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HomeMy WebLinkAboutItem 11d - Final Map No. 73453 (56 E. Duarte Rd.) DATE: December 4, 2018 TO: Honorable Mayor and City Council FROM: Jason Kruckeberg, Assistant City Manager/Development Services Director Prepared By: Tim Schwehr, Senior Management Analyst SUBJECT: FINAL MAP NO. 73453 WITH AN ADOPTED MITIGATED NEGATIVE DECLARATION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”) FOR A 37 RESIDENTIAL UNIT AND ONE COMMERCIAL AIRSPACE LOT SUBDIVISION FOR THE MIXED USE DEVELOPMENT AT 56 E. DUARTE ROAD Recommendation: Approve SUMMARY Tentative tract maps and final maps are required for all subdivisions that result in five or more parcels or condominium units. In accordance with Arcadia Municipal Code Section 9105.03.100, the City Council shall approve a final map if it conforms to all the requirements of the subdivision regulations of the Municipal Code and the State Subdivision Map Act. It is recommended that the City Council approve Final Map No. 73453 for a 37 residential unit and one commercial airspace lot subdivision at 56 E. Duarte Road, as it fully meets these criteria. DISCUSSION Final Map No. 73453 has been reviewed by the Los Angeles County Department of Public Works, and the appropriate City Departments. The map has been found to be in substantial compliance with the tentative map conditionally approved by the City Council on December 15, 2015, and is in compliance with the subdivision regulations of the Municipal Code and the State Subdivision Map Act. On October 24, 2017, the Development Services Department approved a one -year extension of the Tentative Tract Map, extending the expiration date to December 15, 2018. This project has been under construction for 24 months. It is currently in the final stages of construction and it is anticipated that the project will be completed in the first quarter of 2019. FISCAL IMPACT There will be no fiscal impact incurred by the City as a result of this action. Final Map No. 73453 (56 E. Duarte Road) December 4, 2018 Page 2 of 2 ENVIRONMENTAL ASSESSMENT A Mitigated Negative Declaration (“MND”) was approved and adopted by the City Council on December 15, 2015, for the mixed use development at 56 E. Duarte Road and included the subdivision shown on Final Map No. 73453. The development project and subdivision are in compliance with all of the MND’s required mitigation measures. RECOMMENDATION It is recommended that the City Council approve Final Map No. 73453 with an adopted Mitigated Negative Declaration under the California Environmental Quality Act (“CEQA”) for a 37 residential unit and one commercial airspace lot subdivision for the mixed use development at 56 E. Duarte Road. Attachments: 1 – Final Map No. 73453 2 – Letter of Compliance from Los Angeles County 3 – Aerial Photograph of Site 4 – Project Rendering 5 – Resolution No. 7101 approving Tentative Map 6 – Map Extension     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