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HomeMy WebLinkAboutAgenda Packet – Part 1 of 3 – PC Agenda, Minutes, and Staff Reports for Item Nos. 1-3CITY OF ARCADIA Arcadia Planning Commission Regular Meeting Agenda Tuesday, April 14, 2020, 3:00 p.m. Pursuant to the Americans with Disabilities Act, persons with a disability who require a disability related modification or accommodation in order to participate in a meeting, including auxiliary aids or services, may request such modification or accommodation from Planning Services at (626) 574-5423. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to the meeting. 根据《美国残障人法案》的规定，需要提供残障相关调整或便利设施才能参加会议的残障人士（包括辅助器材或服务），可向规划服务部 请求获得此类调整或便利设施，电话号码 (626) 574-5423。请在会前 48 小时通知规划服务部，以便作出合理安排，确保顺利参加会议。 COVID-19 NOTICE As part of the City of Arcadia’s COVID-19 transmission mitigation efforts, this meeting of the Arcadia Planning Commission will be conducted virtually and the public is discouraged from attending. Per the Brown Act, the public will still be provided the ability to make public comments. For members of the public who would like to participate virtually, the meeting will be streamed live on the City’s website ArcadiaCA.gov/webstream and on ACTV. How to Submit Public Comment: 1.Email: Please submit your comments via email to planning@ArcadiaCA.gov. 2.Phone: A conference line has been established for public comment. Your call will be recognized in the order it was received. Please keep your phone on MUTE until you are recognized for public comment. Conference Line: (425) 436-6363 Access Code: 538309# Please contact the Planning Division at planning@ArcadiaCA.gov or at (626) 574-5423 for more information. 2019年新型冠状病毒（COVID-19）通知 作为阿凯迪亚市政府缓解COVID-19传播工作的一部分，本次阿凯迪亚市议会会议将以虚拟方式举行，不鼓励公众参 加。根据《布朗法案》，仍将向公众提供发表评论意见的机会。对于希望以虚拟方式参加会议的公众，会议将在本市 网站ArcadiaCA.gov/webstream和ACTV上进行现场直播。 如何提交公众评论意见： 1.电子邮件：请通过向planning@ArcadiaCA.gov发电子邮件的方式提交您的评论意见，须在公布的会议时间至少提前 30分钟收到提交的评论意见。您的电子邮件不得超过300个字。 2.电话：已经为公众提交评论意见设立一条会议专线。公众打来的电话按先后顺序接听。您应当将您的电话设为“静 音”，直至轮到您提出评论意见。 会议专线： (425) 436-6363 接入代码： 538309# 详情请洽规划部，电子邮件 planning@ArcadiaCA.gov，电话号码 (626) 574-5423。 Pursuant to the City of Arcadia’s Language Access Services Policy, limited-English proficient speakers who require translation services in order to participate in a meeting may request the use of a volunteer or professional translator by contacting the City Clerk’s Office at (626) 574-5455 at least 72 hours prior to the meeting. 根据阿凯迪亚市的语言便利服务政策，英语能力有限并需要翻译服务才能参加会议的人可与市书记官办公室联系（电话：626-574-5455 ），请求提供志愿或专业翻译服务，请至少在会前 72 小时提出请求。 CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL Deborah Lewis, Chair Marilynne Wilander, Vice Chair Kenneth Chan, Commissioner Zi Lin, Commissioner Brad Thompson, Commissioner SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS PUBLIC COMMENTS (5 minute time limit per person) Each speaker is limited to five (5) minutes per person, unless waived by the Planning Commission. Under the Brown Act, the Commission or Board Members are prohibited from discussing or taking action on any item not listed on the posted agenda. 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 or in an administrative proceeding any action taken by the City Council 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 City Council at, or prior to, the public hearing. 1. Resolution No. 2051 – Approving Conditional Use Permit No. CUP 20-02 with a Categorical Exemption under the California Environmental Quality Act (“CEQA”) to allow a new aesthetic medical office At 650 W. Duarte, Suite #104 Recommendation: Adopt Resolution No. 2051 Applicant: Qing Li There is a ten day appeal period after the adoption of the Resolution. If adopted, appeals are to be filed by 5:30 p.m. on Monday, April 27, 2020. Please send Appeal applications to Planning@ArcadiaCA.gov or contact the Planning Division for more information at (626) 574- 5423. 2. Resolution No. 2049 – Approving Conditional Use Permit No. CUP 19-20 with a Categorical Exemption under the California Environmental Quality Act (“CEQA”) to allow a new batting cage instructional facility for youth softball & baseball players at 158 E. Saint Joseph Street Recommendation: Adopt Resolution No. 2049 Applicant: Jason Cly There is a ten day appeal period after the adoption of the Resolution. If adopted, appeals are to be filed by 5:30 p.m. on Monday, April 27, 2020. Please send Appeal applications to Planning@ArcadiaCA.gov or contact the Planning Division for more information at (626) 574- 5423. 3. Resolution No. 2050 – Approving Conditional Use Permit No. CUP 18-06, Architectural Design Review No. ADR 18-17 & Zone Variance No. ZV 19-01 with a Mitigated Negative Declaration for a New Hotel Development with a height variance located At 125 W. Huntington Drive & 175 Colorado Place Recommendation: Adopt Resolution No. 2050 Applicant: Pacific Design Group on behalf of property owners VG Property Investments, LLC. There is a ten day appeal period after the adoption of the Resolution. If adopted, appeals are to be filed by 5:30 p.m. on Monday, April 27, 2020. Please send Appeal applications to Planning@ArcadiaCA.gov or contact the Planning Division for more information at (626) 574- 5423. 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 February 25, 2020 Regular Meeting of the Planning Commission Recommendation: Approve MATTERS FROM CITY COUNCIL LIASION MATTERS FROM PLANNING COMMISSIONERS MATTERS FROM ASSISTANT CITY ATTORNEY MATTERS FROM STAFF INCLUDING UPCOMING AGENDA ITEMS ADJOURNMENT The Planning Commission will adjourn this meeting to Tuesday, April 28, 2020, at 7:00 p.m. Welcome to the Arcadia Planning Commission Meeting! The Planning Commission encourages public participation, and invites you to share your views on City business. MEETINGS: Regular Meetings of the Planning Commission are held on the second and fourth Tuesdays of each month at 7:00 p.m. in the City Council Chambers. A full Planning Commission agenda packet with all backup information is available at City Hall, the Arcadia Library, and on the City’s website at www.ArcadiaCA.gov. Copies of individual Agenda Reports are available via email upon request (Planning@ArcadiaCA.gov). Documents distributed to a majority of the Planning Commission after the posting of this agenda will be available for review at the Planning Services Office in City Hall, 240 W. Huntington Drive, Arcadia, California. CITIZEN PARTICIPATION: Your participation is welcomed and invited at all Planning Commission meetings. Time is reserved at each regular meeting for those in the audience who wish to address the Planning Commission. The City requests that persons addressing the Planning Commission refrain from making personal, slanderous, profane, or disruptive remarks. When the Chairman asks for those who wish to speak please come to the podium and state your name and address for the record. Please provide a copy of any written materials used in your address to the Planning Commission as well as a copy of any printed materials you wish to be distributed to the Planning Commission. MATTERS NOT ON THE AGENDA should be presented during the time designated as “PUBLIC COMMENTS.” In general, each speaker will be given five (5) minutes to address the Planning Commission; however, the Chairman, at his/her discretion, may shorten the speaking time limit to allow all speakers time to address the Planning Commission. By State law, the Planning Commission may not discuss or vote on items not on the agenda. The matter will automatically be referred to staff for appropriate action or response, or will be placed on the agenda of a future meeting. PUBLIC HEARINGS AND APPEALS are items scheduled for which public input is either required or desired. Separate and apart from an applicant or appellant (who may speak longer at the discretion of the Planning Commission), speakers shall be limited to five (5) minutes per person. The Chairman, at his/her discretion, may shorten the speaking time limit to allow all speakers to address the Planning Commission. The applicant or appellant may also be afforded an additional opportunity for rebuttal comments. AGENDA ITEMS: The Agenda contains the regular order of business of the Planning Commission. Items on the Agenda have generally been reviewed and investigated by the City Staff in advance of the meeting so that the Planning Commission can be fully informed about a matter before making its decision. CONSENT CALENDAR: Items listed on the Consent Calendar are considered to be routine by the Planning Commission and may be acted upon by one motion. There will be no separate discussion on these items unless a member of the Planning Commission, Staff, or the public so requests. In this event, the item will be removed from the Consent Calendar and considered and acted on separately. DECORUM: While members of the public are free to level criticism of City policies and the action(s) or proposed action(s) of the Planning Commission or its members, members of the public may not engage in behavior that is disruptive to the orderly conduct of the proceedings, including, but not limited to, conduct that prevents other members of the audience from being heard when it is their opportunity to speak, or which prevents members of the audience from hearing or seeing the proceedings. Members of the public may not threaten any person with physical harm or act in a manner that may reasonably be interpreted as an imminent threat of physical harm. All persons attending the meeting are expected to adhere to the City’s policy barring harassment based upon a person’s race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, gender, sexual orientation, or age. The Chief of Police, or such member or members of the Police Department, may serve as the Sergeant-at-Arms of the Planning Commission meeting. The Sergeant-at-Arms shall carry out all orders and instructions given by the presiding official for the purpose of maintaining order and decorum at the meeting. Any person who violates the order and decorum of the meeting may be placed under arrest and such person may be prosecuted under the provisions of Penal Code Section 403 or applicable Arcadia Municipal Code section. DATE: April 14, 2020 TO: Honorable Chairman and Planning Commission FROM: Lisa L. Flores, Planning & Community Development Administrator By: Vanessa Quiroz, Associate Planner SUBJECT: RESOLUTION NO. 2051 APPROVING CONDITIONAL USE PERMIT NO. CUP 20-02 WITH A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONME TO ALLOW A NEW AESTHETIC MEDICAL OFFICE AT 650 W. DUARTE, SUITE #104 Recommendation: Adopt Resolution No. 2051 SUMMARY The Applicant, Qing Li, is requesting approval of Conditional Use Permit No. CUP 20-02 to allow a new aesthetic medical office (dba: Charming Aesthetic Medical Center) that offers cosmetic and facial enhancements. The business will be located within one of the units at the Arcadia Metro Center that is located at 650 W. Duarte Road, Suite 104. It is recommended that the Planning Commission adopt Resolution No. 2051 (Attachment No. 1) and find this project Categorically Exempt under CEQA and approve Conditional Use Permit No. CUP 20-02, subject to the conditions listed in this staff report. BACKGROUND The medical center, Arcadia Metro, is located on the south side of W. Duarte Road, between Baldwin Avenue and Lovell Avenue. The property is zoned C-G (General Commercial), and has a General Plan Land Use Designation of Commercial. The Arcadia Metro Center has three (3) separate buildings with a different address: 630 W. Duarte Road - A four story building, 638 W. Duarte Road - A single story building, and 650 W. Duarte Road - A four story building with a large first floor, and all of them were built in 1958. There are a total of 64 tenant spaces that consist of general offices, medical and dental offices, acupuncture businesses, and the America Plus Bank. Resolution No. 2051 - CUP 20-02 April 14, 2020 Page 2 of 8 The aesthetic medical office will be located on the first floor of the four story commercial building at 650 W. Duarte Road. The unit is approximately 1,708 square feet in size and has direct access from W. Duarte Road refer to Attachment No. 2 Aerial Photo with Zoning Information and Photos of the Subject Property and Surrounding Properties and Attachment No. 3 for the Floor Plans and Site Plan. The site is surrounded by commercially zoned properties. There are four (4) driveway entrances/exits onto the site with two (2) off of W. Duarte Road and two (2) alleys at the rear of the site which can be accessed from S. Baldwin Avenue to west of the site and W. Naomi Avenue south of the site. There area total of 294 surface parking spaces. PROPOSAL Charming Aesthetic Medical Center will provide a variety of facial cosmetic and enhancement facial services to their patients such as botox injections, filler injections, hydro-injections, and stem cell injections which are all considered personal restricted uses and are only allowed through a Conditional Use Permit. The business will also provide facials and other minimally invasive cosmetic services such as ultherapy, micro-needling, and laser treatment. There will be a total of six (6) employees; a receptionist, a consultant, an office manager, an Esthetician, a Registered Nurse, a Nurse Practitioner, and a Physician, at any given time. * Aerial view of the site N * Floor Plan Resolution No. 2051 - CUP 20-02 April 14, 2020 Page 3 of 8 The aesthetic medical office will consist of lobby area, receptionist area, four (4) consultation rooms, and one (1) office as shown on the floor plan above and under Attachment No. 3 - Floor Plans and Site Plan. The proposed business hours are from 10:00 a.m. to 6:30 p.m., Tuesday through Saturday ANALYSIS Any personal restricted services is subject to a Conditional Use Permit in the C-G Commercial General zone. Charming Aesthetic Medical Center proposes to a variety cosmetic enhancement services. The aesthetic medical office will provide non-invasive services such as facials, ultherapy, micro-needling, and laser treatment. Services such as botox injections, filler injections, hydro-injections, stem cell injections consist of the penetrating and implanting into the top layers of the skin for cosmetic enhancements. These procedures are considered semi-permanent or permanent to the face or body, therefore, these services are c allowed by-right. According to the Applicant, all facial procedures that requires an injection shall be administered and conducted by the licensed practitioners. The business shall abide by all required state and medical regulations. All rooms with equipment will be maintained in manners that comply with all required sterilization, sanitation, and safety standards. The use is not anticipated to have any negative impacts on the other tenants at this center since there are other personal services uses such as acupuncture and acupressure, and medical offices. In terms of parking, the Arcadia Metro Center was developed as a medical/general office center, and the site was parked to code at the time it was developed. The parking requirements for this use is the same as a medical office use, therefore the use complies with the parking requirement. . As a result, the site will continue to provide sufficient parking for the new aesthetic center and all the existing businesses at the commercial center. FINDINGS Section 9107.09.050(B) of the Development Code requires that the Planning Commission many approve a Conditional Use Permit only if it first makes all of the following findings: 1. The proposed use is consistent with the General Plan and any applicable specific plan. Facts to Support This Finding: Approval of the aesthetic medical office that offers cosmetic facial enhancement services are similar to the other medical uses that typically found in medical offices and on sites that are zoned General Commercial. Also, the Commercial land use designation is intended to permit a wide-range of commercial uses that serve citywide markets. The aesthetic medical office is compatible with the other medical and personal services businesses at the commercial center. Therefore, the aesthetic medical office will not adversely affect Resolution No. 2051 - CUP 20-02 April 14, 2020 Page 4 of 8 the comprehensive General Plan, and is consistent with the following General Plan policy: Land Use and Community Design Element Policy LU-6.7: Encourage a balanced distribution of commercial development throughout the City, ensuring that neighborhoods and districts have adequate access to local-serving commercial uses. 2. The proposed use is allowed within the applicable zone, subject to the granting of a Conditional Use Permit, and complies with all other applicable provisions of the Development Code and the Municipal Code. Facts to Support This Finding: The site is zoned C-G, General Commercial. Arcadia Development Code Section 9102.03.020, Table 2-8, allows personal restricted services in the C-G zone subject to the review and approval of a Conditional Use Permit. The proposed aesthetic medical office is compatible with the other medical offices and personal services businesses located at the commercial center. The lot will continue to accommodate the parking required for the new business and the other existing businesses. Therefore, the proposal is in compliances with all applicable provisions of the Arcadia Development Code and the Arcadia Municipal Code. 3. The design, location, size, and operating characteristics of the proposed activity will be compatible with the existing and future land uses in the vicinity. Facts to Support This Finding: The site is zoned C-G, General Commercial. Arcadia Development Code Section 9102.03.020, Table 2-8, allows personal restricted services in the C-G zone subject to the review and approval of a Conditional Use Permit. The proposed aesthetic medical office is compatible with the other medical offices and personal services businesses located at the commercial center. The lot will continue to accommodate the parking required for the new business and the other existing uses. Therefore, the proposal is in compliances with all applicable provisions of the Arcadia Development Code and the Arcadia Municipal Code. 4. The site is physically suitable in terms of: a. Its design, location, shape, size, and operating characteristics of the proposed use in order to accommodate the use, and all fences, landscaping, loading, parking, spaces, walls, yards, and other features required to adjust the use with the land and uses in the neighborhood; Facts to Support This Finding: The site is physically suitable for the proposed aesthetic medical office. The business will occupy a tenant space within an existing multi-tenant medical office building. The medical center is improved with a surface parking throughout the site that has ample parking to accommodate the Resolution No. 2051 - CUP 20-02 April 14, 2020 Page 5 of 8 new use and existing businesses. The medical center is developed with adequate landscaping, lighting, and other features typical of commercial developments. b. Streets and highways adequate in width and pavement type to accommodate public and emergency vehicle (e.g., fire and medical) access. Facts to Support This Finding: The site is located on the southern portion of W. Duarte Road between S. Baldwin Avenue and Lovell Avenue. These streets are adequate in width and pavement type to carry emergency vehicles and traffic generated by the proposed use and existing uses on the site. The proposed use will not impact these rights-of-way. c. Public protection services (e.g., fire protection, police protection, etc.). Facts to Support This Finding: The subject property is developed with that comply with current safety requirements. No improvements to the tenant space or the site are proposed as part of this request. d. The provision of utilities (e.g., potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.). Facts to Support This Finding: The subject property is developed with three (3) medical buildings. There are adequate utilities to service this site. The site and buildings are in compliance with current health and safety requirements. There will be no impact to utilities or the C 5. The measure of site suitability shall be required to ensure that the type, density, and intensity of use being proposed will not adversely affect the public convenience, health, interest, safety, or general welfare, constitute a nuisance, or be materially injurious to the improvements, persons, property, or uses in the vicinity and zone in which the property is located. Facts to Support This Finding: The proposed aesthetic medical office is similar in use to the other businesses found within the medical center. The aesthetic medical office will not be detrimental to the public health or welfare, or the surrounding properties. The nature of the operations of the aesthetic medical office will not negatively affect the subject lot nor the surrounding uses and properties. As a continuation of a similar use, the site will continue to adequately provide sufficient parking the use and all other uses operating within the site. The proposed project, with the recommended conditions of approval will satisfy each prerequisite condition, and all City requirements regarding disabled access and facilities, occupancy limits, building safety, health code compliance, emergency equipment, environmental regulation compliance, and parking and site design shall be complied with by the property owner/applicant to the satisfaction of the Building Official, Resolution No. 2051 - CUP 20-02 April 14, 2020 Page 6 of 8 City Engineer, Planning & Community Development Administrator, Fire Marshal, and Public Works Services Director, or their respective designees. ENVIRONMENTAL IMPACT It has been determined that the project qualifies as a Class 1 Categorical Exemption per the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301(a) of the CEQA Guidelines for a use of an existing facility. Refer to Attachment No. 4 for the Preliminary Exemption Assessment. PUBLIC COMMENTS/NOTICE The public hearing notice for this item was published in the Arcadia Weekly and mailed to property owners within the 300 foot radius on March 12, 2020, and mailed again on March 20, 2020 and published again in the Arcadia Weekly on March 23, 2020. This project was originally scheduled for the March 24, 2020 Planning Commission meeting; -19 transmission mitigation measure efforts, the meeting, which will be held virtually (live stream) and via teleconferencing, was rescheduled to April 14, 2020. As of March 23, 2020, staff has not received any comments regarding this project. RECOMMENDATION It is recommended that the Planning Commission adopt Resolution No. 2051 approving Conditional Use Permit No. CUP 20-02 for a new aesthetic medical office r, and find that the project is Categorically Exempt under the California Environmental Quality Act (CEQA), subject to the following conditions of approval: 1. The use approved by CUP 20-02 is limited to an aesthetic medical office r that offers to cosmetic and facial enhancement. Such services includes, but not limited to facials, ultherapy, micro-needling, laser treatment, botox injections, filler injections, hydro-injections, and stem cell injections and shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 20-02, and shall be subject to periodic inspections, after which the provisions of this Conditional Use Permit may be adjusted after due notice to address any adverse impacts to the adjacent streets, rights-of-way, and/or the neighboring businesses and properties. 