HomeMy WebLinkAboutItem 1 - 56 E. Duarte Road - Amendment to CUP 15-02
DATE: June 26, 2018
TO: Honorable Chairman and Planning Commission
FROM: Lisa Flores, Planning & Community Development Administrator
By: Tim Schwehr, Economic Development Analyst
SUBJECT: RESOLUTION NO. 2016 – APPROVING AN AMENDMENT TO
CONDITIONAL USE PERMIT NO. CUP 15-02 WITH A CATEGORICAL
EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT (CEQA) TO AMEND THE APPROVED COMMERCIAL USES FOR
THE MIXED-USE DEVELOPMENT AT 56 E. DUARTE ROAD
Recommendation: Adopt Resolution No. 2016
SUMMARY
The applicant, Mr. Jason Mak of Pacific Plaza Arcadia LLC, is requesting approval of an
amendment to Conditional Use Permit Application No. CUP 15-02 to revise the
approved commercial uses for the mixed-use development that is currently under
construction at 56 E. Duarte Road. It is recommended that the Planning Commission
adopt Resolution No. 2016 (Attachment No. 1) and find this project Categorically
Exempt under CEQA and approve the Conditional Use Permit Amendment, subject to
the amended conditions listed in this staff report.
BACKGROUND
The subject property is 72,559 square feet (1.66 acres), zoned Mixed-Use (MU), and is
currently under construction with a three story mixed-use development. The
development project consists of 37 residential units above 18,926 square feet of ground
floor commercial space, and 251 on-site parking spaces in a two and one-half level
semi-subterranean structure (see Attachment No. 2 for aerial map and site photos). The
development was approved in December 2015 and included a General Plan
Amendment, Zone Change, Tentative Tract Map, Architectural Design Review approval,
and a Conditional Use Permit (see Attachment No. 5). At the time of approval, the
proposed commercial uses for the project consisted of a 9,820 square foot grocery
store; a 5,080 square foot bakery; and a 4,460 square foot restaurant. To ensure the
commercial tenants were consistent with or a similar quality to those proposed, the
Planning Commission and City Council included a condition of approval for the
development, stating:
Amendment to CUP 15-02
56 E. Duarte Road
June 26, 2018
Page 2 of 14
The Conditional Use Permit for this project allows the following uses: a grocery
store with sale of alcoholic beverages; department stores and other high end
retail uses; and up to 9,540 square feet of restaurant/bakery space with alcoholic
beverage service. Minor deviations from these approved uses shall be subject to
the review and approval of the Development Services Director, or designee. Any
deviations deemed by the Development Services Director, or designee, to be
more than minor in type or scope shall be subject to approval of a separate
Conditional Use Permit.
Following entitlement approval, the intended grocery store for the project (Lohas
Market) did not follow through on their letter of intent to locate in the development,
instead choosing to open in an existing commercial building on Baldwin Avenue. 85C
Degree Bakery and a shabu-shabu restaurant (Mo-Mo-Paradise) have signed leases
and will occupy a total area of 7,335 square feet of the project. Both are currently in
plan-check for their tenant improvements. For the remaining commercial space,
ownership states there has been substantial interest from other food and beverage
users to locate in the development, but little to no interest from traditional retailers,
particularly department stores or high end retail businesses that would fit within the
project’s condition of approval. As such, beginning in mid-2017, ownership engaged
staff about a potential amendment to this condition that would allow the remaining
commercial space to be leased to other users besides department stores or high-end
retail.
PROPOSAL
The proposed amendment to Conditional Use Permit No. CUP 15-02 would allow up to
10,674 square feet of large restaurant/bakery area with or without alcoholic beverage
service, and up to 1,500 square feet of small restaurant area. The remainder of the
commercial space will be used for retail unless otherwise approved by the City through
a separate entitlement review application. The amendment would also eliminate the
term “high end” from the conditions of approval as this term is not defined in the City’s
Development Code and as such is difficult to comply with and objectively enforce. The
proposed redline changes to the current condition are shown below:
The Conditional Use Permit for this project allows the following uses: a grocery
store with sale of alcoholic beverages; department stores and other high end retail
uses; and up to 9,540 10,674 square feet of large restaurant/bakery space area
with or without alcoholic beverage service, and up to 1,500 square feet of small
restaurant area. The remainder of the commercial area shall consist of retail uses
unless otherwise approved through a separate Planning application. Minor
deviations from these approved uses shall be subject to the review and approval of
the Development Services Director, or designee. Any deviations deemed by the
Development Services Director, or designee, to be more than minor in type or
scope shall be subject to approval of a separate Conditional Use Permit.
Amendment to CUP 15-02
56 E. Duarte Road
June 26, 2018
Page 3 of 14
The proposed condition is worded to allow for flexibility in future tenant changes without
having to continuously amend the mixed-use development’s Conditional Use Permit. If
approved, ownership has tenants lined up to lease the majority of the available floor
area. This includes a 2,740 square foot bank and a 1,572 square foot dance studio that
will be required to submit a separate Minor Use Permit Application for their respective
uses, per the requirements of the MU, Mixed-Use Zone. The proposed commercial
spaces and tenant locations, including the prospective bank and dance studio, are
shown on the site plan and floor plans included as Attachment No. 3. Other than the
proposed amendment to condition of approval no. 1, no other changes are proposed.
AN ALYSIS
The proposed amended mix of commercial uses has a parking requirement of 149
spaces, and the project supplies 158 parking spaces for the commercial uses for a
parking surplus of nine spaces. An additional 70 parking spaces are required by code
for the 37 residential units, and 93 spaces are provided by the development for a
surplus of 23 spaces for the residential units. Table 1 lists the parking requirements for
the amended commercial uses, and Table 2 lists the total parking requirements and
parking provided for the mixed-use development.
Use Sf Parking Code
Calculations
Requirement
Commercial A 9,467
101 – Large Restaurant 3,735 1 per 100 sf 37
102 – Large Restaurant
(85 C Bakery)
3,600 1 per 100 sf 36
103 – Retail 1,755 1per 200 sf 9
Common area Bldg A 377 1 per 200 sf 2
Commercial B 9,510
105 – Retail (dance
studio plans to apply for
Minor Use Permit)
1,572 1 per 200 sf 8 (approx. 10-13 spaces as
dance studio depending on
specific layout)
106 – Small Restaurant
(Dessert Shop)
1,500 1 per 200sf 8
107 – Large Restaurant 3,339 1 per 100sf 34
108 – Retail (bank plans
to apply for Minor Use
Permit)
2,740 1 per 200sf 14 (11 if used as a bank)
Common area Bldg B 308 1 per 200sf 2
Total 18,926 149 = 149 spaces
(Total with bank &
dance studio)
(148-151 spaces)
Table 1: Parking Requirements for Proposed Commercial Uses
Amendment to CUP 15-02
56 E. Duarte Road
June 26, 2018
Page 4 of 14
Type Required Provided Surplus
Commercial 149 158 9
Residential Units
(1.5/unit)
57 74 17
Residential Guest (1 per
3 units)
13 19 6
Table 2: Revised Parking Requirement and Parking Provided for Development
An Addendum to the original traffic study for the project was completed by LSA
Associates Inc. that analyzes the amended mix of commercial uses (refer to Attachment
4). The Addendum finds that there will be no additional impacts to traffic beyond those
evaluated and mitigated as part of the original development project. The City Engineer
has reviewed the addendum and is in agreement with the findings. The proposed
amendment has been reviewed by the various City Departments, including Arcadia
Police & Fire Departments, and there are no objections to the proposed amendment.
From an Economic Development and City Planning perspective, the amended mix of
commercial uses is consistent with the original intent of the condition of approval, which
was to provide a high quality tenant mix for the development. Recognizing that market
demand is limited for traditional retail in Arcadia outside of Westfield Santa Anita Mall,
the proposed amendment will facilitate leasing of the ground floor and a successful
commercial component for the mixed-use development. The project will continue to
comply with all City requirements, including on-site parking, and will remain within the
parameters of the traffic analysis and traffic mitigation measures. The amended project
is consistent with the General Plan Mixed-Use Designation of the site as described
below:
The Mixed Use designation provides opportunities for commercial and residential
mixed-use development that takes advantage of easy access to transit and
proximity to employment centers, and that provide complementary mixes of uses
that support and encourage pedestrian activity. Mixed-use districts support
commercial uses that integrate well with residential activity without creating
conflicts.
FINDINGS
Section 9107.09.050(B) of the Development Code requires that the Planning
Commission may approve an amendment to a Conditional Use Permit only if it first
makes all of the following findings:
1. The proposed use is consistent with the General Plan and any applicable
specific plan.
Facts to Support This Finding: The 2015 Initial Study/Mitigated Negative
Declaration for the project analyzed all the potential impacts and, with mitigation
measures, no new impacts would occur as a result of the Amendment to the original
Amendment to CUP 15-02
56 E. Duarte Road
June 26, 2018
Page 5 of 14
Conditional Use Permit. The Amendment is consistent with the goals and policies of
the Arcadia General Plan as listed below. Therefore, the proposed Amendment to
the Conditional Use Permit would not be detrimental to the public health and welfare.
Land Use and Community Design Element
Goal LU-6: Attractive and vibrant commercial corridors that provide for the
retail, commercial, and office needs of Arcadia with extended opportunities for
mixed-use development.
Policy LU-6.5: Where mixed use is permitted, promote commercial uses that
are complementary to adjacent residential uses.
Economic Development Element
Goal ED-1: A mix of land uses and development incentives that work to
retain existing businesses and attract new enterprise that generate tax
revenues and high-quality jobs.
Policy ED-1.9: Tailor regulations to respond to market changes, maximize
revenue, and maintain the appropriate business mix.
2. The proposed uses are allowed within the applicable zone, subject to the
granting of a Conditional Use Permit, and complies with all other applicable
provisions of the Development Code and the Municipal Code.
Facts to Support This Finding: The site is zoned MU, Mixed Use. Per Arcadia
Development Code Section 9102.05.020, Table 2-10, the proposed uses are
allowable use in the MU zone. The proposed amendment is in compliance with all
applicable provisions of the Development Code and the Arcadia Municipal Code ,
including on-site parking requirements for the amended uses.
3. The design, location, size, and operating characteristics of the proposed
activity will be compatible with the existing and future land uses in the vicinity.
Facts to Support This Finding: The amended commercial uses are allowed in the
MU, Mixed Use zoning of the property and are similar in nature to those originally
approved for the mixed-use project. All operating characteristics will be compatible
with existing and future land uses in the vicinity.
4. The site is physically suitable in terms of:
a. Its design, location, shape, size, and operating characteristics of the
proposed use in order to accommodate the use, and all fences,
landscaping, loading, parking, spaces, walls, yards, and other features
required to adjust the use with the land and uses in the neighborhood;
Amendment to CUP 15-02
56 E. Duarte Road
June 26, 2018
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Facts to Support This Finding: The site is being developed with a new mixed-
use development that is physically suitable to accommodate the amended
commercial uses. The commercial uses will comply with all applicable fire codes
and building and safety codes. The development includes a two and one-half
level semi-subterranean parking structure with 158 dedicated commercial spaces
and the amended commercial uses have a parking requirement of 149 spaces for
a nine space surplus.
b. Streets and highways adequate in width and pavement type to
accommodate public and emergency vehicle (e.g., fire and medical) access.
Facts to Support This Finding: This is a corner property located on First
Avenue and Duarte Road, which are both designated and designed with the
capacity to accommodate both public and emergency vehicles. These streets are
adequate in width and pavement type to carry the traffic that could be generated
by the amended list of commercial uses. There is also a public alley abutting the
south-side of the property. The proposed amendments will not impact these right-
of-ways.
c. Public protection services (e.g., fire protection, police protection, etc.).
Facts to Support This Finding: The subject property is currently under
construction for a new mixed-use development that complies with all safety
requirements. The proposed amendment will not create any additional needs for
public protection services beyond those already approved and implemented for
the project.
d. The provision of utilities (e.g., potable water, schools, solid waste
collection and disposal, storm drainage, wastewater collection, treatment,
and disposal, etc.).
Facts to Support This Finding: The subject property is currently under
construction for a new mixed-use development. There are adequate utilities to
service the new development. There will be no additional impact to utilities from
the proposed amendment.
5. The measure of site suitability shall be required to ensure that the type,
density, and intensity of use being proposed will not adversely affect the
public convenience, health, interest, safety, or general welfare, constitute a
nuisance, or be materially injurious to the improvements, persons, property,
or uses in the vicinity and zone in which the property is located.
Facts to Support This Finding: The amended uses are permitted in the MU Zone
and are suitable for the site. The size and nature of the amended uses will not
negatively affect the subject lot nor the surrounding uses and properties. The on-site
Amendment to CUP 15-02
56 E. Duarte Road
June 26, 2018
Page 7 of 14
parking is adequate to accommodate the amended commercial uses. The
amendment is consistent with the General Plan Mixed Use designation of the site.
The proposed amendment to Conditional Use Permit No. CUP 15-02 will satisfy each
prerequisite condition.
ENVIRONMENTAL IMPACT
All of the mitigation measures for the development project under construction at the
project site will remain in place. If it is determined that no significant physical alterations
to the site and/or approved development project are necessary, then this project
qualifies as a Class 3 Categorical Exemption per the provisions of the California
Environmental Quality Act (CEQA) pursuant to Section 15303 of the CEQA Guidelines.
Refer to Attachment No. 6 for the Preliminary Exemption Assessment.
PUBLIC COMMENTS/NOTICE
Public hearing notices for this item were published in the Arcadia Weekly and mailed to
the owners of those properties that are located within 300 feet of the subject property on
June 15, 2018. As of June 20, 2018, staff has not received any public comments on this
project.
RECOMMENDATION
It is recommended that the Planning Commission adopt Resolution No. 2016 approving
an amendment to Conditional Use Permit No. CUP 15-02 and find that the project is
Categorically Exempt under the California Environmental Quality Act (CEQA), subject to
the amended conditions of approval below.
1. The Conditional Use Permit for this project allows the following uses: a grocery
store with sale of alcoholic beverages; department stores and other high end
retail uses; and up to 9, 540 square-feet of restaurant/bakery space with
alcoholic beverage service. Minor deviations from these approved uses shall be
subject to the review and approval of the Development Services Director, or
designee. Any deviations deemed by the Development Services Director, or
designee, to be more than minor in type or scope shall be subject to approval of
a separate Conditional Use Permit.
1. The Conditional Use Permit for this project allows the following uses: up to
10,674 square feet of large restaurant/bakery area with or without alcoholic
beverage service, and up to 1,500 square feet of small restaurant area. The
remainder of the commercial area shall consist of retail uses unless otherwise
approved through a separate Planning application. Minor deviations from these
approved uses shall be subject to the review and approval of the Development
Services Director, or designee. Any deviations deemed by the Development
Amendment to CUP 15-02
56 E. Duarte Road
June 26, 2018
Page 8 of 14
Services Director, or designee, to be more than minor in type or scope shall be
subject to approval of a separate Conditional Use Permit.
2. Prior to issuance of a building permit for construction of the new building, the
applicant/property owner shall prepare and submit an operational security plan
that addresses on-site security for the commercial, residential, and parking
structure areas, subject to the review and approval of the Community
Development Administrator, or designee.
3. Construction for this project shall avoid using First Avenue as either the haul
route or staging area. Prior to issuance of a grading or building permit, the
developer shall prepare a haul route and staging plan for trucks hauling earth or
construction materials from the project site to where this material will be
disposed. The plan shall be reviewed and approved by the Arcadia Engineering
Services before a grading or building permit is issued by the City.
4. On the final construction drawings, the southeast vehicular driveway to the
parking structure shall be relocated to be a minimum of 60 feet from the east
property line as measured to the nearest point of the driveway. The specific
location shall be subject to the review and approval of the Community
Development Administrator, or designee.
5. The commercial uses shall not be open for business more than twenty (20)
hours per day, nor anytime between 1:00 a.m. and 5:00 a.m.; otherwise a
separate Conditional Use Permit shall be required.
6. Storage of bikes, toys, laundry, clothing, or any other types of storage is
prohibited on any balcony or private patio area when said items are visible from
any public right-of-way. All patio furniture, patio decorations, barbeque
equipment, landscaping, and other patio items visible from the public right-of-
way shall be consistent in type and appearance with the City’s pro perty
maintenance standards and architectural design guidelines. This requirement
shall be included in the CC&R’s for the residential condominiums.
7. Outdoor seating along First Avenue shall be restricted to the area directly
adjacent to the commercial space itself, and shall not extend in front of the
parking structure.
8. On the final construction drawings, the gray stucco molding above the
commercial level shall be revised to either a precast concrete molding or a
decorative brick cap to match the brick veneer material of the ground floor,
subject to the review and approval of the Community Development
Administrator, or designee.
9. The delivery hours for the commercial uses shall be limited to between 7 a.m.
and 10 p.m., seven days a week.
Amendment to CUP 15-02
56 E. Duarte Road
June 26, 2018
Page 9 of 14
10. Rooftop air conditioning units placed within 75 feet of the south property
boundary shall be enclosed at the south, west, and east sides by noise reducing
screen walls, subject to the review and approval of the Community Development
Administrator, or designee.
