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HomeMy WebLinkAbout8-11-20 PC Agenda PacketCITY OF ARCADIA Arcadia Planning Commission Regular Meeting Agenda Tuesday, August 11, 2020, 7:00 p.m. 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/liveplanning and on ACTV. How to Submit Public Comment: 1.Email: Please submit your comments via email to planning@ArcadiaCA.gov at least 30 minutes prior to the posted meeting time. Your comments should be 300 words or less. 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: (786) 535-3211 Access Code: 524-582-021# Please contact the Planning Division at planning@ArcadiaCA.gov or at (626) 574-5423 for more information. 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/liveplanning 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: (786) 535-3211 接入代码: 524-582-021# 详情请洽规划部,电子邮件 planning@ArcadiaCA.gov,电话号码 (626) 574-5423。 1 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。 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 three (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. 2062 – Approving Multiple Family Architectural Design Review No. MFADR 20-01, Tentative Tract Map No. TTM 20-01 (82953), and Protected Healthy Tree Removal Permit No. TRH 20-03, with a Categorical Exemption under the California Environmental Quality Act (CEQA) for an eight-unit multi-family residential condominium development at 416-428 Genoa Street Recommendation: Adopt Resolution No. 2062 Applicant: Chao Yin Tang, on behalf of the Property Owner, 416 – 428 Genoa Investment LLC. There is a ten day appeal period after the adoption of the Resolution. If adopted, 2 appeals are to be filed by 4:30 p.m. on Friday, August 21, 2020. 2.Resolution No. 2063 – Approving Conditional Use Permit No. CUP 20-09 with a Categorical Exemption under the California Environmental Quality Act (CEQA) to allow the sale of beer, wine, and distilled spirits for off-site consumption and extended hours of operation for a new grocery store (dba: Grocery Outlet) at 165 E. Foothill Blvd. Recommendation: Adopt Resolution No. 2063 Applicant: Grocery Outlet 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, August 21, 2020. 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. 3.Minutes of the July 14, 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, August 25, 2020, at 7:00 p.m. 3 DATE: August 11, 2020 TO: Honorable Chairman and Planning Commission FROM: Lisa L. Flores, Planning & Community Development Administrator By: Christine Song, Associate Planner SUBJECT: APPROVING MULTIPLE FAMILY ARCHITECTURAL DESIGN REVIEW NO. MFADR 20-01, TENTATIVE TRACT MAP NO. TTM 20-01 (82953), AND PROTECTED HEALTHY TREE REMOVAL PERMIT NO. TRH 20-03, WITH A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR AN EIGHT-UNIT MULTI- FAMILY RESIDENTIAL CONDOMINIUM DEVELOPMENT AT 416-428 GENOA STREET Recommendation: Adopt Resolution No. 2062 SUMMARY The applicant, Chao Yin Tang, on behalf of the property owner, 416 – 428 Genoa Investment LLC, is requesting approval of Multiple Family Architectural Design Review No. MFADR 20-01, Tentative Tract Map No. TTM 20-01 (82953), and Protected Healthy Tree Removal Permit No. TRH 20-03 to consolidate two legal lots into one lot for a new two-story, multi-family residential condominium development with eight units and at grade parking garages. The proposed development and subdivision are consistent with the City’s General Plan, Development Code, and Subdivision Code. As an infill development project, the proposed development qualifies for a Categorical Exemption under the California Environmental Quality Act (CEQA), as discussed later in the staff report. It is recommended that the Planning Commission approve MFADR 20-01, TTM 20-01 (82953), and TRH 20-03, subject to the conditions listed in this staff report, and adopt Resolution No. 2062 – refer to Attachment No. 1. BACKGROUND The project site consists of two interior lots totaling 31,443 square feet on the south side of Genoa Street, between South 3rd Avenue and 5th Avenue. The property is zoned R-2, 4 Resolution No. 2062 - MFADR 20-01, TTM 20-01 (82953), and TRH 20-03 416 – 428 Genoa Street August 11, 2020 – Page 2 of 13 Medium Density Multiple Family Residential with a General Plan Land Use Designation of Medium Density Residential. The site is surrounded by other R-2 zoned properties in all directions. The project site is improved with one single family dwelling with a detached two-car garage built in 1927 (416 Genoa Street) and six multi-family dwellings with attached one-car garages (418 - 428 Genoa Street), which were all constructed in 1953 – refer to Attachment No. 2 for an Aerial photo with Zoning Information and Photos of the Subject Property. There are a total of eleven (11) mature trees on the subject site and all of them are proposed for removal, two (2) of which qualify for protection under the City’s Tree Preservation Ordinance. A Certificate of Demolition (COD) for the subject property was approved on January 22, 2020, however the structures have not yet been demolished due to the City’s replacement policy for residential projects that the owners cannot demolish the structures until a project has been approved – see Attachment No. 3 for the Historical Report. Based on the evaluation by an Architectural Historian, the property does not meet any of the minimum requirements for designation as a historical resource under federal, state and local criteria. The residence does not embody distinctive characteristics of a particular architectural style and is not representative of or associated with any important historical events or people. PROPOSAL The applicant is requesting to demolish all the existing structures on the property to construct a new two-story, eight-unit, multi-family residential condominium development with surface parking – refer to Attachment No. 4 for the Tentative Tract Map and Attachment No. 5 for the proposed Architectural Plans. The project consists of eight Spanish style townhomes. Two units will consist of four bedrooms and 2,424 square feet. Six units will consist of four bedrooms and 2,343 square feet. The front units will have direct access from Genoa Street and the remaining four units will have a pedestrian walkway parallel to the drive aisle in order to minimize the need for pedestrians to cross parking drive aisles; the units may also be accessed through the attached garages (see Figure 1). 5 Resolution No. 2062 - MFADR 20-01, TTM 20-01 (82953), and TRH 20-03 416 – 428 Genoa Street August 11, 2020 – Page 3 of 13 The proposed development will have an overall ridge height of 26’-0”; therefore, the development will be in compliance with the maximum 30’-0” height limit. The building provides the minimum front yard setback of 25’-0” as well as all the other minimum setbacks required in the R-2 zone. Each unit provides at-grade patios to satisfy the 100 square feet of open space per unit requirement. Each unit will have an oversized two-car garage with dimensions of 19’ x 23’, and there will be four (4) open guest parking spaces. The garages for all the units will be accessed from Genoa Street through the driveway along the center of the property. Additionally, there will be two (2) bicycle parking spaces provided at the rear of the property, on each side of the trash enclosure. Based on the number of parking spaces provided, the project meets the required parking per the Development Code. The project includes the removal of a total of eleven (11) mature trees on the property, nine (9) of which are not protected under the City’s Tree Preservation Ordinance. These nine trees consist of: two (2) Liquidambar trees, two (2) fruit trees, two (2) Camphor trees, one (1) Carrotwood tree, and two (2) multi-trunk Crape Myrtle trees. Liquidambar trees and fruit trees are classified as Unprotected Trees under the City’s Tree Preservation Ordinance. In addition, trees that have a trunk diameter of twelve (12) inches or less or have two (2) or more trunks measuring ten (10) inches or less that are located outside of a required setback are also not protected. All nine of these trees are located within areas that must be excavated and compacted to construct a building pad or to install pavement Figure 1 – Site Plan GENOA STREET N 6 Resolution No. 2062 - MFADR 20-01, TTM 20-01 (82953), and TRH 20-03 416 – 428 Genoa Street August 11, 2020 – Page 4 of 13 for open space areas and the driveway. The trees would not survive the construction of the project. The project also includes the removal of two (2) protected trees. The protected trees proposed for removal are both Camphor trees with a trunk diameter of 12 inches, located within the required rear yard setback, as discussed later in this staff report. ANALYSIS The R-2 zone requires a minimum density of two dwelling units per lot and a maximum density of one unit per 3,750 square feet of lot area. Based on a total lot area of 31,443 square feet, a minimum of two (2) units and a maximum of eight (8) units for the subject site can be built on the subject property. The proposed eight-unit development complies with the density requirement of the underlying R-2 zone. Additionally, the project will also comply with the development standards of the R-2 zone, including but not limited to the setbacks, height, parking, and open space. Concurrent with the subdivision application, the Planning Commission must approve, conditionally approve, or deny the architectural design of the proposed project. The project is designed in a contemporary Spanish architectural style (refer to Attachment No. 5) with a finished stucco exterior. The roof will be installed with concrete ‘S’ tile roofing material and moldings along the eaves (see Figures 2 & 3). Additional architectural features include decorative window headers and sills with wood shutters, wrought iron balcony railings, bronze colored exterior lighting fixtures, and Spanish accent tiles along the front entry door. The proposed Spanish style development will be compatible with other contemporary style existing multi-family developments along Genoa Street as the massing and scale of this project is consistent with others found in the surrounding neighborhood. The project will also provide landscaping throughout the property, with an emphasis along the front yard and the side yards to offer additional screening and privacy for the adjacent two-story multi-family residences on both sides. Figure 2. Proposed front elevation 7 Resolution No. 2062 - MFADR 20-01, TTM 20-01 (82953), and TRH 20-03 416 – 428 Genoa Street August 11, 2020 – Page 5 of 13 Tree Removal The applicant is requesting to remove a total of eleven (11) trees, two (2) of which are protected trees, in order to accommodate the project – Camphor trees, (circled in red in Figure 4). Both trees have a single trunk diameter greater than 12 inches, as noted in the Arborist Report (see Attachment 6 for the Arborist Report, and the Figure 4 below). Figure 4. Landscape Plan -- - Tree Removal -- - New Tree Replacement Figure 3. Proposed side elevations 8 Resolution No. 2062 - MFADR 20-01, TTM 20-01 (82953), and TRH 20-03 416 – 428 Genoa Street August 11, 2020 – Page 6 of 13 The two trees are in good health and have trunk diameters measuring 13 and 15 inches. Each tree is located within the area of excavation and construction of building pads for the last two units. Due to the loss of 40 to 50 percent of their canopies for required structural clearance, the trees would not survive the construction phase and the trees will suffer severe root damage and loss from the excavation. As part of the mitigation and the City’s tree replacement policy, the Applicant is required to plant four (4) new trees. In this case, there is sufficient justification for the removal of the two trees. As a remedial measure, the project will be subject to Condition No. 4, which requires that four (4) 24- inch box replacement trees be planted as part of the project. The applicant is proposing to plant a total of nine (9) trees consisting of Crape Myrtle, Magnolia, Olive, and Maple trees. Three of the trees will be planted along the front yard and two of the trees will be planted in the rear yard to allow for adequate room to grow. The remaining four trees will be planted throughout the property in open space areas - refer to Attachment No. 5 for the architectural plans which includes a landscape plan. FINDINGS Tentative Tract Map The proposal to subdivide the airspace for eight (8) residential condominium units requires a subdivision through the Tentative Tract Map process – see Attachment No. 4 for Tentative Tract Map No. TTM 20-01 (82953). The proposed subdivision complies with the subdivision regulations of the Arcadia Municipal Code and the Subdivision Map Act, and will not violate any requirements of the California Regional Water Quality Control Board. The following findings are required for approval of a Tentative Tract Map: A. The proposed map, subdivision design, and improvements are consistent with the General Plan, any applicable specific plan, and the Subdivisions Division of the Development Code. Facts in Support of the Finding: The proposed tentative tract map for an eight- unit multi-family residential condominium development and subdivision of the airspace with the removal of two (2) protected trees has been reviewed for compliance with the City’s General Plan, Development Code, and the State Subdivision Map Act. It has been determined that the proposed subdivision is consistent with the General Plan Medium Density Residential Land Use designation and the R-2, Medium Density Multiple Family Residential zoning designation. These designations are intended to accommodate medium density, attached or detached residential units such as condominiums, within the appropriate neighborhoods. The proposed tentative tract map complies with the Subdivision Map Act regulations and there is no specific plan applicable to this 9 Resolution No. 2062 - MFADR 20-01, TTM 20-01 (82953), and TRH 20-03 416 – 428 Genoa Street August 11, 2020 – Page 7 of 13 project. The project 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 x 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. x Policy LU-4.1: Require that new multi-family residential development be visually and functionally integrated and consistent in scale, mass, and character with structures in the surrounding neighborhood. B. The site is physically suitable for the type and proposed density of development. Facts in Support of the Finding: The project site is physically suitable for the proposed multi-family residential development. The R-2 zone requires a minimum density of two dwelling units per lot and a maximum density of one unit per 3,750 square feet of lot area. Based on the total lot area of 31,443 square feet, a total of eight (8) units can be built on this site. The proposed eight-unit development complies with the density requirement as well as all other applicable zoning requirements including but not limited to parking, setbacks, height, and open space. C. