HomeMy WebLinkAbout7330 RESOLUTION NO. 7330
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, APPROVING ARCHITECTURAL DESIGN REVIEW NO.
ADR 18-22, CONDITIONAL USE PERMIT NO. CUP 19-03,
ADMINISTRATIVE MODIFICATION NO. AM MINOR 19-22, AND
PROTECTED TREE ENCROACHMENT NO. TRE 20-04 WITH A
MITIGATED NEGATIVE DECLARATION FOR A NEW SENIOR ASSISTED
LIVING CARE FACILITY WITH MEMORY CARE AT 1150 W. COLORADO
BOULEVARD
WHEREAS, applications were filed by Adis Senior Living, LLC ("Property Owner"),
for Architectural Design Review No. ADR 18-22, Conditional Use Permit No. CUP 19-03,
Minor Administrative Modification No. AM Minor 19-22, and Protected Tree
Encroachment No. TRE 20-04, and a Mitigated Negative Declaration in accordance with
the California Environmental Quality Act ("CEQA") for a new senior assisted living facility
with memory care at 1150 W. Colorado Boulevard, hereinafter individually and collectively
referred to as the "Project"; and
WHEREAS, the additional application was filed with this project for the City
Council to consider under Ordinance No. 2372 for a Zone Change No. ZC 19-01 and
Zoning Map Amendment to remove the two existing zoning overlays (Architectural Design
(D) overlay zone and Automobile Parking (P) overlay zone) at 1150 W. Colorado
Boulevard with the Project; and
WHEREAS, on April 23, 2020, the Draft Initial Study/Mitigated Negative
Declaration for the Project was circulated for public review and comments for 29 days
from April 23, 2020 to May 22, 2020. Due to COVID-19, the IS/MND circulation period
was extended from 20 to 29 days to give additional time for comments because of the
pandemic. During this time period, public agencies, organizations, and the public in
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general were afforded the opportunity to review the Draft IS/MND, and submit written
comments regarding the documents and the Project; and
WHEREAS, the Initial Study/Mitigated Negative Declaration concluded that the
implementation of the Project will have less than significant impacts with mitigation
measures for the following categories: Biological Resources, Cultural Resources,
Geology and Soils, Noise, and Tribal Cultural Resources; and
WHEREAS, on July 14, 2020, a duly noticed public hearing was held before the
Planning Commission on said application, at which time all interested persons were given
full opportunity to be heard and to present evidence.
WHEREAS, after the public hearing on July 14, 2020 the Planning Commission
adopted Resolution No. 2058 with a 5-0 vote to recommend approval of the Project to the
City Council; and
WHEREAS, on August 18, 2020, a duly-noticed public hearing was held before the
City Council on said applications, including the Initial Study/Mitigated Negative
Declaration ("IS/MND") at which time all interested persons were given full opportunity to
be heard and to present evidence; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have
been fulfilled.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, HEREBY RESOLVES AS FOLLOWS:
SECTION 1 . The factual data submitted by the Development Service Department
in the staff report dated August 18, 2020 are true and correct.
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SECTION 2. The City Council finds that based upon the entire record, pursuant to
9107.09.050(B) of the Development Code, all of the following findings are satisfied:
Conditional Use Permit
1. The proposed use is consistent with the General Plan and any applicable
specific plan.
FACT: Approval of the Project will be consistent with the General Plan Land Use
Designation of Commercial. The underlying zone allows a broad array of commercial uses
that serve both the neighborhood and citywide. The Project will allow a business that can
serve the aging population of the City, specifically those with Alzheimer's disease and
related memory delays. The residential care facility is a use permitted in the General
Commercial ("C-G") Zone subject to the approval of a Conditional Use Permit. It will not
adversely affect the comprehensive General Plan, and is consistent with the following
General Plan goals and policies:
• Goal LU-1: A balance of land uses that preserves Arcadia status as a
Community of Homes and a community of opportunity.
• Policy LU-1.1: Promote new infill and redevelopment projects that are
consistent with the City's land use and compatible with surrounding existing
uses.
• Policy LU-1.2: Promote new uses of land that provide diverse economic, social,
and cultural opportunities, and that reinforce the characteristics that make
Arcadia a desirable place to live.
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• Policy LU-1.5: Require that effective buffer areas be created between land
uses that are of significantly different character or that have operating
characteristics which could create nuisances along common boundary.