2. All City requirements regarding disabled access and facilities, occupancy limits, building safety, health code compliance, emergency equipment, environmental regulation compliance, and parking and site design shall be complied with by the property owner/applicant to the satisfaction of the Building Official, City Engineer, Planning & Community Development Administrator, Fire Marshal, and Public Works Services Director, or their respective designees. The changes to the existing facility may be subject to building permits after having fully detailed plans submitted for plan check review and approval by the aforementioned City officials. Resolution No. 2051 - CUP 20-02 April 14, 2020 Page 7 of 8 3. Noncompliance with the plans, provisions and conditions of approval for CUP 20-02 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the tutoring center. 4. 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/or land use decision and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officials, officers, employees, and agents in the defense of the matter. 5. Approval of CUP 20-02 shall not be in effect unless the Property Owner and Applicant have executed and filed the Acceptance Form with the City on or before 30 calendar days after the Planning Commission has adopted the Resolution. The Acceptance Form to the Development Services Department is to indicate awareness and acceptance of the conditions of approval. PLANNING COMMISSION ACTION Approval If the Planning Commission intends to approve this proposal, the Commission should approve a motion to approve Conditional Use Permit No. CUP 20-02, stating that the proposal satisfies the requisite findings, and adopting the attached Resolution No. 2051 that incorporates the requisite environmental and Conditional Use Permit findings and the conditions of approval as presented in this staff report, or as modified by the Commission. Denial If the Planning Commission intends to deny this proposal, the Commission should approve a motion to deny Conditional Use Permit No. CUP 20-02, stating that the finding(s) of the proposal does not satisfy with reasons based on the record, and direct staff to prepare a resolution for adoption at the next meeting that incorporates the Co If any Planning Commissioner or other interested party has any questions or comments regarding this matter prior to the April 14, 2020 hearing, please contact Associate Planner, Vanessa Quiroz, at 626-574-5423, or by email at planning@ArcadiaCA.gov. Resolution No. 2051 - CUP 20-02 April 14, 2020 Page 8 of 8 Approved: Lisa L. Flores Planning & Community Development Administrator Attachment No. 1: Resolution No. 2051 Attachment No. 2: Aerial Photo and Zoning Information and Photos of the Subject Property and Surrounding Properties Attachment No. 3: Floor Plans and Site Plan Attachment No. 4: Preliminary Exemption Assessment 1 RESOLUTION NO. 2051 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 20-02 WITH A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUAL NEW AESTHETIC MEDICAL OFFICE AT 650 W. DUARTE, SUITE #104 WHEREAS, on January 29, 2020, an application for Conditional Use Permit No. CUP 20-02 was filed by the r a new aesthetic medical office (dba: Charming Aesthetic Medical Center) with cosmetic and facial enhancement services that are considered personal restricted services at the Arcadia Metro Center at WHEREAS, on February 20, 2020, Planning Services completed an environmental assessment for the Project in accordance with the California Environmental Quality Act Commission determine that the Project qualifies as a Class 1 Categorical Exemption under CEQA pursuant to Section 15301(a) of the CEQA Guidelines as the use of an existing facility; and WHEREAS, on April 14, 2020, a duly noticed public hearing was held before the Planning Commission on said application, at which time all interested persons were given full opportunity to be heard and to present evidence. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, HEREBY RESOLVES AS FOLLOWS: SECTION 1. The factual data submitted by the Community Development Division in the staff report dated April14, 2020 are true and correct. SECTION 2. This Commission finds that based upon the entire record, pursuant to Section 9107.09.050 of the Arcadia Development Code, all of the following findings can be made. 2 1. The proposed use is consistent with the General Plan and any applicable specific plan. FACT: Approval of the aesthetic medical office that offers cosmetic facial enhancement services are similar to the other medical uses that typically found in medical offices and on sites that are zoned General Commercial. Also, the Commercial land use designation is intended to permit a wide-range of commercial uses that serve citywide markets. The Project is compatible with the other medical and personal services businesses at the commercial center. Therefore, the aesthetic medical office will not adversely affect the comprehensive General Plan, and is consistent with the following General Plan policy: Land Use and Community Design Element Policy LU-6.7: Encourage a balanced distribution of commercial development throughout the City, ensuring that neighborhoods and districts have adequate access to local-serving commercial uses. 2. The proposed uses are allowed within the applicable zone, subject to the granting of a Conditional Use Permit, and complies with all other applicable provisions of the Development Code and the Municipal Code. FACT: The site is zoned C-G, General Commercial. Arcadia Development Code Section 9102.03.020, Table 2-8, allows personal restricted services in the C-G zone subject to the review and approval of a Conditional Use Permit. The proposed Project is compatible with the other medical offices and personal services businesses located at the commercial center. The lot will continue to accommodate the parking required for the new business and the other existing businesses. Therefore, the proposal is in compliances with 3 all applicable provisions of the Arcadia Development Code and the Arcadia Municipal Code. 3. The design, location, size, and operating characteristics of the proposed activity will be compatible with the existing and future land uses in the vicinity. FACT: The site is zoned C-G, General Commercial. Arcadia Development Code Section 9102.03.020, Table 2-8, allows personal restricted services in the C-G zone subject to the review and approval of a Conditional Use Permit. The proposed aesthetic medical office is compatible with the other medical offices and personal services businesses located at the commercial center. The lot will continue to accommodate the parking required for the new business and the other existing uses. Therefore, the Project is in compliances with all applicable provisions of the Arcadia Development Code and the Arcadia Municipal Code. 4. The site is physically suitable in terms of: A. Its design, location, shape, size, and operating characteristics of the proposed use in order to accommodate the use, and all fences, landscaping, loading, parking, spaces, walls, yards, and other features required to adjust the use with the land and uses in the neighborhood; FACT: The site is physically suitable for the proposed aesthetic medical office. The business will occupy a tenant space within an existing multi-tenant medical office building. The medical center is improved with a surface parking throughout the site that has ample parking to accommodate the new use and existing businesses. The medical center is developed with adequate landscaping, lighting, and other features typical of commercial developments. 4 B. Streets and highways adequate in width and pavement type to accommodate public and emergency vehicle (e.g., fire and medical) access; FACT: The site is located on the southern portion of W. Duarte Road between S. Baldwin Avenue and Lovell Avenue. These streets are adequate in width and pavement type to carry emergency vehicles and traffic generated by the proposed use and existing uses on the site. The proposed use will not impact these rights-of-way. C. Public protection services (e.g., fire protection, police protection, etc.); and FACT: The subject property is developed with that comply with current safety requirements. No improvements to the tenant space or the site are proposed as part of this request. D. The provision of utilities (e.g., potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.). FACT: The subject property is developed with three (3) medical buildings. There are adequate utilities to service this site. The site and buildings are in compliance with current health and safety requirements. There will be no impact to ut infrastructure from the proposed use. 5. The measure of site suitability shall be required to ensure that the type, density, and intensity of use being proposed will not adversely affect the public convenience, health, interest, safety, or general welfare, constitute a nuisance, or be materially injurious to the improvements, persons, property, or uses in the vicinity and zone in which the property is located. FACT: The proposed Project is similar in use to the other businesses found within the medical center. The new aesthetic medical office will not be detrimental to the public health or welfare, or the surrounding properties. The nature of the operations of the 5 aesthetic medical office will not negatively affect the subject lot nor the surrounding uses and properties. As a continuation of a similar use, the site will continue to adequately provide sufficient parking the use and all other uses operating within the site. 6. This Project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines pertaining to the use of an existing facility. SECTION 3. For the foregoing reasons the Planning Commission determines that the Project is Categorically Exempt per Class 1, Section 15301 (a) of the California Environmental Quality Act (CEQA) Guidelines, and approves Conditional Use Permit No. CUP 20-02 for a new aesthetic medical office (dba: Charming Aesthetic Medical Center) with cosmetic and facial enhancement services that are considered personal restricted services at the Arcadia Metro Center at 650 W. Duarte Road, Suite 104, subject to the conditions of approval attached hereto. 7 Page Internationally Left Blank 8 RESOLUTION NO. 2051 Conditions of Approval 1. The use approved by CUP 20-02 is limited to an aesthetic medical office that offers to cosmetic and facial enhancement. Such services includes, but not limited to facials, ultherapy, micro-needling, laser treatment, botox injections, filler injections, hydro-injections, and stem cell injections and shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 20-02, and shall be subject to periodic inspections, after which the provisions of this Conditional Use Permit may be adjusted after due notice to address any adverse impacts to the adjacent streets, rights-of-way, and/or the neighboring businesses and properties. 2. All City requirements regarding disabled access and facilities, occupancy limits, building safety, health code compliance, emergency equipment, environmental regulation compliance, and parking and site design shall be complied with by the property owner/applicant to the satisfaction of the Building Official, City Engineer, Planning & Community Development Administrator, Fire Marshal, and Public Works Services Director, or their respective designees. The changes to the existing facility may be subject to building permits after having fully detailed plans submitted for plan check review and approval by the aforementioned City officials. 3. Noncompliance with the plans, provisions and conditions of approval for CUP 20-02 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the tutoring center. 4. 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/or land use decision and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officials, officers, employees, and agents in the defense of the matter. 5. Approval of CUP 20-02 shall not be in effect unless the Property Owner and Applicant have executed and filed the Acceptance Form with the City on or before 30 calendar days after the Planning Commission has adopted the Resolution. The Acceptance Form to the Development Services Department is to indicate awareness and acceptance of the conditions of approval. ---- Overlays Selected parcel highlighted Parcel location within City of Arcadia N/A Property Owner(s): Lot Area (sq ft): Year Built: Main Structure / Unit (sq. ft.): C-G Number of Units: C Property Characteristics 1958 30,708 0 M AND H CAPITAL INC AND FIRST ARCADIA CAPITAL LLC C/O J LAWRENCE HAN Site Address:650 W DUARTE RD Parcel Number: 5784-003-027 N/A Zoning: General Plan: N/A Downtown Overlay: Downtown Parking Overlay: Architectural Design Overlay:N/A N/A N/A N/A Residential Flex Overlay: H-4 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 05-Mar-2020 Page 1 of 1 Subject Site: Charming Aesthetic Medical Center, Unit 104 Arcadia Metro Center: 650 W. Duarte Road Arcadia Metro Center: 650 W. Duarte Road Arcadia Metro Center: 638 W. Duarte Road Arcadia Metro Center: 630 W. Duarte Road Arcadia Metro Center: Parking lot Arcadia Metro Center: Parking lot Arcadia Metro Center: Parking lot Commercial property to the west Commercial property to the west Commercial property across the street Commercial property across the street Commercial property across the street Commercial property across the street Commercial property to the east Commercial property to the rear Preliminary Exemption Assessment PRELIMINARY EXEMPTION ASSESSMENT 1. Name or description of project: CUP 20-02 Conditional Use Permit with a Categorical Exemption under the California Quality Act ("CEQA") Section 15301(a) to allow a new aesthetic center with personal restricted services. 2. Project Location Identify street address and cross streets or attach a map showing project site topographical map identified by quadrangle name): 650 W. Duarte Rd, Suite 104 The business is located at the Arcadia Metro a medical center on the south side of W. Duarte Road, between Baldwin Avenue and Lovell Avenue. 3. Entity or person undertaking project: A. B. Other (Private) (1) Name Qing Li (2) Address 650 W. Duarte Rd, Suite 104 Arcadia, CA 91007 4. Staff Determination: 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: 15301(a) Class 1 (Use of an existing facility) 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: February 20, 2020 Staff: Vanessa Quiroz, Associate Planner DATE: April 14, 2020 TO: Honorable Chair and Planning Commission FROM: Lisa L. Flores, Planning & Community Development Administrator By: Luis Torrico, Senior Planner SUBJECT: RESOLUTION NO. 2049 APPROVING CONDITIONAL USE PERMIT NO. CUP 19-20 WITH A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA ) TO ALLOW A NEW BATTING CAGE INSTRUCTIONAL FACILITY FOR YOUTH SOFTBALL & BASEBALL PLAYERS AT 158 E. SAINT JOSEPH STREET Recommendation: Adopt Resolution No. 2049 SUMMARY The Applicant, Mr. Jason Cly, is requesting approval of Conditional Use Permit Application No. CUP 19-20 for a batting cage instructional facility (dba: International Sports Association - ISA) to occupy an existing 6,000 square foot commercial unit within the multi-tenant building that is located at 158 E. St. Joseph Street. The proposed business will have up to 20 youth softball & baseball players ranging in age from eight (8) to 18 years old, and three (3) coaches/trainers, at any given time. It is recommended that the Planning Commission adopt Resolution No. 2049 (Attachment No. 1) and find this project Categorically Exempt under CEQA and approve Conditional Use Permit No. CUP 19-20, subject to the conditions listed in this staff report. BACKGROUND The site is developed with an L shape building and it is located at the corner of E. St. Joseph Street and 2nd Avenue. The subject unit faces E St. Joseph Street, next to Mt. Lowe Brewery refer to Figure 1. The property is zoned DMU (Downtown Mixed Use) and has a General Plan Land Use Designation of Downtown Mixed Use, and the property is located within the Downtown Parking Overlay that allows the property owner to change the use, even if the property cannot meet the minimum parking requirements. This was an incentive to activate the downtown area and encourage more active uses. The subject unit is currently vacant and was previously occupied by a manufacturing business, and CUP 19-20 158 E. St. Joseph Street April 14, 2020 Page 2 of 10 an auto body repair shop. The adjacent units are occupied by Mt. Lowe Brewery and a manufacturing business (EZ Hook). The site is surrounded by other commercial/industrial properties to the west, east, north, and south - refer to Attachment No. 2 for an Aerial Photo with Zoning Information and Photos of the subject property. Figure 1 - Aerial PROPOSAL The Applicant is requesting a Conditional Use Permit (CUP) to allow a new batting cage instructional facility, (dba: International Sports Association) for youth baseball and softball players between the ages of eight (8) and 18 years old. ISA has four (4) other locations in the Southern California area, including an indoor facilities in Montebello, Los Angeles, and Newbury Park, and an outdoor facility in Encino. This will be the fifth (5) location. The 6,000 square foot unit will accommodate four (4) batting cages and pitching mounds, refer to the floor plan under Figure 2. ISA will be a private club facility and will not be open to the general public. Members pays a monthly fee, and they can attend up to three (3) practices a week. Each practice will consist of a two-hour workout and the facility can accommodate up to 20 youth softball & baseball players. During the two-hour practices, the players will participate in batting, pitching and fielding drills. In addition, they will work on footwork and mechanics to improve their abilities. Only one practice will be 158 Subject Site Subject Unit CUP 19-20 158 E. St. Joseph Street April 14, 2020 Page 3 of 10 Figure 2 - Proposed Floor Plan held at a time; therefore, a maximum of 20 players and three (3) coaches/trainers will be at the facility at any given time. The proposed business will operate Monday through Sunday between the hours of 9:00 a.m. to 9:00 p.m. During the school year (September June), the business will operate Monday Friday from 3:00 p.m. to 9:00 p.m., and Saturday & Sunday from 9:00 a.m. to 9:00 p.m. ANALYSIS The Arcadia Development Code allows commercial recreation uses in the DMU zone subject to the review and approval of a Conditional Use Permit. The proposed facility will have an instructional section for players to watch learning videos, four batting cages and two of the batting cages will have a pitching mound. The property has two different parking lots: one off of St. Joseph and Second Avenue that serves most of the tenants at 225 S. Second Avenue, and a back parking lot behind the CUP 19-20 158 E. St. Joseph Street April 14, 2020 Page 4 of 10 one-story building that can only be accessed off the alley. That lot serves all three tenants, but because the property owner owns both properties, the parking spaces are shared amongst all the business owners. Therefore the parking lots have a combined total of 65 parking spaces: 30 parking spaces within the parking lot off of E. St. Joseph/2 nd Avenue, and 35 spaces in the rear parking lot. Of the 65 existing spaces, 24 spaces in the rear parking lot have been allocated to Mt. Lowe Brewery and 32 spaces in the easterly parking lot to EZ Hook. Therefore, the nine (9) remaining spaces will be allocated to the proposed business. Because the subject site is located within the Downtown Parking Overlay Zone, the owner does not have to provide additional parking than what currently exists on-site, even though 24 parking spaces are required for this use. However to ensure there will be no potential impacts in terms of parking to the other businesses on this property, the property owner has agreed to allow the members to park in the easterly parking lot (off of Second Avenue) observation, the spaces in this lot is usually available starting at 5:30 PM. Since most of the players will be dropped-off/picked-up by their parents, two (2) of the parking spaces in the rear parking lot will be designated and restricted to only as drop-off/pick-up. For the players that drive themselves, the owner plans to offer them a discount to their monthly membership if they carpool. The proposed indoor batting cage facility will generate some noise from the pitching machines, batting cages and trainers, and since it will be adjacent two other businesses, the Applicant is proposing to sound proof the unit to mitigate any potential noise impacts that might be generated from this use and to ensure the noise level does not exceed the maximum decibel of 65 dbA refer to Condition No. 5. Lastly, the request has been reviewed by 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, Chief of Police, and Public Works Services Director. FINDINGS Section 9107.09.050(B) of the Development Code requires that for a Conditional Use Permit to be granted, it must be found that all of the following prerequisite conditions can be satisfied: 1. The proposed use is consistent with the General Plan and any applicable specific plan. Facts to Support This Finding: Approval of the batting cage instructional facility is consistent with the General Plan Land Use and Community Development Element and Economic Development Element in that the proposed Downtown Mixed Use land use designation encourages opportunities that provides for neighborhood-serving commercial uses. The proposed use will provide additional recreational opportunities CUP 19-20 158 E. St. Joseph Street April 14, 2020 Page 5 of 10 for the existing and future residents located within the downtown area and the public in general. The proposed use will occupy a commercial unit that has been vacant for approximately one year and will be adjacent to two existing manufacturing uses. In addition, the proposal is a use permitted in the DMU (Downtown Mixed Use) zone subject to the approval of a Conditional Use Permit, and will not adversely affect the comprehensive General Plan, and is consistent with the following General Plan goals and policy: Land Use and Community Design Element Policy LU-6.8: Encourage the intensification of commercial uses on underutilized commercial properties and the transitioning of non-commercial uses on commercial properties in accordance with the Land Use Policy Map and all applicable regulations. 