HomeMy WebLinkAbout7331 RESOLUTION NO. 7331
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, APPROVING MINOR USE PERMIT NO. MUP 20-04,
MAJOR ADMINISTRATIVE MODIFICATION NO. MAJOR AM 20-11,
ARCHITECTURAL DESIGN REVIEW NO. ADR 18-05, VESTING
TENTATIVE TRACT MAP NO. TTM 19-01 (82734), AND A MITIGATED
NEGATIVE DECLARATION FOR THE DEVELOPMENT OF A MIXED-USE
PROJECT WITH 139 RESIDENTIAL UNITS AND 10,200 SQUARE FEET
OF COMMERCIAL AREA LOCATED AT 117-129 E. HUNTINGTON DRIVE
AND 124-134 WHEELER AVENUE
WHEREAS, applications were filed by New World International, LLC ("Property
Owner"), for Minor Use Permit No. MUP 20-04, Major Administrative Modification No.
Major AM 20-11, Architectural Design Review No. ADR 18-05, and Vesting Tentative
Tract Map No. TTM 19-01 (82734), with a Mitigated Negative Declaration in accordance
with the California Environmental Quality Act ("CEQA"), hereinafter individually and
collectively referred to as the "Project"; and
WHEREAS, on April 23, 2020, the Initial Study/Mitigated Negative Declaration for
the Project was circulated for public review and comment for 29 days from April 23, 2020
to May 22, 2020. Due to COVID-19, the IS/MND circulation period was extended from 20
days to 29 days to give additional time for comments because of the pandemic. During
this time period, public agencies, organizations, and the public in general were afforded
the opportunity to review the Draft IS/MND, and submit written comments regarding the
documents and the Project; and
WHEREAS, the Initial Study/Mitigated Negative Declaration concluded that the
implementation of the Project will have less-than significant impacts with mitigation
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measures for the following categories: Geology & Soils, Hazards & Hazardous Materials,
Noise, and Transportation/Traffic; and
WHEREAS, the City Council is considering adoption of Ordinance No. 2373, which
would approve a Development Agreement that provides a means for the City to replace
a City parking lot with the same amount of parking, facilitate the development of a major
revitalization project for the Downtown, and realize economic benefit in receiving funds
for the sale of City owned property; and
WHEREAS, on July 14, 2020, a duly noticed public hearing was held before the
Planning Commission on said Applications, at which time all interested persons were
given full opportunity to be heard and to present evidence; and
WHEREAS, after the public hearing on July 14, 2020, the Planning Commission
adopted Resolution No. 2057 with a 3-2 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 application, 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
neem fulfilled.
NOW, THEREFORE, THE CITY COUNCIL 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 18, 2020, are true and correct.
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SECTION 2. This City Council finds that based upon the entire record, pursuant
to Sections 9107.09.050, 9105.03.060 and 9107.050(B) of the City's Development Code,
all of the following findings can be made:
Minor Use Permit
1. The proposed use is consistent with the General Plan and any applicable
specific plan.
FACT: Approval of the Project would be consistent with the General Plan Land
Use Designation of Commercial and Mixed Use, both of which allow a residential density
of 80 units per acre, and a Floor Area Ratio of 1.0. Both land use designations allow
mixed-use developments that encourage a strong pedestrian-oriented environment that
takes advantage of easy access to transit. The proposed commercial uses integrate well
with the proposed residential use and both will assist in increasing activity in the
Downtown area. 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-1.8: Encourage development types that support transit and other
alternative forms of transportation, including bicycling and walking.
• Policy LU-4.2: Encourage residential development that enhances the visual
character, quality, and uniqueness of the City's neighborhoods and districts.
• Policy LU-4.3: Require the provision of adequate private and common open
space for residential units. Require sufficient on-site recreational facilities to
meet the daily needs of residents, if possible, commensurate with the size of
the development.
• Policy LU-6.4: Encourage design approaches that create a cohesive, vibrant
look and that minimize the appearance of expansive parking lots on major
commercial corridors for new or redeveloped uses.
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• 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 Minor Use Permit, and complies with all other applicable provisions of the
Development Code and the Municipal Code.
FACT: The Project site is zoned Central Business District ("CBD") and Downtown
Mixed Use ("DMU"), which both allow mixed-use developments subject to the review and
approval of a Minor Use Permit. The Project complies with all the development standards
of the CBD and DMU zone. 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 and the Municipal Code.
