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HomeMy WebLinkAbout2058RESOLUTION NO. 2058 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY COUNCIL OF ZONE CHANGE NO. ZC 19-01, ARCHITECTURAL DESIGN REVIEW NO. ADR 18-22, CONDITIONAL USE PERMIT NO. CUP 19-03, ADMINISTRATIVE MODIFICATION NO. AM MINOR 19-22, AND PROTECTED TREE ENCROACHMENT NO. TRE 20-04 WITH A MITIGATED NEGATIVE DECLARATION FOR A NEW SENIOR ASSISTED LIVING CARE FACILITY WITH MEMORY CARE AT 1150 W. COLORADO BOULEVARD WHEREAS, applications were filed by Artis Senior Living, LLC ("Property Owner"), for Zone Change No. ZC 19-01, Architectural Design Review No. ADR 18-22, Conditional Use Permit No. CUP 19-03, Minor Administrative Modification No. AM Minor 19-22, and Protected Tree Encroachment No. TRE 20-04, and a Mitigated Negative Declaration in accordance with the California Environmental Quality Act (CEQA), hereinafter individually and collectively referred to as the 'Project'; and WHEREAS, on April 23, 2020, the Draft Initial Study/Mitigated Negative Declaration for the Project was circulated for public review and comments for 29 days from April 23, 2020 to May 22, 2020. Due to COVID-19, the IS/MND circulation period was extended from 20 to 29 days to give additional time for comments because of the pandemic. 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 Project; 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, Geology and Soils, Noise, and Tribal Cultural Resources; and 1 WHEREAS, on July 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 July 14, 2020 are true and correct. SECTION 2. This Commission finds that based upon the entire record, pursuant to Sections 9108.03.060(B) and 9107.09.050(B) of the Development Code, all of the following findings is satisfied: 1. The proposed Zoning Map Amendment is consistent with the General Plan and any applicable specific plan(s). FACTS: The proposed Zone Change and Zoning Map Amendment to remove the two existing overlays (Architectural Design (D) Overlay Zone and Automobile Parking (P) Overlay Zone) are consistent with the General Plan in that the underlying land use of Commercial will remain the same, and the change will allow the property owner to redevelop the site to its full potential. The proposed Zone Change and Zoning Map Amendment will not have any detrimental effect upon the health, safety and general welfare of the City, nor will it have an effect on the conditions of the built environment since the amendments only consist of removing two overlays while maintaining the existing zoning classification and General Plan Land Use designation. The proposed Zone Change and Zoning Map Amendment are consistent with the goals, objectives, and policies of the 2 Arcadia General Plan. The proposed Zone Change will be consistent with the following General Plan goals and policies: Land Use and Community Development Element • Policy LU -1.6: Establish consistency between the Land Use Plan and the Zoning Code. • 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. Conditional Use Permit 1. The proposed use is consistent with the General Plan and any applicable specific plan. FACT: Approval of the Project will be consistent with the General Plan Land Use Designation of Commercial. The underlying zone allows a broad array of commercial uses that serve both the neighborhood and citywide. The Project will allow a business that can serve the aging population of the City, specifically those with Alzheimer's disease and related memory delays. The residential care facility is a use permitted in the General Commercial (C -G) Zone subject to the approval of a Conditional Use Permit. It will not adversely affect the comprehensive General Plan, and is consistent with the following General Plan goals and policies: • Goal LU -1: A balance of land uses that preserves Arcadia status as a Community of Homes and a community of opportunity. s • 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 -1.2: Promote new uses of land that provide diverse economic, social, and cultural opportunities, and that reinforce the characteristics that make Arcadia a desirable place to live. • Policy LU -1.5: Require that effective buffer areas be created between land uses that are of significantly different character or that have operating characteristics which could create nuisances along common boundary. 2. The proposed uses are allowed within the applicable zone, subject to the granting of a Conditional Use Permit, and comply with all other applicable provisions of the Development Code and the Municipal Code. FACT: The site is zoned General Commercial (C -G) and pursuant to the Arcadia Development Code Section 9102.03.020, Table 2-8, allows a Large -Residential Care Facility in the General Commercial C -G zone subject to the review and approval of a Conditional Use Permit. With the removal of the two existing overlays, the Project complies will all the development standards of the General Commercial C -G zone. In addition, as required by the California Environmental Quality Act (CEQA), the Development Services Department prepared an Initial Study/Mitigated Negative Declaration (IS/MND) for the 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. 