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HomeMy WebLinkAboutItem No. 1 - MUP 19-01, TTM 18-06, and ADR 16-25 405 S. 1st Ave DATE: February 26, 2019 TO: Honorable Chairman and Planning Commission FROM: Lisa L. Flores, Planning & Community Development Administrator By: Vanessa Quiroz, Associate Planner SUBJECT: CONTINUATION OF MINOR USE PERMIT NO. MUP 19-01, TENTATIVE TRACT MAP NO. TTM 18-06 (82513), AND SITE PLAN AND DESIGN REVIEW NO. ADR 16-25 FOR A NEW MIXED-USE DEVELOPMENT WITH A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL ACT (“CEQA”) AT 405 S. FIRST AVENUE Recommendation: Adopt Resolution No. 2026 At the February 12, 2019 Planning Commission meeting, the Planning Commission considered a request to approve a new mixed -use project that will have four (4) residential units and a 585 square foot retail space on the ground floor at 405 S. First Avenue. Each residential unit will range from 1,601 to 1,700 square feet, with three bedrooms and three baths. The Commission discussed the limitations of the site and the amount of off-street parking provided for the residential use, even though the entire project complies with the minimum parking requirements. Two of Commissioners felt that the existing parking ratio of 1.5 parking spaces for each unit was not sufficient given that each unit will have three bedrooms and three baths, and two of the four units will only have one parking space. They also had concerns that the site was not within a ¼ mile of the Gold Line Station and that these residents may not utilize public transit, thus needing another parking space on-site when one is not available. The other two Commissioners felt the proposed project was appropriate for this mixed -use corridor, the market should dictate whether or not these units are marketable, and residents will still utilize public transit, including walking to and from the station since the parking structure is usually full by mid-morning. After much discussion, the Commission agreed to continue the public hearing item to the February 26 meeting when all five (5) Commissioners would be present – refer to Attachment Nos. 2 and 3, February 12, 2019 Planning Commission staff report and draft minutes. The Resolution with the conditions of approval has been provided under Attachment No. 1. As stated in the meeting, a mixed-use project is very different from a multifamily project. In fact, the development standards for a mixed-use development are typically more relaxed than for a multifamily development in order to create an urban environment and a walkable community. Whereas, the context of a neighborhood with multifamily development is typically more suburban. Additionally, it is common for the residential units within a mixed-use development to have two to three bedrooms since one of the rooms could be utilized as a workspace. The General Plan goal for this First Avenue corridor is to create mixed-use developments where residents can live, work, and play. All the properties along First Avenue are well within walking distance from the Gold Line station or other transit corridors that have bus routes , and it is the City’s goal to have mixed-use development with residential uses to diversify its housing base while enhancing the aesthetic quality of these corridors. PLANNING COMMISSION ACTION It is recommended that the Planning Commission approve Minor Use Permit No. 19-01, Tentative Tract Map No. TTM 18-06 (82315), and Site Plan and Design Review No. ADR 16-25, subject to the conditions, and find that the project is Categorically Exempt from the California Environmental Quality Act (CEQA), and adopt Resolution No. 2026. Approval If the Planning Commission intends to approve this project, the Commission should move to approve Minor Use Permit No. MUP 19-01, Tentative Tract Map No. TTM 18- 06 (82513), and Site Plan and Design Review No. ADR 16-25, state that the proposal satisfies the requisite findings, and adopt the attached Resolution No. 2026 that incorporates the requisite environmental, subdivision, and architectural design review findings, and the conditions of approval as presented in this staff report, or as modified by the Commission. Denial If the Planning Commission is to deny this project, the Commission should state the specific findings that the proposal does not satisfy based on the evidence presented with specific reasons for denial, and move to deny Minor Use Permit No. 19 -01, Tentative Tract Map No. TTM 18-06 (82513), and Site Plan and Design Review No. ADR 16-25, 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 February 26, 2019, Planning Commission Meeting, please contact Associate Planner, Vanessa Quiroz at (626) 574 -5422, or VQuiroz@ArcadiaCA.gov. Approved: Lisa L. Flores Planning & Community Development Administrator Attachment No. 1 – Resolution No. 2026 Attachment No. 2 - Planning Commission Staff Report, dated February 12, 2019 Attachment No. 3 – Draft Planning Commission Minutes, dated February 12, 2019 Attachment No. 1 Resolution No. 2026 Attachment No. 1 Attachment No. 2 Planning Commission Staff Report, dated February 12, 2019 Attachment No. 2 DATE: February 12, 2019 TO: Honorable Chairman and Planning Commission FROM: Lisa L. Flores, Planning & Community Development Administrator By: Vanessa Quiroz, Associate Planner SUBJECT: MINOR USE PERMIT NO. MUP 19-01, A TENTATIVE TRACT MAP NO. TTM 18-06 (82513), AND SITE PLAN AND DESIGN REVIEW NO. ADR 16-25 FOR A NEW MIXED-USE DEVELOPMENT WITH A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”) AT 405 S. FIRST AVENUE Recommendation: Adopt Resolution No. 2026 SUMMARY The applicant, First Arch LLC., is requesting approval of Minor Use Permit No. MUP 19- 01, Tentative Tract Map No. TTM 18-06 (82513), and Site Plan and Design Review No. ADR 16-25 for a mixed-use development that consists of 585 square feet of ground floor retail with four (4) residential condominium units at 405 S. First Avenue. The proposed development and subdivision are consistent with the City’s General Plan, Development Code, and Subdivision Code. As an infill development project, the proposed development qualifies for a Categorical Exemption under the California Environmental Quality Act (CEQA) Section 15332. It is recommended that the Planning Commission approve MUP 19-01, TTM 18-06 (82513), and ADR 16-25, subject to the conditions listed in this staff report, and adopt Resolution No. 2026 – refer to Attachment No. 1. BACKGROUND The subject property