3. The design, location, size, and operating characteristics of the proposed
activity will be compatible with the existing and future land uses in the vicinity.
FACT: The subject site for the Project measures approximately 1.74 acres in lot
area, and is located within the Central Business District ("CBD") and Downtown Mixed Use
("DMU") Zones. The site is located within the City's Downtown area and is bounded by
commercial uses to the west, east, north and south, across Huntington Drive. The Project
will provide ground-floor commercial uses, which will be compatible with the existing and
future land uses in the vicinity. The Project will also provide residential units, which will
bring a much needed residential population to the Downtown area to support the
commercial uses in the area. In addition, as part of the Project, and as required by CEQA,
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an IS/MND was prepared for the proposed Project and it concluded that with implemented
mitigation measures, the Project will have less-than-significant impacts. Therefore, the
Project and operation of the Project will be compatible with the existing and future land
uses in the vicinity.
4. The site is physically suitable in terms of:
a. Its design, location, shape, size, and operating characteristics of the proposed
use in order to accommodate the use, and all fences, landscaping, loading, parking,
spaces, walls, yards, and other features required to adjust the use with the land and uses
in the neighborhood;
FACT: The Project site measures approximately 1.74 acres in lot area, and can
physically support the proposed Project. The proposed commercial component of the
Project will not exceed the Floor Area Ratio of 1.0 (proposed: 0.14), and the residential
component will not exceed the maximum density of 80 units per acre (proposed at 79 du).
In addition, the site is physically suitable to accommodate the 295 parking stalls required
for the Project, and the 55 public parking spaces, as required by a Development
Agreement. Lastly, the Code requires a minimum of 5% of the parking lot area to be
landscaped. This requirement is only applicable to open parking lots and not parking
structures. However, the Project proposes approximately 700 square feet of landscaped
area provided throughout the residential common areas of the Project. Therefore, the site
is adequate in size to accommodate the existing uses and the Project.
b. Streets and highways adequate in width and pavement type to accommodate
public and emergency vehicle (e.g., fire and medical) access;
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FACT: The Project site is located along Huntington Drive and Wheeler Avenue,
both of which are designated and designed with the capacity to accommodate both public
and emergency vehicles. The streets are adequate in width and pavement type to carry
the traffic that would be generated by the Project, and to support emergency vehicle
access. In addition, as part of the environmental review for the Project, a Traffic Impact
Analysis was prepared. The analysis evaluated eight (8) intersections in the vicinity of the
Project. The analysis concluded that the Project will not create significant traffic impacts
at any of the studied intersections. Therefore, no traffic mitigation measures are required
for the Project.
c. Public protection services (e.g., fire protection, police protection, etc.); and
FACT: The Project will be constructed on seven commercial parcels which will be
subdivided as part of the proposed development. The existing commercial parcels are
serviced by the Arcadia Fire and Police Departments. As part of the environmental review
process, the IS/MND determined that Fire and Police protection services would not be
impacted. The need for new or altered Fire or Police services is usually associated with
substantial population growth. The Project is not anticipated to cause substantial
population growth; therefore, no impacts to public protection services are anticipated.
d. The provision of utilities (e.g., potable water, schools, solid waste collection and
disposal, storm drainage, wastewater collection, treatment, and disposal, etc.).
FACT: The Project will be located on seven commercial parcels which will be
subdivided as part of the proposed Project and all are serviced by existing utilities. As part
of the development, new utility connections, including connections for potable water and
storm drainage, will be required. The IS/MND prepared for the Project determined that no
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impacts to the provision of utilities would be created by the proposed mixed-use
development.
5. The measure of site suitability shall be required to ensure that the type,
density, and intensity of use being proposed will not adversely affect the public
convenience, health, interest, safety, or general welfare, constitute a nuisance, or be
materially injurious to the improvements, persons, property, or uses in the vicinity and zone
in which the property is located.
FACT: The Project is not expected to be detrimental to the public health or welfare,
or the surrounding properties. The Project will be compatible with the surrounding
commercial uses in the general area. The IS/MND prepared for the Project 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, no impacts to the uses in the vicinity and zone in which the property
is located are anticipated.