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 is a well thought out design that is not only compatible in scale and design with the adjacent residential properties to the east and south, but will also complement the other commercial properties along the commercial corner intersection of W. Colorado Boulevard and Michillinda Avenue. The Project will be placed over 75 feet from the adjacent residential properties with a parking and landscape buffer between the facility and the residential uses. The Project will redevelop the site with a senior assisted living care facility with an appropriate use and development that will not impact adjacent properties. With the exception of the perimeter fence that exceeds the maximum height limit, the Project complies with all related zoning requirements as set forth in the Development Code and all applicable regulations and requirements set forth by various City Departments. The site will be adequately served by all the required utilities and public services. Therefore, the Project site is adequate in size and shape to accommodate the Project. Parking for the Project is above the minimum Code requirement and, thus, no parking impacts are expected. Additionally, the Project will result in an overall reduction of vehicular traffic as compared to the existing use and nearly any other use that could be considered for the property. Thus, the Project will be compatible with the existing and future 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, 5 spaces, walls, yards, and other features required to adjust the use with the land and uses in the neighborhood; FACT: The site measures approximately 2.79 acres. The subject site can physically support the Project. At 44,192 square feet the building is 16,574 square feet below the maximum permitted Floor Area Ratio for the site. The Project will provide more than the required amount of parking which will be dedicated to employees and visitors in order to prevent any parking issues. Lastly, the new building has been placed over 75 feet away from the side and rear setbacks in order to be sensitive to the adjacent residential properties to the east and south and to provide an adequate buffer. Therefore, the site is adequate in size to accommodate the new senior assisted living care facility. b. Streets and highways adequate in width and pavement type to accommodate public and emergency vehicle (e.g., fire and medical) access; FACT: The Project will be located at the southeast corner of W. Colorado Boulevard and Michillinda Avenue. Although the Project will only have an access point off of W. Colorado Boulevard, both streets have been designated and designed with the capacity to accommodate both normal public vehicular travel and emergency vehicles. These streets are adequate in width and pavement type to carry the traffic that would be generated by the Project, and to support emergency vehicle access. The streets will be able to handle the demand from this new use since the Project would actually generate less traffic than the previous use. c. Public protection services (e.g., fire protection, police protection, etc.); and FACT: The construction of the Project will comply with the Building and Fire Codes, and all other applicable regulations to ensure the safety of the residents as well as help H reduce the creation of fire hazards and facilitate emergency response. As part of the environmental review process, the Initial Study/Mitigated Negative Declaration (IS/MND) determined that Fire and Police protection services can handle the demand for the Project. d. The provision of utilities (e.g., potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.). FACT: It has been determined that the existing infrastructure and public utilities can handle the demand for the Project, and that no upgrades are necessary. The Project is required to comply with the Low Impact Development (LID) requirements for stormwater discharge. 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 residential and commercial properties. The Project will be compatible in terms of scale and design with the adjoining residential properties to the east and south. The Project includes setbacks that far exceed the minimum requirement, and a landscape and parking buffer. The Project proposes to maintain all existing mature trees along the perimeter to minimize any potential impacts to the adjacent residents. The Project will provide more than the required amount of parking which will be dedicated to employees and visitors in order to prevent any parking issue. The construction of the Project will meet all Building and Fire Codes, and all other applicable regulations. The Initial Study/Mitigated rA Negative Declaration (IS/MND) prepared for the senior assisted living care facility 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. Therefore, the Project will not adversely affect the public in general, nor will it impact to the uses in the vicinity and zone in which the property is located. Administrative Modification FACT: The proposed 8'-0" tall fence along the perimeter of the building and outdoor open space will secure an appropriate improvement of the lot because the additional height of 2'-0" will properly secure the site as necessary to protect the residents. The residents are expected to be individuals with memory issues and this requires additional security measures. To help soften the appearance of the fence from the street, a condition has been placed on the project that some hedges and/or trees shall be spread out in front of the fence (refer to condition no. 6). Architectural Design Review FACT: The Project has been thoughtfully designed to complement the adjoining residential properties, and enhances commercial intersection along W. Colorado Boulevard and Michilinda Avenue. The selected Traditional/Cape Cod Architectural -style helps to blend the senior