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HomeMy WebLinkAbout2016RESOLUTION NO. 2016 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, 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 BUILDING AT 56 E. DUARTE ROAD WHEREAS, on December 15, 2015 the City Council approved Resolution No. 7101 approving of Conditional Use Permit Application No. CUP 15-02, Architectural Design Review No. ADR 14-23, and Tentative Tract Map No. TTM 73453 for a three- story mixed-use development at 56 E. Duarte Road; and WHEREAS, on March 20, 2018, an application to amend Conditional Use Permit No. CUP 15-02 ("Amendment") was filed by Pacific Plaza Arcadia LLC ("Applicant") to revise the permitted commercial uses at 56 E. Duarte Road (the "Project"); and WHEREAS, on May 30, 2018, Planning Services completed an environmental assessment for the Project in accordance with the California Environmental Quality Act ("CEQA") and recommends that the Planning Commission determine that the Project qualifies as a Class 3 Categorical Exemption under CEQA pursuant to Section 15303 of the CEQA Guidelines pertaining to new construction or conversion of small structures; and WHEREAS, on June 26, 2018, a duly noticed public hearing was held before the Planning Commission on said application, at which time all interested persons were given full opportunity to be heard and to present evidence. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, HEREBY RESOLVES AS FOLLOWS: 1 SECTION 1. The factual data submitted by the Community Development Division in the staff report dated June 26, 2018 are true and correct. SECTION 2. This Commission finds that based upon the entire record, pursuant to Section 9107.09.050 of the Development Code, all of the following findings can be made. 1. The proposed use is consistent with the General Plan and any applicable specific plan. Facts to Support This Finding: The 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 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. 2 • 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; 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. 3 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. 0 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 parking is adequate to accommodate the amended commercial uses. The Amendment is consistent with the General Plan Mixed Use designation of the site. 6. That this Project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 of the CEQA Guidelines pertaining to new construction or conversion of small structures. SECTION 3. For the foregoing reasons the Planning Commission determines that the Project is Categorically Exempt per Class 3, Section 15303 of the California Environmental Quality Act (CEQA) Guidelines, and approves the 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, subject to the amended conditions of approval attached hereto. SECTION 4. The Secretary shall certify to the adoption of this Resolution. [SIGNATURES ON THE NEXT PAGE] 61 Passed, approved and adopted this ATTEST: ry -1 — -, Lisa L. Flors Secretary APPROVED AS TO FORM: Stephe P. Deitsch City Attorney 101 Z� day of q K -C, 2018. Ken Chan Chairman, Planning Commission STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) §: CITY OF ARCADIA ) I, Lisa Flores, Secretary of the Planning Commission of the City of Arcadia, hereby certify that the foregoing Resolution No. 2016 was passed and adopted by the Planning Commission of the City of Arcadia, signed by the Chair and attested to by the Secretary at a regular meeting of said Planning Commission held on the 26th day of June, 2018, and that said Resolution was adopted by the following vote, to wit: AYES: Chair Chan, Vice Chair Thompson, Commissioners Lewis, Lin, and Fandry NOES: None ABSENT: None do_ Lisa L. Flores Secretary of theanning Commission 7 RESOLUTION NO. 2016 Amended Conditions of Approval of CUP 15-02 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 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. 8 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. 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): • 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. The Owner/Applicant shall designate the property frontage along Duarte Road as a, "No Parking Zone." 10 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. The Developer shall provide separate water services and meters for the residential, commercial, irrigation and fire services. 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. 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. 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. 12 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 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. 19. 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. 20. No more than one-third of the residential units shall be available for rental. 13