11. The applicant/property owner shall pay the cost in its entirety for an independent
contract planner/inspector to assist the City with the monitoring and reporting of
the required mitigation measures outlined in the Mitigated Negative Declaration.
The scope of work and selection of the contract planner/inspector shall be
determined by the Development Services Department, and an agreement shall
be entered into between the City and the contract planner/inspector as a
consultant, in a form and substance approved by the City Attorney, and shall be
executed prior to issuance of any building permits. The applicant/property
owner shall deposit with the City in advance of the execution of said agreement,
a sum of money deemed by the City, solely in its discretion, to be adequate to
pay the consultant for such services, and to replenish such deposit from time to
time as deemed necessary by the City.
12. The applicant/property owner shall comply with all City requirements regarding
building safety, fire prevention, detection, suppression, emergency access,
public right-of-way improvements, parking, water supply and water facilities,
sewer facilities, trash reduction and recycling requirements, and National
Pollutant Discharge Elimination System (NPDES) measures to the satisfaction
of the Building Official, Fire Marshal, Public Works Services Director and
Development Services Director, or their designees. Compliance with these
requirements is to be determined by having fully detailed construction plans
submitted for plan check review and approval by the foregoing City officials and
employees, and shall include, but shall not be limited to the following:
a. The Owner/Applicant will be required to pay a $125 map fee/final approval
fee prior to approval of the Tract Map.
b. Prior to approval of the Tract Map, submit a separate demolition and
erosion control plan prepared by a registered civil engineer subject to the
approval of the City Engineer, or designee.
c. Prior to approval of the Tract Map and/or issuance of a Certificate of
Occupancy for any portion of the building, the Owner/Applicant shall either
construct or post security for all public improvements to be shown on
Tentative Map 73453, and the following item(s):
The Owner/Applicant shall remove and replace the existing sidewalk, curb
and gutter along the property frontage of Duarte Road and First Avenue.
Amendment to CUP 15-02
56 E. Duarte Road
June 26, 2018
Page 10 of 14
The Owner/Applicant shall remove and replace the existing driveway
approaches along the entire property frontages on Duarte Road and First
Avenue as well as the alley approach on First Avenue.
The Owner/Applicant shall reconstruct the curb ramp at the corner of
Duarte Road and First Avenue to meet current ADA/accessibility
standards.
The Owner/Applicant shall remove and replace the existing asphalt alley
and concrete ribbon gutter to the south of the parcel per City Standard
from Property Line to Property Line.
The Owner/Applicant shall identify on the Tract Map the relocation of any
existing power poles.
d. The Owner/Applicant shall submit a Grading Plan prepared by a
registered civil engineer subject to the approval of the City Engineer, or
designee prior to issuance of a building permit.
e. The Owner/Applicant shall permanently restrict the access at the project
driveway on Duarte Road to a right-in/right-out driveway in accordance
with the recommended circulation improvements identified in the Traffic
Impact Analysis prepared by LSA Associates, Inc., dated September
2015.
f. The Owner/Applicant shall designate the property frontage along Duarte
Road as a, “No Parking Zone.”
g. The Owner/Applicant shall submit a Standard Urban Stormwater
Mitigation Plan in compliance with the City’s Low Impact Development
Ordinance, subject to the approval of the City Engineer, or designee prior
to the issuance of a building permit.
h. The Developer shall provide calculations to determine the maximum
domestic demand, maximum commercial demand, and maximum fire
demand in order to verify the required water service size.
i. The Developer shall provide separate water services and meters for the
residential, commercial, irrigation and fire services.
j. Domestic water service for the residential condominiums shall be provided
by a common master meter installed within the public right-of-way.
k. All fire services shall be isolated from domestic water services with
approved backflow prevention devices.
Amendment to CUP 15-02
56 E. Duarte Road
June 26, 2018
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l. A Water Meter Permit Application shall be submitted to the Public Works
Services Department and approved by the Public Works Services
Director, or designee prior to final plan check approval.
m. New water service installations shall be completed by the Developer.
Installations shall be according to the specifications of the Public Works
Services Department, Engineering Section. Abandonment of existing
water services, if necessary, shall be by the Developer, according to
Public Works Services Department, Engineering Section specifications.
n. Connection to the 15" sewer, owned by the Sanitation Districts of Los
Angeles County, in the First Avenue right-of-way shall require approval
from the Sanitation Districts of Los Angeles County and an encroachment
permit from the City.
o. Existing palm trees in the parkway on Duarte Road and First Avenue shall
remain. The Owner/Applicant shall remove the second tree south of
Duarte Road on First Avenue with a permit from the Public Works
Services Department and replace it with one 24" box Queen Palm.
p. The project is subject to the State Water Resources Control Board's
NPDES General Construction Permit requirements. The Owner/Applicant
shall submit a Notice of Intent along with applicable fees to the State of
California and shall prepare a Stormwater Pollution Prevention Plan. The
City will not issue a grading permit until a Waste Discharge ID Number is
furnished by the Owner/Applicant for this project.
q. The project is subject to City of Arcadia Industrial Waste requirements.
Prior to issuance of a building permit, the Owner/Applicant shall submit
two sets of plumbing plans to the Public Works Services Department for
their review and approval. Grease Interceptors shall be required for all
restaurant/café uses.
r. The design of the project shall comply with the applicable California
Residential Code and the City of Arcadia Construction Standards to the
satisfaction of the City Building Official or designee. Detailed shoring
plans shall be submitted to Building Services for review during the plan
check process.
s. All areas shall be fire sprinklered. The sprinkler systems serving
commercial areas and residential areas shall be segregated. The fire
sprinkler system shall be monitored by a UL listed central station.
Notification appliances shall be provided in all common areas and
residential areas.
Amendment to CUP 15-02
56 E. Duarte Road
June 26, 2018
Page 12 of 14
t. Class I standpipes shall be provided inside stairwells 1, 2, and 3 on all
levels including the roof. Minimum 2A:1 OBC fire extinguishers shall be
provided in all commercial/parking areas, and on the exterior of the ground
floor of the residential areas. Maximum travel distance to any extinguisher
shall be 75 feet.
u. Two new fire hydrants shall be provided adjacent to the project at the
south side of Duarte Road, and two new fire hydrants shall be provided at
the west side of First Avenue.
v. A Knox boxes shall be provided adjacent to the Lobby area and outside
stairwells 1 and 3 with keys to all common areas and to the commercial
units. Any automatic gates used in parking areas shall be equipped with a
Knox switch.
13. A water-efficient landscape and irrigation plan shall be submitted for plan check
to Building Services. The plans shall include irrigation from the project site to
landscaping within the public rights-of-way.
14. An exterior lighting and parking structure lighting plan and photometric study
showing that light and glare will not exceed one foot-candle at any property line,
shall be submitted to Planning Services for review and approval prior to
issuance of a building permit. The approved lighting shall be installed prior to
final inspection approval and occupancy.
15. Satellite dishes shall not be placed where they are visible from public rights-of-
way. This requirement shall be included in the CC&R’s for the residential
condominiums.
16. The property owner/applicant shall provide trash collection services as often as
necessary to ensure that there is no buildup of trash on the site or within the
building. Trash placement outside of an authorized trash container is prohibited.
Storage of trash bins or trash or recycling containers outside of the building for
more than 18 hours is prohibited.
17. The applicant shall defend, indemnify, and hold harmless the City of Arcadia
and its officials, officers, employees, and agents from and against any claim,
action, or proceeding against the City of Arcadia, its officials, officers,
employees or agents to attack, set aside, void, or annul any approval or
conditional approval of the City of Arcadia concerning this project and/or land
use decision, including but not limited to any approval or conditional approval of
the City Council, Planning Commission, Modification Committee, or City Staff,
which action is brought within the time period provided for in Government Code
Section 66499.37 or other provision of law applicable to this project or decision.
The City shall promptly notify the applicant of any claim, action, or proceeding
Amendment to CUP 15-02
56 E. Duarte Road
June 26, 2018
Page 13 of 14
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.
18. Shopping carts provided by any commercial tenants shall be equipped with
technology to prevent removal from the site, subject to the review and approval
of the Development Services Director, or designee.
19. No more than one-third of the residential units shall be available for rental.
20. Approval of this Amendment shall not be of effect unless on or before 30
calendar days after approval of this project, the property owner/applicant has
executed and filed with the Community Development Administrator or designee
an Acceptance Form available from the Development Services Department to
indicate awareness and acceptance of these conditions of approval.
PLANNING COMMISSION ACTION
Approval
If the Planning Commission intends to approve this proposal, the Commission should
approve a motion to approve an amendment to Conditional Use Permit No. CUP 15-02,
stating that the proposal satisfies the requisite findings, and adopting the attached
Resolution No. 2016 that incorporates the requisite environmental and Conditional Use
Permit findings and the amended conditions of approval as presented in this staff report,
or as modified by the Commission.
Denial
If the Planning Commission intends to deny this proposal, the Commission should
approve a motion to deny the amendment to Conditional Use Permit No. CUP 15-02,
stating that the finding(s) of the proposal does not satisfy with reasons based on the
record, and direct staff to prepare a resolution for adoption at the next meeting that
incorporates the Commission’s decision and specific findings.
If any Planning Commissioner or other interested party has any questions or comments
regarding this matter prior to the June 26, 2018 hearing, please contact Tim Schwehr,
Economic Development Analyst at 626-574-5409, or by email at
Tschwehr@ArcadiaCA.gov .
Amendment to CUP 15-02
56 E. Duarte Road
June 26, 2018
Page 14 of 14
Approved:
Lisa L. Flores
Planning/Community Development Administrator
Attachment No. 1: Resolution No. 2016
Attachment No. 2: Aerial Photo and Zoning Information and Photos of the Subject
Property and Surrounding Properties
Attachment No. 3: Site Plan and Floor Plans with Proposed Amended Uses, and
Project Renderings
Attachment No. 4: Addendum to Traffic Analysis
Attachment No. 5: December 15, 2015 Staff Report and Resolution No. 7101
Attachment No. 6: Preliminary Exemption Assessment
Attachment No. 1
Attachment No. 1
Resolution No. 2016
Attachment No. 2
Attachment No. 2
Aerial Photo and Zoning Information and
Photos of the Subject Property and
Surrounding Properties
Subject Property – Duarte Road frontage
Subject Property – Duarte Road frontage
Subject Property – First Ave frontage
Subject Property – First Ave frontage
Subject Property – Alley frontage
Subject Property – commercial space
North of subject property
North of subject property
East of subject property
East of subject property
West of subject property
South of subject property – church showing First Ave & alley frontages
South of subject property – condominiums showing Christina St. frontage
Attachment No. 3
Attachment No. 3
Site Plan and Floor Plans with Proposed
Amended Uses, and Project Renderings
Attachment No. 4
Attachment No. 4
Addendum to Traffic Analysis
5/30/18 (R:\PLA1801\Traffic\Trip Gen Memo\Pacific Plaza Mixed Use_Trip Gen Memo.docx)
BERKELEY
CARLSBAD
FRESNO
IRVINE
PALM SPRINGS
POINT RICHMOND
RIVERSIDE
ROCKLIN
SAN LUIS OBISPO
1500 Iowa Avenue, Suite 200, Riverside, California 92507 951.781.9310 www.lsa.net
May 30, 2018
Mr. Jason Mak
Pacific Plaza Arcadia LLC
9661 E. Las Tunas Drive
Temple City, California 91780
Subject: Pacific Plaza Mixed‐Use Project ‐ Trip Generation Memorandum
(LSA Project No. PLA1801)
Dear Mr. Mak:
LSA is under contract to prepare a trip generation memorandum for the proposed Pacific Plaza
Mixed‐Use Project in the City of Arcadia (City). The project is located at 56 East Duarte Road, on the
southwest corner of the intersection of First Avenue and Duarte Road. Attached Figure 1 illustrates
the regional and project location.
The purpose of this trip generation analysis is to compare the trip generation of the currently
proposed project with the trip generation as included in the Pacific Plaza Mixed‐Use Project Traffic
Impact Analysis (TIA), dated July, 2013. The trip generation comparison will help determine whether
the currently proposed project would generate more trips than the land uses included in the July
2013 TIA, which would help determine if an update to the TIA will be required. The July 2013 TIA
trip generation consisted of 37 single‐family residential units and 19,360 square feet (sq. ft.)
commercial space. The commercial space consisted of a 4,460 sq. ft. restaurant, a 5,080 sq. ft. café,
and a 9,820 sq. ft. grocery market. Based on information provided by the project applicant, the
subject planning area is proposed to change some of the commercial uses to other land uses. The
revised site plan reduces the total commercial space to 18,669 commercial space consisting of a
3,735 sq. ft. restaurant, a 3,600 sq. ft. 85 Degree C Café and Bakery, a 1,755 sq. ft. generic retail, a
1,572 sq. ft. dance studio, a 1,500 sq. ft. ice cream/dessert store, a 3,390 sq. ft. vacant space
intended for a restaurant, a 2,740 sq. ft. walk‐in bank, and 37 residential condominium units..
Consistent with the previously submitted TIA, the trip generation for the proposed project has been
developed using rates from the Institute of Transportation Engineers (ITE) Trip Generation Manual,
9th Edition. Rates for Land Uses 931 – “Quality Restaurant”, 939 – “Bread/Donut/Bagel Shop without
Drive‐Through Window”, 826 – “Specialty Retail Center”, 933 – “Fast‐Food Restaurant without
Drive‐Through Window”, 911 – “Walk‐in Bank”, 932 – “High‐Turnover (Sit Down) Restaurant” and
230 – “Residential Condominium/Townhouse” have been used to develop the trip generation of the
currently proposed project. Table A summarizes the daily, a.m., and p.m. peak hour project trip
generation. The proposed project is expected to generate 2,795 daily trips, with 255 trips occurring
during the a.m. peak hour and 129 trips occurring during the p.m. peak hour. It should be noted that
for the 3,390 sf vacant retail/restaurant space, the trip generation has been developed using rates
for a high‐turnover sit down restaurant. As such, it is a conservative estimate and account for the
5/30/2018 (R:\PLA1801\Traffic\Trip Gen Memo\Pacific Plaza Mixed Use_Trip Gen Memo.docx) 2
higher intensity use of a restaurant in this space. The trip generation for the July 2013 TIA is 2,390
daily trips, with 336 trips occurring during the a.m. peak hour and 134 trips occurring during the
p.m. peak hour.
As illustrated in Table A, the proposed project generates 405 more daily trips compared to the
previous land uses, but with 81 less trips in the a.m. peak hour and 5 less trips in the p.m. peak hour.
The proposed project is consistent and less intensive during both peak hours than the use proposed
in the previously submitted TIA. Hence, an update to the July 2013 TIA will not be required for the
project.
Should you have any questions, please do not hesitate to contact me at (951) 781‐9310 or email me
at Ambarish.Mukherjee@lsa.net.
Sincerely,
LSA ASSOCIATES, INC.