Vesting Tentative Map
6. 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: Approval of the Project with a vesting tentative map to subdivide the
airspace is consistent with the Commercial and Mixed-Use Land Use designations. Both
land uses are intended to accommodate mixed-use developments with a residential
density of up to 80 units per acre, and a floor area ratio of 1.0. The proposed Project is
located in the Downtown area and is in conformance with the City's General Plan,
Development Code, and the Subdivision Map Act. The site is physically suitable for this
type of development, and the approval of the architectural design for the building is
compatible with the scale and character of the existing neighborhood. The proposal 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-1.8: Encourage development types that support transit and other
alternative forms of transportation, including bicycling and walking.
• Policy LU-4.2: Encourage residential development that enhances the visual
character, quality, and uniqueness of the City's neighborhoods and districts.
• Policy LU-4.3: Require the provision of adequate private and common open
space for residential units. Require sufficient on-site recreational facilities to
meet the daily needs of residents, if possible, commensurate with the size of
the development.
• Policy LU-6.4: Encourage design approaches that create a cohesive, vibrant
look and that minimize the appearance of expansive parking lots on major
commercial corridors for new or redeveloped uses.
• Policy LU-6.5: Where mixed-use is permitted, promote commercial uses that
are complementary to adjacent residential uses.
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7. The site is physically suitable for the type and proposed density of
development.
FACT: The subject site measures approximately 1.74 acres in lot size and is
located within the Central Business District ("CBD") and Downtown Mixed Use ("DMU")
zones. Both zones have a minimum residential density of 80 units per acre, and a floor
area ratio of 1.0 for non-residential uses. The Project proposes a residential density of 79,
and a commercial FAR of 0.14; therefore, the Project is in compliance with the
Development Code and the site is physically suitable for the Project. In addition, there are
no physical impediments to the development of this site for residential condominiums or
the proposed commercial and parking airspace subdivision.
8. 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 proposed vesting tentative map to subdivide the air space for 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.
9. The design of the subdivision or type of improvements is not likely to cause
serious public health or safety problems;
FACT: The proposed subdivision is to subdivide the air space of the proposed
Project. The construction of the proposed Project will be done in compliance with Building
and Fire Codes and all other applicable regulations. The proposed density will be below
the maximum allowed by the Central Business District ("CBD") and Downtown Mixed Use
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("DMU") zones and the City's existing infrastructure will adequately serve the Project. In
addition, the Project meets all health and safety requirements, and will not cause any
public health or safety problems.
10. 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
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).
FACT: The Project will include the construction of a subterranean parking structure
underneath a public alley. As part of the development, the alley will be vacated and an
access easement will be provided to the City for public alley access purposes. Based on
the vesting tentative map, there are no other easements on the subject properties.
11. 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 new development, and the requirements
of the California Regional Water Quality Control Board will be satisfied.
12. The design of the subdivision provides, to the extent feasible, passive or
natural heating and cooling opportunities.
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FACT: The proposed vesting tentative map and Project have been reviewed by
Building Services to ensure compliance with the California Building Code, which includes
requirements associated with heating and cooling requirements.
13. 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.
FACT: The proposed subdivision as conditioned complies with the density
requirements of the City's Development Code, and all the improvements required for the
site and each unit will comply with the regulations in the City's Development Code.
Major Administrative Modification
Section 9107.050(B) of the Development Code requires that for an Administrative
Modification to be approved, the Review Authority must make at least one of the following
findings:
A. Promote uniformity of development;
B. Prevent an unreasonable hardship; or
C. Secure an appropriate improvement of a parcel
FACT: The Modification request is to provide tandem stalls that measure 9 feet in
width in lieu of the 11 feet required by the City's Development Code, and parking stalls
that face or are adjacent to a wall that measure 18 feet in depth in lieu of the 20 feet
required by the City's Development Code. The Modification request would secure an
appropriate improvement to the site in that the tandem parking spaces will be dedicated
to the residential units only, it is a common parking style in urban-style developments as
a space saving option for residential units, and tandem parking spaces will not be applied
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to guest spaces, replacement public parking spaces, or commercial spaces. In terms of
the reduction to the parking dimensions for the parking stalls, either tandem or standard,
they are still functional parking spaces. The proposed dimensions are common in
neighboring cities, and are considered standard size stalls in the parking industry. The
additional width and/or length for these types of stalls are provided in the City's
Development Code as a matter of convenience and to provide additional maneuvering
space. If the modification is granted, it would still allow the property owner to utilize their
property to the fullest, similar to the mixed-use project that was recently approved at the
Le Meridien site with the same parking dimensions. Therefore, the proposed Project
would secure an appropriate improvement to this site and for the mixed-use development.