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. Facts in Support of the Finding: The proposed tentative tract map for eight (8) multifamily residential condominium units is a subdivision of an infill site within an urbanized area and does not serve as a habitat for endangered or rare species. The project will not cause substantial environmental damage or impact wildlife. D. The design of the subdivision or type of improvements is not likely to cause serious public health or safety problems. Facts in Support of the Finding: The proposed subdivision will construct eight (8) multi-family residential units in compliance with all applicable Building and Fire Codes to ensure public health and safety. The project will maintain a density that is allowed in the R-2 zone and the proposed development will not cause any public health or safety problems. E. The design of the subdivision or the type of improvements will not conflict with easements acquired by the public at large for access through or use of, 10 Resolution No. 2062 - MFADR 20-01, TTM 20-01 (82953), and TRH 20-03 416 – 428 Genoa Street August 11, 2020 – Page 8 of 13 property within the proposed subdivision (This finding shall apply only to easements of record or to easements established by judgement of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision). Facts in Support of the Finding: The proposed design of the subdivision does not conflict with easements acquired by the public at large for access through or use of, property within the proposed subdivision. There are no known easements on the subject property. F. The discharge of sewage from the proposed subdivision into the community sewer system will not result in violation of existing requirements specified by the California Regional Water Quality Control Board. Facts in Support of the Finding: The Arcadia Public Works Services Department determined that the City’s existing infrastructure will adequately serve the new development, and the requirements of the California Regional Water Quality Control Board will be satisfied. G. The design of the subdivision provides, to the extent feasible, passive or natural heating and cooling opportunities. Facts in Support of the Finding: The proposed tentative tract map and eight-unit multi-family condominium development has been reviewed by Building Services to ensure compliance with the California Building Code, which includes requirements associated with heating and cooling requirements. H. The proposed subdivision, its design, density, and type of development and improvements conforms to the regulations of the City’s Development Code and the regulations of any public agency having jurisdiction by law. Facts in Support of the Finding: The proposed subdivision as conditioned complies with the density requirements of the City’s Development Code. All the improvements required for the site and each unit will comply with the regulations in the City’s Development Code. Architectural Design Review The proposed development is located in the R-2 zone (Medium Density Multiple Family Residential), which is intended to provide medium density residential development. The proposed design of the eight-unit condominium project is compatible with existing multi- family developments in the surrounding neighborhood in terms of massing and scale. The proposed contemporary Spanish style architecture will be consistent with other Spanish 11 Resolution No. 2062 - MFADR 20-01, TTM 20-01 (82953), and TRH 20-03 416 – 428 Genoa Street August 11, 2020 – Page 9 of 13 influenced styles of architecture that exist along Genoa Street. In addition, the proposed design is consistent with the City’s Multifamily Residential Design Guidelines. 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. Tree Removal The proposed development requires the removal of eleven (11) mature trees, two (2) of which are protected trees – Camphor trees with trunk diameters greater than 12 inches, both located in the rear yard area. Due to required excavations and expected loss of 40 to 50 percent of their canopies for required structural clearance, the trees will not survive the construction phase and would suffer severe root loss. In compliance with the City’s Tree Preservation Ordinance, the Project will provide four (4) replacement trees for the loss of these two trees and at least two (2) new trees will be required to be planted within the front yard area to provide adequate landscaping along the street frontage. ENVIRONMENTAL ASSESSMENT It has been determined that the project site is less than five (5) acres; the project site has no value as a habitat for endangered, rare or threatened species; the proposed project will not have any significant effects upon the environment, and the site can be adequately served by all the required utilities and public services. Therefore, the project is exempt under Class 32 (In-Fill Development Projects) pursuant to Section 15332 of the State California Environmental Quality Act (CEQA) Guidelines. Refer to Attachment No. 7 for the Preliminary Exemption Assessment. PUBLIC NOTICE/COMMENTS The owner/applicant is required to provide written notice to each tenant informing them of their intent to convert the existing structures into condominiums. The notice must be sent at least 60 days prior to submitting the tentative tract map application to the City. On May 12, 2020, the owner/applicant sent each tenant the required notice via certified mail. A public hearing notice for this item was published in the Arcadia Weekly newspaper and mailed to the property owners located within 300 feet of the subject property on July 30, 2020. As of August 6, 2020, no comments were received regarding this project. 12 Resolution No. 2062 - MFADR 20-01, TTM 20-01 (82953), and TRH 20-03 416 – 428 Genoa Street August 11, 2020 – Page 10 of 13 RECOMMENDATION It is recommended that the Planning Commission approve Multiple Family Architectural Design Review No. MFADR 20-01, Tentative Tract Map No. TTM 20-01 (82953), and Protected Healthy Tree Removal Permit No. TRH 20-03, subject to the following conditions, find that the project is Categorically Exempt from the California Environmental Quality Act (CEQA), and adopt Resolution No. 2062, subject to the following conditions of approval: 1. The proposed street facing Juliette style balconies on Units #416 and #424 shall not encroach into the required front yard setback. 2. Any required mechanical equipment, such as backflow devices, visible from the public right-of-way shall be screened from public view. Screening may include landscaping, solid walls or other methods deemed appropriate for the development. The placement and height of said screening shall subject to review and approval by the Planning & Community Development Administrator, or designee. 3. 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 MFADR 20-01, TTM 20-01 (82953), and TRH 20-03, subject to the approval of the Planning & Community Development Administrator, or designee. 4. Four (4) 24-inch box trees (comparable species as the trees being removed) shall be planted as replacement trees. At least two 24-inch box trees shall be planted in the front yard area. The remaining trees shall be at least 24-inch box trees and they shall be located where there is adequate room for growth. The trees shall be shown on the final landscape plan that is submitted to Building Services for plan check, subject to review by the Planning & Community Development Administrator, or designee, to ensure compliance with this condition. 5. The Owner/Applicant will be required to pay the following fees prior to approval of the Tract Map: Map Fee $100.00 Final Approval Fee (1 lot @ $25.00 ea.) $ 25.00 TOTAL $125.00 6. Prior to approval of the Tract Map, submit a separate demolition and erosion control plan prepared by a registered civil engineer, and demolish all existing structures. 7. Prior to occupancy, the Owner/Applicant shall: 13 Resolution No. 2062 - MFADR 20-01, TTM 20-01 (82953), and TRH 20-03 416 – 428 Genoa Street August 11, 2020 – Page 11 of 13 x Remove and replace existing curb and gutter from property line to property line x Construct sidewalk from property line to property line x Install new driveway approach per City Standard plan. 8. A Standard Urban Stormwater Mitigation Plan is required and shall be reviewed and approved by the City Engineer or designee, prior to the issuance of a building permit. 9. Project shall comply with Chapter 35A Multiple Family Construction Standards as amended in the Arcadia Municipal Code Section 8130.20. 10. All utility conductors, cables, conduits and wiring supplying electrical, cable and telephone service to a multiple family building shall be installed underground except risers which are adjacent to and attached to a building. 11. Grading plans shall be submitted to, and approved by Building & Safety. The grading plans shall indicate all site improvements, and shall indicate complete drainage paths of all drainage water run-off. 12. Permits are required prior to the removal and/or demolition of structures. 13. The project 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 14. All structures shall be provided with an automatic fire sprinkler system per the City of Arcadia Fire Department’s Multi-Family Dwelling Sprinkler Standard. 15. The automatic driveway gate shall be provided with a knox switch. 16. A six inch (6”) cast iron water main with 70 psi static pressure is available on Genoa Street to serve the subject address. The Owner/Applicant shall provide calculations to determine the total combined maximum domestic and fire demand, and verify the water service size required. 14 Resolution No. 2062 - MFADR 20-01, TTM 20-01 (82953), and TRH 20-03 416 – 428 Genoa Street August 11, 2020 – Page 12 of 13 17. Condominium or townhouse complexes of more than 5 individual units shall be served by a common domestic master water meter and service capable of supplying sufficient water to meet all domestic and fire suppression needs of the total number of units. 18. In the event that fire suppression is common to the complex, a separate fire service shall be required as directed by the Fire Marshal. 19. If a common water service is to be used to supply both domestic water and fire sprinklers, the Owner/Applicant shall separate the fire service from domestic water service at each unit with an approved back flow prevention device. 20. All condominiums shall require a separate water service and meter for common area landscape irrigation. 21. A Water Meter Clearance Application shall be submitted to the Public Works Services Department prior to permit issuance. 22. New water service installation shall be completed by the Owner/Applicant. Installation shall be according to the specifications of the Public Works Services Department, Engineering Section. Abandonment of existing water services, if necessary, shall be carried out by the Owner/Applicant, according to Public Works Services Department, Engineering Section specifications. 23. If any drainage fixture elevation is lower than the elevation of the next upstream manhole cover (445.14’), an approved backwater valve shall be required. 24. The two (2) trees in the parkway shall be removed with a permit from Public Works Services Department and they shall be replaced with two – 24” box Crape Myrtles. Locations shall be determined by the City’s Street Superintendent, or designee. 25. The proposed project shall be subject to low impact development (LID) requirements. These requirements include but are not limited to using infiltration trenches, bio-retention planter boxes, roof drains connected to a landscaped area, pervious concrete/paver, etc. 26. Ensure that the trash enclosure will accommodate trash, recycling and green waste bins. There shall be 1 foot clearance around the trash, recycling and green waste bins. 27. The 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 15 Resolution No. 2062 - MFADR 20-01, TTM 20-01 (82953), and TRH 20-03 416 – 428 Genoa Street August 11, 2020 – Page 13 of 13 reduction and recycling requirements, and National Pollutant Discharge Elimination System (NPDES) measures to the satisfaction of the Building Official, Fire Marshal, Public Works Services Director, and Planning & Community Development Administrator. Compliance with these requirements is to be determined by having fully detailed construction plans submitted for plan check review and approval by the foregoing City officials and employees. 