Ambarish Mukherjee, AICP, PE
Associate/Senior Transportation Planner
Attachments:
Table A: Project Trip Generation Comparison
Figure 1: Regional and Project Location
Land Use In Out Total In Out Total
July 2013 TIA Project
Quality Restaurant
Trips/Unit 4.46 TSF 0.66 0.15 0.81 5.02 2.47 7.49 89.95
Trip Generation 3 1 4 22 11 33 401
Internal Trip Capture 0 0 0 (3) (3) (6) (51)
Net Trip Generation 3 1 4 19 8 27 350
Café
Trips/Unit 5.08 TSF 33.00 37.22 70.22 14 14 28 571.49
Trip Generation 168 189 357 71 71 142 2904
Internal Trip Capture 0 0 0 (10) (9) (19) (317)
Net Trip Generation 168 189 357 61 62 123 2587
Supermarket
Trips/Unit 9.82 TSF 2.11 1.29 3.4 4.83 4.65 9.48 102.24
Trip Generation 21 13 34 47 46 93 1004
Internal Trip Capture 0 0 0 (11) (13) (24) (367)
Net Trip Generation 21 13 34 36 33 69 637
Residential Condominium
Trips/Unit 37 DU 0.07 0.37 0.44 0.35 0.17 0.52 5.81
Trip Generation 3 14 17 13 6 19 215
Internal Trip Capture 0 0 0 (7) (6) (13) (151)
Net Trip Generation 3 14 17 6 0 6 64
Total Gross Project Trips 195 217 412 153 134 287 4524
Internal Trip Capture 0 0 0 (31) (31) (62) (886)
Net New Trips 195 217 412 122 103 225 3638
Existing Fitness Center Trips (49) (27) (76)(51) (40) (91) (1248)
Total Trip Generation 146 190 336 71 63 134 2390
Table A ‐ Project Trip Generation Comparison
A.M Peak Hour P.M Peak Hour
DailyUnits
R:\PLA1801\Traffic\Trip Gen Memo\Trip Generation - 2018\Trip Gen (Final May) (5/30/2018)
Land Use In Out Total In Out Total
Table A ‐ Project Trip Generation Comparison
A.M Peak Hour P.M Peak Hour
DailyUnits
Proposed Project
Quality Restaurant
Trips/Unit1 3.74 TSF 0.66 0.15 0.81 5.02 2.47 7.49 89.95
Trip Generation 2 1 3 19 9 28 336
0 0 0 (1) (1) (2) (14)
Net Trip Generation 2 1 3 18 8 26 322
85 Degree C Café and Bakery
Trips/Unit3, 4 3.60 TSF 33.00 37.22 70.22 14.00 14.00 28.00 571.49
Trip Generation 119 134 253 50 50 100 2,058
0 0 0 (4) (4) (8) (88)
Net Trip Generation 119 134 253 46 46 92 1,970
Generic Retail
Trips/Unit5 1.76 TSF 0.62 0.38 1.00 1.19 1.52 2.71 44.32
Trip Generation 1 1 2 2 3 5 78
0 0 0 (2) (1) (3) (22)
Net Trip Generation 1 1 2 0 2 2 56
Dance Studio
Trips/Unit5 1.57 TSF 0.62 0.38 1.00 1.19 1.52 2.71 44.32
Trip Generation 1 1 2 2 2 4 70
0 0 0 (1) (1) (1) (29)
Net Trip Generation 1 1 2 1 1 3 41
Dessert
Trips/Unit6, 7 1.50 TSF 0.00 0.00 0.00 13.34 12.81 26.15 716.00
Trip Generation 0 0 0 20 19 39 1,074
0 0 0 (2) (1) (3) (46)
Net Trip Generation 0 0 0 18 18 36 1,028
CTBC Bank
Trips/Unit8, 9 2.74 TSF 3.44 2.59 6.03 5.34 6.79 12.13 73.95
Trip Generation 9 7 16 15 19 34 203
0 0 0 (4) (8) (12) (86)
Net Trip Generation 9 7 16 11 11 22 117
Restaurant (Vacant)
Trips/Unit10 3.39 TSF 5.95 4.86 10.81 5.91 3.94 9.85 127.15
Trip Generation 20 16 36 20 13 33 432
0 0 0 (1) (1) (3) (19)
Net Trip Generation 20 16 36 19 12 30 413
Internal Trip Capture2
Internal Trip Capture2
Internal Trip Capture2
Internal Trip Capture2
Internal Trip Capture2
Internal Trip Capture2
Internal Trip Capture2
R:\PLA1801\Traffic\Trip Gen Memo\Trip Generation - 2018\Trip Gen (Final May) (5/30/2018)
Land Use In Out Total In Out Total
Table A ‐ Project Trip Generation Comparison
A.M Peak Hour P.M Peak Hour
DailyUnits
Residential Condominium
Trips/Unit11 37 DU 0.07 0.37 0.44 0.35 0.17 0.52 5.81
Trip Generation 3 14 17 13 6 19 215
0 0 0 (6) (6) (12) (104)
Net Trip Generation 3 14 17 7 0 7 111
Total Gross Project Trips 155 174 329 141 121 262 4,466
Internal Trip Capture2 0 0 0 (21) (23) (44) (408)
Net New Trips 155 174 329 120 98 218 4,058
Existing Fitness Center Trips (49) (27) (76) (51)(40) (91) (1,248)
Total Trip Generation 106 147 253 69 58 127 2,810
Proposed Project Trip Generation 106 147 253 69 58 127 2,810
July 2013 TIA Trip Generation 146 190 336 71 63 134 2,390
Trip Generation Difference (40) (43) (83) (2) (5) (7) 420
Notes:
DU = dwelling unit; TSF = thousand square feet
1
2
3
4
5
6
7
8
9
10
11
Rates based on Land Use 911 ‐ "Walk‐in Bank" from ITE Trip Generation Manual , 9th Edition.
No rates were available for the a.m. peak hour and daily rate. A ratio between Land Use 911 ‐ "Walk‐in Bank" and Land Use 912
‐ "Drive‐in bank" was applied to obtain the rates for the a.m. peak hour and daily rate.
Rates based on Land Use 932 ‐ "High‐Turnover (Sit‐Down) Restaurant" from ITE Trip Generation Manual , 9th Edition.
Rates based on Land Use 230 ‐ "Residential Condominium/Townhouse" from ITE Trip Generation Manual, 9th Edition.
Rates based on Land Use 939 ‐ "Bread/Donut/Bagel Shop without Drive‐Through Window" from ITE Trip Generation Manual,
9th Edition.
No daily rates are provided in the ITE Trip Generation Manual 9th Edition for Land Use 939 ‐ "Bread/Donut/Bagel Shop without
Drive‐Through Window". A ratio between Land Use 936 ‐ "Coffee/Donut Shop without Drive‐Through Window" and Land Use
937 ‐ "Coffee/Donut Shop with Drive‐Through Window" was applied to obtain the daily rate.
Rates based on Land Use 826 ‐ "Specialty Retail Center" from ITE Trip Generation Manual, 9th Edition.
Rates based on Land Use 933 ‐ "Fast‐Food Restaurant without Drive‐Through Window" from ITE Trip Generation Manual , 9th
Edition.
Meet Fresh locations start operation at 11 a.m. The a.m. peak hour trip generation has not been applied for this use.
Internal Trip Capture2
Rates based on Land Use 931‐"Quality Restaurant" from Institute of Transportation Engineers (ITE) Trip Generation Manual,
9th Edition.
Internal rates are based on the ITE Trip Generation Handbook , 2nd Edition.
R:\PLA1801\Traffic\Trip Gen Memo\Trip Generation - 2018\Trip Gen (Final May) (5/30/2018)
Project LocationProject Location
SOURCE: Bing Aerial, 2010; ESRI Streetmap, 2013
I:\PLA1801\Reports\Traffic\fig1_RegLoc.mxd (3/7/2018)
FIGURE 1
Pacific Plaza Mixed-UseTrip Generation Memorandum
Regional and Project Location
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Project Vicinity
Attachment No. 5
Attachment No. 5
December 15, 2015 Staff Report and
Resolution No. 7101
DATE: December 15, 2015
TO: Honorable Mayor and City Council
FROM: Jason Kruckeberg, Assistant City Manager/Development Services Director
By: Tim Schwehr, Economic Development Analyst
SUBJECT: GENERAL PLAN AMEDMENT, ZONE CHANGE, AND OTHER
ENTITLEMENTS RELATED TO A THREE-STORY MIXED-USE
COMMERCIAL AND RESIDENTIAL DEVELOPMENT W ITH 19,360
SQUARE FEET OF GROUND FLOOR RESTAURANT/RETAIL SPACE AND
37 RESIDENTIAL CONDOMINIUM UNITS AT 56 WEST DUARTE ROAD,
AND ADOPTION OF A MITIGATED NEGATIVE DECLARATION TO
COMPLY WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
SUMMARY
The applicant, James Chou on behalf of Pacific Plaza Arcadia, LLC, requests approval of a
proposed three-story mixed-use development that consists of two stories of residential
units (37 condominium units) over 19,360 square feet of ground floor commercial, and two-
and-a-half levels of semi-subterranean parking. The proposal requires approval of the
following entitlements:
• A General Plan Amendment to change the General Plan Designation of the property
from Commercial to Mixed-Use;
• A Zone Change to change to Zoning Designation of the property from C-2, General
Commercial to MU, Mixed-Use;
• A Conditional Use Permit to allow a mixed-use development, and to permit 9,540
square-feet of the ground floor commercial space to operate as restaurant space with
the option for alcoholic beverage service;
• Architectural Design Review;
• A Tentative Tract Map to subdivide the 37 residential units for condominium
purposes; and
• A Mitigated Negative Declaration under the California Environmental Quality Act
(CEQA).
Ordinance 2331 and Resolution Nos. 7100 & 7101
GPA 15-01, ZC 15-01, ADR 14-23, CUP 15-02, TTM 73453
56 E. Duarte Road
December 15, 2015 – Page 2 of 30
This proposal was presented to the Planning Commission at their regular meeting on
November 10, 2015, for their consideration and recommendation to the City Council. At
this meeting, the Planning Commission adopted Resolution No. 1950 recommending to the
City Council approval of these applications, subject to staff’s recommended conditions of
approval. The Planning Commission also recommended that four additional items be
further reviewed, and addressed as needed, prior to the City Council’s review of the
project. Refer to the Planning Commission Review & Recommendation section of this
report for a discussion of these items.
It is recommended that the City Council conditionally approve the project and applications,
and adopt the Mitigated Negative Declaration by introducing Ordinance No. 2331 and
adopting Resolution No.’s. 7100 and 7101.
BACKGROUND
The subject site is a corner lot that fronts Duarte Road and First Avenue. The site is zoned
C-2, General Commercial, and is developed with an approximately 30,000 square-foot,
two-story fitness center and 110-space surface parking lot (Arcadia Fitness Sports Club)
constructed in 1978. The subject site abuts a 25’-0” wide public alley to the south, and an
auto-repair and small retail building to the west, both zoned C-2. The properties
immediately south of the rear alley are zoned R-3, High Density Residential, and are
currently developed with a church and a two-story, six-unit residential condominium
complex. Vehicular access to the residential condominium development is to be via the
rear alley. The church does not have on-site parking. To the east of the subject site across
First Avenue is a gas station, zoned C-2, and three single-family residential properties,
zoned R-1, each developed with a single residence. To the north across Duarte Road are
several one-story commercial buildings, zoned C-2.
On November 5, 2013, a study session was held before the City Council for consideration
of a potential four-story, mixed-use project with 75 senior housing units at the subject site.
It was the consensus of the City Council that the size and scale of this proposal was too
intense for the site. On August 19, 2014, a second study session was held before the City
Council for consideration of a potential three-story, mixed-use project with 41 residential
units and 18,000 square-feet of ground floor commercial space. It was the consensus of
the City Council at this study session that revisions to the General Plan and Zoning
designations for this site may be acceptable to allow a project of this approximate scale,
provided the developer enhance the architectural design of the proposed building. See
Attachment No. 7 for a copy of the study session minutes and the proposed design
concept plans. The applicant incorporated comments received from the City Council, and
formally submitted the proposed project to the Development Services Department on
November 18, 2014.
DISCUSSION
The proposed project involves the construction and operation of a three story mixed-use
building with two stories of residential units (37 condominium units) over approximately
19,360 square feet of commercial space, with two-and-a-half levels of semi-subterranean
Ordinance 2331 and Resolution Nos. 7100 & 7101
GPA 15-01, ZC 15-01, ADR 14-23, CUP 15-02, TTM 73453
56 E. Duarte Road
December 15, 2015 – Page 3 of 30
parking. The building height is 40 feet with an additional 5 feet allowed for the parapet wall
as an architectural feature to screen the rooftop mechanical equipment. The ground floor
commercial space will consist of 9,820 square-feet of retail space and 9,540 square-feet of
restaurant/café space. The property owner has received letters of intent from Lohas
Supermarket to occupy the 9,820 square-feet of retail space, from 85°C Bakery to occupy
5,080 square-feet of restaurant/café space, and from Limericks Tavern Chop House to
occupy 4,460 square-feet of restaurant/café space.
Conceptual Rendering (Intersection of Duarte Rd. and First Ave.)
The two levels of residential units along Duarte Road and First Avenue are significantly
stepped-back from the ground floor commercial portion of the building. The residential
units at the rear of the building are organized around a central common courtyard patio.
The residential units range in size from a one-bedroom, 1,042 square-foot unit up to a four-
bedroom, 2,268 square-foot unit. The second floor residential units along both streets will
have large, private patio areas. The remainder of the
residential units will have more typically-sized private
patios and balconies.
Vehicular access to the site is provided off of Duarte
Road and via a rear alley accessed from First Avenue
and Santa Anita Avenue. As a safety and traffic
circulation mitigation measure, the Duarte Road
entrance/exit will be designated a right-in/right-out only
through the use of a raised channelizing island at the driveway exit. Left turns from the rear
alley onto First Avenue will be permitted.
Ordinance 2331 and Resolution Nos. 7100 & 7101
GPA 15-01, ZC 15-01, ADR 14-23, CUP 15-02, TTM 73453
56 E. Duarte Road
December 15, 2015 – Page 4 of 30
Conceptual Rendering (Duarte Rd. vehicular entrance/exit)
The project provides a total of 250 parking spaces: 110 spaces on the ground floor and
mezzanine levels, and 140 spaces on one level of subterranean parking. The parking
requirement for the project is 239 spaces: 146 spaces for the commercial component and
93 spaces for the residential component. Parking on the ground floor and mezzanine
levels will be for commercial customers only. Employee and residential parking will be
reserved on the subterranean level. With a parking requirement of 239 spaces, and 250
spaces provided, the project proposes a parking surplus of 11 spaces.
Ordinance 2331 and Resolution Nos. 7100 & 7101
GPA 15-01, ZC 15-01, ADR 14-23, CUP 15-02, TTM 73453
56 E. Duarte Road
December 15, 2015 – Page 5 of 30
Conceptual Rendering (Residential Courtyard – on Second Story)
The proposed project requires the following actions/approvals:
1. General Plan Amendment – An amendment to revise the General Plan Designation
from C - Commercial to MU - Mixed Use.
2. Zone Change – A Zone Change to revise the zoning from C-2, General Commercial
to MU, Mixed Use.
3. Conditional Use Permit – As required by Arcadia zoning regulations, all mixed-use
projects require approval of a Conditional Use Permit (CUP). In addition, a CUP is
required for the restaurant/café spaces proposed on the ground floor, and to allow
the sale of alcoholic beverages for on-site consumption at the restaurants/cafés and
for sale for off-site consumption at the retail space.
4. Architectural Design Review – Architectural design review is to ensure that the
project is consistent with the City’s Design Guidelines.
5. Tentative Tract Map – Approval of a Tentative Tract Map is required to subdivide
the residential units for condominium purposes.
6. Adoption of the Initial Study and Mitigated Negative Declaration – The Initial
Study and Mitigated Negative Declaration prepared for this project find that, with
mitigation measures, the project will have less-than-significant impacts. The majority
of the mitigation measures are standard regulatory requirements for any project of
Ordinance 2331 and Resolution Nos. 7100 & 7101
GPA 15-01, ZC 15-01, ADR 14-23, CUP 15-02, TTM 73453
56 E. Duarte Road
December 15, 2015 – Page 6 of 30
this size. Mitigation measures specific to this project have been added to address
traffic impacts and minimize construction noise and long-term noise impacts. Refer
to Section 6 of the Initial Study and/or the Conditions of Approval Nos. 19-38 for the
project-specific mitigation measures.
General Plan Amendment and Zone Change
A General Plan Amendment and Zone Change from Commercial to Mixed-Use is required
to allow a mixed-use project at this location. The subject site is located within the First
Avenue and Duarte Road Land Use Focus Area
of the 2010 Arcadia General Plan. This area,
shown in the adjacent map, was one of the six
focus areas identified during the 2010 General
Plan Update. The broad strategies outlined for
the focus areas are as follows:
• 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 select commercial corridors; and
• Establish a vision for future land uses on
properties that will experience significant
transition.
The vision for the First Avenue and Duarte Road Land Use Focus Area is to:
• Provide an economically vibrant neighborhood with a mix of residential and
commercial uses;
• Work to improve the pedestrian experience in this area; and
• Provide parking options (including alternative parking options along First Avenue), to
help improve safety and traffic flow.
Revising the General Plan and Zoning Designations for the subject site to Mixed-Use
would be consistent with the broad strategies and vision outlined for the First Avenue
and Duarte Road Land Use Focus Area. Although not directly adjacent to the other
Mixed-Use properties along First Avenue to the north, a Mixed-Use Designation for the
subject property would nonetheless be consistent with the focus area when viewed as a
whole. The R-3 Zoning designation of the properties to the south of the site also
Ordinance 2331 and Resolution Nos. 7100 & 7101
GPA 15-01, ZC 15-01, ADR 14-23, CUP 15-02, TTM 73453
56 E. Duarte Road
December 15, 2015 – Page 7 of 30
complements a residential/commercial project at the subject site. The development itself
has been designed to comply with all of the Zoning requirements of the Mixed-Use
Zoning Designation. Approval of a General Plan Amendment and Zone Change is
subject to City Council approval.
Conditional Use Permit and Tentative Tract Map
Approval of a Conditional Use Permit is a requirement for all mixed-use projects in the City
of Arcadia. A CUP is also required for the restaurant/café uses, and to allow alcoholic
beverage service for on-site consumption at the restaurant/café uses, and to allow the
retail use (supermarket) to sell alcoholic beverages for off-site consumption. All of the
commercial uses are located at the north half of the property along Duarte Road, away
from the nearby residential properties. As such, any resulting noise will not be impactful to
these properties. As a condition of approval for this project, outdoor seating along First
Avenue will be restricted to the area directly adjacent to the commercial space itself, and
shall not extend to the south in front of the parking structure. An additional condition of
approval for the project will restrict the delivery hours for the commercial uses to between
7:00 a.m. and 10:00 p.m. The applicant has confirmed that these conditions are
acceptable to their prospective tenants.
