and implementation of the General Plan Update would lead to the disturbance of sensitive plant and animal species found in the City. Finding: The Standard Condition, Project Design Features, and Mitigation Measure outlined below would reduce to a less than significant level the Project's impacts to sensitive species. The Standard Condition, Project Design Features, and Mitigation Measures reflect changes or alterations that the City has required, or incorporated into, the Project which would avoid or substantially lessen the potentially significant impacts to sensitive species identified in the EIR. (State CEQA Guidelines § 15091(a)(1).) Standard Condition: Standard Condition 4.4 -1 requires that a qualified biologist conduct nesting bird surveys in areas with suitable habitat prior to all construction or site preparation activities that would occur during the nesting and breeding season of native birds. Compliance with this Standard Condition would reduce potential impacts to sensitive bird species found in the City. Project Design Features: Goals LU -5 and RS -8 of the General Plan Update require that detailed biological studies for foothill properties be prepared prior to any development. Those same goals also require that appropriate mitigation for significant impacts to natural resources. By providing for additional detailed site - specific study for foothill properties, the City would ensure that development of areas of the City marked by potentially sensitive habitats is fully evaluated. For all new development proposed adjacent to sensitive habitats the City would require adequate buffers, setbacks and other protections to avoid direct and indirect impacts to these sensitive areas. (Implementation Action 6 -13.) Mitigation Measure: Implementation of Mitigation Measure 4.4 -1 in the Mitigation Monitoring and Reporting Program would reduce this impact to a less than significant level. Mitigation Measure 4.4 -1 requires that prior to the development of vacant and undeveloped areas, a qualified biologist, under the direction from the City, shall determine whether a habitat assessment is required to assess site potential to support any special status plant or wildlife species. If potentially suitable habitat is present for any special status species, then the City shall direct appropriate focused surveys to be performed to determine the presence or absence of special status species. If any special status species is identified on the site, then appropriate avoidance and /or mitigation measures shall be implemented, as approved by the resource agencies, and subject to the necessary permits under the FESA, the CESA, the California Fish and Game Code, and other applicable regulations. 27 Rationale: The proposed Land Use Policy Map in the General Plan Update would designate the Peck Road County Park and the Santa Anita Wash open space areas (along with linear segments of Arcadia, Sierra Madre, and Santa Anita Washes) as Open Space- Resource Protection areas, and would designate other City parks as Open Space- Outdoor Recreation areas. This change in land use designation from Public to Open Space would allow for the indefinite retention of these open space areas and for the protection of any biological resources occurring there. There is limited vacant land in the City, and the majority of these vacant lands are infill lots that have been previously developed or are highly disturbed. Thus, they are unlikely to contain sensitive species. However, they would still be subject to a biological assessment if existing plant and animal habitats would be disturbed or removed as part of future development or public and infrastructure projects in the City (MM- 4.4 -1). (EIR pp. 4.4 -18 to 19.) Several large, vacant parcels at the northern end of the City contain scrub vegetation and may serve as habitat for sensitive species. Future development on these parcels may result in the Toss of existing natural habitat areas and may impact special status plant and /or wildlife species potentially occurring on these properties. (EIR p. 4.4- 19.) Adverse impacts to sensitive species that may occur in areas proposed for development, construction, or other ground disturbance would be reduced to a Tess than significant level with the implementation of MM 4.4 -1, which calls for a biological survey for sensitive species and appropriate avoidance and /or mitigation measures. Furthermore, General Plan Update Goals LU -5 and RS -8 and supporting policies also require detailed biological studies for foothill properties prior to any development, in addition to appropriate mitigation for significant impacts to natural resources. Implementation Action 6 -13 calls for habitat protection and Implementation Action 6 -14 requires compliance with the FESA, the CESA, and the CWA. Conduct of nesting bird surveys would reduce adverse impacts to nesting birds to a less than significant level by minimizing disturbance to nesting birds during construction through seasonal avoidance or pre- construction surveys and avoidance of designated active nesting areas. Impacts to sensitive species and nesting birds would need to be addressed in detailed biological studies if development or other habitat alteration is proposed. Compliance with the conditions or mitigation measures identified in individual permits from resource agencies would prevent any significant adverse impacts. (EIR pp. 4.4 -18 to 20.) C. Cultural Resources 1. Historical Resources (Threshold 4.6a): Redevelopment of parcels to enable a different or more intensive use of a site could result in the demolition or alteration of historic resources in the City. Finding: The Standard Condition, Project Design Features, and Mitigation Measure outlined below would reduce to a less than significant level the Project's impacts to historical resources. The Standard Condition, Project Design Features, and Mitigation Measure reflect changes or alterations that the City has required, or 28 incorporated into, the Project which would avoid or substantially lessen the potentially significant impacts to historical resources identified in the EIR. (State CEQA Guidelines § 15091(a)(1).) Standard Condition: Standard Condition 4.5 -1 requires that all development projects in the City comply with CEQA and the State CEQA Guidelines as they relate to historical resources. The State CEQA Guidelines provide specific guidance regarding the types of resources that qualify as historical resources and what types of impacts to historical resources are considered significant. If a development project is determined to have a significant impact on an historical resource, that impact must be mitigated, to the extent feasible, according to the Public Resources Code. Implementation of this Standard Condition 4.5 -1 would ensure that impacts to historical resources are fully evaluated and mitigated prior to undertaking development projects. (EIR p. 4.5 -17.) Project Design Features: The General Plan Update contains three policies to retain and demonstrate proper stewardship to historical resources in the City. Policy PR -9.4 encourages the preservation of the Santa Anita Park and its grandstand. Policy PR -9.5 requires the identification of historic sites, structures, and neighborhoods, and other resources through a Historic Resource Inventory. Policy PR -9.6 states that the City will explore the establishment of a Cultural Heritage Ordinance. Each of these policies demonstrates the City's commitment to inventory and protect historical resources in the City. (EIR pp. 4.5 -15 to 17.) Implementation Action 6 -11 requires cultural resource assessments for any proposed development that may impact a known historical site that is 50 years or older. The assessment shall identify the significance of the resource, based on guidance provided in the California Register of Historical Resources and other applicable sources. Assessment reports will direct avoidance of impacts and preservation of significant resources in place, where feasible. Implementation Action 7 -14 requires that the City maintain an up -to -date inventory of historically significant structures. Implementation Action 6 -11 and 7 -14 would ensure that historical resources in the City are inventoried and that any impacts to such resources are evaluated and mitigated. (EIR pp. 4.5 -15 to 17.) Mitigation Measures: Implementation of Mitigation Measure 4.5 -1 in the Mitigation Monitoring and Reporting Program would reduce this impact to a less than significant level. Mitigation Measures 4.5 -1 requires that prior to the issuance of demolition permits that may affect structures 50 years of age or older, a qualified architectural historian shall conduct an assessment to determine the significance of the structure(s) and /or site(s). Project applicants /developers shall ensure that, to the maximum extent possible, direct or indirect impacts to any known properties that are deemed eligible for inclusion in the NRHP, the CRHR, or a local designation be avoided and /or preserved consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties. Should avoidance and /or preservation not be a feasible option, a qualified architectural historian shall develop a mitigation program that may include, but not be limited to, formal documentation of the structure using historical narrative and photographic documentation, facade preservation, and /or monumentation. 29 Properties are not equally significant, and some retain more significance than others. Therefore, prior to development decisions, a qualified architectural historian shall be retained to evaluate the circumstance regarding the property and planned development and to make management decisions regarding documentation of the property. (EIR pp. 4.5 -15 to 17.) Rationale: Six properties in the City are included or are eligible for inclusion into the National Register of Historic Places (NRHP), California Register of Historical Resources (CRHR), California Landmarks, and California Points of Historical Interest. In addition, the majority of residential buildings in the City were built between 1920 and 1960. As such, many of the homes and buildings constructed in Arcadia are already or will soon be 50 years old. Alteration, rehabilitation, or redevelopment of older structures could potentially result in significant adverse impacts on historic resources. (EIR pp. 4.5- 15 to 16.) General Plan Update goals and policies would serve to encourage the evaluation and preservation of historically significant structures and resources. In addition, Implementation Action 6 -11 requires cultural resources assessments for any proposed development that may impact a known or potential archaeological or paleontological site, or a historical site that is 50 years old or older. Specifically, the assessments shall identify the significance of the resource, based on the guidance provided in the CRHR and other applicable sources. Assessment reports will direct avoidance of impacts and preservation of significant resources in place, where feasible. Implementation of these goals, policies, and implementation action would promote the preservation of important cultural resources in the City. (EIR p. 4.5 -16.) For resources determined to be culturally significant through Policy PR -9.5 and Implementation Action 7 -14, adherence to the Secretary of Interior's Standards would protect the historical significance of a structure and prevent adverse impacts. In addition, the environmental review of individual projects would lead to the mitigation of their impacts on cultural resources. Policy PR -9.6 directs the City to explore the establishment of a Cultural Heritage Ordinance. Prior to the adoption of this ordinance, redevelopment and public and infrastructure projects in the City would have had the potential to involve the demolition, rehabilitation, expansion, and /or alteration of structures that are historically significant. However, actions that do not trigger CEQA review such as non - discretionary permits for demolition, rehabilitation, expansion, and /or alteration would not be afforded the same protection. With implementation of MM 4.5 -1, impacts to historic resources would be reduced to Tess than significant levels. (EIR p. 4.5 -17.) Cumulative impacts would be less than significant after mitigation. (EIR p. 4.5 -20.) 2. Archaeological Resources (Threshold 4.6b): Future development could affect archaeological resources in the City. Finding: The Standard Condition, Project Design Features, and Mitigation Measure outlined below would reduce to a Tess than significant level the Project's impacts to archaeological resources. The Standard Condition, Project Design Features, 30 and Mitigation Measure reflect changes or alterations that the City has required, or incorporated into, the Project which would avoid or substantially lessen the potentially significant impacts to archaeological resources identified in the EIR. (State CEQA Guidelines § 15091(a)(1).) Standard Condition: Standard Condition 4.5 -1 requires that all development projects in the City comply with CEQA and the State CEQA Guidelines as they relate to historical resources. The State CEQA Guidelines provide specific guidance regarding the types of resources that qualify as historical resources and what types of impacts to historical resources are considered significant. If a development project is determined to have a significant impact on an historical resource, that impact must be mitigated, to the extent feasible, according to the Public Resources Code. Implementation of this Standard Condition 4.5 -1 would ensure that impacts to historical resources are fully evaluated and mitigated prior to undertaking development projects. (EIR p. 4.5 -18.) Project Design Features: Implementation Action 6 -11 requires archeological resource assessments for any proposed development that may impact a known archaeological site that is 50 years or older. The assessment shall identify the significance of the resource, based on guidance provided in the California Register of Historical Resources and other applicable sources. Assessment reports will direct avoidance of impacts and preservation of significant resources in place, where feasible. Implementation Action 6 -12 requires an archaeological monitor on -site during any construction activities on properties containing potential archaeological resources. Implementation Action 6 -11 and 6 -12 would ensure that any impacts to archaeological resources in the City are evaluated and mitigated. Mitigation Measure: Implementation of Mitigation Measure 4.5 -2 in the Mitigation Monitoring and Reporting Program would reduce this impact to a less than significant level. Mitigation Measures 4.5 -2 requires that projects that would be located on undeveloped parcels or near known cultural resources shall implement the following: 1. A Phase 1 study shall be undertaken to evaluate the current conditions of a project site. The study shall consist of (1) an initial records search including records, maps, and literature housed at the Archaeological Information Center located at California State University, Fullerton; (2) a Sacred Lands check with the NAHC and initial scoping with interested Indian Tribes and individuals identified by the NAHC; (3) a pedestrian field survey by a qualified Archaeologist to determine the presence or absence of surficial artifactual material and /or the potential for buried resources; and (4) a technical report describing the study and offering management recommendations for potential further investigation. 2. If archaeological sites are discovered as a result of the Phase I study, a Phase II evaluation of the significance of any prehistoric material that is present shall be undertaken. The evaluation shall include further archival research, ethnographic research, and subsurface testing /excavation to determine the site's horizontal and vertical extent, the density and diversity of cultural material, and the site's overall integrity. The evaluation shall include a technical report 31 describing the findings and offering management recommendations for sites determined to be significant. Non - significant resources would require no further study. 3. If the Phase 11 evaluative study indicates that a significant site is present, the qualified Archaeologist shall determine appropriate actions, in cooperation with the City of Arcadia, for preservation and /or data recovery of the resource. Preservation in place is the preferred manner of mitigation, as provided in CCR Section 15126.5(b)(3). This could include (1) avoidance of resources; (2) incorporation of resources into open space; (3) capping the resource with chemically stable sediments; and /or (4) deeding the resource into a permanent conservation easement. To the extent that a resource cannot be preserved in place, a Phase III data recovery excavation shall be completed to recover the resource's scientifically consequential information. A technical report shall be completed that adheres to the OHP's Archaeological Resources Management Report (ARMR) guidelines. 4. Monitoring of ground- disturbing activities shall be undertaken by a qualified Archaeologist as a final mitigation measure in areas that contain or are sensitive for the presence of cultural resources. Rationale: There is one archaeological site that has been recorded in the City. Excavation and ground- disturbing activities on and near this archaeological site have the potential to adversely affect the resources at this site and /or to unearth previously unknown archeological resources. Also, the presence of archaeological resources on undeveloped sites in the City has not been determined. Thus, future development on undeveloped sites has the potential to disturb or destroy archaeological resources that may be present on these sites, which would be a significant impact. (EIR p. 4.5 -18.) Implementation Action 6 -11 requires cultural resources assessments for any proposed development that may impact a known or potential archaeological or paleontological site, or a historical site that is 50 years old or older. Implementation Action 6 -12 requires monitoring for areas with the potential to contain archaeological resources. These implementation actions would prevent adverse impacts on the archaeological site near the 1 -210 Freeway and archaeological sites that may be discovered during ground- disturbing and excavation activities associated with the construction of future development pursuant to the General Plan Update. Compliance with CEQA, the CEQA Guidelines, and the CRHR for the protection of cultural resources would also reduce impacts. (EIR p. 4.5 -18.) In addition, MM 4.5 -2 requires individual projects to comply with a process that begins with a Phase I cultural resources study and continues, as applicable for each project, through in -place preservation or data recovery of any resources encountered, and requires archaeological monitoring of ground disturbing activities in areas determined to be sensitive for archaeological resources. With implementation of General Plan Update goals, policies, and implementation actions related to archaeological resources, CEQA, CRHR and MM 4.5 -2, there would be less than 32 significant impacts related to the potential disturbance or destruction of archaeological resources. (EIR p. 4.5 -18.) Cumulative impacts would be less than significant after mitigation. (EIR p. 4.5 -20.) 3. Paleontological Resources (Threshold 4.6c): Future development could affect paleontological resources in the City. Finding: The Project Design Feature and Mitigation Measure outlined below would reduce to a Tess than significant level the Project's impacts to paleontological resources. The Project Design Feature and Mitigation Measure reflect changes or alterations that the City has required, or incorporated into, the Project which would avoid or substantially lessen the potentially significant impacts to paleontological resources identified in the EIR. (State CEQA Guidelines § 15091(a)(1).) Project Design Feature: Implementation Action 6 -11 requires cultural resource assessments for any proposed development that may impact a known or potential archaeological or paleontological site. (EIR pp. 4.5 -18 to 19.) Mitigation Measure: Implementation of Mitigation Measure 4.5 -3 in the Mitigation Monitoring and Reporting Program would reduce this impact to a less than significant level. Mitigation Measure 4.5 -3 states that future development and public and infrastructure projects that would excavate into Older Quaternary Alluvium deposits shall implement the following: 1. An archival records search shall be undertaken at the NHMLAC to determine the depositional environment within the project area and to evaluate the likelihood of fossils being present. 2. A field survey shall be undertaken prior to ground- disturbing activities in areas of potential but unknown sensitivity to evaluate the site for the presence of significant fossil resources and establish the need for paleontological salvage and /or monitoring. 3. If significant fossils are discovered as a result of a field survey or during monitoring operations, a qualified Paleontologist shall determine appropriate actions, in cooperation with the City of Arcadia, for the preservation and /or salvage of the resource. 4. Any monitoring activities shall be accomplished by a qualified Paleontologist so that fossils discovered during grading can be scientifically and efficiently recovered and preserved. 5. A qualified Paleontologist shall prepare collected specimens to a point of identification and place the prepared fossils in the appropriate institution for permanent curation. 33 6. Upon completion of recovery and curation, all studies and actions shall be described in a paleontological technical report prepared by a qualified Paleontologist. Rationale: Future development that would be located at the northern section of the City (in areas underlain by Older Quaternary Alluvium deposits) has the potential to encounter, disturb, destroy, or adversely impact unknown paleontological resources. While this area is largely developed with urban land uses and sites may be overlain by artificial fill, excavation activities that extend into native soils could potentially uncover paleontological resources. (EIR p. 4.5 -19.) Implementation Action 6 -11 in the General Plan Update requires cultural resources assessments for any proposed development that may impact a known or potential archaeological or paleontological site. MM 4.5 -3 requires monitoring by a qualified paleontologist where ground- disturbing activities associated with individual projects would extend into Older Quaternary Alluvium deposits, as well as the recovery and recordation, if necessary, of any paleontological resources encountered. Implementation Action 6 -11 and MM 4.5 -3 would reduce potential impacts to paleontological resources to less than significant levels. (EIR p. 4.5 -19.) Cumulative impacts would be less than significant after mitigation. (EIR p. 4.5 -20.) D. Geology and Soils 1. Septic Tank Limitations: Soils in the City pose septic tank limitations to future development. Finding: The Standard Conditions and Mitigation Measure outlined below would reduce to a less than significant level the Project's impacts to septic tank systems. The Standard Conditions and Mitigation Measure reflect changes or alterations that the City has required, or incorporated into, the Project which would avoid or substantially lessen the potentially significant impacts to septic tank systems identified in the EIR. (State CEQA Guidelines § 15091(a)(1).) Standard Conditions: Standard Condition 4.6 -7 requires all future development to connect to the public sewer system where existing sewer lines are available, in accordance with the California Plumbing Code. Standard Condition 4.6 -8 requires all future development to comply with the California Plumbing Code standards for design and construction of water and sewer systems, storm drains and recycled water systems in buildings. Implementation of Standard Conditions 4.6 -7 and 4.6 -8 would reduce the number of private septic tank systems in the City and in turn reduce impacts related to operation or decommissioning of septic systems to less than significant levels. (EIR p. 4.6 -24.) Mitigation Measure: Implementation of Mitigation Measure 4.6 -1 in the Mitigation Monitoring and Reporting Program would reduce this impact to a less than significant level. Mitigation Measures 4.6 -1 states that future development at the northern edge of the City (generally north /northwest of Canyon Road) shall provide for the extension of 34 sewer lines to serve the proposed project in order to avoid hazards associated with soils incapable of supporting septic tank systems. Rationale: The vast majority of the City is served by the public sewer system. Future development would be required to connect to the public sewer system where existing sewer lines are available, as required under the California Plumbing Code (SC 4.6 -7). While the majority of the City is served by the public sewer system, there are septic tanks that remain. Redevelopment of a site with a septic tank would require abandonment of the septic tank and connection to the public sewer system under the California Plumbing Code. (EIR p. 4.6 -24.) Compliance with Order No. R4- 2004 -0146 of the LARWQCB is required to regulate the type of discharge; surface overflows; disposal of wastes in geologically unstable areas; odors; and groundwater pollution, including annual inspections, connection to public sewer system within six months of availability, and monitoring. The regulations protect shallow groundwater and adjacent water bodies. (EIR p. 4.6 -24.) Hanford and Tujunga - Soboba soils that underlie the majority of the City do not have severe limitations for use of septic tank filter fields. However, Vista - Amargosa soils have severe limitations for shallow excavation and as septic tank filter fields. Therefore, future development that would occur at the northern end of the City underlain by Vista Amargosa soils could not be adequately served by septic systems. Since there are no sewer lines at the northern edge of the City and on -site soils could not support septic systems, future development in the area generally north /northwest of Canyon Road would need to include extension of sewer lines to the development sites (MM 4.6 -1). Compliance with existing regulations and MM 4.6 -1 would reduce impacts related to the operation or decommissioning of septic systems to be less than significant after mitigation. (EIR p. 4.6 -24.) E. Hydrology and Water Quality 1. Surface Runoff and Storm Drain Facilities (Thresholds 4.8c and 4.16c): Future development on vacant land would increase runoff volumes and rates and may require the construction of new storm water drainage facilities or the expansion of existing facilities. Finding: The Standard Conditions and Mitigation Measure outlined below would reduce to a less than significant level the Project's impacts to surface runoff and storm drain facilities. The Standard Conditions and Mitigation Measure reflect changes or alterations that the City has required, or incorporated into, the Project which would avoid or substantially lessen the potentially significant impacts to surface runoff and storm drain facilities identified in the EIR. (State CEQA Guidelines § 15091(a)(1).) Standard Conditions: Standard Condition 4.8 -2 requires that all new development comply with the requirements of the Municipal Separate Storm Sewer Systems (MS4) Permit and Waste Discharge Requirements for the County. The MS4 Permit and Waste Discharge requirements require that all new development and 35 redevelopment prepare a Standard Urban Stormwater Management Plan ( "SUSMP ") as part of the development permit process. The SUSMP shall identify post- construction treatment - control best management practices to implement on -site for long -term storm water pollutant mitigation. Implementation of this Standard Condition 4.8 -2 would ensure use of best management practices to control surface runoff from new construction and redevelopment. Standard Condition 4.16 -1 requires that all future development applications provide an adequate engineering analysis of project- specific impacts to utility infrastructure and identify specific improvements that would eliminate the impacts. (EIR pp. 4.8 -22 to 23.) Mitigation Measure: Implementation of Mitigation Measure 4.16 -1 in the Mitigation Monitoring and Reporting Program would reduce this impact to a less than significant level. Mitigation Measure 4.16 -1 states that prior to approval of development applications that could have an impact on existing water, sewer, or storm drain infrastructure capacities, as determined by the City Engineer, the project applicant/developer shall be required to determine project impacts on each system. If water, sewer, and /or storm drain infrastructure improvements are required in order to serve the proposed project, then appropriate mitigation shall be provided in the analysis and shall be incorporated into site development plans, subject to review and approval by the City Engineer. If infrastructure improvements outside the jurisdiction of the City of Arcadia are required, including improvements to trunk sewer lines owned by the Sanitation Districts of Los Angeles County, the needed improvements, or fair share payments in lieu of infrastructure improvements, shall be completed to the satisfaction of the appropriate jurisdictions. Rationale: Because only one percent of the land available for development within the City is vacant, development pursuant to the General Plan Update would only slightly increase the amount of impervious surface areas in the City. To guard against significant impacts related to storm drain infrastructure, MM 4.16 -1 requires the City to mandate that all future development applications provide an adequate engineering analysis of project- specific impacts to utility infrastructure and identify specific improvements that would eliminate the impacts. Safety Element and Circulation and Infrastructure Element goals, policies and implementation actions, and standard conditions would also minimize regional and localized flood hazards. Impacts would be less than significant after mitigation. (EIR pp. 4.8 -22 to 23.) F. Noise 1. Construction (Short -Term) Noise (Thresholds 4.11a, c, and d): Future development under the proposed General Plan Update would generate noise from short-term construction activities. Finding: The Standard Conditions, Project Design Features, and Mitigation Measure outlined below would reduce to a less than significant level the Project's short- term construction noise impacts. The Standard Conditions, Project Design Features, and Mitigation Measure reflect changes or alterations that the City has required, or incorporated into, the Project which would avoid or substantially lessen the potentially 36 significant short-term construction noise impacts identified in the EIR. (State CEQA Guidelines § 15091(a)(1).) Standard Conditions: Standard Condition 4.11 -1 limits construction - related activities to occur only between the hours of 7:00 AM to 7:00 PM, Monday through Saturday, unless otherwise permitted by the Development Services Department. In addition, construction is prohibited on Sundays and major holidays. Standard Condition 4.11 -2 requires future development in the City to comply with exterior noise level standards set forth in the City's Noise Ordinance. Standard Condition 4.11 -3 requires that residential structures be constructed such that interior CNEL with windows closed shall not exceed 45 dBA in any habitable room. (EIR pp. 4.11 -19 to 21.) Proiect Design Features: General Plan Policy N -3.2 encourages industrial and commercial activities to restrict their receiving operations to daytime periods in order to limit the intrusion of point- source noise within residential neighborhoods and on noise - sensitive land uses. In addition, General Plan Policy N -1.2 requires consideration of noise impacts as part of the development review process in order to effectively incorporate noise considerations into land use planning decisions related to residential and other noise - sensitive land uses. (EIR pp. 4.11 -19 to 21.) Mitigation Measure: Implementation of Mitigation Measure 4.11 -1 in the Mitigation Monitoring and Reporting Program would reduce this impact to a less than significant level. Mitigation Measure 4.11 -1 states that prior to issuance of discretionary permits for construction activities, project applicants /developers shall submit evidence to the Director of Development Services that the following noise reduction measures are stated as requirements on the construction plans and specifications: • During all excavation and grading, the construction contractors shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers, consistent with manufacturers' standards. The construction contractor shall place all stationary construction equipment so that emitted noise is directed away from the noise - sensitive receptors. • When feasible, the construction contractor shall locate equipment staging in areas that will create the greatest distance between construction - related noise sources and noise sensitive receptors during all project construction. • The construction contractor shall limit all construction - related activities that would result in high noise levels, according to the construction hours set forth in the Municipal Code. • The construction contractor shall limit haul truck deliveries to the same hours specified for construction equipment. To the extent feasible, haul routes shall not pass sensitive land uses or residential dwellings. Rationale: The proposed General Plan Update would facilitate the completion of various construction projects at numerous locations throughout the City. These projects have the potential to occur in any zoned area, including residential, commercial /office, 37 industrial, and mixed -use areas. Because different construction stages involve different pieces of equipment and may involve only localized portions of a site, each stage of construction can result in different noise levels being generated, depending on the relative distance to sensitive receptors. Future projects have the potential to produce short-term construction noise levels that violate the City's noise standards. However, compliance with the Noise Ordinance and City Noise Standards and implementation of Mitigation Measure (MM) 4.11 -1, construction noise impacts would be reduced to a Tess than significant level after mitigation. (EIR pp. 4.11 -19 to 21.) 2. Groundborne Vibration (Threshold 4.11b): Future development under the proposed General Plan Update would generate vibration impacts. Finding: The Standard Condition, Project Design Feature, and Mitigation Measure outlined below would reduce to a less than significant level groundborne vibration impacts associated with the proposed Project. The Standard Condition, Project Design Feature, and Mitigation Measure reflect changes or alterations that the City has required, or incorporated into, the Project which would avoid or substantially lessen the potentially significant groundborne vibration impacts identified in the EIR. (State CEQA Guidelines § 15091(a)(1).) Standard Condition: Standard Condition 4.11 -4 requires future development in the City to comply with the City's vibration standards set forth in Arcadia Municipal Code, Title 3, Section 9266.3.9. (EIR p. 4.11 -21.) Implementation of this Standard Condition would reduce impacts to a less than significant level. Project Design Feature: In order to reduce noise from transportation sources, General Plan Policy N -2.5 states that the City would enforce truck routes established in the Circulation and Infrastructure Element and the Municipal Code. (EIR p. 4.11 -21.) Implementation of this Project Design Feature would reduce impacts to a less than significant level. Mitigation Measure: Implementation of Mitigation Measure 4.11 -4 in the Mitigation Monitoring and Reporting Program would reduce this impact to a less than significant level. Mitigation Measure 4.11 -4 states that prior to the issuance of a grading permit for projects that have a potential to generate groundborne vibration (e.g., use of pile drivers, rock drills, and pavement breakers) or be exposed to vibration from off -site sources, the City shall require applicants for development projects that would be located adjacent to any developed /occupied sensitive local receptors or for proposed residential projects to submit a construction - related vibration mitigation plan to the City for review and approval. The mitigation plan shall depict the location of the construction equipment and activities and how the vibration from this equipment and activity would be mitigated during construction of the project. Rationale: Groundborne vibration generated by construction projects is usually highest during pile driving, soil compacting, jack- hammering, and demolition - related activities. The effects of groundborne vibration are generally limited to movement of building floors, rattling of windows and objects, and rumbling sounds, resulting in 38 annoyance. In general, groundborne vibration associated with transportation and construction activities attenuates rapidly with distance from the source. Vibration may be noticeable for short periods during construction, but it would be temporary and periodic and would not be excessive; vibration would not be a significant impact. (EIR p. 4.11 -21.) Policy N -2.5 would establish truck routes in accordance with the Circulation and Infrastructure Element and the Arcadia Municipal Code. Compliance with the City's vibration standards would also reduce vibration impacts on adjacent land uses. In addition, MM 4.11 -4 would minimize vibration impacts to on -site land uses to the maximum extent feasible. With mitigation, vibration impacts would be less than significant. (EIR p. 4.11 -21.) 3. Operational Railroad Noise and Impacts to Noise Sensitive Uses (Thresholds 4.11a, b, and c): Implementation of the proposed Project would result in potentially significant railroad noise impacts and impacts to noise sensitive uses. Finding: The Standard Conditions, Project Design Feature, and Mitigation Measures outlined below would reduce to a less than significant level the operational railroad noise impacts and impacts to noise sensitive uses. The Standard Conditions, Project Design Feature, and Mitigation Measures reflect changes or alterations that the City has required, or incorporated into, the Project which would avoid or substantially lessen the potentially significant operational railroad noise impacts and potentially significant impacts to noise sensitive uses identified in the EIR. (State CEQA Guidelines § 15091(a)(1).) Standard Conditions: Standard Condition 4.11 -2 requires future development in the City to comply with exterior noise level standards set forth in the City's Noise Ordinance. Standard Condition 4.11 -3 requires that residential structures be constructed such that interior CNEL with windows closed shall not exceed 45 dBA in any habitable room. Implementation of these Standard Conditions would reduce noise impacts on future developments from train operations. (EIR p. 4.11 -28.) Project Design Feature: Policy N -2.6 calls for the coordination with the LACMTA with regard to design and operation of the Gold Line tracks, crossings, and station area use approaches in order to minimize noise impacts associated with train operations on the community, particularly construction of the Santa Anita Avenue crossing as a grade - separated crossing. Implementation of this Project Design Feature would reduce noise impacts associated with future train operations. (EIR p. 4.11 -28.) Mitigation Measures: Implementation of Mitigation Measures 4.11 -2 and 4.11 -3 in the Mitigation Monitoring and Reporting Program would reduce this impact to a less than significant level. Mitigation Measure 4.11 -2 states that prior to the issuance of discretionary permits for residential development in areas with existing high levels of ambient noise (i.e., along major roadways and the railroad tracks), a detailed acoustical study using architectural plans shall be prepared by a qualified Acoustical Consultant and submitted to the Development Services Department for residential structures. This 39 report shall describe and quantify the noise sources impacting the building(s), the amount of outdoor -to- indoor noise reduction provided in the architectural plans, and any upgrades required to meet the City's interior noise standards (45 CNEL for residences). The measures described in the report shall be incorporated into the architectural plans for the buildings and implemented with building construction. Mitigation Measures 4.11 -3 states that for proposed commercial and industrial land uses that would generate stationary noise near noise sensitive receptors, a detailed noise assessment shall be prepared by a qualified Acoustical Consultant prior to the issuance of building permits. The assessment shall utilize noise data provided by the manufacturer(s) of the equipment utilized by the project or noise measurements from substantially similar equipment to project noise levels at the noise - sensitive uses (on- and off site). Compliance with the City's noise standards for residences shall be demonstrated and any measures required to meet the noise standards shall be described and incorporated into the building plans for the project. These measures may include, but not be limited to, selection of quiet models, construction of barriers, equipment enclosures, and placement of the equipment. Project applicants /developers shall submit evidence to the Director of Planning Development that the following noise reduction measures are stated as requirements on the construction plans and specifications: • Require preparation of a noise analysis for all proposed commercial and industrial projects to be located adjacent to an existing noise - sensitive use, including but not limited to residential areas, schools, and hospitals. • Design the construction of new commercial and industrial uses adjacent to noise - sensitive uses with noise mitigation measures to reduce the noise impacts associated with truck deliveries and stationary equipment, such as pumps, compressors, and air conditioning units. Require that all loading facilities be located and designed to minimize the potential noise impacts to adjacent noise sensitive uses. Rationale: The Metro Light Rail Gold Line (Gold Line Phase II) would be extended from Pasadena to Montclair, into and through Arcadia. Noise associated with this rail transit system would include general rail activities, a public announcement system, and bus /locomotive idling. While noise barriers may exist in some locations in relation to past freight train activities, any future rail activities on the proposed Gold Line extension are expected to cause a significant noise impact to any existing noise - sensitive land uses due to the lack of existing freight train or light rail operations. The Noise Element in the proposed General Plan Update contains goals and policies that would reduce noise impacts in the City. Implementation actions are also included to reduce noise impacts on sensitive receptors and comply with City regulations and noise standards. In addition, implementation of MM 4.11 -2 would reduce the exposure of future noise sensitive uses to train noise. (EIR pp. 4.11 -28 to 29.) 40 Noise impacts associated with bus stops include peak noise levels generated by bus brakes, shifting gears, and engine noise during bus acceleration from the bus stop. Buses are equivalent to heavy trucks in terms of noise generation. Whether conditions or changes in bus service have a detrimental impact depends on the ambient noise level at the particular location. In other words, bus stops located near noise - sensitive uses create greater noise impacts when they occur at minor streets. However, most bus and truck routes within the City are along major roads. For any future developments in the vicinity of the bus routes, a detailed noise impact analysis would be required to accurately assess the potential impacts associated with bus activities (MM 4.11 -2) and to require compliance with the City's exterior and interior noise standards. This would reduce impacts to Tess than significant levels. (EIR p. 4.11 -29.) Noise impacts associated with commercial /industrial areas include, but are not limited to, noise generated by loading dock operations, trucks entering and leaving commercial and industrial districts, and mechanical equipment (such as fans, motors, and compressors) located inside and outside the buildings. The introduction of mixed - uses along residential and commercial corridors can create potential noise impacts to noise - sensitive uses. Potential noise conflicts can occur when noise - sensitive areas are exposed to these noise sources. Compliance with the Noise Ordinance and the City's Noise Standards and MM 4.11 -3 would reduce impacts from stationary sources. (EIR p. 4.11-29.) The largest single source of commercial noise in the City is the Santa Anita Race Track. Noise - sensitive uses that would be developed in the vicinity of the race track should account for these potential impacts in a project specific noise analysis and potential mitigation measures to reduce expected noise impacts (MM 4.11 -2). (EIR p. 4.11 -29.) Implementation of MMs 4.11 -2 and 4.11 -3 requiring preparation of project - specific noise impact analyses and adherence to the required mitigation measures identified in the analyses would reduce impacts to less than significant levels after mitigation. G. Utilities and Utility Systems 1. Water and Wastewater Distribution Infrastructure (Threshold 4.16b): Future development would place greater demands on the existing water and sewer system infrastructure of the City. Finding: The Standard Conditions, Project Design Features, and Mitigation Measure outlined below would reduce to a less than significant level the Project's impacts to water and wastewater distribution infrastructure. The Standard Conditions, Project Design Features, and Mitigation Measures reflect changes or alterations that the City has required, or incorporated into, the Project which would avoid or substantially lessen the potentially significant impacts to water and wastewater distribution infrastructure identified in the EIR. (State CEQA Guidelines § 15091(a)(1).) 41 Standard Conditions: Compliance with the City's standards for water line and wastewater line design and construction (Standard Condition 4.16 -1) would allow the provision of necessary infrastructure improvements to adequately serve future development pursuant to the General Plan Update. (EIR pp. 4.16 -24 to 25.) Implementation of Standard Condition 4.16 -1 would reduce potential impacts from future development to sewer infrastructure improvements to less than significant levels. (EIR p. 4.16 -25.) Project Design Features: Implementation Actions 4 -12 (Coordination with Utility Agencies and City Facilities), 4 -13 (Infrasturcutre Master Plan Updates), 4 -14 (Inspection and Replacement of Sewer Lines), 6 -3 (Conservation Education and Promotion), and 6 -4 (Green Building Initiatives) would further reduce impacts related to sewage generation from future development pursuant to the General Plan Update. Mitigation Measure: Implementation of Mitigation Measure 4.16 -1 in the Mitigation Monitoring and Reporting Program would reduce this impact to a less than significant level. Mitigation Measure 4.16 -1: Prior to approval of development applications that could have an impact on existing water, sewer, or storm drain infrastructure capacities, as determined by the City Engineer, the project applicant/developer shall be required to determine project impacts on each system. If water, sewer, and /or storm drain infrastructure improvements are required in order to serve the proposed project, then appropriate mitigation shall be provided in the analysis and shall be incorporated into site development plans, subject to review and approval by the City Engineer. If infrastructure improvements outside the jurisdiction of the City of Arcadia are required, including improvements to trunk sewer lines owned by the Sanitation Districts of Los Angeles County, the needed improvements, or fair share payments in lieu of infrastructure improvements, shall be completed to the satisfaction of the appropriate jurisdictions. Rationale: Future development pursuant to the proposed General Plan Update would require connections to the existing water and sewer infrastructure systems. Implementation of the Water Master Plan and water system improvement projects set forth in the Plan would resolve existing deficiencies and upgrade the water system to adequately serve the needs of future development. However, the size and timing of future development projects could result in the need for water infrastructure improvements prior to the implementation of Capital Improvement Program projects. Therefore, future development has the potential to result in deficiencies if water system upgrades are not completed prior to new development in areas where potential deficiencies have been identified. (EIR pp. 4.16 -22 to 24.) To avoid the creation or exacerbation of water infrastructure deficiencies, MM 4.16 -1 requires the City to mandate that all future development applications provide an adequate engineering analysis of project- specific impacts to utility infrastructure and identify specific improvements that would eliminate the impacts. In addition, compliance with the City's standards for water line design and construction would allow the provision of necessary infrastructure improvements to adequately serve future development pursuant to the General Plan Update. (EIR p. 4.16 -24.) 42 Also, there are identified deficiencies to the City's sewer infrastructure that are proposed for improvement under the City's Capital Improvement Program. However, the timing of future development could result in the need for infrastructure improvements prior to the implementation of the Capital Improvement Program projects. Additionally, required improvements may include LACSD -owned lines, for which the City has no authority to implement. LACSD has no current deficiencies in the sewage system that services the City. As additional flows are incrementally generated within the City and LACSD trunk lines approach capacity, construction of relief trunk sewers is scheduled, depending on the availability of project funding. Therefore, future development has the potential to result in sewer infrastructure deficiencies if sewer system upgrades are not completed prior to new development in upstream areas where deficiencies have been identified. (EIR p. 4.16 -25.) In order to prevent future development from creating or exacerbating wastewater infrastructure deficiencies, MM 4.16 -1 requires the City to mandate that all future development applications provide an adequate engineering analysis of project- specific impacts to utility infrastructure and identify specific improvements that would eliminate the impacts. In addition, compliance with the City's standards for wastewater line design and construction would require that infrastructure improvements are adequate to serve future development pursuant to the General Plan Update. (EIR p. 4.16 -25.) While the City's sewer system provides wastewater conveyance throughout the City, there are existing septic tanks in Arcadia. These are located at the Santa Anita Park racetrack and other, older developments at the edges of the City. However, septic systems are no longer permissible for new development in the City of Arcadia in accordance with the LARWQCB's Order No. R4 2004 -0146 and the Uniform Plumbing Code. Compliance with existing regulations would prevent septic systems to be constructed when sewer lines are available and would require proper abandonment of existing septic systems. (EIR p. 4.16 -25.) Compliance with existing regulations and implementation of MM 4.16 -1 would reduce impacts to less than significant levels. (EIR p. 4.16 -25.) SECTION IV FINDINGS REGARDING ENVIRONMENTAL IMPACTS NOT FULLY MITIGATED TO A LEVEL OF LESS THAN SIGNIFICANT Notwithstanding the existing regulations, Standard Conditions that the City imposes on development/construction projects within the City, the specific Project Design Features discussed in the EIR for the Project, and the Mitigation Measures set forth in the Mitigation Monitoring and Reporting Program for the Project, the impacts discussed in this Section IV cannot be fully mitigated to a less than significant level. For each impact that is determined to be significant and unavoidable, a Statement of Overriding Considerations has been prepared for that impact and is set forth in Section IX of this Resolution below. 43 A. Air Qualit 1. Air Quality Management Plan Consistency (Threshold 4.3a): Future development under the proposed General Plan Update would not be consistent with the Air Quality Management Plan (AQMP) due to the potential increase in air pollutants in the South Coast Air Basin. Finding: The City Council finds that due to existing exceedances of air quality standards in the South Coast Air Basin, no feasible mitigation is available to reduce this impact to a Tess than significant level and this impact would remain significant and unavoidable. Consequently, a Statement of Overriding Considerations would be necessary should the City Council wish to approve the Project. Rationale: In preparation of the AQMP, the SCAQMD and SCAG relied on population growth projections in the region to forecast, inventory, and allocate regional emissions from land use and development - related sources. According to SCAG projections used in preparation of the AQMP, the population of Arcadia will increase to 63,718 persons in 2030. According to the most recent SCAG projections for the adopted 2008 RTP, the City of Arcadia will have 65,704 residents by 2035. Under the proposed General Plan Update, population within the City could increase to 61,994 persons at buildout. The General Plan Update would not increase population (and thus vehicle miles traveled) beyond that anticipated by SCAG projections. Thus, it would not conflict with the regional SCAG projections. Also, Standard Conditions, Project Design Features, and Mitigation Measures will reduce operational air quality impacts. (EIR pp. 4.3 -18 to 19.) However, the South Coast Air Basin is in nonattainment for 03, NO2, PM10, and PM2.5 standards and Los Angeles County is in nonattainment for Lead standards. Generation of these pollutants from construction activities and use /occupancies of future development in the City would contribute to existing air quality violations. Thus, future development pursuant to the proposed General Plan Update would result in criteria air pollutants and precursors for which the region is in nonattainment. Additional emissions from future development would contribute to existing air quality violations in the South Coast Air Basin, conflicting with SCAQMD air quality planning efforts. (EIR p. 4.3 -19.) 2. Violate Air Quality Standards (Thresholds 4.3b and 4.3c): Future development under the proposed General Plan Update would contribute to existing air quality violations, both from short -term construction and long -term emissions, and cumulatively result in an increase of criteria pollutants for which the South Coast Air Basin is in non - attainment of air quality standards. Finding: The City Council finds that, despite the implementation of all feasible mitigation, this impact remains significant and unavoidable. Consequently, a Statement of Overriding Considerations would be necessary should the City Council wish to approve the Project. 44 Mitigation Measure: Implementation of Mitigation Measures 4.3 -1 in the Mitigation Monitoring and Reporting Program would reduce the significance of this impact but not to a less than significant level. Mitigation Measure 4.3 -1 provides that the City shall require construction projects that are subject to discretionary approval to implement the following measures to reduce exhaust emissions from construction equipment: 1. Commercial electric power shall be provided to the project site in adequate capacity to avoid or minimize the use of portable gas /diesel - powered electric generators and equipment. 2. Where feasible, equipment requiring the use of fossil fuels (e.g., diesel) shall be replaced or substituted with electrically driven equivalents (provided that they are not run via a portable generator set). 3. To the extent feasible, alternative fuels and emission controls shall be used to further reduce exhaust emissions. 4. On -site equipment shall not be left idling when not in use. 5. Staging areas for heavy -duty construction equipment shall be located as far as possible from sensitive receptors. Rationale: Short-term construction emissions and long -term mobile source emissions and area source emissions from future development in the City would generate pollutants that would contribute to existing violations of 03, NO2, PM10, and PM2.5 standards. Compliance with SCAQMD regulations and MM 4.3 -1 would reduce exhaust emissions from construction equipment. The General Plan Update includes goals and policies in the Resource Sustainability Element intended to directly and indirectly reduce the generation of air pollutants from existing and future developments in the City. These include public education and regional coordination efforts as well as trip reduction and energy conservation measures. In addition, numerous goals, policies, and implementation programs intend to reduce per- capita VMT through the implementation of mixed -use development and mass transit, pedestrian, and bicycle system improvements. Future development would also need to comply with the City's Traffic Congestion Management regulations, SCAQMD rules for stationary sources and motor vehicle mitigation, and energy conservation regulations. (EIR pp. 4.3 -19 to 22.) However, the City lies in a nonattainment air basin for ozone, PM10 and PM2.5; and future development associated with General Plan implementation would contribute to the continued nonattainment status (EIR p. 4.3 -22). Impacts would remain significant after mitigation of construction emissions. Reduction in vehicle emissions and stationary sources from City goal, policies, and programs cannot be quantified and would remain significant and unavoidable. 45 3. Impacts of Operational Emissions on Sensitive Receptors (Threshold 4.3d): Future development under the proposed General Plan Update would generate toxic air contaminants, including diesel exhaust, that may affect sensitive receptors. Finding: The City Council finds that, despite the implementation of all feasible mitigation, this impact remains significant and unavoidable. Consequently, a Statement of Overriding Considerations would be necessary should the City Council wish to approve the Project. Mitigation Measures: Implementation of Mitigation Measure 4.3 -1 in the Mitigation Monitoring and Reporting Program would reduce the significance of this impact but not to a less than significant level. Mitigation Measure 4.3 -2 provides that the City shall require future development that is inconsistent with the recommended buffer distances (siting criteria) in CARB's Land Use Handbook to prepare a site - specific health risk assessment to determine impacts to sensitive receptors. In light of the results of the aforementioned analysis, the City shall implement the following measures to minimize exposure of sensitive receptors and sites to health risks related to air pollution: 1. Encourage site plan designs to provide appropriate set -back and /or design features that reduce TACs at the source; 2. Encourage the applicants for sensitive land uses to incorporate design features (e.g., pollution prevention, pollution reduction, barriers, landscaping, ventilation systems, or other measures) in the planning process to minimize the potential impacts to sensitive receptors; and 3. Orient activities involving idling trucks as far away from and downwind of existing or proposed sensitive receptors as feasible. Rationale: Future development pursuant to the proposed General Plan Update could include new or modified sources of TACs that may be located near existing sensitive receptors, and new sensitive receptors could be developed near existing sources of TACs. Emissions of TACs during construction of development envisioned under the General Plan Update (e.g., emissions from heavy -duty diesel equipment) and from operational sources (e.g., emissions from area, stationary and mobile sources) could result in TAC exposure of sensitive receptors. (EIR p. 4.3 -23.) The proposed General Plan Update anticipates construction of Tight industrial and commercial land uses in the City, which may include stationary sources of TACs, such as dry- cleaning establishments, gasoline- dispensing facilities, and diesel - fueled back -up generators and boilers. These types of stationary sources, in addition to any other stationary sources that may emit TACs, would be subject to applicable SCAQMD rules and regulations. Given compliance with applicable rules and regulations, operation of stationary sources would not result in the exposure of sensitive receptors to TACs at levels exceeding SCAQMD's significance thresholds. (EIR p. 4.3 -24.) 46 47 The Land Use Policy Map in the proposed General Plan Update includes a mix of land uses, including commercial, light industrial, manufacturing, and residential uses. While vacant lands and focus areas where future development is anticipated are not located near freeways, they could be located near major roadways in the City. Sensitive receptors could be sited within 500 feet of a major roadway, and risk associated with implementation of the General Plan would exceed CARB's (and subsequently the SCAQMD's) recommendation. Implementation of the General Plan Update could also place commercial /industrial land uses near sensitive receptors. Operational activities that require the use of diesel - fueled vehicles for extended periods, such as commercial trucking facilities or delivery/distribution areas, may expose sensitive receptors to diesel PM emissions on a reoccurring basis. Implementation of MM 4.3 -2 would reduce the exposure of sensitive receptors to on -road mobile source emissions, but not to a less than significant level. The only measure available to completely mitigate this impact would be the complete separation of emission sources (i.e., diesel vehicles associated with commercial trucking activities at commercial and industrial land uses, rail operations, and stationary sources) by over 1,000 feet from all sensitive receptors in the City, which is not feasible. Therefore, no feasible mitigation is available to reduce the impact to a less than significant level. (EIR pp. 4.3 -24 to 26.) Cumulative increases in pollutant emissions from construction and operation of future developments under the General Plan Update would contribute to existing air quality violations and exposure of sensitive receptors to pollutants. (EIR pp. 4.3 -28 to 29.) Impacts would remain significant after mitigation. B. Noise 1. Operational (Long -Term) Traffic Noise (Thresholds 4.11a, 4.11b, and 4.11c): Increases in traffic from future development and future rail operations would expose existing and future developments in the City to high noise levels. Existing noise levels in the City exceed standards and future development would incrementally contribute to this exceedance. Finding: The City Council finds that, despite the implementation of all feasible Project Design Features, this impact remains significant and unavoidable. Consequently, a Statement of Overriding Considerations would be necessary should the City Council wish to approve the Project. Project Design Features: In order to reduce impacts from transportation sources, the General Plan Update contains the following policies: 1. Policy N -2.1: Enforce State Motor Vehicle Code noise standards for cars, trucks, and motorcycles, and coordinate enforcement with the California Highway Patrol and County of Los Angeles Sheriff's Department. 2. Policy N -2.2: Continue to work with and lobby Metro to fund gap closure of the 1 -210 sound walls between Baldwin and Santa Anita Avenues. 3. Policy N -2.3: Consider using roadway sound attenuation techniques for resurfacing projects that use "quiet" pavement or noise - reducing rubberized asphalt. 4. Policy N -2.4: Consider the noise impacts on adjacent residential uses associated with establishing stop signs or other traffic control or traffic calming devices. 5. Policy N -2.5: Enforce truck routes established in the Circulation and Infrastructure Element and the Municipal Code. 6. Policy N -2.6: Work with Metro to provide that the design and operation of the Gold Line tracks, crossings, and station area use approaches that would minimize noise impacts associated with train operations on the community. In particular, construct the Santa Anita Avenue crossing as a grade- separated crossing. Rationale: Mobile sources generate noise impacts in the City and the primary source of noise is vehicular traffic. The comparison of community noise equivalent level (CNEL) at 100 feet of the centerlines of major streets and freeways in the City indicates that the existing baseline noise levels range from 62.0 to 87.3 dBA CNEL at 100 feet from the street centerline, while the Year 2035 conditions show noise levels would range from 62.2 to 87.3 dBA CNEL 100 feet from the street centerlines. In Year 2035, noise levels are projected to increase from baseline conditions by up to 1.5 dBA CNEL. None of the roadway segments would experience a noise increase that exceeds 3.0 dB over existing noise levels. These noise increases would also occur incrementally through time and would not be discernible. However, existing or future sensitive noise receptors along roadways that would have noise levels greater than 65 dBA CNEL would be exposed to noise levels exceeding the City's exterior standards of 65 to 70 dBA CNEL. Depending on the building construction, interior noise levels at these sensitive receptors may also exceed standards. (EIR pp. 4.11 -22 to 27.) A number of goals and policies in the Noise Element address noise control and would reduce noise impacts on existing and future developments. A number of implementation actions are also proposed to reduce noise from transportation sources and impacts on sensitive receptors. However, continued exposure of noise - sensitive receptors to existing high noise levels along major roadways are expected to remain. (EIR pp. 4.11 -27 to 28.) Also, traffic noise impacts of future development pursuant to the proposed General Plan Update on noise - sensitive receptors would be significant due to the contribution of future development to these noise standard violations. (EIR pp. 4.11 -27 to 28.) This impact would be significant and unavoidable. Future development in the City and the surrounding area would generate noise impacts from construction, vehicle trips, and stationary sources. Noise level increases in the region would contribute to existing high noise levels that would impact existing or future sensitive noise receptors along major roadways. Thus, while traffic noise increases would be less than the 3 dBA, existing violations of City noise standards 48 would be exacerbated, and the cumulative off -site traffic noise impacts would be significant. (EIR pp. 4.11 -30 to 31.) C. Transportation 1. Circulation System Performance (Threshold 4.15a): Future development would lead to increases in traffic volumes on City roadways that would exceed City standards along Foothill Boulevard and Santa Anita Avenue. Finding: The City Council finds that, despite the implementation of all feasible Standard Conditions and Project Design Features this impact remains significant and unavoidable. Consequently, a Statement of Overriding Considerations would be necessary should the City Council wish to approve the Project. Standard Conditions: Standard Condition 4.15 -1 requires that future development pay development impact fees under the City's Transportation Impact Fee Program to help fund intersection and roadway improvements in the City. Standard Condition 4.15 -2 requires that future development improve perimeter and on -site roadways in accordance with the City's roadway standards under Arcadia Municipal Code, Article IX, Chapter 1, Parts 1 and 2. Standard Condition 4.15 -6 requires that new non - residential development comply with the City's Traffic Congestion Management regulations, which require non - residential development to provide transportation demand management and trip reduction measures, such as display /kiosk for transportation information, preferential parking space for carpool /vanpool vehicles, bike racks, loading /unloading zones, bus stop improvements, designated pathways, and convenient access for bicyclists. Implementation of these Standard Conditions would contribute to the reduction of impacts to the performance of the circulation system but not to less than significant levels. (EIR p. 4.15 -28.) Project Design Features: Goal CI -1 of the General Plan is to establish an efficient roadway system that serves all of Arcadia, supports all transportation modes, and balances the roadway system with planned land uses. Goal CI -2 is to maximize operational efficiency of the street system. Implementation of these Project Design Features would contribute to the reduction of impacts to the performance of the circulation system but not to less than significant levels. (EIR p. 4.15 -28.) Implementation Actions 2 -5 (Downtown Planning Efforts), 3 -7 (Redevelopment Agency's Five -Year Implementation Plan), 4 -1 (Achieve Consistency in Roadway Rights -of -Way), 4 -2 (Complete Streets), and 4 -13 (Infrastructure Master Plan Updates) would contribute to the reduction of impacts to the performance of the circulation system but not to less than significant levels. (EIR p. 4.15 -28.) Rationale: There are no opportunities to widen Foothill Boulevard and Santa Anita Avenue without obtaining additional right -of -way, which would involve the demolition of adjacent buildings or demolition of existing streetscape and landscaping. Also, these roadways carry regional traffic as well as local Arcadia traffic, so solutions are not entirely within the control of the City of Arcadia. (EIR p. 4.15 -27.) 49 The City's street system is well established, and no new streets or major street widening are planned in the future. However, there are some street enhancements and other circulation system improvements proposed in the General Plan Update. These include street restriping, enhanced intersections and traffic signal system upgrades. (EIR pp. 4.15 -21 to 22.) Future development under the proposed General Plan Update and public and infrastructure projects in the City would generate new vehicle trips that could add to existing traffic volumes on roadways, intersections, and freeways in and near the City. Increases in traffic volumes on City streets were projected to year 2035 at anticipated buildout of the City under the proposed Arcadia General Plan Update. The LOS calculations for the AM peak hour show that the majority of roadway segments in the City are forecasted to continue to operate at LOS D or better in 2035, except for the following segments that would operate at LOS E: • Westbound Foothill Boulevard between Fifth Avenue and Second Avenue; • Westbound Live Oak Avenue between Second Avenue and Santa Anita Avenue; and • Northbound Santa Anita Avenue between Camino Real and Duarte Road. The Foothill Boulevard segment currently operates at LOS E and would continue to operate at LOS E in the future with implementation of the General Plan Update. The Live Oak Avenue segment is located in designated commercial district (Live Oak Avenue), where LOS E is acceptable per Policy CI -1.3. However, the northbound segment of Santa Anita Avenue between Camino Real and Duarte Road would operate at LOS E, exceeding the City standard. Impacts on Foothill Boulevard between Fifth and Second Avenues and Santa Anita Avenue between Camino Real and Duarte Road are considered significant. The LOS calculations for the PM peak hour also show that the majority of roadway segments in the City are forecasted to continue to operate at LOS D or better, except for three segments: • Eastbound Santa Clara Street between Huntington Drive and Santa Anita Avenue; • Northbound HoIIy Avenue between Duarte Road and Huntington Drive; and • Eastbound Foothill Boulevard between Fifth Avenue and Second Avenue. Santa Clara Street is located in a designated commercial district (Downtown), and HoIIy Avenue is located adjacent to the Santa Anita Race Track, where LOS E is acceptable per Policy CI -1.3. Eastbound Foothill Boulevard between Fifth Avenue and Second Avenue would operate at LOS F during the PM peak hour and this is considered a significant traffic impact. This segment of Foothill Boulevard currently operates at LOS F and would continue to operate at LOS F in the future. While no 50 change in LOS would occur, existing operations on this segment of Foothill Boulevard are below City standards, and future development would contribute to future traffic volumes on this roadway segment. It is possible in the longer term that the projected traffic volumes and levels of service may not be reached, in that enhanced intersections may improve the LOS or traffic level increases may be less due to lower increases in regional traffic and /or greater use of transit, walking, and bicycling. Implementation of an advanced traffic control (Implementation Actions 4 -6 and 4 -7) could also increase the roadway capacity and improve the LOS. However, the traffic benefits of these improvements cannot be quantified and impacts are expected to be significant at the following roadway segments: • Northbound Santa Anita Avenue between Camino Real and Duarte Road (LOS E during AM peak hour); • Westbound Foothill Boulevard between Second Avenue and Fifth Avenue (LOS E during AM peak hour); and • Eastbound Foothill Boulevard between Second Avenue and Fifth Avenue (LOS F during PM peak hour). The proposed Circulation and Infrastructure Element in the General Plan Update addresses the transportation needs of the City. Goals, policies and implementation actions in the proposed General Plan would accommodate future transportation demands and provide greater opportunities for the use of alternative transportation. Trip reduction measures that would be implemented by individual developments; individual project traffic impact mitigation; and payment of traffic impact fees would allow for improvements to the City's roadway network. However, traffic impacts would remain significant and unavoidable. (EIR pp. 4.15 -23 to 28.) Future development pursuant to the General Plan Update, public and infrastructure projects, and future growth and development in the rest of the region would increase the number of vehicle trips to, through, and from the City and within the region. Based on regional traffic forecasts, SCAG has identified regional transportation improvements to meet the transportation and circulation needs of the region in its RTP and RTIP. Additional freeway travel lanes, expanded transit services, rapid bus transit expansion, high -speed rail service, dedicated truck lanes, and other projects are planned and accounted for in the travel forecasts. Planned local roadway improvements and implementation of the City's ITS Master Plan has also been incorporated into the model to project future traffic volumes.. Since significant adverse impacts would occur on roadway segments in the City, buildout of the City and projected growth in the region would have cumulative adverse impacts on traffic and street system capacity. Cumulative impacts would be significant and unavoidable. (EIR pp. 4.15 -33 to 34.) 