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HomeMy WebLinkAbout01-27-09 :;" j (I) AGENDA ARCADIA PLANNING COMMISSION Tuesday, Janumy 27, 2009, 7:00 P.M. Arcadia City Council Chambers PLEDGE OF ALLEGIANCE ROLLCALL MOTION: To read the Resolution by title only and waive reading the full text of the Resolution. SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS TIME RESERVED FOR mOSE IN mE AUDIENCE WHO WISH TO ADDRESS mE PLANNING COMMISSION ON NON-PUBLIC HEARING ITEMS - 5 minute time limit per person. All interested persons are invited to appear at the Public Hearing and to provide evidence or testimony concerning any of the proposed items set forth below for consideration. You are hereby advised that should you desire to legally challenge any action taken by the Planning Commission with respect to the proposed item for consideration, you may be limited to raising only those issues and objections, which you or someone else raises at or prior to the time of the Public Hearing. PUBLIC HEARING 1. CONDmONAL USE PERMIT NO. CUP 08-15 (Continued from December 9,2008 and January 13,2009) 921 S. Baldwin Avenue, Units G & H (dba Happy Blues Crab) Terence Kwok: (Architect) The applicant is requesting a Conditional Use Permit to expand an existing eating establishment into an adjacent unit to create a 1,971 square foot dine-in restaurant with beer and wine service and seating for 40 patrons. RECOMMENDATION: Conditional approval A Resolution reflecting the decision of the Planning Commission will be presentedfor adoption at the next Commission meeting. There is a five working day appeal period after the adoption of the Resolution. 2. CONDITIONAL USE PERMIT NO. CUP 08-19 921 S. Baldwin Avenue, Unit A (dba Dumpling House) Terence Kwok (Architect) The applicant is requesting a revision to a previously approved Conditional Use Permit and parking modification (CUP 94-01/ Resolution No. 1508) for a 1,376 square-foot eating establishment with seating for eight (8) patrons. The applicant is requesting to increase the number of permitted seats from eight (8) to thirty-seven (37). RECOMMENDATION: Conditional approval A Resolution reflecting the decision of the Planning Commission will be presentedfor adoption at the next Commission meeting. There is afive working day appeal period after the adoption of the Resolution. 3. TEXT AMENDMENT 09-01 Citywide Text Amendment No. TA 09-01 establishes regulations for wireless communications facilities in the City's Zoning Ordinance; Article IX, Chapter 2, Part 8 of the Arcadia Municipal Code. RECOMMENDATION: Approval Any writings or documents provided to a majority of the Planning Commission members regarding any item on this agenda will be made available for public inspection in the Planning Services office at City Hall, 240 W. Huntington Dr., Arcadia, CA 91007, (626)574-5423. PC AGENDA 1-27-09 iI CONSENT ITEMS 4. RESOLUTION NO. 1788 A Resolution of the Planning Commission of the City of Arcadia, California, approving Conditional Use Permit No. CUP 08-18 to allow teen driver safety classes with a maximum of 18 students in a 493 square-foot conference room on the second floor of an existing general office use at 420 E. Huntington Drive. RECOMMENDATION: Adopt 5. MINUTES OF JANUARY 13,2009 RECOMMENDATION: Approve MATTERS FROM CITY COUNCIL & PLANNING COMMISSION MODIFICATION COMMITTEE AGENDA MATTERS FROM STAFF & UPCOMING AGENDA ITEMS ADJOURNMENT Any writings or documents provided to a majority of the Planning Commission members regarding any item on this agenda will be made available for public inspection in the Planning Services office at City Hall, 240 W. Huntington Dr., Arcadia, CA 91007, (626)574-5423. PC AGENDA 1-27-09 ..:0 I PLANNING COMMISSION 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 the City Clerk 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. Public Hearin2 Procedure 1. The public hearing is opened by the Chainnan of the Planning Commission. 2. The Planning report is presented by staff. 3. Commissioners' questions relating to the Planning report may be answered at this time. 4. The applicant is afforded the opportunity to address the Commission. 5. Others in favor of the proposal are afforded the opportunity to address the Commission (LIMITED TO 5 MINUTES). 6. Those in opposition to the proposal are afforded the opportunity to address the Commission (LIMTIED TO 5 MINUTES). 7. The applicant may be afforded the opportunity for a brief rebuttal (LlMIlED TO 5 MINUTES). 8. The Commission closes the public hearing. 9. The Commission members may discuss the proposal at this time. 10. The Commission then acts on the proposal and either approves, approves with conditions or modifications, denies the application, or continues it to a certain date. 11. Following the Commission's action on Conditional Use Permits and Variances, a resolution reflecting the decision of the Planning Commission is prepared for adoption by the Commission. (There is a five working day appeal period after the adoption of the resolution). 12. Following the Commission's action on Modifications and Design Reviews, there is a five working day appeal period. 13. Following the Commission's review of Zone Changes, Text Amendments and General Plan Amendments, the Commission's comments and recommendations are forwarded to the City Council for the Council's consideration at a scheduled public hearing. 14. Following the Commission's action on Tentative Tract Maps and Tentative Parcel Maps (subdivisions) there is a ten calendar day appeal period. Any writings or documents provided to a majority of the Planning Commission members regarding any item on this agenda will be made available for public inspection in the Planning Services office at City Hall, 240 W. HlUltington Dr., Arcadia, CA 91007, (626)574-5423. PC AGENDA 1-27-09 STAFF REPORT Development Services Department January 27, 2009 TO: Arcadia Planning Commission FROM: Jim Kasama, Community Development Administrator By: Steven Lee, Assistant Planner SUBJECT: Conditional Use Permit Application No. CUP 08-15 and a related parking modification for a 1,971 square-foot restaurant with beer and wine service and seating for 40 patrons at 921 S. Baldwin Avenue, Units G & H SUMMARY Conditional Use Permit Application No. CUP 08-15 was continued from the December 9, 2008 Planning Commission meeting. CUP 08-15 proposes to expand an existing 1,006 square-foot eating establishment into an adjacent unit to create a 1,971 square-foot dine-in restaurant with beer and wine service and seating for 40 patrons. The Development Services Department is recommending approval of Conditional Use Permit Application No. CUP 08-15, subject to the conditions listed on page 6 of this report. GENERAL INFORMATION APPLICANT: Terence Kwok (Architect) LOCATION: 921 S. Baldwin Avenue, Units G & H REQUEST: A Conditional Use Permit and parking modification to allow a 1,971 square-foot restaurant with beer and wine service and seating for 40 patrons at 921 S. Baldwin Avenue, Units G & H SITE AREA: Approximately 29,710 square feet (0.68 acre) FRONTAGES: Approximately 182 feet along South Baldwin Avenue and 120 feet along Fairview Avenue ZONING & EXISTING LAND USE: The site is zoned C-2, General Commercial, and is developed with a one-story 9,976 square-foot commercial strip center containing a mix of commercial uses. A total of 50 parking spaces are provided in a surface lot behind the building. GENERAL PLAN DESIGNATION: Commercial SURROUNDING LAND USES & ZONING: North: Bank and restaurant, zoned C-2 South: Convenience store, zoned C-2 East: Mixed commercial, zoned C-2 West: Multiple-family residential, zoned R-3 PUBLIC HEARING NOTIFICATION Public hearing notices of Conditional Use Permit No. CUP 08-15 were mailed on November 26, 2008 to the property owners, tenants and occupants of those properties that are within 300 feet of the subject commercial center (see attached radius map). Because the proposed project is exempt from the requirements of the California Environmental Quality Act (CEQA), the public hearing notice was not published in the Arcadia Weekly newspaper. Additionally, the application was not re-noticed for tonight's meeting because the public hearing was closed at the December 9, 2008 meeting with discussion continued to a date certain. Staff did not receive any comments from the neighboring residents or business owners regarding the proposed restaurant. BACKGROUND The subject units are located at the south end of an existing single-story 9,976 square- foot commercial strip center constructed in 1987. Unit H is currently occupied by the English House of Fish & Chips, and is operating under Conditional Use Permit No. CUP 87-19 for an eating establishment with seating for 12 patrons. Unit G was previously part of a martial arts studio (CUP 96-01) but is currently vacant. A public hearing on this proposal was held by the Planning Commission at its December 9,2008 meeting. However, because the owner of another restaurant in the same retail center testified that she had just submitted a Conditional Use Permit application to increase the number of permitted seats in her restaurant, the Commission decided to continue discussion of CUP 08-15 to tonight's meeting so that both CUP applications could be reviewed concurrently. On December 15, 2008, the owner of the proposed business, Dr. Nan Sook Lee, submitted a letter explaining that the delay had put her business plans in jeopardy. Dr. CUP 08-15 921 S. Baldwin Avenue, Units G & H January 27, 2009 - page 2 Lee requested that the Planning Commission reconsider the continuance and act on the application as soon as possible. On January 13, 2009, the Planning Commission reaffirmed the continuance to review the application at tonight's meeting. PROPOSAL AND ANALYSIS The applicant is proposing to expand an existing eating establishment into an adjacent unit to create a 1,971 square-foot dine-in restaurant (dba Happy Blues Crab) with beer and wine service and seating for 40 patrons. The proposed hours of operation are 11 :00 a.m. to 11 :00 p.m., 7 days a week. According to Arcadia Municipal Code Section 9275.1.53.5, a restaurant is permitted in the C-2 zone with an approved Conditional Use Permit. The proposed restaurant would be located at the south end of the multi-tenant commercial strip center on the northwest comer of Baldwin Avenue and Fairview Avenue. The commercial center currently contains a mix of retail uses, restaurants, and a dental office. Several Conditional Use Permits and Parking Modifications have been approved for this center over the last 20 years, resulting in an overall parking deficiency at the site. The current uses and parking requirements of the center are summarized in the table below: Unit # A B C D E F G* H* Totals: *Subject units 921 S. Baldwin Avenue - Existing Uses and Parking Requirements Parking Reauired 13.6 13.9 8.7 7.8 5.4 5.8 4.8 10.06 70 Current Use Restaurant Restaurant Dental office Fitness gym Flower shop Day spa Vacant (presumed retail) Eatina establishment Sa. Fta. 1,358 1,393 1,447 1,563 1,075 1,169 965 1.006 9,976 Notes CUP 94-01 (max 8 seats) CUP 89-19 (max 40 seats) MC 91-08 CUP 87-19 (max 12 seats) With a parking requirement of 70 spaces and only 50 spaces provided on-site, the center is currently deficient by 20 parking spaces. Approval of the proposed restaurant would further increase the deficiency because the proposal involves converting