2. The proposed uses are allowed within the applicable zone, subject to the
granting of a Conditional Use Permit, and comply with all other applicable provisions of
the Development Code and the Municipal Code.
FACT: The site is zoned General Commercial ("C-G") and pursuant to the Arcadia
Development Code Section 9102.03.020, Table 2-8, allows a Large-Residential Care
Facility in the General Commercial C-G Zone subject to the review and approval of a
Conditional Use Permit. With the removal of the two existing overlays, the Project complies
will all the development standards of the General Commercial C-G Zone. In addition, as
required by the California Environmental Quality Act ("CEQA"), the Development Services
Department prepared an Initial Study/Mitigated Negative Declaration ("IS/MND") for the
Project, which determined that the Project, with mitigation measures, will have less-than-
significant impacts. Lastly, the Project complies with all other applicable provisions of the
Development Code.
3. The design, location, size, and operating characteristics of the proposed
activity will be compatible with the existing and future land uses in the vicinity.
FACT: The Project is a well thought out design that is not only compatible in scale
and design with the adjacent residential properties to the east and south, but will also
complement the other commercial properties along the commercial corner intersection of
West Colorado Boulevard and Michillinda Avenue. The Project building will be placed
more than75 feet from the adjacent residential properties with a parking and landscape
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buffer between the facility and the residential uses. The Project will redevelop the site with
a senior assisted living care facility with an appropriate use and development that will not
impact adjacent properties. With the exception of the perimeter fence that exceeds the
maximum height limit, the Project complies with all related zoning requirements as set
forth in the Development Code and all applicable regulations and requirements set forth
by various City Departments. The site will be adequately served by all the required utilities
and public services. Therefore, the Project site is adequate in size and shape to
accommodate the Project. Parking for the Project is above the minimum Code requirement
and, thus, no parking impacts are expected. Additionally, the Project will result in an overall
reduction of vehicular traffic as compared to the existing use and nearly any other use that
could be considered for the property. Thus, the Project will be compatible with the existing
and future uses in the vicinity.
4. The site is physically suitable in terms of:
a. Its design, location, shape, size, and operating characteristics of the
proposed use in order to accommodate the use, and all fences, landscaping, loading,
parking, spaces, walls, yards, and other features required to adjust the use with the land
and uses in the neighborhood;
FACT: The site measures approximately 2.79 acres. The subject site can physically
support the Project. At 44,192 square feet the building is 16,574 square feet below the
maximum permitted Floor Area Ratio for the site. The Project will provide more than the
required amount of parking, which will be dedicated to employees and visitors in order to
prevent any parking issues. Lastly, the new building has been placed over 75 feet away
from the side and rear setbacks in order to be sensitive to the adjacent residential
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properties to the east and south and to provide an adequate buffer. Therefore, the site is
adequate in size to accommodate the new senior assisted living care facility.
b. Streets and highways adequate in width and pavement type to
accommodate public and emergency vehicle (e.g., fire and medical) access;
FACT: The Project will be located at the southeast corner of West Colorado
Boulevard and Michillinda Avenue. Although the Project will only have an access point off
of West Colorado Boulevard, both streets have been designated and designed with the
capacity to accommodate both normal public vehicular travel and emergency vehicles.
These streets are adequate in width and pavement type to carry the traffic that would be
generated by the Project, and to support emergency vehicle access. The streets will be
able to handle the demand from this new use since the Project would actually generate
less traffic than the previous use.
c. Public protection services (e.g., fire protection, police protection, etc.); and
FACT: The construction of the Project will comply with all Building and Fire Codes,
and all other applicable regulations to ensure the safety of the residents as well as help
reduce the creation of fire hazards and facilitate emergency response. As part of the
environmental review process, the Initial Study/Mitigated Negative Declaration ("IS/MND")
determined that Fire and Police protection services can handle the demand for the Project.
d. The provision of utilities (e.g., potable water, schools, solid waste collection
and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.).
FACT: It has been determined that the existing infrastructure and public utilities
can handle the demand for the Project, and that no upgrades are necessary. The Project
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is required to comply with the Low Impact Development ("LID") requirements for
stormwater discharge.
5. The measure of site suitability shall be required to ensure that the type,
density, and intensity of use being proposed will not adversely affect the public
convenience, health, interest, safety, or general welfare, constitute a nuisance, or be
materially injurious to the improvements, persons, property, or uses in the vicinity and zone
in which the property is located.