2. The proposed use is allowed within the applicable zone, subject to the granting of a Conditional Use Permit, and complies with all other applicable provisions of the Development Code and the Municipal Code. Facts to Support This Finding: The proposed use is allowed in the Downtown Mixed Use zone, subject to a Conditional Use Permit. The proposed use complies with all the applicable development standards, including parking since the property is located Downtown Parking Overlay Zone, which does not require additional parking than what is currently on-site. However, the site has sufficient parking to accommodate this use since the proposed use will have access to parking spaces located behind the tenant space and the spaces that are located in the easterly parking lot, adjacent to 2nd Street. Additionally, most of the players are expected to be dropped-off/picked-up to alleviate any parking impacts to the neighboring businesses. The proposed use is an appropriate and compatible use since the unit will be sound- proof to mitigate any potential noise impacts that would be generated by the batters. A condition of approval has been placed on the project to ensure the noise does not exceed the maximum decibel allowed within this zone. Therefore, the proposal complies with all other applicable provisions of the Development Code and the Municipal Code. 3. The design, location, size, and operating characteristics of the proposed activity will be compatible with the existing and future land uses in the vicinity. Facts to Support This Finding: The proposed batting cage instructional facility will occupy an existing 6,000 square foot commercial unit located within the DMU (Downtown Mixed Use), and Downtown Parking Overlay Zones. A mixture of industrial and commercial manufacturing uses surrounds the subject site, some non-conforming residential uses on St. Joseph, and a Southern California Edison (SCE) power plant CUP 19-20 158 E. St. Joseph Street April 14, 2020 Page 6 of 10 that is located across the street, just north of the subject site. The proposed business will operate from 9:00 a.m. to 9:00 p.m.; and it might operate later in the day during the school year. The hours are very similar to Mt. Lowe Brewery, which is located next door, just west of this unit. Parking will not be an issue since the business will have both a loading/drop-off area in the rear parking lot or the option to park in either parking lots on this property. The unit will also be sound proof to mitigate any potential noise generated from the use. Therefore, the proposed operating characteristics will be compatible with the existing and future land uses in the vicinity. 4. The site is physically suitable in terms of: a. Its design, location, shape, size, and operating characteristics of the proposed use in order to accommodate the use, and all fences, landscaping, loading, parking, spaces, walls, yards, and other features required to adjust the use with the land and uses in the neighborhood; Facts to Support This Finding: The site is physically suitable for the proposed batting cage instructional facility. The business will occupy an existing vacant commercial unit within the Downtown Parking Overlay Zone; therefore, no additional parking, above what exists at the subject site, is required. In addition, the entire unit will be sound proof to mitigate any potential noise impacts that might be generated from this use and to ensure the noise level do not exceed the maximum decibel of 65 dbA. Therefore, the unit and site will be suitable for the proposed use. b. Streets and highways adequate in width and pavement type to accommodate public and emergency vehicle (e.g., fire and medical) access. Facts to Support This Finding: The site is located along E. St. Joseph Street, and 2nd Avenue; however, the main entrance to the tenant space is off of E. St. Joseph Street. Both streets are designated and designed with the capacity to accommodate both public and emergency vehicles. The streets are adequate in width and pavement type to carry the traffic that could be generated by the batting cage instructional facility, and to support emergency vehicle access. The site is also bounded by an alley in the rear, which provides access to the rear parking lot and easterly parking, adjacent to 2 nd Avenue. c. Public protection services (e.g., fire protection, police protection, etc.). Facts to Support This Finding: The proposed batting cage instructional facility will be located within an existing commercial unit. Conditions of approval have been included to ensure the proposed use will be operated in a safe manner, and not impact public protection service. The request has been reviewed by the Fire CUP 19-20 158 E. St. Joseph Street April 14, 2020 Page 7 of 10 and Police Departments, and neither department raised concerns. Therefore, no impacts to public protection services are anticipated. d. The provision of utilities (e.g., potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.). Facts to Support This Finding: The subject unit is located within an existing commercial building, which is adequately serviced by existing utilities. The request does not include new construction that will impact the provision of utilities, nor will it be operated in a manner that will impact the provisions of utilities. Therefore, no impacts to the provision of utilities are anticipated. 5. The measure of site suitability shall be required to ensure that the type, density, and intensity of use being proposed will not adversely affect the public convenience, health, interest, safety, or general welfare, constitute a nuisance, or be materially injurious to the improvements, persons, property, or uses in the vicinity and zone in which the property is located. Facts to Support This Finding: The proposed batting cage instructional facility will not be detrimental to the public health or welfare, or the surrounding properties. The size and nature of the operations of the proposed use will not negatively affect the surrounding businesses and properties. In addition, conditions of approval, such requiring that the entire unit be sound proof to mitigate any noise impacts to the adjacent tenants, requiring a loading/drop-off zone, and requiring that the use be subject to periodic inspections have been included to mitigate any potential impacts. ENVIRONMENTAL IMPACT It has been determined that the project qualifies as a Class 1 Categorical Exemption per the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines for the use of an existing facility (refer to Attachment No. 4). PUBLIC COMMENTS/NOTICE Public hearing notices for this item were mailed to the owners of those properties that are located within 300 feet of the subject property and published in the Arcadia Weekly on March 12, 2020 for the March 24, 2020 Planning Commission meeting. Due to COVID- and safety. As a result, a revised noticed was mailed on March 20, 2020, and published in the Arcadia Weekly on March 23, 2020 for the April 14, 2020 meeting. During the first notification period, staff did not receive any public comments or concerns. CUP 19-20 158 E. St. Joseph Street April 14, 2020 Page 8 of 10 RECOMMENDATION It is recommended that the Planning Commission adopt Resolution No. 2049 approving Conditional Use Permit No. CUP 19-20 for a new batting cage instructional facility with up to 20 youth softball & baseball players and find that the project is Categorically Exempt under the California Environmental Quality Act (CEQA), subject to the following conditions of approval: 1. The use approved by CUP 19-20 is limited to a batting cage instructional facility and shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 19-20, and shall be subject to periodic inspections, after which the provisions of this Conditional Use Permit may be adjusted after due notice to address any adverse impacts to the neighboring businesses and properties. 2. No more than 20 youth softball & baseball players shall be permitted at any given time. Any changes to the number of players shall be subject to review and approval by the Planning & Community Development Administrator, or designee, unless significant modifications are proposed; in which case, the application may be referred to the Planning Commission. 3. The hours of operation will be limited to Monday through Sunday between the hours of 9:00 a.m. to 9:00 p.m. 4. The entire unit shall be sound proof to mitigate any potential noise impacts to the neighboring businesses ordinance. The specifications and materials for the soundproofing shall be submitted to Planning Services for review and approval prior to submitting the plans into plan- check in Building Services. After the business is in full operation, the City shall conduct a noise reading to ensure the sound level does not exceed the noise ordinance. If it does, the business owner shall make additional alteration to the unit to mitigate the noise, and/or modify their business operation. 5. The applicant shall designate two (2) parking spaces in the rear parking lot for loading/drop-off only, as shown on the approved site plan. A sign to this effect shall be posted in front of these parking spaces. 6. Prior to the issuance of a Certificate of Occupancy from the Building Division, one (1) Automated External Defibrillator (AED) shall be installed. The location of the AED shall be identified on the plans submitted for plan check in Building Services and is subject to review and approval by the Fire Marshal. 7. The plans submitted for Building plan check shall comply with the latest adopted edition of the following codes as applicable: CUP 19-20 158 E. St. Joseph Street April 14, 2020 Page 9 of 10 a. California Building Code b. California Electrical Code c. California Mechanical Code d. California Plumbing Code e. California Energy Code f. California Fire Code g. California Green Building Standards Code h. California Existing Building Code i. Arcadia Municipal Code 8. All City requirements regarding disabled access and facilities, occupancy limits, building safety, health code compliance, emergency equipment, environmental regulation compliance, and parking and site design shall be complied with by the property owner/applicant to the satisfaction of the Building Official, City Engineer, Planning & Community Development Administrator, Fire Marshal, and Public Works Services Director, or their respective designees. The changes to the existing facility may be subject to building permits after having fully detailed plans submitted for plan check review and approval by the aforementioned City officials. 9. Noncompliance with the plans, provisions and conditions of approval for CUP 19-20 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the batting cage instructional facility. 10. 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/or land use decision and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officials, officers, employees, and agents in the defense of the matter. 11. Approval of CUP 19-20 shall not be in effect unless the Property Owner and Applicant have executed and filed the Acceptance Form with the City on or before 30 calendar days after the Planning Commission has adopted the Resolution. The Acceptance Form to the Development Services Department is to indicate awareness and acceptance of the conditions of approval. CUP 19-20 158 E. St. Joseph Street April 14, 2020 Page 10 of 10 PLANNING COMMISSION ACTION Approval If the Planning Commission intends to approve this proposal, the Commission should approve a motion to approve Conditional Use Permit Application No. CUP 19-20, stating that the proposal satisfies the requisite findings, and adopting the attached Resolution No. 2049 that incorporates the requisite environmental and Conditional Use Permit findings and the conditions of approval as presented in this staff report, or as modified by the Commission. Denial If the Planning Commission intends to deny this proposal, the Commission should approve a motion to deny Conditional Use Permit Application No. CUP 19-20, stating that the finding(s) of the proposal does not satisfy with reasons based on the record, and direct staff to prepare a resolution for adoption at the next meeting that incorporates the If any Planning Commissioner or other interested party has any questions or comments regarding this matter prior to the April 14, 2020, hearing, please contact Senior Planner, Luis Torrico, at (626) 574-5442, or by email at ltorrico@ArcadiaCA.gov. Approved: Lisa L. Flores Planning & Community Development Administrator Attachment No. 1: Resolution No. 2049 Attachment No. 2: Aerial Photo and Zoning Information and Photos of the Subject Property Attachment No. 3: Architectural Plans Attachment No. 4: Preliminary Exemption Assessment Attachment No. 1 Attachment No. 1 Resolution No. 2049 1 RESOLUTION NO. 2049 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 19-20 TO ALLOW A NEW BATTING CAGE INSTRUCTIONAL FACILTLY WITH UP TO 20 YOUTH SOFTBALL & BASEBALL PLAYERS WITH A CATEGORICAL EXEMPTION PURSUANT TO SECTION 15303 UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”) AT 158 E. SAINT JOSEPH STREET WHEREAS, on December 23, 2019, an application for Conditional Use Permit No. CUP 19-20 was filed by the business owner, Jason Cly (“Applicant”) to allow a new batting cage instructional facility within an existing 6,000 square foot tenant space at 158 E. Saint Joseph Street (the “Project”); and WHEREAS, on March 5, 2020, Planning Services completed an environmental assessment for the Project in accordance with the California Environmental Quality Act (“CEQA”) and determined that the Project is exempt under CEQA Section 15061(b)(3) of the CEQA Guidelines (Review for Exemption) because the Project has no potential to cause a significant effect on the environment, and qualifies as a Class 3 Categorical Exemption under CEQA Section 15301 of the CEQA Guidelines pertaining to the use of an existing facility; and WHEREAS, on April 14, 2020, a duly noticed public hearing was held before the Planning Commission on said application, at which time all interested persons were given full opportunity to be heard and to present evidence. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, HEREBY RESOLVES AS FOLLOWS: SECTION 1. The factual data submitted by the Community Development Division in the staff report dated April 14, 2020 are true and correct. 2 SECTION 2. This Commission finds that based upon the entire record, pursuant to Section 9107.09.050 of the Development Code, all of the following findings can be made. 1. The proposed use is consistent with the General Plan and any applicable specific plan. FACT: Approval of the batting cage instructional facility is consistent with the General Plan Land Use and Community Development Element and Economic Development Element in that the proposed Downtown Mixed Use land use designation encourages opportunities that provides for neighborhood-serving commercial uses. The proposed use will provide additional recreational opportunities for the existing and future residents located within the downtown area and the public in general. The proposed use will occupy a commercial unit that has been vacant for approximately one year and will be adjacent to two existing manufacturing uses. In addition, the Project is a use permitted in the DMU (Downtown Mixed Use) zone subject to the approval of a Conditional Use Permit, and will not adversely affect the comprehensive General Plan, and is consistent with the following General Plan goals and policy: Land Use and Community Design Element Policy LU-6.8: Encourage the intensification of commercial uses on underutilized commercial properties and the transitioning of non-commercial uses on commercial properties in accordance with the Land Use Policy Map and all applicable regulations. 3 2. The proposed uses are allowed within the applicable zone, subject to the granting of a Conditional Use Permit, and complies with all other applicable provisions of the Development Code and the Municipal Code. FACT: The proposed use is allowed in the Downtown Mixed Use zone, subject to a Conditional Use Permit. The proposed use complies with all the applicable development standards, including parking since the property is located within the City’s Downtown Parking Overlay Zone, which does not require additional parking than what is currently on- site. However, the site has sufficient parking to accommodate this use since the proposed use will have access to parking spaces located behind the tenant space and the spaces that are located in the easterly parking lot, adjacent to 2 nd Street. Additionally, most of the players are expected to be dropped-off/picked-up to alleviate any parking impacts to the neighboring businesses. The proposed use is an appropriate and compatible use since the unit will be sound-proof to mitigate any potential noise impacts that would be generated by the batters. A condition of approval has been placed on the Project to ensure the noise does not exceed the maximum decibel allowed within this zone. Therefore, the Project complies with all other applicable provisions of the Development Code and the Municipal Code. 3. The design, location, size, and operating characteristics of the proposed activity will be compatible with the existing and future land uses in the vicinity. FACT: The proposed batting cage instructional facility will occupy an existing 6,000 square foot commercial unit located within the DMU (Downtown Mixed Use), and Downtown Parking Overlay Zones. A mixture of industrial and commercial manufacturing uses surrounds the subject site, some non-conforming residential uses on St. Joseph, and 4 a Southern California Edison (SCE) power plant that is located across the street, just north of the subject site. The proposed business will operate from 9:00 a.m. to 9:00 p.m.; and it might operate later in the day during the school year. The hours are very similar to Mt. Lowe Brewery, which is located next door, just west of this unit. Parking will not be an issue since the business will have both a loading/drop-off area in the rear parking lot or the option to park in either parking lots on this property. The unit will also be sound proof to mitigate any potential noise generated from the use. Therefore, the proposed operating characteristics will be compatible with the existing and future land uses in the vicinity. 4. The site is physically suitable in terms of: a. Its design, location, shape, size, and operating characteristics of the proposed use in order to accommodate the use, and all fences, landscaping, loading, parking, spaces, walls, yards, and other features required to adjust the use with the land and uses in the neighborhood; FACT: The site is physically suitable for the proposed batting cage instructional facility. The business will occupy an existing vacant commercial unit within the Downtown Parking Overlay Zone; therefore, no additional parking, above what exists at the subject site, is required. In addition, the entire unit will be sound proof to mitigate any potential noise impacts that might be generated from this use and to ensure the noise level do not exceed the maximum decibel of 65 dbA. Therefore, the unit and site will be suitable for the proposed use. b. Streets and highways adequate in width and pavement type to accommodate public and emergency vehicle (e.g., fire and medical) access; 5 FACT: The site is located along E. St. Joseph Street, and 2 nd Avenue; however, the main entrance to the tenant space is off of E. St. Joseph Street. Both streets are designated and designed with the capacity to accommodate both public and emergency vehicles. The streets are adequate in width and pavement type to carry the traffic that could be generated by the batting cage instructional facility, and to support emergency vehicle access. The site is also bounded by an alley in the rear, which provides access to the rear parking lot and easterly parking, adjacent to 2 nd Avenue. c. Public protection services (e.g., fire protection, police protection, etc.); and FACT: The proposed batting cage instructional facility will be located within an existing commercial unit. Conditions of approval have been included to ensure the proposed use will be operated in a safe manner, and not impact public protection service. The request has been reviewed by the Fire and Police Departments, and neither department raised concerns. Therefore, no impacts to public protection services are anticipated. d. The provision of utilities (e.g., potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.). FACT: The subject unit is located within an existing commercial building, which is adequately serviced by existing utilities. The Project does not include new construction that will impact the provision of utilities, nor will it be operated in a manner that will impact the provisions of utilities. Therefore, no impacts to the provision of utilities are anticipated. 