a general retail space (Unit G) into a restaurant use, and the parking requirement is greater for restaurants than for retail uses (10 spaces per 1,000 square feet of floor area for restaurants/eating establishments versus 5 spaces per 1,000 square feet for retail). Pursuant to the City's parking regulations, a 1,971 square-foot restaurant would require 20 parking spaces, or 5 spaces more than would be required if unit G were to remain retail and unit H were to remain an eating establishment. As a result, the parking deficiency at the center would increase from 20 to 25 spaces; 50 spaces in lieu of 75 spaces required overall. In order to assess the actual parking situation at the site, the Development Services Department asked the applicant to provide a parking survey tracking the number of vacant parking stalls at the site at different times of the day. The attached survey was CUP 08-15 921 S. Baldwin Avenue, Units G & H January 27,2009 - page 3 conducted between Thursday, September 11, 2008 and Sunday, September 21,2008. The applicant recorded the number of unoccupied parking spaces at hourly intervals between 10:00 a.m. and 9:00 p.m. Staff visited the site on multiple occasions and verified that the survey data is accurate. As expected, parking demand was highest during the lunch and dinner hours due to the numerous restaurants at the center. Parking availability ranged from 47 vacant spaces at 10:00 a.m. on a Sunday to only 2 vacant spaces at 7:00 p.m. on a Friday. The parking shortage was particularly severe during weekend dinner hours when the parking lot was consistently over 90 percent occupied. Under the current parking conditions, staff believes the opening of a new 40-seat restaurant has the potential to create a serious parking shortage at the site. However, while researching the files for the subject property, staff discovered that the restaurant in unit A (dba Dumpling House) is only permitted to have seating for 8 patrons in accordance with Conditional Use Permit No. CUP 94-01, which was originally granted for a Mexican fast-food restaurant. According to the City's business license records, there have been at least two other restaurants in the unit prior to Dumpling House, but staff is unaware of whether or not they were operating in compliance with the seating condition. Unfortunately, the dumpling restaurant has been operating with 44 seats since it opened in 2006. As a result, the owner of Dumpling House recently submitted a Conditional Use Permit application (CUP 08-19) to revise the previously approved CUP and increase the number of permitted seats from 8 to 37. Both Conditional Use Permit applications are under consideration at tonight's hearing. Although the Municipal Code's parking requirement for restaurants and eating establishments is based on gross floor area and not the number of seats, staff believes that limiting the number of tables and chairs available for customer use could reduce the demand for parking. The subject commercial center currently has three restaurants and eating establishments with a total of 96 seats. Staff finds the two CUP requests to be acceptable provided that the aggregate number of restaurant seats at the center does not increase. Eliminating the existing 40-seat Japanese restaurant in unit B from the equation, there are a total of 56 seats available for Dumpling House and the proposed Happy Blues Crab restaurant. Staff recommends allocating the 56 seats proportionally based on each unit's square footage. Unit A (Dumpling House) is 1,358 square feet in area and Units G & H, when combined, would be 1,971 square feet, or approximately 45 percent larger than unit A. Therefore, unit A should be allocated 23 seats and units G & H should be allocated 33 seats (approximately 45 percent more). The existing and proposed seating capacities are summarized in the following table: Restaurant seating capacities at 921 S. Baldwin Avenue Current conditions Unit A (Dumpling House).... ........44 seats Unit B (Japanese Restaurant).....40 seats Unit H (Fish & Chips).................12 seats Total.................................... .96 seats Prooosed Unit A (Dumpling House).. ..... .......23 seats Unit B (Japanese Restaurant)....... 40 seats Units G & H (Happy Blues Crab)....33 seats Total...................................... ..96 seats CUP 08-15 921 S. Baldwin Avenue, Units G & H January 27, 2009 - page 4 Though approval of this CUP will further increase the parking deficiency at the site by five (5) parking spaces, staff believes the actual parking situation will not be significantly affected provided that the restaurants strictly adhere to the approved seating limits. This will obviously require monitoring by staff. Additionally, it is staff's opinion that allocation of the seats to each restaurant based on its square footage is equitable to both parties, and will help ensure that all of the businesses at the center can continue to operate with adequate parking for their customers and employees. CODE REQUIREMENTS All City requirements regarding disabled access and facilities, occupancy limits, building safety, emergency access, and site design shall be complied with to the satisfaction of the Building Official, Community Development Administrator, Fire Marshall, City Engineer, and Public Works Services Director. CEQA Pursuant to the provisions of the California Environmental Quality Act (CEQA), the Development Services Department has determined that the proposed project is a minor alteration of an existing facility, and is therefore categorically exempt from CEQA (Class 1, Section 15301). A Preliminary Exemption Assessment is attached. FINDINGS Section 9275.1.2 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. That the granting of such Conditional Use Permit will not be detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity. 2. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized. 3. That the site for the proposed use is adequate in size and shape to accommodate said use, and all yards, spaces, walls, fences, parking, loading, landscaping, and other features required to adjust said use with the land and uses in the neighborhood. 4. That the site abuts streets and highways adequate in width and pavement type to carry the kind of traffic generated by the proposed use. 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. CUP 08-15 921 S. Baldwin Avenue, Units G & H January 27, 2009 - page 5 RECOMMENDATION The Development Services Department recommends approval of Conditional Use Permit Application No. CUP 08-15, subject to the following conditions: 1. The business hours of the restaurant shall not exceed 11 :00 a.m. to 11 :00 p.m., 7 days a week. 2. The restaurant shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and conditionally approved for CUP 08-15 (a 1,971 square-foot restaurant with beer and wine service and seating for up to 33 patrons), subject to the satisfaction of the Community Development Administrator. 3. The approval of CUP 08-15 includes a parking modification of 50 spaces in lieu of 75 required. This modification is approved only for the specific combination of uses approved by CUP 08-15, and not for the building and/or site in general. 4. Noncompliance with the plans, provisions and conditions of approval for CUP 08- 15 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the restaurant. 5. All City requirements regarding disabled access and facilities, occupancy limits, building safety, emergency access, and site design shall be complied with to the satisfaction of the Building Official, Community Development Administrator, Fire Marshall, City Engineer, and Public Works Services Director. 6. Approval of CUP 08-15 shall not take effect until the property owner(s), business owner(s), and applicant have executed and filed the Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. 7. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officers, employees or agents to attack, set aside, void, or annul any approval or condition of approval of the City of Arcadia concerning this project and/or land use decision, including but not limited to any approval or condition of 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 officers, employees, and agents in the defense of the matter. CUP 08-15 921 S. Baldwin Avenue, Units G & H January 27, 2009 - page 6 PLANNING COMMISSION ACTION Approval If the Planning Commission intends to approve this proposal, the Commission should move to approve Conditional Use Permit No. CUP 08-15, state the supporting findings, and direct staff to prepare a resolution incorporating the Commission's decision, specific determinations and findings, including the CEQA exemption, and the conditions of approval, for adoption at the next meeting. Denial If the Planning Commission intends to deny this proposal, the Commission should move to deny Conditional Use Permit Application No. CUP 08-15, state the finding(s) that the proposal does not satisfy, and direct staff to prepare a resolution incorporating the Commission's decision and specific findings, for adoption at the next meeting. If any Planning Commissioner, or other interested party has any questions or comments regarding this matter prior to the January 27th meeting, please contact Steven Lee, Assistant Planner, at (626) 574-5444 or via email atslee@cLarcadia.ca.us. asama, Community Development Administrator Attachments: Aerial Photo with Zoning Information Radius Map Plans Parking Survey Photos Preliminary Exemption Assessment CUP 08-15 921 S. Baldwin Avenue, Units G & H January 27, 2009 - page 7 CUP 08-15 - 921 S. Baldwin Ave., Units G & H CUP 08-19 - 921 S. Baldwin Ave., Unit A ... ...... 62.60 /~2TRN07."!l!f .~ 6985 , !. Y.'O' !tll'> ... : i 1 II ) @ tfll) i @ l.!~. Ie... Dll.~ ~ ,~ 6 5 '&(!9 647 .I~ - 3 ) e2.8O b3.15 L@ 531 Z' 86 i ~ 0 ~ ~ Pi J 9li (ff1i) SHEET 2 . 1 - I #II"" F"AIRVtEW us 81) "'."1 -?f :Mil I ."''' .\ .....-1,.., NO 2731 5220 1 I~ POR @) It? tS @Vii "170 11 aL @@: 2 187m _ ..:-l' -- -1iOR-~- (lJ ~ :: ZI4.44 . ~ t/J l- II. ,. ~ 9J .. a 71 1 II) ~ S ,... l'OII 'lOt' C @ 11 t- .... 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N .... N it) "'t u; <0 ~ cO 0; ..... .... .... - e It) I - ~ i 0) c ~ tu 0."; .ill .Q::J =I~ iUc -&. Ii Q..!!! ~'i6 ~iU .! .sa ES ::Jtu coo Q)Q) .s::. .s::. t-t- Subject commercial strip center-south side Subject commercial strip center-north side Shared parking lot at rear-looking north Shared parking lot at rear-looking south Subject units-G & H PRELIMINARY EXEMPTION ASSESSMENT (Certificate of Determination When Attached to Notice of Exemption) 1. Name or description of project: Conditional Use Permit Application No. CUP 08-15 and the related parking modification for a 1,971 square-foot restaurant with beer and wine service with meals and seating for 40 patrons at 921 S. Baldwin Avenue, Units G &H. 2. Project Location _ Identify street address and cross streets or attach a map showing project site (preferably a USGS 15' or 7W topographical map identified by quadrangle name): 921 S. Baldwin Avenue, Units G & H (at Fairview Avenue) o A. City of Arcadia 1:8.1 B. Other (Private) (1) Name: Terence Kwok (2) Address: 260 E. Garvev Avenue Monterev Park. CA 91755 (3) Phone: (323) 697-2120 3. Entity or person undertaking project: 4. Staff Determination: The City's Staff, having undertaken and completed a preliminary review of this project in accordance with the City's "Local Guidelines for Implementing the Califomia Environmental Quality Act (CEQA)" has concluded that this project does not require further environmental assessment because: a. 0 b. 0 c. 0 d. 0 e. 1:8.1 f. 0 g. 0 The proposed action does not constitute a project under CEQA. The project is a Ministerial Project. The project is an Emergency Project. The project constitutes a feasibility or planning study. The project is categorically exempt. Applicable Exemption Class: Section No.: 15301 The project is statutorily exempt. Applicable Exemption: Section No.: The project is otherwise exempt on the following basis: h. 0 The project involves another public agency which constitutes the Lead Agency. Name of Lead Agency: Date: November 28. 