FACT: The Project is not expected to be detrimental to the public health or welfare,
or the surrounding residential and commercial properties. The Project will be compatible
in terms of scale and design with the adjoining residential properties to the east and south.
The Project includes setbacks that far exceed the minimum requirement, and provide a
large landscape and parking buffer. The Project proposes to maintain all existing mature
trees along the perimeter to minimize any potential impacts to the adjacent residents. The
Project will provide more than the required amount of parking, which will be dedicated to
employees and visitors in order to prevent any parking issue. The delivery hours will be
limited to certain hours to in order to be considerate of the adjacent neighbors. The
construction of the Project will meet all Building and Fire Codes, and all other applicable
regulations. The Initial Study/Mitigated Negative Declaration ("IS/MND") prepared for the
senior assisted living care facility analyzed all the potential impacts, and all the Project
impacts are less than significant or can be reduced to less than significant level with the
implementation of the recommended mitigation measures. Therefore, the Project will not
adversely affect the public in general, nor will it impact to the uses in the vicinity and zone
in which the property is located.
SECTION 4. With respect to the proposed perimeter fence height modification for
the Project, the City Council finds that based upon the entire record, pursuant to Section
9107.05.050 of the Arcadia Development Code, at least one of the following findings can
be made.
1. Secure an appropriate improvement of a lot;
2. Prevent an unreasonable hardship; or
3. Promote uniformity of development
FACT: The proposed 8'-0" tall fence along the perimeter of the building and outdoor
open space will secure an appropriate improvement of the lot because the additional
height of 2'-0" will properly secure the site as necessary to protect the residents. The
residents are expected to be individuals with memory issues and this requires additional
security measures. To help soften the appearance of the fence from the street, a condition
has been placed on the project that some hedges and/or trees shall be spread out in front
of the fence (refer to condition no. 6). In addition, because the fence will be substantially
set back from the street frontage, its overall appearance will be diminished.
SECTION 5. The Project has been thoughtfully designed to complement the
adjoining residential properties, and enhances commercial intersection along W. Colorado
Boulevard and Michilinda Avenue. The selected Traditional/Cape Cod Architectural-style
helps to blend the senior assisted living care facility with the adjoining residential
properties. The design contains architectural features and materials that are commonly
found within the Traditional and Cape Cod architectural styles as well as decorative
features, such trellises, corbels under the eaves of the building, and a decorative cupola
at the top of the building that increases visual interest of the development. The building
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was strategically placed away from residential properties to the east and south to minimize
any potential impacts to the adjacent residential properties and was pushed back to from
the street to maintain a comparable streetscape with the residential properties. The overall
design has a balanced and aesthetically pleasing design that will complement the
surrounding residential properties and the general vicinity.
SECTION 6. The Project requires a protected tree encroachment application to
allow site improvements such as new hardscape, fencing, and a minor grade change to
encroach underneath the dripline of nine (9) protected trees that consist of five (5) Fern
Pine trees, two (2) Carrotwood trees, one (1) South Magnolia tree, and one (1) Japanese
Pear tree. Per the Arcadia Tree Protection Ordinance, these trees are considered
protected as they are located within the required setbacks and meet the minimum trunk
diameters. The Certified Arborist determined that the proposed encroachments will not
adversely affect the long-term health of the protected trees as long as the mitigations and
recommendations listed in the Arborist Report are followed. Therefore, it has been
determined that the proposed encroachments of the protected trees will not adversely
affect the long-term health of the trees.
SECTION 7. For the foregoing reasons and based on all information in the record,
the City Council approves Mitigated Negative Declaration and Mitigated Monitoring and
Reporting Program in accordance with the California Environmental Quality Act ("CEQA"),
and approves Architectural Design Review No. ADR 18-22, Conditional Use Permit No.
CUP 19-03, Minor Administrative Modification No. AM Minor 19-22, and Protected Tree
Encroachment No. TRE 20-04 for new senior assisted living facility with memory care at
1150 W. Colorado Boulevard.
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SECTION 8. The City Clerk shall certify to the adoption of this Resolution.
Passed, approved and adopted this 18th of August, 2020.