5. The measure of site suitability shall be required to ensure that the type, density, and intensity of use being proposed will not adversely affect the public convenience, health, interest, safety, or general welfare, constitute a nuisance, or be materially injurious 6 to the improvements, persons, property, or uses in the vicinity and zone in which the property is located. FACT: The proposed batting cage instructional facility will not be detrimental to the public health or welfare, or the surrounding properties. The size and nature of the operations of the proposed use will not negatively affect the surrounding businesses and properties. In addition, conditions of approval, such requiring that the entire unit be sound proof to mitigate any noise impacts to the adjacent tenants, requiring a loading/drop-off zone, and requiring that the use be subject to periodic inspections have been included to mitigate any potential impacts. 6. This Project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines pertaining to the use of an existing facility. SECTION 3. For the foregoing reasons the Planning Commission determines that the Project is Categorically Exempt per Class 3, Section 15303 of the California Environmental Quality Act (CEQA) Guidelines, and approves Conditional Use Permit No. CUP 19-20 to allow a new batting cage instructional facility within an existing 6,000 square foot tenant space at 158 E. Saint Joseph Street, subject to the conditions of approval attached hereto. 7 SECTION 4. The Secretary shall certify to the adoption of this Resolution. Passed, approved and adopted this 14th day of April, 2020. ______________________ Deborah Lewis Chair, Planning Commission ATTEST: ______________________ Lisa L. Flores Secretary APPROVED AS TO FORM: ______________________ Stephen P. Deitsch City Attorney 8 Page Intentionally Left Blank 9 RESOLUTION NO. 2049 Conditions of Approval 1. The use approved by CUP 19-20 is limited to a batting cage instructional facility and shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 19-20, and shall be subject to periodic inspections, after which the provisions of this Conditional Use Permit may be adjusted after due notice to address any adverse impacts to the neighboring businesses and properties. 2. No more than 20 youth softball & baseball players shall be permitted at any given time. Any changes to the number of players shall be subject to review and approval by the Planning & Community Development Administrator, or designee, unless significant modifications are proposed; in which case, the application may be referred to the Planning Commission. 3. The hours of operation will be limited to Monday through Sunday between the hours of 9:00 a.m. to 9:00 p.m. 4. The entire unit shall be sound proof to mitigate any potential noise impacts to the neighboring businesses adjacent tenant and shall comply with the City’s noise ordinance. The specifications and materials for the soundproofing shall be submitted to Planning Services for review and approval prior to submitting the plans into plan- check in Building Services. After the business is in full operation, the City shall conduct a noise reading to ensure the sound level does not exceed the noise ordinance. If it does, the business owner shall make additional alteration to the unit to mitigate the noise, and/or modify their business operation. 5. The applicant shall designate two (2) parking spaces in the rear parking lot for loading/drop-off only, as shown on the approved site plan. A sign to this effect shall be posted in front of these parking spaces. 6. Prior to the issuance of a Certificate of Occupancy from the Building Division, one (1) Automated External Defibrillator (AED) shall be installed. The location of the AED shall be identified on the plans submitted for plan check in Building Services and is subject to review and approval by the Fire Marshal. 7. The plans submitted for Building plan check shall comply with the latest adopted edition of the following codes as applicable: a. California Building Code b. California Electrical Code c. California Mechanical Code d. California Plumbing Code e. California Energy Code f. California Fire Code 10 g. California Green Building Standards Code h. California Existing Building Code i. Arcadia Municipal Code 8. All City requirements regarding disabled access and facilities, occupancy limits, building safety, health code compliance, emergency equipment, environmental regulation compliance, and parking and site design shall be complied with by the property owner/applicant to the satisfaction of the Building Official, City Engineer, Planning & Community Development Administrator, Fire Marshal, and Public Works Services Director, or their respective designees. The changes to the existing facility may be subject to building permits after having fully detailed plans submitted for plan check review and approval by the aforementioned City officials. 9. Noncompliance with the plans, provisions and conditions of approval for CUP 19-20 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the batting cage instructional facility. 10. 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/or land use decision and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officials, officers, employees, and agents in the defense of the matter. 11. Approval of CUP 19-20 shall not be in effect unless the Property Owner and Applicant have executed and filed the Acceptance Form with the City on or before 30 calendar days after the Planning Commission has adopted the Resolution. The Acceptance Form to the Development Services Department is to indicate awareness and acceptance of the conditions of approval. Attachment No. 2 Attachment No. 2 Aerial Photo with Zoning Information & Photos of the Subject Property and Vicinity 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.): DMU Number of Units: DMU Property Characteristics 1981 23,350 0 APW DEVELOPMENT CO Site Address:225 N 2ND AVE Parcel Number: 5773-007-033 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 11-Mar-2020 Page 1 of 1 Main Entrance Rear of Tenant Space Easterly Parking Lot (2nd Ave) Rear Parking Lot Attachment No. 3 Attachment No. 3 Plan Attachment No. 4 Attachment No. 4 Preliminary Exemption Assessment Preliminary Exemption Assessment PRELIMINARY EXEMPTION ASSESSMENT 1. Name or description of project: CUP 19-20 A conditional use permit to allow a new batting cage instructional facility for youth baseball and softball players between the ages of eight (8) and 18 years old with a Categorical Exemption under the California Environmental 2. Project Location Identify street address and cross streets or attach a map showing project site topographical map identified by quadrangle name): 158 E. St. Joseph Street (E. St. Joseph St. & N. 2nd Ave.) 3. Entity or person undertaking project: A. B. Other (Private) (1) Name Jason Cly, Applicant (2) Address 24053 Sylan St Woodland Hills, CA 91367 4. Staff Determination: 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: 15301(a) Class 1 (Use of an existing facility) 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: April 14, 2020 Staff: Luis Torrico, Senior Planner DATE: April 14, 2020 TO: Honorable Chair and Planning Commission FROM: Lisa L. Flores, Planning & Community Development Administrator By: Luis Torrico, Senior Planner SUBJECT: RESOLUTION NO. 2050 APPROVING CONDITIONAL USE PERMIT NO. CUP 18-06, ARCHITECTURAL DESIGN REVIEW NO. ADR 18-17 & ZONE VARIANCE NO. ZV 19-01 WITH A MITIGATED NEGATIVE DECLARATION FOR A NEW HOTEL DEVELOPMENT WITH A HEIGHT VARIANCE LOCATED AT 125 W. HUNTINGTON DRIVE & 175 COLORADO PLACE Recommendation: Adopt Resolution No. 2050 SUMMARY The Applicant, Pacific Design Group, on behalf of the property owners VG Property Investments LLC, is requesting approval of Conditional Use Permit Application No. CUP 18-06, Architectural Design Review No. ADR 18-17, and Zone Variance No. ZV 19-01 for a new a hotel development that will consist of two freestanding structures: 1) The conversion of a three-story office building into a hotel; and 2) A new freestanding hotel tower with a height variance - Drive and 175 Colorado Place. It is recommended that the Planning Commission adopt Resolution No. 2050 (Attachment No. 1) thereby adopting the Mitigated Negative Declaration and Mitigated Monitoring and Reporting Program (MMRP), and the proposed project, subject to the conditions listed in this staff report. BACKGROUND The subject site is an interior lot that is approximately 4.59 acres and is bounded by three public streets with frontages along San Rafael Road, W. Huntington Drive, and Colorado Place. The property is zoned C-G (General Commercial) and has a General Plan Land Use Designation of Commercial with a Downtown Overlay that allows a Floor Area Ratio (FAR) of 1.0 -. The site is currently developed with two (2) medical office buildings, a parking structure, and one (1) general office building. In CUP 18-06, ADR 18-17, ZV 19-01 125 W. Huntington Drive & 175 Colorado Place April 14, 2020 Page 2 of 24 2011, the Planning Commission approved the construction of three (3) three-story office buildings (two medical and one general office), totaling 64,225 square feet. The three- story general office building was approved at southwest portion of the site near W. Huntington Drive and San Rafael Road (where the hotel is now proposed). However, the property owner chose not to pursue construction of the development, and the permit expired a year later. Subsequently in 2013, the Planning Commission and City Council approved the construction of the two (2) medical office buildings and parking structure currently on the site. The two (2) three-story medical office buildings are primarily occupied by USC Keck Medicine and other independent medical offices, and the three- story office building that has been vacant since 2017, was formerly occupied Worley Parson Engineering, as shown in Figure 1 below. The site is surrounded by commercial properties to the east, single-family residences to the north, and the Santa Anita Park and a new hotel/mixed use development to the south - refer to Attachment No. 2 for an Aerial Photo with Zoning Information and Photos of the subject property. Figure 1 Aerial of Subject Site PROPOSAL The proposed development requires the approval of the following applications and documents: A Conditional Use Permit to allow the hotel use within the General Commercial (C- G) Zone. Existing Medical Office Bldgs. Existing Parking Structure Existing Office Bldg. To Be Converted into Hotel Huntington Dr. San Rafael Rd. CUP 18-06, ADR 18-17, ZV 19-01 125 W. Huntington Drive & 175 Colorado Place April 14, 2020 Page 3 of 24 An Architectural Design Review for the site plan and design review. A Zone Variance to exceed the allowed height of 48 feet in the Downtown Overlay Zone with a portion of the new hotel tower that will measure approximately 64 feet in height. A Mitigated Negative Declaration in compliance with the California Environmental Quality Act (CEQA). The proposed development consists of a new hotel with 165 guestrooms that will be operated by Hotel Indigo. Hotel Indigo is a boutique hotel chain with worldwide locations including six (6) hotels in California, with the Downtown Los Angeles location being the next closest to Arcadia. The proposed development includes the conversion of the existing 60,811 square foot, three-story office building into a hotel and the construction of a new 61,538 square foot five-story hotel tower, adjacent to the main hotel. Building C, the three-story vacant building, will be approximately - top of the parapet. As part of the hotel conversion, the building height will increase up to - complian - Building D, the new hotel tower, will vary in stories from four (4) to five (5) stories. The four (4) story portion of the building will be - story portion of the building will be - in height. Portions of the -- however, these will be strictly decorative elements and provide an area for signage. To further mitigate any further concerns with the height of the hotel tower, Staff worked with the Applicant to reduce the north wing from five stories to four stories, and the Applicant redesigned the floor plan so that there are no windows on the wall that faces the residential uses. However, by eliminating a level on the north wing, the Applicant requested the additional height on the other wing to have enough adequate guestrooms to make this hotel financially feasible. Both Buildings will include guestrooms and amenities for hotel guests as follows: Building Number of Guestrooms Amenities Number of Floors Gross Square Feet Building C Existing 3 story building 90 Lobby Restaurant Hotel Bar Exercise Room Meeting Rooms 3 60,811 sq. ft. CUP 18-06, ADR 18-17, ZV 19-01 125 W. Huntington Drive & 175 Colorado Place April 14, 2020 Page 4 of 24 Building D New hotel tower 75 Spa Café Banquet Rooms 5 61,538 sq. ft. The proposed hotel development and existing medical office buildings will have a total FAR of 0.89, which complies with the maximum FAR of 1.0. Building D will provide setbacks that exceed the Code minimum. A street-side setback of ten feet, in-lieu of the required five (5) feet, and a rear yard setback of 80 feet, in-lieu of the required 20 feet will be provided. The increased rear yard setback was provided to be sensitive to the adjacent residential uses to the north. In terms of parking, the site currently has 576 spaces. A total of 92 spaces will be removed to accommodate the new hotel development. As a result, the site will have 484 parking spaces, which exceeds the minimum requirement for the mix of uses by 32 spaces. The hotel will also have three (3) loading spaces for deliveries, which meets the minimum requirement. All the parking spaces will be shared through a parking reciprocal easement. ANALYSIS The Development Code allows hotels in the C-G Zone subject to the approval of a Conditional Use Permit. The Downtown Overlay allows a building up to a maximum height of 48 --. The Applicant is requesting to exceed the maximum height limit on both wings of the new tower that will vary from -on the four---story tower. Other than the height variance, the entire project complies per code in terms of height on the other hotel building, parking, setback, and landscaping. The reason the Applicant proposed a taller building rather than a wider building footprint that could comply with the maximum height was to be sensitive to the neighbors to the north. They felt a greater setback between the hotel and their homes was more ideal and less impactful than having a taller building. The site is unique in that it is constrained on three sides by public right- of-ways and single-family residences to the north, thus limiting developable area or the Staff agrees that efforts were made to ensure the hotel would not potentially impact the adjacent residences by providing a greater rear yard setback of -, whereas only - is required when abutting residentially zoned property, and complying with the 45- degree encroachment plane), and ensuring that no windows will be placed on the wall that faces the residences. The reason for the height variance too was to include commercial uses on the ground floor since this site is a part of the downtown area. The goal of the downtown area is to provide active uses and help activate the streetscape. The Applicant is trying to find that balance of meeting the General Plan goals for this area, while still providing at least 165 rooms in order for it be financially feasible, and to provide adequate distance between the hotel and the single-family residences to the north. The Applicant felt this project has accomplished that, while still complying with the requirement that the minimum height required on the ground floor for the commercial uses must be - CUP 18-06, ADR 18-17, ZV 19-01 125 W. Huntington Drive & 175 Colorado Place April 14, 2020 Page 5 of 24 Also, all the other hotels have the same number of stories, if not taller, and every hotel property has a height overlay that allows for a taller building than this hotel, which varies be --0). The proposed height would create a balanced look with the approved hotel across the street. Therefore, the additional height is warranted. Parking The Development Code requires 1.2 parking space per guest room. In addition, the Code allows hotel amenities such as banquet halls, conference/meeting rooms, and spas serving hotel guests only to be included within this parking ratio. Therefore, the hotel bar, café, meeting and banquet rooms will not require additional parking, as those will primarily services the hotel guests. However, the Applicant has indicated that the spa may be operated by a third party and will serve customers outside of the hotel guests. Therefore, the spa needs to be parked at a parking ratio of one (1) space per 200 square feet to comply with Code. In addition, the Code has a parking requirement of one (1) space per 200 square feet for restaurants located within a hotel. Therefore, the restaurant will have a parking requirement of 21 spaces. Combined (hotel, spa & restaurant), the hotel development will have a total parking requirement of 257 parking spaces. The existing medical office buildings have a parking requirement of 195 spaces. This will result in total on-site parking requirement of 452 spaces. With 484 parking spaces provided (see Table 1), there will be a surplus of 32 parking spaces. Code Required Parking Parking Space Applicable Parking Ratio Proposed Parking Spaces Existing Medical Office Buildings 195 1 space per 200 S.F. 484 Converted Office Building (Building C) 108 1.2 space per guest room New Hotel Tower (Building D) 90 1.2 space per guest room Restaurant 21 1 space per 200 S.F. Spa 38 1 space per 200 S.F. Total 452 Table 1 - Parking Requirements Traffic As part of the Initial Study, a Traffic Impact Analysis was prepared, by the traffic consultant, Linscott Law & Greenspan (LLG). Based on this new development, the new hotel is expected to generate 2,442 new trips during the weekday, and 3,012 trips on the PARKING CUP 18-06, ADR 18-17, ZV 19-01 125 W. Huntington Drive & 175 Colorado Place April 14, 2020 Page 6 of 24 weekends, over a 24 hour period. It was determined that the proposed project would not change the existing Level of Service (LOS) of D at any of the intersections shown below: 1. Gate 3 Holly Avenue/Huntington Drive Campus Drive 2. Colorado Place/San Juan Drive 3. Colorado Place/Huntington Drive 4. Santa Clara Street/Huntington Drive 5. Santa Anita Avenue/I-210 Freeway EB Ramps 6. Santa Anita Avenue/Santa Clara Street In addition, the analysis also determined that the proposed project would not change the existing LOS of E, during the AM peak hours, to any of the intersections shown below: 1. Santa Anita Avenue/I-210 Freeway WB Ramps 2. Santa Anita Avenue/Huntington Drive Architectural Design The new hotel tower will be a modern architectural style building with Art Deco elements (refer to the Architectural Plans under Attachment No. 3). Staff worked with the Applicant through several design iterations before finalizing the current proposal. Different architectural styles and building forms were explored with the goal of achieving a design that not only complemented the existing nearby developments, but also created its only identity and provided architectural interest along the Huntington Drive streetscape (see Figure 2). The design incorporates clean horizontal and vertical lines, and basic forms throughout all four elevations, which are characteristic of the Modern architectural style. In addition, vertical elements, characteristic of the Art Deco architectural style, are placed at key portions of the hotel tower, such as the Huntington Drive elevation, a vertical band for signage and most importantly, on the curved element at the corner of Huntington Drive and San Rafael Road. Exterior finishes include a stucco exterior with varied colors, glass, and limestone accents throughout portions of the buildings, including at the main entries. Figure 2 Hotel Tower Corner Rendering Bldg. D CUP 18-06, ADR 18-17, ZV 19-01 125 W. Huntington Drive & 175 Colorado Place April 14, 2020 Page 7 of 24 Adequate vertical and horizontal articulation is provided throughout the development. The café located at the corner of Huntington Drive and San Rafael Road includes an outdoor patio on the second level, which allows the levels above the ground floor to be stepped back and provide a vertical break. In an effort to be sensitive to the residential neighbors to the rear, Staff worked with the Applicant on certain design features of the hotel tower. To provide additional articulation to reduce the overall mass of the structure, the rear elevation has been stepped to only provide four (4) levels (see Figure 3). In addition, the rear elevation incorporates a vertical landscape wall to soften the rear elevation and break-up the wall plane. Furthermore, there are no guestroom windows on the rear elevation to provide privacy to the residential uses to the north, and the windows that are provided at the rear elevation are to the interior corridor and are frosted to further provided privacy. As part of the conversion of Building C, the exterior façade will also be renovated to include similar architectural elements and finishes as the new hotel tower. Building C will include horizontal and vertical line elements throughout, and will have vertical elements, characteristic of the Art Deco style at the main entry, facing the interior of the site and along Huntington Drive (see Figures 4 & 5). Aside from providing architectural interest, the vertical architectural elements at the Huntington Drive entrance will also provide a signage area for the hotel. To further activate the streetscape, an outdoor dining area will be provided along the Huntington Drive frontage. Figure 2 Hotel Tower Rear Elevation Rendering Bldg. D CUP 18-06, ADR 18-17, ZV 19-01 125 W. Huntington Drive & 175 Colorado Place April 14, 2020 Page 8 of 24 Both hotel buildings have been thoughtfully designed to not only complement the Santa Anita grandstand and new Le Meridien hotel, both adjacent to the proposed hotel development, but also to provide its own unique identity. The proposed colors will draw from the colors of Santa Anita Park grandstand and will also complement the Le Meridien hotel development. The overall design and vertical Art Deco elements at the entries will provide a balanced and aesthetically pleasing design that will complement the surrounding uses and the general vicinity. Figure 4 - Front Rendering - Bldg. C Figure 5 - Rear Main Entry - Bldg. C CUP 18-06, ADR 18-17, ZV 19-01 125 W. Huntington Drive & 175 Colorado Place April 14, 