The applicant has obtained letters of intent from Lohas Supermarket, 85C Bakery Cafe,
and Limericks Tavern Chophouse to occupy the three ground floor commercial spaces.
The letters are included as Attachment No. 5 to this report. Although this does not a
guarantee these tenants at this location, it does demonstrate at a minimum that there is
market demand for the commercial portion of the project. In response to direction from the
Planning Commission to require the commercial uses to be consistent with those
represented by the applicant, a condition of approval has been added that specifically
restricts the commercial uses to a 9,820 square-foot grocery/market; a 5,080 square-foot
bakery; and a 4,460 square-foot restaurant or high-end retail store. This condition includes
a provision that would allow minor deviations from these approved uses, subject to the
review and approval of the Development Services Director. However, any significant
deviations from these approved uses would require the review and approval of the
Planning Commission.
The proposal for the 37 residential condominium units requires that they be subdivided
through the Tentative Tract Map process – see Attachment No. 4 for the Tentative Tract
Map. The proposed subdivision complies with the subdivision regulations of the Arcadia
Municipal Code and the State Subdivision Map Act, and will not violate any requirements
of the California Regional Water Quality Control Board.
Architectural Design
The project is contemporary in style and designed with high commercial ceilings on the
ground floor, and typical 9’-6” ceilings on the two residential levels with an additional 1’-0”
between floors to allow for interior mechanical and plumbing equipment. The building
fronts the north property line along Duarte Road in accordance with the City’s Design
Guidelines, and also features a large central plaza to break up the mass of the structure. A
Ordinance 2331 and Resolution Nos. 7100 & 7101
GPA 15-01, ZC 15-01, ADR 14-23, CUP 15-02, TTM 73453
56 E. Duarte Road
December 15, 2015 – Page 8 of 30
10’-0” setback is provided along First Avenue, which will be utilized for outdoor patio
seating and landscaping. A 15’-0” setback is provided from the rear alley, and a setback
ranging from 41’-9” to 48’-11” is provided from the west property line to accommodate the
two-way driveway.
Significant articulation of the upper half of the building is provided by stepping back the
residential levels from the ground floor between 12’-0” and 16’-0” along the Duarte Road
frontage, 15’-0” along the First Avenue frontage, and 10’-0” at the rear of the building. A
large residential courtyard garden at the back half of the building provides additional
modulation of the building mass as viewed from the south. As viewed from the east and
west, the north portion of building is divided from the south portion of the building at the
residential levels, providing a substantial break in the massing along the sides of the
building. The large central plaza along Duarte Road provides a similar break in the
massing as viewed from the north. In addition, the change of materials from the first to
upper floors helps to soften the overall design from street level.
The project is 40’-0” in height as measured from the Duarte Road grade level, with an
additional 5’-0” tall parapet wall to extend above the upper level to provide a screen for the
rooftop mechanical equipment. For
comparison, the front tower of the
existing fitness center is also 40’-0” in
height. The ground floor will be 16’-8”
high as measured from grade along
Duarte Road to the finish floor level of
the second-story residential units, and
increases in height to 20’-0” as
measured from the rear alley elevation
Ordinance 2331 and Resolution Nos. 7100 & 7101
GPA 15-01, ZC 15-01, ADR 14-23, CUP 15-02, TTM 73453
56 E. Duarte Road
December 15, 2015 – Page 9 of 30
due to the natural north to south street grade. The ground floor walls will extend an
additional 3’-6” above this height to provide a railing for the second floor patios. For
comparison, the rear wall of the existing fitness center is 23’-0” in height as measured from
the rear alley elevation. The second and third floors will extend 10’-6” in height as
measured from floor to floor. A 5’-0” high parapet wall extends above the upper level and
provides a screen for rooftop mechanical equipment. The height is in compliance with the
height limit for the MU Zone, which is three stories and 40 feet, plus a 10-foot height
allowance for rooftop equipment or appurtenances.
The exterior of the ground floor commercial areas features brown-colored, 4” Norman
Bronzestone brick veneer clad walls, powder coated gray recessed aluminum front glass
windows and doorways, and gray metal awnings. The brick clad walls transition to a
combination of brick and scored stucco colored to match the brick veneer along the sides
and rear of the ground floor level. The residential levels have been designed to purposely
appear distinct from the ground floor commercial and parking levels, yet also be
complementary in color and architectural style. A combination of stucco and Hardie board
siding is used for the exterior walls of the residential units, along with gray aluminum
windows and contemporary glass guardrails for the third floor balconies. A variety of
muted colors are proposed for the residential facades to provide visual interest to these
areas. As a condition of approval, the gray stucco molding currently proposed above the
commercial level will be revised to either a precast concrete molding or a decorative brick
cap to match the brick veneer material of the ground floor. With this revision, the
architectural design of the building will be acceptable.
Ordinance 2331 and Resolution Nos. 7100 & 7101
GPA 15-01, ZC 15-01, ADR 14-23, CUP 15-02, TTM 73453
56 E. Duarte Road
December 15, 2015 – Page 10 of 30
New substantial landscaping is proposed along the perimeter of the property, including
significant planters between the parking structure and First Avenue, and between the
parking structure and the rear alley. Additional landscaping, decorative pavers, and
outdoor seating are proposed within the ground floor plaza area, and at the south
perimeter of the mezzanine parking level. Substantial landscaping is also proposed on the
second-floor residential level, which includes 138, 36-inch sweet bay trees in pots within
the private and common patio areas.
Ordinance 2331 and Resolution Nos. 7100 & 7101
GPA 15-01, ZC 15-01, ADR 14-23, CUP 15-02, TTM 73453
56 E. Duarte Road
December 15, 2015 – Page 11 of 30
Parking and Traffic
The project will provide a total of 250 parking spaces: 110 spaces on the ground floor and
mezzanine levels, and 140 spaces on one level of subterranean parking. The parking
requirement for the project is 239 spaces: 146 spaces for the commercial component and
93 spaces for the residential component. Parking on the ground floor and mezzanine
levels will be for commercial customer parking only. Employee and residential parking will
be reserved on the subterranean level. With a parking requirement of 239 spaces and 250
spaces provided, the project proposes a parking surplus of 11 spaces.
(Rear alley and parking structure)
A traffic impact study was prepared to evaluate the potential impacts of the traffic
generated by the proposed mixed use project. The study included an analysis of 12 nearby
intersections and eight roadway segments as depicted on the following map:
Ordinance 2331 and Resolution Nos. 7100 & 7101
GPA 15-01, ZC 15-01, ADR 14-23, CUP 15-02, TTM 73453
56 E. Duarte Road
December 15, 2015 – Page 12 of 30
The proposed project is expected to generate 336 net new vehicle trips during the AM
peak hour (i.e., the busiest 60 minutes between 7:00 AM and 9:00 AM) and 134 net new
trips during the PM peak hour (i.e., the busiest 60 minutes between 4:00 PM and 6:00
PM). The traffic impact study concluded that the increased trips are not projected to result
in any significant traffic impacts to the nearby intersections or roadway segments. The
City Engineer has reviewed the traffic impact study and is in agreement with the
conclusions. The traffic impact study recommends that the Duarte Road entrance/exit be
restricted to a right-in/right-out only. This is required as a Condition of Approval for the
project.
Planning Commission Review & Recommendation
This proposal was presented to the Planning Commission at their regular meeting on
November 10, 2015. At this meeting, the Planning Commission adopted Resolution No.
1950 recommending to the City Council conditional approval of these applications. The
Planning Commission vote was 4–0, with one commissioner absent, recommending
approval of each of the applications and Mitigated Negative Declaration, with the exception
of the Architectural Design Review Application, in which the Commission voted 3–1
recommending approval. Commissioner Lin voted in opposition to the architectural design
of the project stating reservations about the size and scale of the design relative to the
surrounding neighborhood.
In response to public testimony and commissioner discussion, the Planning Commission,
as part of their recommendation, asked that the following four items be further addressed
and analyzed prior to the City Council Meeting:
Roadway Segments Analyzed (shown in Blue)
Intersections Analyzed (numbered circles)
Ordinance 2331 and Resolution Nos. 7100 & 7101
GPA 15-01, ZC 15-01, ADR 14-23, CUP 15-02, TTM 73453
56 E. Duarte Road
December 15, 2015 – Page 13 of 30
• Provide clarification on how the 146 required parking spaces for the commercial
component of the project is able to accommodate the 357 AM peak hour trips
estimated to be generated by the bakery.
Staff response: The Planning Commission questioned the 357 AM peak hour trips
generated by the bakery and that the number seems to be out-of-line with the
requirement for 146 total parking spaces for the commercial uses. With regard to
the number of trips, the 357 AM peak hour trips is on the high side for this type of
use, and the trip generation rate that was used (from the ITE Trip Generation
Manual) is more appropriately intended for smaller square footage uses, such as a
Starbucks. The bakery is relatively large at 5,100 square feet, and will likely not
generate the same amount of trips per square foot as a similar but smaller use.
Thus, the result here is an extremely conservative trip generation number for the
proposed use, which translates to a worst case impact on the City’s roadway
network. It should also be noted that the project provides 157 commercial parking
spaces, which is 11 additional parking spaces above and beyond the 146
commercial parking spaces required.
With regard to comparing the trip generation with the parking requirements, there is
generally no direct relationship between trip generation totals and parking
requirements. Any comparison must take into account the parking turnover rate or
the duration of stay for a specific use. As an example, a trip to a fast food venue for
a quick purchase versus an employee trip to an office will have significantly different
lengths of stay. As for the trips generated by the bakery, the 357 trips represents
the total trips entering and exiting the site. If the number of trips is divided in half,
approximately 180 vehicles enter the site in the peak hour. Assume that for the
bakery use, the typical stay is 15 minutes. That means that ideally four vehicles
could occupy one space in one hour, or 45 spaces are necessary, at a minimum, to
accommodate 180 vehicles in an hour. Although this is not the way that parking
requirements are determined, the 157 commercial parking spaces provided would
be able to accommodate the needs of the bakery and other commercial uses using
this methodology.
• Provide a mechanism giving the City more control of future commercial tenants at
this site to ensure long-term compatibility with adjacent residential properties and
overall consistency with the high-quality vision proposed for the commercial portion
of the development.
Staff response: Condition of Approval no. 1 has been added requiring that the
commercial tenants of the development shall consist specifically of a 9,820 square-
foot grocery/market; a 5,080 square-foot bakery; and a 4,460 square-foot restaurant
or high-end retail store. Any minor deviations from these approved uses shall be
subject to the review and approval of the Development Services Director, or
designee. Any deviations deemed by the Development Services Director, or
designee, to be more than minor in type or scope shall be subject to the review and
approval of the Planning Commission.
Ordinance 2331 and Resolution Nos. 7100 & 7101
GPA 15-01, ZC 15-01, ADR 14-23, CUP 15-02, TTM 73453
56 E. Duarte Road
December 15, 2015 – Page 14 of 30
• Require a detailed security plan for the development as a Condition of Approval.
Staff response: The requirement for a detailed security plan has been added as
recommended Condition of Approval no. 2.
• Require that the construction haul route and construction staging areas avoid First
Avenue and the other residential streets south of the project site.
Staff response: Mitigation Measures NOI-1 and TRA-1 of the Mitigated Negative
Declaration require preparation and approval of a construction haul route and
staging areas. An additional restriction to specifically avoid First Avenue as the
haul route and staging area has been added as recommended Condition of
Approval no. 3.
In response to public comments at the Planning Commission Meeting, the applicant has
also chosen to relocate the southeast parking garage entrance/exit approximately 30 feet
further west down the alley. This revision staggers the entrance and exit of the parking
garage relative to the pedestrian access gate to the church, and allows additional room for
vehicles entering the garage to queue in the alley without backing onto First Avenue. This
change has been memorialized as recommended Condition of Approval no. 4. See the
Public Notice/Comments section below for a full description of the public comments made
at the Planning Commission meeting.
FINDINGS
The Arcadia Municipal Code requires that for approval of a General Plan Amendment,
Zone Change, Conditional Use Permit, Architectural Design Review, and Tentative Tract
Map, it must be concluded that the following findings of fact can be made in an affirmative
manner:
1. That the approval of General Plan Amendment No. GPA 15-01 (Mixed Use) will not
be detrimental to the public health or welfare or injurious to the properties or
improvements in such area or vicinity.
Facts to Support the Finding: The Initial Study/Mitigated Negative Declaration for
the proposed Project analyzed all the potential impacts and, with mitigation
measures, no new significant impacts would occur as a result of the proposed
Project. The Amendment will allow mixed-use development and is consistent with
the policies and vision of the General Plan for the First Avenue and Duarte Road
Land Use Focus Area. Therefore, the proposed Amendment would not be
detrimental to the public health and welfare.
2. The proposed Zone Change (Mixed Use) is consistent with the General Plan, as
amended; and that public necessity, convenience, general welfare and good zoning
practice justify the proposed changes.
Ordinance 2331 and Resolution Nos. 7100 & 7101
GPA 15-01, ZC 15-01, ADR 14-23, CUP 15-02, TTM 73453
56 E. Duarte Road
December 15, 2015 – Page 15 of 30
Facts to Support the Finding: The proposed Zone Change is consistent with the
City’s General Plan, as amended, including the goals, objectives, policies, and
action programs in the City’s General Plan, as amended. The Project location has
been identified as a compatible continuation of the Mixed-Use area to the north, and
will foster new development and revitalization of the adjacent commercial area. The
proposed Zone Change and Project will be a positive benefit to the surrounding
properties and to the City at large. Therefore, the proposed Zone Change is
consistent with the General Plan.
3. The granting of the Conditional Use Permit will not be detrimental to the public
health or welfare or injurious to the property or improvements in such zone or
vicinity.
Facts to Support the Finding: The proposed mixed use Project is guided by the
policies and vision of the General Plan for the First Avenue and Duarte Road Land
Use Focus Area and will be consistent with the detailed development standards in
the Zoning Code for mixed-use developments. The Project will provide opportunities
for complementary service and retail commercial businesses and residential uses to
locate on the subject site. The Project will comply with all zoning and regulatory
requirements and, with the mitigation measures incorporated into the Project, will
not result in any significant impacts to the surrounding properties or community as a
whole. Based on this information, the proposed Project will not be detrimental to
the public health or welfare or injurious to the other properties in the vicinity.
4. The use applied for at the location indicated is properly one for which a Conditional
Use Permit is authorized.
Facts to Support the Finding: The Mixed Use Zone encourages different land
uses (e.g., residential and commercial) within a mixed-use project that offer
opportunities for people to live, work, shop, and recreate without having to use their
vehicles. The proposed Project will provide an opportunity for a lively street scene to
come to this area and will help revitalize the Duarte Road and First Avenue
commercial area, since it will attract both commuters to shop or dine, and residents
who want to live within walking distance of commercial amenities.
5. The site for the proposed use is adequate in size and shape to accommodate said
use, and all yards, spaces, walls, fences, parking, loading, landscaping, and other
features required to adjust said use with the land and uses in the neighborhood.
Facts to Support the Finding: The Project site is appropriate in size and shape
to accommodate a functional and desirable mixed-use development, which includes
a pedestrian scaled outdoor plaza area that is located along Duarte Road. The
proposed number of total parking spaces of 250 spaces exceeds the City’s parking
requirement of 239 spaces. The proposed vehicular driveways and on-site
circulation will provide effective automobile access to the site, while also
maintaining a safe separation from pedestrian areas. The building footprint is within
Ordinance 2331 and Resolution Nos. 7100 & 7101
GPA 15-01, ZC 15-01, ADR 14-23, CUP 15-02, TTM 73453
56 E. Duarte Road
December 15, 2015 – Page 16 of 30
the maximum heights, setbacks, lot coverage and other requirements of the Zoning
Code and the design is articulated to help soften the overall appearance and to
shield active uses onsite with passive ones, both onsite and at adjacent properties.
Therefore, the site is adequate in size and shape to accommodate the proposed
use.
6. The site abuts streets and highways adequate in width and pavement type to carry
the kind of traffic generated by the proposed use.
Facts to Support the Finding: The site is located along First Avenue and Duarte
Road, both of which are adequate in width and pavement type to accommodate the
traffic generated by the proposed development. A channelized island at the Duarte
Road driveway will limit vehicles exiting from this location to a right-turn only. A
Traffic Analysis prepared for the Project finds that the Project will not create any
significant traffic impacts at nearby intersections or roadways.
7. The granting of the Conditional Use Permit will not adversely affect the
comprehensive General Plan.
Facts to Support the Finding: The Project includes a General Plan Amendment
to revise the underlying designation of the site from Commercial to Mixed Use. The
Project would advance the goals of the City’s General Plan Mixed Use Land Use
and Community Design Element by providing complementary service and retail
commercial businesses, along with residential uses. It also would further the goals
of the First Avenue and Duarte Road Land Use Focus Area identified in the General
Plan.
8. The Project, together with the provisions for its design and improvement, is
consistent with the City’s General Plan, the City’s Subdivision and Zoning
Regulations, the State Subdivision Map Act, and the City’s Architectural Design
Guidelines.