Mayor of the City of Arcadia
ATTEST:
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APPROVED AS TO FORM:
1/4 for
Stephen P. Deitsch
City Attorney
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA )
I, GENE GLASCO, City Clerk of the City of Arcadia, hereby certifies that the
foregoing Resolution No. 7330 was passed and adopted by the City Council of the City of
Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said
Council held on the 18th day of August, 2020 and that said Resolution was adopted by the
following vote, to wit:
AYES: Cheng, Tay, and Chandler
NOES: Verlato
ABSTAIN: Beck
cce•-•;:ey Cler of e City of Arcadia
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Intentionally Left Blank
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RESOLUTION NO. 7330
Conditions of Approval
1. The project shall be developed and maintained by the Property Owner/Applicant in
a manner that is consistent with the plans submitted and conditionally approved for
ZC 19-01, ADR 18-22, CUP 19-03, AM Minor 19-22, and TRE 20-04, subject to the
satisfaction of the Planning & Community Development Administrator or designee.
2. The Property Owner/Applicant shall submit an official ALTA survey of the property
to the City prior to submitting plans into Building Services for plan check. The City
shall retain all access and other rights over the sanitary sewer easement and storm
drain easement that are located on and under the subject property, and the Property
Owner/Applicant shall make any adjustment, modifications, and/or abandon the
sewer line in its development of the property, or amendments to current easement
of record, deemed by the City to reasonably necessary for the City to maintain such
infrastructure and access. All new or existing manholes to remain on the site as part
of the new development shall be within a paved area. Final placement of the
manholes shall be subject to review and approval of the Public Works Department.
Any agreement that is required by the City to allow the development to occur over
the easements shall be prepared by the Property Owner/Applicant and shall be
subject to approval by the City Attorney prior to recordation in the Los Angeles
County Recorder's Office. For purposes of the City Attorney review of any such
document, the Property Owner/Applicant shall submit to the City a deposit of$5,000,
of which any funds remaining after review and approval by the City shall be returned
to the Property Owner/Applicant.
3. Prior to the issuance of the Certificate of Occupancy, the Property Owner/Applicant
shall submit to Planning Services a copy of the form of lease or occupancy
agreement that will be utilized for the proposed senior living facility. The form of such
agreement must require all future residents to acknowledge the potential health risk
associated with living within 500 feet of a freeway. Such acknowledgment shall be
placed in all such future agreements for the senior living facility.
4. The Property Owner/Applicant shall submit a haul route map and construction
staging plan to Planning Services prior to issuance of a Demolition permit.
5. The Property Owner/Applicant shall be responsible for the repair of all damage to
public improvements in the public right-of-way resulting from construction related
activities, including, but not limited to, the movement and/or delivery of equipment,
materials, and soils to and/or from the site. The need for such repair shall be
determined by the Planning &Community Development Administrator and the Public
Works Director, or designees, during construction and up until issuance of a
Certificate of Occupancy.
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6. The final landscape plan that is submitted to Building Services for plan-check shall
be revised to include hedges and/or trees spread out in front of the 8-foot wooden
fence along Michillinda Avenue.
7. The plans that are submitted to Building Services for plan check shall comply with
the latest adopted edition of the following codes as applicable:
a. California Building Code
b. California Electrical Code
c. California Mechanical Code
d. California Plumbing Code
e. California Energy Code
f. California Fire Code
g. California Green Building Standards Code
h. California Existing Building Code
8. The grading plans shall indicate all site improvements and shall indicate complete
drainage paths of all drainage water run-off.
9. Prior to the issuance of a building permit from Building Services, the Property
Owner/Applicant shall irrevocably dedicate to the City 4 feet along the frontage of
West Colorado Boulevard for a total parkway width of 12- feet, as measured from
curb to property line. A corner cutback at Michillinda Avenue/Colorado Boulevard is
also required to accommodate an ADA curb per Caltrans standard A88A. Both
dedications shall be subject to review and approval by the Deputy Development
Services Director/Engineer.
10. The Property Owner/Applicant shall be required to remove and replace existing
sidewalk, curb and gutter along the property frontage of Michillinda Avenue and
West Colorado Boulevard.
11. Prior to the issuance of the Certificate of Occupancy by Building Services, the
Property Owner/Applicant shall modify the median island left turn pocket to
accommodate the driveway approach on West Colorado Boulevard in accordance
with plans which shall be subject to approval by the Deputy Development Services
Director/Engineer, or designee.
12. The Property Owner/Applicant shall be required to remove the existing driveway
approaches and construct a new driveway approach along West Colorado
Boulevard per City Standard with ADA access around the approach.
13. A Low Impact Development ("LID") plan is required for this development. It shall
comply with the Los Angeles County Department of Public Works 2014 LID standard
manual, and the measurements must be shown on the grading plan. These
measurements shall include using infiltration trenches, bioretention planter boxes,
roof drains connected to a landscaped area, pervious concrete/paver, etc.