is an 8,346 square foot, interior lot, zoned Mixed Use (MU) with a General Plan Land Use Designation of Mixed Use. The property is located along the S. First Avenue commercial corridor just south of the Arcadia Downtown area between Diamond Street and El Dorado Street. The site is surrounded by commercial properties zoned Mixed-Use (MU) along S. First Ave and multiple-family residences to the west zoned R-3 – High Density Residential Zone – refer Attachment No. 2 for an Aerial photo with Zoning Information and Photos of the Subject Property and Vicinity. The site is currently developed with two detached residential units that were built in 1925. The Certificate of Demolition for the subject property was approved on June 25, 2015, however the buildings have not yet been demolished. Resolution No. 2026 MUP 19-01, TTM 18-06 (82513), & ADR 16-25 405 S. 1st Ave February 12, 2019– Page 2 of 11 As part of the new development, a 10 foot dedication will be granted to the City for sidewalk purposes. As a result, the size of the lot will go from 8,346 square feet to 7,796 square feet, but even at the reduced lot size, the proposed project still complies with all the development standards and minimum density. PROPOSAL The proposed project consists of a three-story, Contemporary-style, mixed–use development with four (4) residential units on the upper two floors and a 585 square foot ground floor retail area that fronts S. First Avenue. Each residential unit is two-stories tall with three (3) bedrooms and three (3) bathrooms. The sizes of the residential units range from 1,601 to 1,700 square feet. Each unit will have a private balcony to comply with the open space requirement – refer to Attachment No. 3 for the Proposed Architectural Plans and Attachment No. 4 for the Tentative Tract Map. The proposed mixed-use project is in compliance with the density of 30 dwelling units per acre and maximum Floor Area Ratio (FAR) of 1.0 for nonresidential development. At a size of 585 square feet, the retail spaces only equates to about 7% of the maximum FAR permitted. The parking lot area for both the residences and commercial space is located on the ground level behind the retail unit with vehicular access from S. First Avenue. A total of nine (9) parking spaces will be provided for the project: six (6) parking spaces for the four (4) residential units, as 1.5 parking spaces are required for each residential unit, and three (3) parking spaces for the 585 square foot retail space , as one (1) parking space is required for every 200 square feet of retail space. While the commercial area is designated for a retail business, it is possible that a small restaurant to occupy this space as both uses have the same off -street parking requirement. The required guest parking spaces for the residential uses may also be provided through the required commercial parking. This was to provide flexibility since some of the small lots within the Mixed-Use zone cannot comply with this requirement, and yet build a mixed-use project. Figure 1. Proposed Site Plan/Ground floor N Resolution No. 2026 MUP 19-01, TTM 18-06 (82513), & ADR 16-25 405 S. 1st Ave February 12, 2019– Page 3 of 11 Given that this site is narrow in width and only approximately 140 feet long, the lot does not have sufficient space to accommodate an additional parking space without resulting in an additional parking level or further reducing the size of the commercial space on the ground floor which would be detrimental to the feasibility of the mixed-use project. Therefore, the flexibility provided under the Code is warranted for this project. Thus, the required guest parking space of one (1) guest parking space for every three (3) residential units, will be provided through the designated commercial parking spaces. Because the project only requires six (6) parking spaces for the residential units, the parking distribution for the residential units shall be assigned under the recorded Covenants, Conditions, and Restrictions (CC&Rs). Each parking space will be clearly marked and enforced by the property manager. The building has an overall height of 39’-0”, which does not exceed the maximum height limit of 40’-0”. The project complies with all of the development standards. Since there are exterior stairwells and an open deck less than 10 feet away from the properly line along the northern side of the property, a fire rated wall is required by the California Building Code to help prevent the spreading of fire to the adjacent building. At its highest point, the wall will stand at approximately 23 feet in height to shield the open deck and stairwells areas as required by Building Code. The wall will not be visible from First Ave and will be attached to the building. ANALYSIS The Code requires a Minor Use Permit (MUP) for a mixed-use development within the Mixed-use Zone. The purpose of the MUP is to ensure that the mixed-use project is compatible with the surrounding uses and that it provides an active pedestrian environment with commercial uses located along street frontages with development of the ground floor to be limited to commercial uses. The goal of the MU Zoning is to provide opportunities for commercial and residential mixed-use development that integrate activity without creating conflict and activate the streetscape. Since its initial submittal, the project went through multiple reviews and iteration to ensure the project complied with Code and was deemed compatible with the surrounding properties. Additionally, staff encouraged the property owner to work with the owner next door at 401 S. First Avenue, to possibly utilize their existing driveway that is located off of Diamond Street to provide ingress/egress onto the subject property and create more commercial space along the street frontage to activate the streetscape, but the owners were not receptive to this idea. The proposed project respects the scale of the surrounding buildings and enhances the commercial corridor along S. First Avenue. The mixed-use project provides additional housing options and commercial use to create a vibrant area along First Avenue. The project will also be compatible with the surrounding uses as there are two existing mixed use development on First Avenue, and another new mixed use development that is under construction just south of this site at 56 E. Duarte Road. Resolution No. 2026 MUP 19-01, TTM 18-06 (82513), & ADR 16-25 405 S. 1st Ave February 12, 2019– Page 4 