28. 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. 29. Approval of MFADR 20-01, TTM 20-01 (82953), and TRH 20-03 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 project, the Commission should move to approve Multiple Family Architectural Design Review No. MFADR 20-01, Tentative Tract Map No. TTM 20-01 (82953), and Protected Healthy Tree Removal Permit No. TRH 20-03, state that the proposal satisfies the requisite findings, and adopt the attached Resolution No. 2062 that incorporates the requisite environmental and subdivision findings, and the conditions of approval as presented in this staff report, or as modified by the Commission. Denial If the Planning Commission is to deny this project, the Commission should state the specific findings that the proposal does not satisfy based on the evidence presented with specific reasons for denial, and move to deny Multiple Family Architectural Design Review No. MFADR 20-01, Tentative Tract Map No. TTM 20-01 (82953), and Protected Healthy 16 Resolution No. 2062 - MFADR 20-01, TTM 20-01 (82953), and TRH 20-03 416 – 428 Genoa Street August 11, 2020 – Page 14 of 13 Tree Removal Permit No. TRH 20-03 and direct staff to prepare a resolution for adoption at the next meeting that incorporates the Commission’s decision and specific findings. If any Planning Commissioner, or other interested party has any questions or comments regarding this matter prior to the August 11, 2020, Planning Commission Meeting, please contact Associate Planner, Christine Song at (626) 574-5447, or csong@ArcadiaCA.gov. Approved: Lisa L. Flores Planning & Community Development Administrator Attachment No. 1: Resolution No. 2062 Attachment No. 2: Aerial Photo with Zoning Information and Photos of the Subject Property and Vicinity Attachment No. 3: Tentative Tract Map No. TTM 20-01 (82953) Attachment No. 4: Architectural Plans Attachment No. 5: Arborist Report, dated April 3, 2020 Attachment No. 6: Preliminary Exemption Assessment 17 Attachment No. 1 Attachment No. 1 Resolution No. 2062 18 RESOLUTION NO. 2062 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING MULTIPLE FAMILY ARCHITECTURAL DESIGN REVIEW NO. MFADR 20-01, TENTATIVE TRACT MAP NO. TTM 20-01 (82953), AND PROTECTED HEALTHY TREE REMOVAL PERMIT NO. TRH 20-03 WITH A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”) FOR AN EIGHT-UNIT MULTI-FAMILY RESIDENITAL CONDOMINIUM DEVELOPMENT LOCATED AT 416 – 428 GENOA STREET WHEREAS, on January 2, 2020, a Multiple Family Architectural Design Review No. MFADR 20-01, a Tentative Tract Map No. TTM 20-01 (82953), and a Protected Healthy Tree Removal Permit No. TRH 20-03 application, collectively referred to as the “Project” were filed by Chao Yin Tang on behalf of the property owner, 416 – 428 Genoa Investment LLC, for an eight-unit multi-family residential condominium development which requires subdivision of the airspace located at 416 – 428 Genoa Street; and WHEREAS, on July 7, 2020, Planning Services completed an environmental assessment for the Project in accordance with the California Environmental Quality Act (“CEQA”), and recommended that the Planning Commission determine the Project is exempt under CEQA per Section 15332 of the CEQA Guidelines because the Project is considered an in-fill development project; and WHEREAS, on August 11, 2020, a duly-noticed public hearing was held before the Planning Commission on said Project, 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 HEREBY RESOLVES AS FOLLOWS: SECTION 1. That the factual data submitted by the Community Development Division in the staff report dated August 11, 2020, are true and correct. 19 2 SECTION 2. This Commission finds, based upon the entire record: A. The proposed map, subdivision design, and improvements are consistent with the General Plan, any applicable specific plan, and the Subdivisions Division of the Development Code: FACT: The Project is consistent with the General plan Medium Density Residential Land Use designation. The Medium Density Residential designation is intended to accommodate medium density attached and/or detached residential units, within the appropriate neighborhoods. The R-2 zone is intended to provide areas for a variety of medium density residential development such as condominiums. The Project is in conformance with the City’s General Plan, Development Code, and the Subdivision Map Act. The site is physically suitable for the Project and the architectural design for the Project is compatible with the scale and character of the existing neighborhood. The Project 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 consistent with the City’s land use and compatible with surrounding existing uses. • Policy LU-4.1: Require that new multi-family residential development be visually and functionally integrated and consistent in scale, mass, and character with structures in the surrounding neighborhood. B. The site is physically suitable for the type and proposed density of development: 20 3 FACT: The R-2 zone has a minimum density of two dwelling units per lot and a maximum density of one unit per 3,750 square feet of lot area. Based on the total lot area of 31,443 square feet, this calculates to a minimum of two (2) units and a maximum of eight (8) units for the subject property. The Project complies with the density requirements. In addition, there are no physical constraints that hinder the development of this site for residential condominiums. C. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat: FACT: The Project is a minor subdivision of an infill site within an urbanized area; therefore, it will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. D. The design of the subdivision or type of improvements is not likely to cause serious public health or safety problems: FACT: The Project is to subdivide the air space for an eight-unit multi-family condominium development. The construction of the eight (8), multi-family residential units is being done in compliance with Building and Fire Codes and all other applicable regulations. The proposed density will be within the maximum allowed by the R-2 zone and the City’s existing infrastructure will adequately serve the new development. In addition, the Project meets all health and safety requirements, and will not cause any public health or safety problems. E. The design of the subdivision or the type of improvements will not conflict with easements acquired by the public at large for access through or use of, property within 21 4 the proposed subdivision (This finding shall apply only to easements of record or to easements established by judgement of a court of competent jurisdiction and no authority is hereby granted to a legislate body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision): FACT: The Project does not conflict with any easements acquired by the public at large for access through or use of, property within the proposed subdivision. Based on the tentative tract map, there are no known easements on the subject properties. F. The discharge of sewage from the proposed subdivision into the community sewer system will not result in violation of existing requirements specified by the California Regional Water Quality Control Board: FACT: The Arcadia Public Works Services Department determined that the City’s existing infrastructure will adequately serve the Project, and the requirements of the California Regional Water Quality Control Board will be satisfied. G. The design of the subdivision provides, to the extent feasible, passive or natural heating and cooling opportunities: FACT: The Project has been reviewed by Building Services to ensure compliance with the California Building Code, which includes requirements associated with heating and cooling requirements. H. The proposed subdivision, its design, density, and type of development and improvements conforms to the regulation of the Development Code and the regulations of any public agency having jurisdiction by law: FACT: The Project, as conditioned, complies with the density requirements of the City’s Development Code, and all the improvements required for the site and each unit 22 5 will comply with the regulations in the City’s Development Code. The Project includes the removal of two (2) protected Camphor trees, both located in the rear yard area. Due to excavations and loss of 40 to 50 percent of their canopies for required structural clearance, the trees will not survive the construction phase and would suffer severe root loss. The Project will provide four (4) replacement trees for the loss of these two trees and at least two (2) new trees will be required to be planted within the front yard area to provide adequate landscaping along the street frontage. I. The proposal is consistent with the City’s Multifamily Residential Design Guidelines: FACT: The Project is located within the Medium Density Residential (R-2) Zone, which is intended to provide a variety of medium density residential development. The proposed massing, scale, quality of the design and the proposed landscaping are compatible with other developments in the surrounding neighborhood. The Project will be compatible with other existing multi-family developments on Genoa Street and in the surrounding areas. In addition, the Project is consistent with the City’s Multifamily Residential Design Guidelines. SECTION 3. Pursuant to the provisions of the California Environmental Quality Act (“CEQA”), this Project is a Class 32 Categorical Exemption as an infill-development project per Section 15332 of the CEQA Guidelines. SECTION 4. For the foregoing reasons the Planning Commission determines that the Project is Categorically Exempt under the California Environmental Quality Act (“CEQA”) Section 15332 , Class 32, and approves Multiple Family Architectural Design Review No. MFADR 20-01, Tentative Tract Map No. TTM 20-01 (82953), and Protected 23 24 7 Page Intentionally Left Blank 25 8 RESOLUTION NO. 2062 Conditions of Approval 1. The proposed street facing Juliette style balconies on Units #416 and #424 shall not encroach into the required front yard setback. 2. Any required mechanical equipment, such as backflow devices, visible from the public right-of-way shall be screened from public view. Screening may include landscaping, solid walls or other methods deemed appropriate for the development. The placement and height of said screening shall subject to review and approval by the Planning & Community Development Administrator, or designee. 3. 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 MFADR 20-01, TTM 20-01 (82953), and TRH 20-03, subject to the approval of the Planning & Community Development Administrator, or designee. 4. Four (4) 24-inch box trees (comparable species as the trees being removed) shall be planted as replacement trees. At least two 24-inch box trees shall be planted in the front yard area. The remaining trees shall be at least 24-inch box trees and they shall be located where there is adequate room for growth. The trees shall be shown on the final landscape plan that is submitted to Building Services for plan check, subject to review by the Planning & Community Development Administrator, or designee, to ensure compliance with this condition. 5. The Owner/Applicant will be required to pay the following fees prior to approval of the Tract Map: Map Fee $100.00 Final Approval Fee (1 lot @ $25.00 ea.) $ 25.00 TOTAL $125.00 6. Prior to approval of the Tract Map, submit a separate demolition and erosion control plan prepared by a registered civil engineer, and demolish all existing structures. 7. Prior to occupancy, the Owner/Applicant shall: • Remove and replace existing curb and gutter from property line to property line • Construct sidewalk from property line to property line • Coordinate with Public Works Services on replacement or protection of street trees 26 9 • Install new driveway approach per City Standard plan. 8. A Standard Urban Stormwater Mitigation Plan is required and shall be reviewed and approved by the City Engineer or designee, prior to the issuance of a building permit. 9. Project shall comply with Chapter 35A Multiple Family Construction Standards as amended in the Arcadia Municipal Code Section 8130.20. 10. All utility conductors, cables, conduits and wiring supplying electrical, cable and telephone service to a multiple family building shall be installed underground except risers which are adjacent to and attached to a building. 11. Grading plans shall be submitted to, and approved by Building & Safety. The grading plans shall indicate all site improvements, and shall indicate complete drainage paths of all drainage water run-off. 12. Permits are required prior to the removal and/or demolition of structures. 13. The project 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 14. All structures shall be provided with an automatic fire sprinkler system per the City of Arcadia Fire Department’s Multi-Family Dwelling Sprinkler Standard. 15. The automatic driveway gate shall be provided with a knox switch. 16. A six inch (6”) cast iron water main with 70 psi static pressure is available on Genoa Street to serve the subject address. The Owner/Applicant shall provide calculations to determine the total combined maximum domestic and fire demand, and verify the water service size required. 