SECTION 3. For the foregoing reasons the City Council approves the Mitigated
Negative Declaration and Mitigated Monitoring and Reporting Program in accordance with
the California Environmental Quality Act ("CEQA"), and approves Minor Use Permit No.
MUP 20-04, Major Administrative Modification No. Major AM 20-11 , Architectural Design
Review No. ADR 18-05, and Vesting Tentative Tract Map No. TTM 19-01 (82734).
SECTION 4. The Secretary shall certify to the adoption of this Resolution.
[SIGNATURES ON NEXT PAGE]
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Passed, approved and adopted this 18th day of August, 2020.
AL_c-tJ
Mayor ISf the City of Arcadia
ATTEST:
Ael‘°•�Cle�rl�
APPROVED AS TO FORM:
P.
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. 7331 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: Beck, Cheng, Tay, and Chandler
NOES: None
ABSENT: None
Council Member Verlato was recused from the vote.
ity Clerk of the City of Arcadia
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RESOLUTION NO. 7331
Conditions of Approval
1. The project shall be developed and maintained by the Owner/Applicant in a
manner that is consistent with the plans approved by the City Council for MUP 20-
04, Major AM 20-11, ADR 18-05, and TTM 19-01 (82734), and a Development
Agreement, subject to the satisfaction of the Planning & Community Development
Administrator or designee.
2. The Owner/Applicant shall submit a haul route map and construction staging plan
to Planning Services prior to issuance of a grading permit.
3. The Owner/Applicant shall be responsible for the repair of all damage to public
improvements in the public right-of-way resulting from construction related
activities, including, but not limited to, the movement and/or delivery of equipment,
materials, and soils to and/or from the site.
4. Prior to issuance of a building permit, the Owner/Applicant shall submit a parking
management plan, which will include information on how the public parking spaces
will be managed and which stalls will be allocated to each of the residential units.
The Planning & Community Development Administrator, or designee, shall have
the authority to approve revisions to the parking during plan-check, except to the
55 public parking spaces. The changes to the rest of the parking lot may include,
but shall not be limited to, minor changes to the layout, reconfiguration, and/or the
additions of mechanical parking lifts. Any of these changes may be handled
administratively by the Planning & Community Development Administrator, or
designee.
5. The Applicant/Owner shall prepare and record in the Office of the Los Angeles
County Recorder the Development Agreement and the Access and Parking
Easement Agreement. Such easement shall be in a form and substance approved
by the City Attorney. The easement shall be approved prior to approval by the City
and recordation of the Final Tract Map.
6. Prior to issuance of any permits from the City, the Owner/Applicant shall find and
by means of lease make available 55 parking spaces within 1,000 feet of the
subject site, on a temporary basis for the general public to use. The parking spaces
shall be made available until the completion of the project. A copy of the tentative
lease agreement shall be provided to Planning Services, and shall be subject to
review and approval by the City Attorney, the Planning & Community Development
Administrator and Deputy Development Services Director/City Engineer, prior to
executing the lease agreement with the affected owners.
7. The outdoor plaza fronting on Huntington Drive shall be entirely hardscaped with
no lawn area provided. The final layout and materials shall be reviewed and
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approved by the Planning & Community Development Administrator, or designee,
during the Building plan check review.
8. The plans submitted tor 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
9. The grading plans shall indicate all site improvements, and shall indicate complete
drainage paths of all drainage water run-off.
10. The Owner/Applicant will be required to pay the City's Map and Final Approval Fee
prior to approval of the Final Map
11. Prior to the recordation of the Final Map, the public alley must be formally vacated
and a public access easement shall be retained in its place. The following steps
shall be taken to formally vacate the alley:
a. All utilities shall be relocated out of the alley,
b. All utility companies shall be notified of the intend to vacate the alley and
utility clearances shall be submitted to the City.
c. The land owner shall make application with the City to vacate the alley and
pay the necessary fees.
d. The City shall conduct a formal street vacation process for the alley per the
requirements of the California Streets and Highways Code
e. An access easement shall be retained by the City for public access across
the alley alignment with a minimum height clearance of fifteen feet.
f. The alley Vacation Resolution shall be recorded and documented on the
final map.