51 D. Greenhouse Gas Emissions (GHG) 1. Conflict with GHG Reduction Plan, Policy or Regulation (Threshold 4.17b): Future development pursuant to the proposed General Plan Update would generate GHG emissions. Finding: The City Council finds that, despite the implementation of all feasible Project Design Features and Mitigation Measures, this impact remains significant and unavoidable. Consequently, a Statement of Overriding Considerations would be necessary should the Agency Board wish to approve the Project. Project Design Features: Policies RS -2.1 through RS -2.3 are intended to further the General Plan Update Goal RS -2 of reducing Arcadia's carbon footprint in compliance with SB 375 and AB 32. Policy RS -2.1 is to cooperate with the state to implement AB 32. Policy RS -2.2 is to reduce per capita greenhouse gas emissions to 15% below 2005 levels by 2020, and total municipal greenhouse gas emissions to 15% below 2005 levels by 2020. Policy RS -2.3 is to participate in regional strategies and plan to implement SB 375, and in particular, use the legislatively authorized incentives to encourage infill and transit - oriented development. (EIR pp. 4.17 -23 to 24.) Policies RS -3.1 through RS -3.3 are intended to further the General Plan Update goal of promoting and utilizing clean forms of transportation to reduce Arcadia's carbon footprint. Policy RS -3.1 is to develop a City fleet that, to the extent feasible, uses clean, alternative fuel and consists of energy- efficient vehicles. Policy RS -3.2 is to incorporate energy- efficient vehicles into the City's transit system. Policy RS -3.3 is to educate residents on methods of sustainable driving techniques such as: reducing excessive speeding, preventing car idling, regular car maintenance for maximizing fuel efficiency, and carpooling. (Draft General Plan page 4.17 -24.) Goal RS -5 is to use wise and creative energy that incorporates new technologies for energy generation and new approaches to energy conservation. To achieve this Goal, the General Plan Update includes Policy RS -5.16, which is to set an example in the design and operation of new civic buildings by implementing LEED or similar building standards. Further, the General Plan Update contains Policy RS -5.17, which is to investigate providing incentives for LEED or equivalent for new and /or retrofitted private commercial and industrial buildings. (Draft General Plan page 4.17 -24.) Goal CI -4 in the Circulation and Infrastructure Element is to provide a connected, balanced, and integrated bicycle and pedestrian network that provides viable alternatives to use of the car. Policy CI -4.1 is to develop and maintain the citywide bicycle network of off- street bike paths, on- street bike lanes, and bike streets. Policy CI -4.2 is to establish bike hubs at key transit and commercial nodes. Policy CI -4.5 is to develop and implement a comprehensive pedestrian circulation plan. Policy 0I -4.13 requires new and major renovations of office, industrial, and institutional developments to provide secure off - street bicycle parking, and encourage such developments to provide bicycle facilities, such as showers and changing rooms. (EIR p. 4.17 -24.) 52 Implementation of the foregoing Project Design Features would contribute to the reduction of greenhouse gas emissions but not to a Tess than significant level. Mitigation Measures: Implementation of Mitigation Measures 4.17 -1 through 4.17 -3 would contribute to the reduction of greenhouse gas emissions impacts and the conflicts with GHG reduction plans but not to a less than significant level. MM 4.17 -1: The City shall actively encourage the development and maintenance of mixed uses, particularly in the Mixed Use and Downtown Mixed Use areas, by maintaining a list of sites available for mixed use and infill development and making the list available to developers. The City shall establish developer incentives to encourage well- designed, mixed use and infill development projects in these areas. MM 4.17 -2: The City shall encourage future development and major renovation projects to achieve LEED certification, and /or other green certifications. The City shall investigate the potential to offer density bonus incentives on residential projects that achieve LEED certification, and other green certifications and ratings. MM 4.17 -3: The City shall consider and evaluate the applicability of the policies contained in the California Attorney General's Sustainability and General Plans: Examples of Policies to Address Climate Change California Attorney General's Office 1/22/10 and the California Air Pollution Control Officers Association's (CAPCOA's) Model Policies for Greenhouse Gas Emissions in General Plans June 2009. Rationale: GHG emissions would result from construction activities associated with long -term implementation of land use policies in the proposed General Plan Update. The primary source of GHG emissions generated by construction activities is from use of diesel - powered construction equipment and other combustion sources (i.e., generators, worker vehicles, materials delivery, and other sources). In general, site preparation including demolition, grading, and excavation represent the construction activities that would result in the highest levels of GHG emissions. GHGs would not only be emitted by on -site construction equipment but also from off -site haul trucks and construction workers traveling to and from the site. (EIR p. 4.17 -21.) With implementation of the proposed General Plan Update, CO2, N2O, and CH4 emissions are expected to increase as a result of future development in the City and a corresponding increase in the number of daily trips and vehicle miles traveled (VMT). The GHG emission analysis conducted for the General Plan Update compared CO2 equivalent GHG emissions between existing conditions and buildout (year 2035), and found that implementation of the proposed General Plan Update would result in a net increase of approximately 553,736.21 MTCO2e /yr at buildout of the City. (EIR p. 4.17- 21.) Since annual GHG emissions under buildout of the City are projected to increase the existing emissions, the proposed General Plan Update would contribute to global warming. By generating increased GHG emissions, future development that occurs in accordance with the proposed General Plan throughout the City of Arcadia would 53 incrementally contribute to the adverse economic, public health, natural resources, and other environmental impacts that are projected to occur in California and throughout the world as a result of global warming. (EIR p. 4.17 -22.) The proposed Land Use Policy Map and goals, policies, and implementation actions that would reduce VMT through the implementation of mixed -use developments and increased development intensity around the Gold Line station, and through Citywide pedestrian and bicycle system improvements would reduce GHG emissions. Goals and policies in the Resource Sustainability Element call for reductions in GHG emissions from future development. Implementation actions in the proposed General Plan Update and existing regulations would also reduce GHG emissions associated with energy and water generation and waste disposal. (EIR p. 4.17 -22.) MMs 4.17 -1 to 4.17 -3 would further reduce the GHG emissions from the City. However, the current state of the science also precludes the quantification of the GHG emission reduction that could occur with the implementation of these mitigation measures. Because a majority of the GHG emissions in the City will originate from mobile sources (i.e., traffic), and most of the measures described are aimed at reducing emissions from non - mobile sources, it is concluded that implementation of the proposed General Plan Update would still result in a net increase in GHG emissions. Therefore, this impact would be significant and unavoidable. (EIR p. 4.17 -23.) The assessment of GHGs is inherently cumulative because global warming is a global phenomenon. Therefore, GHG impacts would also be cumulatively significant. (EIR p. 4.17 -24.) SECTION V FINDINGS REGARDING CUMULATIVE ENVIRONMENTAL IMPACTS Pursuant to section 15130(a) of the State CEQA Guidelines, cumulative impacts of a project shall be discussed when they are "cumulatively considerable," as defined in section 15065(a)(3) of the State CEQA Guidelines. Cumulatively considerable "means that the incremental effects of an individual project are significant when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects." (State CEQA Guidelines § 15065(a)(3).) Section 4.0 of the EIR assesses cumulative impacts for each applicable environmental issue, and does so to a degree that reflects each impact's severity and likelihood of occurrence. The EIR assesses the overall environmental effects of the proposed Project at a program level of detail and the overall cumulative effects of development in accordance with the land use designations in the proposed General Plan Update. Notwithstanding the Standard Conditions that the City imposes on development/construction projects within the City, the specific Project Design Features discussed in the EIR for the Project, the various implementation actions outlined in the General Plan Update, and the Mitigation Measures set forth in the Mitigation Monitoring and Reporting Program for the Project, some of the Project's cumulative impacts discussed in this Section V cannot be fully mitigated to a less than significant level. For 54 each impact that is determined to be significant and unavoidable, a Statement of Overriding Considerations has been prepared for that impact and is set forth in Section IX below. A. Aesthetics 1. Scenic Vistas. Regarding hillside viewsheds, the General Plan Update includes a continuing land use designation of Residential Estate (up to two dwelling units per acre) in the hillside area encompassing the northernmost extent of the City. Although a covenant has been recorded that limits the development in this area, future growth could include construction of homes on a portion of this hillside area. Other hillside developments in adjacent cities would lead to increasing encroachment into the undeveloped hillsides. However, the Angeles National Forest is located north of the City of Arcadia and adjacent cities, which would limit the hillside development that may occur on the mountainsides. Additionally, most hillside communities have stringent development standards for projects in hillside areas. Development performed in compliance with the General Plan Update goals and policies related to hillside development (Goal LU -5 and associated policies), as well as compliance with all Municipal Code requirements (SC 4.1 -1) would reduce cumulative impacts to views of the San Gabriel Mountains to less than significant levels. (EIR pp. 4.1 -15 to 16.) 2. Scenic Highways. No Impact. (EIR p. 4.1 -12.) 3. Visual Character. As such, land use development within the focus areas would lead to visual changes within the City of Arcadia that could be cumulatively considerable when assessed in combination with growth and development in adjacent jurisdictions that would be visible by residents and visitors traveling between Arcadia and surrounding cities. However, this growth and development may not necessarily be considered adverse to the visual character of the area, since the project area is largely developed and limited new development is expected. (EIR p. 4.1 -15.) 4. Light and Glare. Existing sources of light and glare in the City and surrounding area generate ambient lighting levels that define nighttime light intensities. With limited development in the City and the surrounding area, coupled with the City's policies to limit light spillover (SC 4.1 -1), buildout under of the General Plan Update would not incrementally contribute to a significant cumulative impact to light and glare in the region. There would be a less than significant cumulative impact related to light and glare, and no mitigation is required. (EIR p. 4.1 -16.) B. Agriculture and Forest Resources The San Gabriel Mountains and the San Gabriel Valley do not support agricultural uses for commercial production. Thus, future development in the City of Arcadia and in the surrounding cities and unincorporated County areas within the San Gabriel Valley would not lead to a cumulatively considerable conversion of farmland to urban uses. No development is expected to occur in the Angeles National Forest located north of the City and the San Gabriel Valley that is not in compliance with the 55 Forest Plan, since this forest is under the jurisdiction of the USFS and proposed for preservation. No cumulative impacts on farmlands, forest lands, timberland, agricultural operations, crop production, or conflicts with agricultural zones or Williamson Act contracts would occur with the General Plan Update. (EIR pp. 4.2 -4 to 5.) C. Air Qualit 1. Air Quality Management Plan Consistency. While the proposed General Plan Update would not conflict with the assumptions used in the development of the AQMP, emissions from construction and long -term operations of future development in the City could increase the frequency or severity of existing regional air quality violations of ozone, NOx, PM10, and PM2.5 levels or cause /contribute to new violations, resulting in a delay in the timely attainment of air quality standards. Thus, it would not be consistent with the AQMP. As with other developments in the San Gabriel Valley, Los Angeles County and the SoCAB, new development projects would generate emissions that would contribute to existing regional air quality violations. This is a significant cumulative impact. (EIR p. 4.3 -28.) 2. Construction - related (Short-Term) Emissions. Construction activities in the City would contribute to a cumulatively considerable net increase in regional and local emissions of VOC, NOx, PM10, or PM2.5. Also, there could be a direct long -term impact resulting from emissions of VOC, NOx, PM2.5, and PM10 that would exceed the SCAQMD CEQA Significance Thresholds. Implementation of the Standard Conditions and MMs would reduce emissions future development pursuant to the proposed General Plan Update but would still contribute to existing clean air standard violations. Thus, the proposed General Plan Update would result in a cumulatively considerable increase in pollutant levels in the SoCAB when added to other construction emissions in the San Gabriel Valley and the region. No project specific mitigation is feasible to reduce these emissions so as to readily meet clean air standards in the SoCAB. Since impacts from the proposed General Plan Update would be significant and unavoidable, its contribution to a cumulative impact would also be significant and unavoidable. (EIR p. 4.3 -28.) 3. Operational (Long -Term) Emissions. Future development pursuant to the proposed General Plan Update would result in significant and unavoidable long -term regional air quality impacts. Operational emissions attributable to the proposed General Plan Update, along with emissions from other reasonably foreseeable future projects associated with growth and development in the San Gabriel Valley and the SoCAB, would continue to contribute to long -term increases in pollutant emissions that would exacerbate existing and projected nonattainment conditions. Thus, the proposed General Plan Update would have a significant and unavoidable cumulative air quality impact. (EIR p. 4.3 -28.) 4. Sensitive Receptors. Future development pursuant to the proposed General Plan Update would not create CO hotspots but may locate TACs near sensitive receptors. Compliance with Standard Conditions would reduce impacts but exposure to TACs from on -road mobile sources cannot be mitigated and would remain significant. 56 Thus, the proposed General Plan Update would have significant impacts on sensitive receptors, which would be cumulative when considered together with the introduction of new on -road mobile sources from future growth and development throughout the Valley and SoCAB. Thus, the cumulative impacts of the proposed General Plan Update on sensitive receptors in the San Gabriel Valley are considered significant. (EIR p. 4.3 -28 to 4.3-29.) 5. Objectionable Odors. Future development pursuant to the proposed General Plan Update would not create objectionable odors or expose users to objectionable odors with implementation of Standard Conditions 4.3 -2 and 4.16 -5. Thus, the proposed General Plan Update would not contribute to cumulative odor impacts. (EIR p. 4.3 -29.) D. Biological Resources The cumulative impacts on biological resources are evaluated based on the potential impacts of growth and development in the City and in the San Gabriel Valley. Future development pursuant to the General Plan Update could contribute to the cumulative changes in plant and animal habitats in the San Gabriel Valley due to increasing urbanization and population growth in the region. (EIR p. 4.4 -21.) Development on disturbed lands and developed areas, which are likely to support non - native species or disturbed habitats, are less likely to have adverse impacts on sensitive plant and animal species. Development on vacant and undeveloped lands that contain suitable habitat that may support sensitive species would be required to conduct biological surveys for sensitive animal species, including nesting birds, and for sensitive habitat or wildlife corridors. The disturbance or destruction of sensitive or protected species on a site would require a Section 10 or Section 7 consultation and coordination with the USFWS, the CDFG, the RWQCB, and other resource agencies, and would require on -site preservation or off -site mitigation, as stated by existing regulations. (EIR pp. 4.4 -21 to 22.) In addition, sensitive habitats such as wetland areas, streams and channels, and riparian habitats would also need to be preserved through on -site or off -site mitigation. The biological surveys and requisite mitigation would be made in coordination with the CDFG, the USFWS, the USACE, and the RWQCB, as necessary (MM 4.4 -1, Standard Conditions 4.4 -1, and 4.4. -2). Thus, while changes in the biological diversity of the San Gabriel Valley could occur with future growth and development, programs and regulations are in place that would reduce cumulative impacts on sensitive biological resources. (EIR p. 4.3 -22.) Anticipated future development within the City would have a Tess than significant adverse cumulative impact on wildlife movement due to the extent of existing development and resulting restrictions on wildlife movement opportunities. Compliance with the City's Oak Tree Regulations in SC 4.4 -3 would result in anticipated future development within the City to have a less than significant adverse cumulative impact on protected tree resources. (EIR p. 4.3 -22.) 57 There is no adopted habitat conservation plan or natural community conservation plan for the City or surrounding area. Thus, no conflict with a habitat conservation plan or natural community conservation plan is expected with the proposed General Plan Update or with future growth and development in the San Gabriel Valley. (EIR p. 4.3- 22. ) Because potentially significant impacts to biological resources resulting from future development pursuant to the General Plan Update would be less than significant with implementation of the Standard Conditions and relevant goals, policies, and implementation actions in the General Plan Update, future development is are not expected to significantly contribute to cumulative impacts to biological resources. (EIR p. 4.3-22.) E. Cultural Resources Although a project, in conjunction with the effects of past projects, other current projects, and probable future projects, could potentially result in the disturbance of prehistoric archaeological resource sites and paleontological resources throughout the region, the City requires the mitigation of impacts to these resources (i.e., MMs 4.5 -2 through 4.5 -3). Therefore, despite the site- specific nature of the resources, the mitigation identified for use in the event that unknown or undocumented resources were discovered would reduce the potential for cumulative impacts. As a result, anticipated development on a project site would not contribute to a significant cumulative impact. (EIR p. 4.5 -20.) 1. Historical Resources. Development pursuant to the General Plan Update has the potential to disturb or destroy historical resources associated with the City's history and local culture. Historic structures that may be altered or demolished in and near the City would affect the cultural significance of an individual site or the structure, as well as incrementally diminish the City's historical context. Similarly, growth and development in the San Gabriel Valley may involve demolition of older structures that may be important to the valley's history. Implementation of historic preservation ordinances by individual cities would preserve sites and structures of local importance. Compliance with SC 4.5 -1 would lead to assessment of the historical significance of on- site structures and the preservation of significant resources. However, demolition or alterations that do not follow the Secretary of the Interior's Standards would lead to the cumulative loss of historic resources in the Valley. Implementation of MM 4.5 -1 by the City of Arcadia would prevent significant adverse impacts on historical resources in the City and avoid a cumulative contribution to the loss of historical resources. (EIR p. 4.5- 20.) 2. Archaeological Resources. Vacant areas would be subject to grading and excavation as part of future development. While these vacant parcels are found on scattered sites and at the northern end of the City, they may contain archaeological resources that could be damaged by development. Growth and development in the San Gabriel Valley would also lead to new development on vacant and undeveloped lots. Compliance with SC 4.5 -1 would require a pedestrian survey that would be conducted 58 prior to development. This would provide early identification of on -site cultural resources and the preservation of significant resources. However, future development and public and infrastructure projects not subject to CEQA could adversely affect in -situ archaeological resources. Cumulative impacts on archaeological resources may occur. However, implementation of MM 4.5 -2 would prevent significant adverse impacts on archaeological resources in the City and thus, would avoid a cumulative contribution to the Toss of archaeological resources in the Valley. (EIR p. 4.5 -20.) 3. Paleontological Resources. Developments that would disturb native soils or where no previous development has occurred have the potential to disturb or destroy unknown paleontological resources. The extent or significance of these resources cannot be determined until discovery during surveys and evaluation or excavation of native soils. Mitigation on a case -by -case basis would reduce impacts. Implementation of MM 4.5 -3 would prevent significant adverse impacts on paleontological resources in the City and would avoid its cumulative contribution to the loss of paleontological resources in the Valley. (EIR p. 4.5 -20.) 4. Human Remains. Compliance with SC 4.5 -2 related to the disposition of human remains discovered during excavation or grading would prevent significant adverse impacts. Cumulative impacts on human remains would be less than significant. (EIR p. 4.5 -20.) F. Geology and Soils Geology and soils impacts are generally site specific and there is typically little, if any, cumulative relationship between the development of individual projects on separate sites. As such, one development would not alter geologic events or soil features /characteristics (such as groundshaking, seismic intensity, or soil expansion) at another site, nor change geologic conditions or hazards at off -site locations. (EIR p. 4.6-24.) However, geological and seismic conditions are regional in nature and affect large areas, rather than individual parcels. Therefore, future development pursuant to the General Plan Update, as well as development within the San Gabriel Valley, would be subject to geologic hazards including development potentially affected by faults, ground shaking, surface rupture, liquefaction, landslides, subsidence, soil collapse, expansive soils, and other geologic issues. (EIR p. 4.6 -25.) Compliance with applicable State and local regulations would be required of all development within the San Gabriel Valley. Individual projects would be designed and built in accordance with applicable standards in the CBC and the individual building regulations of local jurisdictions, including pertinent seismic design criteria. Site - specific geologic hazards would be addressed by the geotechnical investigation required by individual cities and the County for each development proposal. Geologic investigations would identify the geologic and seismic characteristics on a site and provide guidelines for engineering design and construction to provide for the structural integrity of proposed development. Compliance with applicable State and local regulations and 59 standard engineering practices related to seismic and geologic hazard reductions would prevent significant adverse impacts associated with geologic hazards and impacts associated with the General Plan Update would not be cumulatively considerable. (EIR p. 4.6 -25.) Development projects in the San Gabriel Valley would connect to the public sewer system where available but may utilize septic tanks or alternative wastewater disposal systems in areas without sewer service. Compliance with the Los Angeles RWQCB regulations and the California Plumbing Code would prevent hazards associated with soils incapable of supporting septic systems. Therefore, compliance with applicable State and local regulations and standard engineering practices related to septic hazard reductions would prevent significant adverse impacts. Impacts associated with the General Plan Update would not be cumulatively considerable. (EIR p. 4.6 -25.) G. Hazards and Hazardous Materials The cumulative impacts related to hazards and hazardous materials are analyzed within the San Gabriel Valley (Valley). Existing developments in the Valley pose risks to public health and safety, as they relate to the use, storage, handling, generation, transport, and disposal of hazardous materials. Future development in the City and in the rest of the San Gabriel Valley would increase these risks as more facilities or operations utilize hazardous materials; are located near airports; and are developed in hillside areas with very high fire hazard severity. (EIR p. 4.7 -23.) Existing regulations for a variety of activities and uses relate to the protection of public health and safety at all levels of government. Future development projects in the Valley would also need to be made part of emergency planning efforts for natural or manmade disasters that may occur in the area. Compliance of individual projects with pertinent regulations would preserve public health and safety and would prevent hazards to existing and future developments. Thus, future growth and development in the Valley are not expected to present significant risks to public health and safety. (EIR p. 4.7-23.) Hazardous material explosions or contamination may potentially occur with future commercial and industrial developments that would handle these materials in large quantities. State, federal, regional, and County agencies are responsible for regulating hazardous materials use, storage, handling, generation, transport, and disposal throughout the Valley. Monitoring and enforcement by the Los Angeles County Fire Department, as the CUPA, would monitor compliance with existing regulations. (EIR p. 4.7-23.) Future growth and development would also be subject to review and approval by the Arcadia Fire Department, other jurisdictional fire departments /agencies, and the County Fire Department for fire safety and preparedness, as well as the provision of adequate emergency access and evacuation. Compliance with pertinent requirements of the fire agencies would prevent the creation of fire hazards and would reduce wildland fire hazards. Impacts are expected to be less than significant. (EIR p. 4.7 -23.) 60 Compliance with FAR Part 77 (SC 4.7 -10) and review of development by the ALUC (SC 4.7 -14) would also prevent obstructions to aircraft navigation and would reduce hazards to future growth and development from aircraft operations in and near the San Gabriel Valley. (EIR p. 4.7 -24.) Compliance by individual developments and facilities with existing health and safety regulations outlined in this section would prevent the creation of health risks and public safety hazards. Therefore, no cumulative adverse impacts are expected. (EIR p. 4.7 -24.) H. Hydrology and Water Quality 1. Water Quality. Cumulative hydrology and water impacts are considered in the Los Angeles River Watershed, where the City of Arcadia is located. Future development within the Los Angeles River Watershed, which includes the majority of Los Angeles County, would generate new sources for urban pollutants, which could impact water quality. However, construction activities throughout Los Angeles County are required to conduct all construction activities of one acre or more in compliance with the NPDES Construction General Permit, which would prevent short-term construction activities from resulting in significant water quality impacts. (EIR p. 4.8 -26.) Cities in the County have adopted programs for long -term storm water pollution mitigation through the requirement for SUSMPs for individual developments. WDRs also impose guidelines for individual developments that may lead to discharges into the storm drain system or surface water bodies. These regulations implement the Basin Plan for the Los Angeles region and help meet the established water quality objectives for both groundwater and surface water bodies. (EIR p. 4.8 -26.) Also, the Rio Hondo has a 142 - square -mile watershed and the Los Angeles River has an 824 - square -mile watershed. Runoff originating within the City and its Sphere of influence (12.36 square miles) represents a minor proportion (8.7 percent of the Rio Hondo and 1.5 percent of the Los Angeles River) of the total runoff volume when compared to the water volumes handled by the Rio Hondo and the Los Angeles River. Runoff from future development activity would generate a minor amount of the total runoff from the City. Therefore, no cumulative adverse impacts related to water quality would occur. (EIR p. 4.8 -26.) 2. Groundwater. Increases in the resident population and intensity of development in the watershed would translate to a greater demand for water and increased pumping of the groundwater basins, as well as greater use of imported water sources. Individual developments would coordinate with the water service providers to allow service providers to provide water service in a timely and adequate manner. The Water Service Providers' groundwater supplies are controlled by the Main San Gabriel Basin Watermaster and the Raymond Basin Management Board, who are responsible for monitoring groundwater levels and water quality, including the operating safe yields of the basins and extraction limits and amounts. Continued management of the groundwater basins would prevent overdraft conditions, water quality problems, and 61 other impacts on groundwater resources in the watershed. Therefore, no cumulative adverse impacts related to groundwater recharge or supplies would occur. (EIR pp. 4.8 -26 to 27.) 3. Hydrology. Future growth and development within the watershed would increase impermeable surfaces and decrease water percolation areas. Increase in impervious surfaces would increase storm water volumes and flow rates in local and regional drainage channels. However, all development within Los Angeles County is subject to development in compliance with SUSMP and local municipal code standards for reducing storm drain capacity impacts. Storm drain infrastructure is incrementally improved with project- specific design plans that are subject to the review and approval of local jurisdiction. Project- specific design and utility improvements would prevent negative impacts to regional drainage channel capacity. Therefore, no cumulative adverse impacts related to flood hazards or inadequate storm drainage would occur. (EIR p. 4.8 -27.) 4. Dam and Reservoir Facilities. Several dams at the foothills of the San Gabriel Mountains pose inundation hazards in the event of dam failure. Failure of any dam could affect existing and future developments within identified inundation areas within the watershed. The potential for property damage and personal injury is reduced by the construction of dams in accordance with State and federal dam safety regulations and the preparation of emergency action plans for individual dams, which include warning, evacuation, and post- disaster actions. Cumulative impacts from dam inundation would be less than significant. (EIR p. 4.8 -27.) The hazards associated with a tsunami are confined to the shoreline and coastal areas of Los Angeles County and the General Plan Update would not be exposed or would add to this hazard. Seiche hazards would affect local areas downstream of a water body or reservoir and would not create cumulative impacts. Future development on steep hillside areas within the watershed may be exposed to potential mudflow hazards. The debris basins that have been constructed by the Los Angeles County Department of Public Works at the foothills of the San Gabriel Mountains are expected to reduce storm water flows and debris volumes, preventing mudflow hazards. Therefore, no cumulative adverse impacts related to water retention facilities would occur. (EIR p. 4.8 -27.) I. Land Use and Planning Growth and development in the City of Arcadia and surrounding jurisdictions would be accompanied by changes in existing land uses throughout the San Gabriel Valley and the region. New development on vacant areas and underutilized lots would lead to an intensification of housing development and commercial and industrial land uses, as well as public and institutional uses, throughout the area. (EIR p. 4.9 -27.) SCAG estimates an increase in housing stock of the San Gabriel Valley to 685,034 units and in the County to 4,003,501 units by 2035. In addition, approximately 890,626 jobs in the valley and 5,041,172 jobs countywide would be found within 62 commercial, industrial, public, institutional, and infrastructure development projects by 2035 (SCAG 2008b). (EIR p. 4.9 -27.) Increasing urbanization and development in the valley and the County are indicative of the ongoing growth and development in the City and the region, as urbanization increases and vacant lands are replaced with more urban land uses and as underutilized lots are redeveloped into uses that are more intensive. (EIR p. 4.9 -27.) The General Plan Update would not divide established communities or result in the introduction of incompatible uses in the area, provided compliance with the City's development standards and applicable regulations. New development is generally evaluated for consistency with the local jurisdiction's land use policies, including the General Plan and Zoning Code. (EIR p. 4.9 -27.) Each proposed development project would be subject to the City's jurisdictional development review process and, if discretionary actions are needed, would be subject to evaluation for potential environmental impacts as required by CEQA. This review process would address potential land use compatibility issues and planning policy conflicts. Future growth and development in the City of Arcadia and the surrounding area would proceed in accordance with applicable General Plans and Zoning Ordinances. As part of permit processing, the development plan review processes for new development would analyze a project for conformity to applicable land use plans and policies, and within the context of existing and planned developments relative to the environmental goals, objectives, and policies of the applicable General Plan. Projects requiring General Plan Amendments or Zone ChangesNariances would need to show consistency with the goals of the applicable General Plan and purposes of the Zoning Code, and thus are not expected to lead to land use incompatibilities or conflicts. (EIR p. 4.9 -27.) Planned infrastructure and public facilities would provide the necessary facilities and services to existing and future developments. Thus, these projects would complement the private development projects planned for the Valley. The cumulative land use impacts of growth and development in the San Gabriel Valley would be less than significant. (EIR p. 4.9 -28.) The potential conservation areas are located in the areas designated by the proposed Arcadia Land Use Policy Map as Open Space — Resource Protection or Open Space — Outdoor Recreation areas, where no development would occur. The City also has an Oak Tree Preservation Ordinance. Thus, future development pursuant to the General Plan Update would not contribute to cumulative impacts within and near the potential Oak Woodland conservation areas. There is no HCP or NCCP in or near the City of Arcadia with which future development may conflict and result in cumulative adverse impacts. (EIR p. 4.9 -28.) 63 J. Mineral Resources There would be less than significant impacts to existing areas of the City identified as containing aggregate resources. There are no ongoing mining operations in the City and there would be no changes to land use, policies or procedures that would affect the management of the portion of the Livingston- Graham site within the City of Arcadia. Therefore, implementation of the proposed General Plan Update would not result in cumulative impacts related to the loss of availability of regionally or locally important mineral resource. (EIR p. 4.10 -5.) K. Noise Future development in the City and the surrounding area would add new mobile and stationary noise sources, resulting in increased noise levels. The analysis of buildout of the proposed General Plan Update includes cumulative traffic volumes in the region by 2035. Thus, noise impacts associated with the proposed General Plan Update accounts for cumulative noise impacts, which were determined using the daily 2035 with - project traffic volumes, as calculated in the City of Arcadia General Plan EIR Traffic Study. (EIR p. 4.11 -30.) The results of the short-term noise level measurements are presented in Table 4.11 -6. As shown, the existing ambient Leq noise levels ranged from 51.9 dBA Leq to 69.9 dBA Leq. The highest noise levels were measured in areas adjacent to the 1 -210 Freeway and major City roads such as Foothill Boulevard, Campus Avenue, Duarte Road, Michillinda Avenue, Huntington Drive, Live Oak Avenue, Colorado Street, and Baldwin Avenue. Noise levels in the City currently are illustrated in Tables 4.11 -6 and 4.11 -7. The existing ambient Leq noise levels ranged from 51.9 dBA Leq to 69.9 dBA Leq. The highest noise levels were measured in areas adjacent to the 1 -210 Freeway and major City roads, such as Foothill Boulevard, Campus Avenue, Duarte Road, Michillinda Avenue, Huntington Drive, Live Oak Avenue, Colorado Street, and Baldwin Avenue. (EIR p. 4.11 -30.) Off-site cumulative noise impacts project increases in noise levels over existing conditions with buildout of the City under the proposed General Plan Update and other developments in the San Gabriel Valley subregion. Thus, the analysis of traffic - related noise impacts presented above accounts for cumulative traffic from future growth assumed in the SCAG traffic model, as well as development projects in the City of Arcadia. (EIR p. 4.11 -30.) While none of the roadway segments would experience a noise increase that exceeds 3.0 dB over existing noise levels, the Year 2035 noise levels would range from 62.2 to 87.3 dBA CNEL 100 feet from the street centerline. Thus, any noise level increase would contribute to existing high noise levels that would impact existing or future sensitive noise receptors along major roadways. Thus, while traffic noise increases would be less than the 3 dBA, existing violations of City noise standards would be exacerbated, and the cumulative off -site traffic noise impact would be significant. (EIR pp. 4.11 -30 to 31.) 64 L. Population, Housing, and Employment Increases in the population, housing, and employment base of the San Gabriel Valley are expected over time due to in- migration and birth. Future growth and development in the City of Arcadia and in the San Gabriel Valley would lead to the development of new homes, the creation of new jobs, and the increase in the resident population of the City and the rest of the valley. SCAG estimates there could be as many as 2,338,062 persons, 685,034 households, and 890,626 jobs throughout the San Gabriel Valley subregion by 2035 (SCAG 2008). This would include the City's buildout consisting of 22,535 housing units with 61,995 residents and an employment base of 29,753 jobs. (EIR p. 4.12 -19.) The increase in population itself is not expected to be a significant cumulative adverse impact as long as there is housing that can adequately accommodate the population and there are goods and services available to meet residents' needs. The cumulative increase in population in the San Gabriel Valley would be accompanied by an increase in housing stock as projected by SCAG. Thus, housing would be available for the future population. Whether this housing is adequate will depend on the rate of housing development and the success of housing programs in the various cities and communities in the valley. (EIR p. 4.12 -19.) The RHNA identifies the existing and future housing need for each city and county in the region, and State law requires each city and county to provide adequate sites to accommodate future needs and offer programs to meet existing housing needs. For the 2006 -2014 planning period, the City of Arcadia is expected to provide capacity for 2,149 units to meet its future needs, with the San Gabriel Valley expected to accommodate 42,478 new housing units. Implementation of the programs in the Housing Elements of each city and the County is expected to meet the housing needs of existing and future residents. Regular updates of the Housing Elements of cities and counties (SC 4.12 -4) would identify adequate sites for housing development to meet growth projections. Demand for commercial goods and services are expected to be met by existing businesses and new business ventures that serve the marketplace. This may include businesses not just in Arcadia but in adjacent cities and counties as well. (EIR p. 4.12 -19.) Public service demand by future residents is expected to be met by various public service providers in the San Gabriel Valley, including the City of Arcadia. This is discussed in Section 4.13 of this EIR. Cumulative impacts would be less than significant. (EIR p. 4.12 -19.) Redevelopment projects that occur on developed or underutilized Tots may involve some displacement of local housing stock or population. However, the City's vacant housing stock and the Valley's vacant housing stock are expected to provide sufficient alternative accommodation for displaced households and residents, and significant displacement is not anticipated in the County. Compliance with State regulations regarding fair compensation and relocation assistance for the displacement caused by public and redevelopment projects would reduce cumulative displacement 65 impacts to less than significant levels. No significant cumulative adverse impacts on population, housing, or employment would occur with the General Plan Update and future growth and development in the San Gabriel Valley. (EIR p. 4.12 -19.) M. Public Services Future growth and development within the San Gabriel Valley would generate increased demand for public services from various service agencies. While increases in demand would occur on other public service agencies that do not serve the City, future development pursuant to the General Plan Update would not add to the service demands on those agencies that do not serve the City or its SOI. Thus, the cumulative analysis for public services considers the service area of the respective providers and adjacent service agencies, as they may be affected by services provided in the City. As identified in this section, the proposed General Plan Update would not result in cumulatively considerable impacts related to public services, and no mitigation is required. (EIR p. 4.13 -23.) 1. Fire Protection and Emergency. For fire protection services, the Arcadia Fire Department provides automatic aid to the County of Los Angeles and the Cities of Burbank, Glendale, Pasadena, South Pasadena, Alhambra, Monrovia, Monterey Park, San Gabriel, and San Marino (Verdugo Fire Communications 2009). Mutual aid agreements are in place with the Los Angeles County and Sierra Madre Fire Departments, the U.S. Forest Service, and the Angeles National Forest for fire protection of the hillside and brush areas at the northern end of the City. Thus, future development in the City of Arcadia, Los Angeles County, and the nearby Cities of Burbank, Glendale, Pasadena, South Pasadena, Alhambra, Monrovia, Monterey Park, San Gabriel, San Marino, and Sierra Madre would increase the population and introduce structures that would create a demand for fire protection and emergency services. This cumulative demand for fire protection services would require additional personnel and resources at individual agencies to provide the same level of service and maintain existing response times. (EIR p. 4.13 -24.) Individual developments are required to comply with pertinent provisions of the California Fire Code to prevent the creation of fire hazards, to promote fire safety, and to facilitate emergency response. The individual fire agencies also regularly review their services and the needed increases in staffing, fire stations, and equipment, as necessary, to keep response times acceptable and to adequately serve their service areas. Plan reviews of proposed development projects by the individual fire departments would: (1) prevent the creation of fire safety hazards by development; (2) require fire prevention measures to be incorporated into individual projects; and (3) facilitate fire emergency response by providing adequate access and fire alarm systems. Compliance with these existing regulations would avoid potential significant cumulative adverse impacts on fire protection service levels. (EIR p. 4.13 -24.) 66 2. Police Protection and Law Enforcement Services. For police protection and law enforcement services, the City of Arcadia and 15 cities in the San Gabriel Valley are part of an automatic aid area (Area D) where law enforcement agencies provide as- needed day -to -day support for service calls. Thus, future development in the City of Arcadia and in the cities in the San Gabriel Valley would increase the population and introduce structures that would create a demand for police protection and law enforcement services in the Valley. This cumulative demand for police protection services would require additional personnel and resources at individual agencies to provide the same level of service and maintain existing response times. (EIR p. 4.13 -24.) Annual evaluation of police protection services by the City of Arcadia and the County would determine the adequacy of police protection and law enforcement services and the resources necessary to meet the public safety needs of the individual communities. Individual development projects are also subject to review by the police departments to determine ways to reduce the potential for crime incidence and demand for police protection and law enforcement services. The citywide evaluations and project- specific reviews are expected to reduce demand and provide the necessary police services to the area and prevent any significant cumulative adverse impacts on police protection and law enforcement service levels. (EIR p. 4.13 -24.) 3. School Services. For school services, the cumulative impacts of future residential development pursuant to the General Plan Update would occur within the service boundaries of the school districts that serve the City and its SOI. These include: • Arcadia Unified School District (K -12); • El Monte Union High School District (9 -12); • El Monte City School District (K -8); • Monrovia Unified School District (K -12); • Pasadena Unified School District (K -12); and • Temple City Unified School District (K -12). The increase in housing development in the service areas of these school districts would lead to increases in the student population requiring school services. Future development would have to pay the mandated school impact fees to provide funds for facility and service improvements at the various school districts. Payment of these fees would serve as full mitigation of development impacts, and therefore, there would not be any significant cumulative impacts on school services. (EIR pp. 4.13 -24 to 25.) 4. Library Services. For library services, the cumulative impacts of future development pursuant to the proposed General Plan Update would occur within the service boundaries of the Arcadia Public Library (City of Arcadia) and the County 67 Library System (County of Los Angeles). The increase in the resident populations of the City and of the County would lead to increases in the demand for library services. Additional library materials, space and personnel may be needed at the Arcadia Public Library and at the libraries of the County Library System to adequately serve future cumulative demand. (EIR p. 4.13 -25.) Since the demand for library services that would be generated at buildout of the City would be met by the Arcadia Public Library, future development in the City is not expected to have an adverse impact on County library services. Also, the County charges development fees to fund future library service expansion. Thus, the General Plan Update would not contribute to the cumulative demand for library services in the County. Impacts would be less than significant. (EIR p. 4.13 -25.) 5. Other Public Facilities. Other public facilities required by future development would be confined to City services. Payment of permit processing fees and utility service fees and implementation of relevant goals, policies, and implementation actions in the General Plan Update would prevent the creation of cumulative impacts related to other public facilities. (EIR p. 4.13 -25.) N. Parks and Recreation Future residential development pursuant to the proposed General Plan Update and development projects in areas surrounding the City would contribute to the cumulative need for more recreational open space and park facilities within the City. The analysis of cumulative impacts to parks and recreation considers buildout of the City and growth and development in the San Gabriel Valley through year 2035. (EIR p. 4.14 -13.) Typically, parkland requirements are a function of expected demand and are typically related to the number of residential dwelling units created by projects. Pursuant to Section 66477 of the California Government Code (or Quimby Act), the City of Arcadia requires payment of a Park Facilities Impact Fee for the provision of parks and recreational facilities to new residential developments. Adjacent cities (e.g., Pasadena, Sierra Madre, Temple City, and El Monte) and the County of Los Angeles have also adopted Quimby Act ordinances that require the payment of fees or the dedication of parkland to meet the demand for parks and recreational facilities generated by each residential development. (EIR p. 4.14 -13.) Consistent with these regulations, developers of individual projects would pay park fees, dedicate open space lands for park and recreation development, and /or provide on -site recreational facilities to meet the demand for parks and recreational facilities generated by each development. Thus, residential developments in and around the City of Arcadia would provide parks and recreational facilities to meet their demands. (EIR p. 4.14 -13.) 68 As previously discussed, the construction and operation of new parkland facilities within and adjacent to the City would result in short-term and long -term environmental impacts. Individual park projects would be subject to separate CEQA review once development plans are identified. (EIR p. 4.14 -13.) With implementation of the Standard Conditions discussed in the applicable sections within Section 4.0 of this EIR, as well as the General Plan Update goals and policies, less than significant impacts from the development of future parkland are anticipated. Adjacent jurisdictions have similar requirements and policies. Since individual development projects would mitigate their incremental demand for parks and recreational facilities, no significant cumulative impacts would result from future development pursuant to the proposed General Plan Update. (EIR p. 4.14 -13.) The development of new parks and recreational facilities to meet the demand of future growth and development in the San Gabriel Valley would not result in cumulative environmental impacts. Since the Valley is largely built out, these projects are not expected to represent a significant amount of new development and construction in the Valley. These projects would be subject to separate CEQA review once specific development plans are identified. Since new parks developed under the General Plan Update would have less than significant impacts, the Update's cumulative contribution to impacts related to parks and recreation is also considered less than significant. (EIR p. 4.14 -13.) 0. Transportation Traffic issues are generally regional in nature, with drivers and travelers commuting throughout the Southern California region to places of employment and residence. Thus, cumulative traffic impacts are evaluated based on impacts to the roadway transportation network that serves the region. The SCAG 2008 RTP model used in assessing traffic impacts accounts for background growth in traffic volumes and increases in vehicle trips due to growth and development outside the City. (EIR p. 4.15- 33.) Future development pursuant to the General Plan Update, public and infrastructure projects, and future growth and development in the rest of the region would increase the number of vehicle trips to, through, and from the City and within the region. Traffic congestion is expected to increase on freeways and major roadways if no changes to the existing transportation network are made. Some vehicle trips would be confined to the City (short trips), while other trips would travel outside the City to surrounding cities and urban centers, and would affect the regional transportation system. (EIR p. 4.15 -33.) Based on regional traffic forecasts, SCAG has identified regional transportation improvements to meet the transportation and circulation needs of the region in its RTP and RTIP. Additional freeway travel lanes, expanded transit services, rapid bus transit expansion, high -speed rail service, dedicated truck lanes, and other projects are planned and accounted for in the travel forecasts. Planned local roadway improvements 69 and implementation of the City's ITS Master Plan has also been incorporated into the model to project future traffic volumes. (EIR p. 4.15 -34.) Significant adverse impacts would occur on three roadway segments in the City. Thus, buildout of the City and projected growth in the region would have cumulative adverse impacts on traffic and street system capacity. (EIR p. 4.15 -34.) Implementation of the RTP would mitigate significant adverse impacts on major roadways and freeways in the region. Compliance with pertinent Standard Conditions would prevent adverse impacts on alternative transportation systems and air traffic patterns, and would not create traffic hazards or lead to inadequate parking capacity or emergency access. Impacts would be less than significant. (EIR p. 4.15 -34.) P. Utilities and Service Systems Growth and development within the San Gabriel Valley would generate increased demand for utility services from various service agencies. While increases in utility demands would occur on agencies that do not serve the City, future development pursuant to the proposed General Plan Update and public and infrastructure projects would not add to the service demands of these outside agencies. At the same time, cumulative impacts on regional utility providers would account for growth and development within the larger region, rather than just the San Gabriel Valley. Thus, the cumulative analysis for impacts on utility services considers the service area of the respective providers and adjacent service agencies, as they may be affected by services to be provided within the City and its SOI. (EIR p. 4.16 -35.) 1. Water Supply and Infrastructure. Water services in the City are provided by the City, Sunny Slope Water Company, East Pasadena Water Company, the CAWC, the SGVWC, and the GSWC. Future development pursuant to the General Plan Update and public and infrastructure projects within the service areas of these companies would lead to an increase in demand for water services. Each water company is expected to provide service as projected in their individual UWMPs, which outline the agency's water supplies, projected 20 -year demands, water supplies to meet demands, and programs to reduce water demands during periods of drought. Regular updates of these UWMPs would allow each water agency to effectively plan for future demand and supply availability. (EIR p. 4.16 -36.) Due to decreasing availability of imported water sources and in compliance with SBX7_7, it is anticipated that reductions in water use and greater use of recycled water and alternative sources would occur in the region. Since groundwater pumping in the project area is regulated by the Main San Gabriel Master Watermaster and the Raymond Basin Management Board, no significant adverse impacts on groundwater supplies are expected. This means that alternative water sources would be explored or aggressive water conservation measures implemented to meet future demands. Management of the local groundwater basins and compliance with water conservation measures is expected to prevent any significant cumulative adverse impacts related to water services. (EIR p. 4.16 -36.) 70 2. Wastewater Treatment and Infrastructure. Cumulative impacts on sewer services would occur within the service area of the LACSD, which serves the City. Future growth and development in the region would generate additional sewage and wastewater that would require treatment at the WRPs of the LACSD. The LACSD has indicated that the design capacities of their treatment facilities are based on the regional growth forecasts of the Southern California Association of Governments (SCAG). Expansion of LACSD facilities must be sized and service phased consistent with the forecasts for the Counties of Los Angeles, Orange, San Bernardino, Riverside, Ventura, and Imperial. Thus, available capacity in the LACSD facilities will be limited to levels associated with growth identified by SCAG. The LACSD has indicated they will provide services to the levels legally permitted and constrained by the SCAG forecasts (LACSD 2009). Thus, future growth and development in the region, as anticipated by SCAG projections, can be served by the LACSD. Additionally, as discussed in Section 4.12, Population and Housing, the buildout of the General Plan Update would not conflict with SCAG growth projections. No significant cumulative adverse impacts on sewer services are expected. (EIR p. 4.16 -36.) 3. Solid Waste. Solid waste collection services are provided on demand by private haulers, and cumulative impacts on their services from future development pursuant to the General Plan Update, public and infrastructure projects in the City, and growth and development within the San Gabriel Valley are not expected to result in adverse impacts on solid waste collection services. Available landfill capacity is expected to decrease over time with future growth and development in the San Gabriel Valley. Waste reduction and recycling programs and regulations are expected to reduce this demand and extend the life of existing landfills. (EIR p. 4.16 -36.) As discussed earlier, the LACSD has indicated that they are pursuing additional landfill capacity for the County through the use of a waste -by -rail system. This system is expected to begin operations by 2011/2012, with the Puente Hills Intermodal Facility in the City of Industry to be used for loading and unloading of rail -ready containers for the transport of wastes to the Mesquite Regional Landfill in Imperial County (LACSD 2009a). The Mesquite Regional Landfill is estimated to provide approximately 100 years of disposal capacity (LACSD 2007). Thus, cumulative impacts on solid waste disposal facilities are expected to be less than significant. (EIR pp. 4.16 -36 to 37.) 4. Electricity, Natural Gas, and Communication Infrastructure. SCE, Sempra Utilities, AT &T, Time Warner, and Champion Broadband are private companies that provide services on demand. Thus, no significant cumulative adverse impacts on their services are expected. Service connections to existing facilities would need to be coordinated with individual utility agencies. Additionally, all projects are required to comply with State and local regulations related to energy conservation. The General Plan Update also contains goals and policies that promote energy conservation. Thus, no significant cumulative adverse impacts related to electrical power, natural gas, or telecommunications systems would occur. (EIR p. 4.16 -37.) 71 Q. Greenhouse Gas Emissions The assessment of GHGs is inherently cumulative because global warming is a global phenomenon. Therefore, the analysis of GHG Emissions above in Section IV of this Resolution describes the cumulative impact of the proposed General Plan Update. Impacts would be cumulatively significant. (EIR p. 4.17 -24.) SECTION VI FINDINGS REGARDING SIGNIFICANT IRREVERSIBLE ENVIRONMENTAL CHANGES Future development that would be allowed by the General Plan Update and public and infrastructure projects in the City would require the Tong -term commitment of natural resources. Implementation of the project would require the long -term commitment of natural resources and land. Development over time would result in the commitment of land resources for residential, commercial, mixed -use, office, industrial, and transportation uses, as well as new and upgraded utilities. (EIR p. 6 -1.) Over the long term, new development would require the commitment and reduction of nonrenewable and slowly renewable resources, including petroleum fuels and natural gas (for vehicle emissions, construction, lighting, heating, and cooling of structures) and lumber, sand /gravel, steel, copper, lead, and other metals (for use in building construction, roadways, and infrastructure). Other resources that are slow to renew and /or recover from environmental stressors would also be impacted by long- term implementation of the General Plan (e.g., air quality through the combustion of fossil fuels and production of greenhouse gases, and water supply through the increased potable water demands for drinking, cooking, cleaning, landscaping, and general maintenance needs). (EIR p. 6 -2.) SECTION VII FINDINGS REGARDING GROWTH - INDUCING IMPACTS Pursuant to Sections 15126(d) and 15126.2(d) of the CEQA Guidelines, this section is provided to examine ways in which the proposed 2010 General Plan Update could foster economic or population growth or the construction of additional development, either directly or indirectly, in the surrounding environment. To address this issue, potential growth- inducing effects are examined through analysis of the following questions: 1. Would this project remove obstacles to growth (e.g., through the construction or extension of major infrastructure facilities that do not presently exist in the project area or through changes in existing regulations pertaining to land development)? 2. Would this project result in the need to expand one or more public services to maintain desired levels of service? 72 3. Would this project encourage or facilitate economic effects that could result in other activities that could significantly affect the environment? 4. Would approval of this project involve some precedent- setting action that could encourage and facilitate other activities that could significantly affect the environment? It should be noted that growth- inducing effects are not necessarily beneficial, detrimental, or of little significance to the environment. This issue is presented to provide additional information on ways in which this Project could contribute to significant changes in the environment beyond the direct consequences of implementing the proposed 2010 General Plan Update. 1. Would the project remove obstacles to growth (e.g., through the construction or extension of major infrastructure facilities that do not presently exist in the project area, or through changes in existing regulations pertaining to land development)? The proposed 2010 General Plan Update would involve buildout of the City of Arcadia. Since the City is largely developed with urban and suburban land uses, the roadway and utility infrastructure systems are largely in place and would not require extension to serve future development pursuant to the 2010 General Plan Update. Extension of sewer lines would provide sewer service to future development at the northern end of the City. However, this extension would not serve other nearby areas that may be induced to develop. No growth- inducing impact related to the extension of infrastructure is expected with the 2010 General Plan Update. (EIR p. 6 -2.) The Land Use Policy Map that is proposed as part of the 2010 General Plan Update includes changes in existing land use designations within several areas of the City, with the broad goal of promoting investment in these areas. However, the majority of existing land uses in the City would be preserved, and no new development is expected in these other areas. Instead, the proposed General Plan Update seeks to induce growth in the City by encouraging future development within focus areas deemed appropriate for additional density. As summarized above, significant adverse impacts would be avoided or reduced through compliance with the existing regulations, Standard Conditions, Project Design Features, and Mitigation Measures. Significant unavoidable adverse impacts would remain on Air Quality, Noise, Traffic, and Greenhouse Gas Emissions. (EIR p. 6 -2 to 6 -3.) The 2010 General Plan Update does not propose any changes to existing land use designations within the Sphere of Influence (SOI); however, the existing designations could eventually lead to the redevelopment of some areas to different land uses or higher densities. The General Plan Update does not change the development potential of its SOI. Additionally, no change in development potential is proposed at the northern end of the City, Santa Anita Park, Westfield Regional Mall, and the majority of the City's residential neighborhoods. The General Plan Update is not expected to 73 induce development in areas outside the City and its SOI since the City, through the Arcadia General Plan, has no jurisdiction over these adjacent areas. For these reasons, the City Council hereby finds that amount and type of future growth that would occur under the proposed General Plan Update would not be significant. All future development pursuant to the General Plan Update would be required to undergo environmental review pursuant to CEQA. Subsequent environmental review would further refine the analysis of potential environmental impacts and mitigation measures needed for individual developments. (EIR p. 6 -5.) 2. Would the project result in the need to expand one or more public services to maintain desired levels of service? Increased demand for public services would occur with future development pursuant to the General Plan Update. The Arcadia Fire Department has indicated that new personnel are needed to serve demand for fire protection services at buildout of the City. The Arcadia Police Department has indicated that additional sworn and non -sworn officers are needed to serve future development. The General Plan Update includes implementation actions to review fire and police protection services regularly and the development of a Multi- Department Training Facility for the needs of the Fire, Police, and Public Works Departments. (EIR p. 6 -3.) The AUSD has indicated that it will need to prepare a detailed analysis for school facility needs as development occurs in the City. The Arcadia Library has indicated that as the City approaches buildout, they expect that a close examination of library space with regard to service delivery methods would need to be undertaken. Demand for parks would be met by park development with future residential development and City projects to meet existing demands. The impacts of public and infrastructure projects that would be needed to serve the City at buildout are analyzed in this EIR. (EIR p. 6 -3.) Since no specific development project would accompany the General Plan Update, and future development would occur according to property owner discretion, increased demand for public services would not immediately require expansion of existing service levels. The General Plan Update contains goals and policies that call for the provision of adequate public services to existing and future developments in the City. It also includes implementation actions to reduce demand for public services. Thus, City services would serve demand, rather than induce growth. (EIR p. 6 -3.) Future needs to expand public services through additional equipment and personnel would not have a direct environmental impact. No new fire stations, police stations, schools, libraries, or other public facilities are proposed as part of the General Plan Update. However, a Multi- Department Training Facility is proposed, which has been considered as a public project in the City that is analyzed in this EIR. Thus, the City Council hereby finds that the General Plan Update would not have significant growth- inducing consequences with respect to public services. (EIR pp. 6 -3 to 4.) 74 3. Would the project encourage or facilitate economic effects that could result in other activities that could significantly affect the environment? The General Plan Update includes an Economic Development Element that seeks to maintain the economic stability of the City through the retention of existing businesses; attraction of businesses and economic opportunities; revitalization of downtown; and recycling of existing uses within specific areas of the City. The goals and policies of this Element will not directly result in economic effects or lead to economic activities that may affect the environment. Rather, it is through future development under the General Plan Update that the goals of the Economic Development Element for Downtown revitalization, redevelopment, business retention, and new business development would be realized. The policies would serve as guidance in the City's decision - making process and daily operations, but would not include activities that may significantly affect the environment. The implementation actions related to Economic Development are City- sponsored activities to attract businesses, explore the creation of a Downtown business improvement district, update the economic analyses, hold marketing events, coordinate with the development community, and partner with stakeholders that would not have any direct environmental impacts. The impacts of redevelopment activities are addressed as part of public and infrastructure projects in the City. (EIR p. 6 -4.) The indirect effects associated with future development include the creation of short-term construction jobs and long -term jobs and the increase in the resident population of the City. These would generate additional demands for commercial goods and services in the project area, which would present business opportunities for new shopping, entertainment, employment, home improvement, maintenance, and other non - residential developments. This would, in turn, encourage new businesses and /or the expansion of existing businesses that address these economic needs. The proposed Land Use Policy Map in the General Plan Update would accommodate commercial and industrial developments to meet this demand. The analysis in this EIR includes the potential environmental impacts of non - residential development that may occur under the proposed Land Use Policy Map. (EIR p. 6 -4.) Existing and future commercial and industrial uses near the City are also expected to meet the demand for goods and services generated by future residents and employees in the City. These developments would be subject to review and approval by the city or county with jurisdiction over the site, and would include the necessary environmental clearance in accordance with the CEQA. Environmental review for individual projects would avoid or reduce potentially significant adverse impacts that may occur, in accordance with CEQA. Public utility and service providers would also need to determine if the additional growth associated with individual projects can be accommodated by existing or planned infrastructure improvements and public services and utility agencies' capabilities to provide services. This review and approval of individual developments by public agencies and service providers would allow the provision of adequate services and infrastructure to serve future developments and that no land use conflicts are created. Mitigation measures, Standard Conditions, and 75 conditions of approval imposed on development projects in the area are expected to avoid or reduce environmental impacts, which may be indirectly attributed to the General Plan Update or future development pursuant to the General Plan Update and public and infrastructure projects in the City. Thus, the City Council hereby finds that growth- inducing impacts of the General Plan Update are not expected to result in significant adverse effects on the environment. (EIR p. 6 -4.) 