Facts to Support the Finding: The proposed subdivision will allow the residential
component of the Project to be subdivided for condominium purposes. The
subdivision is consistent with the City’s General Plan and Zoning Regulations, as
amended by this Project, the City’s Subdivision Regulations, the State Subdivision
Map Act, and the City’s Architectural Design Guidelines.
9. The discharge of waste from the proposed subdivision into the community sewer
system will comply with existing requirements prescribed by a California Regional
Water Quality Control Board.
Facts to Support the Finding: The Public Works Services Department confirmed
that the proposed development will be adequately served by the existing sewer
infrastructure and the requirements of the California Regional Water Quality Control
Board will be satisfied.
Ordinance 2331 and Resolution Nos. 7100 & 7101
GPA 15-01, ZC 15-01, ADR 14-23, CUP 15-02, TTM 73453
56 E. Duarte Road
December 15, 2015 – Page 17 of 30
RECOMMENDATION
It is recommended that the City Council conditionally approve the project and adopt the
Mitigated Negative Declaration by introducing Ordinance No. 2331, and adopting
Resolutions 7100 and 7101, subject to the following Conditions of Approval:
1. The commercial tenants of this development shall consist specifically of a 9,820
square-foot grocery/market; a 5,080 square-foot bakery; and a 4,460 square-foot
restaurant or high-end retail store. Any minor deviations from these approved uses
or areas shall be subject to the review and approval of the Development Services
Director, or designee. Any deviations deemed by the Development Services Director,
or designee, to be more than minor in type or scope shall be subject to the review
and approval of the Planning Commission.
2. Prior to issuance of a building permit for construction of the new building, the
applicant/property owner shall prepare and submit an operational security plan that
addresses on-site security for the commercial, residential, and parking structure
areas, subject to the review and approval of the Community Development
Administrator, or designee.
3. Construction for this project shall avoid using First Avenue as either the haul route or
staging area. Prior to issuance of a grading or building permit, the developer shall
prepare a haul route and staging plan for trucks hauling earth or construction
materials from the project site to where this material will be disposed. The plan shall
be reviewed and approved by the Arcadia Engineering Services before a grading or
building permit is issued by the City.
4. On the final construction drawings, the southeast vehicular driveway to the parking
structure shall be relocated to be a minimum of 60 feet from the east property line as
measured to the nearest point of the driveway. The specific location shall be subject
to the review and approval of the Community Development Administrator, or
designee.
5. The commercial uses shall not be open for business more than twenty (20) hours per
day, nor anytime between 1:00 a.m. and 5:00 a.m.; otherwise, a separate
Conditional Use Permit shall be required.
6. Storage of bikes, toys, laundry, clothing, or any other types of storage is prohibited
on any balcony or private patio area when said items are visible from any public
right-of-way. All patio furniture, patio decorations, barbeque equipment, landscaping,
and other patio items visible from the public right-of-way shall be consistent in type
and appearance with the City’s property maintenance standards and architectural
design guidelines. This requirement shall be included in the CC&R’s for the
residential condominiums.
7. Outdoor seating along First Avenue shall be restricted to the area directly adjacent to
the commercial space itself and shall not extend in front of the parking structure.
Ordinance 2331 and Resolution Nos. 7100 & 7101
GPA 15-01, ZC 15-01, ADR 14-23, CUP 15-02, TTM 73453
56 E. Duarte Road
December 15, 2015 – Page 18 of 30
8. On the final construction drawings, the gray stucco molding above the commercial
level shall be revised to either a precast concrete molding or a decorative brick cap
to match the brick veneer material of the ground floor, subject to the review and
approval of the Community Development Administrator, or designee.
9. The delivery hours for the commercial uses shall be limited to between 7 a.m. and 10
p.m., seven days a week.
10. Rooftop air conditioning units placed within 75 feet of the south property boundary
shall be enclosed at the south, west, and east sides by noise reducing screen walls,
subject to the review and approval of the Community Development Administrator, or
designee.
11. The applicant/property owner shall pay the cost in its entirety for an independent
contract planner/inspector to assist the City with the monitoring and reporting of the
required mitigation measures outlined in the Mitigated Negative Declaration. The
scope of work and selection of the contract planner/inspector shall be determined by
the Development Services Department, and an agreement shall be entered into
between the City and the contract planner/inspector as a consultant, in a form and
substance approved by the City Attorney, and shall be executed prior to issuance of
any building permits. The applicant/property owner shall deposit with the City in
advance of the execution of said agreement, a sum of money deemed by the City,
solely in its discretion, to be adequate to pay the consultant for such services, and to
replenish such deposit from time to time as deemed necessary by the City.
12. The applicant/property owner shall comply with all City requirements regarding
building safety, fire prevention, detection, suppression, emergency access, public
right-of-way improvements, parking, water supply and water facilities, sewer
facilities, trash reduction and recycling requirements, and National Pollutant
Discharge Elimination System (NPDES) measures to the satisfaction of the Building
Official, Fire Marshal, Public Works Services Director and Development Services
Director, or their designees. Compliance with these requirements is to be
determined by having fully detailed construction plans submitted for plan check
review and approval by the foregoing City officials and employees, and shall include,
but shall not be limited to the following:
a. The Owner/Applicant will be required to pay a $125 map fee/final approval fee
prior to approval of the Tract Map.
b. Prior to approval of the Tract Map, submit a separate demolition and erosion
control plan prepared by a registered civil engineer subject to the approval of the
City Engineer, or designee.
c. Prior to approval of the Tract Map and/or issuance of a Certificate of Occupancy
for any portion of the building, the Owner/Applicant shall either construct or post
security for all public improvements to be shown on Tentative Map 73453, and
the following item(s):
Ordinance 2331 and Resolution Nos. 7100 & 7101
GPA 15-01, ZC 15-01, ADR 14-23, CUP 15-02, TTM 73453
56 E. Duarte Road
December 15, 2015 – Page 19 of 30
• The Owner/Applicant shall remove and replace the existing sidewalk, curb
and gutter along the property frontage of Duarte Road and First Avenue.
• The Owner/Applicant shall remove and replace the existing driveway
approaches along the entire property frontages on Duarte Road and First
Avenue as well as the alley approach on First Avenue.
• The Owner/Applicant shall reconstruct the curb ramp at the corner of Duarte
Road and First Avenue to meet current ADA/accessibility standards.
• The Owner/Applicant shall remove and replace the existing asphalt alley and
concrete ribbon gutter to the south of the parcel per City Standard from
Property Line to Property Line.
• The Owner/Applicant shall identify on the Tract Map the relocation of any
existing power poles.
d. The Owner/Applicant shall submit a Grading Plan prepared by a registered civil
engineer subject to the approval of the City Engineer, or designee prior to
issuance of a building permit.
e. The Owner/Applicant shall permanently restrict the access at the project driveway
on Duarte Road to a right-in/right-out driveway in accordance with the
recommended circulation improvements identified in the Traffic Impact Analysis
prepared by LSA Associates, Inc., dated September 2015.
f. The Owner/Applicant shall designate the property frontage along Duarte Road as
a, “No Parking Zone.”
g. The Owner/Applicant shall submit a Standard Urban Stormwater Mitigation Plan
in compliance with the City’s Low Impact Development Ordinance, subject to the
approval of the City Engineer, or designee prior to the issuance of a building
permit.
h. The Developer shall provide calculations to determine the maximum domestic
demand, maximum commercial demand, and maximum fire demand in order to
verify the required water service size.
i. The Developer shall provide separate water services and meters for the
residential, commercial, irrigation, and fire services.
j. Domestic water service for the residential condominiums shall be provided by a
common master meter installed within the public right-of-way.
k. All fire services shall be isolated from domestic water services with approved
backflow prevention devices.
l. A Water Meter Permit Application shall be submitted to the Public Works
Services Department and approved by the Public Works Services Director, or
designee prior to final plan check approval.
Ordinance 2331 and Resolution Nos. 7100 & 7101
GPA 15-01, ZC 15-01, ADR 14-23, CUP 15-02, TTM 73453
56 E. Duarte Road
December 15, 2015 – Page 20 of 30
m. New water service installations shall be completed by the Developer. Installations
shall be according to the specifications of the Public Works Services Department,
Engineering Section. Abandonment of existing water services, if necessary, shall
be by the Developer, according to Public Works Services Department,
Engineering Section specifications.
n. Connection to the 15" sewer, owned by the Sanitation Districts of Los Angeles
County, in the First Avenue right-of-way shall require approval from the Sanitation
Districts of Los Angeles County and an encroachment permit from the City.
o. Existing palm trees in the parkway on Duarte Road and First Avenue shall
remain. The Owner/Applicant shall remove the second tree south of Duarte
Road on First Avenue with a permit from the Public Works Services Department
and replace it with one 24" box Queen Palm.
p. The project is subject to the State Water Resources Control Board's NPDES
General Construction Permit requirements. The Owner/Applicant shall submit a
Notice of Intent along with applicable fees to the State of California and shall
prepare a Stormwater Pollution Prevention Plan. The City will not issue a grading
permit until a Waste Discharge ID Number is furnished by the Owner/Applicant
for this project.
q. The project is subject to City of Arcadia Industrial Waste requirements. Prior to
issuance of a building permit, the Owner/Applicant shall submit two sets of
plumbing plans to the Public Works Services Department for their review and
approval. Grease Interceptors shall be required for all restaurant/café uses.
r. The design of the project shall comply with the applicable California Residential
Code and the City of Arcadia Construction Standards to the satisfaction of the
City Building Official or designee. Detailed shoring plans shall be submitted to
Building Services for review during the plan check process.
s. All areas shall be fire sprinklered. The sprinkler systems serving commercial
areas and residential areas shall be segregated. The fire sprinkler system shall
be monitored by a UL listed central station. Notification appliances shall be
provided in all common areas and residential areas.
t. Class I standpipes shall be provided inside stairwells 1, 2, and 3 on all levels
including the roof. Minimum 2A:1 OBC fire extinguishers shall be provided in all
commercial/parking areas, and on the exterior of the ground floor of the
residential areas. Maximum travel distance to any extinguisher shall be 75 feet.
u. Two new fire hydrants shall be provided adjacent to the project at the south side
of Duarte Road, and two new fire hydrants shall be provided at the west side of
First Avenue.
v. Knox boxes shall be provided adjacent to the Lobby area and outside stairwells 1
and 3 with keys to all common areas and to the commercial units. Any automatic
gates used in parking areas shall be equipped with a Knox switch.
Ordinance 2331 and Resolution Nos. 7100 & 7101
GPA 15-01, ZC 15-01, ADR 14-23, CUP 15-02, TTM 73453
56 E. Duarte Road
December 15, 2015 – Page 21 of 30
13. A water-efficient landscape and irrigation plan shall be submitted for plan check to
Building Services. The plans shall include irrigation from the project site to
landscaping within the public rights-of-way.
14. An exterior lighting and parking structure lighting plan and photometric study
showing that light and glare will not exceed one foot-candle at any property line,
shall be submitted to Planning Services for review and approval prior to issuance of
a building permit. The approved lighting shall be installed prior to final inspection
approval and occupancy.
15. Satellite dishes shall not be placed where they are visible from public rights-of-way.
This requirement shall be included in the CC&R’s for the residential condominiums..
16. The property owner/applicant shall provide trash collection services as often as
necessary to ensure that there is no buildup of trash on the site or within the
building. Trash placement outside of an authorized trash container is prohibited.
Storage of trash bins or trash or recycling containers outside of the building for more
than 18 hours is prohibited.
17. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its
officials, officers, employees, and agents from and against any claim, action, or
proceeding against the City of Arcadia, its officials, officers, employees or agents to
attack, set aside, void, or annul any approval or conditional approval of the City of
Arcadia concerning this project and/or land use decision, including but not limited to
any approval or conditional approval of the City Council, Planning Commission,
Modification Committee, or City Staff, which action is brought within the time period
provided for in Government Code Section 66499.37 or other provision of law
applicable to this project or decision. The City shall promptly notify the applicant of
any claim, action, or proceeding concerning the project and/or land use decision and
the City shall cooperate fully in the defense of the matter. The City reserves the
right, at its own option, to choose its own attorney to represent the City, its officials,
officers, employees, and agents in the defense of the matter.
18. Approval of GPA 15-01, ZC 15-01, ADR 14-23, CUP 15-02, TTM 73453 shall not be
of effect unless on or before 30 calendar days after approval of this project, the
property owner/applicant has executed and filed with the Community Development
Administrator or designee an Acceptance Form available from the Development
Services Department to indicate awareness and acceptance of these conditions of
approval.
Mitigation Measures, Project Design Features and Regulatory Requirements as
Conditions of Approval – The following conditions are found in the Mitigation Monitoring
and Reporting Program (MMRP). They are recorded here to facilitate review and
implementation.
19. AES-1 Prior to issuance of a building permit, the applicant shall demonstrate that all
project windows are glazed or otherwise treated to minimize glare on surrounding
roads and properties, to the satisfaction of the Development Services Director or
designee.
Ordinance 2331 and Resolution Nos. 7100 & 7101
GPA 15-01, ZC 15-01, ADR 14-23, CUP 15-02, TTM 73453
56 E. Duarte Road
December 15, 2015 – Page 22 of 30
20. BIO-1 Construction in either phase should not occur during the local nesting season
(estimated February 1 to July 15). If any construction occurs during the nesting
season, a nesting bird survey shall be conducted by a qualified biologist prior to the
issuance of a grading permit or removal of any large trees on the existing property. If
the biologist determines that nesting birds are present, an area of 100 feet shall be
marked off around the nest and no construction activity can occur in that area during
nesting activities. Grading and/or construction may resume in this area when a
qualified biologist has determined the nest is no longer occupied and all juveniles
have fledged. This measure shall be implemented to the satisfaction of the City
Planning Services.
21. CUL-1 If archaeological resources are discovered during project grading, work shall
be halted in that area until a qualified archaeologist can be retained by the developer
to assess the significance of the find. The project archaeologist shall observe the
remaining earthmoving activities at the project site consistent with Public Resources
Code Section 21083.2(b), (c), and (d). The monitor shall be equipped to record and
salvage cultural resources that may be unearthed during grading activities. The
monitor shall be empowered to temporarily halt or divert grading equipment to allow
recording and removal of the unearthed resources.
22. CUL-2 If paleontological resources (fossils) are discovered during project grading,
work will be halted in that area until a qualified paleontologist can be retained to
assess the significance of the find. The project paleontologist shall monitor
remaining earthmoving activities at the project site and shall be equipped to record
and salvage fossil resources that may be unearthed during grading activities. The
paleontologist shall be empowered to temporarily halt or divert grading equipment to
allow recording and removal of the unearthed resources. Any fossils found shall be
evaluated in accordance with the CEQA Guidelines and offered for curation at an
accredited facility approved by the City of Arcadia. Once grading activities have
ceased or the paleontologist determines that monitoring is no longer necessary,
monitoring activities shall be discontinued. This measure may be combined with
CUL-1 at the discretion of the City Planning Services.
23. CUL-3 In the event of an accidental discovery or recognition of any human remains,
California State Health and Safety Code § 7050.5 dictates that no further
disturbance shall occur until the County Coroner has made the necessary findings
as to origin and disposition pursuant to CEQA regulations and PRC § 5097.98. If
human remains are found, the LA County Coroner’s office shall be contacted to
determine if the remains are recent or of Native American significance. Prior to
issuance of a grading permit, the developer shall include a note to this effect on the
grading plans for the project.
24. GHG-1 To ensure that the proposed project complies with and would not conflict with
or impede the implementation of reduction goals identified in Assembly Bill 32, the
Governor’s Executive Order S-3-05, and other strategies to help reduce greenhouse
gases (GHGs) to the level proposed by the Governor, the project will implement a
variety of measures that will reduce its GHG emissions. To the extent feasible, and
Ordinance 2331 and Resolution Nos. 7100 & 7101
GPA 15-01, ZC 15-01, ADR 14-23, CUP 15-02, TTM 73453
56 E. Duarte Road
December 15, 2015 – Page 23 of 30
to the satisfaction of the City of Arcadia, the following measures will be incorporated
into the design and construction of the project (including specific building projects):
a. Construction and Building Materials. Divert at least 50 percent of the
demolished and/or grubbed construction materials (including, but not limited to,
soil, vegetation, concrete, lumber, metal, and cardboard).
b. Energy Efficiency Measures. Design all project buildings to exceed the
California Building Code Title 24 energy standard by 10 percent, such as by
installing energy-efficient heating and cooling systems, appliances and
equipment, and control systems.
c. Water Conservation and Efficiency Measures. Devise a comprehensive water
conservation strategy appropriate for the project and its location. The strategy
may include the following, plus other innovative measures that may be
appropriate:
• Create water-efficient landscapes within the development.
• Install water-efficient irrigation systems and devices, such as soil moisture-
based irrigation controls.
• Restrict watering methods (e.g., prohibit systems that apply water to non-
vegetated surfaces) and control runoff.