12. Prior to the recordation of the Final Map, the owner shall dedicate to the City a
triangular portion of property in the northeast corner of the property adjacent to
Wheeler Avenue and Indiana Street, measuring a minimum of 12-feet
perpendicular to Indiana Street, for street and parking purposes.
13. Prior to approval of the Final Map or the issuance of a demolition permit, whichever
comes first, the Owner/Applicant shall either construct or post security for all public
improvements shown on the Vesting Tentative Map 82734 and the following
item(s):
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a. Remove and replace existing sidewalk, curb, and gutter from property line
to property line for all adjacent public right-of-way.
b. Coordinate with Public Works Services on replacement or protection of
street trees.
c. Install new driveway per City Standard plans.
d. Improvements to alley shall be through the project and extend westerly to
First Avenue. The improvement concept shall be in accordance with the
City's alley improvement plan currently in design at the time of this action.
This concept plan is intended to include enhancements like pavers, bollards
lighting etc.
14. 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. This shall be determined by the
Planning & Community Development Administrator and Public Works Director
during construction and up until issuance of a certificate of occupancy.
15. The proposed development will require a Low Impact Development ("LID") plan for
the permanent treatment of the stormwater runoff and a Stormwater Pollution
Prevention Plan ("SWPPP") for the handling of stormwater runoff during
construction. Plan requirements include using infiltration trenches, bioretention
planter boxes, roof drains connected to a landscaped area, pervious
concrete/paver, etc.
16. The buildings on Huntington Drive and Wheeler Avenue shall have separate fire
sprinkler systems and fire alarm systems.
17. Class 1 standpipes shall be provided on all floors inside stairwells and shall extend
to the roof.
18. A minimum of one elevator capable of accommodating a 24-inch by 84-inch gurney
shall be provided in each building.
19. An emergency radio responder system shall be provided for both buildings.
20. Number and placement of fire hydrants shall be determined once the final building
areas and construction types have been determined. Hydrants may be required in
alleyway.
21. The ladder truck access road for each building shall be a minimum 26 feet in width,
located at least 15 feet away but no farther than 30 feet away from the tallest
roofline of the structure, and be clear to the sky.
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22. The Owner/Applicant shall provide calculations to determine the maximum
domestic demand, maximum commercial demand, and maximum fire demand in
order to verify the required water service size required.
23. The Owner/Applicant shall provide separate water services and meters for each
separate structure as well as designated services for specific residential,
commercial, and irrigation uses.
24. The Owner/Applicant shall provide a separate landscape meter for common area
landscape irrigation. The backflow preventer on the common area irrigation shall
be Reduce Pressure Backflow Assembly as approved by the Public Works
Services Department.
25. Domestic water service for residential condominiums for each building shall be
provided by a common master meter installed within the public right-of-way.
Approved back flow prevention devices shall be installed for meter services
protection.
26. Fire protection requirements shall be as stipulated by the Arcadia Fire Department
and shall be conformed to Arcadia Standard Plan. A separate fire service with
Double Check Detector Assembly ("DCDA") shall be installed for each fire service
required.
27. A Water Meter Permit Application shall be submitted to the Public Works Services
Department prior to final plan check approval.
28. New water service installations shall be by the 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 by the Owner/Applicant, according to Public Works Services Department,
Engineering Section specifications.
29. An 8-inch City sewer main is available in the alley between Wheeler Avenue and
Huntington Drive. A portion of this sewer main will be under the proposed
underground parking structure, which is not acceptable to the City. If a portion of
this line is removed or abandoned to accommodate the proposed underground
parking structure, the developer shall re-establish all affected services in the area.
30. If a connection to a City sewer main is proposed, the Owner/Applicant shall provide
a Sewer Area Study to determine whether or not the existing City sewer system is
capable of meeting all anticipated demands of the proposed improvements. If the
developer connects directly to the County trunk line on First Avenue the
Owner/Applicant shall coordinate with the County and obtain a "will serve" letter
from the County.
31. If connecting to a City sewer main, the Owner/Applicant shall utilize existing sewer
lateral(s) if possible.
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32. If any drainage fixture elevation is lower than the elevation of the next upstream
manhole cover, an approved backwater valve is required.