4. Would approval of the project involve some precedent - setting action that could encourage and facilitate other activities that could significantly affect the environment? The proposed Land Use Policy Map includes changes in existing land use designations within focus areas of the City, promoting the transition of these areas to higher density residential uses and /or mixed -use developments. Thus, the proposed General Plan Update seeks to induce growth by encouraging new development within specific areas deemed appropriate for more diverse and /or dense development. (EIR p. 6-5.) Changes to the City's Zoning Regulations are proposed to accommodate the development allowed under the proposed Land Use Policy Map through consistent land use and zoning designations. However, like the General Plan Update, the change would not be accompanied by a specific development proposal or construction activity that may result in environmental impacts. (EIR p. 6 -5.) While a number of policies in the General Plan Update call for revisions or additional regulations, these regulations are expected to reduce the environmental impacts of future development or to meet the demands and needs for adequate housing, infrastructure, and public services at buildout of the City. Mitigation measures have been identified in Section IV above to provide for the impacts of future development pursuant to the General Plan Update and public and infrastructure projects in the City to be reduced or avoided after compliance with the standard conditions. (EIR p. 6 -5.) The environmental impacts of future development pursuant to the General Plan Update have been analyzed in this EIR, but individual projects would be required to undergo environmental review pursuant to CEQA. Therefore, although the General Plan Update may have growth- inducing impacts, the City Council hereby finds that the Standard Conditions, Project Design Features, and Mitigation Measures that have been included in this EIR to reduce environmental impacts to less than significant levels. Also, subsequent environmental review would further refine the analysis of potential environmental impacts and mitigation measures needed for individual developments and prevent significant adverse impacts on the environment from future development and public infrastructure projects. (EIR p. 6 -5.) 76 A. Background SECTION VIII FINDINGS REGARDING PROJECT ALTERNATIVES Section 15126.6 of the State CEQA Guidelines requires EIRs to consider and discuss alternatives to the proposed actions. Subsection (a) states: (a) An EIR shall describe a range of reasonable alternatives to the project, or to the location of the project, which would feasibly attain most of the basic objectives of the project but would avoid or substantially lessen any of the significant effects of the project, and evaluate the comparative merits of the alternatives. An EIR need not consider every conceivable alternative to a project. Rather it must consider a reasonable range of potentially feasible alternatives that will foster informed decision - making and public participation. An EIR is not required to consider alternatives which are infeasible. The lead agency is responsible for selecting a range of project alternatives for examination and must publicly disclose its reasoning for selecting those alternatives. There is no ironclad rule governing the nature or scope of the alternatives to be discussed other than the rule of reason. Subsection 15126.6(b) states the purpose of the alternatives analysis: (b) Because an EIR must identify ways to mitigate or avoid the significant effects that a project may have on the environment (Public Resources Code Section 21002.1), the discussion of alternatives shall focus on alternatives to the project or its location which are capable of avoiding or substantially lessening any significant effects of the project, even if these alternatives would impede to some degree the attainment of the project objectives, or would be more costly. In Subsection 15126.6(c), the State CEQA Guidelines describe the selection process for a range of reasonable alternatives: (c) The range of potential alternatives to the proposed project shall include those that could feasibly accomplish most of the basic objectives of the project and could avoid or substantially lessen one or more of the significant effects. The EIR should briefly describe the rationale for selecting the alternatives to be discussed. The EIR should also identify any alternatives that were considered by the lead agency but were rejected as infeasible during the scoping process and briefly explain the reasons underlying the lead agency's determination. Additional information explaining the choice of alternatives may be included in the administrative record. Among the 77 factors that may be used to eliminate alternatives from detailed consideration in an EIR are:(i) failure to meet most of the basic Project objectives, (ii) infeasibility, or (iii) inability to avoid significant environmental impacts. The range of alternatives required is governed by a "rule of reason" that requires the EIR to set forth only those alternatives necessary to permit a reasoned choice. The EIR shall include sufficient information about each alternative to allow meaningful evaluation, analysis, and comparison with the proposed Project. Alternatives are limited to ones that would avoid or substantially lessen any of the significant effects of the Project. Of those alternatives, the EIR need examine in detail only the ones that the lead agency determines could feasibly attain most of the basic objectives of the Project. However, when significant impacts can be mitigated by the adoption of mitigation measures, the lead agency has no obligation to consider the feasibility of alternatives with respect to that impact in its findings, even if the alternative would mitigate the impact to a greater degree than the proposed project. (Pub. Resources Code, § 21002; Kings County Farm Bureau v. City of Hanford (1990) 221 Cal.App.3d 692, 730 -731; Laurel Heights Improvement Association v. Regents of the University of California (1988) 47 Ca1.3d 376, 400 -403; Laurel Hills Homeowners Association v. City Council (1978) 83 Cal.App.3d 515, 521.) The City has adopted mitigation measures to avoid or substantially lessen the potentially significant environmental impacts identified in the EIR. However, impacts on Air Quality, Noise, Transportation and GHG Emissions would remain significant. The proposed General Plan Update seeks to achieve the following key objectives, which are based on the City's Guiding Principles for future decision - making: • To establish a balance and mix of land uses that promote economic growth and maintain a high quality of life for Arcadia residents. (EIR p. 3 -32.) • To promote a balanced, integrated, multi -modal circulation system, which includes streets, sidewalks, bikeways, and trails, that is efficient and safe and that connects neighborhoods to jobs, shopping, services, parks, and open space areas. (EIR p. 3 -32.) • To preserve the City's identity as a "Community of Homes" by protecting and preserving the character and quality of its neighborhoods by requiring harmonious design, careful planning, and the integration of sustainable principles. (EIR p. 3 -32.) • To maintain a commitment to working with the school district to achieve mutually beneficial goals. (EIR p. 3 -32.) • To embrace and celebrate the cultural diversity of Arcadia through the promotion of activities and programs that strengthen the community bonds. (EIR p. 3 -32.) 78 • To affirm the City's commitment to environmental sustainability by taking actions that work toward achieving regional environmental quality goals, providing local government support, encouraging partnerships, and fostering innovation in sustainable principles. (EIR p. 3 -32.) • To provide high - quality services that generate a source of civic pride and bring the community together. (EIR p. 3 -32.) • To encourage the retention, rehabilitation, and development of diverse housing that meets people's needs in all stages of their lives. (EIR p. 3 -32.) • To promote a healthy economy with a diversified employment and fiscal base that is accessible to local residents and responsive to local needs, while providing a balance of regional serving businesses that attract additional regional income. (EIR p. 3 -32.) • To maintain and enhance special places and features that contribute to the City's character, such as Santa Anita Park, the Los Angeles County Arboretum and Botanical Garden, a vibrant Downtown, the urban forest, attractive streetscapes, diverse parks, historic buildings and places, and nearby mountain views. (EIR p. 3 -32.) There are two types of alternatives evaluated in the EIR. First are the alternatives that were considered but were rejected from further consideration. Reasons for elimination included failure to meet basic project objectives, infeasibility, or inability to avoid significant environmental impacts. (State CEQA Guidelines § 15126.6(c).) Those alternatives were: • Alternative Site • Expanded Mixed Use Land Use Plan • Reduced Residential Density Alternative (EIR pp. 5 -3 to 4.) Second are the alternatives that were considered in detail. Those alternatives are: • Alternative 1: No Project/No Development • Alternative 2: No Project/Existing General Plan • Alternative 3: Reduced Commercial Alternative • Alternative 4: Expanded Downtown Focus Area (EIR p. 5 -3.) A complete discussion for alternatives that were considered in detail is provided below. B. Alternatives Considered but Rejected from Further Consideration In determining an appropriate range of alternatives to be evaluated in the EIR, a number of possible alternatives were initially considered and rejected. Alternatives 79 were rejected because either they could not accomplish most of the basic objectives of the Project, would not have resulted in a reduction of potentially significant impacts, or were considered infeasible. The specific reason for not selecting each of the rejected alternatives are described below. 1. Alternative Site Alternative Site. The State CEQA Guidelines require consideration of an alternative that examines the proposed Project on a different site. (State CEQA Guidelines section 15126.6(f)(2)(A); EIR p. 5 -3.) Finding. For the reasons set forth below in the Supporting Explanation, the City Council rejects the Alternative Site Alternative because (1) it is infeasible and (2) because the Alternative Site Alternative does not meet most of the Project objectives. Each of the stated grounds for rejecting the Alternative Site Alternative is independently sufficient to justify rejection of this alternative. Consequently, the City Council finds that it was not required to analyze the Alternative site Alternative in further detail in the EIR. (EIR pp. 5 -3 to 4.) Supporting Explanation. In the case of the proposed Project, moving the Project to an alternative site is not feasible because the General Plan Update is a comprehensive update of the entire plan for the entire City. Because the goals, policies and implementation actions, as well as the Land Use Policy Map, Roadway Plan, and other plans in the proposed General Plan Update, are specific to and encompass the entirety of the City of Arcadia and its Sphere of Influence, an alternative site where the City has no jurisdiction is not feasible. Therefore, further analysis of an alternative site in this EIR is not required. (EIR pp. 5 -3 to 4.) Siting the Project at an alternative site would be inconsistent with all of the Project objectives, which seek to enhance the City's planning vision: • To establish a balance and mix of land uses that promote economic growth and maintain a high quality of life for Arcadia residents. (EIR p. 3 -32.) • To promote a balanced, integrated, multi -modal circulation system, which includes streets, sidewalks, bikeways, and trails, that is efficient and safe and that connects neighborhoods to jobs, shopping, services, parks, and open space areas. (EIR p. 3 -32.) • To preserve the City's identity as a "Community of Homes" by protecting and preserving the character and quality of its neighborhoods by requiring harmonious design, careful planning, and the integration of sustainable principles. (EIR p. 3 -32.) • To maintain a commitment to working with the school district to achieve mutually beneficial goals. (EIR p. 3 -32.) 80 • To embrace and celebrate the cultural diversity of Arcadia through the promotion of activities and programs that strengthen the community bonds. (EIR p. 3 -32.) • To affirm the City's commitment to environmental sustainability by taking actions that work toward achieving regional environmental quality goals, providing local government support, encouraging partnerships, and fostering innovation in sustainable principles. (EIR p. 3 -32.) • To provide high - quality services that generate a source of civic pride and bring the community together. (EIR p. 3 -32.) • To encourage the retention, rehabilitation, and development of diverse housing that meets people's needs in all stages of their lives. (EIR p. 3 -32.) • To promote a healthy economy with a diversified employment and fiscal base that is accessible to local residents and responsive to local needs, while providing a balance of regional serving businesses that attract additional regional income. (EIR p. 3 -32.) • To maintain and enhance special places and features that contribute to the City's character, such as Santa Anita Park, the Los Angeles County Arboretum and Botanical Garden, a vibrant Downtown, the urban forest, attractive streetscapes, diverse parks, historic buildings and places, and nearby mountain views. (EIR p. 3 -32.) The basic purpose of the Project is to update the City's General Plan, which covers the entire City. Consideration of the General Plan Update in a different jurisdiction or only in some portions of the City would not address the City's desire to update it's vision for the new planning horizon. Therefore, an the Alternative Site Alternative was rejected from further consideration. (EIR p. 5 -3 to 5 -4.) 2. Expanded Mixed Use Land Use Plan Expanded Mixed Use Land Use Plan. This alternative included ten focus areas where future development would be separated into Mixed Use, Commercial, and Public designations with three designations for each land use; increases in allowable density for High Density Residential areas; expanded Mixed Use areas; and redesignation of Commercial /Industrial areas. (EIR p. 5 -4.) Finding. For the reasons set forth below in the Supporting Explanation, the City Council rejects the Expanded Mixed Use Land Use Plan because (1) it is infeasible and (2) because the Expanded Mixed Use Land Use Plan does not meet most of the Project objectives. Each of the stated grounds for rejecting the Expanded Mixed Use Land Use Plan Alternative is independently sufficient to justify rejection of this alternative. Consequently, the City Council finds that it was not required to analyze the Expanded Mixed Use Land Use Plan Alternative in further detail in the EIR. (EIR p. 5 -4.) 81 Supporting Explanation. Implementation of the Expanded Mixed Use Land Use Plan would be infeasible because this alternative is too aggressive and results in greater environmental impacts than the proposed Project. The Planning Commission and City Council considered this Expanded Mixed Use Land Use Plan Alternative and found that it would result in greater environmental impacts than the proposed Land Use Policy Map presented in the proposed General Plan Update. (EIR p. 5 -4.) The following Project objectives would not be achieved under the Expanded Mixed Use Land Use Plan: • To establish a balance and mix of land uses that promote economic growth and maintain a high quality of life for Arcadia residents. (EIR p. 3 -32.) • To preserve the City's identity as a "Community of Homes" by protecting and preserving the character and quality of its neighborhoods by requiring harmonious design, careful planning, and the integration of sustainable principles. (EIR p. 3 -32.) • To affirm the City's commitment to environmental sustainability by taking actions that work toward achieving regional environmental quality goals, providing local government support, encouraging partnerships, and fostering innovation in sustainable principles. (EIR p. 3 -32.) • To provide high - quality services that generate a source of civic pride and bring the community together. (EIR p. 3 -32.) • To encourage the retention, rehabilitation, and development of diverse housing that meets people's needs in all stages of their lives. (EIR p. 3 -32.) Therefore, an the Alternative Site Alternative was rejected from further consideration. 3. Reduced Residential Density Alternative Reduced Residential Density Alternative. This alternative considers a reduction in the maximum residential density that would be allowed in the Downtown Mixed Use area and the Mised Use areas along Live Oak Avenue and First Avenue. (EIR p. 5 -4.) Finding. For the reasons set forth below in the Supporting Explanation, the City Council rejects the Reduced Residential Density Alternative because (1) it is infeasible and (2) because the Reduced Residential Density Alternative does not meet most of the Project objectives. Each of the stated grounds for rejecting the Reduced Residential Density Alternative is independently sufficient to justify rejection of this alternative. Consequently, the City Council finds that it was not required to analyze the Reduced Residential Density Alternative in further detail in the EIR. (EIR p. 5 -4.) Supporting Explanation. Implementation of the Reduced Residential Density Alternative would be infeasible because it would prohibit the City from meeting its future 82 housing needs under the Regional Housing Needs Assessment. A General Plan that could not accommodate the future housing needs of the City would not meet State requirements, would result in reduced housing opportunities, and would not meet the housing goals of the City as contained in the proposed Housing Element. In addition, this alternative would effectively reduce the buildout capacity of the City in terms of housing stock and residential population. (EIR p. 5 -4.) Moreover, the following Project objectives would not be achieved under the Reduced Residential Density Alternative: • To preserve the City's identity as a "Community of Homes" by protecting and preserving the character and quality of its neighborhoods by requiring harmonious design, careful planning, and the integration of sustainable principles. (EIR p. 3 -32.) • To encourage the retention, rehabilitation, and development of diverse housing that meets people's needs in all stages of their lives. (EIR p. 3 -32.) Therefore, this alternative was rejected from further consideration. (EIR p. 5 -4.) C. Alternatives Considered in Detail in the EIR The following Project Alternatives were considered in detail in the EIR. These alternatives are rejected for various reasons as set forth below. 1. Alternative 1: No Project/No Development No Project/No Development Alternative. This alternative assumes that no development would occur in the City and existing land uses and environmental conditions would remain as is indefinitely. This assumes that the city would not allow any new development project in the City of Arcadia, except for the replacement of existing land uses with the same type and size of land uses. Under this alternative, vacant lands will remain undeveloped. (EIR p. 5 -5.) Finding: Based upon the Supporting Explanation below, the City Council rejects the No Project/No Development Alternative because (1) it would be infeasible and (2) would not meet any of the Project objectives. (EIR p. 5 -5 to 5 -8.) Each of the stated grounds for rejecting the No Project/No Development Alternative is independently sufficient to justify rejection of this alternative. Supporting Explanation: Implementation of the No Project/No Development Alternative would be infeasible because of individual property rights. That is, property owners on vacant lands have the right to an economic use of their property, which this alternative would prevent. This alternative could only be implemented if the City bought out vacant lands and designated them as open space for permanent preservation. (EIR p. 5-5.) 83 This alternative would not meet any of the following Project objectives for the comprehensive update of the General Plan: • To establish a balance and mix of land uses that promote economic growth and maintain a high quality of life for Arcadia residents. (EIR p. 3 -32.) • To promote a balanced, integrated, multi -modal circulation system, which includes streets, sidewalks, bikeways, and trails, that is efficient and safe and that connects neighborhoods to jobs, shopping, services, parks, and open space areas. (EIR p. 3 -32.) • To preserve the City's identity as a "Community of Homes" by protecting and preserving the character and quality of its neighborhoods by requiring harmonious design, careful planning, and the integration of sustainable principles. (EIR p. 3 -32.) • To maintain a commitment to working with the school district to achieve mutually beneficial goals. (EIR p. 3 -32.) • To embrace and celebrate the cultural diversity of Arcadia through the promotion of activities and programs that strengthen the community bonds. (EIR p. 3 -32.) • To affirm the City's commitment to environmental sustainability by taking actions that work toward achieving regional environmental quality goals, providing local government support, encouraging partnerships, and fostering innovation in sustainable principles. (EIR p. 3 -32.) • To provide high - quality services that generate a source of civic pride and bring the community together. (EIR p. 3 -32.) • To encourage the retention, rehabilitation, and development of diverse housing that meets people's needs in all stages of their lives. (EIR p. 3 -32.) • To promote a healthy economy with a diversified employment and fiscal base that is accessible to local residents and responsive to local needs, while providing a balance of regional serving businesses that attract additional regional income. (EIR p. 3 -32.) • To maintain and enhance special places and features that contribute to the City's character, such as Santa Anita Park, the Los Angeles County Arboretum and Botanical Garden, a vibrant Downtown, the urban forest, attractive streetscapes, diverse parks, historic buildings and places, and nearby mountain views. (EIR p. 3 -32.) 84 (EIR p. 5 -8.) Moreover, the No Project/No Development Alternative would not incorporate new goals and policies to address the needs of the existing resident population nor address current regional issues on GHG emission reductions and sustainability. (EIR p. 5 -8.) Therefore, the City Council hereby rejects the No Project/No Development Alternative. (EIR p. 5 -5 to 5 -8.) 2. Alternative 2: No Project/Existing General Plan No Proiect/Existing General Plan Alternative. The No Project/Existing General Plan Alternative considers the comparative environmental impacts of the continued implementation of the current General Plan through the year 2035, the buildout year of the proposed General Plan Update. This alternative assumes the current General Plan would remain as the adopted long -range planning policy document for the City of Arcadia, with future development occurring pursuant to the City's current General Plan goals and policies and Land Use Map. Buildout under this alternative (the City's current General Plan) is estimated at 22,128 units in the City and its SOI, with 60,940 residents and over 12.2 million square feet of non - residential development. This development capacity would lead to 2,443 fewer dwelling units, 6,656 fewer residents, and 2.4 million square feet of non - residential development less than the development capacity of the proposed Project. (EIR p. 5 -9.) Finding: Based upon the Supporting Explanation below, the City Council rejects the No Project/Existing General Plan Alternative because (1) it would have greater impacts than the proposed Project in some resource areas and (2) it would not meet the Project objectives. (EIR pp. 5 -9 to 13.) Each of the stated grounds for rejecting the No Project/Existing General Plan Alternative is independently sufficient to justify rejection of this alternative. Supporting Explanation: Implementation of the No Project/Existing General Plan Alternative would have greater impacts on biological resources because the public designation of open space under the current General Plan would not prevent future development on these areas. (EIR p. 5 -13.) Moreover, this alternative would also lead to significant and unavoidable adverse pollutant emission, noise, traffic, and greenhouse gas emissions impacts. (EIR p. 5 -12.) In addition, the No Project/Existing General Plan Alternative would not meet the following Project objectives: • To promote a balanced, integrated, multi -modal circulation system, which includes streets, sidewalks, bikeways, and trails, that is efficient and safe and that connects neighborhoods to jobs, shopping, services, parks, and open space areas. (EIR p. 3 -32.) • To preserve the City's identity as a "Community of Homes" by protecting and preserving the character and quality of its neighborhoods by requiring harmonious design, careful planning, and the integration of sustainable principles. (EIR p. 3 -32.) 85 • To maintain a commitment to working with the school district to achieve mutually beneficial goals. (EIR p. 3 -32.) • To affirm the City's commitment to environmental sustainability by taking actions that work toward achieving regional environmental quality goals, providing local government support, encouraging partnerships, and fostering innovation in sustainable principles. (EIR p. 3 -32.) • To encourage the retention, rehabilitation, and development of diverse housing that meets people's needs in all stages of their lives. (EIR p. 3 -32.) • To maintain and enhance special places and features that contribute to the City's character, such as Santa Anita Park, the Los Angeles County Arboretum and Botanical Garden, a vibrant Downtown, the urban forest, attractive streetscapes, diverse parks, historic buildings and places, and nearby mountain views. (EIR p. 3 -32.) Therefore, the City Council hereby rejects the No Project/Existing General Plan Alternative. (EIR pp. 5.9 to 12.) 3. Alternative 3: Reduced Commercial Alternative Reduced Commercial Alternative. This altemative decreases the allowable FAR in the Commercial areas within the Downtown overlay from 1.0 to 0.50, except on Huntington Drive between Santa Anita Avenue and Second Avenue. This may also be accomplished by the elimination of the Downtown overlay for areas west of Santa Anita Avenue and along Santa Anita Avenue, except for the parcels at the intersection of Huntington Drive and Santa Anita Avenue. This alternative would include the retention of the same allowable residential densities in the City's residential areas, Downtown Mixed Use, and Mixed Use areas as the proposed Land Use Policy Map. Commercial, Regional Commercial, and Industrial areas would be allowed to develop at a maximum FAR 0.5 and Public Facilities, Open Space - Outdoor Recreation, and Open Space - Resource Protection would also be designated as in the proposed General Plan Update. Finding: Based upon the Supporting Explanation below, the City Council rejects the Reduced Commercial Development Alternative because (1) it would not result in a reduction in potentially significant environmental impacts and (2) would not meet the Project objectives. (EIR p. 5 -13 to 5 -17.) Each of the stated grounds for rejecting the Reduced Commercial Alternative is independently sufficient to justify rejection of this alternative. Supporting Explanation: Implementation of the Reduced Commercial Alternative would not result in a reduction in potentially significant environmental impacts when compared to the proposed Project. The Reduced Commercial Alternative would still contribute to existing air quality and noise violations, traffic congestion, and GHG emissions, which would remain significant and unavoidable. Therefore, the Reduced 86 Commercial Alternative would have the same significant unavoidable impacts as the proposed Project. (EIR p. 5 -17.) In addition, this alternative does not represent the mix of land uses and development that the residents, stakeholders, City staff, and leaders envisioned at buiidout of the City and its SOI. It would not encourage redevelopment and revitalization of the downtown are and near the proposed Gold Line station. Consequently, the Reduced Commercial Alternative would not achieve the following Project objectives: • To establish a balance and mix of land uses that promote economic growth and maintain a high quality of life for Arcadia residents. (EIR p. 3 -32.) • To promote a balanced, integrated, multi -modal circulation system, which includes streets, sidewalks, bikeways, and trails, that is efficient and safe and that connects neighborhoods to jobs, shopping, services, parks, and open space areas. (EIR p. 3 -32.) • To preserve the City's identity as a "Community of Homes" by protecting and preserving the character and quality of its neighborhoods by requiring harmonious design, careful planning, and the integration of sustainable principles. (EIR p. 3 -32.) • To affirm the City's commitment to environmental sustainability by taking actions that work toward achieving regional environmental quality goals, providing local government support, encouraging partnerships, and fostering innovation in sustainable principles. (EIR p. 3 -32.) • To promote a healthy economy with a diversified employment and fiscal base that is accessible to local residents and responsive to local needs, while providing a balance of regional serving businesses that attract additional regional income. (EIR p. 3 -32.) • To maintain and enhance special places and features that contribute to the City's character, such as Santa Anita Park, the Los Angeles County Arboretum and Botanical Garden, a vibrant Downtown, the urban forest, attractive streetscapes, diverse parks, historic buildings and places, and nearby mountain views. (EIR p. 3 -32.) (EIR p. 5 -17.) Therefore, the City Council hereby rejects the Reduced Commercial Alternative. (EIR p. 5 -17.) 4. Alternative 4: Expanded Downtown Focus Area Expanded Downtown Focus Area Alternative. This alternative would still preserve existing residential areas in the City, as well as promote the transition of existing land uses in the same eight focus areas but expands the Downtown Mixed Use 87 designation to include 10 additional parcels along St. Joseph Avenue. Exhibit 5 -2 shows parcels that would be redesignated Downtown Mixed Use. These 10 parcels over approximately 3.22 acres of land, which are currently developed with a mix of residential, commercial and industrial uses and vacant land. This alternative proposes a Downtown Mixed Use designation for the ten parcels, with an allowable FAR of 1.0 and a residential density of 30 to 50 du /acre. This area is currently designated as Industrial (with an allowable FAR of 0.45) and is proposed to be designated as Commercial (with an allowable FAR of 0.5) in the proposed General Plan Update. With the Downtown Mixed Use designation under this alternative, an increase in commercial and residential development could occur on these 10 parcels. With an assumed ratio of residential to non - residential development of 40 to 60 percent, respectively, this alternative would lead to the loss of industrial development but an increase in commercial floor area and residential units. Finding: Based upon the Supporting Explanation below, the City Council rejects the Expanded Downtown Focus Area Alternative because (1)) it would not result in a reduction in potentially significant environmental impacts (2) it would result in greater environmental impacts than the proposed Project in some environmental areas, and (3) would not meet the Project objectives because it would result in the loss of industrial development. (EIR p. 5 -17.) Each of the stated grounds for rejecting the Expanded Downtown Focus Area Alternative is independently sufficient to justify rejection of this alternative. Supporting Explanation: Implementation of the Expanded Downtown Focus Area Alternative would not result in a reduction of potentially significant environmental impacts. Like the proposed Project, the Expanded Downtown Focus Area Alternative would have impacts to air quality, noise, traffic, and GHG emissions that would be significant and unavoidable. (EIR p. 5 -21.) Moreover, the Expanded Downtown Focus Area Alternative would have greater mineral resource, recreation, transportation and traffic, utility and service system impacts than the proposed Project. (EIR pp. 5 -17 to 21.) Finally, because the Expanded Downtown Focus Area Alternative would result in a loss of industrial development, this alternative would not meet the following Project objectives: • To establish a balance and mix of land uses that promote economic growth and maintain a high quality of life for Arcadia residents. (EIR p. 3 -32.) • To affirm the City's commitment to environmental sustainability by taking actions that work toward achieving regional environmental quality goals, providing local government support, encouraging partnerships, and fostering innovation in sustainable principles. (EIR p. 3 -32.) • To provide high - quality services that generate a source of civic pride and bring the community together. (EIR p. 3 -32.) 88 • To promote a healthy economy with a diversified employment and fiscal base that is accessible to local residents and responsive to local needs, while providing a balance of regional serving businesses that attract additional regional income. (EIR p. 3 -32.) Therefore, the City Council hereby rejects the Expanded Downtown Focus Area Alternative. (EIR pp. 5 -17 to 21.) 5. Environmentally Superior Alternative Environmentally Superior Alternative. An EIR must identify the environmentally superior alternative. (State CEQA Guidelines § 15126.6(e)(2).) The No Project/No Development Alternative and the No Project/Existing General Plan Alternative are considered environmentally superior alternatives. The No Project/No Development Alternative is environmentally superior because no changes to existing environmental conditions in the City would occur. (EIR p. 5 -21.) In addition, the No Project/Existing General Plan Alternative would also be considered environmentally superior because this alternative would result in less development in the City at buildout, with the lower residential development density for High Density Residential Areas and Mixed -Use areas (24 units per acre) and the lower allowable FAR for Industrial and Mixed -Use areas. (EIR p. 5 -21.) Finding: Based upon the Supporting Explanation below, the City Council rejects the No Project/No Development Alternative because (1) it would be infeasible and (2) would not meet any of the Project objectives. (EIR p. 5 -5 to 5 -8.) Additionally, the City Council rejects the No Project/No Development Alternative because (1) it would have greater impacts than the proposed Project in some resource areas and (2) it would not meet the Project objectives. (EIR pp. 5 -9 to 13.) Each of the stated grounds for rejecting the No Project/No Development Alternative and the No Project/Existing General Plan is independently sufficient to justify rejection of this alternative. Supporting Explanation: As explained above, the No Project/No Development Alternative would be infeasible because of individual property rights. That is, property owners on vacant lands have the right to an economic use of their property, which this alternative would prevent. This alternative could only be implemented if the City bought out vacant lands and designated them as open space for permanent preservation. (EIR p. 5 -5.) Moreover, the No Project/No Development Alternative would not meet any of the Project objectives. (Draft Finally, the No Project/No Development Alternative would not incorporate new goals and policies to address the needs of the existing resident population nor address current regional issues on GHG emission reductions and sustainability. (EIR p. 5 -8.) Therefore, the City Council hereby rejects the No Project/No Development Alternative as the environmentally superior alternative. As explained above, the No Project/Existing General Plan Alternative would have greater impacts on biological resources because the public designation of open space under the current General Plan would not prevent future development on these areas. 89 (EIR p. 5 -13.) Moreover, this alternative would also lead to significant and unavoidable adverse pollutant emission, noise, traffic, and greenhouse gas emissions impacts. (EIR p. 5 -12.) In addition, the No Project/Existing General Plan Alternative would not meet most of Project objectives. Moreover, this alternative does not include goals and policies for sustainability and energy conservation that would reduce GHG emissions from future development under the proposed Land Use Policy Map and from public and infrastructure projects. Finally, due to the current Land Use Map's lower development capacity, the total future housing needs of the City (set at 2,149 units under the RHNA) would not be met by this alternative. (EIR pp. 5 -12 to 13.) Therefore, the City Council hereby rejects the No Project/Existing General Plan Alternative as the environmentally superior alternative. SECTION IX STATEMENT OF OVERRIDING CONSIDERATIONS A. The City declares that, pursuant to the State CEQA Guidelines Section 15093, the City has balanced the benefits of the proposed General Plan Update against any unavoidable environmental impacts in determining whether to approve the proposed update. If the benefits of the proposed General Plan Update outweigh the unavoidable adverse environmental impacts, those impacts may be considered "acceptable ". B. The City declares that the EIR prepared for the General Plan Update has identified and discussed significant effects which may occur as a result of the proposed update. With the implementation of existing regulations, Standard Conditions, Project Design Features and the mitigation measures discussed in the EIR, the environmental effects of future development pursuant to the proposed General Plan Update can be mitigated to less than significant levels, except for unavoidable significant impacts to Air Quality, Noise, Transportation and GHG Emissions. Specifically, future development in the City would contribute to existing violations of clean air standards in the South Coast Air Basin. Future development would also incrementally increase noise levels where they currently exceed City standards. Similarly, increase in traffic volumes on City streets would lead to roadway operations exceeding City standards. GHG emissions from future development would incrementally contribute to global warming. These impacts cannot be readily addressed by individual developments in the City or by the Arcadia General Plan because they are global, regional or area -wide. Thus, they would remain significant and unavoidable. C. The City declares that it has made a reasonable and good faith effort to eliminate or substantially mitigate potential impacts on Air Quality, Noise, Transportation and GHG Emissions. To the extent any mitigation measures could not be incorporated, such mitigation measures are infeasible because of specific economic, legal, social, technological and other considerations and the benefits of the proposed General Plan Update outweigh the unmitigated impacts. 90 D. The City further finds that except for the proposed General Plan Update, all other alternatives set forth in the EIR are infeasible because they would prohibit the realization of the Project's objectives and the City's goals and /or because of specific economic, legal, social, technological and other benefits that the City finds outweigh any environmental benefits of the alternatives. E. The City declares that, having reduced the significant adverse environmental effects of the proposed General Plan Update to the extent feasible by adopting the mitigation measures, having considered the entire administrative record on the proposed update, and having weighed the benefits of the proposed update against its unavoidable adverse impacts after mitigation, the City has determined that the following social, economic, and environmental benefits of the proposed General Plan Update outweigh the potential unavoidable significant adverse impacts and render those potential adverse environmental impacts acceptable, based upon the following overriding considerations: Comprehensive Update: The current General Plan was last updated and adopted by the City in 1996, with the Housing Element last updated in 2001. The proposed General Plan Update presents an opportunity to re- evaluate the City's values; address broader issues; and respond to the changing economic, environmental, legal, and social settings. The proposed General Plan Update has been developed with extensive public input and participation and better articulates the City's vision for ultimate development than the current General Plan. Citywide Vision: The proposed General Plan Update reflects the collective vision of residents, business owners, stakeholders, community groups, City staff and leaders, and was developed with the following guiding principles: • Balanced Growth and Development: The General Plan establishes a balance and mix of land uses that promote economic growth and maintain a high quality of life for Arcadia residents. Our development decisions reflect Smart Growth principles and strategies that move us toward enhanced mobility, more efficient use of resources and infrastructure, and healthier lifestyles. • Connectivity: Arcadia has a balanced, integrated, multi -modal circulation system - which includes streets, sidewalks, bikeways, and trails - that is efficient and safe, and that connects neighborhoods to jobs, shopping, services, parks, and open space areas. • Neighborhood Character. Arcadia's single - family and multi - family residential neighborhoods have given the City its identity as a "Community of Homes ". The City protects and preserves the character and quality of its neighborhoods by requiring harmonious design, careful planning, and the integration of sustainable principles. 91 • Schools: Our schools are a valuable community asset. The quality of the schools draw people to our City. We remain committed to working with the school district to achieve mutually beneficial goals. • Cultural Diversity: We embrace and celebrate the cultural diversity of Arcadia. Our lives are enriched by the many cultures that contribute their arts, food, values, and customs to our community. We promote activities and programs that strengthen these community bonds. • Environmental Sustainability: We are committed to environmental sustainability, which means meeting the needs of the present while conserving the ability of future generations to do the same. We take actions that work toward achieving regional environmental quality goals. Arcadia leads the way to a healthy environment by providing local government support, encouraging partnerships, and fostering innovation in sustainable principles. • City Services: The high quality services the City provides are a source of civic pride and bring us together as a community. We adjust service needs in response to demographic changes, and we take actions to provide funding to support these services. • Changing Housing Needs: The City encourages the retention, rehabilitation, and development of diverse housing that meets people's needs in all stages of their lives. • Economic Health: A healthy economy requires a diversified employment and fiscal base. Our priority is to create a resilient and thriving local economy, accessible to local residents and responsive to local needs, with a balance of regional - serving businesses that attract additional regional income. We are business friendly. • Preservation of Special Assets: Arcadia's quality of life is enhanced by special places and features such as Santa Anita Park, the Los Angeles County Arboretum and Botanical Garden, a vibrant Downtown, the urban forest, attractive streetscapes, diverse parks, historic buildings and places, and nearby views of the mountains. These assets are preserved and enhanced so they continue to contribute to our City's character. These principles are embodied by the proposed General Plan Update and would improve livability and the quality of life of all residents, businesses, employees and visitors in Arcadia. Land Use Compatibility: The Land Use Policy Map in the proposed General Plan Update preserves the City's established residential neighborhoods by designating these areas to reflect existing development densities. Future development and redevelopment are also anticipated and promoted in specific focus areas which would benefit from redevelopment, revitalization and new investment through changes in existing land uses or increases in densities /intensities. 92 Economic Stability: The Economic Development Element responds to the City's need to maintain and enhance the fiscal health of the local economy, and to support uses that provide high - quality jobs, generate tax revenues, and diversify Arcadia's tax base. By allowing mixed use developments and increased intensities in the City's downtown area, commercial districts and near the Gold Line station in the Land Use Policy Map, the City would sustain a resilient and thriving local economy, as well as protect its employment base. Open Space Protection: The proposed General Plan Update preserves the open space resources in the City by designating these areas as Open Space— Resource Protection and Open Space — Outdoor Recreation. These designations would preclude any future development in parks, drainage channels, and public recreational facilities and promote long -term protection of these areas for open space. Housing Needs: The Housing Element of the proposed General Plan Update has been developed to meet the City's existing and future housing needs, as defined by the Regional Housing Needs Allocation. The update also increases housing opportunities in the City and promotes the redevelopment of older multi - family developments to improve the current housing stock. Sustainability: The proposed General Plan Update responds to regional concerns for resource protection and environmental sustainability by promoting mixed use developments, alternative transportation systems, higher density /intensity uses near the rail station, energy and water conservation, solid waste reduction, and vehicle trip reduction. Goals and policies in the Resource Sustainability Element and the Circulation and Infrastructure Element, along with the implementation actions for these goals and policies would create a more sustainable community in Arcadia for the benefit of existing and future residents. The City Council hereby declares that the foregoing benefits provided to the public through approval and implementation of the Project outweigh the identified significant adverse environmental impacts of the Project, which cannot be mitigated. The City Council finds that each of the Project benefits separately and individually outweighs the unavoidable adverse environmental effects identified in the EIR and therefore finds those impacts to be acceptable. SECTION X CERTIFICATION OF EIR The City Council finds that it has reviewed and considered the Final EIR in evaluating the Project, that the EIR is an accurate and objective statement that fully complies with the Public Resources Code and the State CEQA Guidelines and that the EIR reflects the independent judgment of the City Council. The City Council consequently certifies the EIR. 93 The City Council declares that no new significant information as defined by State CEQA Guidelines section 15088.5 has been received by the City after circulation of the Draft EIR nor added by the City to the EIR that would require recirculation. The City Council certifies the EIR based on, without limitation, the following finding and conclusions: A. Finding: The significant environmental impacts set forth in Section IV of this Resolution have been identified in the EIR and will require mitigation, but cannot be mitigated to a Tess than significant level. B. Conclusions: 1. All significant environmental impacts from the implementation of the proposed General Plan Update have been identified in the EIR and, with implementation of the identified mitigation measures impacts will be mitigated to a less than significant level, except for the impacts listed in Section IV of this Resolution. 2. Environmental, economic, social and other considerations and benefits derived from the proposed General Plan Update override and make infeasible mitigation measures beyond those incorporated into the Project. 3. Other reasonable alternatives to the proposed General Plan Update that could feasibly achieve the basic goals and objectives of the proposed update have been considered and rejected in favor of the proposed General Plan Update. SECTION XI ADOPTION OF MITIGATION MONITORING AND REPORTING PROGRAM Pursuant to Public Resources Code section 21081.6, the City Council hereby adopts the Mitigation Monitoring and Reporting Program attached to this Resolution as Exhibit "A ". In the event of any inconsistencies between the mitigation measures as set forth herein and the Mitigation Monitoring and Reporting Program, the Mitigation Monitoring and Reporting Program shall control. SECTION XII PROJECT APPROVAL Based upon the entire record before the City Council, including the above findings and all written evidence presented to the City of Arcadia, the City Council hereby approves the proposed General Plan Update. 94 SECTION XIII CUSTODIAN OF RECORD The documents and materials that constitute the record of proceedings on which these Findings have been based are located at the City of Arcadia at 240 W. Huntington Drive, Arcadia, California 91007. The custodian for these records is Lisa Mussenden, Chief Deputy City Clerk. This information is provided in compliance with Public Resources Code section 21081.6. SECTION XIV STAFF DIRECTION The City Council hereby directs staff to prepare, execute, and file a Notice of Determination with the Los Angeles County Clerk's Office and the Office of Planning and Research within five (5) working days of adoption of this Resolution. ATTEST: City Clerk APPROVED AS TO FORM: The City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this day of 6U - eZZJ i-eA-,1 Stephen P. Deitsch City Attorney 95 , 2010. Mayor of the City of Arcadia EXHIBIT "A" MITIGATION MONITORING AND REPORTING PROGRAM (To Be Attached) SCH 2009081034 Arcadia General Plan Update Response to Comments, MMRP, and Errata SECTION 2.0 MITIGATION MONITORING AND REPORTING PROGRAM While approval of the proposed project would not result in direct or immediate changes to the environment, implementation of the General Plan's plans, programs, and implementation actions, as well as future development that would be allowed under the General Plan Update, would result in environmental changes or impacts. These impacts are indirectly attributable to the General Plan Update and thus, are analyzed in the Draft EIR as "impacts" to the extent feasible, without the availability of specific development concepts or proposals. At the same time, a number the goals, policies, implementation actions and other programs in the General Plan Update are not expected to result in environmental impacts, but are intended to avoid or reduce them. As stated in Section 15097(b) of the CEQA Guidelines, where the project at issue is the adoption of a general plan, specific plan, community plan or other plan -level document (zoning, ordinance, regulation, policy), the monitoring plan shall apply to policies and any other portion of the plan that is a mitigation measure or adopted alternative. The monitoring plan may consist of policies included in plan -level documents. The annual report on general plan status required pursuant to the California Government Code may serve as a reporting program for adoption of a city general plan. Thus, the goals, policies, and implementation actions identified under each environmental issue in Section 4.0 of the Draft EIR would be implemented by the City as part of the General Plan and would be monitored during the annual report on the General Plan status. Thus, these goals, policies and implementation actions are not repeated below. In addition to the annual report of the General Plan status, Table 2 -1 describes the mitigation monitoring and reporting program (MMRP) to be adopted by the City of Arcadia for the proposed General Plan Update pursuant to the State CEQA Guidelines, Section 15097. Table 2 -1 includes the potential impacts of the proposed General Plan Update, the mitigation program (including standard conditions /requirements [SCs] and mitigation measures [MMs]) to reduce the impacts to less than significant levels, and the party responsible for implementation and verification. SCs are based on local, State, or federal regulations or laws that are frequently required independent of CEQA review, yet also serve to offset or prevent certain impacts. Because SCs are incorporated into development projects, either in the project design or by law as part of project implementation, they do not constitute mitigation measures, but would reduce or avoid a potentially significant impact. Thus, SCs are included in Table 2 -1 for clarification but the agency that adopted the regulation is responsible for monitoring compliance, as afforded by law. 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V) N N a t) °) N O` m m mo)0 0c 0 0ru c oamm o c -° 2 a) -0 iT) c o o .CL wa 2 E 2 Y O L Q� O E O L to o_ V j ° u m i a) �- g 0 a) o f n — O ° o _•p „- Y c C. o a a) ) o oo ° $ 0 0 + E' W -0 : co 0, . va 0 2 a C 0. c; O d an U > (7, ca. a) To u) 0 m a) o c ° a) o E 0) 0.)a 0 v) 2 :o V C a) m c • fi ) o M 0 0 A 2 7 a Vi • n a ") CU c ._ y m o L L p m -C I o w a) am �a E w $ t m .> c 'o 0 t6 c u) 1 2 0 mtn 7 c m a C N N U to CO `tt CU CO 0 ID ce et eX U. i Section 4.13 Public Services SC 4.13 -1 All development in the City shall comply with the California Fire Code and regulations in the Fire Department section (Article III, Chapter 1) of the Arcadia Municipal Code, which include standards for building construction that would reduce the creation of fire hazards and facilitate emergency response. Building plans are reviewed and structures inspected by the Arcadia Fire Department for compliance with applicable fire safety, emergency access, and fire flow standards in these codes and in order to identify additional development features that could reduce demand for fire protection services. � SC 4.13 -2 In compliance with Section 65995 of the California Government Code (SB 50), prior to approval of a development project, the property owner /developer shall pay applicable fees to the impacted school district(s). Under State law, payment of the developer fees provides full and complete mitigation of the project's impacts on school facilities. Section 4.14 Recreation SC 4.14 -1 Future residential development shall comply with the City's Ordinance 2237, which requires new residential developments to pay applicable Park Facilities Impact Fees to fund the provision and /or expansion of parks and recreational facilities to serve new development. SC 4.14 -2 Future residential development shall comply with Article IX, Chapter 2 of the Arcadia Municipal Code, which requires multi - family residential developments to provide on -site private and common open space areas. The open space and recreational facility requirements depend on the zoning of the project site and the size of development. r • Section 4.15 Transportation SC 4.15 -1 In accordance with the City's Transportation Impact Fee Program, future development shall pay development impact fees to help fund intersection and roadway improvements in the City. SC 4.15 -2 Future development shall improve perimeter and on -site roadways in accordance with the City's roadway standards under Article IX, Chapter 1, Parts 1 (Design of Streets) and 2 (Street Improvement Plans) of the Arcadia Municipal Code. SC 4.15 -3 Future development shall provide internal circulation improvements in accordance with City standards for the location of traffic signs, minimum drive aisle widths, turning radii, sight distances /vision clearances, pedestrian walkways /crosswalks, and other features. SC 4.15 -4 Future development shall include a Traffic Control Plan to be prepared and implemented in compliance with the California Manual for Uniform Traffic Control Devices (MUTCD) for all construction activities within public rights -of -way. If the project construction requires special measures outside the California MUTCD standards, the Traffic Control Plan shall be prepared, stamped, and signed by a registered Traffic Engineer. If the development is located on or near California Department of Transportation (Caltrans) riaht- of -way. the Property Owner /Developer shall provide a copy of the Traffic Control Plan to Caltrans for review and approval. SC 4.15 -5 Construction work on public rights -of -way shall be performed in accordance with City regulations, including the Standard Specifications for Public Works Construction (Greenbook) and the MUTCD. cordance with the California Community Redevelopment Law, a red ing for displaced residents, households, and tenants and to develop cts that involve displacement. `tt CU CO 0 ID ce et eX U. CO ce a z Q O Z � Z� UZ N N W C) m CL - u- 2 u) ... Z t ;?, m o o C a) L E a) U U) 0 'n N a) 0. i n o C - � +`. - 0 N . T U • Q N C V) L a) L c w N > „ c ° c C CD •._' C C 0 4,+$ O N E cn N a) a N CO Ca a) a) -C ( a) V) Q. M Cti E °- N • C C. 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U - .0 - 4) ° c�coU N 'C'm = L co > . G F-- 4s H . 0 To > ) C 0 w C fa g_,O O a, 0 (a 0 orn a ) W 0 W O C -) a) • • c N U o m ' L _ v, c c o a 8 . C m O N I8( a N C 0) a) m c a) > 43 0E. C 4) rn 7 c N O 8`° C C O O O O s 8 � C a) a) Z^ 87' 2 U °) _c W O F- J O N N a)a?om °E c a U u,C C7 N U) O c C c 0 O O .• Q a. v) N ° N ( 2 . a3 a) uj p C p Q .E co @ U O Q w U) • 0 0 0 oCDa)r a awc 0 a) mC as0 8 n - �:�a a i r ) °- c i m a) 0 'm O c 15 ,C Ti= O N _503 C (6 >- n O C C T d E a) a) Ev tJ) Q c c 2 In .co O 2 8 m E °a? C O 2 cnC98 `� cY U E�o 8 c o 1-<00 M 2 2 0) ORDINANCE NO. 2272 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA REPEALING AND REPLACING VARIOUS SECTIONS OF ARTICLE IX OF THE ARCADIA MUNICIPAL CODE TO ENACT THE 2010 GENERAL PLAN UPDATE PROJECT AND ESTABLISH NEW ZONING DESIGNATIONS FOR DOWNTOWN MIXED USE (DMU), MIXED USE (MU), AND RESTRICTED MULTI - FAMILY (R -3 -R). THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. The Heavy Manufacturing (M -2) Zone provisions and regulations set forth in Article IX, Chapter 2, Part 6, Division 7 are hereby repealed and replaced with new Downtown Mixed Use (DMU) Zone provisions and regulations to read as follows: "9267.1. PURPOSE. The purpose of this Section is to ensure compatibility between the different land uses (e.g., residential and commercial) operating within a mixed -use project that offer opportunities for people to live, work, shop, and recreate without having to use their vehicles. The Downtown Mixed Use Zone is intended to promote a strong pedestrian orientation through its mix of permitted uses and specific development standards. Stand alone residential uses are not allowed. 9267.2. PARCEL CONSOLIDATION INCENTIVE PROGRAM. In order to encourage the assemblage of smaller existing parcels into large parcels that can be more efficiently developed into a mixed -use project, the following incentives are offered: 1 2 a. Fee waiver. b. Priority in permit processing (lot consolidation projects become the next projects processed among staff once received). 9267.3. RESIDENTIAL DENSITY. Density shall not exceed 50 dwelling units per acre of lot area. 9267.4. FLOOR AREA RATIO. The Floor Area Ratio (FAR) for non- residential uses is 1.0. 9267.5. BUILDING HEIGHT. No building hereafter erected, constructed or established shall exceed four (4) stories or forty -five (45) feet in height, not including roof - mounted equipment and accessory structural items as provided for in this Division. 9267.6. BUILDING SETBACKS. The structure shall be treated as a commercial type of structure and no setbacks shall be required. The maximum setback permitted for any street -side is ten (10) feet, which may be used for landscaping, pedestrian circulation, entry court, outdoor dining, and similar uses related to a downtown pedestrian environment. 9267.7. COMMERCIAL USES ALONG STREET FRONTAGES. In order to maintain an active pedestrian environment within the Downtown Mixed Use Zone, commercial uses shall be located along street frontages. Development on the ground floor is limited to commercial uses. 9267.8. PRIVATE OPEN SPACE FOR MIXED -USE RESIDENTIAL. 1. Private open space requirements: Communication and Transportation Permit Requirement Alternative fuels and recharging facilities as an P a. A minimum of 100 square feet of private open space shall be provided for each unit. Open space can be in the form of private balconies, courtyards, at -grade patios to the rear and sides of the units, rooftop gardens or terraces. b. Balconies that are 30" or less in width or depth shall not be counted as open space. c. Balconies that project over a public right -of -way shall be subject to approval by the City Engineer. 9267.9 ROOF - MOUNTED EQUIPMENT AND ACCESSORY STRUCTURAL ITEMS. Towers, chimneys, mechanical equipment and other roof -top structures shall not exceed a height of ten (10) feet above the roof of any building. Appurtenances not incorporated as architectural features shall be adequately screened. No roof - mounted equipment, vents, ducts, or dish antennas shall be visible from ground level from any adjacent parcel, or any City -owned public right -of -way. This shall be accomplished through setting the equipment or appurtenances back from the edges of the roof, extension of the main structure or roof, or screening that is architecturally integrated with the main structure. 9267.10. NON - RESIDENTIAL USES. Downtown mixed use requires the inclusion of a ground - floor, street frontage commercial component for all projects. No building or land shall be used and no building shall be hereafter erected, constructed or established, except for the following uses and in compliance with the regulations of this Division: P — Permitted C — Conditional Use Permit 3 accessory use Automobile related uses except sale of new or used cars in connection with the sale of new cars. Refer to ARA No. 231 for a list of Inappropriate Uses. C Motor Vehicle parking lot/structure facilities P Major wireless communication facilities C Educational Uses Studios: art, dance, martial arts and music. C Entertainment and Recreational Facilities Health /fitness Centers C Indoor movie and performing arts theatres and auditoriums C Retail Alcoholic beverage sales C Department Stores P Garden centers /nursery (indoor) P Garden centers (outdoor) C Grocery store P Grocery store (open for more than 16 hours and /or open between midnight and 6:00 a.m.) C Portable outdoor retail sales and activities (as a primary use) carts or kiosks C Pet Stores C Retail Uses P Services and Other Uses Automated Teller Machines (ATMs) P Banks and financial services P Day Care — Large Family Day Care Homes C Day Care — Small Family P Dry Cleaning service P Medical & Dental Offices P Mixed Use C Offices - General P Restaurants, fast food, with or without outdoor seating. No drive -thru facilities allowed. P — if it complies with minimum off - street parking requirement; C — if it does not comply with minimum off - street parking requirement 4 Restaurants, sit -down P — if it complies with minimum off - street parking requirement; C — if it does not comply with minimum off - street parking requirement C Restaurants with alcoholic beverage lounge service Veterinarian clinic /services and small animal hospitals with overnight kenneling service. C 9267.11. PARKING. 1. Number of parking spaces required. Parking shall be provided in compliance with Section 9269.5 (Off- street parking requirements). A 25% reduction will be applied to the project for all commercial uses due to the proximity to the light rail station. 2. Location. Parking shall be provided either at grade behind the ground floor uses that front the street, or in semi - subterranean or subterranean facilities, or within an above grade parking structure. 3. Off -site spaces. Off -site parking spaces may be relied upon to serve commercial uses provided a shared - parking study is completed by the applicant/developer and approved by the Modification Committee. 9267.12. LOADING REQUIREMENTS. Off - street loading. All loading spaces shall have adequate ingress and egress, and shall be designed and maintained so that the maneuvering, loading or unloading of vehicles does not interfere with vehicular and pedestrian traffic. 9267.13. LANDSCAPING. All areas of the subject site not devoted to driveways or walkways shall be properly landscaped and maintained. 5 9267.14. LIGHTING. Lighting shall be appropriately shielded to not impact the residential units, and reflect away from streets. Lights may be mounted at a height of up to twenty (20) feet above the adjacent pavement. 9267.15. OUTSIDE STORAGE, RECYCLABLES AND REFUSE. Trash, garbage, refuse, and recyclables may be temporarily stored outside the building; provided, that such storage shall be completely screened from public view by an enclosure of which three (3) sides shall consist of six (6) -foot high stucco or decorative masonry walls, or other approved screening devices with a solid metal gate painted a color compatible with the walls. Such storage areas shall have full roofs to reduce stormwater pollution and to screen unsightly views. The design of the roof and the materials used shall be compatible with the site's architecture, and adequate height clearance shall be provided to enable ready- access to any storage containers. 9267.16. FENCES AND WALLS 1. Fences and walls are not permitted along the street frontage(s), except to enclose a ground -floor landscaped courtyard or an outdoor dining area. Any gate placed across the courtyard opening or outdoor dining area shall have a minimum of 50 percent transparency. 2. Fences and walls located at rear and interior side yard areas are limited to six (6) feet in height, as measured from the lowest adjacent grade. 9267.17. URBAN NOISE LEVELS. 1. Residents of a mixed -use development project shall be notified that they are living in an urban area and that the noise levels may be higher than in a typical residential area. 6 2. The signature of the residents shall confirm receipt and understanding of this information. 9267.18. DESIGN REVIEW CRITERIA. In conducting a review of projects subject to the requirements of this Chapter, the reviewing body may utilize design guidelines /criteria that have been adopted by the City and Redevelopment Agency in order to provide guidance to project proponents on how to best achieve the City's expectations for quality development; implementation of the applicable General Plan and Redevelopment Plan goals and policies; and maintenance of the public health, safety, general welfare and property throughout the DMU Zone. 9267.19. DOWNTOWN MIXED -USE DEVELOPMENT APPROVAL. Prior to commencing any work pertaining to the erection, construction, reconstruction, moving, conversion, alteration or addition to any building or structure within the DMU zone, all building and site plans shall be subject to design review by the Development Services Department, as well as review by Building Services. The Development Services Department will review project design and seek to ensure compatibility of the project with the scale and quality of development within the DMU zone. The Development Services Department will make recommendations regarding project design to the Planning Commission, for consideration in connection with the Planning Commission's decision on the final design review or conditional use permit. The Planning Commission's decision is subject to appeal to the City Council within five (5) business days from the date of such decision. The City Council's decision shall be final. 7 9267.20. SIGN REGULATIONS. The regulations set forth in Title 4 of Division 2 commencing with Section 9262.4 shall be the regulations for signs in the DMU Zone." SECTION 2. The Community Commercial (C -C) Zone provisions and regulations set forth in Article IX, Chapter 2, Part 6, Division 8 are hereby repealed and replaced with new Mixed Use (MU) Zone provisions and regulations to read as follows: "9268.1. PURPOSE. The purpose of this Section is to ensure compatibility between the different land uses (e.g. residential and commercial) operating within a mixed use project that offer opportunities for people to live, work, shop, and recreate without having to use their vehicles. The Mixed Use Zone is intended to promote a strong pedestrian orientation through its mix of permitted uses and specific development standards. Stand alone residential uses are not allowed. 9268.2. PARCEL CONSOLIDATION INCENTIVE PROGRAM. In order to encourage the assemblage of smaller existing parcels into large parcels that can be more efficiently developed into a mixed -use project, the following incentives are offered: a. Fee waiver. b. Priority in permit processing (lot consolidation projects become the next projects processed among staff once received). 9268.3. RESIDENTIAL DENSITY. Density shall not exceed 30 dwelling units per acre of lot area. 9268.4. FLOOR AREA RATIO. The Floor Area Ratio (FAR) for non - residential uses is 1.0. 8 9268.5. BUILDING HEIGHT. No building hereafter erected, constructed or established shall exceed three (3) stories or forty (40) feet in height, but not including roof - mounted equipment and accessory structural items as provided for in this Division. 9268.6. BUILDING SETBACKS. A. Street Side Setbacks. No street side setbacks are required and the maximum setback permitted shall be ten (10) feet which may be used for landscaping, pedestrian circulation, entry court, outdoor dining, and similar uses related to a downtown pedestrian environment. B. Side Yard Setbacks. No side yard setbacks shall be required, except where the side property line abuts residentially zoned property or a dedicated alley; then the side yard setback shall have a minimum depth of ten (10) feet. C. Rear Yard Setbacks. No rear yard setbacks shall be required except where the rear property line abuts residentially zoned property or a dedicated alley; then a minimum rear yard setback of fifteen (15) feet shall be maintained. 9268.7. COMMERCIAL USES ALONG STREET FRONTAGES. In order to maintain an active pedestrian environment near the downtown area, commercial uses shall be located along street frontages. Development on the ground floor is limited to commercial uses. 9268.8. PRIVATE OPEN SPACE FOR MIXED -USE RESIDENTIAL. Private open space requirements: A. A minimum of 100 square feet of private open space shall be provided for each unit. Open space can be in the form of private balconies, courtyards, at -grade patios (rear and sides of the units), rooftop gardens or terraces. 9 Communication and Transportation Permit Requirement Alternative fuels and recharging facilities as an accessory use P Motor Vehicle parking lot/structure facilities P Major wireless communication facilities C Educational Uses Studios: art, dance, martial arts and music C Tutoring Centers C Entertainment and Recreational Facilities Health /fitness Centers C B. Balconies that are 30" or less in width or depth shall not be counted as open space. C. Balconies that project over a public right -of -way shall be subject to approval by the City Engineer. 9268.9. ROOF - MOUNTED EQUIPMENT AND ACCESSORY STRUCTURAL ITEMS. Towers, chimneys, mechanical equipment and other roof -top structures shall not exceed a height of ten (10) feet above the roof of any building. Appurtenances not incorporated as architectural features shall be adequately screened. No roof - mounted equipment, vents, ducts, or dish antennas shall be visible from ground level from any adjacent parcel, or any City owned public right -of -way. This shall be accomplished through setting the equipment or appurtenance back from the edge of the roof, extension of the main structure or roof, or screening that is architecturally integrated with the main structure. 9268.10. NON - RESIDENTIAL USES. Mixed use requires the inclusion of a ground - floor, street frontage commercial component for all projects. No building or land shall be used and no building shall be hereafter erected, constructed or established, except for the following uses and in compliance with the regulations of this Division: P — Permitted C — Conditional Use Permit 10 Indoor movie and performing arts theatre and auditoriums C Retail Alcoholic beverage sales C Convenience Store C Department Stores P Garden centers /nursery (indoor and outdoor) P Grocery store P Grocery store (open for more than 16 hours and /or open between midnight and 6:00 a.m.) C Portable outdoor retail sales and activities (as a primary use) — carts or kiosks C Pet Stores C Retail Uses P Services and Other Uses Automated Teller Machines (ATMs) P Banks and financial services P Day Care — Large Family Day Care Homes C Day Care — Small Family P Dry cleaning service P Medical & Dental Offices and Clinics P Mixed Use C Offices - General P Personal Services C Restaurants, fast food, with or without outdoor seating. No drive -thru facilities allowed. P — if it complies with the minimum Off - Street parking requirement; C — if it does not comply with the minimum Off - Street parking requirement Restaurants, sit -down P — if it complies with minimum Off - Street parking; C — does not complies with the minimum Off - Street parking requirement Restaurants with alcoholic beverage lounge service C Veterinarian clinic /services and small animal hospitals with overnight kenneling service C 11 9268.11. PARKING. 1. Number of parking spaces required. Parking shall be provided in compliance with Section 9269.5 (Off - street parking requirements). A 25% reduction will be applied to the project for all commercial uses if the parking area is located within 1,320 feet (1/4 mile) of a light rail station. 2. Location. Parking shall be provided either at grade behind the ground floor uses that front the street, or in semi - subterranean or subterranean facilities, or above grade within a parking structure. 3. Off -Site spaces. Off -site parking spaces may be relied upon to serve the commercial uses provided a shared - parking study is completed by the applicant/developer and approved by the Modification Committee. 