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HomeMy WebLinkAbout2013RESOLUTION NO. 2013 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING PLANNED DEVELOPMENT PERMIT AND ASSOCIATED APPLICATIONS FOR THE LAS TUNAS MIXED-USE PROJECT, A PROJECT CONSISTING OF 77 MULTIPLE - FAMILY RESIDENTIAL UNITS, 3 LIVEM/ORK UNITS WITH 2,487 SQUARE FEET OF COMMERCIAL SPACE, AND AN 8,500 SQUARE FOOT, ONE-STORY COMMERCIAL BUILDING AND THE REMOVAL OF AND ENCROACHMENT UPON SEVERAL PROTECTED TREES, AND ADOPT THE MITIGATED NEGATIVE DECLARATION FOR THE LAS TUNAS MIXED-USE PROJECT AT 17 LAS TUNAS DRIVE WHEREAS, applications were filed by the Olson Urban Housing LLC, for Planned Development No. PD 17-01, Tentative Tract Map No. TTM 17-05 (77121), Lot Line Adjustment No. LLA 18-01, Multi -Family Architectural Design Review No. MFADR 17-06, Protected Tree Encroachment Permit No. TRE 18-03, and Protected Healthy Tree Removal No. TRH 18-03, for the Las Tunas Mixed-use Project at 17 Las Tunas Drive, hereafter individually and collectively referred to as the "Project'; and WHEREAS, on February 22, 2018, the Draft Initial Study/Mitigated Negative Declaration for Project was circulated for public review and comments for 20 days from February 22, 2018 to March 13, 2018; and WHEREAS, the Initial Study/Mitigated Negative Declaration concluded that the implementation of the Project will have less -than -significant impacts with mitigation measures for the following areas: Biological Resources, Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, Hydrology and Water Quality, Noise, and Utilities and Service Systems; and WHEREAS, on March 27, 2018, a duly noticed public hearing was held before the Planning Commission on said applications, including the Initial Study/Mitigated Negative Declaration at which time all interested persons were given full opportunity to be heard and to present evidence; and, NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF ARCADIA HEREBY RESOLVES AS FOLLOWS: SECTION 1. That the factual data submitted by the Development Services Department in the March 27, 2018, staff report is true and correct. SECTION 2. This Planning Commission finds, based upon the entire record: Planned Development 1. The Planned Development Permit will be allowed within the subject base zone, be consistent with the purpose, intent, goals, policies, actions, and land use designation of the General Plan and any applicable specific plan: be generally in compliance with all of the applicable provisions of this Development Code relating to both on-site and off- site improvements that are necessary to accommodate flexibility in site planning and property development and to carry out the purpose, intent, and requirements of this Section and the subject base zone, including prescribed development standards and applicable design guidelines, except for those provisions modified in compliance with this Section: and ensure compatibility of the property uses within the zone and general neighborhood of the proposed development. FACT: The project is consistent with the purpose and intent of the Arcadia General Plan specifically relating to the Land Use and Community Element and the Housing Element. The project in general is in compliance with the applicable provisions of the Development Code relating to both on-site and off-site improvements to accommodate the mixed-use project. The applicant has strategically designed the site to ensure 2 2013 compatibility with the adjacent uses, zones, and general vicinity. The project is a step towards revitalizing this existing underperforming commercial center. This project has a prominent commercial presence that will enhance the pedestrian experience, set a high standard of design, and improve the neighborhood -serving commercial component not only for this area, but will have a positive benefit to the commercial corridors. The project is consistent with the following policies and goals of the Arcadia General Plan: Land Use and Community Design Element • Policy LU -1.1: Promote new infill and redevelopment projects that are consistent with the City's land use and compatible with surrounding existing uses. • Policy LU -1.5: Require that effective buffer areas be created between land uses that are of significantly different character or that have operating characteristics which could create nuisances along a common boundary. • Policy LU -4.1: Require that new multifamily residential development be visually and functionally integrated and consistent in scale, mass, and character with structures in the surrounding neighborhood. • Policy LU -4.2: Encourage residential development that enhances the visual character, quality, and uniqueness of the City's neighborhood and districts. • Goal LU -6: Attractive and vibrant commercial corridors that provide retail, commercial, and office needs with expanded opportunities for mixed-use development. Housing Element • Goal H-2: Provide suitable sites for housing development which can accommodate a range of residential densities and ownership opportunities. • Policy H-2.3: Encourage compatible residential development in areas with recyclable or underutilized land. 2. The proposed project will produce a comprehensive development of superior quality and excellence of design (e.g., appropriate variety of structure placement and orientation opportunities, appropriate mix of structures sizes, high quality architectural 3 2013 design, significantly increased amounts of landscaping and improved open space, improved solutions to the design and placement of parking loading facilities, incorporate of a program of highly enhanced amenities (e.g., additional public art), LEED or other "green" related standards, etc.) than might otherwise occur from more typical development applications. FACT: The project was designed to be sensitive in terms in scale and compatible with the surrounding properties, and it includes lush landscaping, amenities, and open space. The project will provide superior design, an appropriate mix of structure sizes and placement, and substantially improve the aesthetics of this site. The developer has worked closely with the surrounding neighborhood to ensure compatibility of uses and design, and has put substantial thought into the site planning and function of the site. The use of the Planned Development Permit for this project will result in a superior design for this project. 3. Proper standards and conditions have been imposed to ensure the protection of the public health, safety, and general welfare. FACT: The Initial Study/Mitigated Negative Declaration for the Las Tunas Mixed - Use project analyzed all the potential impacts, and all the project impacts are less than significant or can be reduced to less than significant levels with the implementation of the recommended mitigation measures. Therefore, the proposed project would not be detrimental to the public health, safety, and welfare. 