assisted living care facility with the adjoining residential properties. The design contains architectural features and materials that are commonly found within the Traditional and Cape Cod architectural styles as well as decorative features, such trellises, corbels under the eaves of the building, and a decorative cupola at the top of the building that increases visual interest of the development. The building was strategically placed away from residential properties to the east and south to minimize 9 any potential impacts to the adjacent residential properties and was pushed back to from the street to maintain a comparable streetscape with the residential properties. The overall design has a balanced and aesthetically pleasing design that will complement the surrounding residential properties and the general vicinity. Protected Tree Encroachment FACT: The Project requires a protected tree encroachment application to allow site improvements such as new hardscape, fencing and minor grade change to encroach underneath the dripline of nine (9) protected trees that consist of five (5) Fern Pine trees, two (2) Carrotwood trees, one (1) South Magnolia tree, and one (1) Japanese Pear tree. Per the Arcadia Tree Protection Ordinance, these trees are considered protected as they are located within the required setbacks and meet the minimum trunk diameters. The Certified Arborist determined that the proposed encroachments will not adversely affect the long-term health of the protected trees as long as the mitigations and recommendations listed in the Arborist Report are followed. Therefore, it has been determined that the proposed encroachments of the protected trees will not adversely affect the long-term health of the trees. SECTION 3. For the foregoing reasons the Planning Commission recommends adoption of the Mitigated Negative Declaration and Mitigated Monitoring and Reporting Program in accordance with the California Environmental Quality Act (CEQA), and further recommends approval to the City Council of Zone Change No. ZC 19-01, Architectural Design Review No. ADR 18-22, Conditional Use Permit No. CUP 19-03, Minor Administrative Modification No. AM Minor 19-22, and Protected Tree Encroachment No. TRE 20-04. 9 SECTION 4. The Secretary shall certify to the adoption of this Resolution. Passed, approved and adopted this 14th day of July, 2020. FWAIIIIIIIIIl:ylIIi Lisa L. Flo s Secretary APPROVED AS TO FORM: Stephen P. Deitsch City Attorney 10 c4lerzd Deborah 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. 2058 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 July, 2020 and that said Resolution was adopted by the following vote, to wit: AYES: Chair Lewis, Vice Chair Wilander and Commissioners Chan, Lin, and Thompson NOES: None ABSENT: None Lisa L. Flores Secretary of the Planning Commission 11 RESOLUTION NO. 2058 Conditions of Approval 1. The project shall be developed and maintained by the Property Owner/Applicant in a manner that is consistent with the plans submitted and conditionally approved for ZC 19-01, ADR 18-22, CUP 19-03, AM Minor 19-22, and TRE 20-04, subject to the satisfaction of the Planning & Community Development Administrator or designee. 2. The Property Owner/Applicant shall submit an official ALTA survey of the property to the City prior to submitting plans into Building Services for plan -check. The City shall retain all access and other rights over the sanitary sewer easement and storm drain easement that are located on and under the subject property, and the Property Owner/Applicant shall make any adjustment, modifications, and/or abandon the sewer line in its development of the property, or amendments to current easement of record, deemed by the City to reasonably necessary for the City to maintain such infrastructure and access. All new or existing manholes to remain on the site as part of the new development shall be within a paved area. Final placement of the manholes shall be subject to review and approval of the Public Works Department. Any agreement that is required by the City to allow the development to occur over the easements shall be prepared by the Property Owner/Applicant and shall be subject to approval by the City Attorney prior to recordation in the Los Angeles County Recorder's Office. For purposes of the City Attorney review of any such document, the Property Owner/Applicant shall submit to the City a deposit of $5,000, of which any funds remaining after review and approval by the City shall be returned to the Property Owner/Applicant. Prior to the issuance of the Certificate of Occupancy, the Property Owner/ Applicant shall submit to Planning Services a copy of the form of lease or occupancy agreement that will be utilized for the proposed senior living facility. The form of such agreement must require all future residents to acknowledge the potential health risk associated with living within 500 feet of a freeway. Such acknowledgment shall be placed in all such future agreements for the senior living facility. 4. The Property Owner/Applicant shall submit a haul route map and construction staging plan to Planning Services prior to issuance of a Demolition permit. 5. The Property 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. The need for such repair shall be determined by the Planning & Community Development Administrator and the Public Works Director, or designees, during construction and up until issuance of a Certificate of Occupancy. 