33. The Owner/Applicant shall contact Dave Thompson, or designee, from the Public
Works Services Department prior to removal of any trees located within City-
owned parking lot area.
34. Existing trees on Huntington Drive and Wheeler Avenue shall remain and be
protected in place. Should any of those trees be damaged during construction,
replacement trees may be required subject to review and approval by the Public
Works Services Department.
35. The proposed project is subject to the State Water Resources Control Board's
NPDES General Construction Permit requirements, including:
a. Applicant shall submit Notice of Intent along with applicable fees to the
State.
b. Applicant to prepare a Stormwater Pollution Prevention Plan ("SWPP").
c. City will not issue a grading permit until Waste Discharge ID # can be
furnished.
36. The trash enclosure area shall comply with the following:
a. Provide a minimum of 9'-7" space for each 3-yard bin.
b. Provide a minimum roof clearance to allow the bin lids to open completely.
c. Need to accommodate all required bins, including, but not limited to, trash,
recycling, and organics recycling bins.
d. Provide a minimum of one (1) foot clearance around each required bin.
37. The project shall comply with the City's Water Efficient Landscaping Ordinance
("WELO"). The application shall be submitted with the plans for plan check in
Building Services.
38. The Applicant/Owner 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, or their respective designees. 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.
39. The Owner/Applicant shall defend, indemnify, and hold harmless the City of
Arcadia and its officials, officers, employees, and agents from and against any
claim, action, or proceeding against the City of Arcadia, its officials, officers,
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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.
40. Approval of Minor Use Permit No. MUP 20-04, Major Administrative Modification
No. Major AM 20-11, Architectural Design Review No. ADR 18-05, and Vesting
Tentative Tract Map No. TTM 19-01 (82734) 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.
Mitigation Measures as Conditions of Approval
The following conditions are found in the Mitigation Monitoring and Reporting Program
("MMRP"). They are recorded here to facilitate review and implementation. More
information on the timing and responsible parties for these mitigation measures is detailed
in the MMRP.
41. Geology & Soils — MM GEO-1 Prior to the issuance of a demolition permit, the
Applicant shall submit the name and qualifications of a qualified paleontologist to
the City of Arcadia Development Services Department for review and approval.
Once approved, the qualified paleontologist shall be retained by the Applicant on
an on-call basis to observe grading activities in the older Quaternary Alluvium on
the Project site and to salvage and catalogue fossils as necessary. At the Project's
Pre-Grade Meeting, the paleontologist shall discuss the sensitivity of the sediment
being graded and shall establish procedures for monitoring. Protocols must be
developed and explained for temporarily halting or redirecting work to permit
sampling, identification, and evaluation of any fossils discovered. If the fossils are
deemed significant, the paleontologist shall determine appropriate actions, in
cooperation with the City of Arcadia, to recover and treat the fossils and to prepare
them to the point of identification. A final Paleontological Resources Monitoring
Report shall include a catalogue and analysis of the fossils found; a summary of
their significance; and the repository that will curate the fossils in perpetuity.
42. Hazards & Hazardous Materials -MM HAZ-1 Prior to the issuance of a demolition
permit, pre-demolition surveys for asbestos-containing materials ("AGMs") and
lead-based paint ("LBP") shall be performed for the structures proposed for
demolition. All surveys, inspections, and analyses shall be performed by fully
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licensed and qualified individuals in accordance with all applicable federal, State,
and local regulations. If the pre-demolition surveys/inspections do not identify
ACMs or LBP, the Developer shall provide documentation to the City of the
survey/inspection showing that no further abatement actions are required. If the
pre-demolition surveys/inspections identify ACMs or LBP, all such materials shall
be handled in accordance with applicable regulations, including, but not limited to
15 United States Code ("USC') Chapter 53 Toxic Substances Control; Division of
Occupational Safety and Health ("Cal/OSHA") regulations (8 CCR Section 1529
[Asbestos] and Section 1532.1 [Lead]); and SCAQMD Rule 1403 (Asbestos
Emissions from Demolition/Renovation Activities). After demolition, the Developer
shall provide documentation to the City illustrating that abatement of any ACMs or
LBP identified in the demolished structure has been completed in full compliance
with applicable regulations.