of 11 In terms of the architectural design, the Contemporary-style building is the appropriate style along this street as there are other modern style looking commercial bu ildings - refer to the image below and Attachment No. 3. The design contains a mixture of materials commonly found in the Contemporary style such as dark wooden panels, metal awnings, and decorative metal designs as well as vertical and horizontal wall planes. The design contains a wooden panel that emphasize s the front façade and commercial unit, and helps to break up the visual mass of the building from the street view that will create visual interest and texturing of the façade . The residential units on the upper two floors consist of white and tan colored stucco with sections of wooden panels along the sides to highly the architectural style. The project was designed to activate the street frontage by orienting the retail store toward First Avenue to increase connectivity to the street and enhance the pedestrian experience which is in keeping with the City’s Design Guidelines and the goals and policies of the Arcadia General Plan. The proposal is to also subdivide the airspace through the Tentative Tract Map – refer to 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. The proposed mixed-use condominium development will be consistent with the City’s General Plan, Commercial-Industrial Design Guidelines, Development and Subdivision Codes, and the State Subdivision Map Act. The proposed plans have been reviewed by the various City Departments, and all City requirements shall be complied with to the satisfaction of the Building Official, City Engineer, Planning & Community Development Administrator, Fire Marshal, and Public Works Services Director, or their respective designees. Figure 2. Proposed front elevation Figure 2. Color rendering of front and side elevations. Resolution No. 2026 MUP 19-01, TTM 18-06 (82513), & ADR 16-25 405 S. 1st Ave February 12, 2019– Page 5 of 11 FINDINGS Minor Use Permit Pursuant to Development Code Section 9107.09.050, a Minor Use Permit may be approved for the mixed-use project if all of the following prerequisite conditions are satisfied: 1. That the granting of such Minor Use Permit is consistent with the comprehensive General Plan and any applicable specific plan. Facts in Support of the Finding: Approval of the Minor Use Permit for a mixed- use project in the MU zone is guided by the policies and vision of the Arcadia General Plan to provide opportunities for retail commercial businesses and residential uses along the S. First Ave commercial corridor. The mixed-use project is consistent with the following General Plan goals and policies: Land Use and Community Design Element and Housing Element  Policy LU-1.1: Promote new infill and redevelopment projects that are consistent with the City’s land use and compatible with surrounding existing uses.  Policy LU-6.5: Where mixed use is permitted, promote commercial uses that are complementary to adjacent residential uses.  Policy LU-11: Promote an economically vibrant neighborhood with a mix of residential and commercial uses along First Avenue  Policy H-2.5: Promote commercial/residential mixed use developments in Downtown Arcadia and along First Avenue and Live Oak Avenue. 2. That, subject to the granting of a Minor Use Permit, the use proposed is allowed within the applicable zone and complies with all other applicable provisions of the Development Code and Municipal Code. Facts in Support of the Finding: The zoning of the site is Mixed Use (MU) and the Arcadia Development Code Section 9102.05.020 allows residential units subject to a Minor Use Permit. The MU zone is intended to provide opportunities for commercial and residential mixed-use development that integrate activity without creating conflict. The proposed mixed-use development is in compliance with the density requirements and all applicable development standards , as well as the proposed uses within the commercial space. Therefore, the proposed use will be in compliance all applicable provisions of the Development Code. 3. That the design, location, size, and operating characteristics of the proposed activity will be compatible with the existing and future land uses in the vicinity. Resolution No. 2026 MUP 19-01, TTM 18-06 (82513), & ADR 16-25 405 S. 1st Ave February 12, 2019– Page 6 of 11 Facts in Support of the Finding: The proposed mixed-use development will provide for new opportunities along this corridor zoned for mixed-use development. The mixed-use project will be harmonious with the existing surrounding uses of both residential and commercial development as well as an existing mixed-use development along S. First Ave. Therefore, the design, location, scale, and operating characteristic of the mixed -use project will be compatible with the existing and future land uses in the vicinity. 4. That the site is physically suitable in terms of 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; streets and highways are adequate in width and pavement type to accommodate public an emergency vehicle (e.g., fire and medical) access; public protection, and provisions of utilities. Facts in Support of the Finding: The mixed-use project complies with all related zoning requirements as set fo rth in the Development Code and all applicable regulations and requirements set forth by various City Departments. The total number of parking spaces for this project complies with the City’s parking requirements. The site can be adequately served by all the required utilities and public services. Therefore, the project site is adequate in size and shape to accommodate the proposed mixed-use development. 