9268.12. LOADING REQUIREMENTS. Off - Street loading. All loading spaces shall have adequate ingress and egress, and shall be designed and maintained so that the maneuvering, loading or unloading of vehicles does not interfere with vehicular and pedestrian traffic. 9268.13. LANDSCAPING. All areas of the subject site not devoted to driveways or walkways shall be properly landscaped and maintained. 9268.14. LIGHTING. Lighting shall be appropriately shielded to not impact the residential units, and reflect away from streets. Lights may be mounted at a height of up to twenty (20) feet above the adjacent pavement. 9268.15. OUTSIDE STORAGE, RECYCLABLES AND REFUSE. Trash, garbage, refuse, and recyclables may be temporarily stored outside the building; provided, that such storage shall be completely screened from public view by an 12 enclosure of which three (3) sides shall consist of six (6) -foot high stucco or decorative masonry walls, or other approved screening devices with a solid metal gate painted a color compatible with the walls. Such storage areas shall have full roofs to reduce stormwater pollution and to screen unsightly views. The design of the roof and the materials used shall be compatible with the site's architecture, and adequate height clearance shall be provided to enable ready access to any storage containers. Such storage shall not be in any required setback areas. 9268.16. FENCES AND WALLS. 1. Fences and walls are not permitted along the street frontage(s), except open -work fences to enclose landscaped courtyard or an outdoor dining area. Any gate placed across the courtyard opening or outdoor dining area shall have a minimum of 50 percent transparency. 2. Fences and walls located at rear and interior side yard areas are limited to six (6) feet in height, as measured from the lowest adjacent grade. 9268.17. DESIGN REVIEW CRITERIA. In conducting a review of projects subject to the requirements of this Chapter, the reviewing body may utilize design guidelines /criteria that have been adopted by the City and Redevelopment Agency in order to provide guidance to project proponents on how to best achieve the City's expectations for quality development; implementation of the applicable General Plan goals and policies; and maintenance of the public health, safety, general welfare and property throughout the MU Zone. Any applicable design guidelines /criteria shall be available at the City. 13 9268.18. MIXED -USE DEVELOPMENT APPROVAL. Prior to commencing any work pertaining to the erection, construction, reconstruction, moving, conversion, alteration or addition to any building or structure within the (MU) zone, all building and site plans shall be subject to design review by the Development Services Department, as well as review by the Building Services. The Development Services Department will review project design and seek to ensure compatibility of the project with the scale and quality of development within the MU zone. The Development Services Department will make recommendations regarding project design to the Planning Commission, for consideration in connection with the Planning Commission's decision on the final design review or conditional use permit. The Planning Commission's decision is subject to appeal to the City Council within five (5) business days from the date of such decision. The City Council's decision shall be final. 9268.19. SIGN REGULATIONS. The regulations set forth in Title 4 of Division 2 commencing with Section 9262.4 shall be the regulations for signs in the MU Zone." SECTION 3. New Restricted Multiple - Family (R -3 -R) Zone provisions and regulations are hereby added to Article IX, Chapter 2, Part 5, Division 4 of the Arcadia Municipal Code to read as follows: "9254.1. GENERAL. No building or land shall be used and no building shall be hereafter erected, constructed, established or converted into a cooperative multiple dwelling except for the uses specified in the following subsections, and in compliance with the regulations of this Division. 14 9254.1.1. DWELLING UNITS. Two or more dwelling units, multiple dwellings and /or cooperative dwellings constructed in accordance with the regulations of Article VIII of this Code relating to the Multiple - Family Construction Standards. 9254.1.3. ACCESSORY BUILDINGS AND USES. Accessory buildings and uses for and customarily incidental to any of the uses described in the preceding sections of this Title when located on the same building site and not involving the conduct of a business. 9254.1.3.1. TENTS AND CANOPIES. It shall be unlawful for any person, to erect, put in place or maintain in place, any tent, tent - house, canvas house or structure constructed of canvas, cloth, or other fabric; any canopy or canopy structure constructed of canvas, cloth, or other fabric or material. Exceptions: The provisions of this section shall not apply as follows: 1. Decorative canopies and awnings constructed as a component or feature of an overall architectural design. 2. Picnic umbrellas not in excess ten feet (10') in diameter. 3. Temporary tents and canopies. Temporary tents and canopies of any size may be erected in any location with the exception of the front yard and /or street side yard setback areas on a parcel or lot for a period that is not in excess of three (3) days. 9254.1.4. SIGNS. No signs, sign structures or sign devices of any character shall be permitted in any R -3 -R, Restricted Multiple - Family Residential Zone, except unlighted signs as hereinafter specified in this Title. 15 9254.1.4.1. IDENTIFICATION SIGNS. On properties which are developed with multiple - family projects containing more than five (5) dwellings units one (1) single - faced monument structure not to exceed fifteen (15) square feet in area nor more than three (3) feet in height with a maximum sign area of eighteen (18) inches high by twenty -four (24) inches long for only the name and address of the development may be erected within the front yard area. The materials and colors of such sign shall be the same or compatible with the building architecture and color. 9254.1.4.1.1. SAME. Each dwelling unit shall have its street number posted so as to be easily seen from its access walkway. One (1) sign that does not to exceed one (1) square foot in area and containing only the address of the unit shall be allowed. 9254.1.4.2. TEMPORARY SIGNS. The following signs shall be permitted on a temporary basis only and shall be located at least ten (10) feet from adjoining premises and at least five (5) feet from a paved roadway, but provided that where any sidewalk exists, the sign shall be located at least three (3) feet from the sidewalk in the direction of the residence. If a wall or hedge prevents a sign from being located as provided in this Division, the sign may be placed immediately adjacent to the wall or hedge. No sign shall be placed in a location that interferes with the visibility of vehicular ingress or egress to the property or adjoining properties as per the standards on file with the Development Services Department or where such signs may interfere with or be confused with any traffic signal or device. 9254.1.4.2.1. SAME. One (1) sign not to exceed three (3) feet in height nor more than four (4) square feet in area per face for the purpose of advertising the property for sale, lease or rent, except a corner property may have two (2) such signs. In lieu of 16 such sign, one (1) sign not exceeding four (4) square feet in area per face may be mounted on a decorative post and arm not exceeding six (6) feet in height and of a design approved by the Development Services Director or designee. 9254.1.4.2.2. SAME. Under each "For Sale" sign, three (3) smaller signs not to exceed six inches by twenty -four inches (6" x 24 ") each may be attached to the sign or sign support. 9254.1.4.2.3. SAME. One (1) directional arrow -type sign not to exceed one foot by two feet (1' x 2') pointing to the premises for sale, lease or rent. The sign may contain the words "Open House," on both sign faces. Such sign may be placed on private property located at a through street intersection pointing toward the "Open House" during daylight hours. This sign shall only be permitted if: (1) the owner of said property consents to such use of said property, and (2) the house offered for sale is open and attended by the owner or an authorized representative of the owner during any time the sign is in place. Advertising copy may be placed on both sign faces. 9254.1.4.2.4. SAME. On properties which are developed with new multiple family residential projects containing more than one (1) dwelling unit but Tess than five (5) dwelling units, one (1) temporary sign of not to exceed sixteen (16) square feet in area, advertising the property for sale, lease or rent, erected and maintained during the period of active sales, lease or rental campaign is being conducted for such new multiple family residential projects but in no event for a period longer than six (6) months. 9254.1.4.2.5. SAME. On properties which are developed with new multiple family residential projects containing five (5) or more dwelling units, one (1) temporary 17 sign of not to exceed thirty -two (32) square feet in area, advertising the property for sale, lease or rent, erected and maintained during the period an active sales, lease or rental campaign is being conducted for such new multiple family residential project but in no event for a period longer than six (6) months. 9254.1.4.2.6. SAME. One (1) temporary sign of not to exceed a total of sixteen (16) square feet in area giving the names of the contractors, engineer, architect and lending institution during the period of construction on the premises. The location of such sign shall be shown on the building plans and shall be removed prior to issuance of a certificate of occupancy for the premises. 9254.1.4.2.7. TEMPORARY ELECTION SIGNS. Temporary election signs shall be permitted in addition to other permitted signs subject to the following: A. Any person who displays a temporary election sign or any person who owns or possesses the property on which a temporary election sign is located shall remove it within ten (10) days after the date of the scheduled election date to which it relates. B. No person shall erect, maintain or display a temporary election sign in excess of thirty -two (32) square feet in total area, or sixteen (16) square feet in area per face whichever is less. No person shall erect, maintain or display temporary election signs with a total aggregate area on a given lot in excess of eighty (80) square feet. C. No person shall erect, maintain or display a temporary election sign that interferes with the visibility of vehicular ingress and egress to any lot. All temporary election signs shall comply with the visibility standards for driveways and intersections on file with the Development Services Department. No person shall erect, maintain or 18 display a temporary election sign that interferes with or can be confused with any traffic signal or device. D. After twenty -four (24) hours written notice is personally served on a candidate, proponent or to a person who owns or possesses property to remove an illegally displayed, erected or maintained temporary election sign, the Development Services Director or designee may summarily remove said sign. 9254.1.5. BOARDING HOUSES PROHIBITED. No boarding house shall be permitted in the R -3 -R Restricted Multiple - Family Residential Zone on properties developed with single family residences. 9254.2.1. GENERAL. The regulations set forth in this Part shall apply in the R- 3-R Restricted Multiple - Family Zone, unless otherwise provided in this Chapter. 9254.2.2. BUILDING HEIGHT. The maximum building height for multiple - family projects shall not exceed one (1) story and eighteen (18') feet. Exception: Porches facing a street shall not exceed fourteen (14) feet in height as measured from the adjacent finished grade. A "porch" is defined as any covered area at a building entrance, whether it is a projecting feature with a separate cover, or a recessed area behind the building wall. For projecting porches, the height shall be measured to the uppermost point of the projecting feature, including roof ridges, railings, cornices, and other decorative features. For recessed porches, the height shall be measured to the uppermost point of the opening. 9254.2.2.1. SAME. Building height for a multiple - family project shall be determined by the vertical distance from the first story line to the highest point of the coping of a flat roof or to the ridge line of a mansard roof or to the ridge of the highest 19 gable of a pitch or hip roof. If the finished first story line is more than two feet (2') above the highest street curb elevation adjacent to the lot, then the story directly beneath it shall be considered as a first story for the purpose of determining building height. If there is no curb, the reference shall be to the highest elevation at the centerline of the adjacent street segment or segments. 9254.2.3. FRONT YARD. There shall be a front yard of not Tess than twenty -five feet (25') in depth and at least sixty percent (60 %) of the required front yard shall be irrigated and landscaped with lawn, trees, shrubs or other plant materials. Said yard shall be permanently maintained in a neat and orderly manner. 9254.2.4. SIDE YARD. On interior lots there shall be a side yard on each side of every building of not less than ten feet (10') in width. On corner lots the required side yard adjoining the interior lot shall be the same as for interior Tots. The required side yard on the street side of a corner lot shall not be less than the required front yard setback. No parking shall be permitted within any required side yard on the street side of a corner lot. EXCEPTION: On lots that are less than sixty -five feet (65') in width the enclosed single - story garage portion of a dwelling unit may encroach a maximum of five feet (5') into the required interior side yard setback, provided that there shall be no living space in said enclosed garage encroachment. 9254.2.5. REAR YARD. There shall be a rear yard of not less than ten feet (10'). 20 9254.2.6. PROJECTIONS. The following regulations shall apply to projections: A. Cornices, eaves, belt courses, sills and buttresses or other architectural features may extend or project into the required distance between buildings on the same lot, and into a required front, rear or side yard, provided that such projection shall not exceed a maximum of twenty -four inches (24 "). B. No fire escapes or open stairways shall project into any required front, rear or side yard. C. Balconies may extend or project into a required front, rear or side yard, provided that such projection shall not exceed a maximum of sixty inches (60 ") nor shall such projection be closer than sixty inches (60 ") from any property line. D. Trellis structures, patio covers or awnings not exceeding eight feet (8') in height may extend or project into a required rear or side yard provided that such projection shall comply with the provisions of the Building Code. 9254.2.7. DWELLING UNIT DENSITY. Maximum density: one dwelling unit per one thousand four hundred fifty (1,450) square feet of lot area (30 dwelling units per acre). 9254.2.8. PARKING. The following regulations shall apply to parking: A. Two (2) parking spaces shall be provided and assigned to each dwelling unit. B. On lots containing Multiple Family Dwellings, guest parking shall be provided at the rate of one (1) parking space for every two (2) dwelling units. C. Structures used principally for parking shall not be higher than one (1) story and /or higher than the height of the residence. 21 D. Each parking space shall have clear dimensions of at least nine feet (9') in width by nineteen feet (19') in depth. E. Safe ingress and egress shall be provided for each parking space by a twenty - five -foot (25') turning radius and /or a minimum of twenty -five feet (25') of back out space directly adjacent to said parking space. F. No portion of any required driveway may be used to fulfill any such parking space requirements other than providing for ingress or egress or temporary loading and unloading. G. Adequate bumper guards shall be provided to protect from damage the interior wall of garages from damage and supports of carports. H. A clear three -foot (3') wide planting area shall be landscaped and so maintained between any open parking space and adjoining property lines. I. No parking shall be permitted within the required front yard and /or street side yard. J. Each required guest parking space shall have clear dimensions of at least nine feet (9') in width by nineteen feet (19') in depth. K. "Guest Parking Only" signs with letters not less than two inches (2 ") in height shall be properly located to designate guest parking spaces. 9254.2.9. DRIVEWAY REQUIREMENTS. The following shall apply to driveways: A. Each driveway to a parking space shall be at least ten feet (10') wide and shall be totally unobstructed from the pavement upward. B. Every driveway serving as access to more than twelve (12) required parking spaces or which is more than one hundred twenty -five feet (125') long, shall be not less 22 than eighteen feet (18') wide and shall be totally unobstructed from the pavement upward. EXCEPTION: Two (2) ten -foot (10') wide driveways may be provided in lieu of one (1) eighteen -foot (18') wide driveway. C. Each driveway adjacent to a garage or parking space shall be a minimum of twenty -five feet (25') wide with a width of fifteen feet (15') to be totally unobstructed from the pavement upward. D. Every driveway shall be entirely paved. E. Community driveways shall be permitted provided the owners of the lots show proof of a recorded easement or other legal instruments authorizing the use of such shared driveway arrangement and provided that a Covenant in recordable form by its terms to be for the benefit of, enforceable by, and to be released only by the City, is executed by the owners of all property affected thereby. The Covenant shall state that such community driveway shall be usable by the tenants and owners of the properties proposed to be served by the driveway. Recordation of this instrument shall be completed prior to the issuance of a Building Permit. F. A fence or wall located at the side and rear property lines may not occupy more than a six -inch (6 ") wide portion of the required setback and /or landscaped area. G. Eaves, no portion which are less than thirteen feet (13') above the pavement, may overhang any such driveway a distance of not more than three feet (3'). H. Utility pole cross -arms and utility service wires may be located not less than thirteen feet (13') in height above the paved surface of any such driveway. 23 I. Whenever a driveway is located within a required side yard, a landscaped area at least a clear three feet (3') in width shall be maintained between the property line and the driveway, and a two foot (2') wide landscaped area shall be maintained between any driveway and building. 9254.2.10. OPEN SPACE. The following regulations shall apply: A. At least one hundred (100) square feet of contiguous private open space shall be provided for each ground floor dwelling unit. Such open space shall be directly accessible from the unit that it serves, and shall have a minimum dimension of ten feet (10'). B. At least fifty percent (50 %) of the cumulative required open space shall be landscaped and shall be maintained and provided with a permanent irrigation system. C. One (1) thirty -six inch (36 ") box tree for each twenty -five feet (25') of street frontage shall be provided in the front and /or street side yards. The specific locations of these trees are subject to the review and approval of the Development Services Director or designee. 9254.2.11. SWIMMING POOLS AND SPAS. The minimum distance between swimming pools or spas and the first floor access openings shall be as follows: A. When the diagonal dimension of a swimming pool or spa is less than nine (9) feet, said minimum distance shall be five (5) feet. B. When the diagonal dimension of a swimming pool or spa is nine (9) feet, said minimum distance shall be fifteen (15) feet. All pools, spas, and similar water features of eighteen (18) inches or more in depth shall be enclosed by a structure and /or fence, as required by the City's Building and Safety Codes. 24 9254.2.12. DISTANCE BETWEEN BUILDINGS. Buildings on the same property shall be assumed to have a property line between them and shall have a minimum separation of ten feet (10'). 9254.2.13. LAUNDRY ROOM. If a laundry area is not provided in every unit, a minimum of one (1) common laundry facility shall be provided with a minimum of one (1) washer and one (1) dryer for each ten (10) units and shall be centrally located to the unit to be served. 9254.2.14. TRASH AREAS. Each project shall be provided with a trash, garbage and refuse collection and loading area, which shall have a concrete approach and pad. Said area shall be completely screened from view by a covered enclosure of which three (3) sides shall consist of six -foot (6' high, fully grouted, decorative masonry walls, and fully enclosed with solid metal gates painted a color that is compatible with the enclosure walls. The interior dimensions of the enclosure shall provide for convenient access to the trash containers. The interior of the enclosure shall be equipped with minimum three (3) inch thick bumpers to prevent the containers from damaging the enclosure. The enclosures shall not be located in any required front, side or rear yard. 9254.2.14.1. RECYCLABLES COLLECTION AND LOADING AREAS. Lots developed with more than one (1) dwelling unit shall be provided with an area for the collection and loading of recyclables in accordance with the California Integrated Waste Management Act of 1989. That area shall have a concrete approach and pad, and completely screened from view by a covered enclosure of which three (3) sides shall consist of six -foot (6' high, fully grouted, decorative masonry walls, and fully enclosed with solid metal gates painted a color that is compatible with the enclosure walls. The 25 interior dimensions of the enclosure shall provide for convenient access to the collection containers. The interior of the enclosure shall be equipped, if necessary, with minimum three (3) inch thick bumpers to prevent the containers from damaging the enclosure. The enclosures shall not be located in any required front, side or rear yard. 9254.2.15. MECHANICAL EQUIPMENT. Mechanical and plumbing equipment, including, but not limited to, ventilation fans, heating, cooling and air conditioning equipment, water heaters, spa and pool equipment and any other similar equipment, shall not exceed the height limit prescribed in this Chapter and shall be screened from the street or placed on the roof below the ridge line out of view from the street(s). Said equipment shall not be located within any required front, side or rear yard setback. Exception: Tankless water heaters may encroach thirty inches (30 ") into any required interior side or rear yard provided that a minimum setback of four (4) feet is maintained. 9254.2.15.1. BACKFLOW PREVENTION DEVICES. Backflow prevention devices, if located within a front yard or a side yard on the street side of a corner lot, shall be screened as follows: A. On backflow devices with piping sizes of three (3) inches or larger, screening is required by either a decorative masonry wall or planter box, as per the current standards on file in the Development Services Department. B. Backflow devices with piping sizes of two and one -half (2 ' /2) inches and smaller must be screened by either planting or a decorative masonry wall, as per the current standards on file in the Development Services Department. 26 C. The required screening material shall be architecturally compatible with the on- site development, and subject to the review and approval of the Development Services Director or designee. 9254.2.16. UTILITIES. All utilities on the site for direct service to the area thereon shall be installed underground except as otherwise approved by the City Council by approval of a precise plan of design. The owner or developer is responsible for complying with the requirements of this Section and shall make the necessary arrangements as required by the serving utilities for the installation of such facilities. For the purpose of this Section, appurtenances and associated equipment such as, but not limited to, surface mounted transformers, pedestal mounted terminal boxes and meter cabinets, and concealed ducts in an underground system may be terminated above ground. 9254.2.17. EXTERIOR LIGHTING. Exterior lighting shall be hooded and arranged to reflect away from adjoining properties and streets. Light standards shall comply with the provisions for accessory buildings and exterior light fixtures may be mounted on any exterior wall or structure at a maximum of fifteen feet (15') above the adjacent finished grade level. 9254.2.18. FENCES, WALLS AND GATES. Fences, walls and /or gates are prohibited within front and street side yard areas, except for guard rails and hand rails required for safety protection up to the minimum height required by the Building Code. Such guard rails and hand rails shall be subject to Architectural Design Review. For the purposes of this Section, the front and street side yard areas shall be defined as the 27 areas extending across the full width or length of the lot between any street frontage lot line and the front of any building nearest the street. EXCEPTION: Temporary construction fencing that is of chain -link or wire type may be permitted within the front and street side yard areas, provided it does not exceed six (6) feet in height. The need for any retaining walls and their height shall be determined by the City Engineer. 9254.2.18.1. FENCES AND WALLS. SIDE AND REAR YARD AREAS. Fences and walls located within the required side and rear yard areas are permitted up to six (6) feet in height. Measurement of a Fence or Wall Height. The fence or wall height shall be measured from the lowest adjacent grade at the base to the uppermost part of the fence or wall (see Figure 3). Figure 3 When there is a difference in grade between properties, a fence or wall is permitted up to six (6) feet in height adjacent to the rear and side property lines if said fence or wall maintains a minimum setback that is equal to the difference in grade between the properties. When there is no difference in grade between properties, a wall or fence 28 shall comply with the height limitations unless it complies with the setbacks required for an accessory building (see Figure 4). Figure 4 EXCEPTION: If the grade has been altered by previous grading, the finished grade shall be subject to review and approval by the Development Services Director or designee. No spears (i.e. apache, aristocrat with crushed spears, or any spearlike features) shall be permitted on a fence, wall, or gate. Chain link, corrugated fiberglass, bamboo fencing, and wire type fencing are not permitted. 9254.2.18.3. VEHICULAR VISIBILITY STANDARDS FOR DRIVEWAYS AND INTERSECTIONS. On corner lots located at the intersection of two or more streets, alleys, or common driveways no buildings, structures, fences, walls, gates, hedge shrubbery, landscape architectural features or dense landscaping shall exceed three (3) feet in height within twenty -five (25) feet of the intersection. At driveways, the minimum height shall be three (3) feet within fifteen (15) feet of the driveways intersection with the street and /or sidewalk (see Figure 5)." 29 Figure 5 SECTION 4. The City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of same to be published in the official newspaper of said City within fifteen (15) days after its adoption. This Ordinance shall take effect on the thirty -first (31 day after its adoption. Passed, approved and adopted this day of , 2010. ATTEST: City Clerk APPROVED AS TO FORM: Stephen P. Deitsch City Attorney 4-aati 30 Mayor of the City of Arcadia ORDINANCE NO. 2273 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING VARIOUS SECTIONS OF ARTICLE IX OF THE ARCADIA MUNICIPAL CODE TO ENACT THE 2010 GENERAL PLAN UPDATE PROJECT AND ADDRESS NEW LOCAL AND STATE REGULATIONS AND STANDARDS. THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Article IX, Chapter 2, Part 2, Section 9220.1 of the Arcadia Municipal Code is hereby amended to read as follows: "9220.1. ACCESSORY BUILDING. Accessory building means a building, which is subordinate to the main dwelling on the same lot. This includes, but is not limited to a detached garage, gazebo, pergola, cabana, pool house, recreation room, trellis, and covered patio. When a structure abuts or is joined to the wall of the main dwelling and there is access to the main dwelling, such structure shall be counted as part of the main dwelling." SECTION 2. Section 9220.18.4 is hereby renumbered to 9220.18.5 and a new Section 9220.18.4 is hereby added to Article IX, Chapter 2, Part 2 of the Arcadia Municipal Code to read as follows: "9220.18.4 DOWNTOWN MIXED USE. A zoning designation that allows a development that integrates compatible commercial or retail uses, or both, with residential uses and that because of its proximity to jobs, shopping, and residences, will minimize new vehicle trip generation." 1 SECTION 3. Article IX, Chapter 2, Part 2, Section 9220.2 of the Arcadia Municipal Code is hereby amended to read as follows: "9220.2. ACCESSORY DWELLING UNITS. Accessory Dwelling Units are separate living units that may include a separate kitchen, sleeping, and bathroom facilities, and are detached from the main dwelling unit on a single - family lot. Accessory Dwelling Units are subordinate in size, location, and appearance to the main dwelling unit." SECTION 4. Article IX, Chapter 2, Part 2, Section 9220.21 of the Arcadia Municipal Code is hereby amended to read as follows: "9220.21 DWELLING, ONE FAMILY. One - Family Dwelling is a detached building designed exclusively for occupancy by one family. This definition includes manufactured homes, installed in compliance with California Government Code Section 65852.3." SECTION 5. A new Section 9220.24.1 is hereby added to Article IX, Chapter 2, Part 2 of the Arcadia Municipal Code to read as follows: "9220.24.1 EMERGENCY SHELTER. Pursuant to Section 50801(e) of the California Health and Safety Code, an emergency shelter is housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person." SECTION 6. Article IX, Chapter 2, Part 2, Section 9220.25 of the Arcadia Municipal Code is hereby amended to read as follows: "9220.25 FAMILY. Two or more persons living together as a single housekeeping unit in a dwelling unit. This term does not include a boarding house." 2 SECTION 7. Article IX, Chapter 2, Part 2, Section 9220.25.1 of the Arcadia Municipal Code is hereby amended to read as follows: "9220.25.1 FLOOR AREA RATIO. Floor Area Ratio (FAR) is the maximum non - residential building square footage that may be permitted. FAR is measured by dividing building square footage by lot area existing prior to development. For Regional Shopping Centers, Gross Leasable Area shall be used to determining building square footage. For all other land uses, Gross Floor Area shall be used to determine building square footage." SECTION 8. Article IX, Chapter 2, Part 2, Section 9220.25.2 of the Arcadia Municipal Code is hereby amended to read as follows: "9220.25.2 GROSS FLOOR AREA. Gross Floor Area shall be the total dimensions on each floor as measured from the outside wall." SECTION 9. Article IX, Chapter 2, Part 2, Section 9220.25.3 of the Arcadia Municipal Code is hereby amended to read as follows: "9220.25.3 GROSS LEASABLE AREA. Gross leasable area shall be the total floor area designed for the tenant's occupancy and exclusive use, including basements, mezzanines or upper floors expressed in square feet and measured from the centerline of joint partitions and from outside wall faces. It is the space for which tenants pay rent, including sales areas." SECTION 10. Section 9220.45.1.1 is hereby renumbered to Section 9220.45.1.3, and a new Section 9220.45.1.1 is hereby added to Article IX, Chapter 2, Part 2 of the Arcadia Municipal Code to read as follows: 3 "9220.45.1.1 MANUFACTURED HOME. A manufactured home is a single - family house constructed entirely in a controlled factory environment, built to the federal Manufactured Home Construction and Safety Standards (better known as the HUD Code). Manufactured homes are considered single - family dwelling units or one - family dwellings." SECTION 11. A new Section 9220.45.1.2 is hereby added to Article IX, Chapter 2, Part 2 of the Arcadia Municipal Code to read as follows: "9220.45.1.2 MANUFACTURED HOME PARK. Any area or tract of land where space is rented or held for rent to two or more owners or users of manufactured homes or mobile homes. Manufactured Home Parks are permissible in R -2 or R -3 zoning districts subject to the submittal of a Specific Plan application per Section 9296 et. seq." SECTION 12. A new Section 9220.45.1.4 is hereby added to Article IX, Chapter 2, Part 2 of the Arcadia Municipal Code to read as follows: "9220.45.1.4 MIXED USE. A zoning designation that allows the combination of commercial and residential uses in the same structure and the residential component is located above the nonresidential component. Nonresidential uses are typically commercial uses and the primary activity on the ground floor space in a project." SECTION 13. A new Section 9220.45.1.5 is hereby added to Article IX, Chapter 2, Part 2 of the Arcadia Municipal Code to read as follows: "9220.45.1.5 MOBILE HOME. A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers. The term includes, but is not limited to, the 4 5 definition of "mobile home," as set forth in regulations governing the Mobile Home Safety and Construction Standards Program, 924 CFR 3282.7(a). A mobile home is only permitted within a Manufactured Home Park." SECTION 14. Article IX, Chapter 2, Part 2, Section 9220.50.1 of the Arcadia Municipal Code is hereby amended to read as follows: "9220.50.1 REGIONAL SHOPPING CENTER. For the purpose of determining parking regulations, a Regional Shopping Center shall mean a planned, integrated commercial development comprising not less than seven hundred fifty thousand (750,000) square feet of gross leasable area." SECTION 15. A new Section 9220.50.2 is hereby added to Article IX, Chapter 2, Part 2 of the Arcadia Municipal Code to read as follows: "9220.50.2 RESIDENTIAL CARE FACILITY — GENERAL. Any State licensed facility, place, or structure that is maintained and operated to provide non - medical, day- care, or foster agency services for seven or more adults, children, or adults and children as defined in Article 1 of Chapter 3 of the California Health and Safety Code, Section 1500 et seq. This use includes the administration of limited health care assistance and includes facilities serving those with disabilities." SECTION 16. A new Section 9220.50.3 is hereby added to Article IX, Chapter 2, Part 2 of the Arcadia Municipal Code to read as follows: "9220.50.3 RESIDENTIAL CARE FACILITY — LIMITED. Any State licensed facility, place, or structure that is maintained and operated to provide non - medical, day- care, or foster agency services for six or fewer adults, children, or adults and children as defined in Article 1 of Chapter 3 of the California Health and Safety Code, Section 1500 et seq. This use includes the administration of limited health care assistance and includes facilities serving those with disabilities. Uses considered a Residential Care . Facility- Limited are permitted by right as required by State law in all zones that allow residential uses by right." SECTION 17. A new Section 9220.62 is hereby added to Article IX, Chapter 2, Part 2 of the Arcadia Municipal Code to read as follows: "9220.62 SUPPORTIVE HOUSING - GENERAL. A State licensed facility providing housing with no limit on length of stay to be occupied by seven or more individuals of a target population and linked to on -site or off -site services that assist the occupants to retain the housing, improve their health status, and maximize their ability to live in the community." SECTION 18. A new Section 9220.62.1 is hereby added to Article IX, Chapter 2, Part 2 of the Arcadia Municipal Code to read as follows: "9220.62.1 SUPPORTIVE HOUSING — LIMITED. A State licensed facility providing housing with no limit on length of stay to be occupied by six or fewer individuals of a target population and linked to on -site or off-site services that assist the occupants to retain the housing, improve their health status, and maximize their ability to live in the community. Supportive Housing- Limited facilities are permitted by right as required by State law in all zones that allow residential uses by right." SECTION 19. A new Section 9220.65.1 is hereby added to Article IX, Chapter 2, Part 2 of the Arcadia Municipal Code to read as follows: "9220.65.1 TRANSITIONAL HOUSING — GENERAL. A State licensed facility that has as its purpose the facilitating of the movement of seven or more homeless 6 7 individuals and families into permanent housing within a reasonable amount of time (no Tess than six months)." SECTION 20. A new Section 9220.65.2 is hereby added to Article IX, Chapter 2, Part 2 of the Arcadia Municipal Code to read as follows: "9220.65.2 TRANSITIONAL HOUSING — LIMITED. A State licensed facility that has as its purpose facilitating of the movement of six or fewer homeless individuals and families into permanent housing within a reasonable amount of time (no less than six months). Transitional Housing- Limited facilities are permitted by right as required by State law in all zones that allow residential uses by right." SECTION 21. Article IX, Chapter 2, Part 5, Division 0, Section 9250.2.5 of the Arcadia Municipal Code is hereby amended to read as follows: "9250.2.5 ACCESSORY DWELLING UNITS. Accessory dwelling units shall comply with the following regulations: A. Location and Operation Standards: 1. An accessory dwelling unit may be constructed on any legal parcel of 15,000 square feet or more. 2. No more than one accessory dwelling unit shall be allowed on a property. 3. Accessory dwelling units shall only be built when there is an existing single - family residence (e.g. primary residence) on the site. If a site is vacant, an accessory dwelling unit may be constructed at the same time as the primary residence, however no certificate of occupancy may be issued unless and until a certificate of occupancy is issued for the primary residence. 4. Accessory dwelling units shall not be attached in any way to any other building, except for a garage or carport that serves the accessory dwelling unit, and shall not be within ten (10) feet of another building. Accessory dwelling units shall not be attached to the main residence. 5. A covenant in a form approved by the City Attorney shall be required to be filed for each accessory dwelling unit, requiring that the accessory dwelling unit shall not be sold independently of the main dwelling unit and parcel. B. Development Standards: 1. Except as identified in this Subsection, accessory dwelling units shall comply with all the development standards (e.g. setbacks, lot coverage, height, encroachment plane, etc. that apply to the primary residence). 2. An accessory dwelling unit shall not be more than 600 square feet of gross floor area, not including a covered porch, covered patio, or trellis, and a garage or carport that serves the accessory dwelling unit. 3. An accessory dwelling unit shall be limited to a height of one -story, not to exceed twelve (12) feet in height to the top of the plate and sixteen (16) feet to the highest ridgeline, and shall not exceed the height of the primary residence. 4. An accessory dwelling unit shall be provided with a minimum of one (1) on- street parking space (covered or uncovered) in a designated location outside of the required front or street -side yard setbacks. SECTION 22. Section 9251.1.2 of Chapter 2, Part 5, Division 1 of Article IX is hereby deleted in its entirety. 9 SECTION 23. Article IX, Chapter 2, Part 5, Division 1, Section 9251.2.3.1 of the Arcadia Municipal Code is hereby amended to read as follows: "9251.2.3.1. CORNER LOTS. On corner lots the required side yard setback adjoining the interior lot shall be as specified in Section 9252.2.3. The required side yard setback on the street side of a corner lot shall not be less than twenty (20) feet, unless a greater setback is specified in Chapter 3 of this Article. Any portion of a single story in excess of twelve (12) feet high and /or any portion of a second story including second story architectural features and walls shall be setback not less than twenty (20) feet or twenty percent (20 %) of the width of the lot as measured at the front property line; whichever is greater, unless a greater setback is specified in Chapter 3 of this Article. The lot width for determining setbacks on lots with more than fifty percent (50 %) frontage on a cul -de -sac terminus shall be measured at the required building setback line. On corner lots an attached garage portion of a main dwelling that does not exceed one (1) story and sixteen (16) feet in height may be located not Tess than fifteen (15) feet from the rear property line. No portion of any structure shall encroach through a plane projected from an angle of forty (40) degrees as measured at the ground level along the street side property line. The point shall be located at the intersection of a horizontal projection of the adjacent grade elevation and its intersection with the street side property line. Architectural projections, with the exception of roof eaves shall not project into the required setback." SECTION 24. Article IX, Chapter 2, Part 5, Division 1, Section 9251.2.3.2 of the Arcadia Municipal Code is hereby amended to read as follows: "9251.2.3.2. SIDE YARDS. REVERSE CORNER LOT. On reverse corner lots, the required side yard adjoining the interior lot shall be as specified in Section 9251.2.3. The required side yard on the street side of a reverse corner lot shall be not less than twenty -five (25) feet, unless a greater setback is specified in Chapter 3 of this Article. Any portion of a single story in excess of twelve (12) feet high measured from the adjacent finished grade to the top plate and /or any portion of a second story, including second story architectural features and wall, shall be set back twenty (20) feet or twenty percent (20 %) of the width of the lot as measured at the front property line, whichever is greater, unless a greater setback is specified in Chapter 3 of this Article. On reverse corner lots an attached garage portion of a main dwelling that does not exceed one (1) story and sixteen (16) feet in height may be located not less than fifteen (15) feet from the rear property line. No portion of any structure shall encroach through a plane projected from an angle of forty (40) degrees as measured at the ground level along the street side property line. The point shall be located at the intersection of a horizontal projection of the adjacent grade elevation and its intersection with the street side property line. Architectural projections, with the exception of building eaves shall not project into the required setback. The lot width for determining setbacks on lot with more than fifty percent (50 %) frontage on a cul -de -sac terminus shall be measured at the required front setback line." 10 SECTION 25. Section 9251.2.9. of Chapter 2, Part 5, Division 1 of Article IX is hereby deleted in its entirety. SECTION 26. Article IX, Chapter 2, Part 5, Division 1, Section 9251.2.9.1 of the Arcadia Municipal Code is hereby amended to read as follows: "9251.2.9.1. ACCESSORY BUILDINGS. REGULATIONS. Accessory buildings, except for accessory dwelling units are not to be used as dwelling units. Accessory buildings may not have more than one (1) story, exceed more than sixteen (16) feet in height, occupy more than twenty -five percent (25 %) of a required rear yard, be located within five (5) feet of a rear lot line nor within ten (10) feet of another building, contain more than one (1) room and one (1) three - quarter (3/4) bathroom. Side yard setbacks for accessory buildings shall be the same as those specified for main dwellings in this Division. The total floor area of detached accessory building(s), not including accessory dwelling units shall not exceed fifty percent (50 %) of the ground floor area of the main dwelling." SECTION 27. Article IX, Chapter 2, Part 5, Division 1, Section 9251.2.10.3 of the Arcadia Municipal Code is hereby amended to read as follows: "9251.2.10.3 ACCESSORY DWELLING UNITS. Accessory dwelling units shall comply with the following regulations: A. Location and Operation Standards: 1. An accessory dwelling unit may be constructed on any legal parcel of 15,000 square feet or more. 2. No more than one accessory dwelling unit shall be allowed on a property. 11 3. Accessory dwelling units shall only be built when there is an existing single - family residence (e.g. primary residence) on the site. If a site is vacant, an accessory dwelling unit may be constructed at the same time as the primary residence, however no certificate of occupancy may be issued unless and until a certificate of occupancy is issued for the primary residence. 4. Accessory dwelling units shall not be attached in any way to any other building, except for a garage that serves the accessory dwelling unit, and shall not be within ten (10) feet of another building. Accessory dwelling units shall not be attached to the main residence. 5. A covenant in a form approved by the City Attorney shall be required to be filed for each accessory dwelling unit, requiring that the accessory dwelling unit shall not be sold independently of the main dwelling unit and parcel. B. Development Standards: 1. Except as identified in this Subsection, accessory dwelling units shall comply with all the development standards (e.g. setbacks, lot coverage, height, encroachment plane, etc. that apply to the primary residence). 2. An accessory dwelling unit shall not be more than 600 square feet of gross floor area, not including a covered porch, covered patio, trellis, and a garage or carport that serves the accessory dwelling unit. 3. An accessory dwelling unit shall be limited to a height of one - story, not exceed twelve (12) feet in height to the top of the plate and sixteen (16) feet to the highest ridgeline, and shall not exceed the height of the primary residence. 12 4. An accessory dwelling unit shall be provided with a minimum of one (1) on -site parking space (covered or uncovered) in a designated location outside of the required front or street -side yard setbacks." SECTION 28. Section 9252.1.2 of Chapter 2, Part 5, Division 2 of Article IX is hereby deleted in its entirety. SECTION 29. Article IX, Chapter 2, Part 5, Division 2, Section 9252.2.3.1 of the Arcadia Municipal Code is hereby amended to read as follows: "9252.2.3.1. CORNER LOTS. On corner lots the required side yard setback adjoining the interior lot shall be as specified in Section 9252.2.3. The required side yard setback on the street side of a corner lot shall not be less than twenty (20) feet, unless a greater setback is specified in Chapter 3 of this Article. Any portion of a single story in excess of twelve (12) feet high and /or any portion of a second story including second story architectural features and walls shall be setback not less than twenty (20) feet or twenty percent (20 %) of the width of the lot as measured at the front property line; whichever is greater, unless a greater setback is specified in Chapter 3 of this Article. The lot width for determining setbacks on lots with more than fifty percent (50 %) frontage on a cul -de -sac terminus shall be measured at the required building setback line. On corner Tots an attached garage portion of a main dwelling that does not exceed one (1) story and sixteen (16) feet in height may be located not less than fifteen (15) feet from the rear property line. No portion of any structure shall encroach through a plane projected from an angle of forty (40) degrees as measured at the ground level along the street side 13 property line. The point shall be located at the intersection of a horizontal projection of the adjacent grade elevation and its intersection with the street side property line. Architectural projections, with the exception of roof eaves shall not project into the required setback." SECTION 30. Article IX, Chapter 2, Part 5, Division 2, Section 9252.2.3.2 of the Arcadia Municipal Code is hereby amended to read as follows: "9252.2.3.2. SIDE YARDS. REVERSE CORNER LOT. On reverse corner lots, the required side yard adjoining the interior lot shall be as specified in Section 9251.2.3. The required side yard on the street side of a reverse corner lot shall be not less than twenty -five (25) feet, unless a greater setback is specified in Chapter 3 of this Article. Any portion of a single story in excess of twelve (12) feet high measured from the adjacent finished grade to the top plate and /or any portion of a second story, including second story architectural features and wall, shall be set back twenty (20) feet or twenty percent (20 %) of the width of the lot as measured at the front property line, whichever is greater, unless a greater setback is specified in Chapter 3 of this Article. On reverse corner lots an attached garage portion of a main dwelling that does not exceed one (1) story and sixteen (16) feet in height may be located not Tess than fifteen (15) feet from the rear property line. No portion of any structure shall encroach through a plane projected from an angle of forty (40) degrees as measured at the ground level along the street side property line. The point shall be located at the intersection of a horizontal projection of the adjacent grade elevation and its intersection with the street side property line. 14 15 Architectural projections, with the exception of building eaves shall not project into the required setback. The lot width for determining setbacks on lot with more than fifty percent (50 %) frontage on a cul -de -sac terminus shall be measured at the required front setback line." SECTION 31. Section 9252.2.9. of Chapter 2, Part 5, Division 2 of Article IX is hereby deleted in its entirety. SECTION 32. Article IX, Chapter 2, Part 5, Division 2, Section 9252.2.9.1 of the Arcadia Municipal Code is hereby amended to read as follows: "9252.2.9.1. ACCESSORY BUILDINGS. REGULATIONS. Accessory buildings, except for accessory dwelling units are not to be used as dwelling units. Accessory buildings may not have more than one (1) story, exceed more than sixteen (16) feet in height, occupy more than twenty -five percent (25 %) of a required rear yard, be located within five (5) feet of a rear lot line nor within ten (10) feet of another building, contain more than one (1) room and one (1) three - quarter (3/4) bathroom. Side yard setbacks for accessory buildings shall be the same as those specified for main dwellings in this Division. The total floor area of detached accessory building(s), not including accessory dwelling units shall not exceed fifty percent (50 %) of the ground floor area of the main dwelling." SECTION 33. Section 9252.2.9.2 of Chapter 2, Part 5, Division 2 of Article IX is hereby deleted in its entirety. SECTION 34. Article IX, Chapter 2, Part 5, Division 2, Section 9252.2.9.3 of the Arcadia Municipal Code is hereby amended to read as follows: "9252.2.9.3 ACCESSORY DWELLING UNITS. Accessory dwelling units shall comply with the following regulations: A. Location and Operation Standards: 1. An accessory dwelling unit may be constructed on any legal parcel of 15,000 square feet or more. 2. No more than one accessory dwelling unit shall be allowed on a property. 3. Accessory dwelling units shall only be built when there is an existing single - family residence (e.g. primary residence) on the site. If a site is vacant, an accessory dwelling unit may be constructed at the same time as the primary residence, however no certificate of occupancy may be issued unless and until a certificate of occupancy is issued for the primary residence. 4. Accessory dwelling units shall not be attached in any way to any other building, except for a garage that serves the accessory dwelling unit, and shall not be within ten (10) feet of another building. Accessory dwelling units shall not be attached to the main residence. 5. A covenant in a form approved by the City Attorney shall be recorded for each accessory dwelling unit, requiring that the accessory dwelling unit shall not be sold independently of the main dwelling unit and parcel. B. Development Standards: 1. Except as identified in this Subsection, accessory dwelling units shall comply with all the development standards (e.g. setbacks, lot coverage, height, encroachment plane, etc. that apply to the primary residence). 16 17 2. An accessory dwelling unit shall not be more than 600 square feet of gross floor area, not including a covered porch, covered patio, trellis, and a garage or carport that serves the accessory dwelling unit. 3. An accessory dwelling unit shall be limited to a height of one -story, not exceed twelve (12) feet in height to the top of the plate and sixteen (16) feet to the highest ridgeline, and shall not exceed the height of the primary residence. 4. An accessory dwelling unit shall be provided with a minimum of one (1) on -site parking space (covered or uncovered) in a designated location outside of the required front or street -side yard setbacks." SECTION 35. Article IX, Chapter 2, Part 5, Division 3, Section 9253.1.1 of the Arcadia Municipal Code is hereby amended to read as follows: "9253.1.1. SINGLE - FAMILY DWELLINGS. Single- family dwellings of a permanent character. A new or expansion to an existing single - family dwelling shall be reviewed pursuant to the regulations contained in the R -2 zone." SECTION 36. Article IX, Chapter 2, Part 5, Division 3, Section 9253.2.5 of the Arcadia Municipal Code is hereby amended to read as follows: "9253.2.5. - SIDE YARD. On interior Tots there shall be a side yard on each side of every building of not less than ten feet (10') On corner lots the required side yard adjoining the interior lot shall be ten feet (10') The required side yard on the street side of a corner lot shall not be less than the required front yard setback for the side street. EXCEPTION. On Tots that are less than sixty -five feet (65') in width the enclosed single - story garage portion of a dwelling unit may encroach a maximum of five feet (5') into the required interior side yard setback, provided that there shall be no living space in said enclosed garage encroachment. " SECTION 37. Article IX, Chapter 2, Part 5, Division 3, Section 9253.2.6 of the Arcadia Municipal Code is hereby amended to read as follows: "9253.2.6. REAR YARD. There shall be a rear yard of not less than ten feet (10') in depth." SECTION 38. Section 9253.2.8 of Chapter 2, Part 5, Division 3 of Article IX is hereby deleted in its entirety. SECTION 39. Article IX, Chapter 2, Part 5, Division 3, Section 9253.2.9 of the Arcadia Municipal Code is hereby amended to read as follows: "9253.2.9. PARKING. The following regulations shall apply to parking: A. Two (2) covered parking spaces shall be provided and assigned to each dwelling unit. B. On lots containing more than one (1) dwelling unit, guest parking shall be provided at the rate of one (1) parking space for every two (2) dwelling units. When the calculation results in a number other than a whole number, the requirement shall be rounded to the next higher whole number. C. Structures used principally for parking shall not be higher than one (1) story. D. Each parking space shall have clear dimensions at least of nine feet (9') in width by nineteen feet (19') in depth. 18 19 yards. E. Safe ingress and egress shall be provided for each parking space by a twenty- five -foot (25') turning radius and /or a minimum of twenty -five feet (25') of back out space directly adjacent to said parking space. F. No portion of any required driveway may be used to fulfill any parking space requirements. G. Adequate bumper guards shall be provided to protect from damage the interior wall of garages and /or the supports of carports. H. A clear three -foot (3') wide planting area shall be landscaped and so maintained between any open parking space and adjoining property lines. I. No parking shall be permitted within required front and /or street -side J. Each required guest parking space shall have clear dimensions of at least nine feet (9') in width by nineteen feet (19') in depth. K. "Guest Parking Only" signs with letters not Tess than two inches (2 ") in height shall be properly located to designate guest parking spaces." SECTION 40. Article IX, Chapter 2, Part 5, Division 3, Section 9253.2.10 of the Arcadia Municipal Code is hereby amended to read as follows: "9253.2.10. DRIVEWAY REQUIREMENTS. The following shall apply to driveways: A. Any driveway to a parking space shall be at least ten feet (10') wide and shall be totally unobstructed from the pavement upward, except as provided in this Title. B. Every driveway serving as access to more than twelve (12) required parking spaces or which is more than one hundred twenty -five feet (125') long shall be not less than eighteen feet (18') wide and shall be totally unobstructed from the pavement upward, except as provided in this Title. EXCEPTION: Two (2) ten foot (10') wide driveways may be provided in lieu of one (1) eighteen -foot (18') wide driveway; provided that one (1) driveway is specified for ingress only and the other driveway is specified for egress only. C. Each driveway adjacent to a parking space shall have a width that provides the required safe ingress and egress and shall be totally unobstructed from the pavement upward, except as provided in this title. D. Every driveway shall be entirely paved. E. Community driveways shall be permitted provided that the owners of the lots show proof of a recorded easement or other legal instruments authorizing the use of such shared driveway arrangement and provided that a Covenant in recordable form approved by the City Attorney is by its terms to be for the benefit of, enforceable by, and to be released only by the City, and is executed by all the owners of all property affected thereby. The Covenant shall state that such community driveway shall be usable by the tenants and owners of the properties proposed to be served by the community driveway. Recordation of this instrument shall be completed prior to the issuance of a Building Permit. F. Eaves, no portion of which is Tess than thirteen feet (13') above the pavement, may overhang any driveway a distance of not more than three feet (3'). G. Utility pole cross -arms and utility service wires may be located not less than thirteen feet (13') in height above the paved surface of any driveway. 20 21 H. Whenever a driveway is located within a required side yard, a landscaped area at least a clear three feet (3') in width shall be maintained between the property line and the driveway. I. A clear two -foot (2') wide landscaped area shall be maintained between any driveway and any building." SECTION 41. Article IX, Chapter 2, Part 5, Division 3, Section 9253.2.11 of the Arcadia Municipal Code is hereby amended to read as follows: "9253.2.11. OPEN SPACE. The following regulations shall apply: A. At least one hundred (100) square feet of contiguous private open space shall be provided for each dwelling unit. Such open space shall be directly accessible from the unit it serves and shall have a minimum dimension of ten feet (10'). B. At least fifty percent (50 %) of the cumulative required open space shall be landscaped and shall be maintained and provided with a permanent automated irrigation system. C. One (1) thirty -six inch (36 ") box tree for each twenty -five feet (25') of street frontage and /or side frontage shall be provided in the front and /or street side yards. The specific locations of these trees are subject to the review and approval of the Development Services Director or designee." SECTION 42. Section 9253.2.13 of Chapter 2, Part 5, Division 3 of Article IX is hereby deleted in its entirety. SECTION 43. Article IX, Chapter 2, Part 5, Division 3, Section 9253.2.14 of the Arcadia Municipal Code is hereby amended to read as follows: "9253.2.14. DISTANCE BETWEEN BUILDINGS. Buildings on the same lot shall have a minimum separation of ten feet (10')." SECTION 44. Article IX, Chapter 2, Part 5, Division 3, Section 9253.2.15 of the Arcadia Municipal Code is hereby amended to read as follows: "9253.2.15. LAUNDRY ROOM. If a laundry area is not provided in every unit, a common laundry area shall be provided with a minimum of one (1) washer and one (1) dryer for each ten (10) units and shall be centrally located to the units to be served." SECTION 45. Article IX, Chapter 2, Part 5, Division 5, Section 9255.1.1 of the Arcadia Municipal Code is hereby amended to read as follows: "9255.1.1. DWELLING UNITS. Two or more dwelling units, including single - family dwellings, multiple family dwellings and /or cooperative dwellings constructed in accordance with the regulations of Article VIII of this Code relating to the Multiple - Family Construction Standards. EXCEPTION: If a lot that is regulated by this Division has a width of fifty feet (50') or less, it may be developed with only one (1) single - family dwelling. Such a development shall be considered through the Modification process and is subject to the review and approval of the Modification Committee. A new or expansion to an existing single - family dwelling shall be reviewed pursuant to the regulations contained in the R -3 zone." SECTION 46. Article IX, Chapter 2, Part 5, Division 5, Section 9255.2.4 of the Arcadia Municipal Code is hereby amended to read as follows: "9255.2.4. SIDE YARD. On interior lots there shall be a side yard on each side of every building of not less than ten feet (10'). On corner lots the required side yard adjoining the interior lot shall be ten feet (10'). The required side yard on the street side 22 23 of a corner lot shall not be less than the required front yard setback for the side street. EXCEPTION: On lots that are less than sixty -five feet (65') in width the enclosed single - story garage portion of a dwelling unit may encroach a maximum of five feet (5') into the required interior side yard setback, provided that there shall be no living space in said enclosed garage encroachment." SECTION 47. Article IX, Chapter 2, Part 5, Division 5, Section 9255.2.5 of the Arcadia Municipal Code is hereby amended to read as follows: "9255.2.5. REAR YARD. There shall be a rear yard of not Tess than ten feet (10') in depth." SECTION 48. Article IX, Chapter 2, Part 5, Division 5, Section 9255.2.7 of the Arcadia Municipal Code is hereby amended to read as follows: "9255.2.7. DWELLING UNIT DENSITY. Maximum density: one dwelling unit per one thousand four hundred fifty (1,450) square feet of lot area (30 dwelling units per acre). Minimum density: one dwelling unit per two thousand two hundred (2,200) square feet of lot area (20 dwelling units per acre)." SECTION 49. Article IX, Chapter 2, Part 5, Division 5, Section 9255.2.9 of the Arcadia Municipal Code is hereby amended to read as follows: "9255.2.9. PARKING. The following regulations shall apply to parking: A. Two (2) covered parking spaces shall be provided and assigned to each dwelling unit. Structures used principally for parking shall not be higher than one (1) story. B. On Tots containing more than one (1) dwelling unit, guest parking shall be provided at the rate of one (1) parking space for every two (2) dwelling units. Where the calculation results in a number other than a whole number, the requirement shall be rounded to the next higher whole number. C. Each parking space shall have clear dimension of nine feet (9') in width by nineteen feet (19') in depth. D. Safe ingress and egress shall be provided for each parking space by a twenty- five -foot (25') turning radius and /or a minimum of twenty -five feet (25') of back out space directly adjacent to said parking space. E. No portion of any required driveway may be used to fulfill any such parking space requirements. F. Adequate bumper guards shall be provided to protect from damage the interior wall of garages and /or the supports of carports. G. A clear three -foot (3') wide planting area shall be landscaped and so maintained between any open parking space and adjoining property lines. H. No parking shall be permitted within required front and /or street side yards. I. Each required guest parking space shall have clear dimension of nine feet (9') in width by nineteen feet (19') in depth. J. "Guest Parking Only" signs with letters not less than two inches (2 ") in height shall be properly located to designate guest parking spaces." SECTION 50. Article IX, Chapter 2, Part 5, Division 5, Section 9255.2.10 of the Arcadia Municipal Code is hereby amended to read as follows: 24 25 "9255.2.10. - DRIVEWAY REQUIREMENTS. The following shall apply to driveways: A. Any driveway to a parking space shall be at least ten feet (10') wide and shall be totally unobstructed from the pavement upward, except as provided in this Title. B. Every driveway serving as access to more than twelve (12) required parking spaces or which is more than one hundred twenty -five feet (125') long, shall be not less than eighteen feet (18') wide and shall be totally unobstructed from the pavement upward, except as provided in this Title. EXCEPTION: Two (2) ten -foot (10') wide driveways may be provided in lieu of one (1) eighteen -foot (18') wide driveway; provided that one (1) driveway is specified for ingress only and the other driveway is specified for egress only. C. Each driveway adjacent to the rear of a parking space shall have a width that provides the required safe ingress and egress and shall be totally unobstructed from the pavement upward, except as provided in this Title. D. Every driveway shall be entirely paved. E. Community driveways shall be permitted provided the owners of the lots show proof of a recorded easement or other legal instruments authorizing the use of such shared driveway arrangements and provided that a Covenant in recordable form approved by the City Attorney, is by its terms to be for the benefit of, enforceable by, and to be released only by the City, and is executed by all the owners of all property affected thereby. The Covenant shall state that such community driveway shall be usable by the tenants and owners of the properties proposed to be served by the community driveway. Recordation of this instrument shall be completed prior to the issuance of a Building Permit. F. Eaves, no portion of which is Tess than thirteen feet (13') above the pavement, may overhang any driveway a distance of not more than three feet (3'). G. Utility pole cross -arms and utility service wires may be located not less than thirteen feet (13') in height above the paved surface of any driveway. H. Whenever a driveway is located within a required side yard, a landscaped area at least a clear three feet (3') in width shall be maintained between the property line and the driveway. I. A clear two foot (2') wide landscaped area shall be maintained between any driveway and building." SECTION 51. Article IX, Chapter 2, Part 5, Division 5, Section 9255.2.11 of the Arcadia Municipal Code is hereby amended to read as follows: "9255.2.11. OPEN SPACE. The following regulations shall apply: A. At least one hundred (100) square feet of contiguous private open space shall be provided for each dwelling unit. Such open space shall be directly accessible from the unit, which it serves, and shall have a minimum dimension of ten feet (10'). B. At least fifty percent (50 %) of the cumulative required open space shall be landscaped and shall be maintained and provided with a permanent irrigation system. C. One (1) thirty -six inch (36 ") box tree for each twenty -five feet (25') of street frontage shall be provided in the front and /or street side yards. The specific locations of these trees are subject to the review and approval of the Development Services Director or designee." 26 SECTION 52. Article IX, Chapter 2, Part 5, Division 5, Section 9255.2.14 of the Arcadia Municipal Code is hereby amended to read as follows: "9255.2.14. DISTANCE BETWEEN BUILDINGS. Buildings on the same lot shall have a minimum separation of ten feet (10')." SECTION 53. Article IX, Chapter 2, Part 5, Division 5, Section 9255.2.15 of the Arcadia Municipal Code is hereby amended to read as follows: "9255.2.15. LAUNDRY ROOM. If a laundry area is not provided in every unit, a common laundry area shall be provided with a minimum of one (1) washer and one (1) dryer for each ten (10) units and shall be centrally located to the units to be served." SECTION 54. Article IX, Chapter 2, Part 5, Division 7, Section 9257 of the Arcadia Municipal Code is hereby amended to read as follows: "9257. INTENT AND PURPOSE. This Division is established to provide a Density. Bonus Ordinance for all multiple - family, Downtown Mixed Use, and Mixed -Use zones, which is intended to comply with the State Density Bonus Law, Government Code Section 65915. In accordance with the provisions of this Chapter and in consideration to developers of multiple - family housing for, Lower - income Households, Very-low- income Households, Moderate - income Households, or Senior Citizens, the City shall grant a Density Bonus and additional concessions." SECTION 55. Article IX, Chapter 2, Part 5, Division 7, Section 9257.1 of the Arcadia Municipal Code is hereby amended to read as follows: "9257.1. DEFINITIONS. For the purposes of this Division, certain words and phrases used herein shall be defined as follows: A. Affordability. The ability to satisfy the requirements of an Affordable Unit. 27 B. Affordable Unit(s). Affordable units shall mean housing units that have costs or rents as defined in Section 50052.5 and 50053 of the Health and Safety Code, as said sections may be hereinafter amended, for Very-low- income, Lower- income, or Moderate - income Households. C. Common Interest Development. A project composed of individually owned units that share usage and financial responsibility for common areas, including a community apartment project, a condominium project, a planned development, and a stock cooperative. D. Concession. Concession shall mean the adjustment of a development standard required by the City and exceeding the minimum standards required by State law, in order to facilitate construction of eligible Housing Developments as defined by the provisions of this Division. Concessions may include, but are not limited to priority processing, fee deferments and waivers, and granting of modifications to applicable zoning requirements. E. Condominium /Apartment Conversion. A project involving the conversion of a building with tenants, or a cooperative building with tenant - shareholders, into a community of individual owners of specified units and common owners of all common areas. F. Density bonus. Density bonus shall mean an increased density of up to thirty five percent (35 %) over the maximum authorized density, which is granted to a developer of a multiple - family project that includes a prescribed percentage of Affordable Units in accordance with the density bonus provisions listed in section 9257.2. 28 Exception: For the purpose of residential Condominium /Apartment conversion projects, "density bonus" shall mean an increase in units of twenty -five percent (25 %) over the number of apartments to be provided within the existing structure or structures proposed for conversion. G. Housing Development. Housing Development shall mean multiple - family residential projects within the R -2 and R -3 zones of the City including, but not limited to, projects to substantially rehabilitate and convert existing commercial buildings to residential use or projects to substantially rehabilitate existing multiple - family dwelling units where the result of the rehabilitation is a net increase in available residential units. H. Incentive. Incentive shall mean the adjustment of a development standard required by the City and exceeding the minimum standards required by State law, in order to facilitate construction of eligible Housing Developments as defined by the provisions of this Division. Incentives may include, but are not limited to, priority processing, fee deferments and waivers, and granting of modifications to applicable zoning requirements. I. Household type. Household type shall mean whether the occupants of the dwelling units are lower- income, very-low- income, moderate income, or senior citizens. J. Land Donation. A land donation shall mean a transfer of land to the City or housing developer identified and approved by the City, no later than the date of approval of a final subdivision map, parcel map or residential development application of an area; (1) large enough and zoned to accommodate housing for Very-low Income Households equal to at least 10 percent of the number of units in the market -rate development; (2) at least one acre in size or of sufficient size to permit development of 29 at least 40 units; (3) that is or will be served by adequate public facilities and infrastructure; (4) has the appropriate general plan designation; (5) has all the permits and approvals, other than building permits, necessary for the development of the Affordable Units not later than the date of approval of the final subdivision map, parcel map, or residential development, except design review in the event the design is not required by the City prior to the transfer; (6) subject to a deed restriction ensuring Affordability consistent with this Division, which shall be recorded at the time of the transfer; (7) within the boundary of the proposed Housing Development or, if the City agrees, within one - quarter mile of the boundary of the proposed Housing Development. A proposed source of funding for the Affordable Units shall be identified not later than the date of approval of the final subdivision map, parcel map, or residential development application. K. Lower - income and Very-low- income Households. Lower - income and very - low- income households are defined by income limits that are established in Sections 50079.5 and 50105 respectively of the Health and Safety Code, as said sections may be hereinafter amended. L. Moderate - income households. Moderate - income households are defined by income limits that are established in Section 50093 of the Health and Safety Code, as said sections may be hereinafter amended. M. Senior citizens. Senior citizens shall mean persons who are at least fifty - five years of age, in accordance with State and federal Law. N. Senior citizen housing development. Senior citizen housing development shall mean government- subsidized housing units for senior citizens consisting of at 30 least thirty five (35) units each occupied by at least one (1) person aged fifty -five (55) or older and which provides facilities and services designed for seniors." SECTION 56. Article IX, Chapter 2, Part 5, Division 7, Section 9257.2 of the Arcadia Municipal Code is hereby amended to read as follows: "9257.2. APPLICABILITY AND EXCEPTION. A. Housing developments consisting of five (5) units or more (excluding bonus units), excluding Condominium /Apartment Conversions, are eligible for a density bonus, a modified parking requirement, and additional concessions or incentives, provided that the project meets one or more of the following criteria: 1. At least ten percent (10 %) of the total number of units of a housing development are designated for lower- income households; or 2. At least five percent (5 %) of the total number of units of a housing development are designated for very-low- income households; or 3. At least ten percent (10 %) of the total number of units of a housing development are designated for very -low income units for Households (Land Donation projects only); or 4. At least ten percent (10 %) of the total number of units of a housing development are designated for moderate - income households (Common Interest Developments that are offered to the public for purchase only); or 5. A Senior Citizen Housing Development. B. Residential condominium conversion projects (converting apartments into condominium units) consisting of five (5) apartment units or more are eligible for a 31 twenty -five percent (25 %) density bonus, as set forth in this Division, provided that the project meets one or more of the following criteria: 1. At least thirty -three percent (33 %) of the total number of units of the proposed Condominium /Apartment Conversion project are designated for Low -to- Moderate- income households; or 2. At least fifteen percent (15 %) of the total number of units of the proposed Condominium /Apartment conversion project are designated for Very-low income households. 