17. Condominium or townhouse complexes of more than 5 individual units shall be served by a common domestic master water meter and service capable of supplying sufficient water to meet all domestic and fire suppression needs of the total number of units. 27 10 18. In the event that fire suppression is common to the complex, a separate fire service shall be required as directed by the Fire Marshal. 19. If a common water service is to be used to supply both domestic water and fire sprinklers, the Owner/Applicant shall separate the fire service from domestic water service at each unit with an approved back flow prevention device. 20. All condominiums shall require a separate water service and meter for common area landscape irrigation. 21. A Water Meter Clearance Application shall be submitted to the Public Works Services Department prior to permit issuance. 22. New water service installation shall be completed by the Owner/Applicant. Installation shall be according to the specifications of the Public Works Services Department, Engineering Section. Abandonment of existing water services, if necessary, shall be carried out by the Owner/Applicant, according to Public Works Services Department, Engineering Section specifications. 23. If any drainage fixture elevation is lower than the elevation of the next upstream manhole cover (445.14’), an approved backwater valve shall be required. 24. The two (2) trees in the parkway shall be removed with a permit from Public Works and they shall be replaced with 2 – 24” box Crape Myrtles. Locations shall be determined by the PW Inspector. 25. The proposed project shall be subject to LID requirements. These requirements include but are not limited to using infiltration trenches, bio-retention planter boxes, roof drains connected to a landscaped area, pervious concrete/paver, etc. 26. Ensure that the trash enclosure will accommodate trash, recycling and green waste bins. There shall be 1 foot clearance around the trash, recycling and green waste bins. 27. The 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 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. 28. 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, 28 11 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. 29. Approval of MFADR 20-01, TTM 20-01 (82953), and TRH 20-03 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. ---- 29 Attachment No. 2 Attachment No. 2 Aerial Photo with Zoning Information & Photos of the Subject Property and Vicinity 30 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.): R-2 Number of Units: MDR Property Characteristics 1953 810 3 416 428 GENOA INVESTMENT LLC Site Address:416 GENOA ST Parcel Number: 5779-019-007 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: N/A N/A N/A N/A Special Height Overlay: N/A Parking Overlay: Racetrack Event Overlay: This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. Report generated 25-Jul-2020 Page 1 of 1 31 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.): R-2 Number of Units: MDR Property Characteristics 1953 810 4 416 428 GENOA INVESTMENT LLC Site Address:422 GENOA ST Parcel Number: 5779-019-005 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: N/A N/A N/A N/A Special Height Overlay: N/A Parking Overlay: Racetrack Event Overlay: This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. Report generated 25-Jul-2020 Page 1 of 1 32 Subject Site – 416 – 428 Genoa Street 33 East of subject site West of subject site 34 Northwest of subject site Northeast of subject site 35 South of the subject site 36 Attachment No. 3 Attachment No. 3 Tentative Tract Map No. TTM 20-01 (82953) 37 38 39 Attachment No. 4 Attachment No. 4 Architectural Plans 40 41 42 43 44 45 46 47 2-CAR GARAGE2-CAR GARAGE2-CAR GARAGE2-CAR GARAGE2-CAR GARAGE2-CAR GARAGE2-CAR GARAGE2-CAR GARAGE NEW PARKWAY139.89'226.30'226.31'138.01'NEW SIDEWALK416 - 430 GENOA ST(E) 6' H. BLOCK WALL TO REMAIN(E) 6' H. BLOCK WALL TO REMAIN(E) 6' H. BLOCK WALL TO REMAIN#416(MODEL 1)#418(MODEL 2)#420(MODEL 2)#422(MODEL 2)#426(MODEL 2)#428(MODEL 2)#430(MODEL 2)#424(MODEL 1)10'05'CONC.GUESTPARKINGCONC.GUESTPARKINGCONC.GUESTPARKINGCONC.GUESTPARKINGGMSCET.GM GM GMGM GM GM GMMB2'-0"6'-0"2'-0"6'-0"8" CITRUS TREE TO BE REMOVEDEXISTING TREE LEGENDE3E4E1E2E520" LIQUIDAMBAR TREE TO BE REMOVEDE6E9E10E7E8E11E1212" COMPHOR TREE TO BE REMOVED18" LIQUIDAMBAR TREE TO BE REMOVED26" AVOCADO FRUIT TREE TO BE REMOVED4" MULTI TRUNK CRAPE MYRTLE TO BEREMOVED12" CRAPE MYRTLE TREE TO BE REMOVED6" MULTI TRUNK CRAPE MYRTLE TO BEREMOVED6" 10" MULTI TRUNK ARBORVITA TREE TO BEREMOVED4" PRUNUS HEDGE TO REMAIN17" CARROTWOOD TREE TO BE REMOVED18" COMPHOR TREE TO BE REMOVEDHARDSCAPE LEGENDPLANTING LEGEND5(9,6,216%<'$7(6&$/('5$:1-2%6+((72)6+((76352-(&71$0(6+((77,77/(-<&/$1'6&$3(3+21(  (PDLOMHQQ\K\H#\DKRRFRP8 UNIT CONDOMINIUMS416 - 430 GENOA ST. ARCADIA, CA 91006Renewl DateSignatureDateDateCONCEPTUAL LANDSCAPE PLAN48 Attachment No. 5 Attachment No. 5 Arborist Report, Dated April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ttachment No. 6 Attachment No. 6 Preliminary Exemption Assessment 53 Preliminary Exemption Assessment FORM “A” PRELIMINARY EXEMPTION ASSESSMENT (Certificate of Determination When Attached to Notice of Exemption) Date: July 7, 2020 Staff: Christine Song, Associate Planner 1. Name or description of project: MFADR 20-01, TTM 20-01 (82953), and TRH 20-03 – A tentative tract map for an eight-unit residential condominium development with a Categorical Exemption under the California Environmental Quality Act (“CEQA”) 2. Project Location – Identify street address and cross streets or attach a map showing project site (preferably a USGS 15’ or 7 1/2’ topographical map identified by quadrangle name): 416-430 Genoa Street (3rd Avenue and 5th Avenue) 3. Entity or person undertaking project: A. B. Other (Private) (1) Name 416-428 Genoa Investment, LLC (2) Address 1801 S. First Avenue Arcadia CA 91006 4. Staff Determination: The Lead Agency’s Staff, having undertaken and completed a preliminary review of this project in accordance with the Lead Agency's "Local Guidelines for Implementing the California Environmental Quality Act (CEQA)" has concluded that this project does not require further environmental assessment because: a. The proposed action does not constitute a project under CEQA. b. The project is a Ministerial Project. c. The project is an Emergency Project. d. The project constitutes a feasibility or planning study. e. The project is categorically exempt. Applicable Exemption Class: 15332 – Class 32 (In-fill development project) 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: 54 DATE: August 11, 2020 TO: Honorable Chairman and Planning Commission FROM: Lisa L. Flores, Planning & Community Development Administrator By: Christine Song, Associate Planner SUBJECT: RESOLUTION NO. 2063 – APPROVING CONDITIONAL USE PERMIT NO. CUP 20-09 WITH A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) TO ALLOW THE SALE OF BEER, WINE, AND DISTILLED SPIRITS FOR OFF-SITE CONSUMPTION AND EXTENDED HOUR S OF OPERATION FOR A NEW GROCERY STORE (DBA: GROCERY OUTLET) AT 165 E. FOOTHILL BLVD. Recommendation: Adopt Resolution No. 2063 SUMMARY The Applicant, Grocery Outlet, is requesting approval of Conditional Use Permit Application No. CUP 20-09 to allow the sale of beer, wine, and distilled spirits for off-site consumption and extended hours of operation, for more than 16 hours per day for a new grocery store within an existing 17,035 square foot commercial unit at 165 E. Foothill Blvd. The subject unit is part of a larger existing multi-tenant commercial center known as The Shoppes at the Highlander Center. It is recommended that the Planning Commission adopt Resolution No. 2063 (refer to Attachment No. 1) and find that the project is Categorically Exempt under CEQA and approve CUP 20-09, subject to the conditions listed in this staff report. BACKGROUND The subject commercial unit is located in The Shoppes at the Highlander Center, which is a 56,910 square foot multi-tenant shopping center located on a 5.2 acre (227,495 square feet) irregularly shaped lot (see Figure 1). The property is located along E. Foothill Boulevard, between Highland Oaks Drive and North 2nd Avenue, and has access from either E. Foothill Boulevard or North 2nd Avenue. The project site is zoned General Commercial, C-G, with a General Plan Land Use Designation of Commercial - refer to 55 Resolution No. 2063 - CUP 20-09 165 E. Foothill Blvd. August 11, 2020 Page 2 of 9 N Attachment No. 2 for an Aerial Photo with Zoning Information and Photos of the subject property. The property is surrounded by single family residences to the north, east, and west, with commercial uses to the south. The subject unit is currently occupied by a Rite Aid pharmacy since 2001 and will be vacated later this year when the applicant takes over the unit. Grocery Outlet is proposing to takeover this space and convert it into a grocery store. PROPOSAL The Applicant, Grocery Outlet, is requesting approval of a Conditional Use Permit (CUP) to allow the sale of beer, wine, and distilled spirits with a Type 21 (Off-Sale General) license from ABC and extended hours of operation, to operate for more than 16 hours per day for a new grocery store. The proposed business hours are from 6:00 a.m. to 11:00 p.m., daily. The existing 17,035 square foot, one-story commercial unit is currently occupied by a Rite Aid pharmacy. Their business hours are from 8:00 a.m. to 10:00 p.m., daily. Grocery Outlet is a franchise chain of grocery stores that offers discounted groceries and household products that are of name brands. The company has over 300 stores Figure 1 - Aerial of subject site 56 Resolution No. 2063 - CUP 20-09 165 E. Foothill Blvd. August 11, 2020 Page 3 of 9 nationwide with nearest locations in San Gabriel, Rosemead, Duarte, and one new location in Arcadia at 140 E. Live Oak Avenue, which was recently approved for the sale of beer, wine, and distilled spirits (Conditional Use Permit No. CUP 20-08) by the Planning Commission in July of this year, but it is now pending subject to the City Council’s review from an appeal. The project site will require minor tenant improvements to accommodate the grocery store use such as installation of walk-in refrigeration, wall racks and shelves, replacement of existing doors, and remodeling of unisex restrooms. Any exterior alterations to the existing building and the construction of an outdoor shopping cart corral along with the shopping cart retrieval plan will be handled under a separate Design Review application, as noted in the conditions of approval. The proposed floor plan (refer to Attachment No. 3) shows the interior layout of the store with the alcohol section in the southeast corner, adjacent to the checkout stations. Grocery Outlet sells a wide variety of craft beers, wines, and distilled spirits which are typically displayed on open shelves at all their store locations (see Figure 2). ANALYSIS The Development Code states that any business selling alcoholic beverages for off-site consumption, which is open for more than 16 hours per day (or between midnight and 6:00 a.m.) and is located less than 150 feet from residentially zoned property is subject to a Conditional Use Permit (CUP). The purpose of the CUP is to ensure that the proposed alcohol sales is an appropriate use for the property and is compatible with other uses in the surrounding neighborhood. The proposed business hours are from 6:00 am. – 11:00 p.m., daily, which is typical for supermarkets. Within the same shopping center, McDonald’s is open from 5:00 a.m. to midnight, daily. Additionally, the nearby Ralphs, which is a block away from this site, is open from 6:00 a.m. to midnight, daily. Therefore, the extended hours of operation are not uncommon in this neighborhood. In terms of parking, the subject property has a total of 279 on-site parking spaces, which serves all the commercial tenants within the shopping center. There will be no changes to parking since the proposed use has the same parking requirement as the previous use that occupied the building, which is 1 space for every 200 square feet of gross floor area for retail. The applicant will construct an outdoor shopping cart corral within the existing Figure 2 – Photo of a Grocery Outlet Store Alcohol Sales Section 57 Resolution No. 2063 - CUP 20-09 165 E. Foothill Blvd. August 11, 2020 Page 4 of 9 parking lot, but this will be reviewed and processed under a separate application, which staff will closely analyze. The sale of beer, wine, and distilled spirits for off-site consumption with extended hours of operation can be found at almost all conventional grocery stores and is not an unusual request. As a retail use, the proposed sale of alcohol is consistent with the C-G zoning of this site. Allowing this use would not result in an adverse impact to the neighboring businesses or properties since all development standards will be met and on-site consumption will not be permitted. Allowing the sale of beer, wine, and distilled spirits for off-site consumption will serve a “public convenience and necessity” and the Applicant will be required to comply with the California Department of Alcoholic Beverage Control (“ABC”) regulations. With regards to public safety issues, the Fire Department, Police Department, and Building Services have reviewed the CUP application and no objections or concerns were raised by any of the departments for the proposed use. FINDINGS Section 9107.09.050 of the Arcadia Municipal 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 sale of beer, wine and distilled spirits in grocery stores is consistent with the Commercial Land Use Designation of the site and it will not adversely impact the objectives of the General Plan. The Commercial designation is intended to permit a wide range of commercial uses, which serve both neighborhood and citywide markets. The sale of alcohol and extended hours of operation for more than 16 hours, but up until 11:00 PM will provide the general public the goods and services typically found in grocery stores that serves the residents within the nearby neighborhoods, and the proposed request will remain as an incidental use to the grocery store. Therefore, the grocery store along with the sale of alcohol and the extended hours of operation is consistent with the General Plan and the following policy: Land Use and Community Design Element x Policy LU-6.5: Where mixed use is permitted, promote commercial uses that are complementary to adjacent residential 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. 