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14. The Property Owner/Applicant shall coordinate with the Public Works Services
Department on the replacement and/or protection of street trees prior to issuance of
a grading permit from Building Services.
15. The building shall be fully fire sprinklered per the City of Arcadia Fire Department
Commercial Sprinklers Standards.
16. The Property Owner/Applicant shall install three (3) new fire hydrants, two along the
City's right-away and one on the site as part of the project. The location shall be
depicted on the site plan and shall be subject to review and approval by the Fire
Marshall prior to issuance of a building permit for the project.
17. Knox boxes shall be provided at the front entry and exterior doors at the southeast
and southwest stairwells. Stairwell doors shall be keyed to provide for exterior
emergency access.
18. In order to verify the required water service size for the project, the Property
Owner/Applicant shall submit to the Public Works Department prior to the issuance
of a building permit calculations for the maximum commercial use demand and
maximum fire demand.
19. The Property Owner/Applicant shall provide separate water services and meters for
the Residential Care Facility and outdoor irrigation system. A reduced pressure
backflow device shall be installed for each water service.
20. Prior to the issuance of a building permit, the Property Owner/Applicant shall submit
a Water Meter Permit Application to the Public Works Services Department.
21. The Property Owner/Applicant shall provide a new water service installation.
Installation shall be according to the specifications of the Public Works Services
Department, Engineering Division. Abandonment of existing water services, if
necessary, shall be completed by the Property Owner/Applicant, according to Public
Works Services Department, Engineering Section specifications.
22. Prior to the issuance of a Building permit, the Property Owner/Applicant shall provide
a Sewer Area Study to determine whether or not the existing 8-inch Vitrified Clay
Pipe ("VCP") City sewer line on the site is capable of meeting all anticipated
demands of the proposed project.
23. The Property Owner/Applicant shall utilize existing sewer lateral(s) if possible.
24. If any drainage fixture elevation is lower than the elevation of the next upstream
manhole cover, the Property Owner/Applicant shall be required to use an approved
type of backwater valve.
25. Prior to the issuance of a grading permit, the Property Owner/Applicant shall prepare
a Storm Water Pollution Prevention Plan ("SWPPP") and shall obtain a Waste
Discharge Identification ("WDID") number from the State.
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26. The project shall be subject to Industrial Waste management requirements and a
grease interceptor is required for the kitchen facility. This shall be subject to the
review and approval by the Public Works Services Department.
27. The trash enclosure area shall be installed the Property Owner/Applicant and shall
comply with the following:
a. A minimum interior width of 9'-7" in order to accommodate three (3) 3-yard
bin.
b. Shall include a trash, recycling and organics recycling bins.
c. Provide a minimum of one (1) foot clearance around the trash bin/recycling
bin/organics bin.
28. The Property Owner/Applicant shall comply with all City requirements regarding
building safety, fire prevention, detection, suppression, emergency access, public
right-of-way improvements, parking, water supply and water facilities, sewer
facilities, trash reduction and recycling requirements, and National Pollutant
Discharge Elimination System ("NPDES") measures, all to the satisfaction of the
Building Official, Fire Marshal, Public Works Services Director, and Planning &
Community Development Administrator. Compliance with these requirements is to
be determined by having fully detailed construction plans submitted for plan check
review and approval by the foregoing City officials and employees.
29. The Owner/Applicant shall defend, indemnify, and hold harmless the City of Arcadia
and its officials, officers, employees, and agents from and against any claim, action,
or proceeding against the City of Arcadia, its officials, officers, employees or agents
to attack, set aside, void, or annul any approval or conditional approval of the City of
Arcadia concerning this project and/or land use decision, including but not limited to
any approval or conditional approval of the City Council, Planning Commission, or
City Staff, which action is brought within the time period provided for in Government
Code Section 66499.37 or other provision of law applicable to this project or
decision. The City shall promptly notify the Applicant of any claim, action, or
proceeding concerning the project and/or land use decision and the City shall
cooperate fully in the defense of the matter. The City reserves the right, at its own
option, to choose its own attorney to represent the City, its officials, officers,
employees, and agents in the defense of the matter.
30. Approval of ZC 19-01, ADR 18-22, CUP 19-03, AM MINOR 19-22, and TRE 20-04
shall not be in effect unless the Property Owner and Applicant have executed and
filed the Acceptance Form with the City on or before 30 calendar days after the City
Council has adopted the Resolution. The Acceptance Form to the Development
Services Department is to indicate awareness and acceptance of the conditions of
approval.