2020 Page 9 of 24 FINDINGS Conditional Use Permit Section 9107.09.050(B) of the Development Code requires that for a Conditional Use Permit to be granted, it must be found that all of the following prerequisite conditions can be satisfied: 1. The proposed use is consistent with the General Plan and any applicable specific plan. Facts to Support This Finding: Approval of the proposed hotel development would be consistent with the General Plan Land Use Designation of Commercial with a Downtown Overlay. The designated land use allows a broad array of commercial enterprises which serve both neighborhood and citywide uses. The proposed hotel development will convert an existing office building which has been vacant for several years and will complement the hotel currently under construction directly across the street. The project will provide additional opportunities for those visiting the City of Arcadia, and will help to revitalize the Downtown area of Arcadia. In addition, the proposed hotel development is a use permitted in the General Commercial (C-G) Zone subject to the approval of a Conditional Use Permit, will not adversely affect the comprehensive General Plan, and is consistent with the following General Plan goals and policies: Land Use and Community Design Element Policy LU-1.1: Promote new infill and redevelopment projects that are uses. Policy LU-6.4: Encourage design approaches that create a cohesive, vibrant look and that minimize the appearance of expansive parking lots on major commercial corridors for new or redeveloped uses. 2. The proposed use is allowed within the applicable zone, subject to the granting of a Conditional Use Permit, and complies with all other applicable provisions of the Development Code and the Municipal Code. Facts to Support This Finding: The site is zoned General Commercial (C-G) with a Downtown Overlay Zone. Arcadia Development Code Section 9102.03.020, Table 2- 8, allows hotels in the C-G zone subject to the review and approval of a Conditional Use Permit. The proposed hotel development complies will all the development standards of the C-G and Downtown Overlay Zones, with the exception of the maximum allowed height of 48 feet in the Downtown Overlay Zone. The proposed - Variance by the Planning Commission. In addition, as required by the California Environmental Quality Act (CEQA), the Development Services Department prepared an Initial Study and Mitigated Negative Declaration (MND) for the proposed project, CUP 18-06, ADR 18-17, ZV 19-01 125 W. Huntington Drive & 175 Colorado Place April 14, 2020 Page 10 of 24 which determined that the project, with mitigation measures, will have less-than- significant impacts. Lastly, the proposed hotel development complies with all other applicable provisions of the Development Code and the Municipal Code. 3. The design, location, size, and operating characteristics of the proposed activity will be compatible with the existing and future land uses in the vicinity. Facts to Support This Finding: The proposed hotel development will be constructed on a site that measures approximately 4.59 acres in lot area, located within the General Commercial (C-G) and Downtown Overlay Zones. The Site is bounded by single-family residential to the north, and by a mixture of commercial uses to the west, east and south, including a restaurant, office building, and a hotel and mixed-use development under construction to the south of the subject site. Therefore, the proposed hotel development will be compatible with the existing and future commercial uses in the vicinity. The Project will provide additional accommodation opportunities for people visiting Santa Anita Park, the City of Arcadia, and the region in general. Parking above the minimum Code requirement will be provided on the subject site for the proposed hotel development and existing medical office buildings on the subject site. Therefore, no parking impacts are expected. In addition, as part of the new hotel, and as required by the California Environmental Quality Act (CEQA), an Initial Study and Mitigated Negative Declaration (MND) was prepared for the proposed hotel development and it concluded that with implemented mitigation measures, the project will have less-than-significant impacts. Therefore, the development and operation of the Project will be compatible with the existing and future land uses in the vicinity. 4. The site is physically suitable in terms of: a. Its design, location, shape, size, and operating characteristics of the proposed use in order to accommodate the use, and all fences, landscaping, loading, parking, spaces, walls, yards, and other features required to adjust the use with the land and uses in the neighborhood; Facts to Support This Finding: The site measures approximately 4.59 acres and is developed with two (2) existing three-story medical office buildings, a parking structure, and a three-story office building. The subject site can physically support the existing and proposed hotel development. All the uses on the subject site will not exceed the Floor Area Ratio of 1.0 (proposed: 0.89). In addition, sufficient parking for all the uses will be provided on site, and will result in 32 spaces above the minimum Code requirement. Lastly, the new hotel tower has been placed closer to Huntington Drive to provide a greater rear yard setback to be sensitive to the adjacent residential uses to the north. The minimum rear yard setback is 20 feet and the hotel will be provide an 80-foot rear yard setback. Therefore, the site is adequate in size to accommodate the existing uses and the proposed hotel development. CUP 18-06, ADR 18-17, ZV 19-01 125 W. Huntington Drive & 175 Colorado Place April 14, 2020 Page 11 of 24 b. Streets and highways adequate in width and pavement type to accommodate public and emergency vehicle (e.g., fire and medical) access. Facts to Support This Finding: The site is located along Huntington Drive, which is designated and designed with the capacity to accommodate both public and emergency vehicles. The street is adequate in width and pavement type to carry the traffic that would be generated by the proposed hotel development, and to support emergency vehicle access. In addition, as part of the environmental review for the Project, a Traffic Impact Analysis was prepared. The analysis evaluated eight (8) intersections and six (6) street segments in the vicinity of the proposed hotel development. The analysis concluded that the project will not create significant traffic impacts at any of the studied intersections or street segments. Therefore, no traffic mitigation measures are required for the proposed hotel development. c. Public protection services (e.g., fire protection, police protection, etc.). Facts to Support This Finding:The proposed hotel development will be constructed on an existing commercial site serviced by the Arcadia Fire and Police Departments. As part of the environmental review process, the Initial Study and Mitigated Negative Declaration (MND) determined that Fire and Police protection services would not be impacted. The need for new or altered Fire or Police services is usually associated with substantial population growth. The proposed hotel development is not anticipated to cause substantial population growth; therefore, no impacts to public protection services are anticipated. d. The provision of utilities (e.g., potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.). Facts to Support This Finding: The proposed hotel development will be located on a site that is serviced by existing utilities. However, new utility connections, including connections for potable water and storm drainage, will be required for the proposed hotel development. The Initial Study and Mitigated Negative Declaration (MND) prepared for the Project determined that no impacts to the provision of utilities would be created by the proposed hotel development. 5. The measure of site suitability shall be required to ensure that the type, density, and intensity of use being proposed will not adversely affect the public convenience, health, interest, safety, or general welfare, constitute a nuisance, or be materially injurious to the improvements, persons, property, or uses in the vicinity and zone in which the property is located. Facts to Support This Finding: The proposed hotel development is not expected to be detrimental to the public health or welfare, or the surrounding properties. The project will be compatible with the surrounding commercial uses in the general area. The Initial Study and Mitigated Negative Declaration (MND) prepared for the hotel CUP 18-06, ADR 18-17, ZV 19-01 125 W. Huntington Drive & 175 Colorado Place April 14, 2020 Page 12 of 24 development analyzed all the potential impacts and all the project impacts are less than significant or can be reduced to less than significant level with the implementation of the recommended mitigation measures. In addition, staff worked with the Applicant on the design of the new hotel tower to locate it as close to possible to Huntington Drive and away from the adjacent residential properties to the north of the subject site, and limited the number of stories to no more than four (4) on the rear portion of the tower, which faces the residential properties. Therefore, no impacts to the uses in the vicinity and zone in which the property is located are anticipated. Zone Variance Section 9107.25.050(B) of the Arcadia Municipal Code requires that for a Zone Variance to be granted, it shall be found that the following prerequisite conditions can be satisfied: 1. There are special exceptional or extraordinary circumstances or conditions applicable to the subject property (e.g., location, shape, size, surroundings, topography, or other physical features) that do not apply generally to other properties in the vicinity under an identical zoning classification; Facts to Support the Finding: The subject site is a wide U shape lot that is approximately 4.59 acres. The site is bounded by three public streets with frontages along San Rafael Road, W. Huntington Drive, and Colorado Place. The site is unique in that it is constrained on three sides by public rights-of-way and single-family residences to the north, thus limiting developable area or the ability to expand the The proposed hotel is a boutique hotel that is expected to offer modern day amenities, including a rooftop dining area toward the street frontages to help activate the area. Due to the constrained location, it is not feasible for the proposed hotel development to provide outdoor dining adjacent to the ground floor. Because this property is located within the Downtown Overlay, the intent is to provide opportunities for more intense, high quality development areas. The Development Code encourages that no setbacks along the street frontage (W. Huntington Drive) for commercial properties within the General Commercial (CG) zone with a Downtown Overlay to building as close to the street to create a pleasant pedestrian experience with attractive business mercial Design Guidelines, the project adheres to recommended site planning guidelines by locating building frontages at the front property line with the parking behind. In doing so, the hotel rooms had to be located above the ground floor commercial space. The site has no room to accommodate ground floor outdoor dining area without expanding the building footprint closer to the single-family residences. The height variance would only be applicable to the new building and the wing closest to the residences would only be four (4) stories tall. distance from sensitive uses are special circumstances applicable to the subject property that does not apply to the other properties in the same zone vicinity. CUP 18-06, ADR 18-17, ZV 19-01 125 W. Huntington Drive & 175 Colorado Place April 14, 2020 Page 13 of 24 2. Strict compliance with Development Code requirements would deprive the subject property of privileges enjoyed by other property in the vicinity and under an identical zoning classification; Facts to Support the Finding: The strict application of the provisions of the Arcadia Development Code will not allow this hotel to have the same number of stories as the other hotels in the City, while still complying with the requirement that the ground floor - least four stories of only hotel rooms (no ground floor commercial), and all of them have height overlays that varies -) -0). By not allowing the hotel to have the same number of floors of hotel rooms and having to provide a activate the streetscape, it would deprive the property owner of a privilege that the other owners have. The proposed height would create a balanced look with the approved hotel across the street. Therefore, the strict application would result in practical difficulties or unnecessary hardship inconsistent with the general purposes and intent of zoning regulations. Granting the Variance would not: a. Constitute a grant of special privileges inconsistent with the limitations on other properties in the same vicinity and zone in which the subject property is situated; Facts to Support the Finding:Approval of the Zone Variance would not constitute a grant of special privileges inconsistent with the limitation on other properties in the same vicinity and zone. In fact, having the ground floor commercial and taller building is more beneficial to the Downtown area than a four-story hotel with no commercial spaces. Having the combination of both will be consistent with the Le Meridien hotel and mixed use development that was approved across the street on W. Huntington Drive. The proposed hotel, with the height variance, will be lower in height than the Le Meridien hotel that was approved at 80 feet in height. Although the sites are different, the additional height will not create a special privilege that other hotels do not have. In fact, if the Variance is not approved, it would deprive the owner of a privilege from trying land use goals and policies for this area. b. Be materially detrimental to the public health or general welfare or injurious to the property or improvements in the vicinity or zone in which the property is located; or Facts to Support the Finding: Allowing the Project to have the same number of floors of hotel rooms as the other five hotels in the City (Hampton Inn, Hilton Garden Inn, Marriott, Embassy Suites, and Le Meridien) will not be materially detrimental to the public welfare. The proposed Project will be compatible with the surrounding uses and complements the new Le Meridien hotel that is under construction across the street. All of the other hotels are taller than what would CUP 18-06, ADR 18-17, ZV 19-01 125 W. Huntington Drive & 175 Colorado Place April 14, 2020 Page 14 of 24 be allowed under the Downtown Overlay. As such, the variance to allow a taller building will not be materially detrimental to the public welfare. c. Adversely affect the General Plan; Facts to Support the Finding: Granting the Variance would not adversely affect the General Plan. The subject site has land use designation of Commercial with a Downtown Overlay, which would support the proposed Project. In addition, the development would comply with the Floor Area Ratio of 1.0 as required by the Downtown Overlay land use designation. Therefore, the Project would comply with the General Plan and is consistent with the following General Plan goals and policies: Land Use and Community Design Element Policy LU-1.1: Promote new infill and redevelopment projects that are consistent Policy LU-6.4: Encourage design approaches that create a cohesive, vibrant look and that minimize the appearance of expansive parking lots on major commercial corridors for new or redeveloped uses. 3. The requested Variance would not allow a use or activity that is not otherwise expressly authorized by the regulations governing the subject parcel; Facts to Support the Finding:The subject site is located within the General Commercial (C-G) and Downtown Overlay Zones, which allows hotels subject to the approval of a Conditional Use Permit. In addition, the General Plan Land Use Designation is Commercial with a Downtown Overlay, which allows a wide range of uses that serve neighborhood and citywide markets. Therefore, approval of the height variance to one of the two buildings would not allow a use or activity that is not otherwise expressly authorized by the regulations governing the subject parcel. ENVIRONMENTAL ASSESSMENT Pursuant to the provisions of the California Environmental Quality Act (CEQA), the Development Services Department prepared the attached Initial Study and Mitigated Negative Declaration (MND) for the proposed project (refer to Attachment No. 4). The project with mitigation measures will have less-than-significant impacts for the following areas: Aesthetics, Air Quality, Biological Resources, Geology and Soils, Hazards and Hazardous Materials, Hydrology and Water Quality, Noise, Transportation/Traffic, and Utilities and Service Systems. A detailed review is included in the Initial Study. The mitigation measures have been added as conditions of approval (Condition nos. 41-46) for the project. The City has prepared a Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program (MMRP). In accordance with Section 21091 of the California Environmental Quality Act (CEQA) and Section 15073 of the CEQA Guidelines, the Draft Initial Study/Mitigated Negative Declaration (IS/MND) for the hotel development was circulated for public review and comments for 21 days from February 13, 2020 to March 5, 2020. CEQA also requires the CUP 18-06, ADR 18-17, ZV 19-01 125 W. Huntington Drive & 175 Colorado Place April 14, 2020 Page 15 of 24 lead agency (City of Arcadia) to specify the location and custodian of the documents and decision is based. These documents were made available at Arcadia City Hall, Arcadia Public Library ite. During this time period, public agencies, organizations, and the public in general were afforded the opportunity to review the Draft IS/MND, and submit written comments regarding the documents and the proposed project. During the comment period, staff received one comment from the following agency/organization: Gabrieleno Band of Mission Indians Kizh Nation, dated February 18, 2020 The comments on the Draft IS/MND necessitated further clarification on the required mitigation measure should Tribal Cultural Resources be discovered/unearthed during project construction. The Planning Commission is required to consider the IS/MND together with any comments received during the public review process. Attached is the Response to Comment, which adequately addresses the comment made by the Gabrieleno Band of Mission Indians Kizh Nation on the Hotel IS/MND. The comment and its response do not change the determination of the IS/MND (i.e., that all the project impacts are less than significant or can be reduced to less than significant levels by implementation of the recommended mitigation measures, including the additional measures outlined in the memorandum). PUBLIC NOTICE/COMMENTS Public hearing notices for this item were originally mailed on February 13, 2020, for the March 24, 2020 Planning Commission meeting. However, due to COVID-19 coronavirus, the City had to change the format of the meeting for the public health and safety, and a revised noticed was mailed on March 20, 2020 and published on March 23, 2020 for the April 14, 2020 meeting. Both notices were mailed to all the property owners and tenants within the 300 foot radius of the subject property. Additionally, the Notice of Intent to Adopt the Mitigated Negative Declaration was published in the Arcadia Weekly and filed with on February 13, 2020 for the required 20-day posting. During the notification period, staff did not receive any comments or concerns regarding the proposed project. The Applicant also held a neighborhood meeting on November 20, 2020 at the subject site to inform the residents/owners about the proposed project and to canvas their concerns/comments early on the process. All were invited to the meeting. Besides the development team and City Staff, approximately six (6) were in attendance, which consisted of local hotel operators, one representative from Santa Anita Park, and a representative from Rusnak. No residents were in attendance. A majority had questions about the proposed project. CUP 18-06, ADR 18-17, ZV 19-01 125 W. Huntington Drive & 175 Colorado Place April 14, 2020 Page 16 of 24 RECOMMENDATION It is recommended that the Planning Commission adopt Resolution No. 2050 approving Conditional Use Permit Application No. CUP 18-06, Architectural Design Review No. ADR 18-17 & Zone Variance No. ZV 19-01 for a new 165-room hotel development and approve the Mitigated Negative Declaration, and Mitigated Monitoring and Reporting Program, subject to the following conditions of approval: For reference, the hotel is referenced by its individual buildings throughout the conditions of approval: Building C: Existing three-story office building. Building D: New four to five-story building. 1. The project shall be developed and maintained by the Owner/Applicant in a manner that is consistent with the plans submitted and conditionally approved for CUP 18-06, ADR 18-17 & ZV 19-01, subject to the satisfaction of the Planning & Community Development Administrator or designee. 2. reciprocal parking and access to all the uses on this property shall be prepared by the Applicant/Owner and recorded against this property prior in the Office of the City for al thereof. For this purpose, the Applicant/Owner shall submit to the City with the proposed CC&Rs a deposit of $2,500 for purposes of such review, of which any funds remaining after review of the CC&Rs by the City shall be returned to the Applicant/Owner. 3. The Owner/Applicant shall submit a haul route map and staging plan to Planning Services prior to issuance of a grading permit. 