58 Resolution No. 2063 - CUP 20-09 165 E. Foothill Blvd. August 11, 2020 Page 5 of 9 Facts to Support This Finding: The subject property is zoned C-G, General Commercial, which allows for a variety of retail and commercial uses, including a grocery store that is allowed by-right in this zone. Since the sale of the alcoholic beverages is incidental to the grocery store, and will only occupy a small area in comparison to the entire grocery store, the proposed request will not change the characteristics of a retail use that is typically found in a neighborhood commercial center. As for the extended hours of operating for more than 16 hours per day and until 11:00 p.m., these hours are typical of supermarkets to provide ongoing services to the residents. The Ralphs market, which is located one block away from this site, also operates for more than 16 hours per day and is open until midnight. Therefore, the proposed request complies with all the applicable provisions of the Development Code and 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 sale of alcohol will be located within an existing commercial building and limited to one area of the market. The proposed sale of alcohol will not affect nor change the way a grocery store is operated. Selling alcohol will not change the operating characteristics of a grocery store and it will be compatible with other markets that sell alcohol such as Ralphs, which is located one block away from this site. If anything, this would be more of a convenience for the shoppers to purchase multiple goods in one location. This will not create any potential negative impacts since on-site consumption is not allowed. The Applicant’s proposed business hours are from 6:00 a.m. – 11:00 p.m., daily, which is consistent with the nearby Ralphs, which is open from 6:00 a.m. – midnight, daily. A grocery store with alcohol sales is a common commercial use found near residential neighborhoods and commercial corridors since it provides goods and services to the residents. Therefore, the proposal is 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 subject site is physically suitable to accommodate the proposed use because the sale of alcohol will take place inside the existing commercial building as part of the grocery store use. There will be a designated area in the southeast corner of the store where the beer, wine, and distilled spirits will be displayed on open shelves. There will be no changes or impacts to parking since the proposed use has the same parking requirement as the previous use that occupied the building. The site is adequate in size and shape 59 Resolution No. 2063 - CUP 20-09 165 E. Foothill Blvd. August 11, 2020 Page 6 of 9 to accommodate the proposed use, as there will be no exterior changes to the existing building. 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 property is located along E. Foothill Blvd., between Highland Oaks Drive and North 2nd Avenue and has access from either E. Foothill Blvd. or North 2nd Avenue. Both streets are adequate in width and pavement type to carry the traffic generated by the proposed use and emergency vehicles. Therefore, 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 proposed use has been reviewed by the Arcadia Fire and Police Departments and no safety concerns were raised from the previous use and under this new potential tenant. 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 an existing commercial building. There are adequate utilities to service this site and business, so the proposed use will not impact the existing infrastructure as the site is capable of handling this type of demand. 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: As a commercial use, the proposed sale of beer, wine, and distilled spirits for off-site consumption with extended hours of operation is consistent with the zoning of this site. Allowing the sale of beer, wine, and distilled spirits for off-site consumption will serve a “public convenience and necessity” and is in accordance with the City’s policies to attract new businesses to enhance the economic base. It will improve the ability of this grocery store to compete with other nearby stores and will not result in an adverse impact to the neighboring businesses or properties; nor will it create a public nuisance. The Applicant will be required to comply with the California Department of Alcoholic Beverage Control (“ABC”) regulations. In addition, the Arcadia Police and Fire 60 Resolution No. 2063 - CUP 20-09 165 E. Foothill Blvd. August 11, 2020 Page 7 of 9 Departments have reviewed the application and did not have any concerns. Therefore, the proposed use will not adversely affect the public convenience, health, interest, safety, or general welfare of adjacent uses in the vicinity and zone of the subject property. ENVIRONMENTAL ANALYSIS 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 as it concerns adding alcohol sales to an existing permitted use and so is considered a negligible or no expansion of the use (refer to Attachment No. 4). PUBLIC 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 Arcadia Weekly on July 30, 2020. As of August 6, 2020, staff has not received any comments or concerns from the public. RECOMMENDATION It is recommended that the Planning Commission adopt Resolution No. 2063 and find that this project is Categorically Exempt under the California Environmental Quality Act (CEQA), and approve Conditional Use Permit No. CUP 20-09 subject to the following conditions of approval: 1. The use approved by Conditional Use Permit No. CUP 20-09 is limited to the sale of beer, wine, and distilled spirits (Type 21 ABC license), for off-site consumption within an existing 17,035 square foot commercial unit and must be incidental to the grocery store. No on-site consumption is permitted with this approval. The business shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 20-09, and shall be subject to periodic inspections, after which the provisions of this Conditional Use Permit may be adjusted by the Planning & Community Development Administrator, or designee, after due notice to address any adverse impacts to the neighboring businesses and properties. 2. The business hours shall be limited to 6:00 a.m. to 11:00 p.m., daily. 3. No exterior changes to the existing building are permitted with this approval. Any exterior changes to the building and/or on-site improvements to the parking lot area, including new cart corrals shall be subject to a Site Plan and Design Review application. 61 Resolution No. 2063 - CUP 20-09 165 E. Foothill Blvd. August 11, 2020 Page 8 of 9 4. There shall be no excessive loitering in front of the business. 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. 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 to the satisfaction of the Building Official, City Engineer, Planning & Community Development Administrator, Fire Marshal, and Public Works Services Director. Any changes to the existing facility may be subject to having fully detailed plans submitted for plan check review and approval by the aforementioned City officials and employees, and may be subject to building permits. 7. Noncompliance with the plans, provisions and conditions of approval for CUP 20- 09 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the business. 8. 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. 9. Approval of CUP 20-09 shall not be of effect unless on or before 30 calendar days after Planning Commission adoption of the Resolution, the property owner and 62 Resolution No. 2063 - CUP 20-09 165 E. Foothill Blvd. August 11, 2020 Page 9 of 9 Applicant have executed and filed with the Planning & Community Development Administrator or designee an Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. PLANNING COMMISSION ACTION Approval If the Planning Commission intends to approve this proposal, the Commission should pass a motion to approve Conditional Use Permit No. CUP 20-09, stating that the proposal satisfies the requisite findings, and adopt the attached Resolution No. 2063 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 pass a motion to deny Conditional Use Permit Application No. CUP 20-09; state the finding(s) that 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 Commission’s decision and specific findings. If any Planning Commissioner, or other interested party has any questions or comments regarding this matter prior to the August 11, 2020, hearing, please contact Associate Planner Christine Song at (626) 574-5447, or CSong@ArcadiaCA.gov. Approved: Lisa L. Flores Planning & Community Development Administrator Attachment No. 1: Resolution No. 2063 Attachment No. 2: Aerial Photo with Zoning Information & Photos of the Subject Property Attachment No. 3: Architectural Plans Attachment No. 4: Preliminary Exemption Assessment 63 Attachment No. 1 Attachment No. 1 Resolution No. 2063 64 1 RESOLUTION NO. 2063 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 20-09 WITH A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”) TO ALLOW THE SALE OF BEER, WINE, AND DISTILLED SPIRITS FOR OFF-SITE CONSUMPTION AND EXTENDED HOURS OF OPERATION FOR A NEW GROCERY STORE (DBA: GROCERY OUTLET) WITHIN AN EXISTING 17,035 SQUARE FOOT COMMERCIAL UNIT AT 165 E. FOOTHILL BLVD WHEREAS, on July 1, 2020, an application for Conditional Use Permit No. CUP 20-09 was filed by the business owner, Grocery Outlet (“Applicant”) to allow the sale of beer, wine, and distilled spirits for off -site consumption and extended hours of operation , for more than 16 hours per day for a new grocery store (dba: Grocery Outlet) within an existing commercial unit at 165 E. Foothill Blvd (the “Project”); and WHEREAS, on July 23, 2020, Planning Services completed an environmental assessment for the Project in accordance with the California Environmental Quality Act (“CEQA”) and recommends that the Planning Commission determine that the Project qualifies as a Class 1 Categorical Exemption under CEQA pursuant to Section 15301 (a) of the CEQA Guidelines as it concerns adding alcohol sales to an existing permitted use and so is considered a negligible or no expansion of the use ; and WHEREAS, on August 11, 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 August 11, 2020 are true and correct. 65 2 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. 1. The proposed use is consistent with the General Plan and any applicable specific plan. FACT: Approval of the Project is consistent with the Commercial Land Use Designation of the site and it will not adversely impact the objectives of the General Plan. The Commercial designation is intended to permit a wide range of commercial uses, which serve both neighborhood and citywide markets. The sale of alcohol and extended hours of operation for more than 16 hours, but up until 11:00 PM , wi ll provide the general public the goods and services typically found near residential neighborhoods, and the Project will remain as an incidental use to the grocery store. Therefore, the Project is consistent with the General Plan and the following policy: Land Use and Community Design Element Policy LU-6.5: Where mixed use is permitted, promote commercial uses that are complementary to adjacent residential 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. FACT: The subject property is zoned C-G, General Commercial, which allows for a variety of retail and commercial uses, including a grocery s tore that is allowed by-right in this zone. Since the sale of the alcoholic beverages is incidental to the grocery store, and will only occupy a small area in comparison to the entire grocery store, the Project will not 66 3 change the characteristics of a retail use that is typically found in a neighborhood commercial center. As for the extended hours of operating for more than 16 hours per day and until 11:00 p.m., these hours are typical of supermarkets to provide ongoing services to residents. The Ralphs market, which is located one block away from this site, also operates for more than 16 hours per day and is open until midnight. Therefore, the Project complies with all the applicable provisions of the Development Code and 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 Project will be located within an existing commercial building and will be limited to one area of the market. The Project will not affect nor change the way a grocery store is operated. Selling alcohol will not change the operating characteristic s of a grocery store and it will be compatible with other markets that sell alcohol such as Ralphs, which is located one block from this site. If anything, this would be more of a convenience for shoppers to purchase multiple goods in one location. This will