2008 Staff: Steven Lee. Assistant Planner STAFF REPORT Developlnent Services Department January 27,2009 TO: Arcadia Planning Commission FROM: Jim Kasama, Community Development Administrator By: Steven Lee, Assistant Planner SUBJECT: Conditional Use Permit Application No. CUP 08-19 to revise a previously approved Conditional Use Permit and parking modification (CUP 94-01 / Resolution No. 1508) for a 1,376 square-foot eating establishment with seating for 8 patrons at 921 S. Baldwin Avenue, Unit A SUMMARY Conditional Use Permit Application No. CUP 08-19 proposes to revise a previously approved Conditional Use Permit (CUP 94-01 / Resolution No. 1508) to increase the number of permitted seats at an existing 1,376 square-foot restaurant (dba Dumpling House) from 8 to 37. The Development Services Department is recommending approval of Conditional Use Permit Application No. CUP 08-19, subject to the conditions listed on pages 5 and 6 of this report. GENERAL INFORMATION APPLICANT: Terence Kwok (Architect) LOCATION: 921 S. Baldwin Avenue, Unit A REQUEST: A revision to a previously approved Conditional Use Permit and parking modification (CUP 94-01 / Resolution No. 1508) for a 1,376 square-foot eating establishment with seating for 8 patrons. The applicant is requesting to increase the number of permitted seats to 37. SITE AREA: Approximately 29,710 square feet (0.68 acre) FRONTAGES: Approximately 182 feet along South Baldwin Avenue and 120 feet along Fairview Avenue ZONING & EXISTING LAND USE: The site is zoned C-2, General Commercial, and is developed with a one-story 9,976 square-foot commercial strip center containing a mix of commercial uses. A total of 50 parking spaces are provided in a surface lot behind the building. GENERAL PLAN DESIGNATION: Commercial SURROUNDING LAND USES & ZONING: North: Bank and restaurant, zoned C-2 South: Convenience store, zoned C-2 East: Mixed commercial, zoned C-2 West: Multiple-family residential, zoned R-3 PUBLIC HEARING NOTIFICATION Public hearing notices of Conditional Use Permit No. CUP 08-19 were mailed on January 12, 2009 to the property owners, tenants and occupants of those properties that are within 300 feet of the subject commercial center (see attached radius map). Because the proposed project is exempt from the requirements of the California Environmental Quality Act (CEQA), the public hearing notice was not published in the Arcadia Weekly newspaper. Staff did not receive any comments from the neighboring residents or business owners regarding the proposed revision to the Conditional Use Permit. BACKGROUND The subject unit is located at the north end of an existing 9,976 square-foot single- story commercial strip center constructed in 1987. The unit is currently occupied by a dumpling restaurant (dba Dumpling House), and is operating under a Conditional Use Permit dating back to 1994 (CUP 94-01), which was granted for a Mexican fast-food restaurant with seating for 8 patrons. According to the City's business license records, there were at least two other restaurants in the unit prior to Dumpling House, both of which were subject to the same seating restriction. Staff is not aware of whether or not the prior restaurants were operating in compliance with the seating condition. This CUP revision request was submitted after staff discovered-while researching the property for CUP 08-15 for a new 40-seat restaurant (dba Happy Blues Crab) at the same retail center-that Dumpling House is only permitted to have seating for 8 patrons in accordance with its CUP. Unfortunately, the dumpling restaurant has been operating with 44 seats since it opened in 2006. Although the seating limitation was indicated on the restaurant's business license application, the owner has stated that he was not aware of the restriction. This application is being reviewed concurrently with CUP 08-15 at tonight's hearing. CUP 08-19 921 S. Baldwin Avenue, Unit A January 27, 2009 - page 2 PROPOSAL AND ANALYSIS The applicant is proposing a revision to a previously approved Conditional Use Permit (CUP 94-01 / Resolution No. 1508) for a 1,376 square-foot eating establishment with seating for up to 8 patrons. The applicant is requesting to increase the allowable number of seats to 37. According to Arcadia Municipal Code Section 9275.1.53.5, a restaurant is permitted in the C-2 zone with an approved Conditional Use Permit. The restaurant is located at the north end of the multi-tenant commercial strip center on the northwest corner of Baldwin Avenue and Fairview Avenue. The commercial center currently contains a mix of retail uses, restaurants, and a dental office. Several Conditional Use Permits and Parking Modifications have been approved for this center over the last 20 years, resulting in an overall parking deficiency at the site. The current uses and parking requirements of the center are summarized in the table below: Unit # A* B C D E F G H Totals: *Subject unit 921 S. Baldwin Avenue - Existing Uses and Parking Requirements Parking Reauired 13.6 13.9 8.7 7.8 5.4 5.8 4.8 10.06 70 Current Use Restaurant Restaurant Dental office Fitness gym Flower shop Day spa Vacant (presumed retail) Eatina establishment Sa. Fta. 1,358 1,393 1,447 1,563 1,075 1,169 965 1.006 9,976 Notes CUP 94-01 (max 8 seats) CUP 89-19 (max 40 seats) MC 91-08 CUP 87-19 (max 12 seats) With a parking requirement of 70 spaces and only 50 spaces provided on-site, the center is currently deficient by 20 parking spaces. Approval of this CUP revision would not further increase the deficiency because the parking requirement for restaurants and eating establishments is based on floor area (10 spaces per 1,000 square feet of gross floor area) not the number of seats. In reality, however, an increase in the number of tables and chairs could result in a greater demand for parking because the restaurant would be able to accommodate more customers at one time. In addition, CUP 08-15, which is also on tonight's agenda, proposes to enlarge an existing eating establishment at the same center to create a new 40-seat restaurant. The attached parking survey was conducted by the applicant of CUP 08-15 between Thursday, September 11, 2008 and Sunday, September 21, 2008. The applicant recorded the number of unoccupied parking spaces at hourly intervals between 10:00 a.m. and 9:00 p.m. Staff visited the site on multiple occasions and verified that the survey data is accurate. As expected, parking demand was highest during the lunch and dinner hours due to the numerous restaurants at the center. Parking availability ranged from 47 vacant spaces at 10:00 a.m. on a Sunday to only 2 vacant spaces at 7:00 p.m. on a Friday. The parking shortage was particularly severe during weekend dinner hours when the parking lot was consistently over 90 percent occupied. It should be noted that CUP 08-19 921 S. Baldwin Avenue, Unit A January 27,2009 - page 3 at the time this parking survey was conducted, Dumpling House was operating with 44 seats. According to the survey data, it appears the subject center has just enough parking to meet the current parking demand. With the approval of CUP 08-15 and CUP 08-19, however, there is a possibility that the parking lot will not be able to accommodate the expected higher volume of vehicles. Therefore, staff recommends a condition of approval that would maintain the same aggregate number of restaurant seats at the retail center. The subject commercial center currently has 3 restaurants and eating establishments with a total of 96 seats. Subtracting the 40 seats at the existing Japanese restaurant in unit B from 96, there are a total of 56 seats available for Dumpling House and the proposed Happy Blues Crab restaurant. Staff suggests allocating the 56 seats proportionally based on each unit's square footage. Unit A (Dumpling House) is 1,358 square feet in area and Units G & H, when combined, would be 1,971 square feet, or approximately 45 percent larger than unit A. Therefore, unit A should be allocated 23 seats and units G & H should be allocated 33 seats (approximately 45 percent more). The existing and proposed seating capacities are summarized in the following table: Restaurant seating capacities at 921 S. Baldwin Avenue Current conditions Unit A (Dumpling House)..... .......44 seats Unit B (Japanese Restaurant).. ...40 seats Unit H (Fish & Chips).......... .......12 seats Total.... ............. ........ ........ ....96 seats Proposed Unit A (Dumpling House).. ......... ...23 seats Unit B (Japanese Restaurant)....... 40 seats Units G & H (Happy Blues Crab)....33 seats Total....................................... .96 seats Assuming each restaurant strictly adheres to its approved seating limit, staff believes the 50 on-site parking spaces will be adequate. This will obviously require monitoring by staff. Additionally, it is staff's opinion that allocation of the seats to each restaurant based on its square footage is equitable to both parties, and will help ensure that all of the businesses at the center can continue to operate with sufficient parking for their customers and employees. CODE REQUIREMENTS All City requirements regarding disabled access and facilities, occupancy limits, building safety, emergency access, and site design shall be complied with to the satisfaction of the Building Official, Community Development Administrator, Fire Marshall, City Engineer, and Public Works Services Director. CEQA Pursuant to the provisions of the California Environmental Quality Act (CEQA), the Development Services Department has determined that the proposed project is a minor CUP 08-19 921 S. Baldwin Avenue, Unit A January 27, 2009 - page 4 r alteration of an existing facility, and is therefore categorically exempt from CEQA (Class 1, Section 15301). A Preliminary Exemption Assessment is attached. FINDINGS Section 9275.1.2 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. That the granting of such Conditional Use Permit will not be detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity. 2. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized. 3. That the site for the proposed use is adequate in size and shape to accommodate said use, and all yards, spaces, walls, fences, parking, loading, landscaping, and other features required to adjust said use with the land and uses in the neighborhood. 4. That the site abuts streets and highways adequate in width and pavement type to carry the kind of traffic generated by the proposed use. 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. RECOMMENDATION The Development Services Department recommends approval of Conditional Use Permit Application No. CUP 08-19, subject to the following conditions: 1. The restaurant's hours of operation shall be limited to 11 :00 a.m. to 10:00 p.m., Sunday through Thursday, and 11 :00 a.m. to 11 :00 p.m. on Fridays and Saturdays. 