12 6. The final landscape plan that is submitted to Building Services for plan -check shall be revised to include hedges and/or trees spread out in front of the 8 -foot wooden fence along Michillinda Avenue. 7. The plans that are submitted to Building Services for 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 8. The grading plans shall indicate all site improvements, and shall indicate complete drainage paths of all drainage water run-off. Prior to the issuance of a building permit from Building Services, the Property Owner/Applicant shall irrevocably dedicate to the City 4 feet along the frontage of Colorado Boulevard for a total parkway width of 12- feet, as measured from curb to property line. A corner cutback at Michillinda Avenue/Colorado Boulevard is also required to accommodate an ADA curb per Caltrans standard A88A. Both dedications shall be subject to review and approval by the Deputy Development Services Director/Engineer. 10. The Property Owner/Applicant shall be required to remove and replace existing sidewalk, curb and gutter along the property frontage of Michillinda Avenue and W. Colorado Boulevard. 11. Prior to the issuance of the Certificate of Occupancy by Building Services, the Property Owner/Applicant shall modify the median island left turn pocket to accommodate the driveway approach on W. Colorado Boulevard in accordance with plans which shall be subject to approval by the Deputy Development Services Director/Engineer, or designee. 12. The Property Owner/Applicant shall be required to remove the existing driveway approaches and construct a new driveway approach along W. Colorado Boulevard per City Standard with ADA access around the approach. 13. A Low Impact Development (LID) plan is required for this development. It shall comply with the Los Angeles County Department of Public Works 2014 LID standard manual, and the measurements must be shown on the grading plan. These measurements shall include using infiltration trenches, bioretention planter boxes, roof drains connected to a landscaped area, pervious concrete/paver, etc. 13 14. The Property Owner/Applicant shall coordinate with the Public Works Services Department on the replacement and/or protection of street trees prior to issuance of a grading permit from Building Services. 15. The building shall be fully fire sprinklered per the City of Arcadia Fire Department Commercial Sprinklers Standards. 16. The Property Owner/Applicant shall install three (3) new fire hydrants, two along the City's right -away and one on the site as part of the project. The location shall be depicted on the site plan, and shall be subject to review and approval by the Fire Marshall prior to issuance of a building permit for the project. 17. Knox boxes shall be provided at the front entry and exterior doors at the southeast and southwest stairwells. Stairwell doors shall be keyed to provide for exterior emergency access. 18. In order to verify the required water service size for the project, the Property Owner/Applicant shall submit to the Public Works Department prior to the issuance of a building permit calculations for the maximum commercial use demand and maximum fire demand. 19. The Property Owner/Applicant shall provide separate water services and meters for the Residential Care Facility and outdoor irrigation system. A reduced pressure backflow device shall be installed for each water service. 20. Prior to the issuance of a building permit, the Property Owner/Applicant shall submit a Water Meter Permit Application to the Public Works Services Department. 21. The Property Owner/Applicant shall provide a new water service installation. Installation shall be according to the specifications of the Public Works Services Department, Engineering Division. Abandonment of existing water services, if necessary, shall be completed by the Property Owner/Applicant, according to Public Works Services Department, Engineering Section specifications. 22. Prior to the issuance of a Building permit, the Property Owner/Applicant shall provide a Sewer Area Study to determine whether or not the existing 8 -inch Vitrified Clay Pipe (VCP) City sewer line on the site is capable of meeting all anticipated demands of the proposed project. 23. The Property Owner/Applicant shall utilize existing sewer lateral(s) if possible. 24. If any drainage fixture elevation is lower than the elevation of the next upstream manhole cover, the Property Owner/Applicant shall be required to use an approved type of backwater valve. 25. Prior to the issuance of a grading permit, the Property Owner/Applicant shall prepare a Storm Water Pollution Prevention Plan (SWPPP) and shall obtain a Waste Discharge Identification (WDID) number from the State. 14 26. The project shall be subject to Industrial Waste management requirements and a grease interceptor is required for the kitchen facility. This shall be subject to the review and approval by the Public Works Services Department. 27. The trash enclosure area shall be installed the Property Owner/Applicant and shall comply with the following: a. A minimum interior width of 9'-7" in order to accommodate three (3) 3 -yard bin. b. A minimum roof clearance of 10-0" to allow the bin lids to open completely. c. Shall include a trash, recycling and organics recycling bins. d. Provide a minimum of one (1) foot clearance around the trash bin/recycling bin. 28. The Property Owner/Applicant shall comply with all City requirements regarding building safety, fire prevention, detection, suppression, emergency access, public right-of-way improvements, parking, water supply and water facilities, sewer facilities, trash reduction and recycling requirements, and National Pollutant Discharge Elimination System (NPDES) measures, all to the satisfaction of the Building Official, Fire Marshal, Public Works Services Director, and Planning & Community Development Administrator. Compliance with these requirements is to be determined by having fully detailed construction plans submitted for plan check review and approval by the foregoing City officials and employees. 