4. Proper on-site traffic circulation (e.g., pedestrian and vehicular) and control is designed in to the development to ensure access for fire suppression and police surveillance equal to or better than what would normally be created by compliance with 4 2013 the minimum setback and parcel width standards specified in Division 2 (Zones, Allowable Uses, and Development Standards). FACT: The project is generally in compliance with the development standards and regulation under Division 2 (Zones, Allowable Uses, and Development Standards) and Division 3 (Regulations Applicable to All Zones — Site Planning and General Development Standards) of the Development Code. The project was carefully designed to provide optimal traffic and pedestrian circulation for the entire, and was carefully designed to provide clear access for both Fire suppression and surveillance of the Police Department. 5a. The subject parcel is adequate in terms of size, shape, topography, and circumstances to accommodate the proposed development. FACT: The subject site is adequate in size, shape, and topography to accommodate a mixed use project, and it is the only site along the Live Oak/Las Tunas corridor that is large enough to truly act as a commercial gathering point. Therefore, the site could easily accommodate the proposed commercial space and create a vibrant, active, and mixed-use community that is consistent with the City's vision. 5b. Adequate public services and facilities exist, or will be provided, in compliance with the conditions of approval, to serve the proposed development and the approval of the proposed development will not result in a reduction of public services to properties in the vicinity to be a detriment to public health, safety, and general welfare; FACT: It has been determined through the environmental review process that the existing infrastructure, public utilities, and fire and police services can handle the demand for the proposed project. Furthermore, the proposed project will not be a 5 2013 detriment to public health, safety, and general welfare. Instead, a mixed use project with the right balance of commercial and residential uses would help activate the area and bring vitality. 6. The proposed development, as conditioned, will not have a substantial adverse effect on surrounding property or their allowed uses. FACT: The proposed development complies in general with the underlying zoning and incorporates a strategic layout that places similar uses near each other. The project provides a balanced mix of residential to commercial that is in scale and consistent with the surrounding area. Therefore, the project with the proposed conditions and the recommended mitigation measures, will not have a substantial adverse effect on surrounding property or their allowed uses. 7. If the development proposes to mix residential and commercial uses whether done in a vertical or horizontal manner, the residential use is designed in a manner that it is appropriate buffered from the commercial use and is provided sufficient enhanced amenities it creates a comfortable and healthy residential environment and provide a positive quality of life for the residents. The enhanced amenities may include additional landscaping, additional common and/or private open space, private or separated entrances, etc. FACT: The mixed use project has been designed so that the residential buildings with lower intensity have been placed near residential properties and along Santa Anita Avenue to blend better with adjacent two-story homes. The project includes three (3) live/work units that provide a seamless and well placed transition between residential and commercial uses. Perimeter walls between the residential buildings and the 6 2013 commercial building are provided with lush landscaping to provide a buffer. There is also a 20 foot wide driveway between the commercial parking lot and residential buildings to provide proper buffering. 8: The design, location, operating characteristics, and size of the proposed development will be compatible with the existing and future land uses in the vicinity, in terms of aesthetic values, character, scale, and view protection. FACT: The Las Tunas Mixed -Use project is consistent with the underlying zoning and in terms of its scale, operation characteristics, and size the project has been strategically design to compatible with the existing and future land uses in the vicinity. As a new development within this underperforming commercial center, the project adds to the aesthetic value of the area. Although the applicant has the ability to provide close to double the amount of residential units and a substantially high amount of commercial space, the proposed density and strategic layout of the project produces a superior site design and optimal use of land that is considerate of the existing area. 9. The applicant agrees in writing to comply with any and all of the conditions imposed by the Review Authority in the approval of the Planned Development Permit. FACT: If approved, the project will be subject to the conditions of approval listed on page 18. The owner/applicant shall be required to sign an Acceptance Form indicating that the applicant has read and is aware of all of the conditions and mitigation measures applicable to the project. The applicant will submit a signed copy to the Development Service Department within 30 days of approval by the Planning Commission or the approval shall be null or voided. 7 2013 Tentative Tract Map 10. The proposed map, subdivision design, and improvements are consistent with the General Plan, any applicable specific plan, and the "Subdivisions" Division of the Development Code. FACT: The proposed project and subdivision are generally consistent with the goals, objectives, and policies of the Arcadia General Plan. This project will allow for the homeownership of a variety of housing types which provide a diverse stock of housing to the City. 11. The site is physically suitable for the type and proposed density of development. FACT: The site is physically suitable to accommodate the proposed development of 77 residential units, three (3) live/work units, and 8,500 square foot of commercial building. The project proposes slightly half of the number of units permitted on the site. Based on the combined size of the two parcels, the Development Code allows a maximum of 148 units on the site which is based on the maximum density calculation of 30 units per acre. 12. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. FACT: The site is currently developed with a multi -tenant commercial center and is largely covered by a paved surface. All biological resources were analyzed under the environmental assessment and all the potential impacts were determined less than significant or can be reduced to less than significant level. Therefore, the subdivision of 8 2013 the lot and the proposed improvement will not cause substantial environmental damage or substantial injure fish or wildlife or their habitat. 