2. The restaurant shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and conditionally approved for CUP 08-19 (a 1,358 square-foot restaurant with seating for up to 23 patrons), subject to the satisfaction of the Community Development Administrator. 3. The approval of CUP 08-19 includes a parking modification of 50 spaces in lieu of 70 required. This modification is approved only for the specific combination of uses approved by CUP 08-19, and not for the building and/or site in general. 4. Noncompliance with the plans, provisions and conditions of approval for CUP 08- 19 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the restaurant. CUP 08-19 921 S. Baldwin Avenue, Unit A January 27,2009 - page 5 , 5. All City requirements regarding disabled access and facilities, occupancy limits, building safety, emergency access, and site design shall be complied with to the satisfaction of the Building Official, Community Development Administrator, Fire Marshall, City Engineer, and Public Works Services Director. 6. Approval of CUP 08-19 shall not take effect until the property owner(s), business owner(s), and applicant have executed and filed the Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. 7. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officers, employees or agents to attack, set aside, void, or annul any approval or condition of approval of the City of Arcadia concerning this project and/or land use decision, including but not limited to any approval or condition of 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 officers, employees, and agents in the defense of the matter. PLANNING COMMISSION ACTION Approval If the Planning Commission intends to approve this proposal, the Commission should move to approve Conditional Use Permit No. CUP 08-19, state the supporting findings, and direct staff to prepare a resolution incorporating the Commission's decision, specific determinations and findings, including the CEQA exemption, and the conditions of approval, for adoption at the next meeting. Denial If the Planning Commission intends to deny this proposal, the Commission should move to deny Conditional Use Permit Application No. CUP 08-19, state the finding(s) that the proposal does not satisfy, and direct staff to prepare a resolution incorporating the Commission's decision and specific findings, for adoption at the next meeting. If any Planning Commissioner, or other interested party has any questions or comments regarding this matter prior to the January 2ih public hearing, please contact Steven Lee, Assistant Planner, at (626) 574-5444 or via em ail atslee@cLarcadia.ca.us. CUP 08-19 921 S. Baldwin Avenue, Unit A January 27, 2009 - page 6 , Approved by: Ji sarna, Community Development Administrator Attachments: Aerial Photo with Zoning Information Radius Map Plans Parking Survey Photos Preliminary Exemption Assessment CUP 08-19 921 S. Baldwin Avenue, Unit A January 27, 2009 - page 7 CUP 08-15 - 921 S. Baldwin Ave., Units G & H CUP 08-19 - 921 S. Baldwin Ave., Unit A ... 62,50 5:l.76 6ge5 , I i @ .' @ (z!) i } '7llt 6 5 647 ~ 3 ez.eo b3.15 t.."_ .. ~'. ~ 531 $ Z 86 M i 0 ~ ~ & .J, 96 l,;..~. .,,' F'AlRvtEW UI 81>> NO 2731 if't.) c.....,'t , i '" II III .,. ~ It 71 1 ." ~ i " l'OIl .. 0 @ l- .... 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II) C) c ~ !.., .i!~ .Q~ :~ >c ~&. ii !~ !~ ~eu .B .sa ES ::leu coo Q)Q) .s::..s::. t-t- Subject commercial strip center-south side Subject commercial strip center-north side Shared parking lot at rear-looking north Shared parking lot at rear-looking south PRELIMINARY EXEMPTION ASSESSMENT (Certificate of Determination When Attached to Notice of Exemption) 1. Name or description of project: Conditional Use Permit Application No. CUP 08-19 to revise a previously approved Conditional Use Permit and parking modification (CUP 94-01 I Resolution No. 1508) for a 1,376 square-foot eating establishment with seating for 8 patrons at 921 S. Baldwin Avenue, Unit A. The applicant is requesting to increase the number of permitted seats from 8 to 37. 2. Project Location _ Identify street address and cross streets or attach a map showing project site (preferably a USGS 15' or 7%' topographical map identified by quadrangle name): 921 S. Baldwin Avenue, Unit A (at Fairview Avenue) 3. Entity or person undertaking project: 0 A. City of Arcadia 181 B. Other (Private) (1 ) Name: Terence Kwok (2) Address: 260 E. Garvev Avenue Monterev Park. CA 91755 (3) Phone: (323) 697-2120 4. Staff Determination: The City's Staff, having undertaken and completed a preliminary review of this project in accordance with the City's "Local Guidelines for Implementing the California Environmental Quality Act (CEQA)" has concluded that this project does not require further environmental assessment because: a. 0 b. 0 c. 0 d. 0 e. 181 f. 0 g. 0 The proposed action does not constitute a project under CEQA. The project is a Ministerial Project. The project is an Emergency Project. The project constitutes a feasibility or planning study. The project is categorically exempt. Applicable Exemption Class: 1 Section No.: 15301 The project is statutorily exempt. Applicable Exemption: Section No.: The project is otherwise exempt on the following basis: h. 0 The project involves another public agency which constitutes the Lead Agency. Name of Lead Agency: Date: Januarv 22. 2009 Staff: Steven Lee. Assistant Planner STAFF REPORT Development Services Department January 27, 2009 TO: Arcadia Planning Commission FROM: Jim Kasama, Community Development Administrator By: Thomas Li, Associate Planner SUBJECT: Consideration and Recommendation to City Council of Text Amendment No. TA 09-01 to establish regulations (9288 et. seq.) for wireless communications facilities and to amend the regulations (9286 et. seq.) for direct broadcast satellite antennas; Article IX, Chapter 2, Part 8 of the Arcadia Municipal Code. SUMMARY This application was initiated by the Development Services Department to establish regulations for wireless communications facilities and to amend the regulations for direct broadcast satellite antennas. As cellular devices and satellite antennas have become increasingly popular, specific regulations are needed for the placement and construction of these facilities. The proposed regulations set forth limitations to the placement, design, and screening criteria of these facilities to protect the public health, safety, and general welfare of the citizens of Arcadia, and to ensure compliance with Federal and State legislation; most recently, Senate Bill 1627, which requires streamlining the approval process for certain co-located wireless communications facilities. The Development Services Department recommends approval of this text amendment. PUBLIC HEARING NOTIFICATION A public hearing notice of Text Amendment No. TA 09-01 was published in the Arcadia Weekly on January 5, 2009. BACKGROUND With the popularity of cellular devices and their increasing capabilities, the need for more wireless communications facilities continues to grow. In addition, the City's satellite dish antenna regulations were initially adopted in 1985, and have not been updated. The proposed text amendment addresses the locating of wireless communications facilities on private property and in the public right-of-way, and updates the satellite dish antenna regulations. Wireless Communications facilities and large dish antennas that are to be located on private property are reviewed by the Development Services Department. At a minimum, an architectural design review is conducted to integrate the facility as much as possible with the site and structure at which it is to be placed. Many of these types of installations are limited to rooftop or fac;ade-mounted antennas. But, for standalone . facilities such as a monopole, a Conditional Use Permit is also required. However, there are no established standards for the installation of these facilities; development restrictions are guided by the underlying zone in which the facility is located, and the circumstances of the site. For public right-of-way locations, the proposals are reviewed by the Engineering Division and the Public Works Services Department. And, there are currently no standards for such installations. In order to promote wireless development and market competition, Federal and State laws aim to facilitate the establishment and installation of wireless communication facilities, and to a certain extent, preempt local regulations. In 2006, California Senate Bill 1627 was passed to streamline the processing of certain co-location applications. The legislation requires local governments to administratively approve such applications, which would be to add antennas or equipment to an existing facility. Further, the Federal Telecommunications Act preempts local regulations to the extent that they prohibit or have the effect of prohibiting wireless communications facilities within the City. The draft ordinance takes this into account and is intended to give the City clear and objective regulatory standards within the limits of current Federal and State law. Last year, the Arcadia City Council and Planning Commission reviewed a series of alternative proposals for wireless communication facilities at Orange Grove Park. The initial proposals were for standalone cell towers on the City-owned park and water facility property. But, when those proposals were not approved, public right-of-way locations had to be considered. These proposals were all near residential properties, and faced opposition from the surrounding residents. Because the City does not have regulations for these facilities, it is impossible for applicants to know what is acceptable. And, likewise, City staff cannot explain to the public what is specifically allowed or not. Out of the public hearings for the various Orange Grove Park proposals, it became clear that regardless of whether, or not a facility was to be approved, both the wireless industry and the public want regulations to be establishe<;J. Therefore, staff requested the City Attorney's office to draft a new ordinance setting forth requirements for the development of wireless communication facilities, and at the same time update the existing satellite dish antenna regulations. TA 09-01 January 27, 2009 Page 2 of 4 PROPOSAL AND ANALYSIS The Development Services Department is proposing a text amendment to establish regulations (9288 et. seq.) for wireless communications facilities and to amend the regulations (9286 et. seq.) for direct broadcast satellite antennas; Article IX, Chapter 2, Part 8 of the Arcadia Municipal Code. The attached draft regulations were prepared by the City Attorney's office and the Development Services Department and incorporate current federal and State laws. The draft wireless communication facilities regulations begin with the following statement of intent and purpose: 9288. INTENT AND PURPOSE. The purpose of these requirements is to provide placement, design, and screening criteria to regulate the establishment of wireless communication facilities to protect the public health, safety, general welfare, and quality of life in the City, while providing needed flexibility to wireless communication providers. Additionally, these regulations