3. The proposed apartment complex that is proposed to be converted into condominiums shall not have been previously granted a Density Bonus. C. The density bonus for qualified projects shall be calculated as follows in Table 1: Density Bonus Provisions. A developer must choose a density bonus from only one affordability category and cannot combine categories. Table 1: Density Bonus Provisions 32 Affordability Categories Minimum Set -Aside of Affordable Units Bonus Granted Each Additional 1% Set - Aside of Affordable Units adds: Maximum Very Low Income Households 5% 20% 2.5% 35% Lower Income Households 10% 20% 1.5% 35% Moderate Income (Common Interest Development Only) 10% 5% 1.0% 35% Senior Citizen Housing Development 100% (minimum 35 units) o 20 /0 -- o 20 /o Senior Citizen Housing Development & 100% of units are for Lower Income or Very- low income Households 100% (minimum 35 units) 30% 20% Land Donation (Very -low income Household projects only) 10% 15% 1°/0 35% Condominium /Apartment Conversions 33% low -to- moderate incd ome 25 /o NA 25% 25 /o 15% very low income D. The City shall deny a proposed housing development with affordable units if any one of the following findings is made: 1. A finding in accordance with Section 65589.5 of the Government Code, as the section may be hereinafter amended. 2. The project would have a specific, adverse impact upon the public's health or safety, and there is no reasonably feasible method to satisfactorily mitigate the identified adverse impact." SECTION 57. Article IX, Chapter 2, Part 5, Division 7, Section 9257.3 of the Arcadia Municipal Code is hereby amended to read as follows: 33 "925T3. CONCESSIONS AND INCENTIVES. In addition to a density bonus, the City shall grant a specified number of concessions or incentives to the developer in accordance with Sections 65915 et seq. of the Government Code, as the sections may be hereinafter amended, unless the City adopts a written finding that the additional Concessions or Incentive is (1) not required to make the units Affordable; (2) has a specific adverse impact upon the public's health and safety, or the physical environment, or any real property listed in the California Register of Historical Resources, for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable; or (3) would be contrary to State or federal law. Concessions and Incentives may be any of the following: a. A modification of applicable zoning code requirements; b. Reduction of application or construction permit fees; c. Other regulatory concessions proposed by the applicant or the City." SECTION 58. Article IX, Chapter 2, Part 5, Division 7, Section 9257.4 of the Arcadia Municipal Code is hereby amended to read as follows: "9257.4. GENERAL REQUIREMENTS. A. Before the issuance of a building permit for any dwelling unit in a Housing Development for which a Density Bonus has been awarded or Concessions or Incentives granted pursuant to this Division, the developer shall identify the Affordable Units and shall enter into a written agreement with the City, as set forth further in Section 9257.5 to guarantee one (1) or both of the following, as applicable: 34 35 1. Low and Very-low- income Households: Affordable Units for Low and Very- low income Households shall continue to be Affordable for a minimum of thirty (30) years, which thirty (30) year restriction shall renew upon sale or transfer of the units. These units shall remain Affordable for a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. 2. Moderate - income Households: The initial occupant must be a Moderate - income Household and the unit shall be Affordable. An equity- sharing agreement will be required indicating that upon resale, the seller of the unit shall retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation. Upon resale, the City shall recapture any initial subsidy and its proportionate share of appreciation in accordance with Section 65915(c) (2)(B)(C) of the Healthy and Safety Code, as said section may be hereinafter amended. The City shall spend such recaptured funds within five (5) years for the construction, rehabilitation, or preservation of Affordable housing for Very-low, Low and Moderate - income Households, as described in Section 33334.2(e) of the Healthy and Safety Code, as said section may be hereinafter amended. B. Affordable units shall be dispersed throughout the project and architecturally compatible with the overall housing development. C. In calculating the additional density bonus units to be permitted over the stated density that is currently allowed by the existing zoning, or in calculating the amount of affordable units to be required, any fractional remainder shall be rounded up to the next whole number. D. Nothing in this Division shall be construed to require the City to provide, or limit the City's ability to provide direct financial incentives for Housing Developments, including the provision of publicly owned land by the City or the waiver of fees and dedication requirements. E. The City's granting of an Incentive or Concessions shall not be interpreted, in and of itself, to require a general plan amendment, zoning change or other discretionary approval. F. Nothing in this Division shall be interpreted to require the City to waive or reduce development standards or to grant an Incentive or Concession that would have a specific, adverse impact upon health, safety or the physical environment for which there is no feasible method to mitigate or avoid the specific adverse impact; nor shall this require the City to waive or reduce development standards or to grant an Incentive or Concession that would have an adverse impact on any real property that is listed in the California Register of Historical Resources." SECTION 59. Article IX, Chapter 2, Part 5, Division 7, Section 9257.5 of the Arcadia Municipal Code is hereby amended to read as follows: "9257.5. APPLICATION PROCEDURES. A. A developer may submit a written preliminary proposal for a density bonus prior to a formal application and may request a meeting with the City. The City shall respond within ninety (90) days of receipt of a written preliminary proposal, notifying the applicant in writing of the procedures which will be followed in processing a formal application. 36 B. The formal application shall follow the review process as set forth for text amendments in Article IX, Chapter 2, Part 9, Division 3 of the Arcadia Municipal Code, and shall provide additional information as specified in this Chapter and as requested by the City. C. Concurrent with the submittal of the formal application, the applicant shall also provide the following items to ensure compliance with the provisions of this Chapter: 1. A "Density Bonus Agreement" (in a form approved by the City Attorney) subject to approval by the City Council, and that shall run with the land. It may include, but not be limited to, providing the following information: (a) The number of requested dwelling units above the amount allowed by the existing zoning, and the additional concessions and incentives requested; (b) Household type, number, location, size and construction scheduling of all affordable units; (c) The time period of affordability for the affordable units, as set forth in this Division; (d) The standards for maximum qualifying incomes for affordable units; (e) The standards for maximum rents or sales prices for affordable units; (f) The process to be used to certify tenant and homeowner incomes; (g) The arrangements with the City for the monitoring of the affordable units; (h) How vacancies will be marketed and filled; (i) Restrictions and enforcement mechanisms binding on the property upon its sale or transfer; 37 Communication and Transportation Permit Requirement P Alternative fuels and recharging facilities Automobile car wash C Automobile storage C Automobile fueling stations C Automobile fueling stations and Automated self - service car wash C (j) Penalties and enforcement mechanisms in the event of a failure to maintain the affordability provisions; (k) Any other provisions deemed necessary by the City of Arcadia. 2. A project financial report (pro forma) shall be submitted to allow the City to evaluate the financial need for the additional concessions and incentives. The City may retain a consultant to review the financial report. The cost of the consultant shall be at the expense of the applicant." SECTION 60. Article IX, Chapter 2, Part 6, Division 5, Section 9265.1 of the Arcadia Municipal Code is hereby amended to read as follows: "9265.1. USES PERMITTED. No building or land shall be used and no building shall be hereafter erected, constructed or established except for the uses specified in the following subsections. EXCEPTION: A conditional use permit shall be required for every retail business selling alcoholic beverages for off - premise consumption and every retail business selling goods and products to the public on a walk -in basis which is open more than sixteen (16) hours per day or which is open to the public any time between midnight (12:00 a.m.) and 6:00 a.m., and located less than one hundred fifty (150) feet from residentially zoned property (Amended by Ord. 1893 adopted 9- 6 -88)." P — Permitted C — Conditional Use Permit 38 Automobile rental facility C Automobile and truck repair C Automobile self - service station C Automobile service station C Garages C Major wireless communication facilities C Motor vehicles and truck sales C Automobile upholstering C Used car sales C Education Art Studios C Commercial, Trade, and Music schools C Martial art studios C Music and Vocational Schools C Tutoring centers C Entertainment and Facilities Arcades C Bowling alleys C Health club C Ice skating rinks C Karaoke and sing -along C Movie Theatres C Roller skating rinks C Retail Building material sales (Not more than 20% of the outdoor area shall be devoted to outdoor sales) P Retail uses P Garden center /nursery P Grocery store P Pet Stores P Warehouse Retail (under 40,000 square feet) Warehouse Retail (over 40,001 square feet) P C Wholesale (under 40,000 square feet) Wholesale (40,000 square feet and over) P C Services Animal Boarding C Animal Grooming P Automated Tell Machines (ATMs) P Bakeries P Day Care facilities C Drive -thru facilities C Dry cleaning service P Equipment rental establishments P Dental offices or clinics P 39 Manufacturing (under 40,000 square feet) Manufacturing (40,00 square feet and over) P C Medical laboratories P Medical services P Mortuaries C Offices P Outdoor Storage C Personal Services C Recycling facilities C Research and Development P Restaurants, fast food, with or without outdoor dining C Self- Storage C Towing Services C Veterinary Services C Warehousing & Distribution Storage (Enclosed) P SECTION 61. Section 9265.1.1 of Chapter 2, Part 6, Division 5 of Article IX is hereby deleted in its entirety. SECTION 62. Sections 9265.1.3; 9265.1.4; 9265.1.5; 9265.1.6; 9265.1.7; 9265.1.8; 9265.1.9; 9265.1.10; 9265.1.11; 9265.1.12; 9265.1.13; 9265.1.14; 9265.1.15; 9265.1.16; 9265.1.17; 9265.1.8; 9265.1.19; 9265.1.20; 9265.1.21 of Chapter 2, Part 6, Division 5 of Article IX is hereby deleted in its entirety. SECTION 63. Title "Division 5 C -M Commercial- Manufacturing Zone" located below Section 9265.1.21 of Chapter 2, Part 6, Division 5 of Article IX is hereby deleted in its entirety. SECTION 64. Article IX, Chapter 2, Part 6, Division 5, Section 9265.2.1 of the Arcadia Municipal Code is hereby amended to read as follows: "9265.2.1. BUILDING HEIGHT. No building hereafter erected, constructed or established shall exceed three (3) stories or forty (40) feet (12.19 meters) in height, except as provided in Division 6 of Part 7 (Special Height Zone) of this Chapter." 40 SECTION 65. Article IX, Chapter 2, Part 6, Division 5, Section 9265.2.2 of the Arcadia Municipal Code is hereby amended to read as follows: "9265.2.2. FRONT YARD. No front yard shall be required." SECTION 66. Article IX, Chapter 2, Part 6, Division 5, Section 9265.2.3 of the Arcadia Municipal Code is hereby amended to read as follows: "9265.2.3. SIDE YARD. No side yard setback shall be required, unless it abuts a residentially zoned property; then a minimum side yard setback of ten (10) feet shall be maintained. No portion of any structure shall encroach through a plane projected from an angle of forty -five (45) degrees as measured at the ground level along the abutting residential property line." SECTION 67. Section 9265.2.4 is hereby renumbered to become Section 9265.2.5, and a new Section 9265.2.4 is hereby added to Article IX, Chapter 2, Part 6, Division 5, of the Arcadia Municipal Code to read as follows: "9265.2.4. REAR YARD. No rear yard setback shall be required, unless it abuts a residentially zoned property; then a minimum rear yard setback of ten (10) feet shall be maintained. No portion of any structure shall encroach through a plane projected from an angle of forty -five (45) degrees as measured at the ground level along the abutting residential property line." SECTION 68. Section 9265.2.6 is hereby added to Article IX, Chapter 2, Part 6, Division 5, of the Arcadia Municipal Code to read as follows: "9265.2.6 ROOF - MOUNTED EQUIPMENT, ACCESSORY STRUCTURAL ITEMS, AND MECHANICAL EQUIPMENT. 41 1. Towers, chimneys, spires, gables, mechanical equipment and other roof- top structures shall not exceed a height of ten (10) feet above the roof of any building. Appurtenances not incorporated as architectural features shall be adequately screened. No roof - mounted equipment, vents, ducts, or dish antennas shall be visible from ground level from any adjacent parcel, or any public street or right -of -way. This shall be accomplished through the extension of the main structure or roof, or screened in a manner that is architecturally integrated with the main structure 2. Mechanical equipment, including but not limited to heating and air conditioning devices, shall be located within the building or if mounted elsewhere shall be screened from public view." SECTION 69. Article IX, Chapter 2, Part 6, Division 5, Section 9265.3.1 of the Arcadia Municipal Code is hereby amended to read as follows: "9265.3.1. PARKING REQUIREMENTS. Unless otherwise indicated in this division, parking facilities in the C -M Commercial- Manufacturing Zone shall be provided in accordance with the standards for Commercial Zones of the General Parking Regulations set forth in Division 9 of Part 6 of this Chapter (Sections 9269.1 et.seq.)." SECTION 70. Article IX, Chapter 2, Part 6, Division 5, Section 9265.5.1 of the Arcadia Municipal Code is hereby amended to read as follows: "9265.5.1. LANDSCAPING. Landscaping shall be required in the parking area, subject to the conditions and limitations set forth in Section 9269.13 (Parking Area Landscaping and Walls). Trees shall be provided, as specified in this section and as shown on the landscape plans: 42 1) Trees in Front and Street Setback Areas. A minimum of one (1) tree for every twenty (20) linear feet of street frontage shall be planted in the setback adjacent to the street. a) All required trees shall be a minimum size of twenty -four (24) inch box. b) Notwithstanding the choice of tree specie that is durable and climatically suitable to a project site, the applicant shall install a tree type that is the same variety as trees on adjacent properties, if such tree(s) are healthy and would contribute to the continuity of the streetscape. c) Trees should generally be aligned with trees on adjacent properties. 2) Trees in Areas Other than Front and Street Setbacks. Trees planted in landscaped areas other than front and street setbacks shall comply with the following provisions. a) Small canopy trees shall be combined with medium and /or large canopy trees to enhance the depth and contrast of landscaping. 3) Shrubbery and Groundcover. Shrubbery, vines and groundcover shall be provided, as specified in this section. A minimum of fifty (50 %) percent of required shrubbery, vines and ground cover shall be drought tolerant. a) Shrubbery. Fifty percent (50 %) of all required shrubs and similar plants shall be a minimum size of five (5) gallons at time of planting. b) Groundcover. Live groundcover shall be planted and maintained where shrubbery is not sufficient to cover exposed soil. Mulch may be used in place of groundcover where groundcover will not grow or where groundcover will cause harm to other plants. 43 c) Groundcover Spacing. Groundcover plants should be planted at a density and spacing necessary for them to become well established within eighteen (18) months. 4) Approval Required. Landscape plans shall be submitted in conjunction with building plans for construction. No landscaping or irrigation system shall be installed until the plans are approved. The project shall comply with the requirements of Arcadia Municipal Code Section 7554 (Water Efficiency Landscaping), with respect to monitoring water usage." SECTION 71. Section 9265.5.1.1 of Chapter 2, Part 6, Division 5 of Article IX is hereby deleted in its entirety. SECTION 72. Section 9265.5.1.2 of Chapter 2, Part 6, Division 5 of Article IX is hereby deleted in its entirety. SECTION 73. Article IX, Chapter 2, Part 6, Division 5, Section 9265.5.2 of the Arcadia Municipal Code is hereby amended to read as follows: "9265.5.2. IRRIGATION. All landscaped areas shall be provided with a permanent irrigation system installed below grade except for sprinkler heads and valves." SECTION 74. Section 9265.3 of Chapter 2, Part 6, Division 5 of Article IX is hereby deleted in its entirety. SECTION 75. Article IX, Chapter 2, Part 6, Division 5, Section 9265.6.1 of the Arcadia Municipal Code is hereby amended to read as follows: 44 "9265.6.1 LIGHTING. Lighting shall be hooded and arranged to reflect away from adjoining properties and streets. Lights shall be a maximum of thirty (30) feet above the adjacent grade. EXCEPTION. When the subject property abuts residentially zoned property, lights within one hundred (100) feet of said property may not exceed fifteen (15) feet in height." SECTION 76. Section 9265.6.2 in Article IX, Chapter 2, Part 6, Division 5 is hereby deleted in its entirety and a new Section 9265.6.2 is hereby added in place thereof to read as follows: "9265.6.2. BACKFLOW PREVENTION DEVICES. Backflow prevention devices, if located within a front yard or street side yard, shall be screened as follows: A. On backflow devices with piping sizes of three (3) inches or larger, screening is required by either a masonry wall or planter box, as per the current standards on file in the Planning Division. B. Backflow devices with piping sizes of two and one -half (2 1/2) inches and smaller must be screened by either planting or a masonry wall, as per the current standards on file in the Planning Division. C. The required screening material shall be architecturally compatible with the on -site development, and subject to the review and approval of the Planning Division. The Fire Department connection, if applicable, shall not be screened and visible from the street." SECTION 77. Section 9265.6.3 of Chapter 2, Part 6, Division 5 of Article IX is hereby deleted in its entirety. 45 SECTION 78. Section 9265.6.3.1 of Chapter 2, Part 6, Division 5 of Article IX is hereby deleted in its entirety. SECTION 79. Article IX, Chapter 2, Part 6, Division 5, Section 9265.6.4 is hereby renumbered to become Section 9265.6.3 of the Arcadia Municipal Code and is hereby amended to read as follows: "9265.6.3. UTILITIES. All utilities on the site for direct service to the area thereon shall be installed underground except as otherwise approved by the Council by precise plan of design. The owner or developer is responsible for complying with the requirements of this Section and shall make the necessary arrangements as required by the serving utilities for the installation of such facilities. For the purpose of this Section, appurtenances and associated equipment such as but not limited to, surface mounted transformers, pedestal mounted terminal boxes and meter cabinets, and concealed ducts in an underground system may be terminated above ground." SECTION 80. Article IX, Chapter 2, Part 6, Division 5, Section 9265.6.5 is hereby renumbered to become Section 9265.6.4 of the Arcadia Municipal Code and is hereby amended to read as follows: "9265.6.4. STORAGE. All permanent and temporary storage of wares, merchandise, equipment, storage containers and similar items shall be within a building. The use of temporary storage bins, sheds, shipping containers, semitrailers and trailers and /or temporary buildings is not permitted. In accordance with the California Solid Waste Reuse and Recycling Access Act of 1991, an area shall be provided for the collection and loading of recyclables. Trash, garbage, refuse and recyclables may be 46 temporarily stored outside a building provided such materials are stored in accordance with the provisions of this Title." SECTION 81. Article IX, Chapter 2, Part 6, Division 5, Section 9265.6.6 is hereby renumbered to become Section 9265.6.5 of the Arcadia Municipal Code and is hereby amended to read as follows: "9265.6.5. STORAGE. OUTSIDE. TRASH, GARBAGE, REFUSE, AND RECYCABLES. Trash, garbage, refuse, and recyclables that are to be temporarily stored outside a building shall be in covered containers that enable convenient collection and loading. The containers shall be kept in a paved area that is completely screened from view by an enclosure of which three (3) sides shall consist of six (6) foot high, fully grouted, decorative masonry walls, and fully enclosed with solid metal gates painted a color that is compatible with the enclosure walls. The interior dimensions of said enclosure shall provide for convenient access to the containers. The interior of the enclosure shall be equipped with minimum three (3) inch thick bumpers to prevent the containers from damaging the enclosure. The enclosures shall have full roofs to reduce storm water pollution and to screen unsightly views. The designs of the roof and the materials used shall be compatible with the enclosure and the site's architecture, and adequate height clearance all be provided for access to any containers. The enclosures shall not be located in any setback and not within 100 feet of any adjacent residentially zoned property." SECTION 82. Section 9265.6.6.1 of Chapter 2, Part 6, Division 5 of Article IX is hereby deleted in its entirety. 47 SECTION 83. Section 9265.6.7 of Chapter 2, Part 6, Division 5 of Article IX is hereby deleted in its entirety, and Section 9265.6.8 is hereby renumbered to become Section 9265.6.6 of the Arcadia Municipal Code and is hereby amended to read as follows: "9265.6.6. LOADING REQUIREMENTS. All loading spaces shall have adequate ingress and egress, and shall be designed and maintained so that the maneuvering, loading or unloading of vehicles does not interfere with vehicular and pedestrian traffic. Loading facilities shall not face and /or be within 50 feet of any adjacent residentially zoned property." SECTION 84. Article IX, Chapter 2, Part 6, Division 5, Section 9265.6.9 is hereby renumbered to become Section 9265.6.7 of the Arcadia Municipal Code and is hereby amended to read as follows: "9265.6.7. LOADING HOURS. Loading and unloading of merchandise or materials within one hundred fifty (150) feet of residentially zoned property shall be limited to the hours of 7:00 a.m. to 7:00 p.m. Monday through Saturday. Loading and unloading activities within 150 feet or residentially zoned property is prohibited on Sundays and Holidays." SECTION 85. Section 9265.6.9. is hereby added to Article IX, Chapter 2, Part 6, Division 5, of the Arcadia Municipal Code to read as follows: "9265.6.8. DOWNTOWN OVERLAY ZONE. The Downtown Overlay Zone is the extension of the Downtown focus area north and west along Santa Anita Avenue, Huntington Drive and Colorado Place. These areas are designated Commercial with a Floor Area Ratio (FAR) overlay of 1.0 for non - residential uses and a maximum building 48 height of forty -five feet (45') or four (4) stories to allow a modest increase in development intensity. The boundaries of the Downtown Overlay Zone are delineated and legally depicted on the City's Official Zoning Map." SECTION 86. Article IX, Chapter 2, Part 6, Division 6, Section 9266.1.11 of the Arcadia Municipal Code is hereby amended to read as follows: "9266.1.11 EMERGENCY SHELTERS. Emergency Shelters pursuant to the definitions of the California Health and Safety Code, and in compliance with the following criteria: a. Emergency shelters shall require onsite management on the premises during all hours of operation. b. Emergency shelters shall provide onsite security during all hours of operation. There shall be no designated exterior waiting areas or client intake areas." SECTION 87. Add Section 9263.11 in Article IX, Chapter 2, Part 6, Division 3, of the Arcadia Municipal Code to read as follows: "9263.6.11. DOWNTOWN OVERLAY ZONE. The Downtown Overlay Zone is the extension of the Downtown focus area north and west along Santa Anita Avenue, Huntington Drive and Colorado Place. These areas are designated Commercial with a Floor Area Ratio (FAR) overlay of 1.0 for non - residential uses and a maximum building height of forty -five feet (45') or four (4) stories to allow a modest increase in development intensity. The boundaries of the Downtown Overlay Zone are delineated and legally depicted on the City's Official Zoning Map." SECTION 88. Article IX, Chapter 2, Part 6, Division 9, Section 9269.5 of the Arcadia Municipal Code is hereby amended to read as follows: 49 Use Parking Spaces Required Architects /Engineers 4 spaces per 1,000 sq. ft. of gross floor area Day Care and /or preschool facilities 1 space per staff + 1 per 5 children or 1 per 10 children if adequate drop off area provided Downtown Mixed Use - Mixed -Use Residential - Combined Uses 1.5 spaces per unit and 1 guest space for every 2 units. Commercial uses are based upon this table. A 25% reduction will be applied to the project for all commercial uses due to the proximity to the light rail station. Emergency Shelters 2 spaces per 1,000 square feet of gross floor area. Fast Food without drive through 15 spaces per 1,000 sq. ft. of gross floor area Fast Food with drive through 10 spaces per 1,001 sq. ft. of gross floor area Financial Institutions including but not limited to banks, savings and loans, credit unions 4 spaces per 1,000 sq. ft. of gross floor area Health Clubs, Fitness Centers, Indoor Athletic Facilities and Exercise, 1 space per 100 sq. ft. of gross floor area in all workout areas "9269.5. OFF - STREET PARKING. No less than the following number of off - street parking spaces shall be provided and maintained for each of the following uses, except for those temporary reductions permitted by the Business License office for parking lot sales and for promotional entertainment events. When the number of required parking spaces results in a fraction of one -half or higher, the requirements shall be rounded up to the next whole number. 50 Dance /Gymnasium Studios up to 3,000 sq. ft. of gross floor area: Greater than 3,000 square feet of gross floor area: Required parking spaces to be determined through an approved Conditional Use Permit. Hotels /Motels 1 space per room plus the number of spaces required for ancillary uses such as restaurants, large meeting rooms, etc. Industrial, Manufacturing 3 spaces per 1,000 sq. ft. of gross floor area for projects less than 10,001 sq. ft. in area. 2 spaces per 1,000 sq. ft. of gross floor area for projects 10,001 sq. ft. in area or greater. Martial Arts Studios 1 space per 100 sq. ft. of instructional floor area Mixed Use - Mixed -Use Residential - Combined Uses 1.5 spaces per unit and 1 guest space for every 2 units. Commercial uses are based upon this table. A 25% reduction will be applied to the project for all commercial uses if the parking area is located within 1,320 feet (1/4 mile) of a light rail station. Offices, General 4 spaces per 1,000 sq. ft. of gross floor area Offices, Medical /Dental 6 spaces per 1,000 sq. ft. of gross floor area Optometrists and Opticians 5 spaces per 1,000 sq. ft. of gross floor area Public /Private Assembly buildings, churches, recreation community buildings, private clubs 1 space per 5 permanent fixed seats; 1 space per 35 sq. ft. of area w/ non -fixed seating; 1 space per 28 linear feet of bench area Psychologists, Psychiatrist and Counseling offices 4 spaces per 1,000 sq. ft. of gross floor area 51 Residential (Multiple - Family) R -2 and R- 3 /R -3 -R 2 spaces per unit and 1 guest space per every 2 units. Restaurants /Bars 10 spaces per 1,000 sq. ft. of gross floor area for restaurants /bars containing less than 5,001 sq. ft. of floor area 15 spaces per 1,000 sq. ft. of gross floor area for restaurants /bars containing 5,001 sq. ft. of floor area or greater Restaurants with bars and /or cocktail lounges occupying more than 30% of the total dining /bar area 20 spaces per 1,000 sq. ft. of gross floor area Regional Shopping Centers 4.75 per 1,000 sq. ft. of gross leasable area Senior Citizen affordable apartment housing 1 space per unit Senior Citizen assisted living facility 1.5 spaces per unit Senior Citizen Market rate housing units 2 spaces per unit Movie theater, performing arts center 1 space per 3 fixed seats Tutorial schools; learning centers; Trade schools, Private schools Facilities for children under high school age: 1 space per employee plus 1 space for every 5 students. Trade Schools /Private schools, Learning centers for students of high school age or older: 1 space per employee plus 1 space for every 3 students. Warehouses 2 spaces per 1,000 sq. ft. of gross floor area Other Permitted Uses, including but not limited to retail, service uses, nail and beauty salons, spas, adult entertainment 5 spaces per 1,000 sq. ft. of gross floor area A 25% reduction will be applied to the off - street parking requirement to any commercial use that is located within 1,320 feet (1/4 mile) of a light rail station. Land uses not specifically listed in the above chart shall provide parking as noted in "Other Permitted Uses" unless otherwise set forth in other sections of the Arcadia Municipal Code. 52 53 SECTION 89. Article IX, Chapter 2, Part 9, Division 2, Section 9292.2.2 of the Arcadia Municipal Code is hereby amended to read as follows: "9292.2.2. CREATION. There is hereby created a procedure whereby certain modifications to lots containing one single - family dwelling and accessory buildings in Zones R -M, R -O, R -1 and R -2 and certain modifications to dwelling units in all residential zones to accommodate the needs of persons with disabilities may be granted upon the joint approval of the Planning Services." SECTION 90. Article IX, Chapter 2, Part 9, Division 2, Section 9292.2.3 of the Arcadia Municipal Code is hereby amended to read as follows: "9292.2.3 AUTHORITY. Administrative Modification as may be necessary to secure an appropriate improvement may be granted upon the approval of the Planning Division. The Planning Division shall have the authority to approve, conditionally approve or deny modifications of the following: 1. Rear yard setbacks; 2. Distance between buildings; 3. Special setbacks; 4. Setbacks for mechanical and plumbing equipment; 5. Fence and wall heights along the side and rear property lines except along the street side of a corner lot; 6. Interior side yard setbacks for detached accessory structures (with the exception of guest houses /accessory living quarters) in the R -M, R -0, and R -1 zones; 7. Interior side yard setbacks for single -story additions to an existing dwelling in the R- M, R -0, and R -1 zones, where the portion of said addition(s) which does not comply with the setback requirements consists of a total of thirty (30) linear feet or less and maintain(s) the same or greater setback than the existing building walls; and provided, that a minimum interior side yard setback of three (3) feet in the R -1 and five (5) feet in the R -M and R -0 zones is maintained; 8. The rebuilding of single - family dwellings, provided that the new portion(s) of the project comply with current code requirements. 9. Setbacks, driveway and access standards, entry requirements, or any other residential development standard if found to be a reasonable accommodation for a person with a disability." SECTION 91. Article IX, Chapter 2, Part 7, Division 4, Section 9274.1.10 of the Arcadia Municipal Code is hereby amended to read as follows: "9274.1.10. SAME. Schools and school facilities." SECTION 92. Article IX, Chapter 2, Part 9, Division 2, Section 9292.1.4 of the Arcadia Municipal Code is hereby amended to read as follows: "9292.1.4. AUTHORITY. In order to secure an appropriate improvement, prevent unreasonable hardship or to promote uniformity of development, the Modification Committee shall have the authority to approve, conditionally approve or deny modifications of the following: 1. Driveway and parking stall size requirements. 2. Apartment unit size. 3. Building length 4. Distance between buildings 5. Usable open space regulations 6. Fence, wall and hedge regulations 54 7. Fence regulations 8. Utility and storage space requirements 9. Swimming pool regulations 10. Height and noncommercial structures 11. Number of required parking spaces. 12. When the maximum number of units permitted in the R -2 and R -3 zones has a fractional remainder greater than one -half, the Modification Committee may allow the maximum number of units to be rounded off to the next highest whole number. 13. Front, side or rear yard setbacks, provided that a setback from a street shall be modified only with a written declaration of the Director of Public Works that the modification, if granted, will not adversely affect any foreseeable need for widening the street. 14. Side yard setbacks in the multiple family, commercial and industrial zones provided that a setback from a street shall be modified only with a written declaration from the Director of Public Works that the modification, if granted, will not adversely affect any foreseeable need for widening the street. 15. Interior side yard setbacks in the R -M, R -O and R -1 zones for single -story additions to an existing dwelling or accessory building where said addition(s) totals more than thirty (30) linear feet. 16. Street side yard setbacks for first floor additions to existing dwellings or for accessory buildings. 17. Alterations and /or expansion of nonconforming uses and structures. 18. Tennis and paddle tennis courts — Construction and operations standards. 19. Window openings, balconies, decks and open stairways under Sections 9261.2.5, 9262.2.5, 9263.2.6 and 9265.2.4 of the Arcadia Municipal Code. 55 20. Accessory Dwelling Units — Unit size. 21. Conversions of existing attic areas within main dwellings in the R -M, R -O and R- 1 zones, provided that such requests do not involve any exterior alterations within the required setback area." SECTION 93. Article IX, Chapter 2, Part 6, Division 4, Section 9264.2.3 of the Arcadia Municipal Code is hereby amended to read as follows: "9264.2.3. BUSINESS AND PROFESSIONAL OFFICES. Establishments where the administrative, clerical and managerial functions of a business or industry are conducted or where members of a profession conduct their practice (i.e., accounting, medical or engineering)." SECTION 94. Article IX, Chapter 2, Part 6, Division 4, Section 9264.2.5 of the Arcadia Municipal Code is hereby amended to read as follows: "9264.2.5. CONSUMER SERVICES. Establishments primarily engaged in rendering services shall be allowed in the CBD zone as follows: 1. Barber, beauty, tanning and nail shops; 2. Dry cleaning shop; 3. Equipment rental and leasing; 4. Electronic repair shop; 5. Furniture rental stores; 6. Hardware rental stores; 7. Interior design store /showroom that does not have on -site retail; 8. Locksmith shops; 9. Music rental and lesson stores; 56 10. Mailing services, including post office box rentals and courier shipping; 11. Photography studios; 12. Shoe repair; 13. Tailor, dressmaking shops; 14. Video rental /sales; 15. Any other use deemed by the Planning Commission to be considered "consumer services." SECTION 95. Article IX, Chapter 2, Part 6, Division 4, Section 9264.2.6 of the Arcadia Municipal Code is hereby amended to read as follows: "9264.2.6. RETAIL USES. Retail stores or businesses under ten thousand (10,000) square feet of gross floor area not involving any kind of manufacture, processing or treatment of products other than that which is clearly incidental to the retail business conducted on the premises and provided that: (1) the incidental manufacture, processing or treatment of products shall not exceed one -third (1/3) of the ground floor area of the building; and (2) windows facing the public street shall have merchandise visible to passing pedestrians. 1. Antique stores: seventy -five percent (75 %) of merchandise must be over one hundred (100) years old; 2. Appliance stores; 3. Art galleries; 4. Bakeries, ice cream stores or confectionery stores employing Tess than five (5) persons; 5. Bicycle shops; 6. Book or stationery stores; 57 7. Camera shop; 8. Clothing or wearing apparel shops (new merchandise only); 9. Consignment clothing stores; 10. Copy centers (not including commercial off -set printers); 11. Delicatessen shops; 12. Department stores; 13. Drug stores; 14. Floor covering /drapery stores; 15. Florist shops; 16. Furniture sales; 17. Hardware sales; 18. Interior decorating stores; 19. Jewelry stores; 20. Kitchen and bath cabinets /fixtures; 21. Lighting fixture stores; 22. Music stores, instrument sales; 23. Paint and wallpaper stores; 24. Pet shops; 25. Photography stores; 26. Picture frame stores; 27. Radio and television stores and incidental repair services; 28. Records, audio and videotape and other products, including sales, rentals and incidental repair; 29. Saddlery shops; 58 30. Sporting goods stores; 31. Tobacconist/cigar shops; 32. Toy shops; 33. Trophy shops; 34.Typewriter and computer product sales, rentals and incidental services. SECTION 96. Section 9264.2.7 of Chapter 2, Part 6, Division 4 of Article IX is hereby deleted in its entirety. SECTION 97. Article IX, Chapter 2, Part 6, Division 4, Section 9264.3.1 of the Arcadia Municipal Code is hereby amended to read as follows: "9264.3.1. BUILDING HEIGHT. No building hereafter erected, constructed or established shall exceed a maximum building height of forty -five (45') feet or four (4) stories, not including mechanical equipment and screening devices. An additional height bonus may be considered by the City of up to six (6) stories with a maximum of sixty -five (65) feet through the approval of a conditional use permit for the provision of one or more of the following: 1. Additional shared parking facilities; 2. Residential units above the ground floor; 3. Day care and nursery facilities; 4. Enhanced pedestrian areas, plazas, landscaping, public art, and water features; 5. Outdoor cafes /restaurants; and /or 6. Traffic demand management facilities (i.e., carpool /vanpool parking, transit facilities, enhanced linkages to off -site transit facilities)." 59 SECTION 98. Section 9264.3.16 is hereby added to Article IX, Chapter 2, Part 6, Division 4, of the Arcadia Municipal Code to read as follows: "9264. 3.16 DOWNTOWN OVERLAY ZONE The Downtown Overlay Zone is the extension of the Downtown focus area north and west of Santa Anita Avenue, Huntington Drive, and the northeast side of Colorado Place. These areas are designated Commercial with a Floor Area Ratio (FAR) overlay of 1.0 for non - residential uses and a maximum building height of forty -five (45') feet or four (4) stories to allow a modest increase in development intensity. The boundaries of the Downtown Overlay Zone are delineated and legally depicted on the City's Official Zoning Map." SECTION 99. Article IX, Chapter 2, Part 7, Division 8, Section 9278.1 of the Arcadia Municipal Code is hereby amended to read as follows: "Division 8 — Open Space Zone 9278.1. Purpose. The purpose of the Open Space Overlay Zone is to provide for the preservation, conservation and utilization of open space lands and natural resources so as to maintain and enhance the quality of the environment." SECTION 100. Article IX, Chapter 2, Part 7, Division 8, Section 9278.2 of the Arcadia Municipal Code is hereby deleted in its entirety. SECTION 101. Article IX, Chapter 2, Part 7, Division 8, Section 9278.3 of the Arcadia Municipal Code is hereby deleted in its entirety. SECTION 102. The City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of same to be published in the official newspaper of said City within 60 fifteen (15) days after its adoption. This Ordinance shall take effect on the thirty -first (31 day after its adoption. ATTEST: City Clerk Passed, approved and adopted this APPROVED AS TO FORM: P 4.6474/ Stephen P. Deitsch City Attorney 61 day of , 2010. Mayor of the City of Arcadia ORDINANCE NO. 2274 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, CERTIFYING THE 2010 ZONING MAP AS THE OFFICIAL ZONING MAP OF THE CITY OF ARCADIA. 1 WHEREAS, on November 16, 2010, the City Council adopted Resolution No. 6715, adopting the Final Environmental Impact Report, adopting Environmental Findings Pursuant to the California Environmental Quality Act, Adopting a Mitigation Monitoring and Reporting Program, Adopting a Statement of Overriding Considerations, and Adopting the Proposed General Plan Update; and WHEREAS, a new official zoning map has been prepared which accurately incorporates all of the previously approved zoning map amendments as well as the proposed amendments to achieve consistency with the General Plan; and WHEREAS, the Official Zoning Map referenced in Article IX, Division and Use of Land, Chapter 2, Part 3, Division 2 and Division 3, be replaced in its entirety by a new official zoning map and that such map is attached; and WHEREAS, all resolutions and ordinances of the Arcadia Municipal Code and parts thereof in conflict herewith are hereby repealed. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. The City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of same to be published in the official newspaper of said City within fifteen (15) days after its adoption. This Ordinance shall take effect on the thirty -first (31 day after its adoption. ATTEST: City Clerk Passed, approved and adopted this day of , 2010. APPROVED AS TO FORM: gtDi f7 . b-ei€ Stephen P. Deitsch City Attorney 2 Mayor of the City of Arcadia ResldenUal Moontabmus Simla FamBy First One-FaMly V , .3 130,000 Sr) L - :a usemgg, w.mosn MEM 112.Sp s) Second One Family IR - 1) - ' - I 113010 WI poem ssl rE:Mi lllsm a1 1 17.3004) Medium Oe155V Ms5iple Residential (R-3I - HO Dens. MYbple-Fam r Residential IR - 31 - Restricted MU1HWe-SamiN Residential .-3-1t) - Commercial office (w) tMdaed Commercial (C -11 - Cameral Comm... (C -2) - Central Business Mader (®O) Commercial Planned Development (CPPI) spatial Uses (5-1) Weed Use (MU) NAM Downtown Mixed U. (DMU) Commercial Manufacturing IC - Planed bdusWal Dispia lM -11 _ Public Purpose 15 - D penspxe(OS) - Rao mBRt #Wry Overlay Zones Special Neighs Da d n.. reie a e mimes y wanReciural Design Overby ID) Automobile Parting Overlay IP1 L___ aP Rook Grid d Duce mug taw ahem. mfr Park/SCMOVOdf Course pmt poker en. are eemn ea, me map pima me. Mbnweea ant as Meow Dmwrmnfrmol O9. semi 141.5. A 11. sled rHSy .e semen 0.5.-.11*. en. earbnnumbni. Mapped by Hogle- Ireland Inc Data Sources: City of /media, 2010. Exhibit Al Matrix of Proposed Changes to the Initial Draft General Plan Update Exhibit Al: Matrix of Proposed Changes to the Initial Draft General Plan Update November 16, 2010 Proposed Changes to the Draft General Plan This table identifies proposed changes to the Draft General Plan made available to the public in April of 2010. The table is divided into two sections: 1) proposed changes (or reasons for not making a requested change) in response to comments raised by the public during the public review process and 2) changes identified by Planning staff to reflect changed circumstances since publication of the Draft General Plan and /or in response to comments made by public agencies during the review period. The first column indicates which element (chapter) of the General Plan would be affected. The second column describes the proposed change, and in the third column, Planning staff explains the rationale - for making or not making the change. In addition to the proposed General Plan text changes, staff has identified revisions to the draft Land Use Policy Map that are appropriate to reflect refinements to the map. The attached map identifies those properties where staff proposes land use designations different than shown on the draft Land Use Policy Map published in April, 2010. These refinements have resulted from a study effort conducted during September of this year to reconcile the Land Use Policy Map and Zoning Map toward consistency. Certain properties along boundaries of land use designations are proposed to have land use designations that largely reflect long- established uses and zones. These are all considered technical changes. The Planning Commission is asked to consider these revisions and provide direction as part of its action on the Draft General Plan. In addition to these revisions, Planning staff requests that the Planning Commission grant staff the authority to correct typographical and non - substantive technical errors in the Draft General Plan. c hanges Requested Land Use and Community Design Element The property owner at 122 St. Joseph Street requested to change the land use designations of the properties on the south side of St. Joseph between First and Second Avenue from Commercial to Downtown Mixed Use since the parcels are in proximity to the new Gold Line station and mixed use would be more appropriate to create a "Downtown" feel. Staff does not support this request. The alley between Santa Clara and St. Joseph provides an appropriate transition between planned land uses. The general goal and good urban design practice is to have similar uses and intensities face each other across the street, creating an aesthetically cohesive appearance in terms of building scale and height. In the EIR, an alternative was studied involving the 10 parcels along St. Joseph Exhibit A: Matrix November 16, 2010 Page 1 Land Use and Community Design Element At the June 10, 2010 Arcadia Beautiful Commission meeting, the Commission recommended that the Public Art policy in the Draft General Plan be modified and expanded to: 1) Develop a public art program that guides the creation, promotion, implementation and maintenance of public art in the City. 2) Encourage public art throughout the City, with an emphasis on art that draws upon local history and the placement of public art at key locations. 3) Develop a dedicated funding source for public art to be paid for as part of large private and public development projects, including infrastructure improvements. 4) Develop administrative support and community participation systems for the implementation of the public art program. Street (refer to Alternative No. 4). The alternative to include these parcels would result in greater environmental impacts on some environmental issues relative to the Draft General Plan, but reduced impacts on other issues due to the potential transition to mixed use developments. Staff agrees with the suggested changes and supports the request to add them as policies to the Land Use and Community Design Element. The language of Policy LU 2.3 and LU 2.4 will be expanded to include this language. 2 Exhibit A: Matrix November 16, 2010 Page 2 Land Use and Community Design Element A letter from Westfield, LLC dated August 31, 2010 requests the City address the following items: 1. Gross land area clarifications for Wesffield Santa Anita; 2. Clarification of Floor Area Ratio (FAR); 3. Regional Commercial Land Use Designation; 4. Future Buildout of Wesffield Santa Anita to be Clarified; 5. Parking Impacts to Wesffield Santa Anita; 6. Gate 8 Clarification; and 7. Historic Designation of Santa Anita 3 Staff's response: 1. 2. 3 4 5 6 A footnote will be added to Table LU -1 stating that the actual square footage will be that allowed by entitlements granted by the City. Staff agrees that the definition of Gross Leasable Area should remove the reference of kiosks. The reference of 0.4 FAR is incorrect and should be removed from the description in the Draft General Plan. . Staff does not support this request to change the definition in the Draft General Plan because this level of detail is inappropriate within the General Plan document. A more refined definition would be appropriate in the Resolution that controls zoning for Westfield Santa Anita or in the zoning code itself. . Table revised . Staff agrees to remove the words "within residential neighborhoods" on bullet 3 of page 2 -63 of the Draft General Plan so that it just reads that patrons should not be parking offsite. . Staff agrees that this statement is outdated and the sentence that begins "Another Physical separation....on page 2- 64 of the Draft General Exhibit A: Matrix November 16, 2010 Page 3 Land Use and Community Design Element Land Use and Community Design Element Land Use and Community Design Element Land Use and Community Design Element Land Use and Community Design Element Limit the uses on First Avenue to professional office, and to not allow any fast food restaurants or businesses that cater to teenagers. Pleased with the proposed changes on First Avenue and around the Gold Line; anything is better than Inddstrial uses. Make parking convenient, and provide incentives and a public structure to make Downtown Arcadia pedestrian friendly. Reduce the current parking requirements for dental and medical office. Preserve the mountain views. Plan" should be removed. No new language needs to be added at the General Plan level. 7. Refer to the FEIR Response to Comments document. Staff does not support this request as it is inconsistent with the vision for a vibrant downtown. Staff agrees with this comment. Refer to Downtown Planning Efforts Implementation Measure 2- 5. This issue is already addressed in the Draft Plan. Refer to the discussion on parking found on page 2- 44, Policy LU-10.10 of the Draft Land Use and Community Design Element, and Implementation Measure 2- 5. This request is outside the scope of work of the General Plan, but the City plans to undertake a comprehensive update of the City's zoning regulation and will consider parking as part of that update. Refer to Implementation Measure 2-2. A discussion of preserving views of the mountains can be found on page 2-70 of the Draft Land Use and Community Design Element. 4 Exhibit A: Matrix November 16, 2010 Page 4 Land Use and Community Design Element Land Use and Community Design Element Land Use and Community Design Element Land Use and Community Design Element Land Use and Community Design Element Circulation and Infrastructure Element Place all the unsightly tall telephone and electrical poles underground. Convert the Santa Anita Park parking lot into a park. Plant more trees and preserve existing trees. Change the maximum building height in the DMU and MU zones, and parcels with a Downtown Overlay from 45' to 48' in height to build a true 4 -story building. A request to change the land use designation at 23 W. Foothill Boulevard from Residential to Commercial. A property owner on Loganrita raised the following comments: 1. As part of the Santa Anita Avenue and Duarte Road intersection improvement, a bike lane should have been included in this expansion. Is the City paying attention to the Staff supports this request in general since the proliferation of overhead utility lines and poles has long been cited as a source of urban visual pollution. Refer to the discussion on "Overhead Utilities" on page 4-43 of the Draft Circulation and Infrastructure Element, and related policies CI -13.2 and CI -13.3 on page 4 -47. Staff does not support this request. See discussion of Santa Anita Park beginning on page 2 -63. Refer to Policy LU -3.6 on page 2 -29 of the Draft Land Use and Community Design Element, and Implementation Measure No. 7 -8. See the response below under Staff Recommended Changes. The request has since been withdrawn. 1. The Duarte Rd. and Santa Anita Ave. intersection improvements are funded by a federal grant with a scope of work that was determined several years ago, well before any discussions of a Bikeway Master Plan. The City supports the request to conduct a citywide 5 Exhibit A: Matrix November 16, 2010 Page 5 proposed goals and policies CI -1 and CI -3? The City should move forward with "real" transportation such as bicycles and rails, not cars. 2. Arcadia residents should take the issue of global warming more seriously. 3. There are too many two - story mansions built around the east part of the City, all monotonous and ugly - looking. 4. Too many trees are being destroyed from new construction and then the developer plants a small tree that could take 30 -60 years to mature in size. 5. If anything is being done to: a. Facilitate neighborhood critique of new residential housing from an aesthetic standpoint. b. Encourage the retention of old- growth trees regardless of distance from the street curb. c. Promote a "build around' instead of "build over" philosophy. 6 bicycle study and develop a Bicycle Plan. A discussion of accommodating bicycles can be found on pages 4- 22 to 4 -24 of the Draft Circulation and Infrastructure Element and the related policies CI -4.1 to CI -4.13 on pages 4- 32 -33, and refer to Implementation Measure 4 -5. 2. Staff supports reducing Arcadia's carbon footprint — refer to Policies RS -2.1 to RS -2.6 on pages 6 -10 and 6 -11 of the Draft Resource Sustainability Element. 3. Staff agrees that design review process that is currently in place should be continued to ensure that new development is consistent with the character and scale of the neighborhood — refer to Implementation Measure 2 -7. 4. Refer to Policy PR -3.1 on page 7 -23 of the Draft Parks, Recreation, and Community Resources Element, and Implementation Measure No. 7 -8. 5a. Implementation Measure 2 -7. 5b. Refer to Policy LU -3.6 of the Draft Land Use Exhibit A: Matrix November 16, 2010 Page 6 Circulation and Infrastructure Element Circulation and Infrastructure Element Circulation and Infrastructure Element Circulation and Infrastructure Element Provide free or inexpensive shuttle to take people from the new Gold Line station to a destination such as the racetrack, mall, Arboretum, etc. Parking Overlay Provide signage to attract visitors to Downtown Arcadia from the 1 -210 freeway and from the race track, Arboretum, mall, parks, and golf course. Pleased with the new Bike Plan. Review the L.A. and Community Design Element; Policy PR -3.1 of the Draft Parks, Recreation, and Community Resources Element; and Implementation Measure 7 -8. 5c. Implementation Measure 2 -7. Discussion of transit can be found on page 4 -18 of the Draft Circulation and Infrastructure Element. Regarding this comment, the following policies and discussion in the element address parking: 1) Shared parking facilities to be provided in downtown and, 2) A requirement that businesses not wall in their parking lots so that reciprocal access across adjacent properties (such as along Baldwin Avenue) are provided, which could facilitate "park once" strategies in business districts such as Baldwin Avenue. Staff supports this request. Refer to Implementation Measure Nos. 2 -5, 2 -6, and 4 -4. The Plan addresses this issue. Refer to policy Cl- 7 Exhibit A: Matrix November 16, 2010 Page 7 Circulation and Infrastructure Element Circulation and Infrastructure Element Circulation and Infrastructure Element Circulation and Infrastructure Element Circulation and Infrastructure Element County Master Bike Plan and determine if the bike paths can be linked together. Parking is currently a problem on Huntington Drive. Find a way to provide more spaces. Provide a sidewalk on the westbound side of Huntington Drive adjacent to the medical building at 301 W. Huntington Drive. Install a "Keep Clear" sign stenciled on the street Live Oak Avenue perpendicular to El Capitan since it is impossible to get out onto Live Oak in the mornings, afternoons, and evenings. The "Enhanced Pedestrian Environments" should include Duarte Road between Baldwin and Santa Anita Avenue to reduce speed and increase safety on the street. Include traffic measures that will reduce the time it 4.10 on page 4 -33 of the Draft Circulation and Infrastructure Element. Staff agrees with the comment to ensure parking facilities support diverse parking needs. Refer to Policy CI -7.1 and CI -7.2 on pages 4 -34 and 4 -35 of the Draft Circulation and Infrastructure Element. Staff supports the request to identify the need to where sidewalks are missing. Refer to Implementation Measure No. 4 -4. Staff supports this request; the work was completed the first week of August 2010. The "Enhanced Pedestrian Environments" are intended primarily for local commercial districts as a way to make the parkways more attractive for pedestrian usage to benefit the local land uses. Duarte Road between Baldwin Ave. and Santa Anita Avenue, except for very short segments, is not a commercial district and does not meet the intent of the designation. As a result, Staff does not support this request. A discussion on traffic calming measures can be 8 Exhibit A: Matrix November 16, 2010 Page 8 Circulation and Infrastructure Element Resource Sustainability Element Parks, Recreation, and Community Resources Element Parks, Recreation, and Community Resources Element Safety Element takes people to cross the street and force drivers to slow down. Promote the development of substations for electric vehicles. Have the City consider providing "free" mulch ground cover to the residents to reduce water conservation. Smoke -free parks Tree Census Provide some measures to found on pages 4 -18 and 4- 24 of the Draft Circulation and Infrastructure Element, related Policy CI -5.2 on page 4 -33, and Implementation Measure 4- 8. Refer to Policy CI -7.1 found on page 4 -34 of the Draft Circulation and Infrastructure Element. Staff supports programs that will support water conservation. A discussion of water conservation can be found on page 6 -12 of the Draft Resource Sustainability Element. Related policies: RS -4.5 (page 6 -20), Policy CI -9.8 (page 4 -45), and Implementation Measure 6- 9. The City recently set a policy to prohibit smoking in Wilderness Park in response to concerns related to fire safety. The City Council has chosen not to pursue additional restrictions in other parks at this time. Staff agrees with this comment to maintain the City's Urban Forest. A discussion of this can be found on page 7 -22, a related Policy PR -3.1 on page 7 -23 of the Draft Parks, Recreation, and Community Resources Element, and Implementation Measure No. 7 -8. Preferred walking routes to 9 Exhibit A: Matrix November 16, 2010 Page 9 Introduction, p. 1 -7 Land Use and Community Design Element, p. 2 -8 (Figure LU -4) Land Use and Community Design Element, pp. 2 -14 to 2 -15 prevent the students from crossing the street on Campus Drive to the high school. Changes Requested by City Staff Add text to "Community Workshops and Events" to include the two workshops held in the summer of 2010 and the Planning Commission and City Council study sessions preceding the public hearings. In the Industrial designation in the legend, the FAR should be 0.50. For the Downtown Mixed Use (DMU) designation, change the maximum height from 45 feet to 48 -50 feet. schools are addressed in Implementation Measure 4.3 and 4.4. This language will describe the complete outreach program, including events conducted following release of the Draft General Plan. This is a correction to correspond to the text on page 2 -16. Since publication of the Draft EIR, staff and the consultant team have had discussions with architects and other professionals regarding these height limits. In order for a quality four -story mixed -use project to be achieved (for example, ground -floor retail or office with three floors of residential above), a higher height will be required to achieve the floor plate configurations necessary to meet building code requirements and provide the products that markets demand. The range is suggested as one which will be refined in the zoning code, in the event the recommendation of the Planning Commission and City Council is to allow for height limits up to 48 -50 feet. 10 Exhibit A: Matrix November 16, 2010 Page 10 Land Use and Community Design Element, pp. 2 -40 and 2 -41 (Figure LU -9) Land Use and Community Design Element, pp. 2 -43 to 2 -76 Land Use and Community Design Element, p. 22 -41 Circulation and Infrastructure Element, pp. 4 -21 to 4 -22 Circulation and Infrastructure Element p. 4 -9, bullets in 5th paragraph All figures and text related to the Gold Line station will be revised to show and describe the new Gold Line platform location to be placed west of First Avenue. Revise Tables LU -1 and LU -2 (attached) to reflect build -out assumptions with lower long -term yields within the Mixed Use designation, and to include a footnote relative to the Westfield Shopping Center. As Metro recently revised the station plan to place the train platform west of First Street, text and graphics will need to be revised accordingly. The following bullet points should replace the bullet list on Page 4 -9, 5 paragraph and Page 4 -29, Policy Cl- 1.3: Since release of the Draft General Plan, the Gold Line Construction Authority has reengineered the station area to place the platforms at this more desirable location. The projected build -out numbers have been adjusted downward based on an assessment by the planning team that the lot sizes and depths on properties within the Mixed Use designation (specifically along First Street and Live Oak Avenue) may limit the ability of developers to achieve development intensities toward the higher end unless significant lot consolidation activity occurs. This assumption will have no affect on the EIR analysis since the build -out number is reduced, nor will it limit the ability of developers to propose projects at the higher intensity limits since subsequent project- specific CEQA review will be required. Revised graphics will be provided to the Planning Commission. This language reflects standards described in materials prepared by the traffic consultant but inadvertently misstated in 11 Exhibit A: Matrix November 16, 2010 Page 11 p. 4 -29, Policy CI -1.3 Housing Element Parks, Recreation, and Community Resources Element p. 7 -6, Table PR -1 p. 7 -12, Table PR -2 Also throughout Element Noise Element, pp. 9 -9 to 9 -10 • Intersections /roadways at or adjacent to freeway ramps • Intersections /roadways adjacent to Santa Anita Park during racing season • Intersections /roadways at or adjacent to designated Downtown, Baldwin Avenue, and Live Oak Avenue commercial and mixed - use districts. Only changes to the Implementation Programs are proposed; see below. The County of Los Angeles Department of Parks and Recreation asked that the name of to the Arboretum be changed to Los Angeles County Arboretum and Botanic Garden throughout the Element. The Department also provided updated acreage figures for the various County parks and open space facilities in Arcadia, yielding 439acres total of County facilities, rather than the 550.75 reported in the draft Element. Include attached graphics N -1 and N -2 and the following text at the bottom of page 9 -9: With regard to roadway noise, Figure N -3 identifies the noise contours associated with projected 2035 roadway traffic volumes. The noise the Draft General Plan. The Level of Service standards apply to intersections and roadways, not just intersections. Staff proposes to make the changes consistent with the County's figures. Because the County facilities were not included in the calculation of the Arcadia parkland inventory and populations served, none of the goals and policies in the Element are affected. The parkland per 1,000 residents figure, as of 2009, remains at 2.38. The noise analysis of future roadway noise conditions was not complete at the time of the Draft General Plan release. No changes to goals or policies are needed or proposed. 12 Exhibit A: Matrix November 16, 2010 Page 12 Implementation Plan, p. 10- 12 analysis conducted for the General Plan determined that although traffic levels along key streets will increase over the long term, the associated traffic noise increases along the routes illustrated in Figure N -3 will be Tess than 1.5 dBA CNEL. Given that the industry standard for assessing whether noise increases are generally perceptible to most people is 3.0 dBA CNEL, future roadway noise in Arcadia will not create any new conditions of concern. Add the following new measure 4 -9 and renumber subsequent measures: 4.9 Implement Roadway Modifications Implement the following roadway modifications as identified in the Circulation Element: • First Avenue, between California Street and Duarte Avenue: Restripe from four to two lanes • Colorado Boulevard, between Santa Anita and Fifth Avenue: Restripe from two to four lanes • Santa Clara Street between Santa Anita Avenue and Fifth Avenue: Restripe from two to four lanes • Santa Anita Avenue This measure re- emphasizes the planned changes discussed on page 4 -15 of the Circulation and Infrastructure Element. 13 Exhibit A: Matrix November 16, 2010 Page 13 14 Exhibit A: Matrix November 16, 2010 Page 14 between Street Boulevard: four These to the system. needed but will necessary the General and to changes existing They in eventually Santa six lanes the by Plan. Clara Colorado Restripe are planned street are not short term be build -out from of '�, Implementation Plan, beginning on p. 10 -18 addressing the Housing Element Program 5 -5: Revise the third bullet to read (added language underlined): Monitor the development trends in the City annually, These changes have been made in response to comments received by the State Department of Housing and Community Development (HCD). With these changes, HCD indicates that it will be able to certify the Housing Element to be in compliance with State law. particularly on the sites identified in this Housing Element to ensure that the City has adequate remaining capacity for meeting the RHNA. Identify additional sites to replenish the sites inventory if necessary. Annually, monitor the trend of redevelopment and lot consolidation activities in the City to evaluate the effectiveness of the City's lot consolidation program (Program 5 -6 below) and strategy for facilitating the reuse of underutilized sites. As necessary, revise the City's strategy to encourage lot consolidation and development on vacant and underutilized properties. Add new Program 5 -6 to read: 14 Exhibit A: Matrix November 16, 2010 Page 14 Given the built -out nature in Arcadia, the City continues to look for properties where small lots can be purchased or consolidated with surrounding lots to provide opportunities for housing. To facilitate consolidation, the City has developed and is currently utilizing a very simple and expeditious method of joining properties. The City requires a Lot Line Adjustment, which can consolidate four or fewer Tots without the need of a public hearing or any discretionary action. Lot line adjustments are an administrative process. Applications are reasonable in price ($469) and have a short processing time (10 business days). Objectives: • Develop a marketing piece for the local development community to highlight the ease of completing the Lot Line Adjustment process and offer fee waivers for affordable housing projects. • Offer incentives to facilitate the consolidation of the small properties into larger parcels that can be efficiently developed into a mixed -use project. Incentives include: 15 Exhibit A: Matrix November 16, 2010 Page 15 Implementation Plan, p. 10- 43 - Fee waiver; and - Priority in permit Processing (lot consolidation projects become first projects processed among staff once received). Update the Fee Schedule to reflect these lot consolidation incentives. Revise prior Program 5 -6 (now renumbered to 5 -7) to read: The Los Angeles County Housing Authority currently administers the Section 8 Housing Choice Voucher Program for Arcadia residents on behalf of HUD. HUD's Housing Choice Voucher program assists extremely low and very low - income households by paying the difference between 30 percent of the household income and the cost of rent. Pursuant to HUD regulations, 70 percent of the new voucher users must be at the extremely low income level. As of 2009, 41 households were receiving Housing Choice Vouchers. Under the heading 9. Noise Element, include a new subheading 9 -1. Noise Assessments. Also add the following after the first paragraph: For purposes of community noise assessment, potential changes to the existing This language was included in the prior General Plan in 2006 by amendment and was inadvertently left out of the draft General Plan. 16 Exhibit A: Matrix November 16, 2010 Page 16 noise and traffic conditions can adversely affect the ambient noise conditions. These can be characterized by measurable increases in noise levels and indirectly by increases in traffic volumes. Unless otherwise exempted, proposed projects shall require preparation of environmental analyses under the provisions of the California Environmental Quality Act and an acoustical analysis for proposed new construction to pursue the noise standards identified in Table N -2 in the Noise Element. Among other required elements, the analysis shall discuss how the project will pursue the following guidelines: • No more than 3 dBA CNEL increase for all areas where the proposed project's noise levels would meet or exceed the City's dBA CNEL noise level performance shown in Table N -2 • No more than a5dBA CNEL noise level increase for areas where the proposed project's noise levels remain below the City's noise standards shown in Table N -2. 17 Exhibit A: Matrix November 16, 2010 Page 17 'OR P1M11 -17 11A Iwuiil '�Illli i' d 4 ui a.. • Exhibit A2 Revised Buildout Tables for Land Use and Community Design Element Exhibit A2: Revised Buildout Tables November 16, 2010 CO 4 4 i0 M m O co 0. O a O N 0 To N 0 C f1 O N 0 To 0 N 0 1— co R J y 0 1 O 0 1 o) co O N Ln 1 N L() 1 0 O 1 ti o) O) 0 0) 1 0)) N M M O M O 1 co N N O CR. N CO CO C O) M 0 N c 1` ti N p- c CO N O T ! t0 T 1 ti Cn co ( 1 0 (0 M M (0 1 N co ri 0 N 17 . N O (0 O T 1f) (0 M 1 co 1 1 1 L A' d f0 (0 d 5 ,co co aV. u a c ) E a) a) To m R 0 w y s z 0 0 E O E ' Eu 0 3 .co) o QQf li � e x_ 0 y 0• v J 2 V U d'U 0m C 8 C C M O co 0 CO CO N 1 1 1 N 1f) 4 O 1 1 1 1 1 1 1 o) O csi 0)) O co CO M CO 1 O O 0) M M 1 M co O Ln 1 (0 o 1 1)) N 0 M 1 N 0 M u) co M N 1 co M N co 0 CO 10 CO T 1 1 1 1 1 1 1 1 Tr; 1 1 1 1 ti co 1 O E co CC o. V) c 00 1 m t V 1 1 1 1 0) N 1 0 N 1 1 1 1 1 1 N CD N 1- o T L0 N 1 C co 0) O 2 1 C c E,' Y O 0 coup a 1- -o 4 c ° 6 8 o= - 0= ¢ ° a . 0 EO• d E to 6 n ocs „ a a) ) U , a E co co c a) E 0) N p t. o-c C .r C d a CO 0 6 10 Q CO y -o 0 O co 07 c. w f0 0 c N Y C co •y O . Q a E ! C U C u_ O a) c - 0. o6 ��jd co@ oU�° �c U d IE O c 0 N O $NV a d� i0 cc0 CO y (0 w t0 E J 0 v E y g d 2 Q ,E s8. o y 0 0 co c :t N E N f 0 cco >5 p m CO 0) 7p0 U O LO O co y E 7.3 = 0- o .c ....c- c 0t O r O O O o E. >+-YL o o O C . ) >t O0)) CS C C J .'' m 6 To V U C,0 C o E • m 3 cod a) c c O J C O O 4) 0 a) y g .S) cE0 0 d 0 co y co a) 0 e 0) s- V) 0 0 0 c a g 4 E y 6 y C 0 a TA o C C a) c C d ...7 0 . 0 00000 y c 0. o 0 0 E 46 N E C C . .. o c ° O 7 C a o c_— N o .c U •y � a) U C . 0 - u)) =oi - cOO o Z - CV Increase /Decrease Population ►" v o r ti N (312) 6,968 (3121 i CD cn co (O ' ct svis ;aaJ alenbg - sad -uoN 890`ZL£` 4 1 76,094 (04E` 0£6'66 161,0151 489.918 2,172,715 41.`ZL 4'Z 1 s` Dwelling Units 61.E ( 8LL 49E 901.' 1. (144) vsst (444) E1717`Z unuvua ,a\.\,, anal I Id uGel I CIpplieu 10 all commercial development. The figures do not take into account precise entitled square footage for individual development projects. Such projects —such as the regional shopping mall —are permitted to develop consistent with entitlements granted. 