5. That the type, density, and intensity of use 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 in Support of the Finding: The proposed mixed-use development will not adversely affect the public convenience, health, interest, safety, or general welfare of the surrounding properties and uses. The project does not require any modifications and is in compliance with all of the development standards and permitted uses in the Mixed-use zone. The construction of the mixed-use project will meet all Building and Fire Codes, and all other applicable regulations. Tentative Tract Map The proposal for mixed-use condominium development requires that they be subdivided through the Tentative Tract Map process – see Attachment No. 4 for the Tentative Tract Map No. TTM 18-06 (82513). The proposed subdivision complies with the subdivision regulations of the Arcadia Municipal Code and the State Subdivision Map Act, and the California Regional Water Quality Control Board requirements. The following findings are required for approval of a Tentative Tract Map: Resolution No. 2026 MUP 19-01, TTM 18-06 (82513), & ADR 16-25 405 S. 1st Ave February 12, 2019– Page 7 of 11 A. The proposed map, subdivision design, and improvements are consistent with the General Plan, any applicable specific plan, and the Subdivisions Division of the Development Code. Facts in Support of the Finding: The proposed map and subdivision design are in conformance with all of the provisions under the Subdivision Division of the Development Code. The site is physically suitable for the type of development, and the architectural design for the building respects the scale and character of the S. First Avenue commercial corridor as well as the multifamily residences to the west of this site. Approval of the proposed mixed-use development is consistent with the Mixed-Use General Plan Land Use Designation and the Mixed-use (MU) zoning of the site. B. The site is physically suitable for the type and proposed density of development. Facts in Support of the Finding: The site is physically suitable for the mixed- use development. The Mixed-use (MU) zone allows both residential and commercial uses on the site. Both uses are in compliance with the underlining density and maximum floor area ratio requirements. The proposed mixed-use project is in compliance with applicable development standards. There are no physical impediments to the development of this site for residential and commercial condominium development. C. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. Facts in Support of the Finding: The proposed tentative tract map is for a subdivision of an infill site. There is no protected aquatic or wildlife habitat on the subject property. Therefore, the subdivision of the lot and the proposed improvement will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. D. The design of the subdivision or type of improvements is not likely to cause serious public health or safety problems. Facts in Support of the Finding: The proposed subdivision is for condominium purposes. No portion of the land will be physically subd ivided. The construction of the mixed-use project will meet all Building and Fire Codes, all other applicable regulations, and will not cause any public health or safety problems. Therefore, the proposed project and subdivision will not cause any serious public health or safety problems. E. The design of the subdivision or the type of improvements will not conflict with easements acquired by the public at large for access through or use Resolution No. 2026 MUP 19-01, TTM 18-06 (82513), & ADR 16-25 405 S. 1st Ave February 12, 2019– Page 8 of 11 of, property within the proposed subdivision (This finding shall apply only to easements of record or to easements established by judgement of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision). Facts in Support of the Finding: The site design, subdivision, and all proposed on-site and off-site improvements will not conflict with easements acquired by the public at large for access through or use of, property within the proposed subdivision. Moreover, a 10 feet dedication shall be provided to the City of Arcadia for proper utilization of the parkway area for utilities and pedestrian access. Based on the tentative tract map, there are no such easements on the subject property. F. The discharge of sewage from the proposed subdivision into the community sewer system will not result in violation of existing requirements specified by the California Regional Water Quality Control Board. Facts in Support of the Finding: The Arcadia Public Works Services Department determined that the City’s existing infrastructure will adequately serve the new development, and the requirements of the California Regional Water Quality Control Board will be satisfied. G. The design of the subdivision provides, to the extent feasible, passive or natural heating and cooling opportunities. Facts in Support of the Finding: The Project has been designed to comply with the California Building Code, which includes regulations pertaining to energy conservation. H. The proposed subdivision, its design, density, and type of development and improvements conforms to the regulations of the City’s Development Code and the regulations of any public agency having jurisdiction by law. Facts in Support of the Finding: The proposed subdivision complies with the density requirements of the City’s Development Code, and all the improvements required for the site and each unit will comply with the regulations in the City’s Development Code. ENVIRONMENTAL ASSESSMENT It has been determined that the project site is less than five (5) acres; the project site has no value as habitat for endangered, rare or threatened species; the proposed project will not have any significant effects upon the environment, and the site can be Resolution No. 2026 MUP 19-01, TTM 18-06 (82513), & ADR 16-25 405 S. 1st Ave February 12, 2019– Page 9 of 11 adequately served by all the required utilities and public services. Therefore, the project is exempt under Class 32 (In-Fill Development Projects) pursuant to Section 15332 of the State California Environmental Quality Act (CE QA) Guidelines. Refer to Attachment No. 5 for the Preliminary Exemption Assessment. PUBLIC NOTICE/COMMENTS A public hearing notice for this item was published in Arcadia Weekly and mailed to the property owners located within 300 feet of the subject property on January 31, 2019. As of February 8, 2019, no comments were received regarding this project. RECOMMENDATION It is recommended that the Planning Commission approve Minor Use Permit No. 19-01, Tentative Tract Map No. TTM 18-06 (82315), and Site Plan and Design Review No. ADR 16-25, subject to the following conditions, and find that the project is Categorically Exempt from the California Environmental Quality Act (CEQ A), and adopt Resolution No. 2026, subject to the following conditions of approval: 1. The project shall be developed and maintained by the applicant/property owner in a manner that is consistent with the plans submitted and conditionally approved for Minor Use Permit No. MUP 19-01, Tentative Tract Map No. TTM 18-06 (82513) and Site Plan and Design Review No. ADR 16-25, subject to the approval of the Planning & Community Development Administrator or designee. 