29. 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. 30. Approval of ZC 19-01, ADR 18-22, CUP 19-03, AM MINOR 19-22, and TRE 20-04 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. 31. All the windows shall be recessed at least 2 -inches from the exterior walls. 15 32. All exterior parking lighting shall be shielded downward or cutoff to eliminate any potential light and glare to the adjacent residential properties. 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 are detailed in the MMRP. Biological Resources 33. 13I0-1: Tree removal shall not occur during the local nesting season (February 1 to September 15 for nesting birds and February 1 to June 30 for nesting raptors), to the extent practicable. If any construction or tree removal occurs during the nesting season, a nesting bird survey shall be conducted by a qualified biologist prior to commencement of grading or removal of any trees on the property. If the biologist determines that nesting birds are present, restrictions may be placed on construction activities in the vicinity of the nest observed until the nest is no longer active, as determined by the biologist based on the location of the nest, type of the construction activities, the existing human activity in the vicinity of the nest, and the sensitivity of the nesting species. Grading and/or construction may resume in this area when a qualified biologist has determined that the nest is no longer occupied, and all juveniles have fledged. This measure shall be implemented to the satisfaction of the City of the Planning & Community Development Administrator or Designee. 34. BIO -2: Prior to issuance of a building permit, the applicant shall demonstrate that the Project landscaping plan and planned construction are consistent with the City's Tree Protection Ordinance and the Protected Tree Study. The tree protection activities shall include the following: a. Prior to demolition, the contractor and consulting arborist shall meet on-site to make sure tree protection zones are established around all protected trees to be preserved and to review the goals for the tree protection plan. b. Tree protection zone fences shall be placed around each protected tree. Fences shall be at least 4 feet tall and constructed of chain-link fencing secured on metal posts. Where fences are not feasible (e.g., in haul routes or areas where workers will need frequent access), soil and root protection material can be installed. c. The contractor shall maintain the fences and/or soil protection material throughout the completion of the Project. No staging of materials or equipment or washing out shall occur within the fenced protected zones. d. Trees should be irrigated throughout the year. A deep watering that provides good soil moisture to a depth of 16 inches is optimal. The trees shall be deeply water once every 21 to 28 days during the summer and fall seasons when rain is unlikely. 16 e. For Tree No. 49, a protected deodar cedar located on the Project Site's Colorado Boulevard frontage, the deadwood shall be removed to prevent the dead branches from falling. However, no reduction pruning in the live crown of the tree is required. The tree shall be monitored for its health during the life of the Project, and irrigation shall occur at the same frequency of the other trees. f. The arborist shall monitor a few critical phases of the Project, including pre - demolition, to direct the installation of protective fences and soil protection measures; grading and excavation; any utility or drainage trenching that is required within a tree protection zone; and a final evaluation during the landscape installation phase. g. Additional construction best practices described in the Protected Tree Report shall be implemented. Cultural Resources 35. CUL -1: Treatment of previously unidentified archaeological deposits: If suspected prehistoric or historical archaeological deposits are discovered during construction, all work within 25 feet of the discovery shall be redirected and a Secretary of the Interior Professional Qualified archaeologist and/or Registered Professional Archaeologist shall assess the situation and make recommendations regarding the treatment of the discovery. Impacts to significant archaeological deposits shall be avoided if feasible, but if such impacts cannot be avoided, the deposits shall be evaluated for their eligibility for the California Register of Historical Resources. If the deposits are not eligible, no further protection of the find is necessary. If the deposits are eligible, impacts shall be avoided or mitigated. Acceptable mitigation may consist of, but is not necessarily limited to, systematic recovery and analysis of archaeological deposits, recording the resource, preparation of a report of findings, and accessioning recovered archaeological materials at an appropriate curation facility. Geology and Soils 36. GEO-1: Paleontological Resource Monitor: If paleontological resources (fossils) are discovered during Project grading, work shall be halted in that area until a qualified paleontologist can be retained to assess the significance of the find. The Project paleontologist shall monitor remaining earth -moving activities at the Project Site and shall be equipped to record and salvage fossil resources that may be unearthed during grading activities. The paleontologist shall be empowered to temporarily halt or divert grading equipment to allow recording and removal of the unearthed resources. Any fossils found shall be evaluated in accordance with the CEQA Guidelines and offered for curation at an accredited facility approved by the City of Arcadia. Once grading activities have ceased or the paleontologist determines that monitoring is no longer necessary, monitoring activities shall be discontinued. 