2. Development assumptions for the Santa Anita Park Area No land use changes are proposed for this area. 0.3 FAR allowed for the Commercial portion of Santa Anita Park. FAR not applicable for the Horse Racing portion of Santa Anita Park and existing structures related to Santa Anita Park have not been included in the square - footage calculation Regional Shopping Mall not included in this focus area. 2010 General Plan Population 91717` 99Z 8tL`L 69Z' l. 51,2771 209`9 V66`19 209`S L6S`L9 Non -Res. Square Feet' 888,624 3,044,800 6EL`99£ E99` It' 1,071,924 Z9COl.9`4 1SZ9`9LI. 859,003 13,459,717 859,003 14,318,720 silun 6u!panMQ '9ZS 1 E6 948`2 4917 6E9'8 4 9E0`Z SES`ZZ 9E0`Z 4LS`17Z Population L9S £17E 549 ZZZ 48,2791 1746'9 9Z0`SS 1746`5 10176`09 196 General Non -Res. Square Feet 1729`888 1,672,732 280,645 1,338,163 11766`4L6 1,449,137 4,685, 7071 859,003 11,287,002 859,003 1900`9174`Z S!ufl 6u!I!aMa 90Z 924 16EO'Z 108 1 1E 9 'L 4 1.174'3 196`61 1174 `Z 1834`33 sai 'Santa Anita Park 'Downtown Arcadia 'Duarte Rd. /First Ave. Baldwin Ave. /Duarte Rd. 1 Live Oak Ave. Lower Azusa Rd. Reclamation Area City (outside focus areas)` 1 Sphere of Influence y Limits Total here of Influence Total Planning Area Total 1 N M st I to I CL ccs CV J 1- Exhibit A3 Revised Graphics for Downtown Arcadia and Noise Element Exhibit A3: Revised Graphics for Downtown Arcadia and Noise Element November 16, 2010 1 Jg it Eigm g og ! " Ea igg 0 <g u o 1 0 u 3' O , N 3 a Noise monitoring results from the short -term measurements indicated that generally, areas adjacent to 1 -210 and Foothill Boulevard, Campus Avenue, Duarte Road, Michillinda Avenue, and Huntington Drive experience the highest noise levels. The lowest noise levels occur along local streets in residential neighborhoods, averaging 51.9 dBA Leq. The highest recorded level was 69.9 dBA Leq at Foothill Boulevard at Oakdale Lane, attributed to vehicle traffic on Foothill Boulevard. Figure N -1 indicates ambient CNEL noise levels reflective of the noise measurements for baseline year 2008, largely attributable to transportation sources. The State regulates noise generated by individual vehicles thus, the City cannot establish noise limits for individual vehicles. However, the Police Department enforces State vehicle code standards. State law prohibits vehicles from using any sound amplification system that can be heard from 50 feet away from a vehicle. State law also requires the use of adequate mufflers to prevent excessive or unusual noise. Stationary Source Noise Stationary noise generators in Arcadia include Santa Anita Park (during racing seasons), industrial businesses with outdoor operations, and commercial businesses that have outdoor entertainment, late -night activities, and excessive truck traffic. The impacts of these uses are localized. Other stationary noise sources include everyday activities such as construction and gardening equipment. Stationary noises can be as disruptive as background traffic noise. Noise studies performed in 2006 in the vicinity of Santa Anita Park while races were occurring indicated that the sounds of loudspeakers and other non - traffic related noise sources do not result in particularly loud nuisance noise within surrounding neighborhoods, although the immediately adjacent residents do hear the loudspeakers. Anticipated Future Noise Conditions Over the life of this General Plan, the key change that will affect the local noise environment will be establishment of Gold Line light rail service to the planned station in Downtown. Train motion along the tracks and the sounding of train horns for approaches to at -grade street crossings will create new noise sources. Based on Metro's projections for service frequency and types of engines and train cars used, noise mitigation will be required at select locations in Arcadia, as identified schematically in Figure N -2. Establishment of Gold Line light rail service to Arcadia will include appropriate noise and vibration mitigation. e Draft Environmental Impact Report, Santa Anita Park Specific Plan. City of Arcadia. October 23, 2006. ARCADIA GENERAL PLAN - NOVEMBER 2010 NOISE 19.7 FIGURE N -1: 2008 BASELINE NOISE CONDITIONS 9.8 I NOISE Mapped by: Hogle- Ireland Inc., 2010. Dais sources: Urban Crossroads, 2010. 2006 EWAN, Mee Omit= 45 db 50 db MEM 55 db MMINS 80 db 65 db r 70 db 75 db BO db MINE 85db wee Map Fealties - - ay Bandar ,hereof Influence Local wad 1■1■1 ■1.■ Inroad Voter Feeba° ARCADIA GENERAL PLAN - NOVEMBER 2010 - FIGURE N -2: TRAIN NOISE MITIGATION AREAS I,AVLii AV $k417A l LAPA ST Legend __... Gold 1. me Alignment a Parking Free rYai c and Walls kung Insulation for 2nd Stories Arad,a CIA', Bounder) t.l. tOPIE SI 5 kV NU1i77FiGTU11 PP 1011ilA SI CP.LIFOPILIn t MIC'nl%ST SF ILT )OSE710 ST The features required include sound walls to shield residences west of Santa Anita Avenue and generally east of Fifth Avenue, and sound insulation on the second stories of buildings at the east end of the City. Because the train tracks will be elevated over Santa Anita Avenue, this configuration will reduce train horn noise since the trains are only required to use horns when approaching at -grade crossings. As Metro prepares detailed design plans for the Gold Line, the City anticipates that noise - reduction strategies will evolve along the train route, and the City's commitment is to make sure Metro incorporates measures to achieve the noise /land use compatibility criteria established in this element. With regard to roadway noise, Figure N -3 identifies the noise contours associated with projected 2035 roadway traffic volumes. The noise analysis conducted for the General Plan determined that although traffic levels along key streets will increase over the long term, the associated traffic noise increases along the routes illustrated in Figure N -3 will be less than 1.5 dBA CNEL. Given that the industry standard for assessing whether noise increases are generally perceptible to most people is 3.0 dBA CNEL, future roadway noise in Arcadia will not create any new conditions of concern. r 0 :SP SOU i*ie I e ARCADIA GENERAL PLAN - NOVEMBER 2010 NOISE I 9-9 FIGURE N -3: FUTURE NOISE CONTOURS 9-10 I NOISE 2:1114 11I001:„; Mapped by: Hoaledreand Inc., 2010. Date Sources: Urban Crossroads, 2010. FWn Skis* Colton 45 d) 50 d) MN 55cb MIN 60cb 65 d1 - 70 ± 75 d1 80 cb - 85 Base Map Fia0les City Boundary *hers Of Influence Freeway Local Fbad Railroad V16ter Feature ARCADIA GENERAL PLAN - NOVEMBER 2010 Exhibit A4 Matrix of Proposed Changes from the Public Hearing Process Exhibit A4: Matrix of Proposed Changes from Public Hearing Process November 16, 2010 •.. ' 1.' ., '.'d !� t }" 3 ,� .pt 1 l .' T- • Y C.r . to r -'9..d �.., C3 x -� < <. R { $K 1 d -k t T 3' t ] � y i.�t Ju1 q th F• 9'� '( h A S ' 0 9 2 [ 4; ..v r ..F ;'i. t3 ., .. ... .. .. .. , . •Y cx Planning Commission Municipal Code Section 9274.1.10, Public Purpose (S -2) Zone. Add "schools" and "school facilities" as a permitted use in the S -2 Zone and refine the Draft Zoning Map. Municipal Code Section 9278.1, Open Space (OS) Overlay Zone. Amend the Open Space Overlay Zone to become a base zone and refine the Draft Zoning Map. Buildout Table LU -1 (attached in Exhibit `A2'). The following footnote added as Footnote #3: 3. The figures presented in the table are derived from the 80% buildout factor that has been applied to all commercial development. The figures do not take into account precise entitled square footage for individual development projects. Such projects — such as the regional shopping mall — are permitted to develop consistent with entitlements granted. Also, it was explained that for Regional Shopping Mall, the number provided in the table (1,378,238 square feet) was representative of the 80% buildout factor and not a reflection of allowable square footage. City Council Amend the regulations in the Central Business District (CBD) Zone in the Municipal Code. Remove all the regulations that limits the use of ground floor and the front one -third (1/3) of the ground floor for retail commercial businesses. Land Use and Community Design Element Page 2 -11, RE — Residential Estates and VLDR- Very Low Density Residential — Delete the "keeping of horses" from the land use designation description. Recommended Changes through the Public Hearing Process This table identifies recommended changes from the Planning Commission (from their October 26, 2010 Public Hearing), City Council (from their October 27, 2010 Study Session) and from staff in response to further review following these meetings. The first column indicates which Element (chapter) of the General Plan would be affected or what portion of the Municipal Code or Project Component. The second column describes the recommended change. These are all considered technical changes. The City Council is asked to consider these revisions as part of its action on the Draft General Plan. 1 Exhibit A4: Matrix November 16, 2010 Page 1 2 Exhibit A4: Matrix November 16, 2010 Page 2 Land Use and Community Design Element Revise the Overall Urban Design Framework Map (Figure LU -6), located on page 2 -19, to include Baldwin Avenue and Huntington Drive as a Focal Intersection. Circulation and Infrastructure Element Staff was directed to review policies concerning overhead utility wires and aesthetics. No change is recommended by staff because existing policies are strong enough and address the issues. Polices in question are Policies CI -13.2 and CI- 13.3 of Page 4-47 of the General Plan, both of which apply citywide. Staff Zoning Map The General Plan Land Use Map provides a designation of "Commercial" to the majority of the property within the Downtown focus areas. Within this area, the parcels that are currently zoned either M -1 (Light Industrial) or C -M (Commercial Manufacturing) were shown on the Zoning Map as C -2 (General Commercial). This is incorrect; the actual zoning of the parcels currently zoned M -1 or C -M are all now zoned C -M (Commercial Manufacturing). These revisions are shown on the revised Zoning Map in Exhibit 'C'. Zoning Map The Zoning Map has been revised to show City parks as S -2 Public Purpose. This is the more appropriate zone for such uses. They were originally shown as Open Space. This revision is shown on the revised Zoning Map in Exhibit 'C'. Zoning Map A small parcel to the west of the "Peck Park" Recreation Area owned by the KARE Youth League was shown as S -2 Public Purpose zone. This is incorrect as this is not a public school and the parcel should revert to its proper zoning of R- 1. This revision is shown on the revised Zoning Map in Exhibit 'C'. Land Use and Community Design Element Revise the 5 bullet on Page 2 -69 of the General Plan. This bullet discusses uses that will complement and not compete with major uses "such as the Downtown ". This statement does not make sense and the bullet should be revised to state, "The uses will complement existing major activity centers throughout the City ". Land Use and Community Design Element Staff received a letter from the Land Use Coalition of Public Counsel's Early Care and Education Law Project requesting an additional policy be added to the Land Use Element related to childcare facilities. Staff recommends the following policy be added to the General Plan: 2 Exhibit A4: Matrix November 16, 2010 Page 2 3 Exhibit A4: Matrix November 16, 2010 Page 3 Policy LU 1.11: Encourage the development of a range of childcare facilities, including infant care, pre- school care and after - school care, to serve the needs of Arcadia families and workers. Encourage the development of childcare facilities near transit oriented development. In accordance with the strategic plan adopted by the Los Angeles County Child Care Planning Committee, reduce barriers to childcare services due to zoning regulations and expensive permit requirements. Text Amendments — TA 10 -02 The redlined version of Text Amendment 10 -02 indicated that the Limited Commercial (C1) zone would be repealed in its entirety. This is incorrect and the development standards listed under this zoning designation will remain. 3 Exhibit A4: Matrix November 16, 2010 Page 3 The Planning Commission of the City of Arcadia met in regular session on Tuesday, October 26, 2010 at 7:00 p.m., in the Council Chambers of the City of Arcadia, at 240 W. Huntington Drive with Chairman ParriIle presiding. PLEDGE OF ALLEGIANCE Chairman Pantie led the Pledge of Allegiance. ROLL CALL: PRESENT: Commissioners Baderian, Baerg, Beranek, Chiao and Parri lle ABSENT: None OTHERS ATTENDING MINUTES ARCADIA PLANNING COMMISSION Tuesday, October26, 2010, 7:00 P.M. Arcadia City Council Chambers Assistant City Manager /Development Services Director, Jason Kruckeberg Deputy Development Services Director /City Engineer, Phil Wray Community Development Administrator, Jim Kasama Senior Planner, Lisa Flores Senior Administrative Assistant, Billie Tone Hogle - Ireland Consultant, Laura Stetson Bon Terra Consultant, Kristin Keeling SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS There were none. TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO ADDRESS THE PLANNING COMMISSION ON NON - PUBLIC HEARING MATTERS — Five - minute time limit per person There were none. PUBLIC HEARING 1. GENERAL PLAN UPDATE General Plan Update, Final Environmental Impact Report, Proposed Zoning Code Amendments, and New Official Zoning Map Mr. Kruckeberg and Ms. Flores presented the staff report. Chairman Parri lle asked for questions from the Commissioners. The Commissioners chose to first hear from the audience. Chairman Perri Ile asked for questions from the audience. Ms. Jane Yu, thanked the Commissioners for the opportunity to voice her concerns about zoning for her property at 1012 S. First Avenue. She said that her family purchased their home in 1988 and it was a nice, quiet neighborhood at that time. However, because her property is surrounded by C-2 zoning, the neighborhood has seen some significant changes with an auto repair shop and remodeled health dub and swimming pool being added across the street. Ms. Yu said that she is concerned that rezoning in the General Plan Update may have a further negative effect, particularly in regard to noise. Mr. Kruckeberg said there are no changes proposed in the General Plan Update for that area. However, Mrs. Yu may want to consider requesting a noise evaluation of the area. Ms. Beth Constanza, Executive Director of the Arcadia Chamber of Commerce, said that the General Plan Update was very interesting and that it contained lots of good ideas but she felt that the local business community should have been more involved in the development of the Plan. Mr. Kruckeberg pointed out that three members of the General Plan Advisory Committee were also members of the Chamber of Commerce and that staff conducted several workshops sponsored by the Chamber. In addition, there were two General Plan Update meetings specifically for local realtors and business people. He noted that staff made a concerted effort to involve local business people and to take their input into consideration. MOTION: It was moved by Commissioner Baderian to close the Public Hearing. Without objection the motion was approved. Chairman Perri Ile asked if the Commissioners had any questions. Commissioner Baderian asked if water resources could accommodate the projected population. Mr. Kruckeberg said that a water supply assessment is part of the Environmental Impact Report and as a result of this assessment, staff has been assured by all the suppliers of water for the city that the necessary resources will be available to accommodate the projected population increase. Commissioner Baerg asked about the proposed regulations for designated parking spaces for accessory dwelling units. Ms. Flores explained the proposed regulations and how they would apply to accessory dwelling units. Chairman Perri Ile asked if parking regulations were reviewed for all uses or only for mixed use. Mr. Kruckeberg said that only mixed use and R -3 zoning parking uses were evaluated in the General Plan Update. Commissioner Beranek asked how the Gold Line Station and parking structure will be integrated into the General Plan Update. Mr. Wray explained that staff will conduct inspections as construction proceeds on the Gold Line and that the city will design the transit plaza in accordance with the plan envisioned for the city. PC MINUTES 10-26 -10 Page 2 Commissioner Chiao asked how the new policies in the General Plan Update would be applied to a new development. Ms. Flores explained that any new development would be subject to both the General Plan policies and zoning regulations and that both sets of policies are designed to be compatible, with neither taking precedence. Commissioner Baderian asked if Police and Fire resources would be able to accommodate the projected growth and development in the city. Mr. Kruckeberg explained that this issue was explored in depth with both Police and Fire officials to ensure that the policies of the General Plan would allow them to meet their internal needs and response time requirements and that staff and Police and Fire officials were satisfied. Commissioner Baerg noted that some of the parking back -up requirements in the R -3 zone were reduced and he asked if the proposed regulations are similar to those in other cities. Mr. Flores said that a survey revealed that the proposed regulations are, indeed, common in the surrounding cities. Chairman ParriIle asked about the proposed increase in density from 24 to 30 dwelling units per acre in the R -3 zone. Mr. Kruckeberg said that developers in Arcadia often build fewer units per acre than permitted and the proposed recommendation includes the establishment of a minimum number of units to .insure that R -3 lots are developed in accordance with R -3 expectations. Commissioner Beranek asked about the future of horse racing in the city. Ms. Flores said that the long term vision includes horse racing, but if it were not to continue throughout the life of this plan, the replacement use should not compete with the existing mall or downtown. Mr. Kruckeberg noted that horse racing could only be replaced with a world class project. Commissioner Chiao asked about the proposed update of the zoning map. Ms. Stetson said that the zoning map will be updated to be parcel specific and to make sure it corresponds with the General Plan Update. In addition, the zoning map will be refined and modemized to more efficiently reflect of the General Plan vision. Commissioner Baderian noted that the General Plan Update includes a major statement on the importance of bicycles and he asked for comments on this subject. Mr. Wray said that the General Plan Update Circulation Element shows potentially good bike routes and that this will be a useful tool in implementation of bike lanes and the pursuit of grant funding for this purpose. Commissioner Baerg asked if any of the state agencies that were notified of the EIR had any problems with the plan. Mr. Kruckeberg said that 14 official replies were received from various state agencies and that staff responds to all points raised in these letters. He noted that none of these agencies expressed any concems or suggested any inadequacies of the city's responses. Chairman Parrille asked if a desirable project is proposed next year that does not meet the objectives of the updated General Plan can it still be accomplished. Ms. Flores explained that if that occurred, the City Council would be able to consider a General Plan Amendment. PC MINUTES 10 -26-10 Page 3 Commissioner Beranek asked about the recommendations for Live Oak Avenue. Mr. Kruckeberg said that a change in development standards to allow larger Tots to be redeveloped with mixed use projects, the doubling of the floor area ratio, shared parking, etc., are some of the incentives recommended to encourage property owners to redevelop this potentially attractive commercial corridor. Commissioner Chiao asked how the plan addresses the projected increase in traffic in the city. Mr. Wray pointed out that the EIR included traffic models of future growth and recommended land use changes. Hot spot areas where roadways are expected to be impacted by future growth were identified and mitigation measures were developed. In addition, he added that staff will continue to enhance the traffic signal program. Commissioner Baderian asked if the mitigation and monitoring program is reviewed yearly or on a project -by- project basis. Mr. Kruckeberg explained that the program is reviewed annually to ensure that growth is mitigated to a level that is not significant to the environment. Commissioner Baerg asked what concerns were most commonly expressed by residents at the community workshops. Ms. Flores said that many residents voiced concem about traffic, parking and transportation in the downtown area. Mr. Kruckeberg added that comments on the Gold Line were also prevalent and, of course, lots of questions about the effect on each individual's particular property. Chairman Perri lle asked where most of the proposed changes in the plan would occur. Ms. Flores said most of the change would occur in downtown and the Live Oak area. Mr. Kruckeberg said that the detailed implementation plan will serve as a key that allows the Planning Commission and City Council to identify and assign priorities. Commissioner Beranek mentioned that many residents have expressed concern related to the size of single family homes and he asked how this issue is addressed in the Plan. Ms. Flores explained that the General Plan Update does not specifically limit the size of a home but provides policies that apply to the size, mass and compatibility of a home with the neighborhood. Commissioner Chiao asked if the projected growth will lead to significant impacts on the Arcadia School District. Ms. Stetson said that representatives of the school district and PTA have assured staff that projected growth can be accommodated. She also pointed out that fees on new development support schools and insure that funds are available to accommodate growth. In addition, school district officials can use the projections in the General Plan Update in their own future planning. Each Commissioner thanked staff on behalf of the entire community for their diligent efforts in development of a thoughtful and inspiring vision to serve as a guide to future development. MOTION: It was moved by Commissioner Beranek, seconded by Commissioner Baderian, to approve the General Plan Update, the Zoning Map and certification of the FEIR with the project requirements and mitigations outlined in the Mitigation Monitoring and Reporting program PC MINUTES 10-26 -10 Page 4 (MMRP) and the Statement of Overriding Considerations (SOC) set forth in Section of the Staff Report. ROLL CALL AYES: Baderian, Baerg, Beranek, Chiao and PerriIle NOES: None CONSENT ITEM 4. MINUTES OF OCTOBER 12, 2010 RECOMMENDATION: Approve the minutes of October 12, 2010. MOTION: ROLL CALL: AYES: Commissioners Baderian, Baerg, Beranek, Chiao, and Parrille NOES: None MATTERS FROM CITY COUNCIL & PLANNING COMMISSION It was moved by Commissioner Baderian, seconded by Commissioner Beranek, to approve the minutes of October 12, 2010 as presented. Mr. Kasama asked the Commissioners about their availability for meetings during November and December. MODIFICATION COMMITTEE AGENDA Chairman Pamile reported that MC 10 -29 for wall signs and MC 10 -32 for the addition of a second story were both approved at the meeting this morning. A third item, TRH 10-01 and THE 10-20, for an oak tree that was removed without a permit and trenching that encroaches on a neighbor's oak tree, were denied and forwarded to the City Attomey for action. MATTERS FROM STAFF & UPCOMING AGENDA ITEMS Mr. Kasama said that the November 9 meeting will include review of a Business License Revocation and a proposed project at Baldwin Plaza. ADJOURNED ATTEST: ry," Planning Commission 8:20 p.m. PC MINUTES 10-26 -10 Page 5 Exhibit Bi Text Amendment No. TA 10 -01 (New Regulations to the Zoning Ordinance): 1. Repeal in its entirety, the Heavy Manufacturing (M -2) Zone and regulations set forth in Article IX, Chapter 2, Part 2, Division 7 and replace it with a new Downtown Mixed Use (DMU) Zone and regulations. 2. Repeal in its entirety, the Community Commercial (C -C) Zone and regulations set forth in Article IX, Chapter 2, Part 2, Division 8 and replace it with a new Mixed Use (MU) Zone and regulations. 3. Adding a new Restricted Multiple - Family (R -3 -R) Zone and regulations in Article IX, Chapter 2, Part 5, Division 4. Exhibit B1: Text Amendment No. TA 10 -01 November 16, 2010 (NEW) DOWNTOWN MIXED USE (DMU Zone) Repeal Division 7, M -2 Heavy Industrial Zone in its entirety and replace it with a new Downtown Mixed Use zone since Heavy Industrial as a land use will be eliminated as part of the General Plan Update. 9267.1 PURPOSE The purpose of this Section is to ensure compatibility between the different land uses (e.g., residential and commercial) operating within a mixed -use project that offer opportunities for people to live, work, shop, and recreate without having to use their vehicles. The Downtown Mixed Use Zone is intended to promote a strong pedestrian orientation through its mix of permitted uses and specific development standards. Stand alone residential uses are not allowed. 9267.2 PARCEL CONSOLIDATION INCENTIVE PROGRAM In order to encourage the assemblage of smaller existing parcels into large parcels that can be more efficiently developed into a mixed -use project, the following incentives are offered: a. Fee waiver. b. Priority in permit processing (lot consolidation projects become the next projects processed among staff once received). 9267.3 RESIDENTIAL DENSITY Density shall not exceed 50 dwelling units per acre of lot area. 9267.4 FLOOR AREA RATIO The Floor Area Ratio (FAR) for non - residential uses is 1.0. 9267.5 BUILDING HEIGHT No building hereafter erected, constructed or established shall exceed four (4) stories or forty -five (45) feet in height, not including roof - mounted equipment and accessory structural items as provided for in this Division. 9267.6 BUILDING SETBACKS The structure shall be treated as a commercial type of structure and no setbacks shall be required. The maximum setback permitted for any street -side is ten (10) feet, which may be used for landscaping, pedestrian circulation, entry court, outdoor dining, and similar uses related to a downtown pedestrian environment. Exhibit B: TA 10 -01 -DMU Zone November 16, 2010 Page 1 Communication and Transportation Permit Requirement Alternative fuels and recharging facilities as an accessory use P Automobile related uses except sale of new or used cars in connection with the sale of new cars. Refer to ARA No. 231 for a list of Inappropriate Uses. C Motor Vehicle parking lot/structure facilities P Major wireless communication facilities C 9267.7 COMMERCIAL USES ALONG STREET FRONTAGES. In order to maintain an active pedestrian environment within the Downtown Mixed Use Zone, commercial uses shall be located along street frontages. Development on the ground floor is limited to commercial uses. 9267.8 PRIVATE OPEN SPACE FOR MIXED -USE RESIDENTIAL 1. Private open space requirements: a. A minimum of 100 square feet of private open space shall be provided for each unit. Open space can be in the form of private balconies, courtyards, at -grade patios to the rear and sides of the units, rooftop gardens or terraces. b. Balconies that are 30" or less in width or depth shall not be counted as open space. c. Balconies that project over a public right -of -way shall be subject to approval by the City Engineer. 9267.9 ROOF - MOUNTED EQUIPMENT AND ACCESSORY STRUCTURAL ITEMS Towers, chimneys, mechanical equipment and other roof -top structures shall not exceed a height of ten (10) feet above the roof of any building. Appurtenances not incorporated as architectural features shall be adequately screened. No roof - mounted equipment, vents, ducts, or dish antennas shall be visible from ground level from any adjacent parcel, or any City -owned public right -of -way. This shall be accomplished through setting the equipment or appurtenances back from the edges of the roof, extension of the main structure or roof, or screening that is architecturally integrated with the main structure. 9267.10 NON - RESIDENTIAL USES Downtown mixed use requires the inclusion of a ground - floor, street frontage commercial component for all projects. No building or land shall be used and no building shall be hereafter erected, constructed or established, except for the following uses and in compliance with the regulations of this Division: P — Permitted C — Conditional Use Permit Exhibit B: TA 10- 01 -DMU Zone November 16, 2010 Page 2 Educational Uses Studios: art, dance, martial arts and music. 1 C Entertainment and Recreational Facilities Health/fitness Centers C Indoor movie and performing arts theatres and auditoriums C Retail Alcoholic beverage sales C Department Stores P Garden centers/nursery (indoor) P Garden centers (outdoor) C Grocery store P Grocery store (open for more than 16 hours and /or open between midnight and 6:00 a.m.) C Portable outdoor retail sales and activities (as a primary use) carts or kiosks C Pet Stores C Retail Uses P Services and Other Uses Automated Teller Machines (ATMs) P Banks and financial services P Day Care — Large Family Day Care Homes C Day Care — Small Family P Dry Cleaning service P Medical & Dental Offices P Mixed Use C Offices - General P Restaurants, fast food, with or without outdoor seating. No drive -thru facilities allowed. P — if it complies with minimum off - street parking requirement; C — if it does not comply with minimum off - street parking requirement Restaurants, sit -down P — if it complies with minimum off- street parking requirement; C — if it does not comply with minimum off - street parking requirement Restaurants with alcoholic beverage lounge service C Veterinarian clinic/services and small animal hospitals with overnight kenneling service. C Exhibit B: TA 10- 01 -DMU Zone November 16, 2010 Page 3 9267.11 PARKING 1. Number of parking spaces required. Parking shall be provided in compliance with Section 9269.5 (Off- street parking requirements). A 25% reduction will be applied to the project for all commercial uses due to the proximity to the light rail station. 2. Location. Parking shall be provided either at grade behind the ground floor uses that front the street, or in semi - subterranean or subterranean facilities, or within an above grade parking structure. 3. Off -site spaces. Off-site parking spaces may be relied upon to serve commercial uses provided a shared - parking study is completed by the applicant/developer and approved by the Modification Committee. 9267.12 LOADING REQUIREMENTS Off- street loading. All loading spaces shall have adequate ingress and egress, and shall be designed and maintained so that the maneuvering, loading or unloading of vehicles does not interfere with vehicular and pedestrian traffic. 9267.13 LANDSCAPING All areas of the subject site not devoted to driveways or walkways shall be properly landscaped and maintained. 9267.14 LIGHTING Lighting shall be appropriately shielded to not impact the residential units, and reflect away from streets. Lights may be mounted at a height of up to twenty (20) feet above the adjacent pavement. 9267.15 OUTSIDE STORAGE, RECYCLABLES AND REFUSE Trash, garbage, refuse, and recyclables may be temporarily stored outside the building; provided, that such storage shall be completely screened from public view by an enclosure of which three (3) sides shall consist of six (6) -foot high stucco or decorative masonry walls, or other approved screening devices with a solid metal gate painted a color compatible with the walls. Such storage areas shall have full roofs to reduce stormwater pollution and to screen unsightly views. The design of the roof and the materials used shall be compatible with the site's architecture, and adequate height clearance shall be provided to enable ready - access to any storage containers. 9267.16 FENCES AND WALLS 1. Fences and walls are not permitted along the street frontage(s), except to enclose a ground -floor landscaped courtyard or an outdoor dining area. Any gate placed across the courtyard opening or outdoor dining area shall have a minimum of 50 percent transparency. Exhibit B: TA 10- 01 -DMU Zone November 16, 2010 Page 4 2. Fences and walls located at rear and interior side yard areas are limited to six (6) feet in height, as measured from the lowest adjacent grade. 9267.17 URBAN NOISE LEVELS 1. Residents of a mixed -use development project shall be notified that they are living in an urban area and that the noise levels may be higher than in a typical residential area. 2. The signature of the residents shall confirm receipt and understanding of this information. 9267.18 DESIGN REVIEW CRITERIA In conducting a review of projects subject to the requirements of this Chapter, the reviewing body may utilize design guidelines /criteria that have been adopted by the City and Redevelopment Agency in order to provide guidance to project proponents on how to best achieve the City's expectations for quality development; implementation of the applicable General Plan and Redevelopment Plan goals and policies; and maintenance of the public health, safety, general welfare and property throughout the DMU Zone. 9267.19 DOWNTOWN MIXED -USE DEVELOPMENT APPROVAL Prior to commencing any work pertaining to the erection, construction, reconstruction, moving, conversion, alteration or addition to any building or structure within the DMU zone, all building and site plans shall be subject to design review by the Development Services Department, as well as review by Building Services. The Development Services Department will review project design and seek to ensure compatibility of the project with the scale and quality of development within the DMU zone. The Development Services Department will make recommendations regarding project design to the Planning Commission, for consideration in connection with the Planning Commission's decision on the final design review or conditional use permit. The Planning Commission's decision is subject to appeal to the City Council within five (5) business days from the date of such decision. The City Council's decision shall be final. Exhibit B: TA 10 -01 -DMU Zone November 16, 2010 Page 5 (NEW) MIXED USE (MU Zone) — Division 8 Repeal Division 8, C -C Community Commercial Zone in its entirety and replace it with new Mixed Use. 9268.1. PURPOSE. The purpose of this Section is to ensure compatibility between the different land uses (e.g. residential and commercial) operating within a mixed use project that offer opportunities for people to live, work, shop, and recreate without having to use their vehicles. The Mixed Use Zone is intended to promote a strong pedestrian orientation through its mix of permitted uses and specific development standards. Stand alone residential uses are not allowed. 9268.2 PARCEL CONSOLIDATION INCENTIVE PROGRAM In order to encourage the assemblage of smaller existing parcels into large parcels that can be more efficiently developed into a mixed -use project, the following incentives are offered: a. Fee waiver. b. Priority in permit processing (lot consolidation projects become the next projects processed among staff once received). 9268.3 RESIDENTIAL DENSITY Density shall not exceed 30 dwelling units per acre of lot area. 9268.4 FLOOR AREA RATIO The Floor Area Ratio (FAR) for non - residential uses is 1.0, 9268.5 BUILDING HEIGHT No building hereafter erected, constructed or established shall exceed three (3) stories or forty (40) feet in height, but not including roof - mounted equipment and accessory structural items as provided for in this Division. 9268.6 BUILDING SETBACKS A. Street Side Setbacks. No street side setbacks are required and the maximum setback permitted shall be ten (10) feet which may be used for landscaping, pedestrian circulation, entry court, outdoor dining, and similar uses related to a downtown pedestrian environment. B. Side Yard Setbacks. No side yard setbacks shall be required, except where the side property line abuts residentially zoned property or a dedicated alley; then the side yard setback shall have a minimum depth of ten (10) feet. Exhibit B: TA 10 -01 — MU Zone November 16, 2010 Page 1 C. Rear Yard Setbacks. No rear yard setbacks shall be required except where the rear property line abuts residentially zoned property or a dedicated alley; then a minimum rear yard setback of fifteen (15) feet shall be maintained. 9268.7 COMMERCIAL USES ALONG STREET FRONTAGES. In order to maintain an active pedestrian environment near the downtown area, commercial uses shall be located along street frontages. Development on the ground floor is limited to commercial uses. 9268.8 PRIVATE OPEN SPACE FOR MIXED -USE RESIDENTIAL Private open space requirements: a. A minimum of 100 square feet of private open space shall be provided for each unit. Open space can be in the form of private balconies, courtyards, at -grade patios (rear and sides of the units, rooftop gardens or terraces. b. Balconies that are 30" or less in width or depth shall not be counted as open space. c. Balconies that project over a public right -of -way shall be subject to approval by the City Engineer. 9268.9 ROOF - MOUNTED EQUIPMENT AND ACCESSORY STRUCTURAL ITEMS Towers, chimneys, mechanical equipment and other roof -top structures shall not exceed a height of ten (10) feet above the roof of any building. Appurtenances not incorporated as architectural features shall be adequately screened. No roof - mounted equipment, vents, ducts, or dish antennas shall be visible from ground level from any adjacent parcel, or any City owned public right -of -way. This shall be accomplished through setting the equipment or appurtenance back from the edge of the roof, extension of the main structure or roof, or screening that is architecturally integrated with the main structure. 9268.10 NON - RESIDENTIAL USES Mixed use requires the inclusion of a ground -floor, street frontage commercial component for all projects. No building or land shall be used and no building shall be hereafter erected, constructed or established, except for the following uses and in compliance with the regulations of this Division: P — Permitted C — Conditional Use Permit Communication and Transportation Altemative fuels and recharging facilities as an accessory use Motor Vehicle parking lot/structure facilities Major wireless communication facilities Permit Requirement P P C Exhibit B: TA 10 -01 — MU Zone November 16, 2010 Page 2 Educational Uses Studios: art, dance, martial arts and music C Tutoring Centers C Entertainment and Recreational Facilities Health/fitness Centers C Indoor movie and performing arts theatre and auditoriums C Retail Alcoholic beverage sales C Convenience Store C Department Stores P Garden centers /nursery (indoor and outdoor) P Grocery store P Grocery store (open for more than 16 hours and /or open between midnight and 6:00 a.m.) C Portable outdoor retail sales and activities (as a primary use) — carts or kiosks C Pet Stores C Retail Uses P Services and Other Uses Automated Teller Machines (ATMs) P Banks and financial services P Day Care — Large Family Day Care Homes C Day Care — Small Family P Dry cleaning service P Medical & Dental Offices and Clinics P Mixed Use C Offices - General p Personal Services C Restaurants, fast food, with or without outdoor seating. No drive -thru facilities allowed. P — if it complies with the minimum Off - Street parking requirement; C — if it does not comply with the minimum Off- Street parking requirement Restaurants, sit -down P — if it complies with minimum Off - Street parking; C — does not complies with the minimum Off- Street parking requirement Restaurants with alcoholic beverage lounge service C Veterinarian clinic /services and small animal hospitals with ovemight kenneling service C Exhibit B: TA 10 -01 — MU Zone November 16, 2010 Page 3 9268.11 PARKING 1. Number of parking spaces required. Parking shall be provided in compliance with Section 9269.5 (Off- street parking requirements). A 25% reduction will be applied to the project for all commercial uses if the parking area is located within 1,320 feet (1/4 mile) of a light rail station. 2. Location. Parking shall be provided either at grade behind the ground floor uses that front the street, or in semi - subterranean or subterranean facilities, or above grade within a parking structure. 3. Off -Site spaces. Off -site parking spaces may be relied upon to serve the commercial uses provided a shared - parking study is completed by the applicant/developer and approved by the Modification Committee. 9268.12 LOADING REQUIREMENTS Off- Street loading. All loading spaces shall have adequate ingress and egress, and shall be designed and maintained so that the maneuvering, loading or unloading of vehicles does not interfere with vehicular and pedestrian traffic. 9268.13 LANDSCAPING All areas of the subject site not devoted to driveways or walkways shall be properly landscaped and maintained. 9268.14 LIGHTING Lighting shall be appropriately shielded to not impact the residential units, and reflect away from streets. Lights may be mounted at a height of up to twenty (20) feet above the adjacent pavement. 9268.15 OUTSIDE STORAGE, RECYCLABLES AND REFUSE Trash, garbage, refuse, and recyclables may be temporarily stored outside the building; provided, that such storage shall be completely screened from public view by an enclosure of which three (3) sides shall consist of six (6) -foot high stucco or decorative masonry walls, or other approved screening devices with a solid metal gate painted a color compatible with the walls. Such storage areas shall have full roofs to reduce stormwater pollution and to screen unsightly views. The design of the roof and the materials used shall be compatible with the site's architecture, and adequate height clearance shall be provided to enable ready access to any storage containers. Such storage shall not be in any required setback areas. 9268.16 FENCES AND WALLS 1. Fences and walls are not permitted along the street frontage(s), except open -work fences to enclose landscaped courtyard or an outdoor dining area. Any gate placed across the courtyard opening or outdoor dining area shall have a minimum of 50 percent transparency. Exhibit B: TA 10 -01 — MU Zone November 16, 2010 Page 4 2. Fences and walls located at rear and interior side yard areas are limited to six (6) feet in height, as measured from the lowest adjacent grade. 9268.17 DESIGN REVIEW CRITERIA In conducting a review of projects subject to the requirements of this Chapter, the reviewing body may utilize design guidelines /criteria that have been adopted by the City and Redevelopment Agency in order to provide guidance to project proponents on how to best achieve the City's expectations for quality development; implementation of the applicable General Plan goals and policies; and maintenance of the public health, safety, general welfare and property throughout the MU Zone. Any applicable design guidelines /criteria shall be available at the City. 9268.18 MIXED -USE DEVELOPMENT APPROVAL Prior to commencing any work pertaining to the erection, construction, reconstruction, moving, conversion, alteration or addition to any building or structure within the (MU) zone, all building and site plans shall be subject to design review by the Development Services Department, as well as review by the Building Services. The Development Services Department will review project design and seek to ensure compatibility of the project with the scale and quality of development within the MU zone. The Development Services Department will make recommendations regarding project design to the Planning Commission, for consideration in connection with the Planning Commission's decision on the final design review or conditional use permit. The Planning Commission's decision is subject to appeal to the City Council within five (5) business days from the date of such decision. The City Council's decision shall be final. Exhibit B: TA 10 -01 — MU Zone November 16, 2010 Page 5 (NEW) Restricted Multiple- Family Zone Regulations (R -3 -R) 9254.1. - GENERAL. No building or land shall be used and no building shall be hereafter erected, constructed, established or converted into a cooperative multiple dwelling except for the uses specified in the following subsections, and in compliance with the regulations of this Division 5. 9254.1.1. - DWELLING UNITS. Two or more dwelling units, multiple dwellings and /or cooperative dwellings constructed in accordance with the regulations of Article VIII of this Code relating to the Multiple - Family Construction Standards. 9254.1.3. - ACCESSORY BUILDINGS AND USES. Accessory buildings and uses for and customarily incidental to any of the uses described in the preceding sections of this Title when located on the same building site and not involving the conduct of a business. 9254.1.3.1. - TENTS AND CANOPIES. It shall be unlawful for any person, to erect, put in place or maintain in place, any tent, tent - house, canvas house or structure constructed of canvas, cloth, or other fabric; any canopy or canopy structure constructed of canvas, cloth, or other fabric or material. Exceptions: The provisions of this section shall not apply as follows: 1. Decorative canopies and awnings constructed as a component or feature of an overall architectural design. 2. Picnic umbrellas not in excess ten feet (10') in diameter. 3. Temporary tents and canopies. Temporary tents and canopies of any size may be erected in any location with the exception of the front yard and /or street side yard setback areas on a parcel or lot for a period that is not in excess of three (3) days. 9254.1.4. - SIGNS. No signs, sign structures or sign devices of any character shall be permitted in any R -3- R, Restricted Multiple - Family Residential Zone, except unlighted signs as hereinafter specified in this Title. 9254.1.4.1. - IDENTIFICATION SIGNS. On properties which are developed with multiple - family projects containing more than five (5) dwellings units one (1) single -faced monument structure not to exceed fifteen (15) square feet in area nor more than three (3) feet in height with a maximum sign area Exhibit B: TA 10 -01 — R -3 -R Zone November 16, 2010 Page 1 of eighteen (18) inches high by twenty -four (24) inches long for only the name and address of the development may be erected within the front yard area. The materials and colors of such sign shall be the same or compatible with the building architecture and color. 9254.1.4.1.1. - SAME. Each dwelling unit shall have its street number posted so as to be easily seen from its access walkway. One (1) sign that does not to exceed one (1) square foot in area and containing only the address of the unit shall be allowed. 9254.1.4.2. - TEMPORARY SIGNS. The following signs shall be permitted on a temporary basis only and shall be located at least ten (10) feet from adjoining premises and at least five (5) feet from a paved roadway, but provided that where any sidewalk exists, the sign shall be located at least three (3) feet from the sidewalk in the direction of the residence. If a wall or hedge prevents a sign from being located as provided in this Division, the sign may be placed immediately adjacent to the wall or hedge. No sign shall be placed in a location that interferes with the visibility of vehicular ingress or egress to the property or adjoining properties as per the standards on file with the Development Services Department or where such signs may interfere with or be confused with any traffic signal or device. 9254.1.4.2.1. - SAME. One (1) sign not to exceed three (3) feet in height nor more than four (4) square feet in area per face for the purpose of advertising the property for sale, lease or rent, except a comer property may have two (2) such signs. In lieu of such sign, one (1) sign not exceeding four (4) square feet in area per face may be mounted on a decorative post and arm not exceeding six (6) feet in height and of a design approved by the Development Services Director or designee. 9254.1.4.2.2. - SAME. Under each "For Sale" sign, three (3) smaller signs not to exceed six inches by twenty - four inches (6" x 24 ") each may be attached to the sign or sign support. 9254.1.4.2.3. - SAME. One (1) directional arrow -type sign not to exceed one foot by two feet (1' x 2') pointing to the premises for sale, lease or rent. The sign may contain the words "Open House," on both sign faces. Such sign may be placed on private property located at a through street intersection pointing toward the "Open House" during daylight hours. This sign shall only be permitted if: (1) the owner of said property consents to such use of said property, and (2) the house offered for sale is open and attended by the owner or an authorized representative of the owner during any time the sign is in place. Advertising copy may be placed on both sign faces. Exhibit B: TA 10 -01 — R -3 -R Zone November 16, 2010 Page 2 9254.1.4.2.4. - SAME. On properties which are developed with new multiple family residential projects containing more than one (1) dwelling unit but less than five (5) dwelling units, one (1) temporary sign of not to exceed sixteen (16) square feet in area, advertising the property for sale, lease or rent, erected and maintained during the period of active sales, lease or rental campaign is being conducted for such new multiple family residential projects but in no event for a period longer than six (6) months. 9254.1.4.2.5. - SAME. On properties which are developed with new multiple family residential projects containing five (5) or more dwelling units, one (1) temporary sign of not to exceed thirty - two (32) square feet in area, advertising the property for sale, lease or rent, erected and maintained during the period an active sales, lease or rental campaign is being conducted for such new multiple family residential project but in no event for a period longer than six (6) months. 9254.1.4.2.6. - SAME. One (1) temporary sign of not to exceed a total of sixteen (16) square feet in area giving the names of the contractors, engineer, architect and lending institution during the period of construction on the premises. The location of such sign shall be shown on the building plans and shall be removed prior to issuance of a certificate of occupancy for the premises. 9254.1.4.2.7. - TEMPORARY ELECTION SIGNS. Temporary election signs shall be permitted in addition to other permitted signs subject to the following: A. Any person who displays a temporary election sign or any person who owns or possesses the property on which a temporary election sign is located shall remove it within ten (10) days after the date of the scheduled election date to which it relates. B. No person shall erect, maintain or display a temporary election sign in excess of thirty -two (32) square feet in total area, or sixteen (16) square feet in area per face whichever is less. No person shall erect, maintain or display temporary election signs with a total aggregate area on a given lot in excess of eighty (80) square feet. C. No person shall erect, maintain or display a temporary election sign that interferes with the visibility of vehicular ingress and egress to any lot. All temporary election signs shall comply with the visibility standards for driveways and intersections on file with the Development Services Department. No person shall erect, maintain or display a temporary election sign that interferes with or can be confused with any traffic signal or device. Exhibit B: TA 10 -01 — R -3 -R Zone November 16, 2010 Page 3 D. After twenty -four (24) hours written notice is personally served on a candidate, proponent or to a person who owns or possesses property to remove an illegally displayed, erected or maintained temporary election sign, the Development Services Director or designee may summarily remove said sign. 9254.1.5. - BOARDING HOUSES PROHIBITED. No boarding house shall be permitted in the R -3 -R Restricted Multiple - Family Residential Zone on properties developed with single family residences. 9254.2.1. - GENERAL. The regulations set forth in this Part shall apply in the R -3 -R Restricted Multiple - Family Zone, unless otherwise provided in this Chapter. 9254.2.2. - BUILDING HEIGHT. The maximum building height for multiple - family projects shall not exceed one (1) story and eighteen (18') feet. Exception: Porches facing a street shall not exceed fourteen (14) feet in height as measured from the adjacent finished grade. A "porch" is defined as any covered area at a building entrance, whether it is a projecting feature with a separate cover, or a recessed area behind the building wall. For projecting porches, the height shall be measured to the uppermost point of the projecting feature, including roof ridges, railings, cornices, and other decorative features. For recessed porches, the height shall be measured to the uppermost point of the opening. 9254.2.2.1. - SAME. Building height for a multiple - family project shall be determined by the vertical distance from the first story line to the highest point of the coping of a flat roof or to the ridge line of a mansard roof or to the ridge of the highest gable of a pitch or hip roof. If the finished first story line is more than two feet (2') above the highest street curb elevation adjacent to the lot, then the story directly beneath it shall be considered as a first story for the purpose of determining building height. If there is no curb, the reference shall be to the highest elevation at the centerline of the adjacent street segment or segments. 9254.2.3. - FRONT YARD. There shall be a front yard of not less than twenty -five feet (25') in depth and at least sixty percent (60 %) of the required front yard shall be irrigated and landscaped with lawn, trees, shrubs or other plant materials. Said yard shall be permanently maintained in a neat and orderly manner. 9254.2.4. - SIDE YARD. On interior lots there shall be a side yard on each side of every building of not less than ten feet (10') in width. On comer lots the required side yard adjoining the interior lot shall be the same as for interior lots. The required side yard on the street side of a corner lot Exhibit B: TA 10 -01 — R -3 -R Zone November 16, 2010 Page 4 shall not be less than the required front yard setback. No parking shall be permitted within any required side yard on the street side of a corner lot. EXCEPTION: On lots that are less than sixty -five feet (65') in width the enclosed single - story garage portion of a dwelling unit may encroach a maximum of five feet (5') into the required interior side yard setback, provided that there shall be no living space in said enclosed garage encroachment. 9254.2.5. - REAR YARD. There shall be a rear yard of not less than ten feet (10'). 9254.2.6. - PROJECTIONS. The following regulations shall apply to projections: A. Cornices, eaves, belt courses, sills and buttresses or other architectural features may extend or project into the required distance between buildings on the same lot, and into a required front, rear or side yard, provided that such projection shall not exceed a maximum of twenty -four inches (24 "). B. No fire escapes or open stairways shall project into any required front, rear or side yard. C. Balconies may extend or project into a required front, rear or side yard, provided that such projection shall not exceed a maximum of sixty inches (60 ") nor shall such projection be closer than sixty inches (60 ") from any property line. D. Trellis structures, patio covers or awnings not exceeding eight feet (8') in height may extend or project into a required rear or side yard provided that such projection shall comply with the provisions of the Building Code. 9254.2.7. - DWELLING UNIT DENSITY. Maximum density: one dwelling unit per one thousand four hundred fifty (1,450) square feet of lot area (30 dwelling units per acre). 9254.2.8. - PARKING. The following regulations shall apply to parking: A. Two (2) parking spaces shall be provided and assigned to each dwelling unit. B. On Tots containing Multiple Family Dwellings, guest parking shall be provided at the rate of one (1) parking space for every two (2) dwelling units. C. Structures used principally for parking shall not be higher than one (1) story and /or higher than the height of the residence. Exhibit B: TA 10 -01 — R -3 -R Zone November 16, 2010 Page 5 D. Each parking space shall have clear dimensions of at least nine feet (9') in width by nineteen feet (19') in depth. E. Safe ingress and egress shall be provided for each parking space by a twenty - five -foot (25') turning radius and /or a minimum of twenty -five feet (25') of back out space directly adjacent to said parking space. F. No portion of any required driveway may be used to fulfill any such parking space requirements other than providing for ingress or egress or temporary loading and unloading. G. Adequate bumper guards shall be provided to protect from damage the interior wall of garages from damage and supports of carports. H. A clear three -foot (3') wide planting area shall be landscaped and so maintained between any open parking space and adjoining property lines. I. No parking shall be permitted within the required front yard and /or street side yard. J. Each required guest parking space shall have clear dimensions of at least nine feet (9') in width by nineteen feet (19') in depth. K. "Guest Parking Only" signs with letters not less than two inches (2 ") in height shall be properly located to designate guest parking spaces. 9254.2.9. - DRIVEWAY REQUIREMENTS. The following shall apply to driveways: A. Each driveway to a parking space shall be at least ten feet (10') wide and shall be totally unobstructed from the pavement upward. B. Every driveway serving as access to more than twelve (12) required parking spaces or which is more than one hundred twenty -five feet (125') long, shall be not less than eighteen feet (18') wide and shall be totally unobstructed from the pavement upward. EXCEPTION: Two (2) ten -foot (10') wide driveways may be provided in lieu of one (1) eighteen - foot (18') wide driveway. C. Each driveway adjacent to a garage or parking space shall be a minimum of twenty -five feet (25') wide with a width of fifteen feet (15') to be totally unobstructed from the pavement upward. D. Every driveway shall be entirely paved. Exhibit B: TA 10 -01 — R -3 -R Zone November 16, 2010 Page 6 E. Community driveways shall be permitted provided the owners of the lots show proof of a recorded easement or other legal instruments authorizing the use of such shared driveway arrangement and provided that a Covenant in recordable form by its terms to be for the benefit of, enforceable by, and to be released only by the City, is executed by the owners of all property affected thereby. The Covenant shall state that such community driveway shall be usable by the tenants and owners of the properties proposed to be served by the driveway. Recordation of this instrument shall be completed prior to the issuance of a Building Permit. F. A fence or wall located at the side and rear property lines may not occupy more than a six -inch (6 ") wide portion of the required setback and /or landscaped area. G. Eaves, no portion which are Tess than thirteen feet (13') above the pavement, may overhang any such driveway a distance of not more than three feet (3'). H. Utility pole cross -arms and utility service wires may be located not Tess than thirteen feet (13') in height above the paved surface of any such driveway. I. Whenever a driveway is located within a required side yard, a landscaped area at least a clear three feet (3') in width shall be maintained between the property line and the driveway, and a two foot (2') wide landscaped area shall be maintained between any driveway and building. 9254.2.10. - OPEN SPACE. The following regulations shall apply: A. At least one hundred (100) square feet of contiguous private open space shall be provided for each ground floor dwelling unit. Such open space shall be directly accessible from the unit that it serves, and shall have a minimum dimension of ten feet (10'). B. At least fifty percent (50 %) of the cumulative required open space shall be landscaped and shall be maintained and provided with a permanent irrigation system. C. One (1) thirty -six inch (36 ") box tree for each twenty -five feet (25') of street frontage shall be provided in the front and /or street side yards. The specific locations of these trees are subject to the review and approval of the Development Services Director or designee 9254.2.11. - SWIMMING POOLS AND SPAS. The minimum distance between swimming pools or spas and the first floor access openings shall be as follows: A. When the diagonal dimension of a swimming pool or spa is less than nine (9) feet, said minimum distance shall be five (5) feet. Exhibit B: TA 10 -01 — R -3 -R Zone November 16, 2010 Page 7 B. When the diagonal dimension of a swimming pool or spa is nine (9) feet, said minimum distance shall be fifteen (15) feet. All pools, spas, and similar water features of eighteen (18) inches or more in depth shall be enclosed by a structure and /or fence, as required by the City's Building and Safety Codes. 9254.2.12. - DISTANCE BETWEEN BUILDINGS. Buildings on the same property shall be assumed to have a property line between them and shall have a minimum separation of ten feet (10'). 9254.2.13. - LAUNDRY ROOM. If a laundry area is not provided in every unit, a minimum of one (1) common laundry facility shall be provided with a minimum of one (1) washer and one (1) dryer for each ten (10) units and shall be centrally located to the unit to be served. 9254.2.14. - TRASH AREAS. Each project shall be provided with a trash, garbage and refuse collection and loading area, which shall have a concrete approach and pad. Said area shall be completely screened from view by a covered enclosure of which three (3) sides shall consist of six - foot (6' high, fully grouted, decorative masonry walls, and fully enclosed with solid metal gates painted a color that is compatible with the enclosure walls. The interior dimensions of the enclosure shall provide for convenient access to the trash containers. The interior of the enclosure shall be equipped with minimum three (3) inch thick bumpers to prevent the containers from damaging the enclosure. The enclosures shall not be located in any required front, side or rear yard. 9254.2.14.1. - RECYCLABLES COLLECTION AND LOADING AREAS. Lots developed with more than one (1) dwelling unit shall be provided with an area for the collection and loading of recyclables in accordance with the California Integrated Waste Management Act of 1989. That area shall have a concrete approach and pad, and completely screened from view by a covered enclosure of which three (3) sides shall consist of six -foot (6' high, fully grouted, decorative masonry walls, and fully enclosed with solid metal gates painted a color that is compatible with the enclosure walls. The interior dimensions of the enclosure shall provide for convenient access to the collection containers. The interior of the enclosure shall be equipped, if necessary, with minimum three (3) inch thick bumpers to prevent the containers from damaging the enclosure. The enclosures shall not be located in any required front, side or rear yard. 9254.2.15. - MECHANICAL EQUIPMENT. Mechanical and plumbing equipment, including, but not limited to, ventilation fans, heating, cooling and air conditioning equipment, water heaters, spa and pool equipment and any other similar equipment, shall not exceed the height limit prescribed in this Chapter and shall be screened from the street or placed on the roof below the ridge line Exhibit B: TA 10 -01 — R -3 -R Zone November 16, 2010 Page 8 out of view from the street(s). Said equipment shall not be located within any required front, side or rear yard setback. Exception: Tankless water heaters may encroach thirty inches (30 ") into any required interior side or rear yard provided that a minimum setback of four (4) feet is maintained. 9254.2.15.1. - BACKFLOW PREVENTION DEVICES. Backflow prevention devices, if located within a front yard or a side yard on the street side of a comer lot, shall be screened as follows: A. On backflow devices with piping sizes of three (3) inches or larger, screening is required by either a decorative masonry wall or planter box, as per the current standards on file in the Development Services Department. B. Backflow devices with piping sizes of two and one -half (2 1/2) inches and smaller must be screened by either planting or a decorative masonry wall, as per the current standards on file in the Development Services Department. C. The required screening material shall be architecturally compatible with the on- site development, and subject to the review and approval of the Development Services Director or designee. 9254.2.16. - UTILITIES. All utilities on the site for direct service to the area thereon shall be installed underground except as otherwise approved by the City Council by approval of a precise plan of design. The owner or developer is responsible for complying with the requirements of this Section and shall make the necessary arrangements as required by the serving utilities for the installation of such facilities. For the purpose of this Section, appurtenances and associated equipment such as, but not limited to, surface mounted transformers, pedestal mounted terminal boxes and meter cabinets, and concealed ducts in an underground system may be terminated above ground. 9254.2.17. - EXTERIOR LIGHTING. Exterior lighting shall be hooded and arranged to reflect away from adjoining properties and streets. Light standards shall comply with the provisions for accessory buildings and exterior light fixtures may be mounted on any exterior wall or structure at a maximum of fifteen feet (15') above the adjacent finished grade level. 9254.2.18. - FENCES, WALLS AND GATES. Fences, walls and /or gates are prohibited within front and street side yard areas, except for guard rails and hand rails required for safety protection up to the minimum height required by the Building Code. Such guard rails and hand rails shall be subject to Architectural Design Review. For the purposes of this Section, the front and street side yard areas shall be defined as the areas extending across the full width or length of the lot between any street frontage lot line and the front of any building nearest the street. Exhibit B: TA 10 -01 — R -3 -R Zone November 16, 2010 Page 9 EXCEPTION: Temporary construction fencing that is of chain -link or wire type may be permitted within the front and street side yard areas, provided it does not exceed six (6) feet in height. The need for any retaining walls and their height shall be determined by the City Engineer. 9254.2.18.1. - FENCES AND WALLS. SIDE AND REAR YARD AREAS. Fences and walls located within the required side and rear yard areas are permitted up to six (6) feet in height. Measurement of a Fence or Wall Height. The fence or wall height shall be measured from the lowest adjacent grade at the base to the uppermost part of the fence or wall (see Figure 3). Figure 3 When there is a difference in grade between properties, a fence or wall is permitted up to six (6) feet in height adjacent to the rear and side property lines if said fence or wall maintains a minimum setback that is equal to the difference in grade between the properties. When there is no difference in grade between properties, a wall or fence shall comply with the height limitations unless it complies with the setbacks required for an accessory building (refer to Figure 4). Figure 4 r 3 tA' F1 apiny Line Exhibit B: TA 10 -01 — R -3 -R Zone November 16, 2010 Page 10 EXCEPTION: If the grade has been altered by previous grading, the finished grade shall be subject to review and approval by the Development Services Director or designee. No spears (i.e. apache, aristocrat with crushed spears, or any spearlike features) shall be permitted on a fence, wall, or gate. Chain link, corrugated fiberglass, bamboo fencing, and wire type fencing are not permitted. 9254.2.18.3. - VEHICULAR VISIBILITY STANDARDS FOR DRIVEWAYS AND INTERSECTIONS. On comer Tots located at the intersection of two or more streets, alleys, or common driveways no buildings, structures, fences, walls, gates, hedge shrubbery, landscape architectural features or dense landscaping shall exceed three (3) feet in height within twenty -five (25) feet of the intersection. At driveways, the minimum height shall be three (3) feet within fifteen (15) feet of the driveways intersection with the street and /or sidewalk (see Figure 5). Figure 5 Exhibit B: TA 10 -01 — R -3 -R Zone November 16, 2010 Page 11 Exhibit B2 Text Amendment No. TA 10 -02 (Amending existing zoning code regulations to achieve consistency with the Draft General Plan): 1. Amending and Adding new definitions in Article IX, Chapter 2, Part 2. 2. Amending and Adding new regulations to the Residential Zones in Article IX, Chapter 2, Part 5, Divisions 0, 1, 2, 3, and 5. 3. Amending the Density Bonus regulations set forth in Article IX, Chapter 2, Part 5, Division 7. 4. Repeal in its entirety the Limited Commercial (C -1) Zone and regulations (C -1) set forth Article IX, Chapter 2, Part 6, Division 2. 5. Amending the Commercial- Manufacturing (C -M) Zone regulations in Article IX, Chapter 2, Part 6, Division 5. 6. Adding new regulations to the Planned Industrial District (M -1) Zone in Division 6 of Article IX, Chapter 2, Part 6. 7. Amending and adding a new regulation to the Central Business District (CBD) Zone in Division 4 of Article IX, Chapter 2, Part 6. 8. Adding new regulations to the General Commercial (C -2) Zone in Division 3 of Article IX, Chapter 2, Part 6. 9. Amending the Off - Street Parking Requirements set forth in Article IX, Chapter 2, Part 6, Division 9. 10. Additions to the list of Administrative Modifications set forth in Article IX, Chapter 2, Part 9, Division 2. 11. Amending the Authority of the Modification Committee set forth in Article IX, Chapter 2, Part 9, Division 2. 12. Amending the regulations to the Public Purpose (S -2) Zone in Article IX, Chapter 2, Part 7, Division 4. 13. Amending the regulations and title to the Open Space (OS) Overlay Zone in Article IX, Chapter 2, Part 7, Division 8. Exhibit B2: Text Amendment No. TA 10 -02 November 16, 2010 PART 2 - DEFINITIONS The attached text amendments show the existing text to remain in normal type, and the new language appears In "red" with strikeouts on the omitted language. 9220.1 ACCESSORY- ACCESSORY BUILDINGS Accessory building means a building, , which eF is subordinate to the main dwelling on the same lot. This includes, but is not limited to a detached garage, gazebo, pergola, cabana, pool house, recreation room, trellis, and covered patio. When a structure abuts or is joined to the wall of the main dwelling and there is access to the main dwelling, such assesseq structure shall be counted as part of the main dwelling. 9220.2. DWELLING UNITS ACCESSORY Accessory Dwelling Units are separate living units that may include a separate kitchen, sleeping, and bathroom facilities, and are detached from the main dwelling unit on a single - family lot. Accessory Dwelling Units are subordinate in size, location, and appearance to the main dwelling unit. 9220.18.4 DOWNTOWN MIXED USE A zoning designation that allows a development that integrates compatible commercial or retail uses, or both, with residential uses and that because of its proximity to jobs, shopping, and residences, will minimize new vehicle trip generation. 9220.21 DWELLING, ONE FAMILY One- Family Dwelling is a detached building designed exclusively for occupancy by one family. This definition includes manufactured homes, installed in compliance with Califomia Govemment Code Section 65852.3. 9220.24.1 EMERGENCY SHELTER Pursuant to Section 50801(e) of the California Health and Safety Code, an emergency shelter is housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. 9220.25 FAMILY Exhibit B: TA 10 -02 — Definitions November 16, 2010 Page 1 Two or more persons living together as a single housekeeping unit in a dwelling unit. This term does not include a boarding house. 9220.25.1 FLOOR AREA RATIO Floor Area Ratio (FAR) is the maximum non - residential building square footage that may be permitted. FAR is measured by dividing building square footage by lot area existing prior to development. For Regional Shopping Centers, Gross Leasable Area shall be used to determining building square footage. For all other land uses, Gross Floor Area shall be used to determine building square footage. 9220.25.2 GROSS FLOOR AREA (take over this code section number) Gross Floor Area shall be the total dimensions on each floor as measured from the outside wall. (a) Stairc; (c) Air ohaftc; (d) Toilota; (g) Closots; 9220.25.3 GROSS LEASABLE AREA Gross leasable area shall be the total floor area designed for the tenant's occupancy and exclusive use, including basements, mezzanines or upper floors expressed in square feet and measured from the centerline of joint partitions and from outside wall faces. It is the space for which tenants pay rent, including sales areas. 9220.45.1.1 MANUFACTURED HOME A manufactured home is a single - family house constructed entirely in a controlled factory environment, built to the federal Manufactured Home Construction and Safety Standards (better known as the HUD Code). Manufactured homes are considered single - family dwelling units or one - family dwellings. 9220.45.1.2 MANUFACTURED HOME PARK Any area or tract of land where space is rented or held for rent to two or more owners or users of manufactured homes or mobile homes. Manufactured Home Parks are Exhibit B: TA 10 -02 — Definitions November 16, 2010 Page 2 permissible in R -2 or R -3 zoning districts subject to the submittal of a Specific Plan application per Section 9296 et. seq. 9220.45.1.3 MIXED USE A zoning designation that allows the combination of commercial and residential uses in the same structure and the residential component is located above the nonresidential component. Nonresidential uses are typically commercial uses and the primary activity on the ground floor space in a project. 9220.45.1.4 MOBILE HOME A structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers. The term includes, but is not limited to, the definition of "mobile home," as set forth in regulations goveming the Mobile Home Safety and Construction Standards Program, 924 CFR 3282.7(a). A mobile home is only permitted within a Manufactured Home Park. 9220.50.1 REGIONAL SHOPPING CENTER For the purpose of determining parking regulations, a Riegional Sshopping Ceenter shall mean a planned, integrated commercial development comprising not less than seven hundred fifty thousand (750,000) square feet of ross leasable area. 9220.50.2 RESIDENTIAL CARE FACILITY — GENERAL Any State licensed facility, place, or structure that is maintained and operated to provide non - medical, day -care, or foster agency services for seven or more adults, children, or adults and children as defined in Article 1 of Chapter 3 of the Califomia Health and Safety Code, Section 1500 et seq. This use includes the administration of limited health care assistance and includes facilities serving those with disabilities. 