4. The Owner/Applicant shall be responsible for the repair of all damage to public improvements in the public right-of-way resulting from construction related activities, including, but not limited to, the movement and/or delivery of equipment, materials, and soils to and/or from the site. 5. Prior to submitting plans into Building Services for plan-check, the property owner must provide a copy of the title report or grant deed that the property is one legal lot. No permits, including a grading permit, shall be issued until this has been verified by the Planning & Community Development Administrator, or designee. Building 6. The plans submitted for Building plan check shall comply with the latest adopted edition of the following codes as applicable: CUP 18-06, ADR 18-17, ZV 19-01 125 W. Huntington Drive & 175 Colorado Place April 14, 2020 Page 17 of 24 a. California Building Code b. California Electrical Code c. California Mechanical Code d. California Plumbing Code e. California Energy Code f. California Fire Code g. California Green Building Standards Code h. California Existing Building Code i. Arcadia Municipal Code 7. Grading plans shall be submitted to the City of Arcadia Building Department. The grading plans shall indicate all site improvements, and shall indicate complete drainage paths of all drainage water run-off. Engineering 8. The Owner/Applicant shall remove and replace existing curb, gutter, and sidewalk along Colorado Place and San Rafael Road. 9. The Owner/Applicant shall coordinate with Public Works Services on replacement and/or protection of street trees. 10. The Owner/Applicant shall remove and replace driveway approach with ADA -1) and obtain the necessary permits from Engineering Services. Fire 11. Buildings shall be fully fire sprinklered per the City of Arcadia Fire Department Commercial Sprinkler Standard. All sprinkler heads in Building C (three-story building) shall be replaced. Common areas shall have quick response type heads. 12. Class I standpipes shall be provided on all floors inside stairwells and shall extend to the roof. 13. The fire sprinkler system shall be monitored by a UL listed central station. Notification appliances shall be provided in all common areas. Visual appliances will be provided in any units classified as being accessible. 14. Knox boxes shall be provided for the Lobbies and for exterior doors into stairwells. Stairwell doors shall be keyed to provide for exterior emergency access. 15. Minimum 2A:10BC fire extinguishers shall be provided in all common areas. Maximum travel distance shall be 75 feet. 16. An emergency radio responder system shall be provided for both buildings in compliance with CFC 510. CUP 18-06, ADR 18-17, ZV 19-01 125 W. Huntington Drive & 175 Colorado Place April 14, 2020 Page 18 of 24 17. At least one EMS elevator shall be provided for the Building D. 18. Elevator recall shall be required for any existing elevators in Building C. 19. At least one stairwell shall extend to the roof in Building D. 20. All on-site fire lanes shall be marked with signage and/or red curbing. 21. The minimum required fire flow for Building C shall be 1,000 gpm at 20 psi. The minimum required fire flow for Building D shall be 1,300 gpm at 20 psi. 22. A new public hydrant shall be provided on Huntington Drive at an approved location. 23. Two on-site fire hydrants shall be provided on the north side of the property at approved locations. Public Works 24. The Owner/Applicant shall provide calculations to determine the maximum commercial domestic demand and maximum fire demand in order to verify the required water service size required. 25. The Owner/Applicant shall provide separate water services and meters for each separate structure and for irrigation. A reduced pressure backflow device shall be installed for each service. 26. Fire protection requirements shall be as stipulated by the Arcadia Fire Department and shall be conformed to Arcadia Standard Plan. A separate fire service with Double Check Detector Assembly (DCDA) shall be installed for each fire service required. 27. A Water Meter Permit Application shall be submitted to the Public Works Services Department prior to final plan check approval. 28. New water service installations shall be by the Developer. Installation 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. 29. The Owner/Applicant shall submit sewer improvements plans. 30. The Owner/Applicant shall submit sewer area study. Study shall include: a. Existing peak flow rates in City sewers. b. Peak flow rates in City sewers after project completion. CUP 18-06, ADR 18-17, ZV 19-01 125 W. Huntington Drive & 175 Colorado Place April 14, 2020 Page 19 of 24 c. Peak flow rates generated by the current office building at 125 W. Huntington Dr. d. Peak flow rates generated by the project at each point of connection to the City sewer system. 31. The Owner/Applicant shall protect all existing trees located in the parkway of San Rafael Road. 32. The Owner/Applicant shall comply with the General Construction NPDES Permit. Submit a Notice of Intent (NOI) and pay applicable fees to the State Water Resources Control Board application and fee can be found at this link: http://www.waterboards.ca.gov/water_issues/programs/stormwater/construction. html 33. The Owner/Applicant shall prepare a Storm Water Pollution Prevention Plan (SWPPP) as part of the General Construction Permit requirements. 34. The Owner/Applicant shall obtain a Waste Discharge Identification (WDID) number from the State. The City will not approve any grading plans unless a WDID number has been issued. 35. Proposed project is subject to LID requirements. These requirements include using infiltration trenches, bioretention planter boxes, roof drains connected to a landscaped area, pervious concrete/paver, etc. 36. The proposed project is subject to Industrial Waste requirements. Submit two (2) sets of plumbing plans. Grease Interceptor is required for restaurants. 37. The trash enclosure shall comply with the following: a. - b. Provide a minimum roof clearance to allow the bin lids to open completely. c. Need to accommodate recycling bins and organics recycling bins. d. Provide a minimum of one (1) foot clearance around the trash bin/recycling bin. 38. The Owner/Applicant shall reconfigure trash/recycling area to provide easy access for the trash truck. 39. The Owner/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, CUP 18-06, ADR 18-17, ZV 19-01 125 W. Huntington Drive & 175 Colorado Place April 14, 2020 Page 20 of 24 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/or land use decision and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officials, officers, employees, and agents in the defense of the matter. 40. Approval of CUP 18-06, ADR 18-17 & ZV 19-01 shall not be in effect unless the Property Owner and Applicant have executed and filed the Acceptance Form with the City on or before 30 calendar days after the Planning Commission has adopted the Resolution. The Acceptance Form to the Development Services Department is to indicate awareness and acceptance of the conditions of approval. Mitigation Measures as Conditions of Approval The following conditions are found in the Mitigation Monitoring and Reporting Program (MMRP). They are recorded here to facilitate review and implementation. More information on the timing and responsible parties for these mitigation measures is detailed in the MMRP. 41. Biological Resources MM-BIO-1:Commencement of construction activities shall avoid the February 1 through August 31 bird nesting season to the greatest extent feasible. If construction activities begin within this nesting season, a survey for nesting birds shall be conducted by a qualified biologist within 7 days of the commencement of construction activities, but not prior to this 7-day window. The area surveyed shall include all clearing/construction areas, as well as areas within 100 feet of the boundaries of these areas, or as otherwise determined by the biologist. If no active bird nests are identified on, or within 100 feet of the limits of the proposed disturbance area, no further action is necessary and construction activities could commence. For any off-site areas that are inaccessible, the qualified biologists may survey the off-site area with binoculars to capture the full 100-foot survey area. If active nests are found during pre-construction surveys or at any time throughout the course of construction activities during the nesting bird season, all clearing/construction activities within a minimum of 100 feet of the nest shall be postponed until a wildlife biologist has identified the nesting species. If the bird species is not protected under the MBTA and/or the California Fish and Game Code, no further action is required and construction activities may proceed. If the avian species is protected under the MBTA and/or the California Fish and Game Code, a minimum buffer zone shall be established by the qualified biologist based on the type of bird/raptor species identified and the construction buffer shall be established on site through the erection of cones/flagging/fencing to clearly delineate the protection zone. All construction activities shall avoid this protection zone until a qualified biologist has confirmed that the nest(s) is no longer active and the nest is vacated, and CUP 18-06, ADR 18-17, ZV 19-01 125 W. Huntington Drive & 175 Colorado Place April 14, 2020 Page 21 of 24 there is no evidence of second nesting attempts. Upon completion of any site survey for nesting birds conducted by a qualified biologist, documentation of the survey activity, findings, and any resulting actions taken shall be prepared and submitted to the City. 42. Cultural Resources MM-CUL-1: In the event that archaeological resources are unearthed during ground- disturbing activities, the construction contractor shall immediately cease all earth- disturbing activities within 100 feet of the discovery Professional Qualification Standards. Construction activities may continue in other areas outside of the designated protection zone, which shall be delineated with cones, flagging, or fencing. The archaeologist shall evaluate the significance of the Resou 15064.5(a) of the State CEQA Guidelines. If the archaeological find is determined to be a resource, the archaeologist shall formulate a Mitigation Plan in consultation with the City of Arcadia that satisfies the requirements of the above-listed Code Sections. Upon approval of the Mitigation Plan by the City, the Project shall be implemented in compliance with the Plan. If the Archaeologist determines that the resource is not significant, s/he shall record the evaluation and submit the recordation form to the California Historical Resources Information System (CHRIS) at the South Central Coastal Information Center (SCCIC). The archaeologist shall prepare a report of the results of any study prepared as part of a testing or Mitigation Plan, following accepted professional practice. The report shall follow guidelines of the California Office of Historic Preservation although format will be dependent on the nature of the archaeological investigation required. Copies of the report shall be submitted to the City and to the CHRIS at the SCCIC. 43. Geology and Soils MM-GEO-1: Prior to commencement of any grading activity on-site, the Applicant shall retain a qualified paleontologist per the Society of Vertebrate Paleontology (SVP) (2010) guidelines. The paleontologist shall prepare a Paleontological Resources Impact Mitigation Program (PRIMP) for the project. The PRIMP shall be consistent with the SVP (2010) guidelines and should outline requirements for preconstruction meeting attendance and worker environmental awareness training, where monitoring is required within the project area based on construction plans and/or geotechnical reports, procedures for adequate paleontological monitoring and discoveries treatment, and paleontological methods (including sediment sampling for microvertebrate fossils), reporting, and collections management. The qualified paleontologist shall attend the preconstruction meeting and a paleontological monitor shall be on-site during all rough grading and other significant ground-disturbing activities in previously undisturbed, fine-grained older Quaternary alluvial fan deposits. These deposits may be encountered at depths as shallow as 5-10 feet below ground surface. In CUP 18-06, ADR 18-17, ZV 19-01 125 W. Huntington Drive & 175 Colorado Place April 14, 2020 Page 22 of 24 the event that paleontological resources (e.g., fossils) are unearthed during grading, the paleontological monitor will temporarily halt and/or divert grading activity to allow recovery of paleontological resources. The area of discovery will be roped off with a 50-foot radius buffer. Once documentation and collection of the find is completed, the monitor will remove the rope and allow grading to recommence in the area of the find. 44. Noise MM-NOI-1: Prior to the issuance of a grading permit, the Project Applicant shall provide a Construction Noise Control Plan (CNCP) to the City for review and approval. The CNCP shall include best management practices to reduce short- term construction noise. Enforcement of the CNCP shall be accomplished by field inspections during construction activities and/or documentation of compliance, to s Development Services Department. Recommended best management practices may include, but not be limited to, the following: a. All construction equipment, fixed or mobile, shall be equipped with properly specifications and standards. b. Construction noise reduction methods such as shutting off idling equipment, maximizing the distance between construction equipment staging areas and adjacent residences, and use of electric air compressors and similar power tools, rather than diesel equipment, should be used where feasible. c. Stationary equipment should be placed as far away from the adjacent residential property boundary as feasible and positioned such that emitted noise is directed away from or shielded from sensitive receptors. Acoustically attenuating shields, shrouds, or enclosures may be placed over stationary equipment. d. 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. e. Construction hours, allowable workdays, and the phone number of the job superintendent should be clearly posted at all construction entrances to allow surrounding property owners to contact the job superintendent, if necessary. In the event the City receives a complaint, appropriate corrective actions should be implemented and a report of the action provided to the 45. Noise MM-NOI-2: The Project Applicant shall retain an acoustical specialist to level plans to ensure that the equipment specifications and plans for HVAC and emergency backup generator incorporate features to ensure that operational noise will not exceed relevant noise standards at nearby noise-sensitive land uses (e.g., residential). Such features could include, CUP 18-06, ADR 18-17, ZV 19-01 125 W. Huntington Drive & 175 Colorado Place April 14, 2020 Page 23 of 24 but not be limited to, the specification of quieter equipment, relocation of facilities to be of further distance from residential homes, and/or the provision of acoustical enclosures. The acoustical specialist shall certify in writing to the City that the 46. Tribal Cultural Resources MM-TCR-1: Prior to commencement of construction activities for the Project, a regionally appropriate Native American monitor/consultant shall be retained to monitor ground disturbing activities. Notification to the tribes will be provided 30 days prior to issuance of a grading permit or any ground disturbance activities. If a tentative date is not set by the Tribe, the City has the ability to have another qualified monitor complete this task and submit the final logs to the tribe after all ground disturbance activities have been completed. The Native American monitor/consultant will only be present on site during the construction phases that involve ground disturbing activities within the areas of Building D, the associated swimming pool, and paved areas within the Project site. The frequency and duration of monitoring shall be based on observations made by the Native American monitor(s) in coordination with the City. The on-site monitoring shall end when the ground disturbance activities at these specific locations are completed. The Native American Monitor/consultant shall complete daily monitoring logs that will include descriptions of daily construction activities, location of activities, soil, and any identified cultural materials or potential tribal cultural resources (TCRs).Should a possible TCR be encountered, construction activities within 50 feet of the discovery shall be temporarily halted and the City notified. The City will notify Native American tribes that have been identified by the NAHC to be traditionally and culturally affiliated with the geographic area of the Project. If the potential resource is archaeological in nature, appropriate management requirements shall be implemented as outlined in MM- CUL-1. If the City determines that the potential resource is a TCR (as defined by PRC, Section 21074), tribes consulting under AB 52 would be provided a reasonable period of time, typically 5 days from the date of a new discovery is made, to conduct a site visit and make recommendations regarding future ground disturbance activities as well as the treatment of any discovered TCRs. A qualified archaeologist shall implement a plan for the treatment and disposition of any discovered TCRs based on the nature of the resource and considering the recommendations of the tribe(s). Implementation of proposed recommendations will be made based on the determination of the City that the approach is reasonable and feasible. PLANNING COMMISSION ACTION Approval If the Planning Commission intends to approve this proposal, the Commission should approve a motion to approve Conditional Use Permit Application No. CUP 18-06, Zone Architectural Design Review No. ADR 18-17 & Zone Variance No. ZV 19-01, and approve the Mitigated Negative Declaration and Mitigated Monitoring Project, stating that the proposal satisfies the requisite findings, and adopting the attached Resolution No. 2050 CUP 18-06, ADR 18-17, ZV 19-01 125 W. Huntington Drive & 175 Colorado Place April 14, 2020 Page 24 of 24 that incorporates the requisite environmental and Conditional Use Permit findings and the conditions of approval as presented in this staff report, or as modified by the Commission. Denial If the Planning Commission intends to deny this proposal, the Commission should approve a motion to deny Conditional Use Permit Application No. CUP 18-06, Zone Architectural Design Review No. ADR 18-17 & Zone Variance No. ZV 19-01, and the Mitigated Negative Declaration and Mitigated Monitoring Project, stating that the finding(s) of the proposal does not satisfy with reasons based on the record, and direct staff to prepare a resolution for adoption at the next meeting that incorporates the If any Planning Commissioner or other interested party has any questions or comments regarding this matter prior to the March 24, 2020, hearing, please contact Senior Planner, Luis Torrico, at (626) 574-5442, or by email at ltorrico@ArcadiaCA.gov. Approved: Lisa L. Flores Planning & Community Development Administrator Attachment No. 1: Resolution No. 2050 Attachment No. 2: Aerial Photo and Zoning Information and Photos of the Subject Property Attachment No. 3: Architectural Plans Attachment No. 4: Draft Initial Study/MND, Response to Comments, and MMRP Attachment No. 1 Attachment No. 1 Resolution No. 2050 1 RESOLUTION NO. 2050 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 18-06, ARCHITECTURAL DESIGN REVIEW NO. ADR 18-17 & ZONE VARIANCE NO. ZV 19-01 WITH A MITIGATED NEGATIVE DECLARATION FOR A NEW HOTEL DEVELOPMENT WITH A HEIGHT VARIANCE LOCATED AT 125 W. HUNTINGTON DRIVE & 175 COLORADO PLACE WHEREAS, applications were filed by Pacific Design Group (“Applicant”), on behalf of the owner VG Property Investments LLC, for Conditional Use Permit No. CUP 18-06, Architectural Design Review No. ADR 18-17, and Zone Variance No. ZV 19-01 for a new hotel development that will consist of two freestanding structures: 1) The conversion of a three-story office building into a hotel; and 2) A new freestanding hotel tower with a height variance to allow the building at 64’-0” in height, at 125 West Huntington Drive and 175 West Colorado Place (the “Project”); and WHEREAS, on February 13, 2020, the Draft Initial Study/Mitigated Negative Declaration for the Project was circulated for public review and comment for 21 days from February 13, 2020 to March 5, 2020; 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 categories: Biological Resources, Cultural Resources, Noise, and Tribal Cultural Resources; and WHEREAS, on April 14, 2020, a duly noticed public hearing was held before the Planning Commission on said application, at which time all interested persons were given full opportunity to be heard and to present evidence. 