not create any potential negative impacts since on-site consumption is not allowed. The Applicant’s proposed business hours are from 6:00 a.m. – 11:00 pm., daily, which is consistent with the nearby Ralphs, which is open from 6:00 a.m. – midnight, daily. A grocery store with alcohol sales is a common commercial use found near residential neighborhoods and commercial corridors since it provides goods and services to the residents. Therefore, the Project is 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, 67 4 parking, spaces, walls, yards, and other features required to adjust the use with the land and uses in the neighborhood; FACT: The subject site is physically suitable to accommodate the Project because the sale of alcohol will take place inside the existing commercial building as part of the grocery store use. There will be a designated area in the southeast corner of the store where the beer, wine, and distilled spirits will be displayed on open shelves. There will be no changes or impacts to parking since the Project has the same parking requirement as the previous use that occupied the building. The s ite is adequate in size and shape to accommodate the Project, as there will be no exterior changes to the existing building. B. Streets and highways adequate in width and pavement type to accommodate public and emergency vehicle (e.g., fire and medical) access; FACT: The property is located along E. Foothill Blvd., between Highland Oaks Drive and North 2nd Avenue, and has access from either E. Foothill Blvd. or North 2nd Avenue. Both streets are adequate in width and pavement type to carry the traffic generated by the Project and emergency vehicles. Therefore, the Project will not impact these rights-of-way. C. Public protection services (e.g., fire protection, police protection, etc.); and FACT: The Project has been reviewed by the Arcadia Fire and Police Departments and no safety concerns were raised from the previous use when Rite Aid sold alcohol and no concerns were raised for the Applicant. D. The provision of utilities (e.g., potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, disposal, etc.). 68 5 FACT: The subject property is developed with an existing commercial building. There are adequate utilities to service this site and busines s, so the Project will not impact the existing infrastructure as the site is capable of handling this type of demand. 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. FACT: As a commercial use, the Project is consistent with the zoning of this site. Allowing the sale of beer, wine, and distilled spirits for off -site consumption with extended hours of operation will serve a “public convenience and necessity” and is in accordance with the City’s policies to attract new businesses to enhance the economic base. It will improve the ability of the Applicant to compete with other nearby stores and will not result in an adverse impact to the neighboring businesses or properties ; nor will it create a public nuisance. The Applicant will be required to comply with the California Department of Alcoholic Beverage Control (“ABC”) regulations. In addition, the Arcadia Police and Fire Departments have reviewed the Project and did not have any concerns. Therefore, the Project will not adversely affect the public convenience, health, interest, safety, or general welfare of adjacent uses in the vicinity and zone of the subject property. 6. This Project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines as it concerns adding 69 70 7 Page Internationally Left Blank 71 8 RESOLUTION NO. 2063 Conditions of Approval 1. The use approved by Conditional Use Permit No. CUP 20-09 is limited to the sale of beer, wine, and distilled spirits (Type 21 ABC license), for off -site consumption within an existing 17,035 square foot commercial unit. No on-site consumption is permitted with this approval. The business shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 20-09, and shall be subject to periodic inspections, after which the provisions of this Conditional Use Permit may be adjusted by the Planning & Community Development Administrator, or designee, after due notice to address any adverse impacts to the neighboring businesses and properties. 2. The business hours shall be limited to 6:00 a.m. to 11:00 p.m., daily. 3. No exterior changes to the existing building are permitted with this approval. Any exterior changes to the building and/or on-site improvements to the parking l ot area, including new cart corrals shall be subject to a Site Plan and Design Review application. 4. There shall be no excessive loitering in front of the business. 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. All City requirements regarding disabled access and facili ties, occupancy limits, building safety, health code compliance, emergency equipment, environmental regulation compliance, and parking and site design shall be complied with to the satisfaction of the Building Official, City Engineer, Planning & Community Development Administrator, Fire Marshal, and Public Works Services Director. Any changes to the existing facility may be subject to having fully detailed plans submitted for plan check review and approval by the aforementioned City officials and employees, and may be subject to building permits. 7. Noncompliance with the plans, provisions and conditions of approval for CUP 20- 09 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the business. 72 9 8. 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. 9. Approval of CUP 20-09 shall not be of effect unless on or before 30 calendar days after Planning Commission adoption of the Resolution, the property owner and Applicant have executed and filed with the Planning & Commun ity Development Administrator or designee an Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. ---- 73 Attachment No. 2 Attachment No. 2 Aerial Photo with Zoning Information & Photos of the Subject Property and Vicinity 74 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 1966 17,000 0 HIGHLANDER CENTER LLC C/O GLOBE PROPERTIES Site Address:121 E FOOTHILL BLVD Parcel Number: 5771-021-029 N/A Zoning: General Plan: N/A Downtown Overlay: Downtown Parking Overlay: Architectural Design Overlay:Yes N/A N/A N/A Residential Flex Overlay: N/A N/A N/A Yes 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 29-Jul-2020 Page 1 of 1 75 Grocery Outlet 165 E. Foothill Blvd., Arcadia, CA Aerial Photo Aerial Photo Looking South 76 Grocery Outlet 165 E. Foothill Blvd., Arcadia, CA Front of Store Back of the Store 77 Attachment No. 3 Attachment No. 3 Architectural Plans 78 PROPOSED GROCERY OUTLET±17,000 SFEFOOTHILLBLVDN 2ND AVE S A N T AAN I T AWAS H PLAN NORTHTRUE NORTH(E) ADA PARKING STALLS, SEE(E) ADA PARKING STALLS, SEEACCESSIBLE PATH OF TRAVEL2/ A100(E) ADA PARKINGSTALLS, SEE2/ A1002/ A100(N) CART CORRAL,36" WIDEWHEELBLOCKS, TYP.SHEET NOTES1. GC TO FIELD VERIFY FOR ANY NON-COMPLIANT OR ACCESSIBILITY DEFICIENCIES AND NOTIFY GO CM FOR DIRECTION PRIOR TO PROCEEDING.2. EXISTING ACCESSIBLE PATH OF TRAVEL AND EXISTING ACCESSIBLE PARKING SERVING THE AREA OF ALTERATION IDENTIFIED IN THESE CONSTRUCTION DOCUMENT IS TO BE COMPLIANT WITH THE CURRENT APPLICABLE CALIFORNIA BUILDING CODE ACCESSIBILITY PROVISIONS FOR PATH OF TRAVEREQUIREMENTS FOR ALTERATION, ADDITIONS AND STRUCTURAL. GC TO VERIFY PATH SHOWN AND NOTIFY GO CM AND ARCHITECT OF ANY DEFICIENCS IN FIELD.LEGENDACCESSIBLE PATH OF TRAVEL48" MIN WIDTH PER 11B 403.5.1(3).NOTE ON PATH OF TRAVEL: THE SLOPE AND CROSS-SLOPE ALONG THE PATH OF TRAVEL SHALL NOT EXCEED 5% AND 2% RESPECTIVELY. INSPECTOR TO VERIFY.NOPARKINGF U LLR E Q U IR EL E N G TH O F P A R K IN G S P A C E18'-0"M IN4"B L U E LIN E 3'-0"3 '-0 "4"B L U E LIN E F U LLR E Q U IR EL E N G T H O FP A R K IN G S P A C E 18'-0"M IN 12'-0"MINATVAN5'-0"MIN9'-0"MINACCESS AISLE PER CBC 11B-502.6.44" BLUE OR WHITE LINES DIAGONALS AT 3'-0" MAX O.C.WHITE INTERNATIONAL SYMBOL OF ACCESSIBILITY ON BLUE BACKGROUND PER CBC 11B-502.6.44 "B LU E LIN E B O R D E R S2.1%MAX.2.1%M A X .ACCESSIBLE SIGN PER CBC 11B-502.6WHEEL BLOCKSAT TOP0.45" - 0.47" DIA.AT BASE0.90" - 0.92" DIA.APART2.3" MIN. - 2.4" MAX.APART2.3" MIN. - 2.4" MAX.0.65 MIN.AATYPICAL MAT PLANHEIGHT0.18" - 0.22"TAPERED EDGES WHERE DOME EXPOSEDMAT SURFACETYPICAL SECTION A-ANOTE: DETECTABLE WARNING SURFACE SHALL PROVIDE A 70% MIN. VISUAL CONTRAST WITH ADJACENT WALKING SURFACES, EXCEPT AT TRANSIT BOARDING PLATFORMS, BUS STOPS, HAZARDOUS VEHICULAR AREAS, REFLECTING POOLS AND TRACK CROSSINGS, THE COLOR OF DETECTABLE WARNING SURFACES SHALL BE YELLOW AND APPROXIMATE COLOR NO. 33538 OF FEDERAL STANDARD NO. 595C.PROJECT ADDRESS:CONSULTANTS:SEALAOR PROJECT #:REVIEWED BY:DRAWN BY:STORE NUMBERISSUED DATESNO. DATE: DESCRIPTION:DRAWING DESCRIPTION:SHEET NUMBERARCHITECT9 6 0 A t l a n t i c A v e n u eA l a m e d a , C A 9 4 5 0 15 1 0 8 6 5 8 6 6 3m b h a r c h . c o m6/24/2020 11:08:58 AMA100SITE PLAN - FORREFERENCE ONLY165 E FOOTHILL BLVDARCADIA, CA 91006ILCI54253XXX1" = 1'-0"EXISTING SITE PLAN - FOR REFERENCE ONLY1NOT TO SCALE1/8" = 1'-0"STANDARD ACC. PARKING STALL (FOR REFERENCE ONLY)21/2" = 1'-0"TRUNCATED DOMES (FOR REFERENCE ONLY)304/06/20 ISSUE FOR PERMIT3 06/01/20 BUILDING PC111020304050607077788090100110120129130140150159160170200210220230240250255260270295Parking Required (@ 4/1000) = 68Parking Provided= Handicapped: 13 Standard: 282Total Parking Provided: 295 18017317418019019228028628729079 TYP3'-0"10'-7"MEAT COOLER 203 SQ. FT.FREEZER 400 SQ. FT.BALERMEAT SCALECHARGING STATIONS & EYEWASHEXISTING MEZZANINE ABOVE TO BE REMOVED (SHOWN IN BLUE DASH)BEER TABLEWINE TABLEEXISTING TRASH ENCLOSURE ±162 SQ. FT.PREFER THAT THE EXISTING ELECTRICAL ROOM TO BE REMOVED. PANELS TO BE RELOCATED.MBH TO CONFIRM WITH ELEC ENGINEERS THE EXTENT OF SCOPE / COST TO RELOCATE.EXISTING LADDER TO BE REMOVEDWINEWINEWINE12 FT DELI CASE HIGH PROFILE12 FT DELI CASE HIGH PROFILE12 FT DELI CASE HIGH PROFILE102" 1-Tr102" 1-Tr102" 1-TrSTOCK 2,902 SQ. FT.102" 1-Tr102" 2-TrBACK OFFICE104 SQ. FT.FRONT OFFICE143 SQ. FT.BORRAY BINBORRAY BINPROD EURO48"PROD MEAT FISHBUNKERS36" 36" 36" 48"ADACARTFLORALFLORAL12' B & W CASEICE CASE51" 4-Tr51" 4-Tr51" 4-Tr51" 4-Tr51" 4-Tr72X36 UPRIGHTSSODA/ WATER/ PETBARGAINPROMO84"BARGAIN PROMO84"SALES 11,318 SQ. FT.UNISEX 63 SQ.FT.UNISEX 63 SQ.FT.BREAK AREA 165 SQ.FT.EXISTING DOOR (3'-0"W X 7'-0"H) TO REMAINEXISTING DOOR (3'-0"W X 7'-0"H) TO REMAINEXISTING DOOR (3'-0"W X 7'-0"H) TO REMAINNEW OVERHEAD DOOR AT EXISTING OPENING (RO: 6'-0"W X 8'-0"H) ADJACENT TENANT, NICSLOPE DOWNLOADING AREA(N) CART CORRAL BY GO987654321ABCDEF±20'-8"±20'-1"±20'-1"±16'-4"±22'-10"LEASELINE TO LEASELINE±100'-0"±20'-5"±19'-10"±20'-3"±20'-0"±20'-1"±19'-1"±20'-10"±29'-2"LEASELINE TO LEASELINE±169'-8"EXISTING SIDEWALKEXISTING CURBJANITOR'S/ EVAC 73 SQ. FT.HALLWAY 216 SQ. FT.EXISTING FURRING TO REMAIN. CONFIRM WITH GO.EXISTING FIRE RISER TO REMAINMERCHANDIZING CREEPSPROPOSED LOCATION FOR NEW HOSE BIBEXISTING CURB RAMP TO REMAINWINE TABLEWINE TABLE±6'-0"±29'-11"±11'-8"±6'-7"±11'-8"ON-GRADEPROPOSED LOCATION FOR BALE STORAGE±125 SQ. FT.±20'-10"±26'-4"EXISTING COLUMN TO REMAIN, TYPEXISTING COLUMN TO REMAIN, TYPEXISTING COLUMN TO REMAIN, TYPEXISTING COLUMN TO REMAIN, TYPDAIRY COOLER 638 SQ. FT.(8 DOORS)AHU (SUSPENDED)102" 1-Tr102" 1-Tr102" 1-Tr102" 2-Tr102" 1-Tr102" 1-Tr102" 1-Tr12 3 4 5 6 724"X60"24X48"24"X60"28X48"42"X72" (2) TIER42"X72" (2) TIER102"102"102" 102" 102"102" 102" 102"102" 102" 102"102" 102" 102"42"X72" (2) TIER42"X72" (2) TIER42"X72" (2) TIER42"X72" (2) TIER3 DR REACH-INBARGAIN PROMO84"TYP3'-1"12345COKE GOIPEPSI GOI COKE42"X72" (2) TIER102"102"102" 102"3'-11"PROD EURO48"12 FT PRODUCE12 FT PRODUCE16 FT MEAT12 FT SALAD10'-5"BORRAY BINBORRAY BIN8'-2"5'-0"8'-0"102"102"72"72"102"102"72"72"BARGAIN PROMO84"BARGAIN PROMO84"7'-6"6'-6"12'-7"7'-0"12'-7"36"36"7'-0"891'-2"7'-0"6'-2"7'-0"2'-3"4'-6"5'-4"7'-0"2'-3"8'-0"168" PACKAGE WIDTHNEW AUTOMATIC SLIDING DOOR(E) PORTION OF STOREFRONT TO BE REMOVED TO BE REPLACED WITH (N) AUTOMATIC SLIDING DOOR CONFIRM SCOPE SLOPE DOWNNO SLOPE1'-8"5'-1"NEW EXTENDED CURB RAMP BY ??AREA IN SHADE INDICATES FOOTPRINT OF ALCOHOL AREA51" 4-Tr51" 4-Tr51" 4-Tr51" 4-Tr51" 4-Tr42"X72" (2) TIER24"X48"7'-0"7"BORRAY BINS7'-5"6'-6"102"102"FRITO LAY42"X72" (2) TIER7'-0"8'-0"8'-8"42"X72" (2) TIER102"102"102"8'-3"7'-0"7'-0"7'-0 1/2"BAKERY TABLE6'-2 1/2"7'-0"3 DR REACH-INFRITO LAY51"BANANA TREEPROD SLANT RACKS3'-1"7'-0"7'-5"6'-3"4'-10"5'-7"5'-8"7'-0"6'-6"2"2'-0"6'-2"12'-9"7'-0"4'-7"8'-0"2"6'-2"6'-2"2"6'-2"2"2"2'-0"NOSH NOSH NOSH NOSH NOSH NOSH NOSH NOSH NOSH NOSH NOSH NOSH NOSH NOSH NOSH2'-4"2'-0"72" 51"28X48"2'-4"72"51"72"51"3'-0"2"3'-0"7'-5"3'-0"3'-0"3'-0"3'-0"3'-0"3'-0"8'-0"8'-4"5 DR TALL NARROWEXISTING SLIDING IRON GATE TO REMAINON-GRADEON-GRADEEXISTING ACCESS AISLEEXISTING LANDSCAPINGEXISTING SLIDING IRON GATE PROTECTIVE FENCE TO REMAINEXISTING 6'-0" HIGH CONCRETE BLOCK WALL ALONG THE PROPERTY LINEEXISTING 3'-0" HIGH CONCRETE BLOCK WALL ALONG THE PROPERTY LINEEXISTING STAIR TO REMAINEXISTING PARKING TO REMAINON-GRADESTOREFRONT SYSTEM, MATCH ADJACENTEXISTING DOORS TO BE REPLACED WITHSTOREFRONT SYSTE, MATCH ADJACENTEXISTING DOORS TO BE REPLACED WITH102"84"72"102"SPIRITS5 DR TALL NARROW 5 DR TALL NARROW72"14'-0"NEW EQUIPMENT PLATFORM ABOVE BY GO (EXTENTS SHOWN HATCHED)3 DR REACH-IN3 DR REACH-IN5 DR TALL NARROW102"84"72"102"5 DR TALL NARROW 5 DR TALL NARROW72"7'-0"8'-3"6'-6"10'-0"TYP4'-0"5'-6"7'-11"7'-7"E.8A.32'-0"10'-5"EXISTING ROOF COLUMN TO REMAIN, TYP.102" 2-Tr102" 1-Tr4'-0"7'-0"1'-1 1/2"SPIRITSGROCERY OUTLET - STORE #XXXARCADIA, CAFINAL VERSION #21 - 04/01/20(ROTATED 90 DEGREE, PER GO REQUEST 01/22/20)BUILDING AREAS (GROSS)SALE11,620 SQ.FT.B.O.H.UTILITES (RESTROOMS, OFFICES, HALLWAY & 896 SQ.FT.EMPLOYEE/ BREAK AREA)STOCK + RECEIVING + VOID 4,519 SQ.FT.SHELL17,035 SQ.FT.BUILDING AREAS (NET)MERCHANDISING11,318 SQ.FT.STOCK ROOM #1 & #2 &RECEIVING(EXCLUDING WALK-INS & 2,902 SQ.FT.JANITOR'S/ EVAC AREA)LEGENDSYMBOL DESCRIPTIONBUMPBRASS BELL (AT CHECKSTAND #1)ECO BAG GRIDS (3 PER PLAN)ABS BROOM HOLDERS (4 PER PLAN AT CLEANER AISLE)APPAREL RACKS (PROMOTIONAL EVENTS)BUMP OUT SECTIONS (12 @ HBC - PER PLAN)SECURITY CAMERA (SINGLE DIRECTION)SECURITY CAMERA (360 DEGREE)GENERAL MERCH HBC PERIMETERSEASONAL CANDY PERIMETERINT. SIGNAGE WINE PERIMETERALCOHOL SALES HOLDING BOXESBASE DECKS 28"SHELVES 24"SAHARA COLORBASE DECKS 24"SHELVES 24"SAHARA COLORBASE DECKS 28"SHELVES 24"SAHARA COLORBASE DECKS 24"SHELVES 20"SAHARA COLORBO LIGHTING @ 14'-0"BASE DECKS 24"SHELVES 20"BLACK COLORBEER & WINEALLOCATED FLOOR AREA: 425 SFRATIO TOTOTAL SALES FLOOR: 3.76%FREEZER: 400 SFDAIRY: 638 SFMEAT: 203 SFREFRIGERATION SYSTEMTRADITIONAL(PER FRANK AND BEN 20/03/11)NOTE:LANDLORD IS TO DELIVER THE BUILDING IN VANILLA SHELL CONDITIONS.PROJECT ADDRESS:CONSULTANTS:SEALAOR PROJECT #:REVIEWED BY:DRAWN BY:STORE NUMBERISSUED DATESNO. DATE: DESCRIPTION:DRAWING DESCRIPTION:SHEET NUMBERARCHITECT9 6 0 A t l a n t i c A v e n u eA l a m e d a , C A 9 4 5 0 15 1 0 8 6 5 8 6 6 3m b h a r c h . c o m6/24/2020 11:09:01 AMFIXTFIXTURE PLANMERCH. LABELS165 E FOOTHILL BLVDARCADIA, CA 91006AuthorChecker54253XXX),1$/902/03/20 FINAL VERSION #1402/05/20 FINAL VERSION #1502/07/20 FINAL VERSION #1602/26/20 FINAL VERSION #1703/10/20 FINAL VERSION #1803/12/20 FINAL VERSION #1903/31/20 FINAL VERSION #2004/01/20 FINAL VERSION #2180 Attachment No. 4 Attachment No. 4 Preliminary Exemption Assessment 81 Preliminary Exemption Assessment FORM “A” PRELIMINARY EXEMPTION ASSESSMENT 1. Name or description of project: CUP 20-09 - Conditional Use Permit with a Categorical Exemption under the California Quality Act ("CEQA") Section 15301(a) to allow the sale of beer, wine, and distilled spirits for off-site consumption at 165 E. Foothill Blvd. 2. Project Location – Identify street address and cross streets or attach a map showing project site (preferably a USGS 15’ or 7 1/2’ topographical map identified by quadrangle name): 165 E. Foothill Blvd. (cross streets: E. Foothill Blvd. and N. 2nd Avenue) 3. Entity or person undertaking project: A. B. Other (Private) (1) Name Grocery Outlet (2) Address 26023 Jefferson Ave., Suite D Murrieta CA 92562 4.Staff Determination: The Lead Agency’s Staff, having undertaken and completed a preliminary review of this project in accordance with the Lead Agency's "Local Guidelines for Implementing the California Environmental Quality Act (CEQA)" has concluded that this project does not require further environmental assessment because: a. The proposed action does not constitute a project under CEQA. b. The project is a Ministerial Project. c. The project is an Emergency Project. d. The project constitutes a feasibility or planning study. e. The project is categorically exempt. Applicable Exemption Class: 15301(a) – Class 1 (Existing facility - adding alcohol sales to an existing permitted use and so is considered a negligible or no expansion of the use. 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: July 23, 2020 Staff: Christine Song, Associate Planner 82 ARCADIA PLANNING COMMISSION REGULAR MEETING MINUTES TUESDAY, JULY 14, 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 3:00 p.m. in the Council Chamber. In order to comply with social distancing guidelines due to COVID-19, the meeting was televised and streamed live and Vice Chair Wilander, and Commissioners Chan, Lin, and Thompson participated by telephone. Assistant City Attorney Maurer, Deputy Development Services Director/City Engineer Philip Wray, and City Council Liaison Paul Cheng were also on the line. She also informed the public of a call-in number that was established for public comments. PLEDGE OF ALLEGIANCE ROLL CALL PRESENT: Chair Lewis PRESENT (Via telephone): Vice Chair Wilander, Chan, Lin, and Thompson, ABSENT: None SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS Planning & Community Development Administrator Lisa Flores announced that the City received six public comments after the packet went out and that they would be read into the record during the public hearing for each corresponding item. PUBLIC COMMENTS (5 minute time limit per person) There were none. PUBLIC HEARING 1. Resolution No. 2058 – Recommending approval of a 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 Recommendation: Adopt Resolution No. 2058 and Recommend Approval to the City Council Appellant and Property Owner: Artis Senior Living, LLC. Chair Lewis introduced the item and turned it over to Associate Planner Vanessa Quiroz to present the staff report. Ms. Flores clarified that Staff’s recommendation is to forward a recommendation to the City Council, and not take action. 83 2 7-14-20 Chair Lewis opened the public hearing and asked if the Applicant would like to speak on the item. Richard McDonald introduced the Applicant team, and Rick Bell of Artis Senior Living provided a presentation of the project. Anna Armstrong of Armstrong and Walker Landscape Architects provided an overview of the landscape plan. Chair Lewis asked if there was anyone who would like to speak in favor of the item. There were no callers in support of the item. Chair Lewis asked if there was anyone who would like to speak in opposition of the item. There were no calls received in opposition to the item; however, Ms. Flores read two letters of opposition that were received prior to the meeting from Lin Zeng and Eve Tang, neighboring property owners. Ms. Flores informed the Commission that both residents were informed prior to the meeting that the height of the building was actually two stories, and not four, as stated in their letters. Commissioner Chan inquired about the Applicant’s public outreach efforts, including if there was any specific outreach to help inform the local Asian community given that there were some confusion over the height of the project. He also inquired as to how COVID-19 has impacted their other facilities. Mr. McDonald explained that the initial stage of outreach included contact with the Homeowners’ Association and several nearby neighbors, the establishment of an informational website with a link to the City’s website for more detailed information, and a mailer. Due to COVID-19, outreach efforts were modified to avoid direct contact (i.e. door-to-door contact) with the public. Mr. Bell further elaborated on the impacts of COVID-19 on senior care facilities and the protocols, which were established in response to COVID-19. Mr. Brown stated that the website was in English but directed the public to the City’s website for detailed information on the proposal. The feasibility of having a community meeting was affected by COVID-19. They would provide a translated notice prior to the City Council meeting. Ms. Flores discussed the outreach efforts to date and added that the Applicant has complied with noticing requirements per State law. She noted that the City offers translation services for all residents, which is stated on the City’s public hearing notices. Commissioner Thompson inquired as to whether there were any restrictions on delivery hours to mitigate any potential disruptions to nearby residents. Mr. Bell stated that deliveries typically occur 2-3 times per week, and during business hours. Vice Chair Wilander asked the Applicant if they would be willing to provide additional Americans with Disabilities Act (ADA) compliant parking spaces to accommodate visitors. Mr. Bell stated that they are open to providing additional stalls. 84 3 7-14-20 MOTION- PUBLIC HEARING It was moved by Vice Chair Wilander, seconded by Chair Lewis to close the public hearing. Without objection, the motion was approved. DISCUSSION Commissioner Chan had no issues with the project; however, he recommended that the Applicant distribute a Chinese translated mailer with a project description to the residents within the 300 feet noticing radius to alleviate any protentional confusion over the proposed height. Commissioner Lin stated that the project is a good use of the site, and the design is consistent with the neighboring residential properties in the neighborhood. He was inclined to recommend approval to the City Council. Commissioner Thompson stated that the proposal was a good transitional use of the site. The intensity of the development is reasonable, and he complimented the quality and quantity of the proposed landscaping which will provide an excellent buffer to nearby residential properties. In addition, the facts to support the findings as listed in the staff report are sufficient and well written. He recommended that all exterior parking lot lighting be faced downward and away from neighboring residences and that the delivery hours be limited. Vice Chair Wilander stated that the project is well thought out and addresses a need in the community for senior housing and those with memory challenges. She was glad that the project was proposed below the Code-allowed maximums, and she is pleased that there will be additional disabled parking spaces to compliment the drive through drop off area. Chair Lewis noted the attractive design of the project and the landscaping which will blend well with the residential area and she was pleased that the mature trees on the site will be preserved. The proposal was a good use of the property and represents an overall quiet use compared to what the site could accommodate or has in the past. The Planning Commission provided the following recommendations: 1.The Applicant should examine the site plan and add additional Americans with Disabilities Act (ADA) compliant parking stall places in addition to the 4 currently proposed; 2.The Applicant should distribute a Chinese translated mailer with the proposed project information prior to the City Council hearing; 3.Deliveries shall be limited to no earlier than 7:00 a.m. and no later than 10:00 p.m. In addition, two new Conditions of Approval were added to Resolution No. 2058, per Staff’s recommendation: Condition No. 31: All the windows shall be recessed at least 2-inches from the exterior walls. Condition No. 32: All exterior parking lighting shall be shielded downward or cutoff to eliminate any potential light and glare to the adjacent residential properties. 85 4 7-14-20 MOTION It was moved by Vice Chair Wilander, seconded by Commissioner Lin to adopt Resolution No. 2058, recommending approval to the City Council of a 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, subject to the amended conditions of approval as read into the record by Ms. Flores. ROLL CALL AYES: Chair Lewis, Vice Chair Wilander, Chan, Lin, and Thompson NOES: None ABSENT: None Chair Lewis announced that this item is tentatively scheduled for the August 18, 2020 City Council meeting and that a notice of public hearing would be sent prior to this meeting. 2.Resolution No. 2057 – Recommending approval of a Minor Use Permit No. MUP 20-04, Architectural Design Review No. ADR 18-05, Vesting Tentative Map No. TTM 19-01 (82734), Development Agreement, and a Mitigated Negative Declaration for the development of a mixed- use project with 139 residential units and commercial area along Huntington drive located at 117- 129 E. Huntington Drive and 124-134 Wheeler Avenue. Recommendation: Adopt Resolution No. 2057 and Recommend Approval to the City Council Applicant: New World International, LLC Chair Lewis introduced the item and turned it over to Senior Planner Luis Torrico to present the staff report. Commissioner Chan inquired about the required parking for the commercial component of the project and was concerned that there will not be enough parking to support the patrons and employees, especially for restaurant uses. Ms. Flores clarified the that retail and restaurants that are 2,000 square feet or less are parked at the same parking rate. Commissioner Lin inquired as to how many of the 295 proposed parking spaces would be subterranean, and is there enough clearance to provide parking lifts? Mr. Torrico stated that there are 128 surface parking spaces on the ground floor and the remaining spaces will be in subterranean level. There is adequate clearance since the original proposal had parking lifts. Chair Thompson requested clarification of the width of the parking spaces and the number of tandem parking spaces. He referenced the Mitigated Negative Declaration (MND) which mentions that stacked parking will be utilized. Lastly, are there any measures put in place to deter residents from parking in the City designated parking spaces. 