13. The design of the subdivision or type of improvements is not likely to cause serious public health or safety problems. FACT: The proposed subdivision is for condominium purposes. The project will meet of the all health and safety requirements as required by the applicable Departments of the City of Arcadia, all applicable public agencies, and state requirements, and will not cause any public health or safety problems. Therefore, the proposed project and the subdivision will not cause serious public health or safety problems. 14. The design of the subdivision or the type of improvements will not conflict with easements acquired by the public at large for access through or use of, property within the proposed subdivision. FACT: The site design, subdivision design, and all proposed on-site and off-site improvements will not conflict with easements acquired by the public at large for access through or use of, property within the proposed subdivision. The Tentative Map would require the relinquishment of an existing access easement along the northwest corner portion of the lot and a new 2 -foot wide easement along the S. Santa Anita Ave for future sidewalk improvements. 15. The discharge of sewage from the proposed subdivision into the community sewer system will not result in violation of existing requirements specified by the California Regional Water Quality Control Board. 9 2013 FACT: The Arcadia Public Works Services Department determined that the City's existing infrastructure can adequately serve the new development and the project will comply with all of the requirements of the California Regional Water Quality Control Board per the Initial Study. 16. The design of the subdivision provides, to the extent feasible, passive or natural heating and cooling opportunities. FACT: The project has been designed to comply with the California Building Code that includes regulations pertaining to energy conservation. 17. The proposed subdivision, its design, density, and type of development and improvements conforms to the regulations of the City's Development Code and the regulations of any public agency having jurisdiction by law. FACT: The proposed subdivision complies with the density requirements of the City's Development Code, and all the improvements required for the project, and each unit shall comply with the regulations in the City's Development Code and all applicable public agencies per the Initial Study/ Mitigated Negative Declaration. 18. That the findings in this Resolution are based upon the information and evidence set forth in the IS/MND and upon other substantial evidence that has been presented at the hearing and in the Project record. The documents, staff report, technical studies, appendices, plans, and other materials that constitute the Project record on which this Resolution is based are on file for public examination, and each of those documents is incorporated herein by reference. The mitigation measures' minor amendments are equivalent or more effective in mitigating or avoiding potential 10 2013 significant effects and in themselves will not cause any potentially significant effect on the environment. SECTION 3. That for the foregoing reasons the Planning Commission adopts Resolution No. 2013, and approving applications Planned Development No. PD 17-01, Tentative Tract Map No. TTM 17-05 (77121), Lot Line Adjustment No. LLA 18-01, Multi - Family Architectural Design Review No. MFADR 17-06, Protected Tree Encroachment Permit No. TRE 18-03, and Protected Healthy Tree Removal No. TRH 18-03, and adopt the Initial Study/Mitigated Negative Declaration and Mitigated Monitoring and Reporting Program under the California Environmental Quality Act ("CEQA"). SECTION 4. The Secretary shall certify to the adoption of this Resolution. iM Passed, approved and adopted this 21 day of 12018. ATTEST: Lisa Flores Secretary APPROVED AS TO FORM: sg— u ,, �? Stephen P. Deitsch City Attorney Ken Chan Chairman 11 2013 Conditions of Approval 1. The project shall be developed and maintained by the applicant/property owner in a manner that is consistent with the plans submitted and conditionally approved for PD 17-01, TTM 17-05 (77121), LLA 18-01, MFADR 17-06, TRE 18- 03, and TRH 18-03, subject to the satisfaction of the Planning & Community Development Administrator or designee. 2. The project shall be developed and maintained by the property owner/applicant in compliance with all of the recommended tree protection measures listed in the Arborist Report, dated January 18, 2018. 3. The final landscape plan shall be revised to include twelve (12) 36" box replacements trees throughout the site and landscaping plants in front of garden walls along S. Santa Anita Avenue. 4. The project shall comply with the current California Building Code, including residential accessibility and Arcadia Multi -Family Standards to the satisfaction of the City Building Official or designee. 5. No window covering (i.e., drapes, blinds, etc.) shall be permitted on any of the storefront windows of the commercial and live/work units that face Las Tunas Drive. 6. The final design and layout for the commercial buildings shall be subject to review and approval by Planning Services prior to submitting the plans into Building Services for plan -check. 7. The three (3) live/work units shall comply with the provisions set forth under the Development Code Sections 9104.02.210.13 (Limitations of Use) and 9104.02.210.E (Operating Requirements). 8. The prospective residents shall be notified by the applicant/property owner that they are living in an urban area and that the noise level may be higher than a typical residential area per the City's Zoning Code for the Mixed Use Zone, and the applicant/property owner shall confirm that the prospective residents did receive and understand this information. 9. At least two weeks prior to the proposed start of construction activity, the applicant shall post at least two signs or banners that include a brief description of the project, the anticipated construction schedule, the City's limits on the hours of construction, a contact name, phone, and email of a representative of the applicant/property owner that the public can contact with any questions, concerns, or complaints about construction activity related to the project. If there are any substantive changes in the project schedule or scope of work, or 12 2013 changes in the contact name or information, the applicant/property owner shall immediately provide an updated notice in the manner described above. 10. The property owner/applicant shall submit a haul route map and staging plan to Planning Services prior to issuance of a demolition and a grading permit. 