17 Noise 37. NOH: Prior to issuance of a Grading Permit, the Project applicant shall demonstrate, to the satisfaction of the City of Arcadia Planning Division, that the Project complies with the following: a. Construction contracts specify that all construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers and other State -required noise attenuation devices. b. The contractor shall provide evidence that a construction staff member will be designated as a noise disturbance coordinator and will be present on- site during construction activities. The noise disturbance coordinator shall be responsible for responding to any local complaints about construction noise. When a complaint is received, the noise disturbance coordinator shall notify the City within 24 hours of the complaint and determine the cause of the noise complaint (e.g., starting too early or bad muffler) and shall implement reasonable measures to resolve the complaint, as deemed acceptable by the Planning & Community Development Administrator (or designee). All notices that are sent to residential units immediately surrounding the construction site and all signs posted at the construction site shall include the contact name and the telephone number for the noise disturbance coordinator. All necessary signage and notices shall be posted on or sent to residential units immediately surrounding the construction site no less than two weeks prior to the start of noise -generating construction activities on the Project Site. c. During construction, stationary construction equipment shall be placed such that emitted noise is directed away from sensitive noise receivers. d. Prior to issuance of any Grading or Building Permit, the Project applicant shall demonstrate to the satisfaction of the Planning & Community Development Administrator (or designee) that construction noise reduction methods shall be used where feasible. These reduction methods may include shutting off idling equipment, installing temporary acoustic barriers around stationary construction noise sources, maximizing the distance between construction equipment staging areas and occupied residential areas, and utilizing electric air compressors and similar power tools. e. Construction haul routes shall be designed to avoid noise -sensitive uses (e.g., residences and convalescent homes) to the extent feasible. Tribal Cultural Resources 38.TCR-1: Retain a Native American Monitor/Consultant. The Project Applicant shall be required to retain and compensate for the services of a tribal monitor/consultant, who is both approved by the Gabrieleno Band of Mission Indians-Kizh Nation Tribal Government and listed under the Native American Heritage Commission's (NAHC) Tribal Contact list for the area of the project location. This list is provided by the NAHC. The monitor/consultant shall only be present on-site during the construction 18 phases that involve ground disturbing activities. Ground disturbing activities are defined by the Gabrieleno Band of Mission Indians-Kizh Nation as activities that may include, but are not limited to, pavement removal, pot -holing or auguring, grubbing, tree removals, boring, grading, excavation, drilling, and trenching, within the Project area. The tribal Monitor/consultant shall complete daily monitoring logs that will provide descriptions of the day's activities, including construction activities, locations, soil, and any cultural materials identified. The on-site monitoring shall end when the Project Site grading and excavation activities are completed or when the tribal representatives and monitor/consultant have indicated that the site has a low potential for impacting tribal cultural resources. 39. TCR -2: Upon discovery of any tribal cultural or archaeological resources, construction activities shall cease in the immediate vicinity of the find until the find can be assessed. All tribal cultural and archaeological resources unearthed by Project construction activities shall be evaluated by the qualified archaeologist and tribal monitor/consultant approved by the Gabrieleno Band of Mission Indians-Kizh Nation. If the resources are Native American in origin, the Gabrieleno Band of Mission Indians-Kizh Nation shall coordinate with the landowner regarding treatment and curation of these resources. Typically, the tribe will request preservation in place or recovery for educational purposes. Work may continue on other parts of the Project Site while evaluation and, if necessary, additional protective mitigation takes place (CEQA Guidelines Section15064.5 [f]). If a resource is determined by the qualified archaeologist to constitute a "historical resource" or "unique archaeological resource," time allotment and funding sufficient to allow for implementation of avoidance measures, or appropriate mitigation, must be available. The treatment plan established for the resources