31. All the windows shall be recessed at least 2 inches from the exterior walls.
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32. All the parking lot lighting shall be shielded downward and/or have a cutoff insert in
the fixture to minimize any potential light and glare to the adjacent residential
properties.
Mitigation Measures as Conditions of Approval
The following conditions are found in the Mitigation Monitoring and Reporting Program
("MMRP"). They are recorded here to facilitate review and implementation. More
information on the timing and responsible parties for these mitigation measures are
detailed in the MMRP.
Biological Resources
33. BIO-1: Tree removal shall not occur during the local nesting season (February 1 to
September 15 for nesting birds and February 1 to June 30 for nesting raptors), to
the extent practicable. If any construction or tree removal occurs during the nesting
season, a nesting bird survey shall be conducted by a qualified biologist prior to
commencement of grading or removal of any trees on the property. If the biologist
determines that nesting birds are present, restrictions may be placed on construction
activities in the vicinity of the nest observed until the nest is no longer active, as
determined by the biologist based on the location of the nest, type of the construction
activities, the existing human activity in the vicinity of the nest, and the sensitivity of
the nesting species. Grading and/or construction may resume in this area when a
qualified biologist has determined that the nest is no longer occupied, and all
juveniles have fledged. This measure shall be implemented to the satisfaction of the
City of the Planning & Community Development Administrator or Designee.
34. BIO-2: Prior to issuance of a building permit, the applicant shall demonstrate that the
Project landscaping plan and planned construction are consistent with the City's Tree
Protection Ordinance and the Protected Tree Study. The tree protection activities shall
include the following:
a. Prior to demolition, the contractor and consulting arborist shall meet on-site to
make sure tree protection zones are established around all protected trees to
be preserved and to review the goals for the tree protection plan.
b. Tree protection zone fences shall be placed around each protected tree.
Fences shall be at least 4 feet tall and constructed of chain-link fencing
secured on metal posts. Where fences are not feasible (e.g., in haul routes or
areas where workers will need frequent access), soil and root protection
material can be installed.
c. The contractor shall maintain the fences and/or soil protection material
throughout the completion of the Project. No staging of materials or equipment
or washing out shall occur within the fenced protected zones.
d. Trees should be irrigated throughout the year. A deep watering that provides
good soil moisture to a depth of 16 inches is optimal. The trees shall be deeply
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water once every 21 to 28 days during the summer and fall seasons when
rain is unlikely.
e. For Tree No. 49, a protected deodar cedar located on the Project Site's
Colorado Boulevard frontage, the deadwood shall be removed to prevent the
dead branches from falling. However, no reduction pruning in the live crown
of the tree is required. The tree shall be monitored for its health during the life
of the Project, and irrigation shall occur at the same frequency of the other
trees.
f. The arborist shall monitor a few critical phases of the Project, including pre-
demolition, to direct the installation of protective fences and soil protection
measures; grading and excavation; any utility or drainage trenching that is
required within a tree protection zone; and a final evaluation during the
landscape installation phase.
g. Additional construction best practices described in the Protected Tree Report
shall be implemented.
Cultural Resources
35. CUL-1: Treatment of previously unidentified archaeological deposits: If suspected
prehistoric or historical archaeological deposits are discovered during construction,
all work within 25 feet of the discovery shall be redirected and a Secretary of the
Interior Professional Qualified archaeologist and/or Registered Professional
Archaeologist shall assess the situation and make recommendations regarding the
treatment of the discovery. Impacts to significant archaeological deposits shall be
avoided if feasible, but if such impacts cannot be avoided, the deposits shall be
evaluated for their eligibility for the California Register of Historical Resources. If the
deposits are not eligible, no further protection of the find is necessary. If the deposits
are eligible, impacts shall be avoided or mitigated. Acceptable mitigation may consist
of, but is not necessarily limited to, systematic recovery and analysis of
archaeological deposits, recording the resource, preparation of a report of findings,
and accessioning recovered archaeological materials at an appropriate curation
facility.