25. HAZ-1 During grading of the project site, including the subterranean parking
structure, a hazardous waste monitor shall be present to determine if onsite soils
contain contamination from local sources. If contamination is observed, the monitor
shall be empowered to halt work in that area to determine the nature and extent of
contamination. The monitor shall make arrangements as appropriate to safely
remediate any contaminated materials including disposal by a certified contractor at
an approved landfill. If no contamination is found, the monitor shall file a brief report
with the City within 30 days of the completion of grading. This measure shall be
implemented to the satisfaction of the City Planning Services.
26. HYD-1 Prior to issuance of a grading permit, the developer shall file a Notice of
Intent (NOI) with the State Water Resource Control Board to be covered under the
National Pollutant Discharge Elimination System (NPDES) General Construction
Permit for discharge of storm water associated with construction activities. The
project developer shall submit to the City the Waste Discharge Identification Number
issued by the State Water Resource Control Board (SWRCB) as proof that the
project’s NOI is to be covered by the General Construction Permit and has been filed
with the SWRCB. This measure shall be implemented to the satisfaction of the City
Engineer, or designee.
27. HYD-2 Prior to issuance of a grading permit, the developer shall submit to the State
Water Resource Control Board (SWRCB) and receive approval for a project-specific
Storm Water Pollution Prevention Plan (SWPPP). The SWPPP shall include a
surface water control plan and Erosion and Sediment Control Plan citing specific
Ordinance 2331 and Resolution Nos. 7100 & 7101
GPA 15-01, ZC 15-01, ADR 14-23, CUP 15-02, TTM 73453
56 E. Duarte Road
December 15, 2015 – Page 24 of 30
measures to control on-site and off-site erosion during the entire grading and
construction period. In addition, the SWPPP shall emphasize structural and
nonstructural best management practices (BMPs) to control sediment and non-
visible discharges from the site. BMPs to be implemented may include (but shall not
be limited to) the following:
• Potential sediment discharges from the site may be controlled by the following:
sandbags, silt fences, straw wattles, fiber rolls, a temporary debris basin (if
deemed necessary), and other discharge control devices. The construction and
condition of the BMPs are to be periodically inspected by the State Water
Resources Control Board during construction, and repairs are to be made as
required.
• Area drains within the construction area must be provided with inlet protection.
Minimum standards are sandbag barriers, or two layers of sandbags with filter
fabric over the grate, properly designed standpipes, or other measures as
appropriate.
• Materials that have the potential to contribute non-visible pollutants to storm water
must not be placed in drainage ways and must be placed in temporary storage
containment areas.
• All loose soil, silt, clay, sand, debris, and other earthen material shall be controlled
to eliminate discharge from the site. Temporary soil stabilization measures to be
considered include: covering disturbed areas with mulch, temporary seeding, soil
stabilizing binders, fiber rolls or blankets, temporary vegetation, and permanent
seeding. Stockpiles shall be surrounded by silt fences and covered with plastic
tarps.
• Implement good housekeeping practices such as creating a waste collection area,
putting lids on waste and material containers, and cleaning up spills immediately.
• The SWPPP shall include inspection forms for routine monitoring of the site during
the construction phase.
• Additional required BMPs and erosion control measures shall be documented in
the SWPPP.
• The SWPPP is to be kept on site for the duration of project construction and shall
be available to the State Water Resource Control Board for inspection.
The developer and/or construction contractor shall be responsible for performing and
documenting the application of BMPs identified in the project-specific SWPPP.
Regular inspections shall be performed on sediment control measures called for in
the SWPPP. Monthly reports shall be maintained and available for City inspection.
An inspection log shall be maintained for the project and shall be available at the site
for review by the City and the State Water Resource Control Board as appropriate.
28. HYD-3 Prior to issuance of a grading permit, the applicant shall prepare a Low
Impact Development (LID) Plan and the site plans shall illustrate the various long-
Ordinance 2331 and Resolution Nos. 7100 & 7101
GPA 15-01, ZC 15-01, ADR 14-23, CUP 15-02, TTM 73453
56 E. Duarte Road
December 15, 2015 – Page 25 of 30
term water quality control features to be installed on this project consistent with the
City’s LID Ordinance as codified in the City’s Municipal Code (MC) Section 8,
Stormwater Management and Discharge Control, Sections 7810-7840. The LID Plan
and site development plans shall incorporate the following Best Management
Practices (BMPs) as outlined in MC Sections 7823 and 7828 as appropriate to
control pollutant runoff and to reduce impacts to water quality to the maximum extent
practicable:
• Divert roof runoff to landscaped areas before discharge.
• Divert surface flow to landscaped areas.
• Maximize permeable areas and minimize impermeable areas per City MC Section
7828(B).
• Retain stormwater runoff onsite per City MC Section 7828(C).
• Provide biofiltration or other appropriate onsite treatment for runoff that cannot be
retained onsite per City MC Section 7828(C).
• Maximize interception and water conservation by planting native and/or drought-
tolerant plants.
• Install an irrigation system and provide landscape maintenance to minimize water
runoff.
• Provide regular mechanical sweeping of private streets and parking lots.
• Provide regular drainage facility inspection and maintenance per City LID
guidelines.
This measure shall be implemented to the satisfaction of the City Engineer, City
Public Works Services Department, and City Planning Services as appropriate,
consistent with the City’s LID Ordinance.
29. HYD-4 Prior to occupancy permit, the developer shall install an emergency sump-
pump in the basement of the project. This sump-pump shall include an emergency
generator or backup battery in case of power outages. The installation of the sump-
pump shall be completed to the satisfaction of the City Engineer, or designee.
30. NOI-1 Prior to issuance of grading and building permits for each phase of the
project, the developer shall prepare a Construction Noise Control Plan and will
submit the plan to the City for review and approval. The plan shall include but will not
be limited to the following:
• During all project site excavation and grading on site, the project contractors shall
equip all construction equipment, fixed or mobile, with properly operating and
maintained mufflers consistent with manufacturers’ standards.
• The project contractor shall place all stationary construction equipment so that
emitted noise is directed away from sensitive receptors nearest the project site.
Ordinance 2331 and Resolution Nos. 7100 & 7101
GPA 15-01, ZC 15-01, ADR 14-23, CUP 15-02, TTM 73453
56 E. Duarte Road
December 15, 2015 – Page 26 of 30
• The construction contractor shall locate equipment staging in areas that will create
the greatest distance between construction-related noise sources and noise-
sensitive receptors nearest the project site during all project construction.
• Temporary construction barriers with a minimum height of 8 feet shall be placed
along the project’s southern and eastern property line during project construction.
• During all project site construction, the construction contractor shall limit all
construction-related activities, including maintenance of construction equipment
and the staging of haul trucks, to between the hours of 7:00 a.m. to 6:00 p.m.
Monday through Friday and 8:00 a.m. to 5:00 p.m. on Saturday. No construction is
permitted on Sundays or any CA Government Code holidays.
• Prior to issuance of a grading or building permit, the developer shall prepare a
haul route and staging plan for trucks hauling earth or construction materials from
the project site to where this material will be disposed. The plan shall be reviewed
and approved by the Arcadia Engineering Services before a grading or building
permit is issued by the City. To the extent feasible, haul routes and truck staging
areas shall not pass sensitive land uses or residential dwellings.
• The developer shall mail written notification to residential occupants within 300
feet of the project site at least 72 hours prior to initiation of demolition, grading,
and excavation activities. This notification shall include a rendering of the project;
a project description; the allowable construction hours; the duration of various
demolition and construction activities; a description of noise reduction
measures/requirements; a name and telephone number for local residents to call
to submit complaints associated with construction noise. The notification shall be
reviewed and approved by Planning Services prior to being mailed. In addition, a
16 square-foot developer-contractor sign with this information shall be posted on-
site at both the Duarte Road frontage and at the First Avenue frontage.
31. NOI-2 Prior to the issuance of building permit for each phase, the developer shall
demonstrate that all frontline bedrooms and living rooms along Duarte Road and
First Avenue shall have air-conditioning to minimize noise impacts from Duarte Road
and First Avenue.
32. NOI-3 Prior to issuance of occupancy permits windows with sound transmission
class 30 or higher shall be installed for bedrooms and living rooms along and within
50 feet of the Duarte Road right-of-way.
33. NOI-4 Prior to issuance of a building permit for each phase, the developer shall
demonstrate that roof-mounted air conditioning units have been placed as far from
the south property boundary as practical to minimize long-term noise impacts from
AC units on adjacent residential units.
34. NOI-5 A Disclosure Statement shall be provided to future tenants or owners of the
dwelling units on Duarte Road prior to the lease or purchase of these dwelling units.
The Disclosure Statement shall state that due to the mixed use nature of the site,
outdoor living areas such as balconies associated with these dwelling units that are
Ordinance 2331 and Resolution Nos. 7100 & 7101
GPA 15-01, ZC 15-01, ADR 14-23, CUP 15-02, TTM 73453
56 E. Duarte Road
December 15, 2015 – Page 27 of 30
directly fronting and exposed to traffic along Duarte Road would be exposed to
excessive traffic noise levels.
35. NOI-6 Signs shall be posted at all loading and unloading docks prohibiting deliveries
to the onsite commercial uses outside of the daytime hours of 7:00 a.m. to 10:00
p.m. This requirement will be included in the project’s conditional use permit which
may be revoked if posted delivery hours are not followed.
36. TRA-1 Prior to issuance of a grading permit, the developer shall prepare a haul route
plan for trucks hauling earth or construction materials from the project site to where
this material will be disposed. The plan shall be reviewed and approved by the
Arcadia Engineering Services before a grading or building permit is issued by the
City, and the City has the ability to limit any hauling activity to off-peak hours.
37. TRA-2 The developer shall notify the City a minimum of seven (7) days prior to the
beginning of any earth moving and or truck hauling activities on the site. The City
shall assess the roadway conditions along the haul route and the developer shall be
responsible for any damages caused to the route during the hauling activities. The
developer shall be responsible for repairing any damages identified by the City prior
to occupancy of any part of the project.
38. TRA-3 Prior to issuance of an occupancy permit, the developer shall be responsible
for installing or causing the following circulation improvement to be constructed to
the satisfaction of the City Engineer, or designee:
• Project Driveway 1/Duarte Road: Restrict access at the project driveway on
Duarte Road to a right-in/right-out driveway.
ENVIRONMENTAL IMPACT
Pursuant to the provisions of the California Environmental Quality Act (CEQA), the
Development Services Department prepared an Initial Study/Mitigated Negative
Declaration (IS/MND) for the proposed project (refer to Attachment No. 9). The Project,
with the proposed mitigation measures, will have less-than-significant impacts. A detailed
review is included in the IS/MND. The mitigation measures and regulatory requirements
have been added as Conditions of Approval Nos. 19-38 for the Project.
The majority of the mitigation measures are standard regulatory requirements for any
project of this size. Mitigation measures specific to this Project have been added to
address traffic circulation and noise impacts to adjacent properties as listed below:
Traffic
• The project driveway on Duarte Road shall be restricted to right-in/right-out.
Noise
• Prior to issuance of grading and building permits for each phase of the project, the
developer shall prepare a Construction Noise Control Plan and will submit the plan to
Ordinance 2331 and Resolution Nos. 7100 & 7101
GPA 15-01, ZC 15-01, ADR 14-23, CUP 15-02, TTM 73453
56 E. Duarte Road
December 15, 2015 – Page 28 of 30
the City Building Official, or designee for review and approval. The Noise Control Plan
shall include various noise mitigation measures to minimize construction noise on
adjacent residential properties (refer to Section 6 of the Initial Study for a detailed list
of mitigation measures).
• Prior to issuance of a building permit for each phase, the developer shall demonstrate
to the City Building Official, or designee that roof-mounted air conditioning units have
been placed as far from the south property boundary as practical to minimize long-
term noise impacts from AC units on adjacent residential properties. As an additional
noise mitigation measure, it is recommended that a condition of approval requiring
any AC units placed within 75 feet of the south property boundary be enclosed at the
south, west, and east sides by noise reducing screen walls.
• Signs shall be posted at all loading and unloading docks prohibiting deliveries to the
onsite commercial uses outside of the hours of 7:00 a.m. to 10:00 p.m. This
requirement will be included in the project’s Conditional Use Permit which may be
revoked if posted delivery hours are not followed.
Refer to Section 6 of the IS/MND and/or the Recommendation section of this staff report
for a full list of environmental mitigation measures.
PUBLIC NOTICE/COMMENTS
Public hearing notices for item before the Planning Commission were mailed on October 6,
2015, to the property owners and tenants of those properties that are located within 300
feet of the subject property. Pursuant to the provisions of the California Environmental
Quality Act (CEQA), the public hearing notice was published in the Arcadia Weekly on
October 8, 2015, including the Notice of Intent
to Adopt the Mitigated Negative Declaration,
which was also filed with the Los Angeles
County Recorder’s Office for the required 30-
day posting on October 6, 2015.
In accordance with Section 21091 of the
California Environmental Quality Act (CEQA)
and Section 15073 of the CEQA Guidelines,
the Draft Initial Study/Mitigated Negative
Declaration (IS/MND) was circulated for public
review and comments for 30 days from October
6 to November 5, 2015. These documents
were made available at Arcadia City Hall and at
the Arcadia Public Library. During this time
period, public agencies, organizations, and the
public in general were afforded the opportunity
to review the Draft IS/MND, and submit written
comments regarding the documents and the
Ordinance 2331 and Resolution Nos. 7100 & 7101
GPA 15-01, ZC 15-01, ADR 14-23, CUP 15-02, TTM 73453
56 E. Duarte Road
December 15, 2015 – Page 29 of 30
proposed project.
Written comments were received from the Los Angeles County Metropolitan
Transportation Authority (MTA), the California Department of Fish and Wildlife, the
California Department of Transportation (Caltrans), and the Los Angeles County Sanitation
Districts – see Attachment No. 6. These comments have been reviewed by staff and a
response to comments drafted and mailed to each of the commenting agencies – see
Attachment No. 6. As outlined in the response to comment attachment, it is staff’s
determination that no changes are needed to the Mitigated Negative Declaration in
response to agency comments.
Prior to the November 10, 2015, Planning Commission Meeting, three public comment
letters were received in response to the public notification. One letter was submitted by a
concerned neighbor in opposition to the project, and two letters were submitted by nearby
business owners in favor of the project – see Attachment No. 6. At the November 10,
2015, Planning Commission Meeting, several residents living nearby the project site spoke
in opposition to the project, as did several members of the San Gabriel Valley Alliance
Church located immediately south of the project site. Their testimony concerned potential
traffic impacts, parking impacts, construction impacts, and neighborhood compatibility of
the project. The applicant has made revisions to the access to the project as a result of
those comments as described in the Planning Commission Review & Recommendation
section of this staff report.
Public hearing notices for this item before the City Council were mailed on November 30,
2015, to the property owners and tenants of those properties that are located within 300
feet of the subject property, and published in the Arcadia Weekly. A copy of this notice
was also mailed to those agencies who commented on the Draft IS/MND.
FISCAL IMPACT
Fees from the project will fund the development’s fair share of impacts from the project on
City utilities and services, including sewer, transportation, electrical, and storm water. The
proposed development would have a limited impact on fire and police services, and would
not have any significant impacts on local schools or parks. The proposed development will
significantly increase the assessed value of the subject property, which will result in
additional property tax. The retail and restaurant components of the development will also
contribute sales tax revenue. These additional revenues will likely offset any additional
service demands created by the Project.
RECOMMENDED ACTION
It is recommended that the City Council take the following action to approve the proposed
project and applications, subject to the conditions of approval listed in this staff report:
1. Introduce Ordinance No. 2331 approving Zone Change No. ZC 15-01 to revise the
Zoning Designation from C-2, General Commercial, to MU, Mixed Use;
Ordinance 2331 and Resolution Nos. 7100 & 7101
GPA 15-01, ZC 15-01, ADR 14-23, CUP 15-02, TTM 73453
56 E. Duarte Road
December 15, 2015 – Page 30 of 30
2. Adopt Resolution No. 7100, approving General Plan Amendment No. GPA 15-01,
amending the General Plan Designation from Commercial to Mixed-Use; and
3. Adopt Resolution No. 7101, approving Conditional Use Permit No. 15-02,
Architectural Design Review No. ADR 14-23, Tentative Tract Map No. TTM 73453,
and Mitigated Negative Declaration and Mitigated Monitoring and Reporting
Program to approve the design of the project, allow restaurants and the sale of
alcoholic beverages, and allow the condominium parcels to be formed.