9220.50.3 RESIDENTIAL CARE FACILITY — LIMITED Any State licensed facility, place, or structure that is maintained and operated to provide non - medical, day -care,. or foster agency services for six or fewer adults, children, or adults and children as defined in Article 1 of Chapter 3 of the California Health and Safety Code, Section 1500 et seq. This use includes the administration of limited health care assistance and includes facilities serving those with disabilities. Uses considered a Residential Care Facility- Limited are permitted by right as required by State law in all zones that allow residential uses by right. 9220.62 SUPPORTIVE HOUSING- GENERAL A State licensed facility providing housing with no limit on length of stay to be occupied by seven or more individuals of a target population and linked to on -site or off -site services that assist the occupants retain the housing, improve their health status, and maximize their ability to live in the community. Exhibit B: TA 10 -02 — Definitions November 16, 2010 Page 3 9220.62.1 SUPPORTIVE HOUSING - LIMITED A State licensed facility providing housing with no limit on length of stay to be occupied by six or fewer individuals of a target population and linked to on -site or off -site services that assist the occupants to retain the housing, improve their health status, and maximize their ability to live in the community. Supportive Housing - Limited facilities are permitted by right as required by State law in all zones that allow residential uses by right. 9220.65.1 TRANSITIONAL HOUSING - GENERAL A State licensed facility that has as its purpose the facilitating of the movement of seven or more homeless individuals and families into permanent housing within a reasonable amount of time (no less than six months). 9220.65.2 TRANSITIONAL HOUSING - LIMITED A State licensed facility that has as its purpose facilitating of the movement of six or fewer homeless individuals and families into permanent housing within a reasonable amount of time (no less than six months). Transitional Housing- Limited facilities are permitted by right as required by State law in all zones that allow residential uses by right. Exhibit B: TA 10 -02 — Definitions November 16, 2010 Page 4 R -M Zone The attached text amendments show the existing text to remain in normal type, and the new language appears in "red" with strikeouts on the omitted language. 9250.2.5 ACCESSORY DWELLING UNITS LIVING-QUARTERS PROHIBITED. Single-Fam*Zsne- Accessory dwelling units shall comply with the following regulations: A. Location and Operation Standards: 1. An accessory dwelling unit may be constructed on any legal parcel of 15,000 square feet or more. 2. No more than one accessory dwelling unit shall be allowed on a property. 3. Accessory dwelling units shall only be built when there is an existing single - family residence (e.g. primary residence) on the site. If a site is vacant, an accessory dwelling unit may be constructed at the same time as the primary residence, however no certificate of occupancy may be issued unless and until a certificate of occupancy is issued for the primary residence. 4. Accessory dwelling units shall not be attached in any way to any other building, except for a garage or carport that serves the accessory dwelling unit, and shall not be within ten (10) feet of another building. Accessory dwelling units shall not be attached to the main residence. 5. A covenant in a form approved by the City Attorney shall be required to be filed for each accessory dwelling unit, requiring that the accessory dwelling unit shall not be sold independently of the main dwelling unit and parcel. B. Development Standards: 1. Except as identified in this Subsection, accessory dwelling units shall comply with all the development standards (e.g. setbacks, lot coverage, height, encroachment plane, etc. that apply to the primary residence). 2. An accessory dwelling unit shall not be more than 600 square feet of gross floor area, not including a covered porch, covered patio, or trellis, and a garage or carport that serves the accessory dwelling unit. 3. An accessory dwelling unit shall be limited to a height of one -story, not to exceed twelve (12) feet in height to the top of the plate and sixteen (16) feet to the highest ridgeline, and shall not exceed the height of the primary residence. 4. An accessory dwelling unit shall be provided with a minimum of one (1) on -site parking space (covered or uncovered) in a designated location outside of the required front or street -side yard setbacks. Exhibit B: TA 10 -02 — R -M Zone November 16, 2010 Page 1 R -O Zone The attached text amendments show the existing text to remain in normal type, and the new language appears in "red" with strikeouts on the omitted language. 9220). 9251.2.3.1. CORNER LOTS. On corner lots the required side yard setback adjoining the interior lot shall be as specified in Section 9252.2.3. The required side yard setback on the street side of a corner lot shall not be Tess than twenty (20) feet, unless a greater setback is specified in Chapter 3 of this Article. Any portion of a single story in excess of twelve (12) feet high and /or any portion of a second story including second story architectural features and walls shall be setback not less than twenty (20) feet or twenty percent (20 %) of the width of the lot as measured at the front property line; whichever is greater, unless a greater setback is specified in Chapter 3 of this Article. The lot width for determining setbacks on lots with more than fifty percent (50 %) frontage on a cul -de -sac terminus shall be measured at the required building setback line. On comer Tots an attached garage portion of a main dwelling that does not exceed one (1) story and sixteen (16) feet in height may be located not less than fifteen (15) feet from the rear property line. No portion of any structure shall encroach through a plane projected from an angle of forty (40) degrees as measured at the ground level along the street side property line. The point shall be located at the intersection of a horizontal projection of the adjacent grade elevation and its intersection with the street side property line. Architectural projections, with the exception of roof eaves shall not project into the required setback. 9251.2.3.2. SIDE YARDS. REVERSE CORNER LOT. (Moved to Definition section - On reverse corner Tots, the required side yard adjoining the interior lot shall be as specified in Section 9251.2.3. The required side yard on the street side of a reverse corner lot shall be not less than twenty -five (25) feet, unless a greater setback is specified in Chapter 3 of this Article. Any portion of a single story in excess of twelve (12) feet high measured from the adjacent finished grade to the top plate and /or any portion of a second story, including second story architectural features and wall, shall be set back twenty (20) feet or twenty percent (20 %) of the width of the lot as measured at the front property line, whichever is greater, unless a greater setback is specified in Chapter 3 of this Article. Exhibit B: TA 10 -02 — R -O Zone November 16, 2010 Page 1 On reverse comer Tots an attached garage portion of a main dwelling that does not exceed one (1) story and sixteen (16) feet in height may be located not less than fifteen (15) feet from the rear property line. No portion of any structure shall encroach through a plane projected from an angle of forty (40) degrees as measured at the ground level along the street side property line. The point shall be located at the intersection of a horizontal projection of the adjacent grade elevation and its intersection with the street side property line. Architectural projections, with the exception of building eaves shall not project into the required setback. The lot width for determining setbacks on lot with more than fifty percent (50 %) frontage on a cul -de -sac terminus shall be measured at the required front setback line. 9251.2.9.1. ACCESSORY BUILDINGS. REGULATIONS. Accessory buildings, except for accessory dwelling units are not to be used as dwelling units. Accessory buildings may not have more than one (1) story, exceed more than sixteen (16) feet in height, occupy more than twenty -five percent (25 %) of a required rear yard, be located within five (5) feet of a rear lot line nor within ten (10) feet of another building, contain more than one (1) room and one (1) three- quarter (3/4) bathroom. Side yard setbacks for accessory buildings shall be the same as those specified for main dwellings in this Division. s . The total floor area of detached accessory building(s), not including accessory dwelling units shall not exceed fifty percent (50 %) of the ground floor area of the main dwelling. ACCESSORY DWELLING UNITS (Moved to the Definition section 9220). 9251.2.10.3 Exhibit B: TA 10 -02 — R -O Zone November 16, 2010 Page 2 9251.2.10.3 ACCESSORY DWELLING UNITS. Accessory dwelling units shall comply with the following regulations: A. Location and Operation Standards: 1. An accessory dwelling unit may be constructed on any legal parcel of 15,000 square feet or more. Delete Exhibit B: TA 10 -02 — R -O Zone November 16, 2010 Page 3 2. No more than one accessory dwelling unit shall be allowed on a property. 3. Accessory dwelling units shall only be built when there is an existing single- family residence (e.g. primary residence) on the site. If a site is vacant, an accessory dwelling unit may be constructed at the same time as the primary residence, however no certificate of occupancy may be issued unless and until a certificate of occupancy is issued for the primary residence. 4. Accessory dwelling units shall not be attached in any way to any other ewe building, except for a garage that serves the accessory dwelling unit, and shall not be within ten (10) feet of another building. Accessory dwelling units shall not be attached to the main residence. 5. A covenant in a form approved by the City Attorney shall be required to be filed for each accessory dwelling unit, requiring that the accessory dwelling unit shall not be sold independently of the main dwelling unit and parcel. B. Development Standards: 1. Except as identified in this Subsection, accessory dwelling units shall comply with all the development standards (e.g. setbacks, lot coverage, height, encroachment plane, etc. that apply to the primary residence). 2. An accessory dwelling unit shall not be more than 600 square feet of gross floor area, not including a covered porch, covered patio, trellis, and a garage or carport that serves the accessory dwelling unit. 3. An accessory dwelling unit shall be limited to a height of one -story, not exceed twelve (12) feet in height to the top of the plate and sixteen (16) feet to the highest ridgeline, and shall not exceed the height of the primary residence. 4. An accessory dwelling unit shall be provided with a minimum of one (1) on -site parking space (covered or uncovered) in a designated location outside of the required front or street -side yard setbacks. Exhibit B: TA 10 -02 — R -O Zone November 16, 2010 Page 4 R - Zone The attached text amendments show the existing text to remain in normal type, and the new language appears in "red" with strikeouts on the omitted language. 9220). (Moved to Definition Section - 9252.2.9.1. ACCESSORY BUILDINGS. REGULATIONS. Accessory buildings, except for accessory dwelling units are not to be used as dwelling units. Accessory buildings may not have more than one (1) story, exceed more than sixteen (16) feet in height, occupy more than twenty -five percent (25 %) of a required rear yard, be located within five (5) feet of a rear lot line nor ten (10) feet of another building, contain more than one (1) room and one (1) three - quarter (3/4) bathroom. Side yard setbacks for accessory buildings shall be the same as those specified for main dwellings in this Division. bathr-eem- -The total floor area of detached accessory building(s), not including accessory dwelling units shall not exceed fifty percent (50 %) of the ground floor area of the main dwelling. 9252.2.3.1. CORNER LOTS. On corner lots the required side yard setback adjoining the interior lot shall be as specked in Section 9252.2.3. The required side yard setback on the street side of a corner lot shall not be less than twenty (20) feet, unless a greater setback is specified in Chapter 3 of this Article. Any portion of a single story in excess of twelve (12) feet high and /or any portion of a second story including second story architectural features and walls shall be setback not less than twenty (20) feet or twenty percent (20 %) of the width of the lot as measured at the front property line; whichever is greater, unless a greater setback is specified in Chapter 3 of this Article. The lot width for determining setbacks on lots with more than fifty percent (50 %) frontage on a cul -de -sac terminus shall be measured at the required building setback line. Exhibit B: TA 10 -02 — R -1 Zone November 16, 2010 Page 1 On comer lots an attached garage portion of a main dwelling that does not exceed one (1) story and sixteen (16) feet in height may be located not less than fifteen (15) feet from the rear property line. No portion of any structure shall encroach through a plane projected from an angle of forty (40) degrees as measured at the ground level along the street side property line. The point shall be located at the intersection of a horizontal projection of the adjacent grade elevation and its intersection with the street side property line. Architectural projections, with the exception of roof eaves shall not project into the required setback. 9252.2.3.2. SIDE YARDS. REVERSE CORNER LOT. On reverse corner lots, the required side yard adjoining the interior lot shall be as specified in Section 9251.2.3. The required side yard on the street side of a reverse corner lot shall be not less than twenty -five (25) feet, unless a greater setback is specified in Chapter 3 of this Article. Any portion of a single story in excess of twelve (12) feet high measured from the adjacent finished grade to the top plate and /or any portion of a second story, including second story architectural features and wall, shall be set back twenty (20) feet or twenty percent (20 %) of the width of the lot as measured at the front property line, whichever is greater, unless a greater setback is specified in Chapter 3 of this Article. On reverse comer lots an attached garage portion of a main dwelling that does not exceed one (1) story and sixteen (16) feet in height may be located not less than fifteen (15) feet from the rear property line. No portion of any structure shall encroach through a plane projected from an angle of forty (40) degrees as measured at the ground level along the street side property line. The point shall be located at the intersection of a horizontal projection of the adjacent grade elevation and its intersection with the street side property line. Architectural projections, with the exception of building eaves shall not project into the required setback. The lot width for determining setbacks on a lot with more than fifty percent (50 %) frontage on a cul -de -sac terminus shall be measured at the required front setback line. ACCESSORY DWELLING UNITS (Moved to the Definition section 9220). 9262 Exhibit B: TA 10 -02 — R -1 Zone November 16, 2010 Page 2 9252.2.10.3 ACCESSORY DWELLING UNITS. Accessory dwelling units shall comply with the following regulations: A. Location and Operation Standards: 1. An accessory dwelling unit may be constructed on any legal parcel of 15,000 square feet or more. Delete assessory building. 2. No more than one accessory dwelling unit shall be allowed on a property. Exhibit B: TA 10 -02 — R -1 Zone November 16, 2010 Page 3 3. Accessory dwelling units shall only be built when there is an existing single - family residence (e.g. primary residence) on the site. If a site is vacant, an accessory dwelling unit may be constructed at the same time as the primary residence, however no certificate of occupancy may be issued unless and until a certificate of occupancy is issued for the primary residence. 4. Accessory dwelling units shall not be attached in any way to any etherassessery she building, except for a garage that serves the accessory dwelling unit, and shall not be within ten (10) feet of another building. Accessory dwelling units shall not be attached to the main residence. 5. A covenant in a form approved by the City Attorney shall be recorded for each accessory dwelling unit, requiring that the accessory dwelling unit not be sold independently of the main dwelling unit and parcel. B. Development Standards: 1. Except as identified in this Subsection, accessory dwelling units shall comply with all the development standards (e.g. setbacks, lot coverage, height, encroachment plane, etc. that apply to the primary residence). 2. An accessory dwelling unit shall not exceed 600 square feet in gross floor area, not including a covered porch, covered patio or trellis, and a garage or carport that serves the accessory dwelling unit. 3. An accessory dwelling unit shall be limited to a height of one -story, not exceed twelve (12) feet in height to the top plate and sixteen (16) feet to the highest ridgeline, and shall not exceed the height of the primary residence. 4. An accessory dwelling unit shall be provided with a minimum of one (1) on -site parking space (covered or uncovered) in a designated location outside of the required front or street -side yard setbacks. Exhibit B: TA 10 -02 — R -1 Zone November 16, 2010 Rage 4 R -2 Zone The attached text amendments show the existing text to remain in normal type, and the new language appears in "red" with strikeouts on the omitted language. 9253.1.1. SINGLE - FAMILY DWELLINGS Single- family dwellings of a permanent character. A new or expansion to an existing single - family dwelling shall be reviewed pursuant to the regulations contained in the R -2 zone. 9253.2.5. - SIDE YARD. On interior lots there shall be a side yard on each side of every building of not Tess than ten feet (10') feet (16 '). On corner lots the required side yard adjoining the interior lot shall be ten feet (10') . The required side yard on the street side of a corner lot shall not be less than the required front yard setback for the side street. EXCEPTION. On lots that are less than sixty -five feet (65') in width the enclosed single - story garage portion of a dwelling unit may encroach a maximum of five feet (5') into the required interior side yard setback, provided that there shall be no living or-ether-usable space in said enclosed garage encroachment. 9253.2.6. - REAR YARD. There shall be a landscaped -rear yard of not less than ten feet (10') in depth -er onty the-rear -let -line. 0253.2.8. FLOOR AREA. 9253.2.9. - PARKING. The following regulations shall apply to parking: A. Two (2) covered parking spaces shall be provided and assigned to each dwelling unit, Exhibit B: TA 10 -02 — R -2 Zone November 16, 2010 Page 1 B. On lots containing more than one (1) dwelling unit , guest parking shall be provided at the rate of one (1) parking space for every two (2) dwelling units. When the calculation results in a number other than a whole number, the requirement shall be rounded to the next higher whole number. C. Structures used principally for parking shall not be higher than one (1) story. D. Each parking space shall have clear dimensions at least of ten -nine feet (409') in width by twenty- nineteen feet (2019') in depth. E. Safe ingress and egress shall be provided for each parking space by a titwenty -five -foot (3025') turning radius and /or a minimum of thirty-twenty-five feet (3025') of back out space directly adjacent to said parking space. F. No portion of any required driveway may be used to fulfill any such parking space requirements. 14 G. Adequate bumper guards shall be provided to protect from damage the interior wall of garages frage and /or the supports of carports. d-1.A clear three -foot (3') wide planting area shall be landscaped and so maintained between any open parking space and adjoining property lines. et Exhibit B: TA 10-02 — R -2 Zone November 16, 2010 Page 2 haildinge 14-I. No parking shall be permitted within the required front yard and /or street -side yards. N.J.Each required guest parking space shall have clear dimensions of at least ten nine feet (449') in width by twenty- nineteen feet (2819') in depth. Q K. "Guest Parking Only" signs with letters not less than two inches (2 ") in height shall be properly located to designate guest parking spaces. 9253.2.10. - DRIVEWAY REQUIREMENTS. The following shall apply to driveways: A. Each Any driveway to a garage -or parking space shall be at least ten feet (10') ' wide and shall be totally unobstructed from the pavement upward, except as provided in this Title. B. Every driveway serving as access to more than twelve (12) required parking spaces or which is more than one hundred twenty -five feet (125') long shall be not less than twenty- eighteen feet (2818') wide and shall be totally unobstructed from the pavement upward, except as provided in this Title. GT EXCEPTION: Two (2) en foot (124410') wide driveways may be provided in lieu of one (1) twenty-eighteen -foot (2018') wide driveway; provided that one (1) driveway is specified for ingress only and the other driveway is specified for egress only. C. Each driveway adjacent to a garage -or parking space shall have a width that provides the required safe ingress and egress and shall be totally unobstructed from the pavement upward, except as provided in this title. Exhibit B: TA 10 -02 — R -2 Zone November 16, 2010 Page 3 D. Every driveway shall be entirely paved. senerete. F-.-E. Community driveways shall be permitted provided that the owners of the lots show proof of a recorded easement or other legal instruments authorizing the use of such shared driveway arrangement and provided that a Covenant in recordable form approved by the City Attomey is by its terms to be for the benefit of, enforceable by, and to be released only by the City, and is executed by all the owners of all property affected thereby. The Covenant shall state that such community driveway shall be usable by the tenants and owners of the properties proposed to be served by the community driveway. Recordation of this instrument shall be completed prior to the issuance of a Building Permit. 1 F. Eaves, no portion of which are Tess than thirteen feet (13') above the pavement, may overhang any such driveway a distance of not more than three feet (3'). Utility pole cross -arms and utility service wires may be located not less than thirteen feet (13') in height above the paved surface of any sash driveway. d- H.Whenever a driveway is located within a required side yard, a landscaped area at least a clear three feet (3') in width shall be maintained between the property line and the driveway, - _ - • _ 1. A clear two -foot (2') wide landscaped area shall be maintained between any driveway and any building. 9253.2.11. - OPEN SPACE. The following regulations shall apply: Exhibit B: TA 10 -02 — R -2 Zone November 16, 2010 Page 4 A. At least three• -one hundred (389100) square feet of contiguous private open space shall be provided for each ground-flew dwelling unit. Such open space shall be directly accessible from the unit it serves and shall have a minimum dimension of ten feet (10'). 9253.2.15. - LAUNDRY ROOM. B. At least fifty percent (50 %) of the cumulative required open space shall be landscaped and shall be maintained and provided with a permanent automated irrigation system. DC. One (1) ^ minimum of two (2) thirty -six inch (36 ") box trees for each twenty -five feet (25') of street frontage and /or side frontage shall be provided in the front and /or street side yards. The specific locations of these trees is subject to the review and approval of the Development Services Director or designee. 0263.2.13. BUILDING LENGTH. 9253.2.14. - DISTANCE BETWEEN BUILDINGS. Buildings on the same larapecty lot shall them-anel-slaali have a minimum separation of ten feet (10'). feucteen -feet 4'): If a laundry area is not provided in every unit, A ne-(4) a common laundry area facility shall be provided with a minimum of one (1) washer and one (1) dryer for each ten (10) units and shall be centrally located • to the units to be served. Exhibit B: TA 10 -02 — R -2 Zone November 16, 2010 Page 5 R -3 Zone The attached text amendments show the existing text to remain in normal type, and the new language appears in "red" with strikeouts on the omitted language. 9255.1.1. DWELLING UNITS Two or more dwelling units, including single - family dwellings, multiple family dwellings and /or cooperative dwellings constructed in accordance with the regulations of Article VIII of this Code relating to the Multiple - Family Construction Standards. EXCEPTION: If a lot that is erty tt`iat -is regulated by this Division has a width of fifty feet (50') or less, it may be developed with only one (1) a-new single - family dwelling. . Such a development shall be considered through the Modification process and is subject to the review and approval of the Modification Committee . A new or expansion to an existing single - family dwelling shall be reviewed pursuant to the regulations contained in the R -3 zone. 9255.2.4. SIDE YARD. On interior Tots there shall be a side yard on each side of every building of not less than ten feet (10').'- - - - _ __ feet -46'). On corner lots the required side yard adjoining the interior lot shall be ten feet (10') . The required side yard on the street side of a corner lot shall not be less than the required front yard setback for the side street. Ne- parkin -shall EXCEPTION: On lots that are less than sixty -five feet (65') in width the enclosed single - story garage portion of a dwelling unit may encroach a maximum of five feet (5') into the required interior side yard setback, provided that there shall be no living or other- usable space in said enclosed garage encroachment. 9255.2.5. - REAR YARD. There shall be a landscaped -rear yard of not less than ten feet (10') in depth-er-twenty 9255.2.7. - DWELLING UNIT DENSITY. Maximum density: one dwelling unit per one thousand four hundred fifty (1,450) square feet of lot area (30 dwelling units per acre). Minimum density: one dwelling unit per two thousand two hundred (2,200) square feet of lot area (20 dwelling units per acre). Exhibit B: TA 10 -02 — R -3 Zone November 16, 2010 Page 1 9255.2.9. - PARKING. The following regulations shall apply to parking: A. Two (2) covered parking spaces shall be provided and assigned to each dwelling unit, Structures used principally for parking shall not be higher than one (1) story. B. On lots containing more than one (1) dwelling unit, , guest parking shall be provided at the rate of one (1) parking space for every two (2) dwelling units. Where the calculation results in a number other than a whole number, the requirement shall be rounded to the next higher whole number. OTC. Each parking space shall have clear dimension of ten -nine feet (499') in width by twenty- nineteen feet (2919') in depth. &D. Safe ingress and egress shall be provided for each parking space by a thi# ytwenty- five -foot (3925') turning radius and /or a minimum of i:gictytwenty- five feet (3925') of back out space directly adjacent to said parking space. Exhibit B: TA 10 -02 - R -3 Zone November 16, 2010 Page 2 FE. No portion of any required driveway may be used to fulfill any Gosh. parking space requirements. #:F. Adequate bumper guards shall be provided to protect from damage the interior wall of garages and /or the supports of carports. from- damage. JG. A clear three -foot (3') wide planting area shall be landscaped and so maintained between any open parking space and adjoining property lines. A 14:H. No parking shall be permitted within the required front yard and /or street side yards. 1 Each required guest parking space shall have clear dimension of ten -nine feet (499') in width by may- nineteen feet (2919') in depth. 4.-J. "Guest Parking Only" signs with letters not less than two inches (2 ") in height shall be properly located to designate guest parking spaces. 9255.2.10. - DRIVEWAY REQUIREMENTS. The following shall apply to driveways: Exhibit B: TA 10 -02 — R -3 Zone November 16, 2010 Page 3 A. Eaoh -Any driveway to a or parking space shall be at least twelve -and ene- halfen feet (12 34101 wide and shall be totally unobstructed from the pavement upward, except as provided in this Title. B. Every driveway serving as access to more than twelve (12) required parking spaces or which is more than one hundred twenty -five feet (125') long, shall be not less than twenty eighteen feet (2018') wide and shall be totally unobstructed from the pavement upward, except as provided in this Title. EXCEPTION: Two (2) ten -foot (424410') wide driveways may be provided in lieu of one (1) eighteen -foot (2018') wide driveway; provided that one (1) driveway is specified for ingress only and the other driveway is specified for egress only. ID7C. Each driveway adjacent to the rear of a a- garage -or parking space shall have a width that provides the required safe ingress and egress and shall be -a totally unobstructed from the pavement upward, except as provided in this Title. &D. Every driveway shall be entirely paved. seneFete. . E. Community driveways shall be permitted provided the owners of the Tots show proof of a recorded easement or other legal instruments authorizing the use of such shared driveway arrangements and provided that a Covenant in recordable form approved by the City Attomey, is by its terms to be for the benefit of, enforceable by, and to be released only by the City, and is executed by all the owners of all property affected thereby. The Covenant shall state that such community driveway shall be usable by the tenants and owners of the properties proposed to be served by the community driveway. Recordation of this instrument shall be completed prior to the issuance of a Building Permit. 4=17F. Eaves, no portion of which are Tess than thirteen feet (13') above the pavement, may overhang any even driveway a distance of not more than three feet (3'). Exhibit B: TA 10 -02 — R -3 Zone November 16, 2010 Page 4 G. Utility pole cross -arms and utility service wires may be located not less than thirteen feet (13') in height above the paved surface of any sash driveway. 47H.Whenever a driveway is located within a required side yard, a landscaped area at least a clear three feet (3') in width shall be maintained between the property line and the driveway. I. A and clear two feet foot (2') wide landscaped area shall be maintained between the any driveway and building. 9255.2.11. - OPEN SPACE. The following regulations shall apply: A. At least one hundred (100) two-hundred-(200.) square feet of contiguous private open space shall be provided for each ground-floor dwelling unit. Such open space shall be directly accessible from the unit, which it serves, and shall have a minimum dimension of ten feet (10'). Exhibit B: TA 10 -02 — R -3 Zone November 16, 2010 Page 5 GB. At least fifty percent (50 %) of the cumulative required open space shall be landscaped. and shall be maintained and provided with a permanent irrigation system. DC. One (1) thirty -six inch (36 ") box tree for each twenty -five feet (25') of street frontage shall be provided in the front and /or street side yards. The specific locations of these trees are subject to the review and approval of the Development Services Director or designee. Q11DING`1ENGTH S CG244 11 C77T'fV'T - -CI \CTI 1. 9255.2.14 DISTANCE BETWEEN BUILDINGS Buildings on the same property- lot shall them -an -shall -have a minimum separation of ten feet (10'). fourteen feet- 4 9255.2.15. - LAUNDRY ROOM. If a laundry area is not provided in every unit, a common laundry area shall be provided with a minimum of one (1) washer and one (1) dryer for each ten (10) units and shall be centrally located to the units to be served. Exhibit B: TA 10 -02 — R -3 Zone November 16, 2010 Page 6 DIVISION 7 — Density Bonus Ordinance The attached text amendments show the existing text to remain in normal type, and the new language appears in "red" with strikeouts on the omitted language. 9257. INTENT AND PURPOSE. This Division is established to provide a Density Bonus Ordinance for all multiple - family, Downtown Mixed Use, and Mixed -Use zones, which is intended to comply with the State Density Bonus Law, Government Code Section 65915. In accordance with the provisions of this Chapter and in consideration to developers of multiple - family housing for, - Lower - income Households, Very-low- income Households, Moderate - income Households, or Senior Citizens, the City shall grant a Density Bonus and additional concessions. 9257.1. DEFINITIONS. For the purposes of this Division, certain words and phrases used herein shall be defined as follows: a. Affordability. . The ability to satisfy the requirements of an Affordable Unit. b. Affordable Unit(s). Affordable units shall mean housing units that have costs or rents as defined in Section 50052.5 and 50053 of the Health and Safety Code eats -at , as said sections may be hereinafter amended, for Very-low- income, Lower - income, or Moderate - income Households. c. Common Interest Development. A project composed of individually owned units that share usage and financial responsibility for common areas, including a community apartment project, a condominium project, a planned development, and a stock cooperative. e-d. Concession. Concession shall mean the adjustment of a development standard required by the City and exceeding the minimum standards required by State law, in order to facilitate construction of eligible Housing Developments as defined by the provisions of this Division. Concessions may include, but are not limited to priority processing, fee deferments and waivers, and granting of modifications to applicable zoning requirements. e. Condominium/Apartment Conversion. A project involving the conversion of a building with tenants, or a cooperative building with tenant - shareholders, into a community of individual owners of specified units and common owners of all common areas. d- f. Density bonus. Density bonus shall mean an increased density of at- least- twenty- fve- percent %6) up to thirty five percent (35 %) over the maximum authorized density, which is granted to a developer of a multiple - family project that Exhibit B: TA 10 -02 — Density Bonus November 16, 2010 Page 1 includes a prescribed percentage of lower inoomo Affordable Units in accordance with the density bonus provisions listed in section 9257.2. Exception: For the purpose of residential seams Condominium /Apartment conversion projects, "density bonus" shall mean an increase in units of twenty -five percent (25 %) over the number of apartments to be provided within the existing structure or structures proposed for conversion. e. a- faster: g. Housing Development. Housing Development shall mean multiple - family residential projects within the R -2 and R -3 zones of the City including, but not limited to, projects to substantially rehabilitate and convert existing commercial buildings to residential use or projects to substantially rehabilitate existing multiple- family dwelling units where the result of the rehabilitation is a net increase in available residential units. h. Incentive. Incentive shall mean the adjustment of a development standard required by the City and exceeding the minimum standards required by State law, in order to facilitate construction of eligible Housing Developments as defined by the provisions of this Division. Incentives may include, but are not limited to, priority processing, fee deferments and waivers, and granting of modifications to applicable zoning requirements. g i. Household type. Household type shall mean whether the occupants of the dwelling units are lower income, very income, moderate income, or senior citizens. j. Land Donation. A land donation shall mean a transfer of land to the City or housing developer identified and approved by the City, no later than the date of approval of a final subdivision map, parcel map or residential development application of an area; 1) large enough and zoned to accommodate housing for Very-low Income Households equal to at least 10 percent of the number of units in the market -rate development; (2) at least one acre in size or of sufficient size to permit development of at least 40 units; (3) that is or will be served by adequate public facilities and infrastructure; (4) has the appropriate general plan designation; (5) has all the permits and approvals, other than building permits, necessary for the development of the Affordable Units not later than the date of approval of the final subdivision map, parcel map, or residential development, except design review in the event the design is not required by the City prior to the transfer; (6) subject to a deed restriction ensuring Affordability consistent with this Division, which shall be recorded at the time of the transfer; (7) within the boundary of the proposed Housing Development or, if the City agrees, within one - quarter mile of the boundary of the proposed Housing Development. A proposed source of funding for the Affordable Units shall be identified not later than the date of approval of the final subdivision map, parcel map, or residential development application. k. Lower - income and Very-low- income Households. Lower - income and very income households are defined by income limits that are established in Sections 50079.5 and 50105 respectively of the Health and Safety Code, as said sections may be hereinafter amended. 41. Moderate - income households. Moderate - income households are defined by income limits that are established in Section 50093 of the Health and Safety Code, as said sections may be hereinafter amended. j m. Senior citizens. Senior citizens shall 'mean persons who are at least fifty -five years of age, in accordance with State and federal Law. Exhibit B: TA 10 -02 — Density Bonus November 16, 2010 Page 2 n. Senior citizen units housing development. Senior citizen units housing development shall mean government- subsidized housing units for senior citizens; consisting of at least thirty five (35) units in which eighty - percent (80%) each occupied by at least one (1) person aged fifty -five (55) or older and which provides facilities and services designed for seniors. 9257.2. APPLICABILITY AND EXCEPTION. a. Housing developments consisting of five (5) units or more (excluding bonus units), excluding Condominium /Apartment Conversions, are eligible for a density bonus, a modified parking requirement, and additional concessions or incentives, provided that the project meets one or more of the following criteria: 1. At least ten percent (10 %) of the total number of units of a housing development are designated for lower- income households; or 2. At least ten-cement-04%3 five percent (5 %) of the total number of units of a housing development are designated for very-low- income households ; or 3. At least ten percent (10 %) of the total number of units of a housing development are designated for very-low income units for Households (Land Donation projects only); or 4. At least ten percent (10 %) of the total number of units of a housing development are designated for moderate - income households (Common Interest Developments that are offered to the public for purchase only); or 4. 5. A Senior Citizen Housing Development. b. Residential condominium conversion projects (converting apartments into condominium units) consisting of five (5) apartment units or more are eligible for a twenty -five percent (25 %) density bonus, as set forth in this chapter-- Division, provided that the project meets one or more of the following criteria: 1. At least thirty -three percent (33 %) of the total number of units of the proposed Condominium /Apartment Conversion project are designated for n3edefate - inseme Low -to- Moderate - income households; or 2. At least fifteen percent (15 %) of the total number of units of the proposed Condominium /Apartment conversion project are designated for iew- inseme Very-low income households. 3. The proposed apartment complex that is proposed to be converted into condominiums shall not have been previously granted a Density Bonus. Exhibit B: TA 10 -02 — Density Bonus November 16, 2010 Page 3 Affordability Categories Minimum Set -Aside of Affordable Units Bonus G d to Each Additional 1% Set - Aside of Affordable Units adds: Maximum Very Low Income Households 5% 20% 2.5% 35% Lower Income Households 10% 20% 1.5% 35% Moderate Income (Common Interest Development Only) 10% 5% 1.0% 35% Senior Citizen Housing Development 100% (minimum 35 units) 20% -- 20% Senior Citizen Housing Development & 100% of units are for Lower Income or Very-low income Households 100% (minimum 35 units) 30% 20% Land Donation (Very -low income Household projects only) 10% 15% 1% 35% Condominium /Apartment Conversions 33% low -to- moderate income 25% NA 25% 15% very low income c. The density bonus for qualified projects shall be calculated as follows in Table 1: Density Bonus Provisions. A developer must choose a density bonus from only one affordability category and cannot combine categories. Table 1: Density Bonus Provisions e. d. The City shall deny a proposed housing development with affordable units if any one of the following findings is made: 1. 1. A finding in accordance with Section 65589.5 of the Govemment Code, as the section may be hereinafter amended. 2. The project would have a specific, adverse impact upon the public public's health or safety, and there is no reasonably feasible method to satisfactorily mitigate the identified adverse impact. 9257.3. ADDITIONAL CONCESSIONS AND INCENTIVES. f-er aflpNsable The In addition to a density bonus, the City shall grant additional a specified number of concessions or incentives to the developer in accordance with Sections 65915 et seq. of the Govemment Code, as the sections may be hereinafter amended, unless the City Exhibit B: TA 10-02 — Density Bonus November 16, 2010 Page 4 a. A modification of applicable zoning code requirements; b. Reduction of application or construction permit fees; c. Other regulatory concessions proposed by the applicant or the City. 9257.4. GENERAL REQUIREMENTS. adopts a written finding that the additional Concessions or Incentive is (1) not required to make the units Affordable; (2) has a specific adverse impact upon the public's health and safety, or the physical environment, or any real property listed in the Califomia Register of Historical Resources, for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable; or (3) would be contrary to State or federal law. Concessions and Incentives may be any of the following: a. Before the issuance of a building permit for any dwelling unit in a Housing Development for which a Density Bonus has been awarded or Concessions or Incentives granted pursuant to this Division, the developer shall identify the Affordable Units and shall enter into a written agreement with the City, as set forth further in Section 9257.5 to guarantee one (1) or both of the following, as applicable: 1. Low and Very-low- income Households: Affordable Units for Low and Very-low income Households shall continue to be Affordable for a minimum of thirty (30) years, which thirty (30) year restriction shall renew upon sale or transfer of the units. These units shall remain Affordable for a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. 2. Moderate - income Households: The initial occupant must be a Moderate - income Household and the unit shall be Affordable. An equity- sharing agreement will be required indicating that upon resale, the seller of the unit shall retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation. Upon resale, the City shall recapture any initial subsidy and its proportionate share of appreciation in accordance with Section 65915(c) (2XBXC) of the Healthy and Safety Code, as said section may be hereinafter amended. The City shall spend such recaptured funds within five (5) years for the construction, rehabilitation, or preservation of Affordable housing for Very-low, Low and Moderate - income Households, as described in Section 33334.2(e) of the Healthy and Safety Code, as said section may be hereinafter amended. b. Affordable units shall be dispersed throughout the project and architecturally compatible with the overall housing development. c. In calculating the additional density bonus units to be permitted over what the stated density that is currently allowed by the existing zoning, or in calculating the amount of affordable units to be required, any fractional remainder (44) shall be rounded up to the next whole number. d. Nothing in this Division shall be construed to require the City to provide, or limit the City's ability to provide direct financial incentives for Housing Developments, Exhibit B: TA 10 -02 — Density Bonus November 16, 2010 Page 5 including the provision of publicly owned land by the City or the waiver of fees and dedication requirements. e. The City's granting of an Incentive or Concessions shall not be interpreted, in and of itself, to require a general plan amendment, zoning change or other discretionary approval. f. Nothing in this Division shall be interpreted to require the City to waive or reduce development standards or to grant an Incentive or Concession that would have a specific, adverse impact upon health, safety or the physical environment for which there is no feasible method to mitigate or avoid the specffic adverse impact; nor shall this require the City to waive or reduce development standards or to grant an Incentive or Concession that would have an adverse impact on any real property that is listed in the Califomia Register of Historical Resources. household -size. household -size. 9257.5. APPLICATION PROCEDURES. a. A developer may submit a written preliminary proposal for a density bonus prior to a formal application and may request a meeting with the City. The City shall respond within ninety (90) days of receipt of a written preliminary proposal, notifying the applicant in writing of the procedures which will be followed in processing the a formal application. b. The formal application shall follow the review process as set forth for text amendments in Article IX, Chapter 2, Part 9, Division 3 of the Arcadia Municipal Code, and shall provide additional information as specified in this Chapter and as requested by the City. c. Concurrent with the submittal of the formal application, the applicant shall also provide the following items to ensure compliance with the provisions of this Chapter: 1. A "Density Bonus Agreement" (in a form approved by the City Attorney) shall -he approved subject to approval by the City Council, and that shall run with the land. It may include, but not be limited to, providing the following information: (a) The number of requested dwelling units above the amount allowed by the existing zoning, and the additional concessions and incentives requested; (b) Household type, number, location, size and construction scheduling of all affordable units; (c) The time period of affordability for the affordable units, as set forth in this Chapter (d) The standards for maximum qualifying incomes for affordable units; Exhibit B: TA 10 -02 — Density Bonus November 16, 2010 Page 6 (e) The standards for maximum rents or sales prices for affordable units; (f) The process to be used to certify tenant and homeowner incomes; (g) The arrangements with the City for the monitoring of the affordable units; (h) How vacancies will be marketed and filled; (i) Restrictions and enforcement mechanisms binding on the property upon its sale or transfer; (j) Penalties and enforcement mechanisms in the event of a failure to maintain the affordability provisions; (k) Any other provisions deemed necessary by the City of Arcadia. 2. A project financial report (pro forma) shall be submitted to allow the City to evaluate the financial need for the additional concessions and incentives. The City may retain a consultant to review the financial report. The cost of the consultant shall be at the expense of the applicant. Exhibit B: TA 10 -02 — Density Bonus November 16, 2010 Page 7 Communication and Transportation Permit Requirement Altemative fuels and recharging facilities P Automobile car wash C Automobile storage C Automobile fueling stations C Automobile fueling stations and Automated self- service car wash C Automobile rental facility C Automobile and truck repair C Automobile self- service station C Automobile service station C Garages C Major wireless communication facilities C Motor vehicles and truck sales C Automobile upholstering C Used car sales C Education Art Studios 1 C Division 5 - COMMERCIAL- MANUFACTURING ZONE (C -M Zone) The attached text amendments show the existing text to remain in normal type, and the new language appears in "red" with strikeouts on the omitted language. Title 1— USES PERMITTED 9265.1. USES PERMITTED. No building or land shall be used and no building shall be hereafter erected, constructed or established except for the uses specified in the following subsections. EXCEPTION: A conditional use permit shall be required for every retail business selling alcoholic beverages for off - premise consumption and every retail business selling goods and products to the public on a walk -in basis which is open more than sixteen (16) hours per day or which is open to the public any time between midnight (12:00 a.m.) and 6:00 a.m., and located Tess than one hundred fifty (150) feet from residentially zoned property (Amended by Ord. 1893 adopted 9- 6 -88). P — Permlted C — Conditional Use Permit 1 Exhibit B: TA 10 -02 — C -M Zone November 16, 2010 Page 1 Commensal, Trade, and Music schools C Martial art studios C Music and Vocational Schools C Tutoring centers C Entertainment and Facilities Arcades C Bowling alleys C Health dub C Ice skating rinks C Karaoke and sing -along C Movie Theatres C Roller skating rinks C Retail Building material sales (Not more than 20% of the outdoor area shall be devoted to outdoor sales) P Retail uses P Garden center /nursery P Grocery store P Pet Stores P Warehouse Retail (under 40,000 square feet) Warehouse Retail (over 40,001 square feet) P C Wholesale (under 40,000 square feet) Wholesale (40,000 square feet and over) P C Services Animal Boarding C Animal Grooming P Automated Tell Machines (ATMs) P Bakeries P Day care facilites C Drive -thru facilities C Dry leaning service P Equipment rental establishments P Dental offices or clinics P Manufacturing (under 40,000 square feet) Manufacturing (40,00 square feet and over) P C Medical laboratories P Medical services P Mortuaries C Offices P Outdoor Storage C Personal Services C Recycling facilities C Research and Development P Restaurants, fast food, with or without outdoor dining C Self- Storage C Towing Services C Veterinary Services C Warehousing & Distribution Storage (Enclosed) P 2 Exhibit B: TA 10 -02 — C -M Zone November 16, 2010 Page 2 Rattling -Plant 9266.1.11. SAME. 3 Exhibit B: TA 10 -02 — C -M Zone November 16, 2010 Page 3 ewe -same -let charactor of any uco. Section -923. TITLE 2 HEIGHT AND YARD REGULATIONS 9265.2. GENERAL. The regulations set forth in this Title shall apply in the C -M Commercial- Manufacturing Zone unless otherwise provided in this Chapter. 4 Exhibit B: TA 10 -02 — C -M Zone November 16, 2010 Page 4 9265.2.1. BUILDING HEIGHT. No building hereafter erected, constructed or established shall exceed three (3) stories or forty (40) feet (12.19 meters) in height, except as provided in Division 6 of Part 7 (Special Height Zone) o this Chapter. (Amended by Ord. 1238 adopted 3- 17-64; amended by Ord. 1628 adopted 5- 2 -78). 9265.2.2 . FRONT YARD. No front yard shall be required. 9265.2.3. SIDE YARD. No side yard setback shall be required, unless it abuts a residentially zoned property; then a minimum side yard setback of ten (10) feet shall be maintained. No portion of any structure shall encroach through a plane projected from an angle of forty -five (45) degrees as measured at the ground level along the abutting residential property line. 9265.2.4 REAR YARD. No rear yard setback shall be required, unless it abuts a residentially zoned property; then a minimum rear yard setback of ten (10) feet shall be maintained. No portion of any structure shall encroach through a plane projected from an angle of forty -five (45) degrees as measured at the ground level along the abutting residential property line. 9265.2.5 WINDOW OPENINGS, BALCONIES, DECKS, OPEN STAIRWAYS, ELEVATED WALKWAYS. No window openings, balconies, decks, open stairways, or elevated walkways shall be permitted facing abutting residentially zoned property. EXCEPTION. The aforementioned limitation shall not apply to window areas which are located more than six feet six inches (6' -6 ") above the floor level or to fixed translucent areas. (Former section repealed by Ord. 1316 adopted 2 -1 -66 and a new section added by Ord. 1760 adopted 1- 4-83). 9265.2.6 ROOF- MOUNTED EQUIPMENT, ACCESSORY STRUCTURAL ITEMS, AND MECHANICAL EQUIPMENT. Exhibit B: TA 10 -02 — C -M Zone November 16, 2010 Page 5 1. Towers, chimneys, spires, gables, mechanical equipment and other roof -top structures shall not exceed a height of ten (10) feet above the roof of any building. Appurtenances not incorporated as architectural features shall be adequately screened. No roof - mounted equipment, vents, ducts, or dish antennas shall be visible from ground level from any adjacent parcel, or any public street or right -of- way. This shall be accomplished through the extension of the main structure or roof, or screened in a manner that is architecturally integrated with the main structure 2. Mechanical equipment, including but not limited to heating and air conditioning devices, shall be located within the building or if mounted elsewhere shall be screened from public view. 9696.2.6. TITLE 3 PARKING REGULATIONS 9265.3.1. PARKING REQUIREMENTS. Unless otherwise indicated in this division, parking facilities in the C -M Commercial - Manufacturing Zone shall be provided in accordance with the standards for Commercial Zones of the General Parking Regulations set forth in Division 9 of Part 6 of this Chapter (Sections 9269.1 et.seq.) in-Seetiens-926941-92694r 926973r 92694r-026976i (Title 3, Sections 9265.3 through 9265.3.15 added by Ord. 1316 adopted 2 -1 -66. Title 3, Sections 9265.3.1 through 9265.3.15 repealed by Ord. 1574 adopted 11 -2 -76) TITLE 4 SIGN REGULATIONS 9265.4. REGULATIONS. The regulations set forth in Title 4 of Division 2 commencing with Section 9262.4 shall be the regulations for signs in the C -M Commercial- Manufacturing Zone. (Amended by Ord. 1397 adopted 3 -4-69) 6 Exhibit B: TA 10 -02 — C -M Zone November 16, 2010 Page 6 9265.5.1. LANDSCAPING. Landscaping shall be required in the parking area, subject to the conditions and limitations set forth In Section 9269.13 (Parking Area Landscaping and Walls). Trees shall be provided, as specified In this section and as shown on the landscape plans: 1) Trees in Front and Street Setback Areas. A minimum of one (1) tree for every twenty (20) linear feet of street frontage shall be planted in the setback adjacent to the street. a) All required trees shall be a minimum size of twenty-four (24) inch box. b) Notwithstanding the choice of tree specie that is durable and climatically suitable to a project site, the applicant shall install a tree type that is the same variety as trees on adjacent properties, if such tree(s) are healthy and would contribute to the continuity of the streetscape. c) Trees should generally be aligned with trees on adjacent properties. 7 Exhibit B: TA 10 -02 — C -M Zone November 16, 2010 Page 7 2) Trees in Areas Other than Front and Street Setbacks. Trees planted in landscaped areas other than front and street setbacks shall comply with the following provisions. a) Small canopy trees shall be combined with medium and /or large canopy trees to enhance the depth and contrast of landscaping. 3) Shubbery and Groundcover. Shrubbery, vines and groundcover shall be provided, as specified in this section. A minimum of fifty (50 %) percent of required shrubbery, vines and ground cover shall be drought tolerant. a) Shrubbery. Fifty percent (50 %) of all required shrubs and similar plants shall be a minimum size of five (5) gallons at time of planting. b) Groundcover. Live groundcover shall be planted and maintained where shrubbery is not sufficient to cover exposed soil. Mulch may be used in place of groundcover where groundcover will not grow or where groundcover will cause harm to other plants. c) Groundcover Spacing. Groundcover plants should be planted at a density and spacing necessary for them to become well established within eighteen (18) months. 4) Approval Required. Landscape plans shall be submitted in conjunction with building plans for construction. No landscaping or irrigation system shall be installed until the plans are approved. The project shall comply with the requirements of Arcadia Municipal Code Section 7554 (Water Efficiency Landscaping), with respect to monitoring water usage. 9265.5.2. IRRIGATION. All landscaped areas shall be provided with a permanent irrigation system installed below grade except for sprinkler heads and valves. Exhibit B: TA 10-02 — C -M Zone November 16, 2010 Page 8 TITLE 6 GENERAL REGULATIONS 9265.6.1. LIGHTING. Lighting shall be hooded and arranged to reflect away from adjoining properties and streets. Lights standards -shall be a maximum of qty -{-20) thirty (30) feet height The above the adjacent grade. EXCEPTION. When the subject property abuts residentially zoned property, lights standards within one hundred (100) feet of said property may not exceed fifteen (15) feet in height. (Amended by Ord. 1381 adopted 5 -7 -68; amended by Ord. 1921 adopted 5 -1- 90) view. 9265.6.2 6.3.1. BACKFLOW PREVENTION DEVICES. Backflow prevention devices, if located within a front yard or a street side yard of a- comer -ant, shall be screened as follows: 9 Exhibit B: TA 10 -02 — C -M Zone November 16, 2010 Page 9 A. On backflow devices with piping sizes of three (3) inches or larger, screening is required by either a masonry wall or planter box, as per the current standards on file in the Planning Division. B. Backflow devices with piping sizes of two and one -half (2 1/2) inches and smaller must be screened by either planting or a masonry wall, as per the current standards on file in the Planning Division. C. The required screening material shall be architecturally compatible with the on -site development, and subject to the review and approval of the Planning Division. The Fire Department connection, if applicable, shall not be screened and visible from the street. (Added by Ord. 2002 adopted 2 -1 -94) 9265.6.3 5.4. UTILITIES. All utilities on the site for direct service to the area thereon shall be installed underground except as otherwise approved by the Council by precise plan of design. The owner or developer is responsible for complying with the requirements of this Section and shall make the necessary arrangements as required by the serving utilities for the installation of such facilities. For the purpose of this Section, appurtenances and associated equipment such as but not limited to, surface mounted transformers, pedestal mounted terminal boxes and meter cabinets, and concealed ducts in an underground system may be terminated above ground. 9265.6.4 4.6, STORAGE. All permanent and temporary storage of wares, merchandise, equipment, storage containers and similar items shall be within a building. The use of temporary storage bins, sheds, shipping containers, semitrailers and trailers and /or temporary buildings is not permitted. In accordance with the Califomia Solid Waste Reuse and Recycling Access Act of 1991, an area shall be provided for the collection and loading of recyclables. Trash, garbage, refuse and recyclables may be temporarily stored outside a building provided such materials are stored in accordance with the provisions of this Title. (Amended by Ord. 1921 adopted 5 -1 -90; amended by Ord. 1995 adopted 9 -7 -3) 9265.6.5 6 STORAGE. OUTSIDE. TRASH, GARBAGE, AND REFUSE, AND RECYCABLES. Trash, garbage, ate- refuse, and recyclables that are to be temporarily stored outside a building shall be in covered containers that enable convenient collection and loading. The containers shall be kept in a paved area that is completely screened from view by an enclosure of which three (3) sides shall consist of six (6) foot high, fully grouted, decorative masonry walls, and fully enclosed with solid metal gates painted a color that is compatible with the enclosure walls. The interior dimensions of said enclosure shall provide for convenient access to the containers. The interior of the enclosure shall be equipped with minimum three (3) inch thick bumpers to prevent the containers from damaging the enclosure. The enclosures shall have full roofs to reduce stormwater pollution and to screen unsightly views. The designs of the roof and the materials used shall be compatible with the enclosure and the site's architecture, and adequate height clearance all be provided for access to any containers. The enclosures shall not be 10 Exhibit B: TA 10 -02 — C -M Zone November 16, 2010 Page 10 located in any - setback and not within 100 feet of any adjacent residentially zoned property. (Amended by Ord. 1921 adopted 5 -1 -90; amended by Ord. 1995 adopted 9 -7 -93) 9265.6.6 8. LOADING REQUIREMENTS. All loading spaces shall have adequate ingress and egress, and shall be designed and maintained so that the maneuvering, loading or unloading of vehicles does not interfere with vehicular and pedestrian traffic. Loading facilities shall not face and /or be within 50 feet of any adjacent residentially zoned property. (Added by Ord. 2192 adopted 6- 16 -04) 9265.6.7 9. LOADING HOURS. Loading and unloading of merchandise or materials within one hundred fifty (150) feet of residentially zoned property shall be limited to the hours of 7:00 a.m. to-9-7:00 p.m. Monday through Saturday. Loading and unloading activities within 150 feet or residentiallty zoned property is prohibited on Sundays and Holidays. 9265.6.8 DOWNTOWN OVERLAY ZONE 11 The Downtown Overlay Zone is the extension of the Downtown focus area north and west along Santa Anita Avenue, Huntington Drive and Colorado Place. These areas are designated Commercial with a Floor Area Ratio (FAR) overlay of 1.0 for non - residential uses and a maximum building height of forty -five feet (45') or four (4) stories to allow a modest increase in development intensity. The .boundaries of the Downtown Overlay Zone are delineated and legally depicted on the City's Official Zoning Map. Exhibit B: TA 10 -02 — C -M Zone November 16, 2010 Page 11 CENTRAL BUSINESS DISTRICT (CBD) ZONE. CHAPTER 2. ZONING REGULATIONS. PART 6. COMMERCIAL INDUSTRIAL ZONES. DIVISION 4. CBD CENTRAL BUSINESS DISTRICT ZONE. TITLE 1. PURPOSE. 9264.2.3. BUSINESS AND PROFESSIONAL OFFICES. Establishments where the administrative, clerical and managerial functions of a business or industry are conducted or where members of a profession conduct their practice (i.e., accounting, medical or engineering). . . (Amended by Ord. 2085 adopted 5 -5 -98; amended by Ord. 2112 adopted 8 -3 -99) 9264.2.5. CONSUMER SERVICES. Establishments primarily engaged in rendering services shall be allowed in the CBD zone 1. Barber, beauty, tanning and nail shops; 2. Dry cleaning shop; 3. Equipment rental and leasing; 4. Electronic repair shop; 5. Furniture rental stores; 6. Hardware rental stores; 7. Interior design store /showroom that does not have on -site retail; 8. Locksmith shops; 9. Music rental and lesson stores; 10. Mailing services, including post office box rentals and courier shipping; 11. Photography studios; 12. Shoe repair; Exhibit B: TA 10 -02 —CBD Zone November 16, 2010 Page 1 13. Tailor, dressmaking shops; 14. Video rental/sales; 15. Any other use deemed by the Planning Commission to be considered "consumer services." 9264.2.6. RETAIL USES. Retail stores or businesses under ten thousand (10,000) square feet of gross floor area not involving any kind of manufacture, processing or treatment of products other than that which is clearly incidental to the retail business conducted on the premises and provided that: (2) (1) the incidental manufacture, processing or treatment of products shall not exceed one -third (1/3) of the ground floor area of the building; and (3 2) windows facing the public street shall have merchandise visible to passing pedestrians. 1. Antique stores: seventy -five percent (75 %) of merchandise must be over one hundred (100) years old; 2. Appliance stores; 3. Art galleries; 4. Bakeries, ice cream stores or confectionery stores employing less than five (5) persons; 5. Bicycle shops; 6. Book or stationery stores; 7. Camera shop; 8. Clothing or wearing apparel shops (new merchandise only); 9. Consignment clothing stores; 10. Copy centers (not including commercial off -set printers); 11. Delicatessen shops; 12. Department stores; 13. Drug stores; 14. Floor covering /drapery stores; Exhibit B: TA 10 -02 —CBD Zone November 16, 2010 Page 2 15. Florist shops; 16. Furniture sales; 17. Hardware sales; 18. Interior decorating stores; 19. Jewelry stores; 20. Kitchen and bath cabinets /fixtures; 21. Lighting fixture stores; 22. Music stores, instrument sales; 23. Paint and wallpaper stores; 24. Pet shops; 25. Photography stores; 26. Picture frame stores; 27. Radio and television stores and incidental repair services; 28. Records, audio and videotape and other products, including sales, rentals and incidental repair; 29. Saddlery shops; 30. Sporting goods stores; 31. Tobacconist/cigar shops; 32. Toy shops; 33. Trophy shops; 34. Typewriter and computer product sales, rentals and incidental services. (Amended by Ord. 2085 adopted 5 -5 -98; amended by Ord. 2112 adopted 8 -3 -99) Exhibit B: TA 10 -02 —CBD Zone November 16, 2010 Page 3 9264.3.1. BUILDING HEIGHT. No building hereafter erected, constructed or established shall exceed wee- (3}- stenies, a maximum building height of forty -five (45') feet or four (4) stories, not including mechanical equipment and screening devices. An additional height bonus may be considered by the City of up to six (6) stories with a maximum of sixty -five (65) feet through the approval of a conditional use permit for the provision of one or more of the following: 1. Additional shared parking facilities; 2. Residential units above the ground floor; 3. Day care and nursery facilities; 4. Enhanced pedestrian areas, plazas, landscaping, public art, and water features; 5. Outdoor cafes /restaurants; and /or 6. Traffic demand management facilities (i.e., carpool /vanpool parking, transit facilities, enhanced linkages to off-site transit facilities), 9264.3.16 DOWNTOWN OVERLAY ZONE The Downtown Overlay Zone is the extension of the Downtown focus area north and west of Santa Anita Avenue, Huntington Drive, and the northeast side of Colorado Place. These areas are designated Commercial with a Floor Area Ratio (FAR) overlay of 1.0 for non - residential uses and a maximum building height of forty -five (45') feet or four (4) stories to allow a modest increase in development intensity. The boundaries of the Downtown Overlay Zone are delineated and legally depicted on the City's Official Zoning Map. Exhibit B: TA 10 -02 —CBD Zone November 16, 2010 Page 4 General Commercial Zone (C -2) Chapter 2, Part 6, Division 3 9263.6.11. DOWNTOWN OVERLAY ZONE The Downtown Overlay Zone is the extension of the Downtown focus area north and west along Santa Anita Avenue, Huntington Drive and Colorado Place. These areas are designated Commercial with a Floor Area Ratio (FAR) overlay of 1.0 for non - residential uses and a maximum building height of forty -five feet (45') or four (4) stories to allow a modest increase in development intensity. The boundaries of the Downtown Overlay Zone are delineated and legally depicted on the City's Official Zoning Map. Exhibit B: TA 10 -02 —C -2 Zone November 16, 2010 Page 1 Use Parking Spaces Required Architects /Engineers 4 spaces per 1,000 sq. ft. of gross floor area Day Care and /or preschool facilities 1 space per staff + 1 per 5 children or 1 per 10 children if adequate drop off area provided Downtown Mixed Use - Mixed -Use Residential - Combined Uses 1.5 spaces per unit and 1 guest space for every 2 units. Commercial uses are based upon this table. A 25% reduction will be applied to the project for all commercial uses due to the proximity to the Tight rail station. Emergency Shelters 2 spaces per 1,000 square feet of gross floor area. Fast Food without drive through 15 spaces per 1,000 sq. ft. of gross floor area Fast Food with drive through 10 spaces per 1,001 sq. ft. of gross floor area Financial Institutions including but not limited to banks, savings and loans, credit unions 4 spaces per 1,000 sq. ft. of gross floor area Health Clubs, Fitness Centers, Indoor Athletic Facilities and Exercise, Dance /Gymnasium Studios up to 3,000 sq. ft. of gross floor area: Greater than 3,000 square feet of gross floor area: 1 space per 100 sq. ft. of gross floor area in all workout areas Required parking spaces to be determined through an approved Conditional Use Permit. Hotels /Motels 1 space per room plus the number of spaces required for ancillary uses such as restaurants, large meeting rooms, etc. Industrial, Manufacturing 3 spaces per 1,000 sq. ft. of gross floor area for 9269.5. OFF - STREET PARKING REQUIREMENTS The attached text amendments show the existing text to remain in normal type, and the new language appears in "red" with strikeouts on the omitted language. No Tess than the following number of off - street parking spaces shall be provided and maintained for each of the following uses, except for those temporary reductions permitted by the Business License office for parking lot sales and for promotional entertainment events. When the number of required parking spaces results in a fraction of one -half or higher, the requirements shall be rounded up to the next whole number. Exhibit B: TA 10 -02 — Off - Street Parking November 16, 2010 Page 1 Exhibit B: TA 10 -02 — Off- Street Parking November 16, 2010 Page 2 projects less than 10,001 sq. ft. In area. 2 spaces per 1,000 sq. ft. of gross floor area for projects 10,001 sq. ft. in area or greater. Martial Arts Studios 1 space per 100 sq. ft. of instructional floor area Mixed Use - Mixed -Use Residential - Combined Uses 1.5 spaces per unit and 1 guest space for every 2 units. Commercial uses are based upon this table. A 25% reduction will be applied to the project for all commercial uses if the parking area is located within 1,320 feet (1/4 mile) of a light rail station. Offices, General 4 spaces per 1,000 sq. ft. of gross floor area Offices, Medical /Dental 6 spaces per 1,000 sq. ft. of gross floor area Optometrists and Opticians 5 spaces per 1,000 sq. ft. of gross floor area Public /Private Assembly buildings, churches, recreation community buildings, private clubs 1 space per 5 permanent fixed seats; 1 space per 35 sq. ft. of area w/ non -fixed seating; 1 space per 28 linear feet of bench area Psychologists, Psychiatrist and Counseling offices 4 spaces per 1,000 sq. ft. of gross floor area Residential (Multiple- Family) R -2 and R- 3 /R -3 -R 2 spaces per unit and 1 guest space per every 2 units. Restaurants /Bars 10 spaces per 1,000 sq. ft. of gross floor area for restaurants /bars containing Tess than 5,001 sq. ft. of floor area 15 spaces per 1,000 sq. ft. of gross floor area for restaurants /bars containing 5,001 sq. ft. of floor area or greater Restaurants with bars and /or cocktail lounges occupying more than 30% of the total dining /bar area 20 spaces per 1,000 sq. ft. of gross floor area Regional Shopping Centers 4.75 per 1,000 sq. ft. of gross leasable area Senior Citizen affordable apartment housing 1 space per unit Senior Citizen assisted living facility 1.5 spaces per unit Senior Citizen Market rate housing units 2 spaces per unit Movie theater, performing arts center 1 space per 3 fixed seats Tutorial schools; learning centers; Trade Facilities for children under high school age: 1 Exhibit B: TA 10 -02 — Off- Street Parking November 16, 2010 Page 2 schools, Private schools space per employee plus 1 space for every 5 students. Trade Schools /Private schools, Learning centers for students of high school age or older: 1 space per employee plus 1 space for every 3 students. Warehouses 2 spaces per 1,000 sq. ft. of gross floor area Other Permitted Uses, including but not limited to retail, service uses, nail and beauty salons, spas, adult entertainment 5 spaces per 1,000 sq. ft. of gross floor area A 25% reduction will be applied to the off - street parking requirement to any commercial use that is located within 1,320 feet (1/4 mile) of a light rail station. Land uses not specifically listed in the above chart shall provide parking as noted in "Other Permitted Uses" unless otherwise set forth in other sections of the Arcadia Municipal Code. Exhibit B: TA 10 -02 — Off - Street Parking November 16, 2010 Page 3 DIVISION 2, TITLE 2. ADMINISTRATIVE MODIFICATIONS The attached text amendments show the existing text to remain in normal type, and the new language appears in "red" with strikeouts on the omitted language. Section 9292.2.2 CREATION There is hereby created a procedure whereby certain modifications to lots containing one single - family dwelling and accessory buildings in Zones R -M, R -O, R -1 and R -2 and certain modifications to dwelling units in all residential zones to accommodate the needs of persons with disabilities may be granted upon the joint approval of the Planning Services: Section 9292.2.3 AUTHORITY Administrative Modification as may be necessary to secure an appropriate improvement may be granted upon the approval of the Planning Division. The Planning Division shall have the authority to approve, conditionally approve or deny modifications of the following: 1. Rear yard setbacks; 2. Distance between buildings; 3. Special setbacks; 4. Setbacks for mechanical and plumbing equipment; 5. Fence and wall heights along the side and rear property lines except along the street side of a corner lot; 6. Interior side yard setbacks for detached accessory structures (with the exception of guest houses /accessory living quarters) in the R -M, R -0, and R -1 zones; 7. Interior side yard setbacks for single -story additions to an existing dwelling in the R- M, R -0, and R -1 zones, where the portion of said addition(s) which does not comply with the setback requirements consists of a total of thirty (30) linear feet or less and maintain(s) the same or greater setback than the existing building walls; and provided, that a minimum interior side yard setback of three (3) feet in the R -1 and five (5) feet in the R -M and R -0 zones is maintained; 8. The rebuilding of single - family . dwellings, provided that the new portion(s) of the project comply with current code requirements. (Amended by Ord. 1523 adopted 11- 19-74; amended by Ord. 1565 adopted 7 -6 -76; amended by Ord. 1577 adopted 12- 21 -76; amended by Ord. 1853 adopted 4- 21 -87; amended by Ord. 1927 adopted 9- 4 -90; amended by Ord. 2223 adopted 2- 20 -07; amended by Ord. 2246 adopted 10- 7 -08). 