Geology and Soils
36. GEO-1: Paleontological Resource Monitor: If paleontological resources (fossils) are
discovered during Project grading, work shall be halted in that area until a qualified
paleontologist can be retained to assess the significance of the find. The Project
paleontologist shall monitor remaining earth-moving activities at the Project Site and
shall be equipped to record and salvage fossil resources that may be unearthed
during grading activities. The paleontologist shall be empowered to temporarily halt
or divert grading equipment to allow recording and removal of the unearthed
resources. Any fossils found shall be evaluated in accordance with the CEQA
Guidelines and offered for curation at an accredited facility approved by the City of
Arcadia. Once grading activities have ceased or the paleontologist determines that
monitoring is no longer necessary, monitoring activities shall be discontinued.
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Noise
37. NOI-1: Prior to issuance of a Grading Permit, the Project applicant shall
demonstrate, to the satisfaction of the City of Arcadia Planning Division, that the
Project complies with the following:
a. Construction contracts specify that all construction equipment, fixed or
mobile, shall be equipped with properly operating and maintained mufflers
and other State-required noise attenuation devices.
b. The contractor shall provide evidence that a construction staff member will
be designated as a noise disturbance coordinator and will be present on-
site during construction activities. The noise disturbance coordinator shall
be responsible for responding to any local complaints about construction
noise. When a complaint is received, the noise disturbance coordinator shall
notify the City within 24 hours of the complaint and determine the cause of
the noise complaint (e.g., starting too early or bad muffler) and shall
implement reasonable measures to resolve the complaint, as deemed
acceptable by the Planning & Community Development Administrator (or
designee). All notices that are sent to residential units immediately
surrounding the construction site and all signs posted at the construction
site shall include the contact name and the telephone number for the noise
disturbance coordinator. All necessary signage and notices shall be posted
on or sent to residential units immediately surrounding the construction site
no less than two weeks prior to the start of noise-generating construction
activities on the Project Site.
c. During construction, stationary construction equipment shall be placed such
that emitted noise is directed away from sensitive noise receivers.
d. Prior to issuance of any Grading or Building Permit, the Project applicant
shall demonstrate to the satisfaction of the Planning & Community
Development Administrator (or designee) that construction noise reduction
methods shall be used where feasible. These reduction methods may
include shutting off idling equipment, installing temporary acoustic barriers
around stationary construction noise sources, maximizing the distance
between construction equipment staging areas and occupied residential
areas, and utilizing electric air compressors and similar power tools.
e. Construction haul routes shall be designed to avoid noise-sensitive uses
(e.g., residences and convalescent homes) to the extent feasible.
Tribal Cultural Resources
38. TCR-1: Retain a Native American Monitor/Consultant. The Project Applicant shall
be required to retain and compensate for the services of a tribal monitor/consultant,
who is both approved by the Gabrieleno Band of Mission Indians-Kizh Nation Tribal
Government and listed under the Native American Heritage Commission's
("NAHC") Tribal Contact list for the area of the project location. This list is provided
by the NAHC. The monitor/consultant shall only be present on-site during the
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construction phases that involve ground disturbing activities. Ground disturbing
activities are defined by the Gabrieleno Band of Mission Indians-Kizh Nation as
activities that may include, but are not limited to, pavement removal, pot-holing or
auguring, grubbing, tree removals, boring, grading, excavation, drilling, and
trenching, within the Project area. The tribal Monitor/consultant shall complete daily
monitoring logs that will provide descriptions of the day's activities, including
construction activities, locations, soil, and any cultural materials identified. The on-
site monitoring shall end when the Project Site grading and excavation activities are
completed or when the tribal representatives and monitor/consultant have indicated
that the site has a low potential for impacting tribal cultural resources.
39. TCR-2: Upon discovery of any tribal cultural or archaeological resources,
construction activities shall cease in the immediate vicinity of the find until the find
can be assessed. All tribal cultural and archaeological resources unearthed by
Project construction activities shall be evaluated by the qualified archaeologist and
tribal monitor/consultant approved by the Gabrieleno Band of Mission Indians-Kizh
Nation. If the resources are Native American in origin, the Gabrieleno Band of
Mission Indians-Kizh Nation shall coordinate with the landowner regarding
treatment and curation of these resources. Typically, the tribe will request
preservation in place or recovery for educational purposes. Work may continue on
other parts of the Project Site while evaluation and, if necessary, additional
protective mitigation takes place (CEQA Guidelines Section15064.5 [f]). If a
resource is determined by the qualified archaeologist to constitute a "historical
resource" or"unique archaeological resource," time allotment and funding sufficient
to allow for implementation of avoidance measures, or appropriate mitigation, must
be available. The treatment plan established for the resources shall be in
accordance with CEQA Guidelines Section 15064.5(f) for historical resources. For
unique archaeological resources, preservation in place is the preferred manner of
treatment in accordance with PRC Section 21083.2(b). If preservation in place is
not feasible, treatment may include implementation of archaeological data recovery
excavations to remove the resource along with subsequent laboratory processing
and analysis. All tribal cultural resources shall be returned to the tribe. Any historic
archaeological material that is not Native American in origin shall be curated at a
public, nonprofit institution with a research interest in the materials, such as the
Natural History Museum of Los Angeles County or the Fowler Museum, if such an
institution agrees to accept the material. If no institution accepts the archaeological
material, they shall be offered to the tribe or a local school or historical society in
the area for educational purposes.