Attachment No. 1: Ordinance No. 2331
Attachment No. 2: Resolution Nos. 7100 & 7101
Attachment No. 3: Aerial Photo with Zoning Information & Photos of Subject Property and
Vicinity
Attachment No. 4: Architectural Plans, Renderings, and Tentative Tract Map
Attachment No. 5: Commercial Tenants’ Letters of Intent
Attachment No. 6: Public & Agency Comments, and Staff Response to Agency Comments
Memorandum
Attachment No. 7: Study Session Minutes & Design Concept Plans; November 5, 2013 &
August 19, 2014
Attachment No. 8: November 10, 2015 Planning Commission Meeting Minutes, PC Staff
Report, and PC Resolution No. 1950
Attachment No. 9: Draft Initial Study/Mitigated Negative Declaration (IS/MND) dated
September 2015, & Mitigated Monitoring and Reporting Program
(MMRP) dated November 2015
Link to IS/MND Technical Studies:
https://www.dropbox.com/sh/03fizalmmcsruyd/AACvWl3_elLjngjQrTQlarQqa?dl=0
RESOLUTION NO. 7101
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 15- 02,
ARCHITECTURAL DESIGN REVIEW NO. ADR 14-23, AND TENTATIVE
TRACT MAP NO. TTM 73453 AND A MITIGATED NEGATIVE
DECLARATION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT (CEQA) FOR A THREE-STORY, MIXED-USE DEVELOPMENT AT
56 E. DUARTE ROAD
WHEREAS, on November 18, 2014, an application was filed by James Chou on
behalf of Pacific Plaza Arcadia, LLC, for the design review of a three-story mixed-use
commercial-residential project at 56 E. Duarte Road, Development Services
Department Case No. ADR 14-23; and
WHEREAS, on February 25, 2015, applications were filed by James Chou on
behalf of Pacific Plaza Arcadia, LLC, for a General Plan Amendment, Zone Change,
Conditional Use Permit, and Tentative Tract Map, to revise the General Plan
Designation and Zoning Designation of the subject site from Commercial to Mixed-Use,
and approve a three-story, mixed-use commercial-residential project with ground floor
retail and restaurant/cafe uses, and subdivide the residential units for condominium
purposes at 56 E. Duarte Road, Development Services Department Case Nos. GPA 15-
01, ZC 15-01, CUP 15-02, and TTM 73453 (the Design Review, General Plan
Amendment, Zone Change, Conditional Use Permit, and Subdivision applications are
hereafter individually and collectively referred to as the "Project"); and
WHEREAS, on October 6, 2015, the Draft Initial Study/Mitigated Negative
Declaration for the Project was circulated for public review and comments for 30 days
from October 6, 2015 to November 5, 2015; and
WHEREAS, the Initial Study/Mitigated Negative Declaration concluded that the
implementation of the Project will have less-than-significant impacts with mitigation
measures for the following areas: Aesthetics, Biological Resources, Cultural Resources,
Greenhouse Gas Emissions, Hazards/Hazardous Materials, Hydrology, Noise, and
Transportation/Traffic; and
WHEREAS, on November 10, 2015, a duly noticed public hearing was held
before the Planning Commission on said applications, including the Initial
Study/Mitigated Negative Declaration ("IS/MND") at which time all interested persons
were given full opportunity to be heard and to present evidence, and at said hearing the
Planning Commission adopted Resolution No. 1950 by a 4-0 vote with one
commissioner absent, recommending approval of the Project; and
WHEREAS, on December 15, 2015, a duly noticed public hearing was held
before the City Council on said applications, including the IS/MND at which time all
interested persons were given full opportunity to be heard and to present evidence; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have
occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
SECTION 1. That the factual data submitted by the Development Services
Department in the attached report and Initial Study/Mitigated Negative Declaration is
true and correct.
SECTION 2. The City Council finds, based upon the entire record:
2
a. The granting of the Conditional Use Permit will not be detrimental to the public
health or welfare or injurious to the property or improvements in such zone or vicinity.
FACT: The proposed mixed use Project is guided by the policies and vision of
the General Plan for the First Avenue and Duarte Road Land Use Focus Area, and will
be consistent with the detailed development standards in the Zoning Code for mixed-
use developments. The Project will provide opportunities for complementary service
and retail commercial businesses and residential uses to locate on the subject site. The
Project will comply with all zoning and regulatory requirements, and with the mitigation
measures incorporated into the Project will not result in any significant impacts to the
surrounding properties or community as a whole. Based on this information, the
proposed Project will not be detrimental to the public health or welfare or injurious to the
other properties in the vicinity.
b. The use applied for at the location indicated is properly one for which a
Conditional Use Permit is authorized.
FACT: The Mixed Use Zone encourages different land uses (e.g., residential
and commercial) within a mixed-use project that offer opportunities for people to live,
work, shop, and recreate without having to use their vehicles. The proposed Project will
provide an opportunity for a lively street scene to come to this area, and will help
revitalize the Duarte Road and First Avenue commercial area, since it will attract both
commuters to shop or dine, and residents who want to live within walking distance of
commercial amenities.
3
c. The site for the proposed use is adequate in size and shape to accommodate
said use, and all yards, spaces, walls, fences, parking, loading, landscaping, and other
features required to adjust said use with the land and uses in the neighborhood.
FACT: The Project site is appropriate in size and shape to accommodate a
functional and desirable mixed-use development, which includes a pedestrian scaled
outdoor plaza area that is located along Duarte Road. The proposed number of total
parking spaces of 250 spaces exceeds the City's parking requirement of 239 spaces.
The proposed vehicular driveways and on-site circulation will provide effective
automobile access to the site, while also maintaining a safe separation from pedestrian
areas. The building footprint is within the maximum heights, setbacks, lot coverage and
other requirements of the Zoning Code and the design is articulated to help soften the
overall appearance and to shield active uses onsite with passive ones, both onsite and
at adjacent properties. Therefore, the site is adequate in size and shape to
accommodate the proposed use.
d. The site abuts streets and highways adequate in width and pavement type to
carry the kind of traffic generated by the proposed use.
FACT: The site is located along First Avenue and Duarte Road, both of which
are adequate in width and pavement type to accommodate the traffic generated by the
proposed development. A channelized island at the Duarte Road driveway will limit
vehicles exiting from this location to a right-turn only. A Traffic Analysis prepared for
the Project finds that the Project will not create any significant traffic impacts at nearby
intersections or roadways.
4
e. The granting of such Conditional Use Permit will not adversely affect the
comprehensive General Plan.
FACT: The Project includes a General Plan Amendment to revise the
underlying designation of the site from Commercial to Mixed Use. The Project would
advance the goals of the City's General Plan Mixed Use Land Use and Community
Design Element by providing complementary service and retail commercial businesses,
along with residential uses. It also would further the goals of the First Avenue and
Duarte Road Land Use Focus Area identified in the General Plan.
f. The Project together with the provisions for its design and improvement is
consistent with the City's General Plan, the City's Subdivision and Zoning Regulations,
the State Subdivision Map Act, and the City's Architectural Design Guidelines.
FACT: The proposed subdivision will allow the residential component of the
Project to be subdivided for condominium purposes. The subdivision is consistent with
the City's General Plan and Zoning Regulations, as amended by this Project, the City's
Subdivision Regulations, the State Subdivision Map Act, and the City's Architectural
Design Guidelines.
g. The discharge of waste from the proposed subdivision into the community
sewer system will comply with existing requirements prescribed by a California Regional
Water Quality Control Board.
FACT: The Public Works Services Department confirmed that the proposed
development will be adequately served by the existing sewer infrastructure and the
requirements of the California Regional Water Quality Control Board will be satisfied.
5
SECTION 3. Based upon the Initial Environmental Study, the City Council finds
that a Mitigated Negative Declaration and the associated Mitigated Monitoring and
Reporting Program are appropriate for the Project and there will be less than significant
impacts on the environment as a result of the Project as further described in the Initial
Environmental Study.
SECTION 4. For the foregoing reasons, the City Council approves Conditional
Use Permit No. CUP 15-02, Architectural Design Review No. ADR 14-23, and Tentative
Tract Map No. TTM 73453, and adoption of the Mitigated Negative Declaration, subject
to the conditions of approval attached hereto.
SECTION 5. The City Clerk shall certify to the adoption of this Resolution.
Passed, approved and adopted this 15th day of December, 2015.
d___ /- %//
ayo rof the City of Arcadia
ATTEST:
CitifClerk
APPROVED AS TO FORM:
kCt-7g-it 1)-rA XI\
Stephen P. Deitsch
City Attorney
6
Conditions of Approval
1. The Conditional Use Permit for this project allows the following uses: a grocery
store with sale of alcoholic beverages; department stores and other high end retail
uses; and up to 9,540 square-feet of restaurant/bakery space with alcoholic
beverage service. Minor deviations from these approved uses shall be subject to
the review and approval of the Development Services Director, or designee. Any
deviations deemed by the Development Services Director, or designee, to be more
than minor in type or scope shall be subject to approval of a separate Conditional
Use Permit.
2. Prior to issuance of a building permit for construction of the new building, the
applicant/property owner shall prepare and submit an operational security plan that
addresses on-site security for the commercial, residential, and parking structure
areas, subject to the review and approval of the Community Development
Administrator, or designee.
3. Construction for this project shall avoid using First Avenue as either the haul route
or staging area. Prior to issuance of a grading or building permit, the developer
shall prepare a haul route and staging plan for trucks hauling earth or construction
materials from the project site to where this material will be disposed. The plan
shall be reviewed and approved by the Arcadia Engineering Services before a
grading or building permit is issued by the City.
4. On the final construction drawings, the southeast vehicular driveway to the parking
structure shall be relocated to be a minimum of 60 feet from the east property line
as measured to the nearest point of the driveway. The specific location shall be
subject to the review and approval of the Community Development Administrator,
or designee.
5. Commercial uses on the subject property shall neither be open more than sixteen
16) hours, nor other than between 6:00 a.m. and midnight on any day; provided
however that a bakery use may be opened commencing at 5:00 a.m. on each day;
otherwise a separate Conditional Use Permit shall be required.
6. Storage of bikes, toys, laundry, clothing, or any other types of storage is prohibited
on any balcony or private patio area when said items are visible from any public
right-of-way. All patio furniture, patio decorations, barbeque equipment,
landscaping, and other patio items visible from the public right-of-way shall be
consistent in type and appearance with the City's property maintenance standards
and architectural design guidelines. This requirement shall be included in the
CC&R's for the residential condominiums.
7. Outdoor seating along First Avenue shall be restricted to the area directly adjacent
to the commercial space itself, and shall not extend in front of the parking
structure.
7
8. On the final construction drawings, the gray stucco molding above the commercial
level shall be revised to either a precast concrete molding or a decorative brick cap
to match the brick veneer material of the ground floor, subject to the review and
approval of the Community Development Administrator, or designee.
9. The delivery hours for the commercial uses shall be limited to between 7 a.m. and
10 p.m., seven days a week.
10. Rooftop air conditioning units placed within 75 feet of the south property boundary
shall be enclosed at the south, west, and east sides by noise reducing screen
walls, subject to the review and approval of the Community Development
Administrator, or designee.
11. The applicant/property owner shall pay the cost in its entirety for an independent
contract planner/inspector to assist the City with the monitoring and reporting of the
required mitigation measures outlined in the Mitigated Negative Declaration. The
scope of work and selection of the contract planner/inspector shall be determined
by the Development Services Department, and an agreement shall be entered into
between the City and the contract planner/inspector as a consultant, in a form and
substance approved by the City Attorney, and shall be executed prior to issuance
of any building permits. The applicant/property owner shall deposit with the City in
advance of the execution of said agreement, a sum of money deemed by the City,
solely in its discretion, to be adequate to pay the consultant for such services, and
to replenish such deposit from time to time as deemed necessary by the City.
12. The applicant/property owner shall comply with all City requirements regarding
building safety, fire prevention, detection, suppression, emergency access, public
right-of-way improvements, parking, water supply and water facilities, sewer
facilities, trash reduction and recycling requirements, and National Pollutant
Discharge Elimination System (NPDES) measures to the satisfaction of the
Building Official, Fire Marshal, Public Works Services Director and Development
Services Director, or their designees. Compliance with these requirements is to be
determined by having fully detailed construction plans submitted for plan check
review and approval by the foregoing City officials and employees, and shall
include, but shall not be limited to the following:
a. The Owner/Applicant will be required to pay a $125 map fee/final approval
fee prior to approval of the Tract Map.
b. Prior to approval of the Tract Map, submit a separate demolition and
erosion control plan prepared by a registered civil engineer subject to the
approval of the City Engineer, or designee.
c. Prior to approval of the Tract Map and/or issuance of a Certificate of
Occupancy for any portion of the building, the Owner/Applicant shall either
construct or post security for all public improvements to be shown on
Tentative Map 73453, and the following item(s):
8
The Owner/Applicant shall remove and replace the existing sidewalk, curb
and gutter along the property frontage of Duarte Road and First Avenue.
The Owner/Applicant shall remove and replace the existing driveway
approaches along the entire property frontages on Duarte Road and First
Avenue as well as the alley approach on First Avenue.
The Owner/Applicant shall reconstruct the curb ramp at the corner of
Duarte Road and First Avenue to meet current ADA/accessibility
standards.
The Owner/Applicant shall remove and replace the existing asphalt alley
and concrete ribbon gutter to the south of the parcel per City Standard
from Property Line to Property Line.
The Owner/Applicant shall identify on the Tract Map the relocation of any
existing power poles.
d. The Owner/Applicant shall submit a Grading Plan prepared by a
registered civil engineer subject to the approval of the City Engineer, or
designee prior to issuance of a building permit.
e. The Owner/Applicant shall permanently restrict the access at the project
driveway on Duarte Road to a right-in/right-out driveway in accordance
with the recommended circulation improvements identified in the Traffic
Impact Analysis prepared by LSA Associates, Inc., dated September
2015.
f. The Owner/Applicant shall designate the property frontage along Duarte
Road as a, "No Parking Zone."
g. The Owner/Applicant shall submit a Standard Urban Stormwater
Mitigation Plan in compliance with the City's Low Impact Development
Ordinance, subject to the approval of the City Engineer, or designee prior
to the issuance of a building permit.
h. The Developer shall provide calculations to determine the maximum
domestic demand, maximum commercial demand, and maximum fire
demand in order to verify the required water service size.
i. The Developer shall provide separate water services and meters for the
residential, commercial, irrigation and fire services.
j. Domestic water service for the residential condominiums shall be provided
by a common master meter installed within the public right-of-way.
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k. All fire services shall be isolated from domestic water services with
approved backflow prevention devices.
1. A Water Meter Permit Application shall be submitted to the Public Works
Services Department and approved by the Public Works Services
Director, or designee prior to final plan check approval.
m. New water service installations shall be completed by the Developer.
Installations shall be according to the specifications of the Public Works
Services Department, Engineering Section. Abandonment of existing
water services, if necessary, shall be by the Developer, according to
Public Works Services Department, Engineering Section specifications.
n. Connection to the 15" sewer, owned by the Sanitation Districts of Los
Angeles County, in the First Avenue right-of-way shall require approval
from the Sanitation Districts of Los Angeles County and an encroachment
permit from the City.
o. Existing palm trees in the parkway on Duarte Road and First Avenue shall
remain. The Owner/Applicant shall remove the second tree south of
Duarte Road on First Avenue with a permit from the Public Works
Services Department and replace it with one 24" box Queen Palm.
p. The project is subject to the State Water Resources Control Board's
NPDES General Construction Permit requirements. The Owner/Applicant
shall submit a Notice of Intent along with applicable fees to the State of
California and shall prepare a Stormwater Pollution Prevention Plan. The
City will not issue a grading permit until a Waste Discharge ID Number is
furnished by the Owner/Applicant for this project.
q. The project is subject to City of Arcadia Industrial Waste requirements.
Prior to issuance of a building permit, the Owner/Applicant shall submit
two sets of plumbing plans to the Public Works Services Department for
their review and approval. Grease Interceptors shall be required for all
restaurant/cafe uses.
r. The design of the project shall comply with the applicable California
Residential Code and the City of Arcadia Construction Standards to the
satisfaction of the City Building Official or designee. Detailed shoring
plans shall be submitted to Building Services for review during the plan
check process.
s. All areas shall be fire sprinklered. The sprinkler systems serving
commercial areas and residential areas shall be segregated. The fire
sprinkler system shall be monitored by a UL listed central station.
10
Notification appliances shall be provided in all common areas and
residential areas.
t. Class I standpipes shall be provided inside stairwells 1, 2, and 3 on all
levels including the roof. Minimum 2A:1 OBC fire extinguishers shall be
provided in all commercial/parking areas, and on the exterior of the ground
floor of the residential areas. Maximum travel distance to any extinguisher
shall be 75 feet.
u. Two new fire hydrants shall be provided adjacent to the project at the
south side of Duarte Road, and two new fire hydrants shall be provided at
the west side of First Avenue.
v. A Knox boxes shall be provided adjacent to the Lobby area and outside
stairwells 1 and 3 with keys to all common areas and to the commercial
units. Any automatic gates used in parking areas shall be equipped with a
Knox switch.
13. A water-efficient landscape and irrigation plan shall be submitted for plan check to
Building Services. The plans shall include irrigation from the project site to
landscaping within the public rights-of-way.
14. An exterior lighting and parking structure lighting plan and photometric study
showing that light and glare will not exceed one foot-candle at any property line,
shall be submitted to Planning Services for review and approval prior to issuance
of a building permit. The approved lighting shall be installed prior to final
inspection approval and occupancy.