2 NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, HEREBY RESOLVES AS FOLLOWS: SECTION 1. The factual data submitted by the Community Development Division in the staff report dated April 14, 2020 are true and correct. SECTION 2. This Commission finds that based upon the entire record, pursuant to Sections 9107.09.050 & 9107.25.050 of the Development Code, all of the following findings can be made: Conditional Use Permit 1. The proposed use is consistent with the General Plan and any applicable specific plan. FACT: Approval of the Project would be consistent with the General Plan Land Use Designation of Commercial with a Downtown Overlay. The designated land use allows a broad array of commercial enterprises which serve both neighborhood and citywide uses. The Project will convert an existing office building which has been vacant for several years and will complement the hotel currently under construction directly across the street. The Project will provide additional opportunities for those visiting the City of Arcadia, and will help to revitalize the Downtown area of Arcadia. In addition, the Project is a use permitted in the General Commercial (C-G) Zone subject to the approval of a Conditional Use Permit, will not adversely affect the comprehensive General Plan, and is consistent with the following General Plan goals and policies: 3 Land Use and Community Design 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-6.4: Encourage design approaches that create a cohesive, vibrant look and that minimize the appearance of expansive parking lots on major commercial corridors for new or redeveloped uses. 2. The proposed uses are allowed within the applicable zone, subject to the granting of a Conditional Use Permit, and complies with all other applicable provisions of the Development Code and the Municipal Code. FACT: The site is zoned General Commercial (C-G) with a Downtown Overlay Zone. Arcadia Development Code Section 9102.03.020, Table 2-8, allows hotels in the C- G zone subject to the review and approval of a Conditional Use Permit. The proposed Project complies will all the development standards of the C-G and Downtown Overlay Zones, with the exception of the maximum allowed height of 48 feet in the Downtown Overlay Zone. The proposed hotel tower will measure approximately 63’-10”, which will require approval of a Zone Variance by the Planning Commission. In addition, as required by the California Environmental Quality Act (CEQA), the Development Services Department prepared an Initial Study and Mitigated Negative Declaration (MND) for the proposed Project, which determined that the Project, with mitigation measures, will have less-than-significant impacts. Lastly, the Project complies with all other applicable provisions of the Development Code and the Municipal Code. 4 3. The design, location, size, and operating characteristics of the proposed activity will be compatible with the existing and future land uses in the vicinity. FACT: The Project will be constructed on a site that measures approximately 4.59 acres in lot area, located within the General Commercial (C-G) and Downtown Overlay Zones. The Site is bounded by single-family residential to the north, and by a mixture of commercial uses to the west, east and south, including a restaurant, office building, and a hotel and mixed-use development under construction to the south of the subject site. Therefore, the proposed hotel development will be compatible with the existing and future commercial uses in the vicinity. The Project will provide additional accommodation opportunities for people visiting Santa Anita Park, the City of Arcadia, and the region in general. Parking above the minimum Code requirement will be provided on the subject site for the proposed hotel development and existing medical office buildings on the subject site. Therefore, no parking impacts are expected. In addition, as part of the Project, and as required by the California Environmental Quality Act (CEQA), an Initial Study and Mitigated Negative Declaration (MND) was prepared for the Project and it concluded that with implemented mitigation measures, the Project will have less-than-significant impacts. Therefore, the development and operation of the Project will be compatible with the existing and future land uses in the vicinity. 4. The site is physically suitable in terms of: a. Its design, location, shape, size, and operating characteristics of the proposed use in order to accommodate the use, and all fences, landscaping, loading, parking, spaces, walls, yards, and other features required to adjust the use with the land and uses in the neighborhood; 5 FACT: The site measures approximately 4.59 acres and is developed with two (2) existing three-story medical office buildings, a parking structure, and a three-story office building. The subject site can physically support the existing and proposed Project. All the uses on the subject site will not exceed the Floor Area Ratio of 1.0 (proposed: 0.89). In addition, the sufficient parking for all the uses will be provided on site, and will result in 32 spaces above the minimum Code requirement. Lastly, the new hotel tower has been placed closer to Huntington Drive to provide a greater rear yard setback to be sensitive to the adjacent residential uses to the north. The minimum rear yard setback is 20 feet and the hotel will be provide an 80-foot rear yard setback. Therefore, the site is adequate in size to accommodate the existing uses and the proposed Project. b. Streets and highways adequate in width and pavement type to accommodate public and emergency vehicle (e.g., fire and medical) access; FACT: The site is located along Huntington Drive, which is designated and designed with the capacity to accommodate both public and emergency vehicles. The street is adequate in width and pavement type to carry the traffic that would be generated by the proposed hotel development, and to support emergency vehicle access. In addition, as part of the environmental review for the Project, a Traffic Impact Analysis was prepared. The analysis evaluated eight (8) intersections and six (6) street segments in the vicinity of the Project. The analysis concluded that the Project will not create significant traffic impacts at any of the studied intersections or street segments. Therefore, no traffic mitigation measures are required for the Project. c. Public protection services (e.g., fire protection, police protection, etc.); and 6 FACT: The Project will be constructed on an existing commercial site serviced by the Arcadia Fire and Police Departments. As part of the environmental review process, the Initial Study and Mitigated Negative Declaration (MND) determined that Fire and Police protection services would not be impacted. The need for new or altered Fire or Police services is usually associated with substantial population growth. The Project is not anticipated to cause substantial population growth; therefore, no impacts to public protection services are anticipated. d. The provision of utilities (e.g., potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.). FACT: The Project will be located on a site that is serviced by existing utilities. However, new utility connections, including connections for potable water and storm drainage, will be required for the Project. The Initial Study and Mitigated Negative Declaration (MND) prepared for the Project determined that no impacts to the provision of utilities would be created by the Project. 5. The measure of site suitability shall be required to ensure that the type, density, and intensity of use being proposed will not adversely affect the public convenience, health, interest, safety, or general welfare, constitute a nuisance, or be materially injurious to the improvements, persons, property, or uses in the vicinity and zone in which the property is located. FACT: The Project is not expected to be detrimental to the public health or welfare, or the surrounding properties. The Project will be compatible with the surrounding commercial uses in the general area. The Initial Study and Mitigated Negative Declaration (MND) prepared for the Project analyzed all the potential impacts and all the Project 7 impacts are less than significant or can be reduced to less than significant level with the implementation of the recommended mitigation measures. In addition, staff worked with the applicant on the design of the new hotel tower to locate it as close to possible to Huntington Drive and away from the adjacent residential properties to the north of the subject site, and limited the number of stories to no more than four (4) on the rear portion of the tower, which faces the residential properties. Therefore, no impacts to the uses in the vicinity and zone in which the property is located are anticipated. Zone Variance 6. There are special exceptional or extraordinary circumstances or conditions applicable to the subject property (e.g., location, shape, size, surroundings, topography, or other physical features) that do not apply generally to other properties in the vicinity under an identical zoning classification; FACT: The subject site is a wide U shape lot that is approximately 4.59 acres. The site is bounded by three public streets with frontages along San Rafael Road, W. Huntington Drive, and Colorado Place. The site is unique in that it is constrained on three sides by public rights-of-way and single-family residences to the north, thus limiting developable area or the ability to expand the site’s footprint while being sensitive to the neighbor’s privacy. The proposed Project is a boutique hotel that is expected to offer modern day amenities, including a rooftop dining area toward the street frontages to help activate the area. Due to the constrained location, it is not feasible for the Project to provide outdoor dining adjacent to the ground floor. Because this property is located within the Downtown Overlay, the intent is to provide opportunities for more intense, high quality development 8 areas. The Development Code encourages that no setbacks along the street frontage (W. Huntington Drive) for commercial properties within the General Commercial (CG) zone with a Downtown Overlay to building as close to the street to create a pleasant pedestrian experience with attractive business fronts. Consistent with the City’s Commercial Design Guidelines, the Project adheres to recommended site planning guidelines by locating building frontages at the front property line with the parking behind. In doing so, the hotel rooms had to be located above the ground floor commercial space. The site has no room to accommodate ground floor outdoor dining area without expanding the building footprint closer to the single-family residences. The height variance would only be applicable to the new building and the wing closest to the residences would only be four stories tall. Thus, the site’s constrained in size, location within the Downtown Overlay, and distance from sensitive uses are special circumstances applicable to the subject property that does not apply to the other properties in the same zone vicinity. 7. Strict compliance with Development Code requirements would deprive the subject property of privileges enjoyed by other property in the vicinity and under an identical zoning classification; FACT: The strict application of the provisions of the Arcadia Development Code will not allow this hotel to have the same number of stories as the other hotels in the City, while still complying with the requirement that the ground floor with commercial uses must be at least 12’-6” in height. The other hotels all have at least four stories of only hotel rooms (no ground floor commercial), and all of them have a height overlays vary between H5 (55’-0” to H8 (95’-0). By not allowing the hotel to have the same number of floors of hotel rooms and having to provide a ground floor commercial to meet the City’s vision for 9 the downtown area, which is to activate the streetscape, it would deprive the property owner of a privilege that the other owners have. The proposed height would create a balanced look with the approved hotel across the street. Therefore, the strict application would result in practical difficulties or unnecessary hardship inconsistent with the general purposes and intent of zoning regulations. 8. Granting the Variance would not: a. Constitute a grant of special privileges inconsistent with the limitations on other properties in the same vicinity and zone in which the subject property is situated; FACT: Approval of the Zone Variance would not constitute a grant of special privileges inconsistent with the limitation on other properties in the same vicinity and zone. In fact, having the ground floor commercial and taller building is more beneficial to the Downtown area than a four-story hotel with no commercial spaces. Having the combination of both will be consistent with the Le Meridien hotel and mixed use development that was approved across the street on W. Huntington Drive. The proposed hotel, with the height variance, will be lower in height than the Le Meridien hotel that was approved at 80 feet in height. Although the sites are different, the additional height will not create a special privilege that other hotels do not have. In fact, if the Variance is not approved, it would deprive the owner of a privilege from trying to comply with the City’s requirements and meeting the intent of the General Plan land use goals and policies for this area. b. Be materially detrimental to the public health or general welfare or injurious to the property or improvements in the vicinity or zone in which the property is located; or 10 FACT: Allowing the Project to have the same number of floors of hotel rooms as the other five hotels in the City (Hampton Inn, Hilton Garden Inn, Marriott, Embassy Suites, and Le Meridien) will not be materially detrimental to the public welfare. The proposed Project will be compatible with the surrounding uses and complements the new Le Meridien hotel that is under construction across the street. All of the other hotels are taller than what would be allowed under the Downtown Overlay. As such, the variance to allow a taller building will not be materially detrimental to the public welfare. c. Adversely affect the General Plan; FACT: Granting the Variance would not adversely affect the General Plan. The subject site has land use designation of Commercial with a Downtown Overlay, which would support the proposed Project. In addition, the development would comply with the Floor Area Ratio of 1.0 as required by the Downtown Overlay land use designation. Therefore, the Project would comply with the General Plan and is consistent with the following General Plan goals and policies: Land Use and Community Design 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-6.4: Encourage design approaches that create a cohesive, vibrant look and that minimize the appearance of expansive parking lots on major commercial corridors for new or redeveloped uses. 9. The requested Variance would not allow a use or activity that is not otherwise expressly authorized by the regulations governing the subject parcel; 11 FACT: The subject site is located within the General Commercial (C-G) and Downtown Overlay Zones, which allows hotels subject to the approval of a Conditional Use Permit. In addition, the General Plan Land Use Designation is Commercial with a Downtown Overlay, which allows a wide range of uses that serve neighborhood and citywide markets. Therefore, approval of the height variance to one of the two buildings would not allow a use or activity that is not otherwise expressly authorized by the regulations governing the subject parcel. 10. That the findings in this Resolution are based upon the information and evidence set forth in the IS/MND and upon other substantial evidence that been presented at the hearing and the Project record. The documents, staff report, technical studies, appendices, plans and other materials that constitute the Project record on which this Resolution is based are on file for public examination, and each of those documents is incorporated herein by reference. SECTION 3. For the foregoing reasons the Planning Commission approves Conditional Use Permit No. CUP 18-06, Architectural Design Review No. ADR 18-17, and Zone Variance No. ZV 19-01, and adopts the Initial Study/Mitigated Negative Declaration and Mitigated Monitoring and Reporting Program under the California Environmental Quality Act (CEQA). 12 SECTION 4. The Secretary shall certify to the adoption of this Resolution. Passed, approved and adopted this 14th day of April, 2020. ______________________ Deborah Lewis Chair, Planning Commission ATTEST: ______________________ Lisa L. Flores Secretary APPROVED AS TO FORM: ______________________ Stephen P. Deitsch City Attorney 13 Intentionally Left Blank 14 RESOLUTION NO. 2050 Conditions of Approval For reference, the hotel is referenced by its individual buildings throughout the conditions of approval: Building C: Existing three-story office building. Building D: New four to five-story building. 1. The project shall be developed and maintained by the Owner/Applicant in a manner that is consistent with the plans submitted and conditionally approved for CUP 18-06, ADR 18-17 & ZV 19-01, subject to the satisfaction of the Planning & Community Development Administrator or designee. 2. A declaration of covenants, conditions and restrictions ("CC&Rs) providing for a reciprocal parking and access to all the uses on this property shall be prepared by the Applicant/Owner and recorded against this property prior in the Office of the Los Angeles County Recorder's Office prior to issuance of a building permit. Prior to their recordation, the Applicant/Owner shall submit the CC&R's to the City for review and approval by the City, and shall obtain the City Attorney's approval thereof. For this purpose, the Applicant/Owner shall submit to the City with the proposed CC&Rs a deposit of $2,500 for purposes of such review, of which any funds remaining after review of the CC&Rs by the City shall be returned to the Applicant/Owner. 3. The Owner/Applicant shall submit a haul route map and staging plan to Planning Services prior to issuance of a grading permit. 4. The Owner/Applicant shall be responsible for the repair of all damage to public improvements in the public right-of-way resulting from construction related activities, including, but not limited to, the movement and/or delivery of equipment, materials, and soils to and/or from the site. 5. Prior to submitting plans into Building Services for plan-check, the property owner must provide a copy of the title report or grant deed that the property is one legal lot. No permits, including a grading permit, shall be issued until this has been verified by the Planning & Community Development Administrator, or designee. Building 6. The plans submitted for Building plan check shall comply with the latest adopted edition of the following codes as applicable: a. California Building Code b. California Electrical Code 15 c. California Mechanical Code d. California Plumbing Code e. California Energy Code f. California Fire Code g. California Green Building Standards Code h. California Existing Building Code i. Arcadia Municipal Code 7. Grading plans shall be submitted to the City of Arcadia Building Department. The grading plans shall indicate all site improvements, and shall indicate complete drainage paths of all drainage water run-off. Engineering 8. The Owner/Applicant shall remove and replace existing curb, gutter, and sidewalk along Colorado Place and San Rafael Road. 9. The Owner/Applicant shall coordinate with Public Works Services on replacement and/or protection of street trees. 10. The Owner/Applicant shall remove and replace driveway approach with ADA andard (City Standard plan 801-1) and obtain the necessary permits from Engineering Services. Fire 11. Buildings shall be fully fire sprinklered per the City of Arcadia Fire Department Commercial Sprinkler Standard. All sprinkler heads in Building C (three-story building) shall be replaced. Common areas shall have quick response type heads. 12. Class I standpipes shall be provided on all floors inside stairwells and shall extend to the roof. 13. The fire sprinkler system shall be monitored by a UL listed central station. Notification appliances shall be provided in all common areas. Visual appliances will be provided in any units classified as being accessible. 14. Knox boxes shall be provided for the Lobbies and for exterior doors into stairwells. Stairwell doors shall be keyed to provide for exterior emergency access. 15. Minimum 2A:10BC fire extinguishers shall be provided in all common areas. Maximum travel distance shall be 75 feet. 16 16. An emergency radio responder system shall be provided for both buildings in compliance with CFC 510. 17. At least one EMS elevator shall be provided for the Building D. 18. Elevator recall shall be required for any existing elevators in Building C. 19. At least one stairwell shall extend to the roof in Building D. 20. All on-site fire lanes shall be marked with signage and/or red curbing. 21. The minimum required fire flow for Building C shall be 1,000 gpm at 20 psi. The minimum required fire flow for Building D shall be 1,300 gpm at 20 psi. 22. A new public hydrant shall be provided on Huntington Drive at an approved location. 23. Two on-site fire hydrants shall be provided on the north side of the property at approved locations. Public Works 24. The Owner/Applicant shall provide calculations to determine the maximum commercial domestic demand and maximum fire demand in order to verify the required water service size required. 25. The Owner/Applicant shall provide separate water services and meters for each separate structure and for irrigation. A reduced pressure backflow device shall be installed for each service. 26. Fire protection requirements shall be as stipulated by the Arcadia Fire Department and shall be conformed to Arcadia Standard Plan. A separate fire service with Double Check Detector Assembly (DCDA) shall be installed for each fire service required. 27. A Water Meter Permit Application shall be submitted to the Public Works Services Department prior to final plan check approval. 28. New water service installations shall be by the Developer. Installation 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. 29. The Owner/Applicant shall submit sewer improvements plans. 30. The Owner/Applicant shall submit sewer area study. Study shall include: 17 a. Existing peak flow rates in City sewers. b. Peak flow rates in City sewers after project completion. c. Peak flow rates generated by the current office building at 125 W. Huntington Dr. d. Peak flow rates generated by the project at each point of connection to the City sewer system. 31. The Owner/Applicant shall protect all existing trees located in the parkway of San Rafael Road. 32. The Owner/Applicant shall comply with the General Construction NPDES Permit. Submit a Notice of Intent (NOI) and pay applicable fees to the State Water Resources Control Board application and fee can be found at this link: http://www.waterboards.ca.gov/water_issues/programs/stormwater/construction. html 33. The Owner/Applicant shall prepare a Storm Water Pollution Prevention Plan (SWPPP) as part of the General Construction Permit requirements. 34. The Owner/Applicant shall obtain a Waste Discharge Identification (WDID) number from the State. The City will not approve any grading plans unless a WDID number has been issued. 35. Proposed project is subject to LID requirements. These requirements include using infiltration trenches, bioretention planter boxes, roof drains connected to a landscaped area, pervious concrete/paver, etc. 36. The proposed project is subject to Industrial Waste requirements. Submit two (2) sets of plumbing plans. Grease Interceptor is required for restaurants. 37. The trash enclosure shall comply with the following: a. - b. Provide a minimum roof clearance to allow the bin lids to open completely. c. Need to accommodate recycling bins and organics recycling bins. d. Provide a minimum of one (1) foot clearance around the trash bin/recycling bin. 38. The Owner/Applicant shall reconfigure trash/recycling area to provide easy access for the trash truck. 