9. Setbacks, driveway and access standards, entry requirements, or any other residential development standard if found to be a reasonable accommodation for a person with a disability. Exhibit B: TA 10 -02 — Administrative Modifications November 16, 2010 Page 1 Modification 9292.1.4 AUTHORITY In order to secure an appropriate improvement, prevent unreasonable hardship or to promote uniformity of development, the Modification Committee shall have the authority to approve, conditionally approve or deny modifications of the following: 1. Driveway and parking stall size requirements. 2. Apartment unit size. 3. Building length 4. Distance between buildings 5. Usable open space regulations 6. Fence, wall and hedge regulations 7. Fence regulations 8. Utility and storage space requirements 9. Swimming pool regulations 10. Height and noncommercial structures 11. Number of required parking spaces. 12. When the maximum number of units permitted in the R -2 and R -3 zones has a fractional remainder greater than one -half, the Modification Committee may allow the maximum number of units to be rounded off to the next highest whole number. 13. Front, side or rear yard setbacks, provided that a setback from a street shall be modified only with a written declaration of the Director of Public Works that the modification, if granted, will not adversely affect any foreseeable need for widening the street. 14. Side yard setbacks in the multiple family, commercial and industrial zones provided that a setback from a street shall be modified only with a written declaration from the Director of Public Works that the modification, if granted, will not adversely affect any foreseeable need for widening the street. 15. Interior side yard setbacks in the R -M, R -O and R -1 zones for single -story additions to an existing dwelling or accessory building where said addition(s) totals more than thirty (30) linear feet. 16. Street side yard setbacks for first floor additions to existing dwellings or for accessory buildings. 17. Alterations and /or expansion of nonconforming uses and structures. 18. Tennis and paddle tennis courts — Construction and operations standards. 19. Window openings, balconies, decks and open stairways under Sections 9261.2.5, 9262.2.5, 9263.2.6 and 9265.2.4 of the Arcadia Municipal Code. 20. Accessory Dwelling Units - Unit size. ' Exhibit B: TA 10 -02 – Modification November 16, 2010 Page 1 21. Conversions of existing attic areas within main dwellings in the R -M, R -O and R- 1 zones, provided that such requests do not involve any exterior alterations within the required setback area. Exhibit B: TA 10 -02 — Modification November 16, 2010 Page 2 S -2 (Public Purpose) Zone Chapter 2, Part 7, Division 4. 9274.1.10 - SAME. Schools and school facilities. Exhibit B: TA 10 -02 —S -2 Zone November 16, 2010 Page 1 Division 8 — OS OPEN SPACE OVERLAY ZONE 9278.1 PURPOSE The purpose of the Open Space Overlay Zone is to provide for the preservation, conservation and utilization of open space lands and natural resources so as to maintain and enhance the quality of the environment. Exhibit B: TA 10 -02 — OS Zone November 16, 2010 Page 1 Ek6;t C Zoning Map Exhibit C: Zoning Map November 16, 2010 g H_H 11111 61111 111 r G g K 1 11 H � IF z s 5 5 95 3 sir `Z s \ �a Exkiba D Correspondence Exhibit D: Correspondence November 16, 2010 Citp of Eren arin�o Planning & Building Department July 22, 2010 Lisa L. Flores, Senior Planner Development Services Department 240 W. Huntington Drive P.O. Box 60021 Arcadia, CA 91066 SUBJECT: RESPONSE TO THE CITY OF ARCADIA DRAFT GENERAL PLAN AND DRAFT PROGRAM ENVIRONMENTAL IMPACT REPORT FOR THE ARCADIA GENERAL PLAN UPDATE Dear Ms. Flores: Thank you for the opportunity to review and comment on the Draft General Plan and Draft Program Environmental Impact Report for the Arcadia General Plan Update. The City of San Marino feels that the proposed increase in residential density and anticipated commercial growth have the potential to increase traffic flow on Huntington Drive and Duarte Road. Specifically, the City is concerned about the intersections of San Gabriel Boulevard and Huntington Drive; San Marino Avenue and Huntington Drive; and Duarte Road and San Gabriel Boulevard. If future traffic studies reveal that traffic is anticipated to increase at these intersections, both vehicular and pedestrian safety improvements should be implemented in order to mitigate such impacts. Please feel free to contact me should you have any questions or need additional information. DA Director, Planning and Building Department cc: Dennis Kneier, Mayor Dr. Allan Yung, MD, Vice Mayor Eugene Sun, Council Member Dr. Richard Sun, DDS, Council Member Richard Ward, Council Member Matt Ballantyne, City Manager JUL 2 7 7011 2200 Huntington Drive, San Marino, CA 91108 -2639 • Phone: (626)300 -0711 Fax: (626)300 -0716 County Parks and Facilities Size (in acres) Los Angeles County Arboretum & Botanical• Garden 110.1 127 Arcadia Community Regional Park 181.70 52 Peck Road Water Conservation Park 110.07 120 Santa Anita Golf Course -1-24:k68 147 Total County Parks and Facilities 550.75 439 July 28, 2010 Ms. Lisa Flores Senior Planner City of Arcadia 240 W. Huntington Drive P.O. Box 60021 Arcadia, CA 91066 -2021 Dear Ms. Flores: COUNTY OF LOS ANGELES DEPARTMENT OF PARKS AND RECREATION "Creating Community Through People, Parks and Programs" Russ Guiney, Director CITY OF ARCADIA DRAFT GENERAL PLAN Sent via email: Iflores(ci.arcadia.ca.us The Draft General Plan for the City of Arcadia has been reviewed for potential impact on the facilities of this Department for which we offer the following comments: Page 7 -2, Preservation of Special Assets: Please correct the County Arboretum and Park to Los Angeles County Arboretum & Botanic Garden. This should be consistent throughout the document. Page 7-4: In the second paragraph, please update the third sentence to "The County of Los Angeles owns and operates four large recreation facilities within Arcadia." Page 7 -5, under County Operated/ Owned Parks and Facilities: • Please correct Arcadia Park to Arcadia Community Regional Park. This should be consistent throughout the document. • Please correct the Arboretum and Botanic Garden to the Los Angeles County Arboretum & Botanic Garden. This should be consistent throughout the document. Page 7 -6, Table PR -1: Parks and Recreational Facilities by Type: Please update the table as follows: JUL x U 1010 Planning and Development Agency • 510 South Vermont Ave • Los Angeles, CA 90020 • (213) 351 -5198 Excluded Inventory Size (in acres) Joint -Use Facilities 28.35 Arcadia Wilderness Park 45.4 Los Angeles County Arboretum & Botanical Garden 119.4 127 Santa Anita Golf Course 120.68 147 Arcadia Community Regional Park 181.70 52 Peck Road Water Conservation Park 110.07 120 Par -3 Golf Course 25.46 Total Excluded Inventory 649.96 545.21 Ms. Lisa Flores, Senior Planner July 28, 2010 Page 2 Page 7 -12, Table PR -2 Area Deducted from Arcadia Parkland Inventory: Please update the table as follows: Page 7 -18, Peck Road Water Conservation Park: Please update the first sentence of the paragraph. It should read, "Located at the southeast corner of the City along the Rio Hondo River, Peck Road Water Conservation Park, wed owned and operated by Los Angeles County..." Page 7 -20: Policy PR -1.11: We will be glad to coordinate with the City of Arcadia to preserve the County regional trails that may be outside the City's jurisdiction. Please contact Mr. Frank Moreno, Section Head, Trails & Planning Research at (213) 351 -5136 or fmoreno aC�.Darks.lacounty.gov for any trail related inquiries. Page 7 -20: Policy PR -2.1: We will be glad to coordinate with the City of Arcadia to ensure the preservation and maintenance of the Peck Road Water Conservation Park as a multi -use facility, including recreation uses. Please contact Mr. Chris Graham, Superintendent, Peck Road Water Conservation Park at (626) 812 -6377 or coraham@parks.lacountv.gov for any Peck Park related inquiries. Thank you for including this Department in the review of this process. If we may be of further assistance, please contact Ms. Julie Yom at (213) 351 -5127 or i vo m Ca. p a rks. l a co u n ty. gov. Sincerely, Joan Rupert Section Head Environmental & Regulatory Permitting Section JR:JY:tls /response to City of Arcadia Draft General Plan c: Parks and Recreation (N. E. Garcia, L. Hensley, F. Moreno, C. Graham, J. Yom) NATIVE AMERICAN HERITAGE COMMISSION 916 CAPITOL MALL, ROOM 364 SACRAMENTO, CA 95814 (916) 653-6251 Fax (916) 867 -6390 Web Slte www.nahc.ca.gov e -mail: de_nahcmpacbell.net Ms. Lisa Flores, Senior Planner CITY OF ARCADIA 240 West Huntington Drive Arcadia, CA 91007 Dear Ms. Flores: July 26, 2010 JUL 2 v. 2U I Re: SCH#2009081034; CEQA Notice of Completion; draft Environmental Impact Report (DEIR) for the "Arcadia General Plan Updeate;" located in the Citv of Arcadia: Los Angeles County. California. The Native American Heritage Commission (NAHC) is the state 'trustee agency' pursuant to Public Resources Code §21070 for the protection and preservation of Califomia's Native American Cultural Resources.. (Also see Environmental Protection Information Center v. Johnson (1985) 170 Cal App. 3" 604). The Califomia Environmental Quality Act (CEQA - CA Public Resources Code §21000 - 21177, amended in 2009) requires that any project that causes a substantial adverse change in the significance of an historical resource, that includes archaeological resources, is a 'significant effect' requiring the preparation of an Environmental Impact Report (EIR) per the California Code of Regulations §15064.5(b)(c )(f) CEQA guidelines). Section 15382 of the CEQA Guidelines defines a significant impact on the environment as "a substantial, or potentially substantial, adverse change in any of physical conditions within an area affected by the proposed project, including ... objects of historic or aesthetic significance." In order to comply with this provision, the lead agency is required to assess whether the project will have an adverse impact on these resources within the 'area of potential effect (APE), and if so, to mitigate that effect. To adequately assess the project - related impacts on historical resources, the Commission recommends the following. The Native American Heritage Commission did perform a Sacred Lands File (SLF) search in the NAHC SLF Inventory, established by the Legislature pursuant to Public Resources Code §5097.94(a) and Native American Cultural resources were not identified within the APE identified for the project. However, there are Native American cultural resources in closes proximity to the APE. Early consultation with Native American tribes in your area is the best way to avoid unanticipated discoveries once a project is underway. Enclosed are the names of the nearest tribes and interested Native American individuals that the NAHC recommends as 'consulting parties,' for this purpose, that may have knowledge of the religious and cultural significance of the historic properties in the project area (e.g. APE). We recommend that you contact persons on the attached list of Native American contacts. A Native American Tribe or Tribal Elder may be the only source of information about a cultural resource.. Also, the NAHC recommends that a Native American Monitor or Native American culturally knowledgeable person be employed whenever a professional archaeologist is employed during the 'Initial Study' and in other phases of the environmental planning processes.. Furthermore we suggest that you contact the California Historic Resources Information System (CHRIS) at the Office of Historic Preservation (OHP) Coordinator's office (at (916) 653 -7278, for referral to the nearest OHP Information Center of which there are 11. Consultation with tribes and interested Native American tribes and interested Native American individuals, as consulting parties, on the NAHC list ,should be conducted in compliance with the requirements of federal NEPA (42 U.S.C. 4321 - 43351) and Section 106 and 4(f) of federal NHPA (16 U.S.C. 470 [f)]et se), 36 CFR Part 800.3, the President's Council on Environmental Quality (CSQ; 42 U.S.C. 4371 et seq.) and NAGPRA (25 U.S.C. 3001 - 3013), as appropriate. The 1992 Secretary of the Interior's Standards for the Treatment of Historic Properties were revised so that they could be applied to all historic resource types included in the National Register of Historic Places and including cultural landscapes. Lead agencies should consider avoidance, as defined in Section 15370 of the California Environmental Quality Act (CEQA) when significant cultural resources could be affected by a project. Also, Public Resources Code Section 5097.98 and Health & Safety Code Section 7050.5 provide for provisions for accidentally discovered archeological resources during construction and mandate the processes to be followed in the event of an accidental discovery of any human remains in a project location other than a 'dedicated cemetery. Discussion of these should be included in your environmental documents, as appropriate. The authority for the SLF record search of the NAHC Sacred Lands Inventory, established by the Califomia Legislature, is California Public Resources Code §5097.94(a) and is exempt from the CA Public Records Act (c.f. Califomia Govemment Code §6254.10). The results of the SLF search are confidential. However, Native Americans on the attached contact list are not prohibited from and may wish to reveal the nature of identified cultural resources /historic properties. Confidentiality of "historic properties of religious and cultural significance' may also be protected the under Section 304 of the NHPA or at the Secretary of the Interior' discretion if not eligible for listing on the National Register of Historic Places. The Secretary may also be advised by the federal Indian Religious Freedom Act (cf. 42 U.S.C, 1996) in issuing a decision on whether or not to disclose items of religious and /or cultural significance identified in or near the APE and possibly threatened by proposed project activity. CEQA Guidelines, Section 15064.5(d) requires the lead agency to work with the Native Americans identified by this Commission if the initial Study identifies the presence or likely presence of Native American human remains within the APE. CEQA Guidelines provide for agreements with Native American, identified by the NAHC, to assure the appropriate and dignified treatment of Native American human remains and any associated grave liens. Although tribal consultation under the Califomia Environmental Quality Act (CEQA; CA Public Resources Code Section 21000 — 21177) is 'advisory' rather than mandated, the NAHC does request 'lead agencies' to work with tribes and interested Native American individuals as 'consulting parties,' on the list provided by the NAHC in order that cultural resources will be protected. However, the 2006 SB 1059 the state enabling legislation to the Federal Energy Policy Act of 2005, does mandate tribal consultation for the 'electric transmission corridors. This is codified in the Califomia Public Resources Code, Chapter 4.3, and §25330 to Division 15, requires consultation with California Native American tribes, and identifies both federally recognized and non - federally recognized on a list maintained by the NAHC Health and Safety Code §7050.5, Public Resources Code §5097.98 and Sec. §15064.5 (d) of the California Code of Regulations (CEQA Guidelines) mandate procedures to be followed, including that construction or excavation be stopped in the event of an accidental discovery of 2 any human remains in a location other than a dedicated cemetery until the county coroner or medical examiner can determine whether the remains are those of a Native American. . Note that §7052 of the Health & Safety Code states that disturbance of Native American cemeteries is a felony. Again, Lead agencies should consider avoidance, as defined in 415370 of the Califomia Code of Regulations (CEQA Guidelines), when significant cultural resources are disgovered during the course of project planning and implementation. Consultation with the tribal governments, shown on the attached list will comply also with Califomia Government Code Section 65352.3 (SB 18). Please feel free to contact me at (916) 653 -6251 if you have any questions. Sincerely, 4 7--- ave Sin kt : n Program Analyst Attachment: List of Native American Contacts Cc: State Clearinghouse 3 Native American Contacts Los Angeles County July 26 2010 LA City /County Native American Indian Comm Ron Andrade, Director 3175 West 6th Street, Rm. Los Angeles , CA 90020 randrade@css.lacounty.gov (213) 351 -5324 (213) 386 -3995 FAX Ti'At Society Cindi Alvitre 6515 E. Seaside Walk, #C Gabrielino Long Beach , CA 90803 calvitre @yahoo.com (714) 504 -2468 Cell Tongva Ancestral Territorial Tribal Nation John Tommy Rosas, Tribal Admin. Gabrielino Tongva tattnlaw @gmail.com 310- 570 -6567 abbrielenQ/Tongv San Gabriel Band of Mission nthony Morales, Chairperson PO Box 693 Gabrielino Tongva San Gabriel , CA 91778 (626) 286 -1262 -FAX (626) 286 -1632 (626) 286 -1758 - Home (626) 286 -1262 Fax Gabrielino Tongva Nation Sam Dunlap, Chairperson P.O. Box 86908 Los Angeles , CA 90086 samdunlap@earthlink.net (909) 262 -9351 - cell This list Is current only as of the date of this document. Distribution of this list does not relieve any person of statutory responsibility as defined in Section 7050.5 of the Health and Safety Code, Section 5097.94 of the Public Resounxs Code and Section 5097.98 of the Public Resources Code. Also, federal National Environmental Policy Act (NEPA), National Historic Preservation Act, Section 106 and fed oral NAGPRA. And 36 CFR Part 800.3. This list is only applicable for contacting local Native Americans with regard to cultural resources for the proposed SCH#2009081034; CEQA NOtice of Completion; draft Environmental Impact Report (DIER) for the City of Arcadia 2010 General Plan Updte; Los Angeles County, Califonrla. Gabrielino Tongva Gabrielino Tongva Indians of California Tribal Council Robert F. Doramae, Tribal Chair /Cultural P.O. Box 490 Gabrielino Tongva Bellflower , CA 90707 gtongva @verizon.net 562 - 761 -6417 - voice 562 - 925 -7989 - fax Gabrielino - Tongva Tribe Bernie Acuna 1875 Century Pk East #1500 Gabrielino Los Angeles , CA 90067 (310) 587 -2203 (310) 428 -7720 - cell (310) 587 -2281 Shoshoneon Gabrieleno Band of Mission Indians Andy Salas, Chairperson PO Box 393 Gabrieleno Covina , CA 91723 gabrielenoindians @yahoo. 626 - 926 -4131 (213) 688 -0181 - FAX Gabrielino- Ton9va Tribe Ida Candelaria, Chairwoman 75 Century Park East, Suite 1500 Los Angeles , CA 90067 Gabrielino (310) 587 -2203 310 - 428 -5767- cell (310) 587 -2281 Icandelarial QgabrielinoTribe.org Native American Contacts Los Angeles County July 26 2010 This list Is current only as of the date of this document. Distribution of this list does not relieve any person of statutory responsibility as defined In Section 7050.5 of the Health and Safety Code, Section 5097.94 of the Public Resources Code and Section 5097.98 of the Public Resources Code. Also, fderal National Environmental Policy Act (NEPA), National Historic Preservation Act, Section 106 and fed NAGPRA. And 36 CFR Part 800.3. This Ilst Is only applicable for contacting local Native Americans with regard to cultural resources for the proposed SCH/2009081034; CEQA NOtice of Completion; draft Environmental Impact Report (DIER) for the City of Arcadia 2010 General Plan Updte; Los Angeles County, California. 1955 Workman Mill Road, Whittier, CA 90601 -1400 Mailing Address: P.O. Box 4998, Whittier, CA 90607 -4998 Telephone: (562) 699 -7411, FAX: (562) 699 -5422 www.lacsd.org Ms. Lisa Flores, Senior Planner Development Services Department City of Arcadia 240 W. Huntington Drive P.O. Box 60021 Arcadia, CA 91066 -6021 Dear Ms. Flores: COUNTY SANITATION DISTRICTS OF LOS ANGELES COUNTY August 17, 2010 File No: 15- 00.04 -00 22- 00.04 -00 STEPHEN R. MAGUIN Chief Engineer and General Manager Au g 1 7.tM Arcadia General Plan Update The County Sanitation Districts of Los Angeles County (Districts) received a Draft Environmental Impact Report for the subject project on July 15, 2010. The proposed development is located within the jurisdictional boundaries of Districts Nos. 15 and 22. We offer the following comments regarding sewerage service: 1. Previous comments submitted by the Districts in correspondence dated December 16, 2009 (copy enclosed), to Ms. Josephine Alido of BonTerrra Consulting, still apply to the subject project with the following updated information. 2. The San Jose Creek Water Reclamation Plant (WRP) currently processes an average flow of 75.6 mgd, the Los Coyotes Water Reclamation Plant currently processes an average flow of 25.3 mgd, and the Whittier Narrows WRP currently processes an average flow of 4.7 mgd. 3. All information concerning Districts' facilities and sewerage service contained in the document is current. If you have any questions, please contact the undersigned at (562) 908 -4288, extension 2717. Very truly yours, Stephen R. Maguin AR:ar Enclosure Doc #: 1656820.1 Recycled Paper 44 Adriana Raza Customer Service Specialist Facilities Planning Department 955 Workman Mill Road, Whittier, CA 90601 -1400 Mailing Address: P.O. Box 4998, Whittier, CA 90607 -4998 Telephone: (562) 699 -7411, FAX: (562) 699 -5422 www.lacsd.org Ms. Josephine Alido BonTerra Consulting 3452 East Foothill Boulevard, Suite 420 Pasadena, CA 91107 Dear Ms. Alido: COUNTY SANITATION DISTRICTS OF LOS ANGELES COUNTY December 16, 2009 File No: 15- 00.04 -00 22- 00.04 -00 Arcadia General Plan Update STEPHEN R. MAGUIN Chief Engineer and General Manager The County Sanitation Districts of Los Angeles County (Districts) received a Notice of Preparation of a Draft Environmental Impact Report for the subject project on December 11, 2009. The City of Arcadia (City) is located within the jurisdictional boundaries of Districts Nos. 15 and 22. We offer the following comments regarding sewerage service: 1. The Districts own, operate, and maintain only the large trunk sewers that form the backbone of the regional wastewater conveyance system. Local collector and/or lateral sewer lines are the responsibility of the jurisdiction in which they are located. As such, the Districts cannot comment on any deficiencies in the sewerage system in the City except to state that presently no deficiencies exist in Districts' facilities that serve the City. In general, as additional flows are generated and the Districts' trunk sewers begin to reach capacity, construction of relief trunk sewers is scheduled, depending on the availability of relief project funding. 2. The Districts should review development and redevelopment projects within the City in order to determine whether or not sufficient trunk sewer capacity exists to serve each project and if Districts' facilities will be affected by the project. Please forward information on projects within the City to the undersigned. 3. The wastewater generated within the City is treated at the San Jose Creek Water Reclamation Plant (WRP) located adjacent to the City of Industry, which has a design capacity of 100 mgd and currently processes an average flow of 77.1 mgd, or the Los Coyotes WRP located in the City of Cerritos, which has a design capacity of 37.5 mgd and currently processes an average flow of 27 mgd, or the Whittier Narrows WRP located near the City of South El Monte, which has a design capacity of 15 mgd and currently processes an average flow of 5.4 mgd. 4. In order to estimate the volume of wastewater that development and redevelopment projects within the City will generate, go to www.lacsd.org, Information Center, Will Serve Program, Obtain Will Serve Letter, and click on the appropriate link on page 2 for a copy of the Districts' average wastewater generation factors. Doc #: 1437276.1 Recycled Paper t /r Ms. Josephine Alido RIF:rf c: Ms. Lisa Flores, Senior Planner, City of Arcadia Doc #: 1437276.1 -2- December 16, 2009 5. The Districts are authorized by the California Health and Safety Code to charge a fee for the privilege of connecting (directly or indirectly) to the Districts' Sewerage System or increasing the strength or quantity of wastewater attributable to a particular parcel or operation already connected. This connection fee is a capital facilities fee that is imposed in an amount sufficient to construct an incremental expansion of the Sewerage System to accommodate a proposed project. Payment of a connection fee will be required before a permit to connect to the sewer is issued. For a copy of the Connection Fee Information Sheet, go to www.lacsd.org, Information Center, Will Serve Program, Obtain Will Serve Letter, and click on the appropriate link on page 2. For more specific information regarding the connection fee application procedure and fees, please contact the Connection Fee Counter at extension 2727. 6. In order for the Districts to conform to the requirements of the Federal Clean Air Act (CAA), the design capacities of the Districts' wastewater treatment facilities are based on the regional growth forecast adopted by the Southern California Association of Governments (SCAG). Specific policies included in the development of the SCAG regional growth forecast are incorporated into clean air plans, which are prepared by the South Coast and Antelope Valley Air Quality Management Districts in order to improve air quality in the South Coast and Mojave Desert Air Basins as mandated by the CAA. All expansions of Districts' facilities must be sized and service phased in a manner that will be consistent with the SCAG regional growth forecast for the counties of Los Angeles, Orange, San Bernardino, Riverside, Ventura, and Imperial. The available capacity of the Districts' treatment facilities will, therefore, be limited to levels associated with the approved growth identified by SCAG. As such, this letter does not constitute a guarantee of wastewater service, but is to advise you that the Districts intend to provide this service up to the levels that are legally permitted and to inform you of the currently existing capacity and any proposed expansion of the Districts' facilities. If you have any questions, please contact the undersigned at (562) 908 -4288, extension 2717. Very truly yours, Stephen R. Maguin Slpned L Freze Ruth I. Frazen Customer Service Specialist Facilities Planning Department ESTATE OF CALIFORNIA- THE NATURAL RESOURCES AGENCY ARNOLD SCHWARZENEGGER, Governor BOARD OF FORESTRY AND FIRE PROTECTION P.O. Box 944246 SACRAMENTO, CA 94244 -2460 (916) 663-8007 (916) 653-0989 FAX Webslte: http:l /www.bof.flre.ca.gov/ Ms. Lisa L. Flores Senior Planner, City of Arcadia Planning Division 240 W. Huntington Dr. Arcadia, CA 91066 -6021 Re: General Plan Fire Safety Element Recommendations for the City of Arcadia Dear Ms. Flores: The State Board of Forestry and Fire Protection (Board) is required to review and provide recommendations to the safety element of county and local government general plans when such plans are being updated. This review is in accordance with Government Code (GC) §65302.5 which requires the Board to review the fire safety element when the general plan update contains State Responsibility Areas or Very High Fire Hazard Severity Zones. Enclosed is a list of standard recommendations titled "General Plan Fire Safety Elements Standard Recommendations" which should be incorporated into the General Plan. Each entity should evaluate their general plan and include the appropriate recommendations from the list. Please note requirements for response pursuant to GC §65302.5(b). Thank you for the opportunity to participate in your planning process. We hope this input leads to greater protection and reduced cost and losses from wildfires in your jurisdiction. Sincerely, August 19, 2010 Stan Dixon Chair, State Board of Forestry and Fire Protection CONSERVATION IS WISE • KEEP CALIFORNIA GREEN AND GOLDEN PLEASE REMEMBER TO CONSERVE ENERGY. FOR TIPS AND INFORMATION, VISIT "FLEX YOUR POWER" AT WWW.CA.GOV AUG 1 0 201D General Plan Fire Safety Element Standard Recommendations January 26, 2010 State Board of Forestry and Fire Protection ��f N31 DLPARr ry G,ti‘ x & FIRE PROT" ?'og• CA L FIRE S CF-1 3 5 Contents Purpose and Background Methodology for Review and Recommendations Standard List of Recommendations The statutory requirements for the Board review and recommendations pursuant to GC 65302.5 (a)(1) and (2), and (b) are as follows: Purpose and Background: The State Board of Forestry and Fire Protection (BOF /Board) is required to review and make recommendations to the fire safety element of general plan updates in accordance with Government Code (GC) §65302.5. The review and recommendations apply to those general plans with State Responsibility Area (SRA) (Public Resources Code 4125) or Very High Fire Hazard Severity Zones (VHFHSZ) (GC 51175). • "The draft elements...to the fire safety element of a county's or a city's general plan...shall be submitted to the Board at least 90 days prior to... the adoption or amendment to the safety element of its general plan [for each county or city with SRA or VHFHSZ]." • "The Board shall... review the draft or an existing safety element and report its written recommendations to the planning agency within 60 days of its receipt of the draft or existing safety element...." • "Prior to adoption of the draft element..., the Board of Supervisors... shall consider the recommendations made by the Board... If the Board of Supervisors...determines not to accept all or some of the recommendations...," the Board of Supervisors... shall communicate in writing to the Board its reasons for not accepting the recommendations. Methodology for Review and Recommendations: The Board established a standardized method to review the safety element of general plans. The methodology includes 1) examining the general plan for inclusion of factors that are important for mitigation of fire hazard and risks, and 2) making recommendations related to these factors. The evaluation factors and recommendations were developed using CAL FIRE technical documents and input from local fire departments. Enclosed are the entire set of recommendations suggested by the Board's for any entity. Each entity should evaluate their general plan using the factors and include the appropriate recommendations from the list as part of the general plan. Page 2 of 9 BOF Fire Safety Element GP Review and Standard Recommendations January 26, 2010 1.0 1.1 Standard List of General Plan Safety Element Recommendations Wildfire Protection Planning General Plan References and Incorporates County or Unit Fire Plan: In ❑Partial ❑ No Recommendation: Identify, reference or create (if necessary) a fire plan for the geographic scope of the General Plan. General Plan (GP) should incorporate the general concepts and standards from any county fire plan, fire protection agency (federal or state) fire plan, and local hazard mitigation plan. Recommendation: Ensure fire plans incorporated by reference into the GP contain evaluations of fire hazards, assessment of assets at risk, prioritization of hazard mitigation actions, and implementation and monitoring components. 2.0 Land Use Planning: 2.1 Goals and policies include mitigation of fire hazard for future development. In ❑Partial ❑ No Recommendation: Establish goals and policies for specific ordinances addressing evacuation and emergency vehicle access; water supplies and fire flow; fuel modification for defensible space; and home addressing and signing. Recommendation: Develop fire safe development codes used as standards for fire protection for new development in State Responsibility Area (SRA) within the entity's jurisdiction that meet or exceed statewide standards in 14 California Code of Regulations Section 1270 et seq. Recommendation: Adopt, and have certified by the BOF, local fire safe ordinances which meet or exceed standards in 14 CCR § 1270 for State Responsibility Area. 2.2 Disclosure of wildland urban interface hazards including Fire Hazard Severity Zones designations and Communities at Risk designations: ❑ Yes ❑Partial ❑ No Recommendation: Specify whether the entity has a Very High Fire Hazard Severity Zones (VHFHSZ) designation pursuant GC 51175 and include a map of the zones that clearly indicates any area designated VHFHSZ. Recommendation: Adopt CAL FIRE recommended Fire Hazard Severity Zones including model ordinances developed by the Office of the State Fire Marshal for establishing VHFHSZ areas. Recommendation: Identify and disclose information on communities listed as "Communities at Risk ". Page 3 of 9 BOF Fire Safety Element GP Review and Standard Recommendations January 26, 2010 v isoy 3.0 Housing /structures and neighborhoods: 3.1 Incorporation of current fire safe building codes. Yes ❑Partial ❑ No Recommendation: Adopt building codes for new development in State Responsibility Areas or incorporated areas with VHFHSZ that are established by the Office of the State Fire Marshal in Title 19 and Title 24 CCR, referred to as the "Wildland Urban Interface Building Codes ". 3.2 Identification and actions for substandard fire safe housing and neighborhoods relative to fire hazard area. [] Yes ❑ Partial ❑ No Recommendation: Identify and map existing housing structures that do not conform to contemporary fire standards in terms of building materials, perimeter access, and vegetative hazards in VHFHSZ or SRA by fire hazard zone designation. Recommendation: Identify plans and actions to improve substandard housing structures and neighborhoods. Plans and actions should include structural rehabilitation, occupancy reduction, demolition, reconstruction, neighborhood —wide fuels hazard reduction projects, community education, and other community based solutions. Recommendation: Identify plans and actions for existing residential structures and neighborhoods, and particularly substandard residential structures and neighborhoods, to be improved to meet current fire safe ordinances pertaining to access, water flow, signing, and vegetation clearing. 3.3 Consideration of occupancy category effects on wildfire protection. ❑ Yes ❑Partial ❑ No Recommendation: Ensure risks to uniquely occupied structures, such as seasonally occupied homes, multiple dwelling structures, or other structures with unique occupancy characteristics, are considered for appropriate and unique wildfire protection needs. 3.4 Fire engineering features for structures in VHFHSZ. ❑ Yes ❑Partial ❑ No Recommendation: Ensure new development proposals contain specific fire protection plans, actions, and codes for fire engineering features for structures in VHFHSZ. Examples include codes requiring automatic sprinklers in VHFHSZ. Page 4 of 9 BOF Fire Safety Element GP Review and Standard Recommendations January 26, 2010 4.0 Conservation and Open Space: 4.1 Identification of critical natural resource values relative to fire hazard areas. ❑ Yes ❑ Partial ❑ No Recommendation: Identify critical natural resources and other "open space" values within the geographic scope of the GP. Determine maximum acceptable wildfire size, fire prevention plans, emergency response plans and initial attack suppression success rates for protection of these areas and values. 4.2 Inclusion of resource management activities to enhance protection of open space and natural resource values. ❑ Yes ❑ Partial ❑ No Recommendation: Develop plans and action for vegetation management that provides fire damage mitigation and protection of open space values. Plans should address protection of natural resource financial values, establishment of fire resilient natural resources, protection of watershed qualities, and protection of endangered species habitats. Actions should consider prescribed burning, fuel breaks, vegetation thinning and removal Recommendation: Establish goals and policies for reducing the wildland fire hazards within the entity's boundaries and on adjacent private wildlands, federal lands, vacant residential lots, and greenbelts with fire hazards that threaten the entity's jurisdiction. 4.3 Mitigation for unique pest, disease and other forest health issues leading to hazardous situations. ❑ Yes ❑ Partial ❑ No Recommendation: Establish goals and policies that address unique pest, disease, exotic species and other forest health issues in open space areas for purposes of reducing fire hazard and supporting ecological integrity. 4.4 Integration of open space into fire safety effectiveness. El ❑Partial ❑ No Recommendation: Establish goals and policies for incorporating systematic fire protection improvements for open space. Specifics policies should address facilitation of safe fire suppression tactics, standards for adequate access for firefighting, fire mitigation planning with agencies /private landowners managing open space adjacent to the GP area, water sources for fire suppression, and other fire prevention and suppression needs. 4.5 Urban forestry plans relative to fire protection: El Yes 0 Partial ❑ No Recommendation: Ensure residential areas have appropriate fire resistant landscapes and discontinuous vegetation adjacent to open space or wlldland areas. Recommendation: Evaluate and resolve existing laws and local ordinances which conflict with fire protection requirements. Examples include conflicts with vegetation hazard reduction ordinances and listed species habitat protection requirements. Page 5 of 9 BOF Fire Safety Element GP Review and Standard Recommendations January 26, 2010 5. Circulation and Access: 5.1 Adequacy of existing and future transportation system to incorporate fire infrastructure elements. ❑ Yes ❑ Partial ❑ No Recommendation: Establish goals and policies for proposed and existing transportation systems to facilitate fire infrastructure elements such as turnouts, helispots and safety zones. 5.2 Adequate access to high hazard wildland /open space areas. El Yes ❑Partiai ❑ No Recommendation: Establish goals and policies for high or very high fire hazard hazard zones adequate access that meets or exceeds standards in 14 CCR 1270 for lands with no structures, and maintain conditions of access in a suitable fashion for suppression access or public evacuation. 5.3 Standards for evacuation of residential areas in high hazard areas. ❑ Yes 0 Partial ❑ No Recommendation: Goals and policies should be established to delineate residential evacuation routes and evacuation plans in high or very high fire hazard residential areas. 6. Defensible Space 6.1 Geographic specific fire risk reduction mitigation measures using fuel modification. , ❑ Yes ❑ Partial ❑ No Recommendation: Include policies and recommendations that incorporate fire safe buffers and greenbelts as part of the development planning. Ensure that land uses designated near high or very fire hazard severity zones are compatible with wildland fire protection strategies /capabilities. 6.2 Fuel Modification around homes. ❑ Yes 0 Partial ❑ No Recommendation: Establish ordinances in SRA or VHFHSZ for vegetation fire hazard reduction around structures that meet or exceed the Board of Forestry and Fire Protection's Defensible Space Guidelines, (htto: / /www.bof. fire. ca. gov/ pdfs/ Cooyof4291finaiguideiines8 1i_06.od0 for SRA. 6.3 Fire suppression defense zones. ❑ Yes 0 Partial ❑ No Recommendation: Establish goals and policies that create wildfire defense zones for emergency services including fuel breaks, back fire areas, or other staging areas that support safe fire suppression activities. Recommendation: Establish goals and policies that identify structures (or other critical /valuable assets) that have adequate fuel modification or other fire safe features that provide adequate fire Page 6 of 9 BOF Fire Safety Element GP Review and Standard Recommendations January 26, 2010 fighter safety when tactics call for protection of a specific asset (i.e. which houses are safe to protect). 7.0 Emergency Services: 7.1 Map /description of existing emergency service facilities and areas lacking services: ❑ Yes ❑ Partial ❑ No Recommendation: Include descriptions of emergency services including available equipment, personnel, and maps of facilities. Recommendation: Initiate studies and analyses to identify appropriate staffing levels and equipment needs commensurate with the current and projected emergency response environment. 7.2 Assessment and projection of future emergency service needs: ❑ Yes 0 Partial ❑ No Recommendation: Ensure new development includes appropriate facilities, equipment, personnel and capacity to assist and support wildfire suppression emergency service needs. Future emergency service needs should be: • Established consistent with state or national standards. • develop based on criteria for determining suppression resource allocation that includes elements such as identified values and assets at risk, ignition density, vegetation type and condition, as well as local weather and topography. • Local Agency Formation municipal services reviews for evaluating level of service, response times, equipments condition levels and other relevant emergency service information. 7.3 Adequacy of training. ❑ Yes ❑ Partial ❑ No Recommendation: Establish goals and policies for emergency service training that meets or exceeds state or national standards. 7.4 Inter -fire service coordination preparedness /mutual aid and multi jurisdictional fire service agreements. ❑ Yes ❑ Partial p No Recommendation: Adopt the Standardized Emergency Management Systems for responding to large scale disasters requiring a multi- agency response. Ensure and review mutual aid /automatic aid and other cooperative agreements with adjoining emergency service providers. Page 7 of 9 BOF Fire Safety Element GP Review and Standard Recommendations January 26, 2010 8.0 Post Fire Safety. Recovery and Maintenance: The post fire recommendations address an opportunity for the community and landowners to re- evaluate land uses and practices that affect future wildfire hazards and risk. They also provide for immediate post -fire life and safety considerations to mitigate potential losses to life, human assets and critical natural resources. 8.1 Revaluate hazard conditions and provide for future fire safe conditions ❑ Yes ❑Partial ❑ No Recommendation: Incorporate goals and policies that provide for reassessment of fire hazards following wildfire events. Adjust fire prevention and suppression needs commensurate for both short and long term fire protection needs. 8.2 Recommendation: Develop burn area recovery plans that incorporate strategic fire safe measures developed during the fire suppression, such as access roads, fire lines, safety zones, and fuelbreaks, and helispots. 8.3 Restore sustainable landscapes and restore functioning ecosystems. El Yes 0 Partial ❑ No Recommendation: Develop burn area recovery plans, evaluation processes and implementation actions that encourage tree and biomass salvage, reforestation activities, create resilient and sustainable landscapes, and restore functioning ecosystems. 8.4 Incorporate wildlife habitat/endangered species considerations El 0 Partial ❑ No Recommendation: Establish goals and policies for consideration of wildlife habitat/ /endangered species into long term fire area recovery and protection plans, including environmental protection agreements such as natural community conservation plans. 8.5 Native species reintroduction. ❑ Yes 0 Partial ❑ No Recommendation: Incorporate native species habitat needs as part of long term fire protection and fire restoration plans. 8.6 Evaluation of redevelopment. Q Yes 0 Partial ❑ No Recommendation: In High and Very hazardous areas, ensure redevelopment utilizes state of the art fire resistant building and development standards to improve past 'substandard" fire safe conditions. 8.7 Long term maintenance of fire hazard reduction mitigation projects El Yes 0 Partial ❑ No Recommendation: Provide polices and goals for maintenance of the post -fire- recovery projects, activities, or infrastructure. 8.8 Post fire life and safety assessments El Yes ❑Partial ❑ No Recommendation: Develop frameworks for rapid post -fire assessment and project implementation to minimize flooding, protect water quality, limit sediment flows and reduce other risks on all land ownerships impacted by wildland fire. Page 8 of 9 BOF Fire Safety Element GP Review and Standard Recommendations January 26, 2010 Recommendation: Identity flood and landslide vulnerability areas related to post wildfire conditions. Recommendation: Establish goals and policies that address the intersection of flood /landslide /post fire burn areas into long term public safety protection plans. These should include treatment assessment of fire related flood risk to life, methods to control storm runoff in burn areas, revegetation of burn areas, and drainage crossing debris maintenance. Recommendation: Encourage rapid post -fire assessment, as appropriate, and project implementation to minimize flooding, protect water quality, limit sediment flows and reduce other risks on all land ownerships impacted by wildland fire. 9. Terrorist and homeland security impacts on wildfire protection These recommendations are included to address fire protection needs related to terrorist acts or other homeland security preparedness and response actions. Both preparedness and incident response can adversely impact fire protection. Adverse effects include substantially decreasing emergency resources' availability, responsiveness and effectiveness by diverting resources, interrupting communications, or restricting emergency access. 9.1 Communication channels during incidences. El ❑Partial ❑ No Recommendation: Establish goals and policies consistent with the Governor's Blue Ribbon Fire Commission of 2005 for communications and interoperability. Example goals and policies should address fire personnel capability to communicate effectively across multiple frequency bands and update and expansion of current handheld and mobile radios used on major mutual aid incidents. 9.2 Emergency response barriers. ❑ Yes ❑ Partial ❑ No Recommendation: Identify goals and policies that address vital access routes that if removed would prevent fire fighter access (bridges, dams, etc.). Develop an alternative emergency access plan for these areas. 9.3 Prioritizing asset protection from fire with lack of suppression forces. El ❑ Partial ❑ No Recommendation: Identify and prioritize protection needs for assets at risk in the absence of response forces. Recommendation: Establish fire defense strategies (such as fire ignition resistant areas) that provide adequate fire protection without dependency on air attack and could serve as survivor safety zones for the public or emergency support personnel. End Standard Recommendations (version 1/26/10) Page 9 of 9 BOF Fire Safety Element GP Review and Standard Recommendations January 26, 2010 k itty I would also like to express a chronic concern. There are many two -story mansions being built around the east part of the city, all being monotonous and rather ugly - looking. Furthermore, their construction entails the destruction of many large trees, which frankly could have been preserved for better property value (supposedly each large tree adds at least 1% to the property value). Instead, the developer typically chooses to plant small trees which will take another 30 -60 years to reach mature size. Lisa Flores From: Brian Chow [briano408 @yahoo.com] Sent: Monday, August 30, 2010 11:43 PM To: Lisa Flores Subject: General Plan Comments Dear Lisa Flores, Can you please be so kind as to attach a copy of the "Circulation and Infrastructure" Chapter of the General Plan document (pdf format) for me? I would very much appreciate it. Recently, there was a road enlargement of the intersection between Santa Anita Ave. and Duarte Road. However, there were no bicycle lanes included in this expansion. I will explain what I mean by this. Usually, in forward - thinking cities such as Santa Monica and San Diego, there would be a small lane for bicycles in between the lane that is turning right and the lane that is continuing straight. Neither Santa Anita nor Duarte has any bicycle lane in it. However, the fact that this improvement was made without any future improvement in mind is a little disappointing. Is the city really paying attention to DEIR Section 4.15, Goals CI -1 and CI -3? These specify the development of alternative forms of transportation, but I am not seeing this anywhere. I feel concerned that many Arcadians do not take to the issue of global warming seriously enough. The most recent data from the past several years show the indicators of climate change, such as ice loss, to exceed the predictions (LINK). Southern California is thought to become drier also, as a result. I hope the city moves forward with real transportation (bicycles and rail, not cars). I am wondering if anything is done to: 1. Facilitate neighborhood critique of new residential housing, from an aesthetic standpoint. 2. Encourage the retention of old - growth trees, regardless of distance from the street curb. 3. Promote a "build around" instead of a "build over" philosophy. Thank you very much for your attention. Regards, Brian Chow 1433 c.,oy nri+u_ -flue. , 4'ea. --41. GA . 'f g DDCa 9/1/2010 Page 1 of 1 AUG 0 201J Westfie August 31, 2010 BY HAND DELIVERY Ms. Lisa L. Flores, Senior Planner City of Arcadia 240 W. Huntington Drive Arcadia, CA 91066 -2021 Re: Comment Letter to Draft Program Environmental Impact Report for City of Arcadia 2010 General Plan Update (SCHNo. 2009081034) Dear Ms. Flores: 11601 Wilshire Blvd. 11th Floor Los Angeles, CA 90025 T 310.478.4456 F 310.893.4780 AUG n ?01J On behalf of Westfield, LLC, Santa Anita Shoppingtown LP and Santa Anita Fashion Park LP (collectively, "Westfield "), this comment letter sets forth the language that we have agreed upon with the City regarding the Arcadia General Plan Update (the "GPU") and the related Environmental Impact Report ( "EIR ") and text amendments (collectively, the "GPU Documents "). We appreciate the time that you and Jason Kruckeberg provided to Westfield on August 17, 2010 to discuss Westfield's concerns and willingness to provide the clarifications noted below. 1. GLA Clarifications for Westfield Santa Anita The City will incorporate into the GPU Documents two sets of square footages for Westfield Santa Anita reflecting the current gross leasable area ( "GLA ") definition in the Municipal Code and the new proposed definition in the GPU, which is intended to mirror the industry standard defmition from the Urban Land Institute ( "ULI "). As we discussed, the two sets of square footages will include the existing and future square footages for Westfield Santa Anita using both the City GLA and ULI GLA definitions, as follows: 2 The required parking is the sum of two calculations: (1) Existing parking requirement using City GLA is 5,904 (4.75 * 1,242.876 = 5,904 spaces) PLUS (2) Future parking requirement is 1,095 spaces assuming full buildout calculated as the difference in existing and future ULI GLA multiplied by the parking rate ((1,698.596 — 1,468.122) * 4.75 = 1,095 spaces). The future square footages reflect the approvals granted by the City in 2000 to Westfield for an expansion of Westfield Santa Anita. N: \_developers\JHEALY\Saf\City of Arcadia \100831 L Flores re Comment Ltr to Fedex Priority City GLA ULI GLA Required Parking Existing 1,242,876 sf 1,468,122 sf 5,904 spaces Future' 1,522,451 sf 1,698,596 sf 6,999 spaces Westfie August 31, 2010 BY HAND DELIVERY Ms. Lisa L. Flores, Senior Planner City of Arcadia 240 W. Huntington Drive Arcadia, CA 91066 -2021 Re: Comment Letter to Draft Program Environmental Impact Report for City of Arcadia 2010 General Plan Update (SCHNo. 2009081034) Dear Ms. Flores: 11601 Wilshire Blvd. 11th Floor Los Angeles, CA 90025 T 310.478.4456 F 310.893.4780 AUG n ?01J On behalf of Westfield, LLC, Santa Anita Shoppingtown LP and Santa Anita Fashion Park LP (collectively, "Westfield "), this comment letter sets forth the language that we have agreed upon with the City regarding the Arcadia General Plan Update (the "GPU") and the related Environmental Impact Report ( "EIR ") and text amendments (collectively, the "GPU Documents "). We appreciate the time that you and Jason Kruckeberg provided to Westfield on August 17, 2010 to discuss Westfield's concerns and willingness to provide the clarifications noted below. 1. GLA Clarifications for Westfield Santa Anita The City will incorporate into the GPU Documents two sets of square footages for Westfield Santa Anita reflecting the current gross leasable area ( "GLA ") definition in the Municipal Code and the new proposed definition in the GPU, which is intended to mirror the industry standard defmition from the Urban Land Institute ( "ULI "). As we discussed, the two sets of square footages will include the existing and future square footages for Westfield Santa Anita using both the City GLA and ULI GLA definitions, as follows: 2 The required parking is the sum of two calculations: (1) Existing parking requirement using City GLA is 5,904 (4.75 * 1,242.876 = 5,904 spaces) PLUS (2) Future parking requirement is 1,095 spaces assuming full buildout calculated as the difference in existing and future ULI GLA multiplied by the parking rate ((1,698.596 — 1,468.122) * 4.75 = 1,095 spaces). The future square footages reflect the approvals granted by the City in 2000 to Westfield for an expansion of Westfield Santa Anita. N: \_developers\JHEALY\Saf\City of Arcadia \100831 L Flores re Comment Ltr to Fedex Priority Ms. Lisa Flores August 31, 2010 Page 2 of 4 As we have agreed, the new ULI definition will apply only to new GLA added to Westfield Santa Anita and will not apply to any existing GLA, which includes any future reuse or redevelopment of existing space. The date for what constitutes existing GLA shall be the effective date of the GPU. For example, we have agreed that if an existing anchor store is damaged in the future, Westfield would be permitted to replace /rebuild this store up to the existing GLA in place at the time the GPU was adopted using the prior definition of GLA without any change to required parking. As another example, if Westfield sought to re -tenant the existing RobinsonMay building in the future without any increase in square footage, this tenant improvement would not be considered new GLA and would not trigger any new parking or FAR requirements. This interpretation is consistent with industry standards and the City's historic practice at Westfield Santa Anita. Also, we have agreed to delete any reference to kiosks in the proposed GLA definition to be consistent with industry standard definitions used by the ULI and the International Council of Shopping Centers. Westfield would appreciate an opportunity to review the implementing text amendment in this regard to ensure that it accurately reflects the understanding above. 2. Clarification of FAR The Draft EIR reference on page 3 -6 that the "maximum intensity allowed for the mall remains the same, with a nominal increase in floor -area -ratio (FAR) from 0.4 to 0.5" will be clarified to note that Westfield Santa Anita is not receiving any increase in permitted FAR as a part of this GPU. As a part of the 2000 approvals, the City adopted an FAR of 0.5 for Westfield Santa Anita. The 0.4 FAR reference in the current General Plan was not updated inadvertantly. 3. Regional Commercial Land Use Designation Westfield supports redesignating Westfield Santa Anita from "Commercial" to "Regional Commercial," which more accurately reflects the unique regional - serving characteristics of the property. Consistent with this approach, we have agreed that the following definition of Regional Commercial should be adopted: The Regional Commercial designation applies only to the regional shopping center located east of Baldwin Avenue and north of Huntington Drive. The designation provides for regional commercial centers intended to serve the needs of a regional market and the surrounding community that are constantly evolving, but typically includes a wide range in depth and variety of retail, office and service uses. Such centers provide a combination of anchor stores, which can include department stores, discounters, warehouse stores, mass merchants, consumer products, home furnishings, entertainment, grocery and drug stores, and/or fashion department stores, with a large quantity and variety of restaurants, N:\ developers\HEALY\Saf\City of Arcadia \100831 L Flores re Comment Ltr to DEIR.doc Ms. Lisa Flores August 31, 2010 Page 3 of 4 specialty shops, boutiques, kiosks, health, wellness, media, offices and/or services. Due to the regional nature, large community events, promotions and gatherings are encouraged to be held at a regional commercial shopping center. 4. Future Buildout of Westfield Santa Anita To Be Clarified The City will update the GPU Documents to reflect the future buildout of the Westfield property as approved by the City m 2000 and noted in Section 1 above. 5. Parkins Impacts to Westfield Santa Anita The City will update page 2 -63 of the GPU to acknowledge the existing problem of race track patrons parking in the parking areas of Westfield Santa Anita, as well as in nearby residential areas. 6. Gate 8 Clarification The City will replace the following sentence on page 2 -64 of the GPU, which does not reflect existing conditions: "Another physical separation occurs during horse racing season when the race track's Baldwin Avenue entry gate at the northerly boundary of the mall is closed off to the mall." The replacement will be as follows: The Baldwin Avenue entry gate at the northerly boundary of the Westfield Santa Anita center (Gate 8) is used primarily by visitors to access Westfield Santa Anita. This access roadway is also used by visitors to the Racetrack pursuant to an access easement over Westfield's property. During the racing season, some racing events cause a substantial amount of race track traffic to enter through the roadway leading from the Baldwin Avenue /Gate 8 intersection. Depending on traffic conditions, and based on information provided by the City's Police Department and race track operations personnel, Westfield Santa Anita on occasion has agreed to temporarily barricade the internal roadway leading from Gate 8 to the Westfield Santa Anita parking lot so that shopping center traffic will not combine with race track traffic to worsen conditions through Gate 8 onto Baldwin Avenue. N:\ developers\JHEALY\SaACity of Arcadia \100831 L Flores re Comment Ltr to DEIR.d Ms. Lisa Flores August 31, 2010 Page 4 of 4 7. Designation of the Santa Anita Park as an Historic Resource Under Federal Law Both the GPU and the Draft EIR provide that Santa Anita Racetrack is eligible for listing in the California Register of Historical Resources. However, in order to provide full disclosure of the Racetrack's status as an historic resource, the GPU and Final EIR should also state that the Racetrack has been determined to be eligible for listing in the National Register of Historic Places; that the Racetrack has been determined to be a historic district; and that the Racetrack's historic district is comprised of 47 structures. 8. Conclusion To the extent any factual errors or inconsistencies discussed above are repeated in other sections of the GPU, EIR or related text amendments, the documents should be revised in accordance with these comments to ensure that they will be consistent, both internally and with respect to one another. Thank you again for the opportunity to discuss our comments and to come to agreement on these clarifications. If there are any issues with the above clarifications, please contact me immediately. Sincerely yours, Jo M. Healy ice President Development cc: Mr. Jason Kruckeberg Mr. Larry Green Mr. Francis Park, Esq. N:\ developers\JHEALY\Saf\City of Arcadia \10083I L Flores re Comment Ltr to DEJR.doc Lisa Flores From: Sent: To: Cc: Alan Thompson (THOMPSON a©scag.ca.govj Monday, October 18, 2010 1:56 PM Lisa Flores Naresh Amatya Subject: Comment regarding City of Arcadia general plan Lisa, SCAG received the following comment on our Bike /Ped Wiki regarding Arcadia's general plan. Per direction from our elected officials that we ensure all comments on local plans are forwarded to the appropriate city and department, I am forwarding the following comment to you. Please acknowledge receipt of this e-mail by simply replying. `7 note that there is no continuous east -west bicycle route through the northern part of Arcadia, therefore, utility and commuting bicycling are not addressed by the plan. I also am alarmed to see that Colorado between Santa Anita and 5th will go from 2 lanes to 4 lanes, making this stretch of Colorado too dangerous to use as a bicycle route. It happens to be my commuting route, and there is no usable alternative for me, as neither Huntington nor Foothill are safe bicycle through streets. 1 am also distressed to observe that Colorado Blvd between Michillinda and Colorado Place is designated as a truck route, as that will make it substantially more dangerous for bicycling. I urge the City of Arcadia to reconsider the decision to add lanes to Colorado Blvd. between Santa Anita and 5th, and, in fact, recommend a reduction in the number of vehicle lanes on Colorado between Michillinda and Colorado Place. That stretch of Colorado parallels the 210 freeway, and should not be used as additional lanes for high -speed vehicle traffic. I suggest that Colorado Blvd. through that stretch be reduced from 4 lanes to 3, using the middle lane as a turn lane, and creating a Class 1 2-way bicycle and pedestrian path. Ret ing and enhancing Colorado Blvd. as a bicycle route will make a tremendous difference in conn :vity between Arcadia and its neighbor cities for bicyclists and pedestrians, and will ultim to y help to relieve traffic congestion as more people are able to safely get around without their cars. If the currently proposed changes are made (increasing lanes and truck traffic on Colorado Blvd.), I personally will have to abandon my bicycle commuting and start driving to and from work, thereby exacerbating the existing traffic congestion." - Rachel Buckthorn Alan Thompson Senior Planner, Bike Ped Coordinator, CMP, ITS, TDM, Safety and Security Southern California Assn. of Governments 818 W. Seventh Street, 12th Floor Los Angeles, CA 90017 (213) 236 -1940 (p) (213) 236 -1963 (f) Check out our Bike /Ped Wiki at http : / /www.bikepedwiki.scag.ca.gov / 10/19/2010 a o RECEIVE PD gel �cr oze �o Planning Services City of Arcadia ALLEN W. HUBSCH (810) 786 -4741 allen.hubsch ®hoganlovells.com October 19, 2010 VIA E -MAIL AND OVERNIGHT DELIVERY Lisa L. Flores, Senior Planner City of Arcadia 240 West Huntington Drive Arcadia, California 91066 -2021 E -mail; lflores@ci.arcadia.ca.us, Hogan Lovells US LLP 1999 Avenue of the Stars Suite 1400 Los Angeles, CA 90067 T +1 310 785 4741 F +1 310 785 4601 www,hoaanInvells rnm RECEIVED OCT 19 2010 Planning Services City of Arcadia Re: Arcadia General Plan Ladies and Gentlemen: Thank you for this opportunity to comment on the Draft General Plan for Arcadia. I am a member of the Land Use Coalition of Public Counsel's Early Care and Education Law Project. One of the missions of the Land Use Coalition is to engage planning agencies in collaborative efforts to improve the child care infrastructure in Los Angeles County. The Office of Child Care of the Chief Executive Office of Los Angeles County periodically conducts comprehensive child care needs assessments within the County of Los Angeles. The most recent needs assessment for Arcadia shows a shortfall of childcare services for the Arcadia in all three reported categories: infant childcare, pre - school childcare and school age (i.e., after- school) childcare. See the enclosed report, and the website of the Office of Childcare, County of Los Angeles, http : / /gismap.cola.ca.us/childcare. Childcare is not only extremely important to working families, it is important to the communities in which they live and work. In January 2008, the County of Los Angeles partnered with several other agencies to author "The Economic Impact of the Early Care Education Industry in Los Angeles County ". htlp;// ceo. lacounty .gov /ccp /pdf/LA %20Economic %20Im act %20Report- Jan08.pdf. I have included a copy of this report about the importance of childcare to our communities, and I urge you to review it. Lisa L. Flores, Senior Planner October 19, 2010 Page 2 In December 2007, the County of Los Angeles Child Care Planning Committee adopted a strategic plan entitled "Forging the Future: The Strategic Plan for Child Care and Development for Los Angeles County ". http://ceo.lacounty.gov/ccp/pdf/Strategic%20Plan1- %20Web-final.pdf. The Planning Committee serves as the local child care planning council for Los Angeles County as mandated by AB 2141; Chapter 1187, Statutes of 1991. One of the pertinent objectives adopted by the Planning Committee in the Strategic Plan are: telephone. "Continue working to reduce barriers due to zoning regulations and expensive permit requirements in cities throughout the County "; Unfortunately, a word search of the Land Use Element of the Draft Land use Element reveals almost no use of the teens `childcare," "day care," "after school care" or similar words. Your Land Use Policy 8.2 is a good start, but its inclusion in the Public/Institutional Uses section of the Land Use Element might erroneously imply that childcare facilities are suitable only for that land use category. I would suggest some small, but very important, revisions to the draft Land Use Element. See the handwritten comments and Insert "A" which are attached to this letter. I would welcome the opportunity to discuss further with you in person or by cc: Karla Pleit&z, Esq., Public Counsel (via e-mail, w /encl.) Policy LU 1.11: INSERT "A" Encourage the development of a range of childcare facilities, including infant care, pre - school care and after- school care, to serve the needs of Arcadia families and workers. Encourage the development of childcare facilities near transit oriented development. In accordance with the strategic plan adopted by the Los Angeles County Child Care Planning Committee, reduce barriers to childcare services due to zoning regulations and expensive permit requirements. CHAPTER 2: LAND USE AND COMMUNITY DESIGN ELEMENT A r c a d i a G e n e r a l P l a n Introduction Arcadia's motto, A Community of Homes, clearly identifies the defining characteristic of our community. From large estates to post -World War II subdivisions to attractive condominiums and apartments, Arcadia offers diverse places to live and enjoy the qualities of this City. The City also has attractive parks, successful business districts, abundant shopping and entertainment venues, and a distinguished community aesthetic. This element focuses on identifying, preserving, and enhancing those physical aspects of Arcadia that are highly valued by residents and the business community. The goals and policies set forth the City's vision and fundamental land use philosophy regarding appropriate types, intensity, and location of development, and the means for maintaining the community's environmental, social, physical, and economic health and vitality. ARCADIA GENERAL PLAN - DRAFT APRIL 2010 LAND USE AND COMMUNITY DESIGN 1 2.1 PUSLI c. c DaNsEL, C001/41A-E,rs R� CHI�l►c„2e oCrv6f . Zoia LDR - Low Density Residential The Low Density Residential designation accommodates low- density single - family residential neighborhoods. Development is typified by detached single - family residences on lots 7,200 to 10,000 square feet in size. Permitted uses are limited to single - family residences on a single lot. Other uses that may be appropriate, consistent with zoning regulations, include public and private schools, public parks, and other open space uses. Unit Density: up to 6 du /ac Typical Population Density: 12.17 persons per acre MDR - Medium Density Residential The Medium Density Residential designation accommodates varied housing types and sizes within a suburban neighborhood context. Permitted residential uses include detached and attached residences with private and /or shared yards and open space areas. Other uses that may be appropria regulations, include public and priva other open space uses. Unit Density: 6 to 12 du /ac Typical Population Density:17 -35 persons per acre MDR - High Density Residential The High Density Residential designation accommodates higher - density attached housing types for both renter and owner households within a neighborhood context. Such housing types generally are located near transit stops, along arterials and transit corridors, and within easy walking distance of shops and services. Appropriate transition to adjacent Tower- density neighborhoods is required through the use of yards, other open areas, and building heights. Other uses that may be appropriate, consis ent with zoning regulations, include public and private schools, ,• ublic parks, and other open space uses. Unit Density:12 to 30 du /ac Typical Population Density: 34 -86 persons per acre tent with zoning public parks, and 242 I LAND USE AND COMMUNITY DESIGN ARCADIA GENERAL PLAN - DRAFT APRIL 2010 C - Commercial The Commercial designation is intended to permit a wide range of commercial uses which serve both neighborhood and citywide markets. The designation allows a broad array of commercial enterprises, including restaurants, durable goods sales, food stores, lodging, professional offices, specialty shops, indoor and outdoor recreational facilities, and entertainment uses. Adjacent to Downtown, the Commercial designation is intended to encourage small -scale office and neighborhood- serving commercial uses that complement development in the Downtown Mixed Use areas. While the land use designation provides the general parameters within which development must take place, the Zoning Code or other land use regulatory document specifies the type and intensity of uses that will be permitted in a given area. In the Downtown area, For example, where properties are designated Commercial, land use regulations might specify that restaurants and cafes are permitted, but secondhand stores are not. The Zoning Code and other regulatory documents also indicate permitted building height limits for specific properties. Maximum FAR - 0.50 (0.30 FAR for Santa Anita Park) Higher intensity overlays are applied to portions of Downtown along Santa Anita Avenue, Colorado Place, and Huntington Drive (1.0 FAR). Building Height: up to 45 feet in the Downtown area (including Santa Anita Avenue, Colorado Place, and Huntington Drive) up to 40 feet for commercial uses outside of Downtown RC - Regional Commercial The Regional Commercial designation applies only to the regional shopping center located east of Baldwin Avenue and north of Huntington Drive. The designation provides for regional commercial centers intended to serve a regional market and that offer a depth and variety of retail goods, general merchandise, apparel, entertainment center, and home furnishings businesses. Development within the Regional Commercial designation is characterized by large, multi- tenant centers anchored by one or more major retailers as key tenants. Maximum FAR - 0.50 (Based on gross leasable floor area for regional shopping center) ARCADIA GENERAL PLAN - DRAFT APRIL 2010 LAND USE AND COMMUNITY DESIGN 1 2.13 industrial businesses. Larger -scale commercial uses will be considered on a case -by -case basis in the Lower Azusa Road Reclamation area. Maximum FAR: 0.50 Industrial The Industrial designation provides for an array of warehouse, distribution, manufacturing, and assembly uses in appropriate locations. Maximum FAR: 0.50 Maximum FAR: N/A P/I - Public /Institutional The Public /Institutional designation accommodate public, semi- public, and institutional uses, including but not li ted to offices and facilities used by federal, state, and loc • government, special districts, public schools, hospitals, colleges and universities, and other public agencies and public utilities. Maximum FAR: as set forth in zoning regulations OS - OR - Open Spate - Outdoor Recreation The Open Space- Outdoor Recreation designation encompasses all City, county, state, and federal parks and associated facilities, including private facilities on leased public lands. The designation identifies public lands intended to be used for active and passive recreational activities, such as parks, golf courses, trails, and the Arboretum. Public lands used as detention basins may also be designated Open Space- Outdoor Recreation when co- located with active recreational uses or when open spaces serve two uses, such as a sports field and a detention basin. 2-16 I LAND USE AND COMMUNITY DESIGN ARCADIA GENERAL PLAN - DRAFT APRIL 2010 necessary to mitigate project generated impacts on the circulation and infrastructure systems. GOAL LU -2: A City with a distinctive and attractive public realm, with pedestrian- friendly amenities in commercial and mixed -use districts and single - family neighborhoods that continue to maintain Arcadia's standard of architectural and aesthetic quality Policy LU - 2.1s Ensure that trees planed in the public right -of- way continue to be well maintained where they exist, are planted in areas where they are currently lacking, and encourage replacement of undesirable tree species in public right -of- ways. Policy LU -2.2: Policy LU -2.3: Policy LU -2.4: Policy LU -2.5: Policy LU -2.6: Policy LU -2.7: Emphasize the use of public spaces and design that are oriented toward the pedestrian and use of transit throughout the community. Encourage public art throughout the City, with an emphasis on art that draws upon local history and consider the development of a public art program to plan and guide the placement of public art at key locations. Consider a dedicated funding source for public art to be paid for as a part of large development projects. Develop a hierarchy of gateways to mark entrances into the City, as illustrated by Figure LU -6. Ensure the aesthetic quality and pedestrian orientation of the City's commercial corridors by implementing the recommendations of this Community Design section, as well as the Architectural Design Guidelines for commercial and industrial properties. Through a combination of incentives to business owners and enforcement measures, attain compliance with signage standards and guidelines throughout the City, with a priority placed on high- traffic commercial corridors and gateway areas. Ili' f r P ARCADIA GENERAL PLAN - DRAFT APRIL 2010 LAND USE AND COMMUNITY DESIGN 1 2.27 1111 EMIO PIN ERNI prim!' WILMS BUM ERNI EWE itimm INSIGHT C, I.NI'I. Ff)P. C.UM.`dUNI'C'S (INOMIC I)lA F:I.0Phfl.N The Economic Impact of the Early Care and Education Industry in Los Angeles County January 2008 In partnership with County of Los Angeles, Child Care Planning Committee Los Angeles Universal Preschool City of Los Angeles, Workforce Investment Board TT1=.t.rINC; PEOPLE :Mn COMMIJNITI ES BECOME, Awn R1 MniN, Er.oNoM IC:Al.1.Y SECURE