15. Satellite dishes shall not be placed where they are visible from public rights-of-way.
This requirement shall be included in the CC&R's for the residential condominiums.
16. The property owner/applicant shall provide trash collection services as often as
necessary to ensure that there is no buildup of trash on the site or within the
building. Trash placement outside of an authorized trash container is prohibited.
Storage of trash bins or trash or recycling containers outside of the building for
more than 18 hours is prohibited.
17. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and
its officials, officers, employees, and agents from and against any claim, action, or
proceeding against the City of Arcadia, its officials, officers, employees or agents
to attack, set aside, void, or annul any approval or conditional approval of the City
of Arcadia concerning this project and/or land use decision, including but not
limited to any approval or conditional approval of the City Council, Planning
Commission, Modification Committee, or City Staff, which action is brought within
the time period provided for in Government Code Section 66499.37 or other
provision of law applicable to this project or decision. The City shall promptly notify
the applicant of any claim, action, or proceeding concerning the project and/or land
11
use decision and the City shall cooperate fully in the defense of the matter. The
City reserves the right, at its own option, to choose its own attorney to represent
the City, its officials, officers, employees, and agents in the defense of the matter.
18. Approval of GPA 15-01, ZC 15-01, ADR 14-23, CUP 15-02, TTM 73453 shall not
be of effect unless on or before 30 calendar days after approval of this project, the
property owner/applicant has executed and filed with the Community Development
Administrator or designee an Acceptance Form available from the Development
Services Department to indicate awareness and acceptance of these conditions of
approval.
Mitigation Measures, Project Design Features and Regulatory Requirements as
Conditions of Approval - The following conditions 19 — 38 are found in the Mitigation
Monitoring and Reporting Program (MMRP). They are recorded here to facilitate review
and implementation.
19. AES-1 Prior to issuance of a building permit, the applicant shall demonstrate that
all project windows are glazed or otherwise treated to minimize glare on
surrounding roads and properties, to the satisfaction of the Development Services
Director or designee.
20. BIO-1 Construction in either phase should not occur during the local nesting
season (estimated February 1 to July 15). If any construction occurs during the
nesting season, a nesting bird survey shall be conducted by a qualified biologist
prior to the issuance of a grading permit or removal of any large trees on the
existing property. If the biologist determines that nesting birds are present, an area
of 100 feet shall be marked off around the nest and no construction activity can
occur in that area during nesting activities. Grading and/or construction may
resume in this area when a qualified biologist has determined the nest is no longer
occupied and all juveniles have fledged. This measure shall be implemented to the
satisfaction of the City Planning Services.
21. CUL-1 If archaeological resources are discovered during project grading, work
shall be halted in that area until a qualified archaeologist can be retained by the
developer to assess the significance of the find. The project archaeologist shall
observe the remaining earthmoving activities at the project site consistent with
Public Resources Code Section 21083.2(b), (c), and (d). The monitor shall be
equipped to record and salvage cultural resources that may be unearthed during
grading activities. The monitor shall be empowered to temporarily halt or divert
grading equipment to allow recording and removal of the unearthed resources.
22. CUL-2 If paleontological resources (fossils) are discovered during project grading,
work will be halted in that area until a qualified paleontologist can be retained to
assess the significance of the find. The project paleontologist shall monitor
remaining earthmoving activities at the project site and shall be equipped to record
and salvage fossil resources that may be unearthed during grading activities. The
paleontologist shall be empowered to temporarily halt or divert grading equipment
12
to allow recording and removal of the unearthed resources. Any fossils found shall
be evaluated in accordance with the CEQA Guidelines and offered for curation at
an accredited facility approved by the City of Arcadia. Once grading activities have
ceased or the paleontologist determines that monitoring is no longer necessary,
monitoring activities shall be discontinued. This measure may be combined with
CUL-1 at the discretion of the City Planning Services.
23. CUL-3 In the event of an accidental discovery or recognition of any human
remains, California State Health and Safety Code § 7050.5 dictates that no further
disturbance shall occur until the County Coroner has made the necessary findings
as to origin and disposition pursuant to CEQA regulations and PRC § 5097.98. If
human remains are found, the LA County Coroner's office shall be contacted to
determine if the remains are recent or of Native American significance. Prior to
issuance of a grading permit, the developer shall include a note to this effect on
the grading plans for the project.
24. GHG-1 To ensure that the proposed project complies with and would not conflict
with or impede the implementation of reduction goals identified in Assembly Bill 32,
the Governor's Executive Order S-3-05, and other strategies to help reduce
greenhouse gases (GHGs) to the level proposed by the Governor, the project will
implement a variety of measures that will reduce its GHG emissions. To the extent
feasible, and to the satisfaction of the City of Arcadia, the following measures will
be incorporated into the design and construction of the project (including specific
building projects):
Construction and Building Materials. Divert at least 50 percent of the
demolished and/or grubbed construction materials (including, but not limited to,
soil, vegetation, concrete, lumber, metal, and cardboard).
Energy Efficiency Measures. Design all project buildings to exceed the California
Building Code Title 24 energy standard by 10 percent, such as by installing
energy-efficient heating and cooling systems, appliances and equipment, and
control systems.
Water Conservation and Efficiency Measures. Devise a comprehensive water
conservation strategy appropriate for the project and its location. The strategy may
include the following, plus other innovative measures that may be appropriate:
Create water-efficient landscapes within the development.
Install water-efficient irrigation systems and devices, such as soil moisture-
based irrigation controls.
Restrict watering methods (e.g., prohibit systems that apply water to non-
vegetated surfaces) and control runoff.
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25. HAZ-1 During grading of the project site, including the subterranean parking
structure, a hazardous waste monitor shall be present to determine if onsite
soils contain contamination from local sources. If contamination is observed,
the monitor shall be empowered to halt work in that area to determine the
nature and extent of contamination. The monitor shall make arrangements as
appropriate to safely remediate any contaminated materials including disposal
by a certified contractor at an approved landfill. If no contamination is found,
the monitor shall file a brief report with the City within 30 days of the
completion of grading. This measure shall be implemented to the satisfaction
of the City Planning Services.
26. HYD-1 Prior to issuance of a grading permit, the developer shall file a Notice
of Intent (NOI) with the State Water Resource Control Board to be covered
under the National Pollutant Discharge Elimination System (NPDES) General
Construction Permit for discharge of storm water associated with construction
activities. The project developer shall submit to the City the Waste Discharge
Identification Number issued by the State Water Resource Control Board
SWRCB) as proof that the project's NOI is to be covered by the General
Construction Permit and has been filed with the SWRCB. This measure shall
be implemented to the satisfaction of the City Engineer, or designee.
27. HYD-2 Prior to issuance of a grading permit, the developer shall submit to the
State Water Resource Control Board (SWRCB) and receive approval for a
project-specific Storm Water Pollution Prevention Plan (SWPPP). The SWPPP
shall include a surface water control plan and Erosion and Sediment Control
Plan citing specific measures to control on-site and off-site erosion during the
entire grading and construction period. In addition, the SWPPP shall
emphasize structural and nonstructural best management practices (BMPs) to
control sediment and non-visible discharges from the site. BMPs to be
implemented may include (but shall not be limited to) the following:
Potential sediment discharges from the site may be controlled by the
following: sandbags, silt fences, straw wattles, fiber rolls, a temporary
debris basin (if deemed necessary), and other discharge control devices.
The construction and condition of the BMPs are to be periodically
inspected by the State Water Resources Control Board during
construction, and repairs are to be made as required.
Area drains within the construction area must be provided with inlet
protection. Minimum standards are sandbag barriers, or two layers of
sandbags with filter fabric over the grate, properly designed standpipes,
or other measures as appropriate.
Materials that have the potential to contribute non-visible pollutants to
storm water must not be placed in drainage ways and must be placed in
temporary storage containment areas.
14
All loose soil, silt, clay, sand, debris, and other earthen material shall be
controlled to eliminate discharge from the site. Temporary soil
stabilization measures to be considered include: covering disturbed areas
with mulch, temporary seeding, soil stabilizing binders, fiber rolls or
blankets, temporary vegetation, and permanent seeding. Stockpiles shall
be surrounded by silt fences and covered with plastic tarps.
Implement good housekeeping practices such as creating a waste
collection area, putting lids on waste and material containers, and
cleaning up spills immediately.
The SWPPP shall include inspection forms for routine monitoring of the
site during the construction phase.
Additional required BMPs and erosion control measures shall be
documented in the SWPPP.
The SWPPP is to be kept on site for the duration of project construction
and shall be available to the State Water Resource Control Board for
inspection.
The developer and/or construction contractor shall be responsible for
performing and documenting the application of BMPs identified in the project-
specific SWPPP. Regular inspections shall be performed on sediment control
measures called for in the SWPPP. Monthly reports shall be maintained and
available for City inspection. An inspection log shall be maintained for the
project and shall be available at the site for review by the City and the State
Water Resource Control Board as appropriate.
28. HYD-3 Prior to issuance of a grading permit, the applicant shall prepare a Low
Impact Development (LID) Plan and the site plans shall illustrate the various
long-term water quality control features to be installed on this project
consistent with the City's LID Ordinance as codified in the City's Municipal
Code (MC) Section 8, Stormwater Management and Discharge Control,
Sections 7810-7840. The LID Plan and site development plans shall
incorporate the following Best Management Practices (BMPs) as outlined in
MC Sections 7823 and 7828 as appropriate to control pollutant runoff and to
reduce impacts to water quality to the maximum extent practicable:
Divert roof runoff to landscaped areas before discharge.
Divert surface flow to landscaped areas.
Maximize permeable areas and minimize impermeable areas per City MC
Section 7828(B).
Retain stormwater runoff onsite per City MC Section 7828(C).
15
Provide biofiltration or other appropriate onsite treatment for runoff that
cannot be retained onsite per City MC Section 7828(C).
Maximize interception and water conservation by planting native and/or
drought-tolerant plants.
Install an irrigation system and provide landscape maintenance to
minimize water runoff.
Provide regular mechanical sweeping of private streets and parking lots.
Provide regular drainage facility inspection and maintenance per City LID
guidelines.
This measure shall be implemented to the satisfaction of the City Engineer, City
Public Works Services Department, and City Planning Services as appropriate,
consistent with the City's LID Ordinance.
29. HYD-4 Prior to occupancy permit, the developer shall install an emergency
sump-pump in the basement of the project. This sump-pump shall include an
emergency generator or backup battery in case of power outages. The
installation of the sump-pump shall be completed to the satisfaction of the City
Engineer, or designee.
30. NOI-1 Prior to issuance of grading and building permits for each phase of the
project, the developer shall prepare a Construction Noise Control Plan and will
submit the plan to the City for review and approval. The plan shall include but
will not be limited to the following:
During all project site excavation and grading on site, the project
contractors shall equip all construction equipment, fixed or mobile, with
properly operating and maintained mufflers consistent with
manufacturers' standards.
The project contractor shall place all stationary construction equipment so
that emitted noise is directed away from sensitive receptors nearest the
project site.
The construction contractor shall locate equipment staging in areas that
will create the greatest distance between construction-related noise
sources and noise-sensitive receptors nearest the project site during all
project construction.
Temporary construction barriers with a minimum height of 8 feet shall be
placed along the project's southern and eastern property line during
project construction.
16
During all project site construction, the construction contractor shall limit
all construction-related activities, including maintenance of construction
equipment and the staging of haul trucks, to between the hours of 7:00
a.m. to 6:00 p.m. Monday through Friday and 8:00 a.m. to 5:00 p.m. on
Saturday. No construction is permitted on Sundays or any CA
Government Code holidays.
Prior to issuance of a grading or building permit, the developer shall
prepare a haul route and staging plan for trucks hauling earth or
construction materials from the project site to where this material will be
disposed. The plan shall be reviewed and approved by the Arcadia
Engineering Services before a grading or building permit is issued by the
City. To the extent feasible, haul routes and truck staging areas shall not
pass sensitive land uses or residential dwellings.
The developer shall mail written notification to residential occupants
within 300 feet of the project site at least 72 hours prior to initiation of
demolition, grading, and excavation activities. This notification shall
include a rendering of the project; a project description; the allowable
construction hours; the duration of various demolition and construction
activities; a description of noise reduction measures/requirements; a
name and telephone number for local residents to call to submit
complaints associated with construction noise. The notification shall be
reviewed and approved by Planning Services prior to being mailed. In
addition, a 16 square-foot developer-contractor sign with this information
shall be posted on-site at both the Duarte Road frontage and at the First
Avenue frontage.
31. NOI-2 Prior to the issuance of building permit for each phase, the developer shall
demonstrate that all frontline bedrooms and living rooms along Duarte Road and
First Avenue shall have air-conditioning to minimize noise impacts from Duarte
Road and First Avenue.
32. NOI-3 Prior to issuance of occupancy permits windows with sound transmission
class 30 or higher shall be installed for bedrooms and living rooms along and
within 50 feet of the Duarte Road right-of-way.
33. NOI-4 Prior to issuance of a building permit for each phase, the developer shall
demonstrate that roof-mounted air conditioning units have been placed as far
from the south property boundary as practical to minimize long-term noise
impacts from AC units on adjacent residential units.
34. NOI-5 A Disclosure Statement shall be provided to future tenants or owners of
the dwelling units on Duarte Road prior to the lease or purchase of these
dwelling units. The Disclosure Statement shall state that due to the mixed use
nature of the site, outdoor living areas such as balconies associated with these
17
dwelling units that are directly fronting and exposed to traffic along Duarte Road
would be exposed to excessive traffic noise levels.
35. NOI-6 Signs shall be posted at all loading and unloading docks prohibiting
deliveries to the onsite commercial uses outside of the daytime hours of 7:00
a.m. to 10:00 p.m. This requirement will be included in the project's conditional
use permit which may be revoked if posted delivery hours are not followed.
36. TRA-1 Prior to issuance of a grading permit, the developer shall prepare a haul
route plan for trucks hauling earth or construction materials from the project site
to where this material will be disposed. The plan shall be reviewed and approved
by the Arcadia Engineering Services before a grading or building permit is issued
by the City, and the City has the ability to limit any hauling activity to off-peak
hours.
37. TRA-2 The developer shall notify the City a minimum of seven (7) days prior to
the beginning of any earth moving and or truck hauling activities on the site. The
City shall assess the roadway conditions along the haul route and the developer
shall be responsible for any damages caused to the route during the hauling
activities. The developer shall be responsible for repairing any damages
identified by the City prior to occupancy of any part of the project.
38. TRA-3 Prior to issuance of an occupancy permit, the developer shall be
responsible for installing or causing the following circulation improvement to be
constructed to the satisfaction of the City Engineer, or designee:
Project Driveway 1/Duarte Road: Restrict access at the project driveway
on Duarte Road to a right-in/right-out driveway.
39. Shopping carts provided by any commercial tenants shall be equipped with
technology to prevent removal from the site, subject to the review and approval
of the Development Services Director, or designee.
40. No more than one-third of the residential units shall be available for rental.
18
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA
I, GENE GLASCO, City Clerk of the City of Arcadia, hereby certifies that the
foregoing Resolution No. 7101 was passed and adopted by the City Council of the City of
Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said
Council held on the 15th
day of December, 2015 and that said Resolution was adopted by
the following vote, to wit:
AYES: Council Member Beck, Chandler, Segal, Tay, and Kovacic
NOES: None
ABSENT: None
City Clerk of the
Cites
of Arcadia
19
Attachment No. 6
Attachment No. 6
Preliminary Exemption Assessment
Preliminary Exemption Assessment FORM “A”
PRELIMINARY EXEMPTION ASSESSMENT
(Certificate of Determination
When Attached to Notice of Exemption)
1. Name or description of project: Amendment to Conditional Use Permit No. CUP 15-02 to revise
the approved commercial uses for the mixed-use building currently
under construction at 56 E. Duarte Road
2. Project Location – Identify street
address and cross streets or attach
a map showing project site
(preferably a USGS 15’ or 7 1/2’
topographical map identified by
quadrangle name):
56 E. Duarte Rd. (Between Santa Anita Avenue and First Avenue)
3. Entity or person undertaking
project:
A.
B. Other (Private)
(1) Name Pacific Plaza Arcadia LLC
(2) Address 9661 E. Las Tunas Dr. #A
Temple City, CA 91780
4. Staff Determination:
The Lead Agency’s Staff, having undertaken and completed a preliminary review of this project in
accordance with the Lead Agency's "Local Guidelines for Implementing the California Environmental
Quality Act (CEQA)" has concluded that this project does not require further environmental assessment
because:
a. The proposed action does not constitute a project under CEQA.
b. The project is a Ministerial Project.
c. The project is an Emergency Project.
d. The project constitutes a feasibility or planning study.
e. The project is categorically exempt.
Applicable Exemption Class: Section 15303; New construction or conversion of
small structures.
f. The project is statutorily exempt.
Applicable Exemption:
g. The project is otherwise exempt
on the following basis:
h. The project involves another public agency which constitutes the Lead Agency.
Name of Lead Agency:
Date: May 30, 2018 Staff: Tim Schwehr, Economic Development Analyst