39. The Owner/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 18 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/or land use decision and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officials, officers, employees, and agents in the defense of the matter. 40. Approval of CUP 18-06, ADR 18-17 & ZV 19-01 shall not be in effect unless the Property Owner and Applicant have executed and filed the Acceptance Form with the City on or before 30 calendar days after the Planning Commission has adopted the Resolution. The Acceptance Form to the Development Services Department is to indicate awareness and acceptance of the conditions of approval. Mitigation Measures as Conditions of Approval The following conditions are found in the Mitigation Monitoring and Reporting Program (MMRP). They are recorded here to facilitate review and implementation. More information on the timing and responsible parties for these mitigation measures is detailed in the MMRP. 41. Biological Resources MM-BIO-1: Commencement of construction activities shall avoid the February 1 through August 31 bird nesting season to the greatest extent feasible. If construction activities begin within this nesting season, a survey for nesting birds shall be conducted by a qualified biologist within 7 days of the commencement of construction activities, but not prior to this 7-day window. The area surveyed shall include all clearing/construction areas, as well as areas within 100 feet of the boundaries of these areas, or as otherwise determined by the biologist. If no active bird nests are identified on, or within 100 feet of the limits of the proposed disturbance area, no further action is necessary and construction activities could commence. For any off-site areas that are inaccessible, the qualified biologists may survey the off-site area with binoculars to capture the full 100-foot survey area. If active nests are found during pre-construction surveys or at any time throughout the course of construction activities during the nesting bird season, all clearing/construction activities within a minimum of 100 feet of the nest shall be postponed until a wildlife biologist has identified the nesting species. If the bird species is not protected under the MBTA and/or the California Fish and Game Code, no further action is required and construction activities may proceed. If the avian species is protected under the MBTA and/or the California Fish and Game Code, a minimum buffer zone shall be established by the qualified biologist based on the type of bird/raptor species identified and the construction buffer shall 19 be established on site through the erection of cones/flagging/fencing to clearly delineate the protection zone. All construction activities shall avoid this protection zone until a qualified biologist has confirmed that the nest(s) is no longer active and the nest is vacated, and there is no evidence of second nesting attempts. Upon completion of any site survey for nesting birds conducted by a qualified biologist, documentation of the survey activity, findings, and any resulting actions taken shall be prepared and submitted to the City. 42. Cultural Resources MM-CUL-1: In the event that archaeological resources are unearthed during ground- disturbing activities, the construction contractor shall immediately cease all earth- disturbing activities within 100 feet of the discovery Professional Qualification Standards. Construction activities may continue in other areas outside of the designated protection zone, which shall be delineated with cones, flagging, or fencing. The archaeologist shall evaluate the significance Resou 15064.5(a) of the State CEQA Guidelines. If the archaeological find is determined to be a resource, the archaeologist shall formulate a Mitigation Plan in consultation with the City of Arcadia that satisfies the requirements of the above-listed Code Sections. Upon approval of the Mitigation Plan by the City, the Project shall be implemented in compliance with the Plan. If the Archaeologist determines that the resource is not significant, s/he shall record the evaluation and submit the recordation form to the California Historical Resources Information System (CHRIS) at the South Central Coastal Information Center (SCCIC). The archaeologist shall prepare a report of the results of any study prepared as part of a testing or Mitigation Plan, following accepted professional practice. The report shall follow guidelines of the California Office of Historic Preservation although format will be dependent on the nature of the archaeological investigation required. Copies of the report shall be submitted to the City and to the CHRIS at the SCCIC. 43. Geology and Soils MM-GEO-1: Prior to commencement of any grading activity on-site, the Applicant shall retain a qualified paleontologist per the Society of Vertebrate Paleontology (SVP) (2010) guidelines. The paleontologist shall prepare a Paleontological Resources Impact Mitigation Program (PRIMP) for the project. The PRIMP shall be consistent with the SVP (2010) guidelines and should outline requirements for preconstruction meeting attendance and worker environmental awareness training, where monitoring is required within the project area based on construction plans and/or geotechnical reports, procedures for adequate paleontological monitoring and discoveries treatment, and 20 paleontological methods (including sediment sampling for microvertebrate fossils), reporting, and collections management. The qualified paleontologist shall attend the preconstruction meeting and a paleontological monitor shall be on-site during all rough grading and other significant ground-disturbing activities in previously undisturbed, fine-grained older Quaternary alluvial fan deposits. These deposits may be encountered at depths as shallow as 5-10 feet below ground surface. In the event that paleontological resources (e.g., fossils) are unearthed during grading, the paleontological monitor will temporarily halt and/or divert grading activity to allow recovery of paleontological resources. The area of discovery will be roped off with a 50-foot radius buffer. Once documentation and collection of the find is completed, the monitor will remove the rope and allow grading to recommence in the area of the find. 44. Noise MM-NOI-1: Prior to the issuance of a grading permit, the Project Applicant shall provide a Construction Noise Control Plan (CNCP) to the City for review and approval. The CNCP shall include best management practices to reduce short- term construction noise. Enforcement of the CNCP shall be accomplished by field inspections during construction activities and/or documentation of compliance, to ervices Department. Recommended best management practices may include, but not be limited to, the following: a. All construction equipment, fixed or mobile, shall be equipped with properly specifications and standards. b. Construction noise reduction methods such as shutting off idling equipment, maximizing the distance between construction equipment staging areas and adjacent residences, and use of electric air compressors and similar power tools, rather than diesel equipment, should be used where feasible. c. Stationary equipment should be placed as far away from the adjacent residential property boundary as feasible and positioned such that emitted noise is directed away from or shielded from sensitive receptors. Acoustically attenuating shields, shrouds, or enclosures may be placed over stationary equipment. d. 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. e. Construction hours, allowable workdays, and the phone number of the job superintendent should be clearly posted at all construction entrances to allow surrounding property owners to contact the job superintendent, if necessary. In the event the City receives a complaint, appropriate corrective actions should be implemented and a report of the action provided to the 45. Noise MM-NOI-2: The Project Applicant shall retain an acoustical specialist to level plans to ensure that the equipment 21 specifications and plans for HVAC and emergency backup generator incorporate features to ensure that operational noise will not exceed relevant noise standards at nearby noise-sensitive land uses (e.g., residential). Such features could include, but not be limited to, the specification of quieter equipment, relocation of facilities to be of further distance from residential homes, and/or the provision of acoustical enclosures. The acoustical specialist shall certify in writing to the City that the equipment specifications an limits. 46. Tribal Cultural Resources MM-TCR-1: Prior to commencement of construction activities for the Project, a regionally appropriate Native American monitor/consultant shall be retained to monitor ground disturbing activities. Notification to the tribes will be provided 30 days prior to issuance of a grading permit or any ground disturbance activities. If a tentative date is not set by the Tribe, the City has the ability to have another qualified monitor complete this task and submit the final logs to the tribe after all ground disturbance activities have been completed. The Native American monitor/consultant will only be present on site during the construction phases that involve ground disturbing activities within the areas of Building D, the associated swimming pool, and paved areas within the Project site. The frequency and duration of monitoring shall be based on observations made by the Native American monitor(s) in coordination with the City. The on-site monitoring shall end when the ground disturbance activities at these specific locations are completed. The Native American Monitor/consultant shall complete daily monitoring logs that will include descriptions of daily construction activities, location of activities, soil, and any identified cultural materials or potential tribal cultural resources (TCRs).Should a possible TCR be encountered, construction activities within 50 feet of the discovery shall be temporarily halted and the City notified. The City will notify Native American tribes that have been identified by the NAHC to be traditionally and culturally affiliated with the geographic area of the Project. If the potential resource is archaeological in nature, appropriate management requirements shall be implemented as outlined in MM-CUL-1. If the City determines that the potential resource is a TCR (as defined by PRC, Section 21074), tribes consulting under AB 52 would be provided a reasonable period of time, typically 5 days from the date of a new discovery is made, to conduct a site visit and make recommendations regarding future ground disturbance activities as well as the treatment of any discovered TCRs. A qualified archaeologist shall implement a plan for the treatment and disposition of any discovered TCRs based on the nature of the resource and considering the recommendations of the tribe(s). Implementation of proposed recommendations will be made based on the determination of the City that the approach is reasonable and feasible. Attachment No. 2 Attachment No. 2 Aerial Photo with Zoning Information & Photos of the Subject Property Overlays Selected parcel highlighted Parcel location within City of Arcadia N/A Property Owner(s): Lot Area (sq ft): Year Built: Main Structure / Unit (sq. ft.): C-G Number of Units: C 1.0 Property Characteristics 1979 7,800 0 VG PROPERTY INVESTMENTS LLC C/O MIKE SOO Site Address: Parcel Number: 5775-015-024 N/A Zoning: General Plan: N/A Downtown Overlay: Downtown Parking Overlay: Architectural Design Overlay:N/A Yes N/A N/A Residential Flex Overlay: N/A N/A N/A N/A Special Height Overlay: Yes 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 23-Mar-2020 Page 1 of 1 Overlays Selected parcel highlighted Parcel location within City of Arcadia N/A Property Owner(s): Lot Area (sq ft): Year Built: Main Structure / Unit (sq. ft.): C-G Number of Units: C 1.0 Property Characteristics 1979 25,000 0 VG PROPERTY INVESTMENTS LLC C/O MIKE SOO Site Address:125 W HUNTINGTON DR Parcel Number: 5775-015-028 N/A Zoning: General Plan: N/A Downtown Overlay: Downtown Parking Overlay: Architectural Design Overlay:N/A Yes N/A N/A Residential Flex Overlay: N/A N/A N/A N/A Special Height Overlay: Yes 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 23-Mar-2020 Page 1 of 1 Overlays Selected parcel highlighted Parcel location within City of Arcadia N/A Property Owner(s): Lot Area (sq ft): Year Built: Main Structure / Unit (sq. ft.): C-G Number of Units: C 1.0 Property Characteristics 1979 31,000 0 VG PROPERTY INVESTMENTS LLC C/O MIKE SOO Site Address:125 W HUNTINGTON DR Parcel Number: 5775-015-029 N/A Zoning: General Plan: N/A Downtown Overlay: Downtown Parking Overlay: Architectural Design Overlay:N/A Yes N/A N/A Residential Flex Overlay: N/A N/A N/A N/A Special Height Overlay: Yes 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 23-Mar-2020 Page 1 of 1 Overlays Selected parcel highlighted Parcel location within City of Arcadia N/A Property Owner(s): Lot Area (sq ft): Year Built: Main Structure / Unit (sq. ft.): C-G Number of Units: C 1.0 Property Characteristics 2015 19,835 0 VG PROPERTY INVESTMENTS LLC C/O MIKE Y SOO Site Address:125 W HUNTINGTON DR Parcel Number: 5775-015-027 N/A Zoning: General Plan: N/A Downtown Overlay: Downtown Parking Overlay: Architectural Design Overlay:N/A Yes N/A N/A Residential Flex Overlay: N/A N/A N/A N/A Special Height Overlay: Yes 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 23-Mar-2020 Page 1 of 1 Rear of Site - East Rear of Site - Southeast Rear of Site - Southwest Rear of Site - Northeast Colorado Place - Southeast Colorado Place - Northwest Rear of Site - Northeast Rear of Site - Northeast Rear of Site - North Colorado Place - West Colorado Place - East Colorado Place/Huntington Drive - West Attachment No. 3 Attachment No. 3 Architectural Plans H S S E L E C T . S H S S E L E C T .SLOADINGLOADINGLOADINGFUTUREVEHICLECHARGING FUTUREVEHICLECHARGING FUTUREVEHICLECHARGING FUTUREVEHICLECHARGING FUTUREVEHICLECHARGING FUTUREVEHICLECHARGING FUTUREVEHICLECHARGING FUTUREVEHICLECHARGING FUTUREVEHICLECHARGING FUTUREVEHICLECHARGING FUTUREVEHICLECHARGING FUTUREVEHICLECHARGING FUTUREVEHICLECHARGING FUTUREVEHICLECHARGING FUTUREVEHICLECHARGINGSTOPSTOP STOPSTOPLOADING NO PARKINGFUTUREVEHICLECHARGING EX. BUILDING (476.60) FF 475.08 FF NEW BUILDING #5 476.50 FF476.50 FF GRADING CONSTRUCTION NOTES C:\PROJECTWISE\WORKINGDIR\LCISVRAD3.LCI.LOCAL_LIN-PROJECTWISE\LCI_VICKYM\DMS69631\P9716 - 01 - CP_GRADING AND DRAINAGE PLAN_SHEET C-1.DWGXREFS INCLUDED: P9716_Com_Temp_Topo [..\dms69632\P9716_Com_Temp_Topo.dwg] P9716 - XR-1819-xSite [..\dms69632\P9716 - XR-1819-xSite.dwg.dwg] P9716-XR-Ph-util [..\dms69632\P9716-XR-Ph-util.dwg] P9716 - XR-1819-x4Flor1_Shell [..\dms69632\P9716 - XR-1819-x4Flor1_Shell.dwg.dwg] P9716 - XR-1819-x5Flor1_Shell [..\dms69632\P9716 - XR-1819-x5Flor1_Shell.dwg.dwg] P9716 - XR-1819-x5Flor1 [..\dms69632\P9716 - XR-1819-x5Flor1.dwg.dwg] P9716-XR-Utility Map_125 Huntington Dr [..\dms69632\P9716-XR-Utility Map_125 Huntington Dr.dwg] P9716 - XR- XLA-BASE_Coor_190621 [..\dms69632\P9716 - XR- XLA-BASE_Coor_190621.dwg] P9716-XR-Civil [..\dms69632\P9716-XR-Civil.dwg] P9716 - XR-1819-xBDR [..\dms69632\P9716 - XR-1819-xBDR.dwg], , , , , , , ,PLOTTED:Layout:August 16, 2019cad file: drawing no: plot date: job#: P9716 - 01 - CP_Grading and Drainage Plan_Sheet C-1.dwg Aug 16, 2019issue date:Aug 16, 2019 drawn by:PROJECT:SHEET TITLE:CORPORATE HEADQUARTERS150 EL CAMINO REAL, 112TUSTIN, CA 92780714-832-5100DENVER METRO OFFICE16710 E. PRENTICE CIR.CENTENNIAL, CO 80015714-458-5930Architecturewww.pdg-arch.comInteriorsPlanningHOTEL AND ANNEX BUILDINGSVG PROPERTY INVESTMETNS, LLC125 W. HUNTINGTON DRIVE - BLDGS C & DARCADIA, CA 910061524SOO BIG "D" C-1.0 VJ C:\PROJECTWISE\WORKINGDIR\LCISVRAD3.LCI.LOCAL_LIN-PROJECTWISE\LCI_VICKYM\DMS69631\P9611- 02 - CP GRADING AND DRAINAGE PLAN_SHEET C-2_SECTION.DWGXREFS INCLUDED: P9716 - XR-1819-xSite [..\dms69632\P9716 - XR-1819-xSite.dwg.dwg] P9716-XR-Utility Map_125 Huntington Dr [..\dms69632\P9716-XR-Utility Map_125 Huntington Dr.dwg] P9716-XR-Ph-util [..\dms69632\P9716-XR-Ph-util.dwg] P9716 - XR-1819-x4Flor1_Shell [..\dms69632\P9716 - XR-1819-x4Flor1_Shell.dwg.dwg] P9716 - XR-1819-x5Flor1_Shell [..\dms69632\P9716 - XR-1819-x5Flor1_Shell.dwg.dwg] P9716 - XR- XLA-BASE_Coor_190621 [..\dms69632\P9716 - XR- XLA-BASE_Coor_190621.dwg] P9716 - XR-1819-xBDR [..\dms69632\P9716 - XR-1819-xBDR.dwg] P9716-XR-Civil [..\dms69632\P9716-XR-Civil.dwg] P9716 - XR-Com_Temp_Topo [..\dms69632\P9716_Com_Temp_Topo.dwg], , , , , , , ,PLOTTED: Layout:August 16, 2019DRAWING FILE:cad file: drawing no: plot date: job#: P9611- 02 - CP Grading and Drainage Plan_Sheet C-2_Section.dwg Aug 16, 2019issue date: Aug 16, 2019 drawn by:PROJECT:SHEET TITLE:CORPORATE HEADQUARTERS150 EL CAMINO REAL, 112TUSTIN, CA 92780714-832-5100DENVER METRO OFFICE16710 E. PRENTICE CIR.CENTENNIAL, CO 80015714-458-5930Architecturewww.pdg-arch.comInteriorsPlanningHOTEL AND ANNEX BUILDINGSVG PROPERTY INVESTMETNS, LLC125 W. HUNTINGTON DRIVE - BLDGS C & DARCADIA, CA 910061524SOO BIG "D" C-2.0 SECTION BC-2 SECTION AC-2 BIOFILTRATION DETAIL 1C-2 VJ ARCADIA PLANNING COMMISSION REGULAR MEETING MINUTES TUESDAY, FEBRUARY 25, 2020 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 Lewis called the meeting to order at 7:00 p.m. in the Council Chamber. PLEDGE OF ALLEGIANCE ROLL CALL PRESENT: Chair Lewis, Vice Chair Wilander, Chan, Lin, and Thompson ABSENT: None SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS Planning & Community Development Administrator Lisa Flores distributed one (1) letter in support to Agenda Item No. 1. PUBLIC COMMENTS (5 minute time limit per person) There were none. PUBLIC HEARING 1. Resolution No. 2048 - Approving Tentative Tract Map No. TTM 19-07 (82907) and Multiple Family Architectural Design Review No. MFADR 19-03 with a Categorical Exemption under the California Environmental Quality Act (“CEQA”) for an eight unit multi-family residential condominium development at 1111 and 1117 La Cadena Avenue Recommendation: Adopt Resolution No. 2048 Applicant: Philip Chan of PDS Studio, Inc. Chair Lewis introduced the item and turned it over to Associate Planner Vanessa Quiroz to present the staff report. Chair Lewis opened the public hearing and asked if the Applicant would like to speak on the item. Applicant Philip Chan responded. Chair Lewis asked if there was anyone who would like to speak in favor of the proposal. There were none. Chair Lewis asked if there was anyone who would like to speak in opposition of the proposal. Joori Lee, 509 W. Duarte Road, Unit 7: Ms. Lee spoke in opposition to the project. Her property is located to the south of the subject property and she expressed concerns related to privacy and that the development would obstruct her view. 2 2-25-20 Mr. Chan responded to Ms. Lee and agreed to modify the landscape plan accordingly to incorporate more trees and foliage. Chair Lewis asked if there was anyone else who would like to speak in opposition of the proposal. There were none. MOTION- PUBLIC HEARING It was moved by Commissioner Chan, seconded by Commissioner Lin to close the public hearing. Without objection, the motion was approved. DISCUSSION The Commission was in favor of the project and they were satisfied that the design features emergency lighting and garage dimensions that exceed the minimum required per Code. And they also appreciated Mr. Chan’s willingness to work with Ms. Lee. They provided formal direction to Mr. Chan to incorporate more trees and foliage into the landscape plan. Commissioner Lin stated that he appreciates that Mr. Chan has taken the Commission’s past comments into consideration and applied them to current projects. And his willingness to work with Mrs. Lee was noted. More trees would be an improvement, aesthetically. Chair Lewis agreed with the other Commissioners and also complimented Mr. Chan on the design of the project. And she hopes Mr. Chan will work with staff to soften concrete appearance on the side, which will improve the appearance as well as offer added privacy. MOTION It was moved by Chair Lewis, seconded by Commissioner Chan to adopt Resolution No. 2048, approving Tentative Tract Map No. TTM 19-07 (82907) and Multiple Family Architectural Design Review No. MFADR 19-03 with a Categorical Exemption under the California Environmental Quality Act (“CEQA”) for an eight-unit multi-family residential condominium development at 1111 and 1117 La Cadena Avenue ROLL CALL AYES: Chair Lewis, Vice Chair Wilander, Chan, Lin, and Thompson NOES: None ABSENT: None There is a ten day appeal period after the adoption of the Resolution. If adopted, appeals are to be filed by 4:30 p.m. on Friday, March 6, 2020. CONSENT CALENDAR 2. Minutes of the February 11, 2020 Regular Meeting of the Planning Commission Recommendation: Approve It was moved by Commissioner Chan, seconded by Vice Chair Wilander to approve the minutes of the February 11, 2020 Planning Commission Regular Meeting. 3 2-25-20 ROLL CALL AYES: Chair Lewis, Vice Chair Wilander, Chan, Lin, and Thompson NOES: None ABSENT: None MATTERS FROM CITY COUNCIL LIAISON Council Liaison Chandler was not present. MATTERS FROM THE PLANNING COMMISSONERS Commissioner Wilander informed the Commission that next week she would be attending the Planning Commissioners Academy. She is looking forward to visiting Sacramento and meeting Planning Commissioners from other cities. MATTERS FROM ASSISTANT CITY ATTORNEY Mr. Maurer was not present. MATTERS FROM STAFF INCLUDING UPCOMING AGENDA ITEMS Ms. Flores announced that Development Code Policy 20-01 will be heard at the Tuesday, March 3, 2020 City Council meeting. There are no items scheduled for the March 10 meeting, so it will be cancelled. The Indigo Hotel proposal is scheduled for the March 24, 2020 Planning Commission meeting and there are several other major items which will be scheduled shortly thereafter such as an assisted living facility proposal at the site currently occupied by Coco’s Restaurant, and a mixed use project in the Downtown area known as the Huntington Plaza Project. ADJOURNMENT The Planning Commission adjourned the meeting at 7:22 p.m. to Tuesday, March 24, 2020 in the City Council Chamber at 240 W. Huntington Dr., Arcadia. Deborah Lewis Chair, Planning Commission ATTEST: Lisa Flores Secretary, Planning Commission