protect the visual aesthetics of the community through the promotion of stealthing techniques that architecturally integrate or camouflage wireless communication facilities with their surroundings. This Division shall be applied on a competitively neutral and nondiscriminatory basis to all applicants for wireless communication facilities. The draft regulations go on to provide definitions, development standards, design criteria, and maintenance requirements. These regulations codify the current application review practices, and provide requirements and processes for installations within the public rights-of-way. The proposed right-of-way regulations require compliance with design criteria and height limitations just as is required for proposals located on private property. Currently, the only requirement for right-of-way locations is that they obtain an encroachment permit. There is no review for aesthetic considerations or specific development limitations. The satellite dish antenna regulations that were adopted in 1985 are proposed to be updated to clarify the types of antennas that can be regulated by the City. Large direct broadcast satellite antennas are subject to an architectural design review process; small direct broadcast satellite antennas that are building-mo~nted and are less than two feet (2') in diameter are not subject to governmental review or approval. ENVIRONMENTAL ANALYSIS Pursuant to the provisions of the California Environmental Quality Act (CEQA) the Development Services Department completed an Initial Study for the proposed project. The Initial Study did not disclose any substantial or potentially substantial adverse change in any of the physical conditions within the area affected by the project. Staff has determined that when considering the record as a whole, there is no evidence that . TA 09-01 January 27, 2009 Page 3 of 4 the proposed project will have any potential for adverse effect on wildlife resources or the habitat upon which the wildlife depends. Therefore, a Negative Declaration has been prepared for this project. RECOMMENDATION The Development Services Department is recommending approval of Text Amendment No. TA 09-01 and adoption of the Negative Declaration. PLANNING COMMISSION ACTION The Planning Commission should direct staff to convey to the City Council the Commission's recommendations and comments on Text Amendment No. TA 09-01 and the Negative Declaration. If any Planning Commissioner, or other interested party has any questions or comments regarding this matter prior to the January 27th public hearing, please contact Associate Planner, Thomas Li at (626) 574-5447 or tli~ci.arcadia.ca.us. Approved by: Attachments: Draft Text Amendments Negative Declaration & Initial Study TA 09-01 January 27, 2009 Page 4 of 4 DIVISION 8. WIRELESS COMMUNICATION FACILITIES 9288. INTENT AND PURPOSE. The purpose of these requirements is to provide placement, design, and screening criteria to regulate the establishment of wireless communication facilities to protect the public health, safety, general welfare, and quality of life in the City, while providing needed flexibility to wireless communication providers. Additionally, these regulations protect the visual aesthetics of the community through the promotion of stealthing techniques that architecturally integrate or camouflage wireless communication facilities with their surroundings. This Division shall be applied on a competitively neutral and nondiscriminatory basis to all applicants for wireless communication facilities. 9288.1. DEFINITIONS. "Applicant" means a provider of wireless communication services who applies to the City to install a wireless communication facility within the City. "Abandonment" means inoperative or unused for a period of one hundred-eighty (180) calendar days or more. "Antenna" means that part of a wireless communication facility designed to transmit or receive radio frequency or electromagnetic signals, and includes panels, wires, poles, rods, dishes, or similar devices. "Cell site" or "site" means a parcel of land or public right-of-way location that contains a wireless communication facility(ies) including any antenna, support structure, accessory building, or other components associated with, or ancillary to, the use of the wireless communication facility. "Co-location" means the sharing of one site and infrastructure for the purpose of locating two (2) or more wireless communication facilities. "Mount" means the structure or surface upon which antennae are mounted. "Project site" means the site on which an applicant proposes to construct a wireless communication facility, including any antenna, mount or support structure, accessory building, or other components associated with, or ancillary to, the use of the wireless communication facility. "Roof- or top-mounted" means a wireless communication facility where the antennae are mounted on the roof or top of a building or structure, other than a standalone facility. "Side-mounted" means a wireless communication facility where the antennae are mounted on the side of a building or structure, other than a standalone facility. 1 "Standalone facility" means a wireless communication facility where the antennae are mounted to a dedicated ground-based structure in order to elevate the antennae to a useable altitude (ie: monopole, cell tower, etc.) "Stealthed" means: (1) concealed or otherwise not identifiable as a wireless communication facility by a casual observer that is located on property other than the site, and (2) is aesthetically compatible and blends with the site and immediate surroundings. Stealthing may be achieved by any state-of-the-art means or combination of means including, but not limited to, the use of camouflage, textures, screening, painting or architectural integration with the surroundings (e.g., church steeple or bell tower within a church, unobtrusive penthouse on a roof, false rock, false structure or a tree amongst other trees.) "Wireless Communication Facility" or "Facility" means a facility for the provision of wireless communication services. 9288.2. APPLICABILITY. (a) Except as set forth below, the procedures and rules set forth in this Division are applicable to all wireless communication facilities built, installed or modified within all zones of the City of Arcadia after the date this Division is effective, including all wireless communication facilities built, installed or modified within all City public rights-of-way. This Division is also applicable to all lots or parcels where the construction, installation or modification of wireless communications facilities is subject to a lease, license or other agreement with the City. (b) This Division shall not apply to the following: (1) public safety communications facilities owned or operated by the City or any other public agency. 9288.3. APPROVAL REQUIREMENTS. (a) No wireless communication facility shall be built, installed or modified, in the public right-of-way in any zone, without first applying for and obtaining an encroachment permit from the Development Services Director. The Development Services Director shall review all encroachment permit applications in accordance with Chapter 3 of Article VII (commencing with Section 7300) of this Code. (b) No roof-mounted, top-mounted or side-mounted wireless communication facility shall be built, installed or modified, on private property or on public property that is not in the City's right-of-way 'in any zone, without first applying for and obtaining administrative architectural design review approval from the Development Services Director or designee. The Development Services Director or designee shall administratively review all architectural design review 2 applications in accordance with Division 5, Part 9, Chapter 2 of Article IX (commencing with Section 9295) of this Code. (c) Except as set forth in subsection (d) below, no standalone facility shall be built, installed or modified, on private property or on public property that is not in the City's right-of-way in any zone, without first applying for and obtaining a conditional use permit and architectural design review approval from the Planning Commission. The Planning Commission shall hear all conditional use permit applications at a public hearing in accordance with Division 5, Part 7, Chapter 2 of Article IX (commencing with Section 9275) of this Code, and shall hear architectural design review concurrently. (d) Notwithstanding subsection (c) above, applicants requesting approval for a new co-location to an existing standalone facility located on private property or on public property that is not in the City's right-of-way ("base facility") shall only be required to obtain administrative architectural design review from the Development Services Director or designee (as set forth in subsection (b) above), if all of the following apply: (1) the base facility has already received a conditional use permit; (2) the base facility has already been reviewed and approved by the City pursuant to CEQA, resulting in the preparation of a negative declaration, mitigated negative declaration, or environmental impact report (statutory and categorical exemptions for the base facility are insufficient); (3) the new co-location does not require a subsequent or supplemental environmental impact report due to substantial changes to the base facility, its site, its circumstances, or new information; and (4) the new co-location incorporates all mitigation measures that were required by CEQA for the base facility. (e) Any decision shall be subject to appeal pursuant to the following provisions of this Code: (1) Decision of the Planning Commission with respect to a conditional use permit or architectural design review (to the City Council): Sections 9275.2.9, 9295. 16(B) & 9600 (2) Decision of the Development Services Director or designee with respect to architectural design review 3 (to the Planning Commission): Section 9295.l6(A) (3) Decision of the Development Services Director with respect to an encroachment permit (to the City Council): Section 7300.29 9288.4. APPLICATION CONTENTS. Applications for the approval of wireless communication facilities shall include that information required by this Code for the applicable land use permit (conditional use permit, architectural design review or encroachment permit), plus the following information: (a) Contact Information. The applicant shall submit and maintain current at all times basic contact information of a form to be supplied by the City. The applicant shall notify City of any changes to the information submitted within fifteen (15) days following any such change. This information shall include, but is not limited to the following: (1) The identity, including name, address and telephone number of the owner of the wireless communication facility including official identification numbers and FCC certifications and, if different from the owner, the identity of the person or entity responsible for operating the wireless communication facility; (2) Name, address and telephone number of a local contact person for emergencies and type of service provided. (b) Location and Zoning Information. Location of the project site, including the address and the names of two nearest cross streets, as well as the present zone designation of the project site. (c) Description of the Proposed Project. A description of the proposed wireless communication facility, including whether the project is a new facility, a co- located facility, or a modification to an existing facility. If a new facility, the applicant shall include an explanation of whether the new facility will be designed to accommodate future co-locations. The applicant shall provide a written description of the stealthing measures applicant proposes to use to aesthetically blend the facility to the immediate surroundings. This should include at minimum a description of proposed stealthing techniques, and the textures and colors to be used in the stealthing process. The applicant shall also indicate the proposed height of the facility. 