11. The applicant shall be responsible for the repair of all damage to public improvements in the public right-of-way resulting from construction -related activities, including, but not limited to, the movement and/or delivery of equipment, materials, and soils to and/or from the site. 12. An exterior lighting, parking lot lighting plan, and photometric study showing that light and glare will not exceed one foot- candle at any property line, shall be submitted to Planning Services for review and approval prior to issuance of a building permit for each residential phase within the development. Prior to final inspection for the commercial or residential project, the lighting shall be installed prior to final occupancy of each phase on each site. 13. Prior to the final approval of the Tract Map, a Certificate of Compliance shall be recorded for the Lot Line Adjustment Application No. LLA 18-01 with the Los Angeles County Recorder's Office. 14. The property owner/applicant shall be required to pay $150 Map fee and $50 Final Map Approval fee prior to the approval of the Tract Map. 15. Prior to approval of the Tract Map the property owner/applicant shall either construct or post security for all public improvements to be shown on the Tentative Map 77121 and the following items below. All items must be completed prior to the issuance of a Certificate of Occupancy. a) The property owner/applicant shall grant to the City a two (2) foot easement for sidewalk purposes along S. Santa Anita Avenue. b) All driveway approaches off of Las Tunas Drive and Santa Anita Avenue shall be ADA accessible and per City of Arcadia standards. c) The property owner/applicant shall remove and replace the existing sidewalk, curb, and gutter from property line to property line. d) The property owner/applicant shall reconstruct the westerly driveway on Las Tunas Drive by re -aligning the curb on the east side of the driveway. e) The property owner/applicant shall coordinate with Public Works Services on replacement of street trees. 16. The following improvements are subject to Engineering's review and approval prior to the issuance of a building permit or recordation of the final map, 13 2013 whichever comes first, and all items shall be completed prior to issuance of the first Certificate of Occupancy: a) An Intersection Improvement Plan is required for the intersection of Las Tunas Drive/Live Oak Avenue. The Plan shall provide pedestrian access through the controlled intersection from the westerly triangular island on Live Oak Avenue to the south side of Live Oak Avenue at the merge lane stop sign on the southeast corner of the intersection. The pedestrian access shall consist of ADA curb ramps and sidewalk. All pedestrian pathways must be fully controlled, except at merge lane stop sign on Live Oak Avenue. b) The property owner/applicant shall submit a Traffic Signal Modification Plan for the intersection of Live Oak Avenue and Las Tunas Drive to eliminate the signal phase for the driveway that is proposed to be removed. The plan shall include but not limited to the removal of the pedestrian heads and the pedestrian push buttons, a new phase diagram, and new signal timing. The Plan shall also include a new Pedestrian phase to accommodate the new crossing in the above condition. 17. The proposed development will require a Standard Urban Stormwater Mitigation Plan (SUSMP). The property owner/applicant shall prepare the SUSMP as prescribed by Los Angeles County Department of Public Works SUSMP Manual. 18. The property owner/applicant shall provide calculations to determine the maximum domestic demand and maximum fire demand in order to verify the required water service size required for this project. The calculations shall be submitted to Public Works Department prior to the issuance of any permits. 19. The property owner/applicant shall provide separate water services and meters for specific residential, live/work units, commercial, and irrigation uses. 20. An approved back flow prevention device shall be installed for commercial use. 21. In the event that fire suppression is common to the complex, a separate fire service with Double Check Detector Assembly (DCDA) shall be required as directed by the Fire Marshal. 22. A Water Meter Clearance Application shall be filed with and approved by the Public Works Services Director or designee prior to permit issuance. 23. New water service installation shall be installed by the applicant/property owner. Installation shall be according to the specifications of the Public Works Services Department, Engineering Division, subject to the satisfaction of the Public Works Services Director or designee. Abandonment of existing water services, if necessary, shall be by the Developer, according to Public Works Services 14 2013 Department, Engineering Division specifications, subject to the satisfaction of the Public Works Services Director or designee. 24. The existing sewer lateral shall be utilized if possible to the satisfaction of the Public Works Services Director or designee. 25. Finished floor elevation of retail building is 354.0', and finished floor elevations of housing units vary. If any drainage fixture elevation in any building is lower than the elevation of the next upstream manhole cover (354.13' if tied -in to the sewer main on Las Tunas Drive, 354.05' if tied -in to the sewer main on Live Oak Ave, and 355.49' if tied -in to the sewer main on Santa Anita Ave), an approved type of backwater valve is required to be installed on the lateral behind the property line. 26. The property owner/applicant shall file a Notice of Intent (NO]) with the State Water Resources Control Board for a General Construction NPDES Permit. The NOI will require certain list of items such as preparation of the Stormwater Pollution Prevention Plan (SWPPP), applicable fees, etc. 27. A Waste Discharger Identification (WDID) number shall be issued by the State prior to the approval of any grading plans. 28. The project is subject to the Low Impact Development (LID) requirements. The property owner/applicant shall integrate the LID strategies into the site design. These strategies may include and are not limited to infiltration trenches, bioretention planter boxes, roof drains connected to a landscaped area, pervious concrete/paver, etc. 29. The property owner/applicant shall install an automatic sprinkler system per the City of Arcadia Fire Department Single & Multiple -Family Dwelling Sprinkler Standards and the Commercial Sprinkler Standards prior to obtaining a Certificate of Occupancy. 30. The proposed project shall comply with the required sprinkler system in all the units per the Fire Code and any other applicable City Codes. 31. Knox switches shall be provided at entry gates. Knox boxes shall be provided for access to common areas as required by the Fire Inspector. 32. Fire extinguishers of 2A:10BC type shall be provided at the exterior of all multi- family units. Maximum travel distance shall be 75 feet. 33. All fire lanes shall be marked and/or provided with signage to prevent obstruction. 