40. TCR-3: Native American human remains are defined in PRC 5097.98 (d)(1) as an
inhumation or cremation, and in any state of decomposition or skeletal
completeness. Funerary objects, called associated grave goods in PRC 5097.98,
are also to be treated according to this statute. Health and Safety Code 7050.5
dictates that any discoveries of human skeletal material shall be immediately
reported to the County Coroner and excavation halted until the coroner has
determined the nature of the remains. If the coroner recognizes the human remains
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to be those of a Native American or has reason to believe that they are those of a
Native American, he or she shall contact, by telephone within 24 hours, the NAHC
and PRC 5097.98 shall be followed.
Upon discovery of human remains, the tribal and/or archaeological monitor/
consultant/consultant shall immediately divert work at minimum of 150 feet and
place an exclusion zone around the discovery location. The monitor/consultant(s)
shall then notify the tribe, the qualified lead archaeologist, and the construction
manager who will call the coroner. Work shall continue to be diverted while the
coroner determines whether the remains are human and subsequently Native
American. The discovery is to be kept confidential and secure to prevent any further
disturbance. If the finds are determined to be Native American, the coroner shall
notify the NAHC as mandated by State law, who will then appoint a Most Likely
Descendent ("MLD"). If the Gabrieleno Band of Mission Indians — Kizh Nation is
designated MLD, the Koo-nas-gna Burial Policy shall be implemented. To the tribe,
the term "human remains" encompasses more than human bones. In ancient, as
well as, historic times, tribal traditions included, but were not limited to, the
preparation of the soil for burial, the burial of funerary objects with the deceased,
and the ceremonial burning of human remains. The prepared soil and cremation
soils are to be treated in the same manner as bone fragments that remain intact.
Associated funerary objects are objects that, as part of the death rite or ceremony
of a culture, are reasonably believed to have been placed with individual human
remains either at the time of death or later; other items made exclusively for burial
purposes or to contain human remains can also be considered as associated
funerary objects.
41. TCR-4: Prior to the continuation of ground disturbing activities, the land owner shall
arrange a designated site location within the footprint of the Project for the
respectful reburial of the human remains and/or ceremonial objects. In the case
where discovered human remains cannot be fully documented and recovered on
the same day, the remains shall be covered with muslin cloth and a steel plate that
can be moved by heavy equipment placed over the excavation opening to protect
the remains. If this type of steel plate is not available, a 24-hour guard should be
posted outside of working hours. The tribe shall make every effort to recommend
diverting the Project and keeping the remains in situ and protected. If the Project
cannot be diverted, it may be determined that burials shall be removed. The tribe
shall work closely with the qualified archaeologist to ensure that the excavation is
treated carefully, ethically and respectfully. If data recovery are approved by the
tribe, documentation shall be taken which includes at a minimum detailed
descriptive notes and sketches. Additional types of documentation shall be
approved by the tribe for data recovery purposes. Cremations shall either be
removed in bulk or by means as necessary to ensure completely recovery of all
material. If the discovery of human remains includes four or more burials, the
location is considered a cemetery and a separate treatment plan shall be created.
Once complete, a final report of all activities is to be submitted to the tribe and the
NAHC. The tribe does not authorize any scientific study or the utilization of any
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invasive and/or destructive diagnostics on human remains. Each occurrence of
human remains and associated funerary objects shall be stored using opaque cloth
bags. All human remains, funerary objects, sacred objects and objects of cultural
patrimony shall be removed to a secure container on site if possible. These items
shall be retained and reburied within six months of recovery. The site of
reburial/repatriation shall be on the Project Site but at a location agreed upon
between the tribe and the landowner at a site to be protected in perpetuity. There
shall be no publicity regarding any cultural materials recovered.
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