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HomeMy WebLinkAbout2050RESOLUTION 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. 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: `A 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. 3 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; 4 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 5 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 2 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 7 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 0 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; 10 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). 11 SECTION 4. The Secretary shall certify to the adoption of this Resolution. Passed, approved and adopted this 14'" day of April, 2020. ATTEST: Lisa L. Flores Secretary APPROVED AS TO FORM: Stephen P. Deitsch City Attorney 12 ueooran Lewis Chair, Planning Commission STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) §: CITY OF ARCADIA ) I, Lisa Flores, Secretary of the Planning Commission of the City of Arcadia, hereby certify that the foregoing Resolution No. 2050 was passed and adopted by the Planning Commission of the City of Arcadia, signed by the Chair and attested to by the Secretary at a regular meeting of said Planning Commission held on the 14th day of April, 2020 and that said Resolution was adopted by the following vote, to wit: AYES: Chan, Lin, and Thompson, Vice Chair Wilander, Chair Lewis NOES: None ABSENT: None 0,411 Lisa L. Flores Secretary of the Planning Commission 13 RESOLUTION NO. 2050 Conditions of Approval 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. The Owner/Applicant shall submit a haul route map and staging plan to Planning Services prior to issuance of a grading permit. 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. 4. 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 5. 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 g. California Green Building Standards Code h. California Existing Building Code i. Arcadia Municipal Code 6. 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 The Owner/Applicant shall remove and replace existing curb, gutter, and sidewalk along Colorado Place and San Rafael Road. 14 8. The Owner/Applicant shall coordinate with Public Works Services on replacement and/or protection of street trees. 9. The Owner/Applicant shall remove and replace driveway approach with ADA access on San Rafael Road per the City's standard (City Standard plan 801-1) and obtain the necessary permits from Engineering Services. Fire 10. Both hotel buildings shall be fully fire sprinklered per the City of Arcadia Fire Department Commercial Sprinkler Standard. Building C is the existing three-story building, and Building D is the new four to five -story building. All sprinkler heads in Building C shall be replaced. Common areas shall have quick response type heads. 11. Class I standpipes shall be provided on all floors inside stairwells and shall extend to the roof. 12.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. 13. 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. 14.Minimum 2A:10BC fire extinguishers shall be provided in all common areas. Maximum travel distance shall be 75 feet. 15.An emergency radio responder system shall be provided for both buildings in compliance with CFC 510. 16.At least one EMS elevator shall be provided for the Building D. Building C is the existing three-story building, and Building D is the new four to five -story building. 17. Elevator recall shall be required for any existing elevators in Building C. Building C is the existing three-story building, and Building D is the new four to five -story building. 18. At least one stairwell shall extend to the roof in Building D. Building C is the existing three-story building, and Building D is the new four to five -story building. 19. All on-site fire lanes shall be marked with signage and/or red curbing. 20.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. Building C is the existing three-story building, and Building D is the new four to five -story building. 15 21.A new public hydrant shall be provided on Huntington Drive at an approved location. 22.Two on-site fire hydrants shall be provided on the north side of the property at approved locations. Public Works 23.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. 24. 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. 25. 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. 26. A Water Meter Permit Application shall be submitted to the Public Works Services Department prior to final plan check approval. 27. 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. 28. The Owner/Applicant shall submit sewer improvements plans. 29. The Owner/Applicant shall submit sewer area study. Study shall include: 30. Existing peak flow rates in City sewers. 31. Peak flow rates in City sewers after project completion. 32. Peak flow rates generated by the current office building at 125 W. Huntington Dr. 33. Peak flow rates generated by the project at each point of connection to the City sewer system. 34. The Owner/Applicant shall protect all existing trees located in the parkway of San Rafael Road. 16 35. 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 36.The Owner/Applicant shall prepare a Storm Water Pollution Prevention Plan (SWPPP) as part of the General Construction Permit requirements. 37.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. 38. 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. 39. The proposed project is subject to Industrial Waste requirements. Submit two (2) sets of plumbing plans. Grease Interceptor is required for restaurants. 40. The trash enclosure shall comply with the following: 41. Provide a minimum of 9'-7" space for each 3 yard bin. 42. Provide a minimum roof clearance to allow the bin lids to open completely. 43. Need to accommodate recycling bins and organics recycling bins. 44. Provide a minimum of one (1) foot clearance around the trash bin/recycling bin. 45. The Owner/Applicant shall reconfigure trash/recycling area to provide easy access for the trash truck. 46.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, 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. 17 47. 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 48.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. 49. Biological Resources — MM -13I0-1: 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 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. 50. 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 18 and shall retain a qualified archaeologist that meets the Secretary of the Interior's 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 find and determine whether the resource uncovered is a "Tribal Cultural Resources" pursuant to Section 21074 of the California Public Resources Code, or a "unique archaeological resource" pursuant to Section 21083.2(g) of the California Public Resources Code or a "historical resource" pursuant to Section 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. 51. Geology and Solis — 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 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. 19 52. 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 the satisfaction of the City'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 operating and maintained mufflers consistent with the manufacturers' 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 reporting party City's Development Services Department. 53. Noise — MM-NOI-2: The Project Applicant shall retain an acoustical specialist to review the Project's construction -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, 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 and plans will achieve the City's relevant noise limits. 20 54. 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. 21 Rachelle Arellano From: Stephen Deitsch <Stephen.Deitsch@bbklaw.com> Sent: Tuesday, March 24, 2020 3:55 PM To: Rachelle Arellano Subject: RE: Updated Resolutions for April 14, 2020 PC Meeting Thanks Rachelle. Planning Commission Resolutions 2049 and 2050 look fine. I approve them as to form, and you may affix my signature stamp to them. Thanks. Steve �& Stephen Deitsch IsPartner 01.l J" 1�(1 stephen.deitsch@bbklaw.com 7:(909)483-6642 C (951)662-9343 REST BEST R RRIECER6 ATTORNR\'1 Al LAW WWW.BBKlaw.com ® 9,-' Stay at home and public health orders issued in multiple counties in California require our offices to be physically closed, effective March 17, 2020. Because all staff are working remotely, all documents (including correspondence, pleadings, and discovery) will be served via e-mail until at least March 31, 2020. Because we may not receive regular mail or other deliveries during this period of time, please e-mail copies of anything you send by regular mail or delivery. Send all e -served documents in your case to the e-mail addresses for any Best Best & Krieger LLP attorney who has appeared in your case, or who has communicated with you by e-mail on your matter. From: Rachelle Arellano [mailto:rarellano@arcadiaca.gov] Sent: Tuesday, March 24, 2020 8:56 AM To: Stephen Deitsch Subject: RE: Updated Resolutions for April 14, 2020 PC Meeting Hi Steve, As per Luis' email below, attached are those Resolutions in PDF version that you previously reviewed last week. I have checked and all of the revisions have been made including the date of the meeting for April 14, 2020, as the meeting for March 24, 2020, was cancelled. Thank you, Rachelle Arellano Deputy City Clerk I City Clerk i City of Arcadia 240 W. Huntington Drive i Arcadia, CA 91006 (626) 574-5453 1 rarellanor@arcadiaca.gov