34. The property owner/applicant shall comply with all of the required fire protection stipulations according to the specification of the Arcadia Fire Department and shall conform to City of Arcadia Standards. All fire services shall be isolated from 15 2013 domestic water services with approved back flow prevention devices for both residential, live/work units, and commercial uses. 35. Public and on-site fire hydrants shall be provided as necessary to provide a water supply to within 600 feet of single-family dwellings and within 400 feet of all multi- family dwellings. A minimum of two fire hydrants shall be provided within 225 feet of the commercial building. Minimum fire flow for the Single -Family dwelling shall be 500 gpm, Multi -Family dwelling 1,000 gpm, and commercial buildings 1,500 gpm. 36. Noncompliance with the plans, provisions and conditions of approval shall be grounds for immediate suspension or revocation of any approvals. 37. All City requirements regarding disabled access and facilities; occupancy limits; building safety; fire prevention, detection and suppression; health code compliance; emergency access, egress and equipment; water supply and facilities; sewer facilities; trash reduction and recycling requirements; environmental regulation compliance, including National Pollution Discharge Elimination System (NPDES) measures; and parking and site design shall be complied with to the satisfaction of the Building Official, City Engineer, Planning & Community Development Administrator, Fire Marshal, and Public Works Services Director. Compliance with these requirements shall be determined by having fully detailed construction plans submitted for plan check review and approval by the foregoing City officials and employees. 38. The property owner/applicant shall prepare and submit to the City's Planning & Community Development Administrator, or designee, a declaration of covenants, conditions and restrictions ("CC&Rs"), which shall upon approval and execution be recorded in the Los Angeles County Recorder's Office by the Owner/Applicant against the subject real property. The CC&Rs shall contain provisions for maintenance of the property and the proposed development. The CC&Rs shall be in a form and substance approved by the City Attorney, and shall provide among other matters that the CC&Rs shall not be amended or terminated without the prior written approval of the City. The CC&Rs shall receive the City Attorney's approval prior to issuance of the first building permit for the proposed development. The Owner/Applicant shall deposit with the City the sum of $2,000 for purposes of the City Attorney's review of the CC&Rs. The deposit shall be increased by the Owner/Applicant on demand by the City as the City deems necessary, and any excess funds shall be promptly refunded to the Owner/Applicant following completion of review and approval of the CC&Rs by the City Attorney. 39. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its officials, officers, employees, and agents from and against any claim, action, 16 2013 or proceeding against the City of Arcadia, its officials, officers, employees or agents to attack, set aside, void, or annul any approval or conditional approval of the City of Arcadia concerning this project and/or land use decision, including but not limited to any approval or conditional approval of the City Council, Planning Commission, or City Staff, which action is brought within the time period provided for in Government Code Section 66499.37 or other provision of law applicable to this project or decision. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and/or land use decision and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officials, officers, employees, and agents in the defense of the matter. 40. Approval of PD 17-01, TTM 17-05 (77121), LLA 18-01, MFADR 17-06, TRE 18- 03, and TRH 18-03 shall not be of effect unless on or before 30 calendar days after Planning Commission adopts the Resolution, the property owner/applicant has executed and filed with the Planning & Community Development Administrator an Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. Mitigation Measures as Conditions of Approval The following conditions are found in the Mitigation Monitoring and Reporting Program (MMRP). They are recorded here to facilitate review and implementation. More information on the timing and responsible parties for these mitigation measures is detailed in the MMRP. 41. Tree removal should not occur during the local nesting season (February 1 to September 15 for nesting birds and February 1 to June 30 for nesting raptors), to the extent practicable. If any construction or tree removal occurs during the nesting season, a nesting bird survey shall be conducted by a qualified biologist prior to commencement of grading or removal of any trees on the property. If the biologist determines that nesting birds are present, restrictions may be placed on construction activities in the vicinity of the nest observed until the nest is no longer active, as determined by a qualified biologist. The size of the protective barrier will be determined by the biologist based on the location of the nest, type of construction activities, the existing human activity in the vicinity of the nest and the sensitivity of the nesting species. Grading and/or construction may resume in this area when a qualified biologist has determined the nest is no longer occupied and all juveniles have fledged. This measure shall be implemented to the satisfaction of the City Planning Services. 42. Prior to issuance of a building permit, the developer shall demonstrate the project landscaping plan and planned construction is consistent with the City's Tree 17 2013 Protection Ordinance and Tree Study prepared by California Arbor Care dated January 8, 2018 (IS/MND Appendix H) or any subsequent revision or addition approved by the City.. All tree protection activities shall be consistent with the Tree Study and include but not be limited to: 1) The four Coast live oak trees located north of the site on the church and residential property (Tree Study Pages 8-9, Trees 23, 24, 40, and 42) shall be protected in place by incorporating a bridging technique over their root systems within the new wall and trimming the canopy of the tree per Tree Study specifications. 2) The wall footing near the five Carrotwood trees along the western boundary of the site (Tree Study Pages 8-9, Trees 15-20) shall be designed to minimize impacts on the tree roots per the Tree Study specifications. 3) The two Holly Oak and one Magnolia trees (offsite City street trees) along the west side of Santa Anita Avenue (Tree Study Pages 8-9, Trees 43-45) shall be trimmed to allow equipment or scaffolding clearance. 4) The seven Ficus trees (offsite City street trees) along the north side of W. Live Oak Avenue/Las Tunas (Tree Study Pages 8-9, Trees 7-13) shall be removed and replaced with appropriate street trees designated by the City. 5) Tree protection fencing shall be installed around the driplines of each protected tree during construction per the specifications of the Tree Study. This will help prevent root compaction from vehicles and help avoid damaging protected trees while allowing equipment or scaffolding clearance during construction. 