4 (d) Noise. A description of the facilities and/or equipment within the applicant's project that are expected to induce or generate noise, as well as anticipated noise levels of said facilities and/or equipment. (e) Wireless Communication Facility Site Plan. Six (6) copies of a wireless communication facility site plan, at a scale of 1"=20' or larger and including the following: (1) The proposed wireless communication facility; (2) Location of lot lines, streets (with street names), easements, and all structures and improvements, including accessory equipment, underground utilities and support structures, existing and proposed; (3) Slopes, contours, trees and other pertinent physical features of the site, existing and proposed; (4) All exterior lighting on the site, existing and proposed; (5) Location, use and approximate distance from property lines of the nearest structures on all properties abutting the site; and (6) The location of parking for maintenance personnel. (f) Landscape Plan. Six (6) copies of a landscape plan for the site, at a scale of 1/8"=1' or larger and including the following: (1) Existing trees with trunk diameter over six inches (6") at four feet (4') above grade and/or fifteen feet (IS') in overall height within fifty feet (50') of the proposed wireless communication facility; (2) Species, diameter and condition of all such trees; (3) Final disposition of all existing trees; and (4) Species, location and sizes of trees and other vegetation proposed to be installed with the wireless communication facility. (g) Site Photographs. Current color photographs of the site and its surroundings. (h) Proximity Map and Information. For applications for a conditional use permit or encroachment permit, a map depicting all properties (with street addresses) within three hundred (300) feet of the project site, a list of the names and addresses of all current owners of the depicted properties, according to the last equalized assessor's roll, plus an affidavit indicating that the list of names and addresses described above is accurate, based upon due and diligent inquiry of the applicant. 5 The proximity map and information set forth above shall not be required for an application for administrative architectural design review. (i) Visual Impact Analysis. A visual impact analysis (which shall include photomontage, photo simulation or similar technique) which demonstrates, from all four primary directions (north, south, east and west) the potential visual impacts of the proposed wireless communication facility. Consideration shall be given to views from public areas as well as from private property. The analysis shall assess the cumulative impacts of the proposed wireless communication facility and other existing wireless communication facilities in the area, and shall identify and include all feasible mitigation measures consistent with the technological requirements of the proposed wireless communication service. All costs for the visual analysis, and applicable administrative costs, shall be borne by the applicant. (j) Wireless Communication Facility Mount. A description of whether the proposed facility is a co-located facility, standalone facility, roof/top-mounted, or side- mounted. (k) Justification for Location/Co-location. The applicant must provide justification as to why the applicant chose the location for the proposed wireless communication facility. Such justification shall include a written assessment of not less than two (2) alternative locations considered by the applicant and the reasons why said alternative locations were rejected as candidates. Further, pursuant to Section 9288.6(i), the applicant shall provide written evidence that it has made a good faith effort to co-locate the proposed facility with an existing facility and indicate whether co-location is or is not feasible. (1) FCC/Signal Standards. A report certified by a licensed radio frequency engineer stating that electromagnetic (EM) emissions from the proposed facility will neither exceed standards set by the Federal Communications Commission (FCC), nor interfere with any fire, police or other emergency communications system. (m) Map of Applicant's Existing Wireless Communication Facilities. A map and narrative description of all existing wireless communication facility sites used by the applicant which are located within the City, and any wireless communication facility sites located outside of the City but which provide coverage within any part of the City. (n) Coverage Assessment. A written report setting forth how and why the proposed wireless communication facility will improve the quality of the applicant's coverage. The report shall indicate the areas where coverage will be improved, and shall also include areas where the applicant currently has no coverage, a significant degradation in coverage or "dead zones". The report shall include a capacity analysis, a propagation analysis and/or a decibel level report to indicate 6 9288.5. (a) (b) 9288.6. (a) the quality of service provided by the applicant both at present and after installation of the proposed wireless communication facility. (0) Licenses. Documentation certifying the applicant has obtained all applicable licenses or other approvals to provide the services proposed in connection with the application, whether required by the Federal Communications Commission, California Public Utilities Commission, or any other agency with authority over the proposed wireless communication facility. (P) Application Fee. A fee in the amount established by the current fee schedule adopted by the City Council. (q) Waiver. Any application to develop a wireless communication facility that does not meet the general requirements and restrictions of this Division shall include a request for a waiver, as set forth in Section 9288.8 of this Code. A request for waiver may be submitted at a later time if it is determined that the proposed facility, as originally submitted, will not meet the requirements and restrictions of this Division. (r) Proprietary or Confidential Information. Any proprietary information or trade secrets disclosed to the City or the consultant as a part of any application is hereby deemed not to be a public record pursuant to Government Code Section 6254.7(d), shall remain confidential and shall not be disclosed to any third party except: (i) with the express consent of the applicant, (ii) pursuant to an order of a court of competent jurisdiction or (iii) pursuant to an order of regulatory agency with jurisdiction over the issue. NOTICE(S) OF HEARING/DETERMINATION. Whenever this Division requires a public hearing to be held before the Planning Commission, notice of hearing shall be given as prescribed in Section 9275.2.4 of this Code. Whenever this Division requires an administrative decision of the Development Services Director on an encroachment permit (but not administrative architectural design review), notice shall be mailed to the owners or authorized agents of real property within a radius of three hundred (300) feet of the exterior boundaries of the site. The notice shall be mailed by the applicant, in a format approved by the City, not later than ten (10) calendar days prior to the date the Development Services Director renders his or her decision. LOCATION AND DEVELOPMENT STANDARDS. Subject to the restrictions and requirements of this Division, the following wireless communication facilities may be located in the following zones: (1) LOCATIONS: 7 (A) Multiple-Family (R-3) zones, (B) Professional Office (C-O) zones, (C) Commercial Planned Development (CPD-I) zones, (D) Architectural Design (D) zones, (E) Central Business District (CBD) zones, and (F) Automobile Parking/Multiple-Family (PR-3) zones. ALLOWED: New roof-mounted, top-mounted and side-mounted facilities; co-locations to existing roof-mounted, top-mounted and side-mounted facilities; and co-locations to existing standalone facilities; PROHIBITED: New standalone facilities. (2) LOCATIONS: (A) Residential Mountainous (R-M) zones, (B) First One-Family (R-O) zones, (C) Second One-Family (R-l) zones, (D) Medium Density Multiple Family Residential (R-2) zones, and (E) Automobile Parking/One-Family and Medium Density Multiple- Family (PR-O, PR-I and PR-2) zones. (Except for public rights-of-way and City-owned properties) ALLOWED: None; PROHIBITED: All facilities. (3) LOCATIONS: (A) All other zones, (B) Public rights-of-way (any zone), (C) City-owned properties (any zone). ALLOWED: All facilities (new or co-located); PROHIBITED: None. (b) Setbacks/Lot Coverage/Non-Interference. Except for wireless communication facilities to be located within public rights-of-way, no facility shall be located within or extend into the required setbacks established in the applicable zone and each facility shall also comply with all applicable lot coverage and building separation standards in the applicable zone. For facilities proposed to be located within public rights-of-way, no facility shall unreasonably interfere with usual and customary access or use by pedestrians, bicycles or vehicles, or negatively impact vehicular parking, circulation, line-of- sight or safety. 