2. A 10’-0” wide dedication from property line to property line along S. First Avenue shall be granted to the City of Arcadia for sidewalk purposes to create a 40’-0” wide right of way measured from the centerline of the street. The entire 10’-0” wide parkway shall be sidewalk. 3. The applicant/property owner shall be required to pay a $100 Map fee and $25 Final Map Approval fee prior to the approval of the Tract Map. 4. Prior to the demolition of the existing structures, the applicant/property owner shall submit to the City Engineer for approval a separate demolition and erosion control plan prepared by a registered Civil Engineer. 5. The applicant/property owner shall remove and replace the existing sidewalk, curb, and gutter along S. First Ave from property line to property line. 6. The applicant/property owner shall construct a new sidewalk along S. First Avenue from property line to property line. 7. The applicant/property owner shall construct the new driveway approach per the City of Arcadia standard. Resolution No. 2026 MUP 19-01, TTM 18-06 (82513), & ADR 16-25 405 S. 1st Ave February 12, 2019– Page 10 of 11 8. The applicant/property owner shall submit a Grading Plan prepared by a registered Civil Engineer subject to the approval of the City Engineer prior to the issuance of a building permit. 9. The applicant/property owner shall submit a Low Impact Development (LID) Plan for review and approval by the City Engineer prior to the issuance of a building permit. 10. The applicant/ property owner shall submit water calculations to the Public Works Services Department to determine the total combined maximum domestic and fire demand and to verify the required water service size requirements. 11. The applicant/property owner shall provide separate water and meters for specific residential, commercial, and irrigation use. A backflow protection shall be installed for irrigation and commercial services. 12. A Water Meter Clearance Application, filed with the Public Works Services Department, shall be required prior to permit issuance. 13. New water service installation shall be by the applicant/property owner. Installation shall be according to the specifications of the Public Works Services Department, Engineering Division. Abandonment of existing wate r services, if necessary, shall be by the Developer, according to Public Works Services Department, Engineering Division specifications. 14. The applicant/property owner shall utilize the existing sewer lateral if possible. 15. If any drainage fixture is lower than the elevation of the next upstream manhole cover (461.79'), an approved type of backwater valve is required to be installed on the sewer lateral behind the property line. 16. The project shall comply with the current California Building Code including Chapter 11A Residential Accessibility Standards and with the Arcadia Multi-Family Standards to the satisfaction of the City Building Official or designee . 17. A knox box shall be provided at an approved location. Knox switches shall be provided for any automatic vehicular gates. 18. The building shall be fully fire sprinklered per the City of Arcadia Fire Department Commercial Sprinkler Standard. The first floor commercial occupancies shall be provided with a segregated system to ensure the remainder of the building is protected during tenant improvements. 19. The applicant/property owner shall provide a minimum 2A:10BC fire extinguishers in the basement garage level and on the first floor. Resolution No. 2026 MUP 19-01, TTM 18-06 (82513), & ADR 16-25 405 S. 1st Ave February 12, 2019– Page 11 of 11 20. The applicant/property owner shall install illuminated exit signage and emergency lighting for the parking area. 21. 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 faciliti es, 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 Planning & Community Development Administrator. 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. 22. The applicant/property owner 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, 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/o r 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. 23. Approval of MUP 19-01, TTM 18-06 (82513), and ADR 16-25 shall not take effect unless on or before 30 calendar days after the Planning Commission adoption of the Resolution, the applicant and property owner have executed and filed with the Planning & 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 project, the Commission should move to approve Minor Use Permit No. MUP 19-01, Tentative Tract Map No. TTM 18- 06 (82513), and Site Plan and Design Review No. ADR 16-25, state that the proposal satisfies the requisite findings, and adopt the attached Resolution No. 2026 that incorporates the requisite environmental, subdivision, and architectural design review findings, and the conditions of approval as presented in this staff report, or as modified by the Commission. Resolution No. 2026 MUP 19-01, TTM 18-06 (82513), & ADR 16-25 405 S. 1st Ave February 12, 2019– Page 12 of 11 Denial If the Planning Commission is to deny this project, the Commission should state the specific findings that the proposal does not satisfy based on the evidence presented with specific reasons for denial, and move to deny Minor Use Permit No. 19-01, Tentative Tract Map No. TTM 18-06 (82513), and Site Plan and Design Review No. ADR 16-25, 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 February 12, 2019, Planning Commission Meeting, please contact Associate Planner, Vanessa Quiroz at (626) 574-5422, or VQuiroz@ArcadiaCA.gov. Approved: Lisa L. Flores Planning & Community Development Administrator Attachment No. 1: Resolution No. 2026 Attachment No. 2: Aerial Photo with Zoning Information and Photos of the Subject Property and Vicinity Attachment No. 3: Proposed Architectural Plans Attachment No. 4: Tentative Tract Map No. TTM 18-06 (82513) Attachment No. 5: Preliminary Exemption Assessment Attachment No. 1 Resolution No. 2026 Attachment No. 1 Attachment No. 2 Aerial Photo with Zoning Information and Photos of the Subject Properties and Vicinity Attachment No. 2 Overlays Selected parcel highlighted Parcel location within City of Arcadia Yes Property Owner(s): Lot Area (sq ft): Year Built: Main Structure / Unit (sq. ft.): MU Number of Units: MU Property Characteristics 1925 896 0 QIAN,DAVY AND LU,NICOLE Site Address:405 S 1ST AVE Parcel