86 5 7-14-20 Mr. Torrico responded and provided clarification on the tandem spaces and the MND. With regard to what measures will be in place to deter parking in City designated spaces, the Development Agreement provides the ability for the City to place time limits or metered parking, though that has yet to be determined. Vice Chair Wilander inquired about dust mitigation during construction. Mr. Torrico clarified the requirements for dust mitigation during construction. Chair Lewis opened the public hearing and asked if the Applicant would like to speak on the item. Johnathan Hu responded and introduced the Applicant’s team. Vince Chupka, the Project Architect from Humphreys & Partners Architects also spoke. Chair Lewis asked if there was anyone who would like to speak in favor of the proposal. There were no calls received in support of the proposal. Chair Lewis asked if there was anyone who would like to speak in opposition of the proposal. One caller spoke in opposition of the item: 1. Lawrence Landis, Neighboring Property Owner- Concerned with the impacts of construction and excavation on his adjacent property. He was also concerned with parking and that the project may create access issues for his tenants. Mr. Hu replied and stated that projects of this magnitude occur in stages and all these items will be addressed throughout the planning and building process. Ms. Flores also read one email from Steven Rhee, Vice President, RE/MAX Commercial. Mr. Chupka responded to the comments and concerns. Commissioner Chan suggested that the Applicant incorporate additional street sweeping along Wheeler Avenue and Huntington Drive to control dust. Also, he requested that the City installed plaques along Huntington Drive be preserved and reinstalled post-construction. Mr. Torrico said confirmed that the plaques would be removed and reinstalled. Commissioner Thompson asked if the Applicant has a solution to deter residents from parking in the 55 City-designated parking spaces. He also inquired about the subterranean guest parking spaces and the feasibility of the driveway aisle with its current dimensions. Mr. Chupka stated that the City will likely manage this and that time limits will most likely be used, however these are shared spaces that neighboring businesses may want to utilize. It was also clarified that the area mentioned by Commissioner Thompson was not a driveway. 87 6 7-14-20 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 Commissioner Chan thought the project was beneficial for the City and would improve the Downtown area. He is pleased that the plaques will be preserved and replaced along Huntington Drive. Commissioner Lin appreciates the design and is also concerned with the parking, but it appears the parking is adequate, and that staff and the applicant have worked diligently to address these issues. Commissioner Thompson stated the location is great for the property but the project as proposed, was under-parked, the parking spaces were small, spaces for the residential units should be larger, and had concerns with the tandem spaces. Had the project been proposed at a lesser intensity with fewer spaces needed to accommodate the use, he stated that he would have been in favor. The project is a good balance of commercial and residential, and he would recommend approval if the project was closer 100 residential units rather than 139 units. MOTION: It was moved by Chair Lewis, seconded by Commissioner Lin to reopen the public hearing to enable the Applicant to respond. Mr. Hu responded and stated that the parking in the basement levels are exclusively for residential use only. It was moved by Chair Lewis, seconded by Vice Chair Wilander to close public hearing. Without objection, the motion was approved. Vice Chair Wilander echoed the parking concerns of Commissioner Thompson as she did not think tandem parking was the optimal way to meet the parking demand. If the project created a parking deficit, it could have a spill-over effect and create parking issues in the surrounding area. Chair Lewis thought the project was an excellent addition to the area, and that it is a good mixed-use project that is close to transit. While she has concerns with parking as well, she noted that younger people are less inclined to drive and more open to alternative transportation. She would be inclined to recommend approval of the project and overall the project is a positive addition to the transit corridor. MOTION It was moved by Commissioner Chan, seconded by Commissioner Lin to adopt Resolution No. 2057, recommending approval to the City Council of a Minor Use Permit No. MUP 20-04, Architectural Design Review No. ADR 18-05, Vesting Tentative Map No. TTM 19-01 (82734), Development Agreement, and a Mitigated Negative Declaration for the development of a mixed- use project with 139 residential units and commercial area along Huntington Drive located at 117- 129 E. Huntington Drive and 124-134 Wheeler Avenue. ROLL CALL AYES: Chair Lewis, Chan, Lin NOES: Vice Chair Wilander and Commissioner Thompson 88 7 7-14-20 ABSENT: None The motion to recommend approval of the item was approved. Chair Lewis announced that this item is tentatively scheduled for the August 18, 2020 City Council meeting and that a notice of public hearing would be sent prior to this meeting. 3. Resolution No. 2059 – Approving Conditional Use Permit No. CUP 20-08 with a Categorical Exemption under the California Environmental Quality Act (CEQA) to allow the sale of beer, wine, and distilled spirits for off-site consumption and extended hours of operation for a new grocery store (dba: Grocery Outlet) at 140 E. Live Oak Avenue Recommendation: Adopt Resolution No. 2059 Applicant: Grocery Outlet Chair Lewis introduced the item and turned it over to Associate Planner Christine Song to present the staff report. Chair Lewis opened the public hearing and asked if the Applicant would like to speak on the item. Steve Rawlings and Pat Barber responded on behalf of Grocery Outlet. Chair Lewis asked if there was anyone who would like to speak in favor of the proposal. There were no calls received in support of the proposal. Chair Lewis asked if there was anyone who would like to speak in opposition of the proposal. There were no calls received in opposition to the proposal, however three emails were received prior to the meeting which were read and/or summarized due to length by Ms. Flores. The emails were received from Sam Parker, Bobbie Jones, and Bruce Tepper on behalf of the “Unincorporated Association of Residents.” MOTION- PUBLIC HEARING It was moved by Chair Lewis, seconded by Commissioner Thompson to close the public hearing. Without objection, the motion was approved. DISCUSSION Commissioner Chan was concerned that CEQA can be used to halt or deter development. He was in favor of the proposal. There may be less traffic generated than the previous use. While not mentioned, there appear to be no other issues with the businesses nearby that sell alcohol. He frequents the area and thought the store would be a welcome addition to the neighborhood. Commissioner Lin was concerned with the legitimacy of the email in opposition. He does not think it will adversely affect the community as the licensing involves the replacement of an existing alcohol license rather than adding an additional license to the area. 89 8 7-14-20 Commissioner Thompson thought the proposal offers an excellent reuse of the commercial space in an area of the City where retail is needed. The staff report and facts to support the findings are well written. Vice Chair Wilander commented on the thorough staff report and was in support of the proposal. She appreciates that the use will replace a vacant unit. Chair Lewis also acknowledged that the reuse of the space improves the area and stimulates the local economy. Assistant City Attorney Maurer clarified that the Class 1 Exemption was included in the motion that the project involves negligible or no expansion of an existing use. Vice Chair Wilander asked for clarification that a traffic study was not needed for this proposal. Ms. Flores confirmed that a traffic study was not necessary for this proposal. MOTION It was moved by Commissioner Thompson, seconded by Commissioner Chan to adopt Resolution No. 2059, approving Conditional Use Permit No. CUP 20-08 with a Categorical Exemption under the California Environmental Quality Act (CEQA) to allow the sale of beer, wine, and distilled spirits for off-site consumption and extended hours of operation for a new grocery store (dba: Grocery Outlet) at 140 E. Live Oak 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, July 24, 2020. 4. Resolution No. 2061 – Approving an Amendment to Conditional Use Permit No. CUP 11-11 with a Categorical Exemption under the California Environmental Quality Act (CEQA) to add whisky to the existing wine tasting room, and expand the hours of operation at 16 N. 1st Avenue Recommendation: Adopt Resolution No. 2061 Applicant: Lenore Jiao Ms. Flores provided the staff report of behalf of Mr. Torrico. She made note of two corrections to the resolution which incorrectly listed the closing hour as 11:00 a.m. as opposed to 11:00 p.m. She also noted that the previous owner of the business did not open for business, therefore Staff recommended a new condition of approval be added to ensure that the City has mechanisms in place to revoke or suspend the operator’s business license should the business does not open. It was also noted that the current owner was open for business, prior to COVID-19. The new condition of approval was read into the record by Ms. Flores: 90 9 7-14-20 Condition No. 11: If the business does not open its front doors to the general public after all the businesses reopen from COVID-19, this shall be grounds for immediate suspension or revocation of this Conditional Use Permit, including the Amendment to the Conditional Use Permit, and termination of the business license. The suspension, revocation, and/or termination is subject to review by the Planning Commission. Chair Lewis opened the public hearing and asked if the Applicant would like to speak on the item. Lenore Jiao of N16 Cellars responded. Chair Lewis asked if there was anyone who would like to speak in favor of the item. There were no callers in support of the item. Chair Lewis asked if there was anyone who would like to speak in opposition of the item. There were no callers in opposition of the item. MOTION- PUBLIC HEARING It was moved by Vice Chair Wilander, seconded by Commissioner Lin to close the public hearing. Without objection, the motion was approved. DISCUSSION The Commission was in favor of the proposal and supported the new condition of approval – Condition No. 11 – as read into the record earlier by Ms. Flores. MOTION It was moved by Commissioner Lin, seconded by Commissioner Thompson Resolution No. 2061, approving an amendment to Conditional Use Permit No. CUP 11-11 with a Categorical Exemption under the California Environmental Quality Act (CEQA) to add whisky to the existing wine tasting room, and expand the hours of operation at 16 N. 1st Avenue subject to the amended conditions of approval 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, July 24, 2020. 5. Resolution No. 2060 – Approving Conditional Use Permit No. CUP 20-04 with a Categorical Exemption under the California Environmental Quality Act (CEQA) to allow the sale of beer and wine for on-site consumption within an existing restaurant (dba: Let’s Go Kebab) at 643 W. Duarte Avenue, Unit B within the Arcadia Center Recommendation: Adopt Resolution No. 2060 91 10 7-14-20 Applicant: Dou Zhang Chair Lewis introduced the item and handed 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. Dou Zhang of “Let’s Go Kebab” responded. Chair Lewis asked if there was anyone who would like to speak in favor of the item. There were no callers in support of the item. Chair Lewis asked if there was anyone who would like to speak in opposition of the item. There were no callers in opposition of the item. MOTION- PUBLIC HEARING It was moved by Vice Chair Wilander, seconded by Commissioner Chan to close the public hearing. Without objection, the motion was approved. DISCUSSION The Commission was in favor of the proposal in that found that it is an appropriate use that meets all the necessary findings. MOTION It was moved by Commissioner Thompson, seconded by Commissioner Lin to adopt Resolution No. 2060, as amended – Approving Conditional Use Permit No. CUP 20-04 with a Categorical Exemption under the California Environmental Quality Act (CEQA) to allow the sale of beer and wine for on-site consumption within an existing restaurant (dba: Let’s Go Kebab) at 643 W. Duarte Avenue, Unit B within the Arcadia Center 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, July 24, 2020. CONSENT CALENDAR 6. Minutes of the May 26, 2020 Regular Meeting of the Planning Commission Recommendation: Approve 92 11 7-14-20 It was moved by Commissioner Chan, seconded by Vice Chair Wilander to approve the minutes of the May 26, 2020 Planning Commission Regular Meeting. ROLL CALL AYES: Chair Lewis, Vice Chair Wilander, Chan, Lin, and Thompson NOES: None ABSENT: None MATTERS FROM CITY COUNCIL LIAISON Council Liaison Cheng announced that an appeal was filed to overturn the Planning Commission’s decision related to the property located at 2011 Highland Oaks Drive and that item is scheduled for an upcoming City Council meeting. He added that he would continue to convey any of the commissioner’s comments or concerns to appropriate staff and/or the City Council. MATTERS FROM THE PLANNING COMMISSONERS Vice Chair Wilander inquired about the cars parked at the Santa Anita Racetrack. Commissioner Chan stated that rental cars are being temporary parked at the Racetrack. MATTERS FROM ASSISTANT CITY ATTORNEY Mr. Maurer had nothing to report. MATTERS FROM STAFF INCLUDING UPCOMING AGENDA ITEMS Ms. Flores announced there are no items pending for the July 28, 2020 meeting, therefore it will most likely be cancelled. She added that the subsequent Planning Commission meetings will be held at 7:00 p.m. She also confirmed that the appeal of the Planning Commission’s approval of Homeowners’ Association Appeal No. 20-01 is scheduled to appear before the City Council on August 4, 2020. ADJOURNMENT The Planning Commission adjourned the meeting at 6:32 p.m. to Tuesday, July 28, 2020 at 7:00 p.m. in the City Council Chamber for the next virtual meeting. Deborah Lewis Chair, Planning Commission ATTEST: Lisa Flores Secretary, Planning Commission 93