43. Noise MM NOI-1 The Developer shall require that all construction contractors
restrict the operation of the following construction equipment to beyond the
following distances from off-site buildings: (1) vibratory rollers and large bulldozers
— 25 feet, and (2) loaded trucks and other large equipment (vehicle weight greater
than 25,000 lbs.) — 15 feet. Any activities occurring within 5 feet of existing property
line shall use non-vibration intensive methods such as use of concrete saws,
universal processors, expansive agents for demolition.
44. Transportation MM TRANS-1 Prior to the issuance of a grading permit, a
Construction Management Plan shall be prepared by the Developer for the review
and approval of the City of Arcadia and any other affected jurisdictions in
accordance with the Manual on Uniform Traffic Control Devices ("MUTCD').
Construction activities shall comply with the approved plan to the satisfaction of
the City of Arcadia. The Developer will begin coordination with the City on the
Construction Management Plan as soon as practicable during the final design
process and in advance of construction so that effective measures can be
developed to avoid, minimize, and mitigate construction impacts to parking and
circulation within the City of Arcadia downtown. At a minimum, the Construction
Management Plan shall:
a. Describe the duration and location of lane closures (if any).
b. Address traffic control for any partial street closures, detours, or other
disruption to traffic circulation during project construction, including as-
needed use of flag persons and signage.
c. Identify the routes that construction vehicles would utilize for the delivery of
construction materials to access the project site. Haul routes would follow
the City's approved truck routes and avoid residential streets.
d. Identify the location of parking and materials storage for construction
workers during all phases of construction. Parking for construction workers
would be provided on-site or at additional off-site locations that are not on
public streets.
e. Identify of emergency access points/routes.
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f. Specify the hours during which transport activities can occur and methods
to mitigate construction-related impacts to adjacent streets.
g. Require the contractor to keep all haul routes clean and free of debris
including but not limited to gravel and dirt as a result of its operations. The
contractor shall clean adjacent streets, as directed by the City Engineer (or
representative of the City Engineer), of any material, which may have been
spilled, tracked, or blown onto adjacent streets or areas.
h. All hauling or transport of oversize loads would occur between the hours of
7:00 AM and 5:00 PM only, Monday through Friday, unless approved
otherwise by the City Engineer. No hauling or transport shall be allowed
during nighttime hours, weekends or Federal holidays.
i. Include details on the maintenance of bicycle and pedestrian facilities and
connectivity through the Project to the satisfaction of the City Engineer.
j. Require that haul trucks entering or exiting public streets shall at all times
yield to public traffic, pedestrians, bicyclists, and other users.
k. Provisions for the contractor to repair existing pavement, streets, curbs,
sidewalks, and/or gutters that may be altered during project construction.
The repairs shall be completed in consultation with and to the satisfaction
of the City Engineer.
I. Require that all construction-related parking and staging of vehicles will be
kept out of the adjacent public roadways and will occur either on-site or on
designated off-site parcels that would not adversely affect access to or
parking within the downtown.
m. Use of temporary fencing around the project site (e.g., temporary fencing
with opaque material).
45. Transportation MM TRANS-2 Technical Review: Prior to the issuance of a
demolition permit for the Project, the Applicant shall submit written proof to the City
that engineering drawings and calculations as well as construction work plans and
methods including any crane placement and radius have been submitted to Metro
for review. Approval from Metro shall not be required to proceed with the Project.
46. Transportation MM TRANS-3 Overhead Catenary System ("OCS"): The
Applicant shall take all necessary measures to protect the OCS from damage due
to Project activities during and after construction. During construction, the
Applicant shall post warning signage for equipment working around the OCS wires.
47. Transportation MM TRANS-4 Construction Safety: The construction and
operation of the Project shall not disrupt the operation and maintenance activities
of the Metro Gold Line or the structural and systems integrity of Metro's light rail
infrastructure. Not later than one month before Project construction, the Applicant
shall schedule a pre-construction meeting to discuss Project construction,
communication protocols, and other related topics. The meeting would include the
Applicant, key Project construction personnel, the City of Arcadia, and Metro staff,
which may include staff from Real Estate, Construction Management, and
Construction Safety staff. During Project construction, the Applicant shall
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coordinate with Metro as needed to ensure that Metro infrastructure and operations
are not compromised by construction activities or permanent build conditions. The
Applicant shall notify Metro of any changes to construction activities that may
impact the use of the ROW. The Applicant shall allow Metro staff to monitor
demolition and/or construction activities to confirm no impacts have occurred to
the Gold Line right-of-way.
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