Number:5779-001-019 N/A Zoning: General Plan: Yes Downtown Overlay: Downtown Parking Overlay: Architectural Design Overlay:N/A N/A N/A N/A Residential Flex Overlay: N/A N/A N/A N/A Special Height Overlay: N/A Parking Overlay: Racetrack Event Overlay: This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. Report generated 25-Jan-2019 Page 1 of 1 Subject site at 405 S. 1st Avenue Subject site at 405 S. 1st Avenue Medical office at 409 S. 1st Avenue. Commercial businesses to the South of the subject site. Commercial businesses to the North of the subject site. First Avenue Middle School to the North of the subject site. Commercial businesses to the North-east of the subject site. Mixed-use development at 308 S. 1st Avenue. Commercial business across the street of the subject site. Commercial business across the street of the subject site. Commercial business across the street of the subject site. Multi-family development to the West of the site. Multi-family development to the West of the site. Multi-family development to the West of the site. Attachment No. 3 Proposed Architectural Plans Attachment No. 3 Attachment No. 4 Tentative Tract Map No. TTM 18-06 (82513) Attachment No. 4 Attachment No. 5 Preliminary Exemption Assessment Attachment No. 5 Preliminary Exemption Assessment FORM “A” PRELIMINARY EXEMPTION ASSESSMENT 1. Name or description of project: Minor Use Permit No. 19-01, Tentative Tract Map No. TTM 18- 06 (82513), and Site Plan and Design Review No. ADR 16-25 for a new mixed-use project. 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): 405 S. 1ST Ave between Diamond Street and El Dorado Street. 3. Entity or person undertaking project: A. B. Other (Private) (1) Name First Arch, LLC. (2) Address 501 S. 1st Ave, Unit #F Arcadia, CA 91006 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: 15332 – Class 32 (Infill Development) 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: 1/25/19 Staff: Vanessa Quiroz, Associate Planner Attachment No. 3 Draft Planning Commission Minutes, dated February 12, 2019 Attachment No. 3 ARCADIA PLANNING COMMISSION REGULAR MEETING MINUTES TUESDAY, February 12, 2019 Any writings or documents provided to a majority of the Planning Commission regarding any item on this agenda will be made available for public inspection in the City’s Planning Services Office located at 240 W. Huntington Drive, Arcadia, California, during normal business hours. CALL TO ORDER Chair Thompson called the meeting to order at 7:02 p.m. in the City Council Chamber PLEDGE OF ALLEGIANCE ROLL CALL PRESENT: Chair Thompson, Vice-Chair Lewis, and Commissioners Chan, Lin and Wilander ABSENT: None It was moved by Commissioner Chan, seconded by Vice Chair Lewis to excuse Commissioner Lin from the meeting. SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS There was none. PUBLIC COMMENTS (5 minute time limit per person) There were none. PUBLIC HEARING All interested persons are invited to appear at a public hearing and to provide evidence or testimony concerning any of the proposed items set forth below for consideration. Separate and apart from the applicant (who may speak longer in the discretion of the Commission) speakers shall be limited to five (5) minutes per person. The applicant may additionally submit rebuttal comments, at the discretion of the Commission. You are hereby advised that should you desire to legally challenge in court any action taken by the Planning Commission regarding any Public Hearing item, you may be limited to raising only those issues and objections you or someone else raised at the public hearing or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. 1. Resolution No. 2025- Approving Tentative Parcel Map No. TPM 18-04 (71885) with a Categorical Exemption under the California Environmental Quality Act (“CEQA”) to subdivide a 7.65 acre parcel into two legal lots located at 618 Michillinda Avenue and 601 Sunset Boulevard. Applicant: Philip Chan, PDS Studio, Inc. Recommended Action: Adopt Resolution No. 2023 Planning & Community Development Administrator, Lisa Flores introduced the item and turned it over to Senior Planner, Luis Torrico to present the project. Chair Thompson opened the public hearing and asked if the applicant would like to speak on the item. Applicant Samir Khoury spoke. Chair Thompson asked if there were anyone else who would like to speak in favor of the proposal. No one responded. 2 2-12-19 Chair Thompson asked if there were anyone who would like to speak in opposition to the proposal. . No one responded. MOTION- PUBLIC HEARING It was moved by Vice Chair Lewis, seconded by Commissioner Chan to close the public hearing. Without objection, the motion was approved. DISCUSSION The Commission was in agreement with the findings and that the subdivision makes sense for the site given that there are two different uses. MOTION It was moved by Commissioner Chan, seconded by Thompson to adopt Resolution No. 2025 - Approving Tentative Parcel Map No. TPM 18-04 (71885) with a Categorical Exemption under the California Environmental Quality Act (“CEQA”) to subdivide a 7.65 acre parcel into two legal lots located at 618 Michillinda Avenue and 601 Sunset Boulevard. ROLL CALL AYES: Chair Thompson, Vice Chair Lewis, and Commissioners Chan, and Wilander NOES: None ABSENT: Commissioner Lin There is a ten day appeal period after the approval/denial of the Appeal. If adopted, appeals are to be filed by 4:30 pm on Friday, February 22, 2019. 2. Resolution No. 2024 - Approving Site Plan and Design Review No. ADR 18-03 and a Categorical Exemption under the California Environmental Quality Act (CEQA) for a new four- story commercial development at 288 N. Santa Anita Avenue. Recommended Action: Adopt Resolution No. 2024 Planning & Community Development Administrator, Lisa Flores introduced the item and turned it over to Associate Planner Peter Sun to present the project. Chair Thompson opened the public hearing and asked if the applicant would like to speak on the item. Ron Holley spoke on behalf of the property owner. Chair Thompson asked if there were anyone else who would like to speak in favor of the proposal. No one responded. Chair Thompson asked if there were anyone who would like to speak in opposition to the proposal. 