6) During all construction activities, the following restrictions shall be observed around all protected trees identified in the Tree Study: • Avoid damaging the roots, stem, and branches with mechanical and manual equipment. • Avoid soil compaction by prohibiting the use of heavy equipment such as backhoes and bobcats under the tree drip line. • Do not store or park tools, equipment, vehicles, or chemicals under the tree drip line. • Avoid washing of equipment and tools such as wheel barrels, shovels, and mechanical motors under the tree drip line. • Prevent flooding and pooling of service water under the drip line. 18 2013 • Avoid cutting tree roots whenever possible. This can be accomplished by bridging roots, tunneling, or radial trenching. If roots must be cut use a sharp tool that will make a clean flush cut and not tear the roots. If possible all digging under the tree drip line should be done manually to avoid tearing out of roots. • Construction personnel shall be briefed on the importance of the guidelines before construction begins and reminded of it during tailgate meetings and as necessary. A printed copy shall be posted where employees can be reminded of it. 43. Prior to issuance of a grading permit, a qualified project archaeologist (see CUL - 4) shall be retained and present at the pre -grading conference to establish procedures for temporarily halting or re -directing work to permit the sampling, identification and evaluation of artifacts if potentially significant artifacts are uncovered. If any resources are discovered during project grading, work shall be halted in that area so the project archaeologist can be present to assess the significance of the find. The project archaeologist shall observe the remaining earthmoving activities at the project site consistent with Public Resources Code Section 21083.2(b), (c), and (d). The monitor shall be equipped to record and salvage cultural resources that may be unearthed during grading activities. The monitor shall be empowered to temporarily halt or divert grading equipment to allow recording and removal of the unearthed resources. The monitor shall prepare a summary memo report of their work and submit it to the City Development Services Division within 60 days of the completion of grading. The project applicant shall obtain the services of a qualified Native American Monitor(s) during construction -related ground disturbance activities. Ground disturbance is defined by the Tribal Representatives from the Gabrielino Band of Mission Indians-Kizh Nation as activities that include, but are not limited to, pavement removal, pot -holing or auguring, grubbing, weed abatement, boring, grading, excavation, drilling, and trenching, within the project area. The monitor(s) must be approved by the Tribal Representatives and will be present on-site during the construction phases that involve any ground disturbing activities. The Native American Monitor(s) will complete monitoring logs on a daily basis. The logs will provide descriptions of the daily activities, including construction activities, locations, soil, and any cultural materials identified. The monitor(s) shall possess Hazardous Waste Operations and Emergency Response (HAZWOPER) certification. In addition, the monitor(s) will be required to provide insurance certificates, including liability insurance, for any archaeological resource(s) encountered during grading and excavation activities pertinent to the provisions outlined in the California Environmental Quality Act, California Public Resources Code Division 13, Section 21083.2 (a) through (k). The on-site monitoring shall end when the project site grading and excavation 19 2013 activities are completed, or when the Tribal Representatives and monitor have indicated that the site has a low potential for archeological resources. 44. All archaeological resources unearthed by project construction activities shall be evaluated by the Qualified Archaeologist and Native Monitor. If the resources are Native American in origin, the Tribe shall coordinate with the landowner regarding treatment and curation of these resources. Typically, the Tribe will request reburial or preservation for educational purposes. If a resource is determined by the Qualified Archaeologist to constitute a "historical resource" pursuant to CEQA Guidelines Section 15064.5(a) or has a "unique archaeological resource" pursuant to Public Resources Code Section 21083.2(g), the Qualified Archaeologist shall coordinate with the applicant and the City to develop a formal treatment plan that would serve to reduce impacts to the resources. The treatment plan established for the resources shall be in accordance with CEQA Guidelines Section 15064.5(f) for historical resources and Public Resources Code Sections 21083.2(b) for unique archaeological resources. Preservation in place (i.e., avoidance) is the preferred manner of treatment. If preservation in place is not feasible, treatment may include implementation of archaeological data recovery excavations to remove the resource along with subsequent laboratory processing and analysis. Any historic archaeological material that is not Native American in origin shall be curated at a public, non-profit institution with a research interest in the materials, such as the Natural History Museum of Los Angeles County or the Fowler Museum, if such an institution agrees to accept the material. If no institution accepts the archaeological material, they shall be donated to a local school or historical society in the area for educational purposes. 45. Archaeological and Native American monitoring and excavation during construction projects will be consistent with current professional standards. All feasible care to avoid any unnecessary disturbance, physical modification, or separation of human remains and associated funerary objects shall be taken. Principal personnel must meet the Secretary of Interior standards for archaeology and have a minimum of 10 years of experience as a principal investigator working with Tribal Cultural Resources in southern California. The Qualified Archaeologist shall ensure that all other personnel are appropriately trained and qualified. 46. If paleontological resources (fossils) are discovered during project grading, work will be halted in that area until a qualified paleontologist can be retained to assess the significance of the find. The project paleontologist shall monitor remaining earthmoving activities at the project site and shall be equipped to record and salvage fossil resources that may be unearthed during grading activities. The paleontologist shall be empowered to temporarily halt or divert 20 2013 grading equipment to allow recording and removal of the unearthed resources. Any fossils found shall be evaluated in accordance with the CEQA Guidelines and offered for curation at an accredited facility approved by the City of Arcadia. Once grading activities have ceased or the paleontologist determines that monitoring is no longer necessary, monitoring activities shall be discontinued. This measure may be combined with CUL -1 at the discretion of the City Development Services Division. 