shall be in accordance with CEQA Guidelines Section 15064.5(f) for historical resources. For unique archaeological resources, preservation in place is the preferred manner of treatment in accordance with PRC Section 21083.2(b). If preservation in place is not feasible, treatment may include implementation of archaeological data recovery excavations to remove the resource along with subsequent laboratory processing and analysis. All tribal cultural resources shall be returned to the tribe. Any historic archaeological material that is not Native American in origin shall be curated at a public, nonprofit institution with a research interest in the materials, such as the Natural History Museum of Los Angeles County or the Fowler Museum, if such an institution agrees to accept the material. If no institution accepts the archaeological material, they shall be offered to the tribe or a local school or historical society in the area for educational purposes. 40.TCR-3: Native American human remains are defined in PRC 5097.98 (d)(1) as an inhumation or cremation, and in any state of decomposition or skeletal completeness. Funerary objects, called associated grave goods in PRC 5097.98, are also to be treated according to this statute. Health and Safety Code 7050.5 dictates that any discoveries of human skeletal material shall be immediately reported to the County Coroner and excavation halted until the coroner has determined the nature of the remains. If the coroner recognizes the human remains to be those of a Native American or has reason to believe that they are those of a iE] Native American, he or she shall contact, by telephone within 24 hours, the NAHC and PRC 5097.98 shall be followed. Upon discovery of human remains, the tribal and/or archaeological monitor/ consultant/consultant shall immediately divert work at minimum of 150 feet and place an exclusion zone around the discovery location. The monitor/consultant(s) shall then notify the tribe, the qualified lead archaeologist, and the construction manager who will call the coroner. Work shall continue to be diverted while the coroner determines whether the remains are human and subsequently Native American. The discovery is to be kept confidential and secure to prevent any further disturbance. If the finds are determined to be Native American, the coroner shall notify the NAHC as mandated by State law, who will then appoint a Most Likely Descendent (MLD). If the Gabrieleho Band of Mission Indians — Kizh Nation is designated MLD, the Koo-nas-gna Burial Policy shall be implemented. To the tribe, the term "human remains" encompasses more than human bones. In ancient, as well as, historic times, tribal traditions included, but were not limited to, the preparation of the soil for burial, the burial of funerary objects with the deceased, and the ceremonial burning of human remains. The prepared soil and cremation soils are to be treated in the same manner as bone fragments that remain intact. Associated funerary objects are objects that, as part of the death rite or ceremony of a culture, are reasonably believed to have been placed with individual human remains either at the time of death or later; other items made exclusively for burial purposes or to contain human remains can also be considered as associated funerary objects. 41. TCR -4: Prior to the continuation of ground disturbing activities, the land owner shall arrange a designated site location within the footprint of the Project for the respectful reburial of the human remains and/or ceremonial objects. In the case where discovered human remains cannot be fully documented and recovered on the same day, the remains shall be covered with muslin cloth and a steel plate that can be moved by heavy equipment placed over the excavation opening to protect the remains. If this type of steel plate is not available, a 24-hour guard should be posted outside of working hours. The tribe shall make every effort to recommend diverting the Project and keeping the remains in situ and protected. If the Project cannot be diverted, it may be determined that burials shall be removed. The tribe shall work closely with the qualified archaeologist to ensure that the excavation is treated carefully, ethically and respectfully. If data recovery are approved by the tribe, documentation shall be taken which includes at a minimum detailed descriptive notes and sketches. Additional types of documentation shall be approved by the tribe for data recovery purposes. Cremations shall either be removed in bulk or by means as necessary to ensure completely recovery of all material. If the discovery of human remains includes four or more burials, the location is considered a cemetery and a separate treatment plan shall be created. Once complete, a final report of all activities is to be submitted to the tribe and the NAHC. The tribe does not authorize any scientific study or the utilization of any invasive and/or destructive diagnostics on human remains. Each occurrence of human remains and associated 20 funerary objects shall be stored using opaque cloth bags. All human remains, funerary objects, sacred objects and objects of cultural patrimony shall be removed to a secure container on site if possible. These items shall be retained and reburied within six months of recovery. The site of reburial/repatriation shall be on the Project Site but at a location agreed upon between the tribe and the landowner at a site to be protected in perpetuity. There shall be no publicity regarding any cultural materials recovered. 21