3 2-12-19 Kevin Zimmerman, owner of a property to the north of the subject site, spoke. He stated that he is not necessarily opposed to the project, but there is limited parking in the area and this project will add to that. The Metro Gold Line has added to parking and traffic issues in the area. He thanked City Engineer, Phil Wray and acknowledged that the four (4) hour parking signs that have been installed have helped. He likes the design of the project but he is worried that it will create congestion on the ground floor parking level at the subject site as people will be inclined to park there rather than the higher levels within the structure. He would not mind having discussions with the City if it is determined that a traffic signal at St. Joseph Street/Santa Anita is necessary. . Chair Thompson asked if the applicant would like to respond to Mr. Zimmerman. Mr. Holley acknowledged Mr. Zimmerman’s comments regarding parking. He stated that they have tried to provide adequate parking and employees of the office use will likely park on the second and third levels rather than the street/first level parking. He stated there may be parking restrictions considered by the property owner in the future such as a restrictive parking arm. He addressed the concern of the intersection of St. Joseph Street/Santa Anita Avenue and that may need to be addressed in the future, possibly by restricting the flow of traffic from St. Joseph onto First Street to a left turn only. They further discussed potential parking restrictions for the site, employee parking, signage for the building, and landscaping. MOTION- PUBLIC HEARING It was moved Vice Chair Lewis, seconded by Chair Thompson to close the public hearing. Without objection, the motion was approved. DISCUSSION Chair Thompson commented on the landscaping and stated that in a vertical development such as this one, having more greenery is better. He was pleased with the project and the reciprocal parking arrangement. The site is a perfect transit-oriented site and it is a great project for the Santa Anita corridor. The proposal is compatible with the General Plan and the facts that support the findings in the staff report are well-defined. Should the property owner choose to install a parking gate arm, then he suggests a three (3) or four (4) hour free parking window to enable those who would park on St. Joseph Street to utilize the parking structure. Vice Chair Lewis stated that although she is a little concerned with parking, it appears as though there is enough leeway that it will work itself out. She offered a suggestion for the business to offer a public transit incentive program to encourage employees to use the Gold Line. She complimented staff and stated that she loves the appearance of the project and appreciates the design elements particularly the hidden parking, the structure of the building, the open area below, and the setbacks on the balcony. She added that this project will be a welcome addition to the business corridor and she hopes more projects in the future feature a rooftop green space such as this one. . Commisioner Wilander also likes the design of the project. She appreciates that the development will be easily accessible to the Gold Line, which is especially beneficial for employees. She was in agreement with Vice Chair Lewis that a public transit incentive program for employees would be great. 4 2-12-19 Commissioner Chan thinks this is a great project and it will be an improvement to the existing site. He requested that the developer and/or landscape architect add planter boxes on Santa Anita Avenue to add more greenery. He is concerned with parking as this is always an issue due to the Gold Line. He would like to see at least 100 parking spaces reserved for patrons and he was in agreement with his fellow Commissioners to provide an incentive program for employees to take advantage of public transportation. Lastly, he hopes that this will not be a location where scooters are abandoned. MOTION It was moved by Vice Chair Thompson, seconded by Commissioner Wilander to adopt Resolution No. 2024 approving Site Plan and Design Review No. ADR 18-03 and a Categorical Exemption under the California Environmental Quality Act (CEQA) for a new four story commercial development at 288 N. Santa Anita Avenue. ROLL CALL AYES: Vice Chair Lewis, and Commissioners Chan, Lin, and Wilander NOES: None ABSENT: Commissioner Lin 3. Resolution No. 2026 – Approving Minor Use Permit No. MUP 19-01, Tentative Tract Map No. TTM 18-06 (82513), and Site Plan and Design Review No. ADR 16-25 for a mixed-use development with a Categorical Exemption under the California Environmental Quality Act (“CEQA”) at 405 S. First Avenue. Applicant: First Arch, LLC. Recommended Action: Adopt Resolution No. 2026 Ms. Flores introduced the item and turned it over to Associate Planner Vanessa Quiroz to present the project. Chair Thompson opened the public hearing and asked if the applicant would like to speak on the item. Applicant Caleb Wong representing the architects spoke. Chair Thompson asked if there were any questions for the applicant. There were none. Chair Thompson asked if there were anyone else who would like to speak in favor of the proposal. No one responded. Chair Thompson asked if there were anyone who would like to speak in opposition to the proposal. . No one responded. 5 2-12-19 MOTION- PUBLIC HEARING It was moved by Vice Chair Lewis, seconded by Chair Thompson to close the public hearing. Without objection, the motion was approved. DISCUSSION The Commission discussed limitations of the site including the narrow lot and the size and/or width of the lot and the amount of on-site parking. Commissioner Wilander understands that it is difficult to fit all four (4) units on the property due to the site’s limitations; however she thinks that the site may not be appropriate for four (4) units. Commercial Chan stated concerns with parking and with the commercial component of the project. If the owner of the project is willing to build four (4) units and is confident that the project will succeed, then they will need to take that chance. He does not think a restaurant would be appropriate at the site due to the parking limitations. Vice Chair Lewis inquired as to whether or not the City had considered extending the existing diagonal parking spaces further down First Avenue to accommodate more street parking? Ms. Flores responded and stated that extending the diagonal parking has not been considered. She also stated that the parking requirements for mixed-use projects are more flexible than for multi-family development in order to create an urban environment and to ensure lots that