47. In the event of an accidental discovery or recognition of any human remains, California State Health and Safety Code § 7050.5 dictates that no further disturbance shall occur until the County Coroner has made the necessary findings as to origin and disposition pursuant to CEQA regulations and PRC § 5097.98. If human remains are found, the LA County Coroner's office shall be contacted to determine if the remains are recent or of Native American significance. Prior to issuance of a grading permit, the developer shall include a note to this effect on the grading plans for the project. 48. Prior to issuance of a grading permit, the developer shall demonstrate that project plans have incorporated the recommendations of the final project geotechnical study prepared by Albus-Keefe & Associates, Inc. During grading and construction, the project shall comply with requirements outlined in the final project geotechnical study. This measure shall be implemented to the satisfaction of the Arcadia Engineering Services Division. 49. Prior to the issuance of any demolition permits, the applicant shall provide evidence to the City that a pre -demolition survey for asbestos -containing materials (AGMs) and lead-based paint (LBP) has been conducted on any buildings to be demolished. If for any reason ACM's or LBP's are detected, Mitigation Measure HAZ-2 shall be implemented. 50. In the event of any asbestos -containing materials (AGMs) or lead-based paint (LBP) are detected found during the pre -construction survey outlined in Mitigation Measure HAZ-1, the applicant shall provide evidence to the City that all ACMs and LBP has been removed and disposed of according to applicable laws and regulations, as outlined in "Steps to Lead Safe Removal, Renovation, and Disposal" (U.S. EPA -740-K-11-001) issued October 2011 (www.epa.gov/lead) for LBP and "Standards for Demolition and Removal" (40 CFR Section 61.145) under the Asbestos National Emission Standard for Hazardous Air Pollutants (NESHAP)(www.epa.gov/asbestos) for ACMs. 51. Prior to the issuance of a building permit, the applicant shall provide evidence to the City that any area covered by the building permit that has soils contaminated by agricultural chemicals identified in the Phase I and Phase II Environmental Site Assessments for the project site has been effectively remediated and/or 21 2013 removed from the site, or demonstrate that the underlying soil does not exceed the applicable state Department of Toxic Substances Control (DTSC) or California Code of Regulations (CCR) Title 22 hazardous waste criteria or contamination standards for commercial or residential land uses as appropriate. 52. Prior to the issuance of an occupancy permit, the applicant shall demonstrate that a passive vapor mitigation system (PVMS) has been installed as part of project construction and is operating at designed specifications per the recommendations of the Phase II report (Stantec, March 8, 2017) including Figure 3 of the Stantec report regarding the location of vapor barrier locations testing. The system shall be designed to preclude entry of water into the system which would nullify potential contaminant measurements. This system must have the ability to be converted to an active monitoring system if the passive operation is not sufficient. This measure shall be implemented to the satisfaction of the Fire Department, Building Services, and Planning Services in consultation with the Los Angeles County Solid Waste Management Program/Local Enforcement Agency (LEA) and/or the local Certified Unified Program (CUPA) under the Los Angeles County Fire Department Health Hazardous Materials Division as appropriate regarding certification of the PVMS. 53. Within one year after issuance of a Certificate of Occupancy for the entire residential development, the Passive Vapor Mitigation System (PVMS) shall be tested and the results provided to the City Planning Services Division. Indications of elevated Volatile Organic Compounds (VOCs) shall require repair/redesign of the PVMS or, if deemed necessary by the City, installation of an Active Vapor Mitigation System. Additional testing shall be conducted within three months of any repairs or systems changes. The Developer shall submit a copy of the paid contract for this testing within three weeks after the project approval and the results provided to the City Planning Services Division. This measure shall be completed to the satisfaction of the City Fire Department and Development Services Department. 54. As an equivalent alternative to HAZ-4 and HAZ-5, the applicant may obtain a certification of remediation from a licensed geotechnical engineer or geologist after completion of onsite grading but prior to issuance of any building permits. The certification must conclude the project and site will not constitute a public health hazard or substantial risk beyond applicable standards, and cite the applicable standards residential and commercial standards as appropriate. It must further state that no active or passive vapor mitigation system is needed based on the results of the site remediation, and must be supported by appropriate onsite soil sampling and laboratory testing. If this measure is implemented to the satisfaction of applicable divisions within the Development 22 2013 Services Division, in consultation with the Los Angeles County Solid Waste Management Program/Local Enforcement Agency (LEA) and/or the local Certified Unified Program (CUPA) under the Los Angeles County Fire Department Health Hazardous Material Division, the project will not have to implement HAZ-4 and HAZ-5. 55. Prior to issuance of a grading permit, the developer shall file a Notice of Intent (NO[) with the State Water Resource Control Board to be covered under the National Pollutant Discharge Elimination System (NPDES) General Construction Permit for discharge of storm water associated with construction activities. The project developer shall submit to the City the Waste Discharge Identification Number issued by the State Water Resource Control Board (SWRCB) as proof that the project's NOI to be covered by the General Construction Permit has been filed with the SWRCB. This measure shall be implemented to the satisfaction of the City Engineer. 