8 (c) Lights, Signals and Signs. Wireless communication facility signals, lights or signs shall be designed so as to meet but not exceed minimum requirements for Federal Aviation Administration (FAA) or other applicable Federal or State regulations. Beacon lights shall not be included in the design of a facility unless required by the FAA. Any required lighting shall be shielded to eliminate, to the maximum extent possible, impacts on surrounding areas. Any other lighting of the facility that is not otherwise required is prohibited. No facility or its supporting equipment shall bear any sign, graphic or advertising device other than warning/safety signage or those required by this Code or other applicable law. (d) Dish Antennae. Dish or parabolic antennae serving a wireless communication facility shall be situated so as to minimize visual impact without compromising their function. (NOTE: For regulations governing direct broadcast satellite (DBS) antennas (ie: radio, television, Internet service, etc.), see Division 6 (commencing with Section 9286) of Part 8 of Chapter 2 of Article IX of this Code. ( e) Equipment Structures. Ground level equipment, buildings, structures, and bases shall be concealed from public view. (1) Accessory Equipment. All accessory equipment associated with the operation of a wireless communication facility shall be located inside an existing building, a new addition to an existing building or an underground vault, unless not technically feasible, at which point, accessory equipment may be located within a separate above-ground enclosure. No separate above-ground structure may exceed six (6) feet in height measured from the base of the foundation unless a greater height is necessary to maximize stealthing/architectural integration. All accessory equipment and structures, vaults or enclosures containing said equipment shall comply with the development standards of the zone in which the accessory equipment is located. (2) Security. Accessory equipment shall be equipped with tamperproof cabinets and/or locks to mitigate safety siting issues. All wireless communication facilities shall be designed so as to be resistant to and minimize opportunities for unauthorized access, climbing, vandalism, graffiti and other conditions which would result in hazardous conditions, visual blight or attractive nuisances. Barbed wire or razor wire fencing is prohibited. (f) Building Codes. Wireless communication facilities shall comply with all applicable building codes. (g) Height. All wireless communication facilities shall be located at the lowest possible height that will allow them to operate. Notwithstanding any other height 9 limitations contained in this article, wireless communication facilities may not exceed the height limitations set forth below: (1) Roof-mounted facilities (new or co-located) that are placed on an existing building, or top-mounted facilities (new or co-located) that are placed on an existing utility pole, water tank, or other similar structure may extend to, but shall not exceed, a height of ten (10) feet above the roof or top of the building or structure; (2) Side-mounted facilities (new or co-located) that are placed on an existing building, or on an existing utility pole, water tank, or other similar structure may not extend beyond the height of the existing building or structure; (3) Facilities co-located on an existing standalone facility may not extend beyond the height of the existing standalone facility; and (4) New standalone facilities may not exceed fifty-five (55) feet in height. Any applicant that proposes to construct or co-locate a wireless communication facility that would exceed the applicable height limitations set forth above must request a waiver, pursuant to Section 9288.8. (h) Signal/Power Cables. All wireless communication facility cables, wires or similar electrical transmission devices must be placed underground, be placed within the existing building or structure or in cableways, and must be properly stealthed to the maximum extent possible. (i) Co-Location Requirements: (1) Co-location. Where feasible, owners or operators shall share sites where wireless communication facilities are already located, thereby reducing the number of new facilities. (2) Good Faith Effort. All applicants shall demonstrate a good-faith effort to co-locate with existing facilities. The City may deny an approval to an applicant who has not demonstrated a good-faith effort to co-locate with an existing facility. Such good-faith effort includes written evidence by the applicant of: (A) Contact with all other licensed carriers for facilities operating in the City within the area of proposed coverage. (B) Sharing non-proprietary technical information necessary to determine if co-location is feasible under the design configuration most accommodating to co-location. 10 In the event the applicant determines that co-location is not feasible, the applicant shall include with its application a written statement of the reasons why co-location is not feasible. In the event the applicant determines that co-location is feasible, the applicant shall include provisions for co-location of its facility in its application. (3) Numerical Limits on Co-location. Not greater than three (3) facilities shall be co-located upon any single site. (4) All co-located facilities upon a site shall be architecturally coordinated and stealthed consistently with each other. (j) Parking. Any wireless communication facility shall not reduce the number of available parking spaces below the amount required by this Code. (k) FCC Requirements. All existing and future wireless communication facilities shall meet all applicable FCC emissions and exposure standards for electromagnetic (EM) radiation, and all required notices and signs shall be posted on the site as required by the FCC and PUC. (1) Noise. All wireless communication facilities must comply with all existing noise ordinances of the City, but in no case shall any facility generate sound in excess of: (i) 50 dB CNEL at the property line of the nearest residential use, or (ii) 65 dB CNEL at the property line of the nearest non-residential use. 9288.7. DESIGN CRITERIA. (a) Pre-existing Character. Wireless communication facility location and development shall preserve the pre-existing character of the site as much as feasible. (b) Landscaping and Vegetation. Existing landscaping and vegetation, including trees, foliage and shrubs, whether or not utilized for stealthing, shall be preserved or improved, and disturbance of the existing topography of the site shall be minimized, unless removing, altering or disturbing the vegetation would result in less visual impact of the wireless communication facility on the surrounding area. Additional landscaping shall be planted where such vegetation is necessary to provide stealthing or to block the line of sight between a facility and adjacent residentially-zoned properties. If landscaping is removed to install the facility, landscaping shall be replaced on the site at a 1.5:1 ratio for the landscaping removed. (c) Stealthing. All wireless communication facilities shall be stealthed from view to the greatest extent feasible, considering technological requirements, by means of placement, camouflage, color choice, architectural compatibility and other site 11 characteristics. The applicant shall use the smallest and least visible antennae and supporting equipment possible to accomplish the owner/operator's coverage objectives. Blending/Stealthing Methods: (1) All standalone facilities, plus supporting equipment, shall be composed of non-reflective materials and painted a color generally matching the surroundings or background that minimizes their visibility, unless the FCC, FAA, or other government agency requires a different color. If a new standalone facility cannot be camouflaged in any other way, it shall be camouflaged as a tree (ie: monopalm, monopine). Lattice towers, guyed towers and flag poles shall not be permitted as new standalone facilities, except by waiver granted pursuant to Section 9288.8 below. Visible ground level equipment, structures and buildings shall be stealthed from view by landscape plantings, fencing or other appropriate stealthing means, and shall be treated with graffiti-resistant paint or coating. (2) Roof-mounted, top-mounted or side-mounted wireless communication facilities shall be constructed, painted, finished and fully stealthed to match the color and texture of the building, structure and/or wall on which they are mounted. Fayade mounted equipment shall be camouflaged by incorporating the antenna into the design elements of the building or structure and they shall be painted and textured to match the existing structure. If possible, antennae should be located entirely within an existing or newly created architectural feature so as to be completely screened from view. In no case shall antennae extend more than twenty- four (24) inches out from the building face. Equipment buildings or stealthing enclosures mounted on a roof shall be architecturally consistent with the building, such as having a finish similar to the exterior building walls. Equipment for roof-, top- or side-mounted antennae may also be located within the building on which the antenna is mounted. (3) The City Council may, by resolution, promulgate additional regulations that further define and clarify the stealthing requirements of this subsection (c), consistent with the intent and purpose of this Division. 9288.8. WAIVER REQUEST. (a) Waiver. A waiver of any of the location, design or other requirements and restrictions set forth in this Division, may be granted by the Planning Commission or Development Services Director, whichever is applicable, upon the request of the applicant, where the applicant demonstrates that such restriction or requirement either: 12 (1) Prohibits or has the effect of prohibiting the provIsIOn of wireless communication services pursuant to the United States Telecommunications Act of 1996 (47 U.S.C. S332(c)(7)(B)(i)(II)); or (2) Umeasonably discriminates against the applicant when compared to other providers within the City who are providing functionally equivalent wireless communication services pursuant to the United States Telecommunications Act of 1996 (47 U.S.C. S332(c)(7)(B)(i)(I)). (b) Independent Consultant. Any application for a waiver shall include the applicant's authorization for the City to retain the services of an independent, qualified consultant, at the applicant's expense, to evaluate the issues raised by the waiver request. The application shall include a monetary deposit, as set by resolution of the City Council, and an agreement by the applicant to reimburse the City for all reasonable costs associated with the consultation. 9288.9. FINDINGS FOR DENIAL. Any decision to deny, in whole or in part, a conditional use permit, architectural design review or encroachment permit to place, construct or modify a wireless communication facility shall be in writing and supported by substantial evidence contained in the written record. (a) A conditional use permit, architectural design review or encroachment permit, whichever is applicable, shall be approved unless it is determined that: (1) The applicant has failed to provide any information required in Section 9288.4; (2) The proposed wireless communication facility fails to comply with the criteria of Sections 9288.6 and 9288.7; (3) In the case of a conditional use permit, the Planning Commission cannot make the findings required by Section 9275.1.2 of this Code, or, in the case of an encroachment permit, the Development Services Director has grounds for denial pursuant to Section 7300.4 ofthis Code. (4) In the case of a new wireless communication facility, co-location at a site with an existing wireless communication facility is feasible. (b) Any decision to deny, in whole or in part, a conditional use permit, architectural design review or encroachment permit to place, construct or modify a wireless communication facility shall also indicate one of the following: 13 (1) The applicant did not request a waiver from the requirements of this Division; or (2) The applicant did request a waiver from the requirements of this Division, but failed to present sufficient evidence that the requirements and restrictions of this Division either have the effect of prohibiting wireless communication services or unreasonably discriminate against the applicant, pursuant to Section 9288.8. 