have limitations because of their lot width or size can still be redeveloped. While not all the units will get two parking spaces, it is a choice based on the owner’s lifestyle, public transit is nearby, and the parking area will be enforced/managed through the CC&R’s. Further, on First Avenue, street parking is limited to two (2) hours, which helps prevent residents from using off-street parking as overnight parking. Vice Chair Lewis was in agreement with Ms. Flores that this project seems to be the best that can be done under the given circumstances. In her own experience, she has not had problems finding street parking on First Avenue, though that could change if the area is further developed. Given the narrow lot, the design is good and she is inclined to approve the project. Chair Thompson stated that this mixed-use project lacks the benefit of being close to transit, as it is over a half-mile away. If the number of residential units was reduced to three (3) units, that would allow for two (2) parking spaces per unit. It does not make sense to provide 1.5 parking spaces for a three (3) bedroom condominium unit. He stated that the facts do not support the findings listed in the staff report particularly regarding parking. A lack of on-site parking can create a need for residents to apply for overnight parking permits which will increase overnight parking on City streets. He compared the project to the nearby mixed-use project at 56 E. Duarte Road which provided more parking than the Development Code required. He is inclined to not approve the project. Commissioner Chan was somewhat in agreement with the parking, but the project complies per code and the market will dictate whether or not a buyer would want to purchase a unit with parking limitations. Chair Thompson stated that the City is looking for additional parking resources in the downtown area and are concerned with overnight parking. A job of the Commission is to evaluate projects on quality of design, compatibility and harmonious development. The project may work if it is 6 2-12-19 redesigned to have fewer units and thus more parking spaces per unit. Although a project may comply per code, that does not mean it is a viable and functionable development. Commissioner Wilander agreed that the Commission has a responsibility to say if a project is not appropriate then it needs to be revised. Vice Chair Lewis inquired as to whether it would be financially feasible or not for the owner to reduce a unit from four (4) units to three (3)? Chair Thompson reopened the public hearing to enable the applicant to respond. Mr. Wong said that given the project has been in progress since 2013 and has been through several iterations, the owner does not think it would be financially feasible to reduce the number of units. They have tried to reduce the retail space to add an additional parking space but staff felt reducing the retail space was not best for the design of the project. Vice Chair Lewis asked Ms. Flores if a traffic study was prepared for the project. Ms. Flores responded stating that a traffic study was not required for this project due to CEQA guidelines and that this is an infill development where the zoning allows for this use and the project complies per code. Had the project not complied per code, we would analyze the potential impacts but it still would not warrant a traffic study. After additional discussion and the anticipation of a tie vote, the Commission agreed to continue the item a date certain, February 26, 2019, so the project would not have to re-noticed, and a full Commission will be present. The Applicant was in agreement with the continuance. MOTION It was moved by Vice Chair Lewis, seconded by Commissoner Wilander to continue this item to the February 26, 2019 Planning Commission meeting. ROLL CALL AYES: Chair Thompson, Vice Chair Lewis, and Commissioners Chan, and Wilander NOES: None ABSENT: Commissioner Lin CONSENT CALENDAR All matters listed under the Consent Calendar are considered to be routine and can be acted on by one roll call vote. There will be no separate discussion of these items unless members of the Commission, staff, or the public request that specific items be removed from the Consent Calendar for separate discussion and action. 4. Minutes of the January 8, 2019 Arcadia Planning Commission Regular Meeting Recommended Action: Approve MOTION It was moved by Vice Chair Lewis, seconded by Chair Thompson to approve Consent Calendar Item 2, approving the January 8 Arcadia Planning Commission Regular Meeting minutes. 7 2-12-19 ROLL CALL AYES: Chair Thompson, Vice Chair Lewis, and Commissioners Chan, and Wilander NOES: None ABSENT: Commissioner Lin MATTERS FROM CITY COUNCIL LIAISON City Council Liaison Amundson commented on the parking concerns near/at the Gold Line. He discussed the City’s mid-year budget review and reported that at their last meeting, the City Council declared a fiscal emergency. On February 19, the proposed Historic Preservation Ordinance will be brought before the Council. Lastly, on March 5, the City Council will discuss how to respond to the fiscal emergency. MATTERS FROM THE PLANNING COMMISSONERS Commissioner Chan stated that he will be unable to attend the March 26 meeting and he requested to be excused. He asked Deputy Development Services Director/City Engineer Phil Wray if there have been any studies done regarding parking near the Gold Line station. Assistant City Manager/Development Services Director Jason Kruckeberg responded and stated that a parking study of the Downtown area is currently in progress and that staff can report the study results to the Commission after it is completed. There was additional discussion on scooters in the City, affordable housing, and traffic concerns in the City. MATTERS FROM CITY ATTORNEY Assistant City Maurer had nothing to report. MATTERS FROM STAFF INCLUDING UPCOMING AGENDA ITEMS Ms. Flores announced that there will be three (3) items at the next meeting: A discussion of the parking requirements for residential zones, a Tentative Tract Map application for the a ten residential condominium development located at 1222 Temple City Boulevard, and the continuation of Agenda Item No. 3. ADJOURNMENT The Planning Commission adjourned this meeting at 9:04 p.m. to Tuesday, February 26, 2019 in the City Council Chamber at 240 W. Huntington Dr., Arcadia. Brad Thompson Chair, Planning Commission ATTEST: Lisa Flores Secretary, Planning Commission