Loading...
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 Page 6 of 14 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 Page 11 of 14 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 0 1000 2000 FEET LosAngelesCounty £¤101 ÃÃ2 ÃÃ42 ÃÃ71 ÃÃ72 ÃÃ19 ÃÃ142ÃÃ90 ÃÃ134 ÃÃ39 ÃÃ57 ÃÃ60 Project Location §¨¦110 §¨¦105 §¨¦210 §¨¦710 §¨¦10 §¨¦605 §¨¦5 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. 9 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. 13 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