56. Prior to issuance of a grading permit, the developer shall submit to the State Water Resource Control Board (SWRCB) and receive approval for a project - specific Storm Water Pollution Prevention Plan (SWPPP). The SWPPP shall include a surface water control plan and Erosion and Sediment Control Plan citing specific measures to control onsite and offsite erosion during the entire grading and construction period. In addition, the SWPPP shall emphasize structural and nonstructural best management practices (BMPs) to control sediment and non-visible discharges from the site. BMPs to be implemented may include (but shall not be limited to) the following: • Potential sediment discharges from the site may be controlled by the following: sandbags, silt fences, straw wattles, fiber rolls, a temporary debris basin (if deemed necessary), and other discharge control devices. The construction and condition of the BMPs are to be periodically inspected by the SWRCB during construction, and repairs would be made as required. • Area drains within the construction area must be provided with inlet protection. Minimum standards are sandbag barriers, or two layers of sandbags with filter fabric over the grate, properly designed standpipes, or other measures as appropriate. • Materials that have the potential to contribute non-visible pollutants to storm water must not be placed in drainage ways and must be placed in temporary storage containment areas. • All loose soil, silt, clay, sand, debris, and other earthen material shall be controlled to eliminate discharge from the site. Temporary soil stabilization 23 2013 measures to be considered include: covering disturbed areas with mulch, temporary seeding, soil stabilizing binders, fiber rolls or blankets, temporary vegetation, and permanent seeding. Stockpiles shall be surrounded by silt fences and covered with plastic tarps. • Implement good housekeeping practices such as creating a waste collection area, putting lids on waste and material containers, and cleaning up spills immediately. • The SWPPP shall include inspection forms for routine monitoring of the site during the construction phase. • Additional required BMPs and erosion control measures shall be documented in the SWPPP. The SWPPP would be kept on site for the duration of project construction and shall be available to the State Water Resource Control Board for inspection. The developer and/or construction contractor shall be responsible for performing and documenting the application of BMPs identified in the project -specific SWPPP. Regular inspections shall be performed on sediment control measures called for in the SWPPP. Monthly reports shall be maintained and available for City inspection. An inspection log shall be maintained for the project and shall be available at the site for review by the City and the State Water Resource Control Board as appropriate. 57. Prior to issuance of a grading permit, the applicant shall prepare a Low Impact Development (LID) Plan, and the site plans shall illustrate the various long-term water quality control features to be installed on this project consistent with the City's LID Ordinance as codified in the City's Municipal Code (MC) Section 8, Stormwater Management and Discharge Control, Sections 7810-7840. The LID Plan and site development plans shall incorporate the following Best Management Practices (BMPs) as outlined in MC Sections 7823 and 7828 as appropriate to control pollutant runoff and to reduce impacts to water quality to the maximum extent practicable: • Divert roof runoff to landscaped areas before discharge. • Divert surface flow to landscaped areas. • Maximize permeable areas and minimize impermeable areas per City MC Section 7828(B). • Retain storm water runoff onsite per City MC Section 7828(C). • Provide biofiltration or other appropriate onsite treatment for runoff that cannot be retained onsite per City MC Section 7828(C). 24 2013 • Maximize interception and water conservation by planting native and/or drought -tolerant plants. Install an irrigation system and provide landscape maintenance to minimize water runoff. • Provide regular mechanical sweeping of private streets and parking lots. • Provide regular drainage facility inspection and maintenance per City LID guidelines. This measure shall be implemented to the satisfaction of the City Engineer, City Public Works Department, and City Planning Department as appropriate, consistent with the City's LID Ordinance. 58. Prior to issuance of grading and building permits, the developer shall prepare a Construction Noise Control Plan (CNCP) and will submit the plan the City for review and approval. The plan shall include but will not be limited to the following: • During all project site excavation and grading, contractors shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers consistent with manufacturers' standards. • The project contractor shall place all stationary construction equipment so that emitted noise is directed away from sensitive receptors nearest the project site. • The construction contractor shall locate equipment staging in areas that will create the greatest distance between construction -related noise sources and noise -sensitive receptors nearest the project site during all project construction. • The construction contractor shall use light construction equipment (e.g. small bulldozers and trucks) within 5 feet of the northern and western project construction boundaries to the extent practical to reduce potential noise and vibration impacts on adjacent land uses. • During all project site construction, the construction contractor shall limit all construction -related activities, including maintenance of construction equipment and the staging of haul trucks, to between the hours of 7:00 a.m. to 6:00 p.m. Monday through Friday and 8:00 a.m. to 5:00 p.m. on Saturday. No construction is permitted on Sundays and government code holidays. 59. Prior to the issuance of a building permit, the applicant shall show proof to the City's Planning Department that windows with STC -29 or higher ratings have been installed on frontline units adjacent to Santa Anita Avenue. 25 2013 60. Prior to the issuance of a building permit, the applicant shall show proof to the City's Planning Department that mechanical ventilation systems such as air conditioning will be installed on residential units to ensure that windows can remain closed for prolonged periods of time. 61. Prior to issuance of the first occupancy permit, the applicant shall provide the City with a copy of a notice that will be provided to prospective tenants or buyers of the live/work units along Las Tunas and the residential units facing Santa Anita Avenue that states noise levels may be higher than a typical suburban residential area. 62. Prior to the issuance of an occupancy permit for the new commercial building, a minimum six-foot high block wall shall be constructed on the north and west sides of the new commercial building and on the north side of the existing Starbuck's to help reduce potential noise impacts on project residents. This measure shall be implemented to the satisfaction of the City Planning Department. 63. No invasive tree species shall be planted along the northwest property lines adjacent to single-family residential zones. 26 2013