9288.10. STANDARD CONDITIONS OF APPROVAL. In addition to conditions of approval which may be imposed in order to ensure compliance with this Code, the following standard conditions shall be imposed on any conditional use permit, architectural design review or encroachment permit issued pursuant to this Division: (a) The applicant shall defend, indemnify and hold harmless the City and its officers, agents and employees form any claim, action or proceeding against the City or its officers, agents or employees to attack, set aside, void or annul any approval under this Division. The applicant shall further defend, indemnify and hold harmless the City, its officers, agents and employees from any damages, liabilities, claims, suits, or causes of action of any kind or form, whether for personal injury, death or property damage, arising out of or in connection with the activities or performance of the applicant, its agents, employees, licensees, contractors, subcontractors or independent contractors, pursuant to the approval issued by the City. (b) For all wireless communication facilities located within the public right-of-way, the applicant shall remove or relocate, at applicant's expense and without expense to the City, any or all of its wireless communication facilities, by reason of any change in grade, alignment or width of any public right-of-way, installation of services, water pipes, drains, storm drains, lift stations, power or signal lines, traffic control devices, public right-of-way improvements, or any other construction, repair or improvement to the public right-of-way. (c) Where a wireless communication facility site is capable of accommodating a co- located facility upon the same site, the owner or operator of the existing facility shall allow another carrier to co-locate its facilities and equipment thereon, upon reasonable terms and conditions mutually agreeable between the parties. (d) The City may require the applicant to annually submit a written report prepared by a qualified engineer, certifying that the facility continues to comply with all applicable federal, state and local regulations. 14 9288.11. REVOCATIONS. (a) At any time, the City may initiate proceedings to revoke an approval issued pursuant to this Division. (b) The following shall constitute grounds for revocation for an approval issued pursuant to this Division: (1) The owner or operator has abandoned the wireless communication facility; or, (2) The wireless communication facility is no longer in compliance with its respective conditions of approval, with the requirements of this Division, or with any other applicable law; or (3) The wireless communication facility is no longer in compliance with applicable FCC or FAA regulations. (c) The Planning Commission may revoke a conditional use permit only after holding a noticed public hearing in accordance with Section 9275.2.15 of this Code. (d) After a final revocation decision has been rendered, the owner or operator of the wireless communication facility shall terminate operations and remove the wireless communication facility from the site in accordance with Section 9288.14. (e) Any decision of the Planning Commission or Development Services Director to revoke may be appealed pursuant to Section 9288.3( e) of this Division. 9288.12. MAINTENANCE REQUIREMENTS. All wireless communication facilities shall comply at all times with the following operation and maintenance standards: (a) Equipment. All facilities, including antennae, mounts, wires, conduit, lighting, fences, shields, cabinets, poles and stealthing materials (including artificial foliage), shall be maintained by the owner or operator in good repair, free from trash, debris, litter and graffiti and other forms of vandalism, and any damage from any cause shall be repaired as soon as practicable so as to minimize occurrences of dangerous conditions or visual blight. All trash, debris, litter and graffiti shall be removed by the owner/operator within forty-eight (48) hours following notification from the City. (b) Landscaping. Each facility which contains trees, foliage or other landscaping elements, whether or not used as stealthing, shall be maintained in good condition at all times, and the owner or operator of the facility shall be responsible for 15 replacing any damaged, dead or decayed landscaping as soon as practicable, and in accordance with the approved landscape plan. (c) Inspections. Each owner or operator of a facility shall routinely and regularly inspect each site to ensure compliance with the standards set forth in this Division. Further, the Development Services Director, or designee, may, upon providing reasonable advance notice to the owner or operator, conduct an inspection of a facility to verify compliance with the provisions of this Division. (d) To ensure compliance with this Division, the owner or operator of a facility shall affix a label or marker to the facility in a prominent location that identifies the facility and provides a telephone number that may be called to report any damage, destruction, graffiti or vandalism to the facility. (e) Backup Generators. Backup generators shall only be operated during periods of power outages, and shall not be tested on weekends or holidays, or between the hours of 10:00 p.m. and 7:00 a.m. 9288.13. "CELLS DEPLOYMENT. ON WHEELS" PROHIBITED/EMERGENCY "Cells on wheels" or other mobile wireless communication facilities are prohibited in all zones, except for the duration of a telecommunications emergency declared by the City. 9288.14. ABANDONMENT AND REMOVAL. (a) Notice of Abandonment. Where an owner or operator intends to abandon a wireless communication facility or portion thereof, the owner or operator shall notify the City by certified U.S. mail of the proposed date of abandonment or discontinuation of operations and the date the facility shall be removed. The notice shall be given not less than sixty (60) days prior to abandonment. Failure to give notice shall not affect the owner's or operator's obligation to remove an abandoned facility. (b) Removal Due to Utility Undergrounding. All facilities located on a utility pole or structure shall be promptly removed at the owner's or operator's expense at the time a utility is scheduled to be undergrounded. (c) Removal. Upon abandonment, revocation, or other lawful order of any federal, state or local agency to terminate facility operations, the owner or operator shall physically remove the facility or terminated/abandoned elements within thirty (30) days following the date of abandonment or termination of use. "Physically remove" shall include, but not be limited to: (1) Removal of antennae, mounts, equipment cabinets and security barriers from the subject site; 16 (2) Transportation of the antennae, mounts, equipment cabinets and security barriers to an appropriate repository; (3) Restoring the site to its natural condition except for retaIling the landscaping improvements and any other improvements at the discretion of the Development Services Director. (d) Stay. The Development Services Director may stay the requirement to remove an abandoned/terminated wireless communication facility upon written request and evidence submitted by the owner or operator that another wireless provider is in reasonable negotiations to acquire and use the wireless communication facility. ( e) If an owner or operator of an abandoned wireless communication facility fails to physically remove the facility and all related equipment within the time frames set forth herein, the City may do so at the owner/operators expense. 9288.15. VIOLATION/PENAL TY. (a) Any owner or operator of a wireless communication facility that violates the terms of this Division shall be guilty of a misdemeanor, punishable in accordance with Section 1200 of this Code. (b) Civil Action/Nuisance Abatement. In addition to the above, if an owner or operator of a wireless communication facility violates the terms of this Division, the City may pursue any and all civil remedies available at law or equity, including but not limited to injunctive relief or initiation of a nuisance abatement action pursuant to this Code. (c) Costs of Action. All costs of taking action to enforce the terms of this Division shall be the responsibility of the owner or operator of the wireless communication facility. " SECTION 2. Section 9275.1.11 of Division 5, Part 7, Chapter 2 of Article IX of this Code is hereby amended to read as follows: (NOTE: additions are highlighted in bold italics and deletions are highlighted III strikeout) "9275.1.11. SAME. Comnumioations Equipment Buildings. Wireless Communication Facilities, as setfortlt in Sections 9288 et sell." 17 SECTION 3. Division 6 (Commencing with Section 9286) of Part 8 of Chapter 2 of Article IX of the Arcadia Municipal Code is hereby amended to read as follows: (NOTE: additions are highlighted in bold italics and deletions are highlighted In strikeout) "DIVISION 6. DISH DIRECT BROADCAST SATELLITE ANTENNAS 9286. PURPOSE. The purpose of this division is to establish construction and maintenance standards and regulations for dish direct broadcast satellite (DBS) antennas installed in any zone which are accessory to the primary use of the subject lets sites. Such standards and regulations shall be such as to reasonably restrict and minimize any detrimental effects of the location and design of such dish DBS antennas on the occupants of adjoining properties and the neighborhood, and community consistent with the following findings: 1. There has been an increasing number of dish DBS antennas erected within the City; this form of antenna has increased in popularity, particularly in the areas of the City not served by cable television. It is anticipated that this will continue in view of current communications technology. Numerous concerns have been expressed through the community with regard to such dish DBS antennas. 2. The City of Arcadia is primarily a residential community with a high level of property maintenance and concern for the appearance of the community. 3. The City has undertaken numerous actions which include regulations on signage, requirements concerning landscaping, screening of structures and architectural treatments as well as regulation of visual clutter, in order to preserve to the maximum extent possible the natural and man-made scenic beauty of the City. 4. The nature of the community, its goals and objectives have afl entailed a significant private and public expense to produce a community consistent with the objectives of the City's General Plan and maintain safety in all areas ofthe City. 5. The installation of dish DBS antennas, and accessory equipment, can create visual blight to those who reside, work and travel in the City and can endanger the life, safety and welfare of persons and property through the hazard of collapse and create adverse economic, aesthetic and safety impacts inconsistent with the health, safety and general welfare ofthe community. 9286.1 DEFINITIONS. 18 For the purpose of this Division, the following terms shall have the following meanings: (a) "EHsft Direct broadcast satellite (DBS) antenna" means any equipment providing services such as radio, television and high-speed Internet to residential and business customers by means of a dish, parabolic or other antenna designed for receiving satellite transmission and which is specifically located on the site that directly receives such service, ha'liRg a diameter greater than two (2) feet, and ,<,:moh system is external to or attaohed to the exterior of any building. (b) "Small DBS antenna" means any DBS antenna that is (i) fIXed (non- telescoping), (ii) mounted to the roof, top or side of an existing building or structure, and (iii) not greater than two feet (2') in diameter. 9286.2 DISH REQUIREMENTS. f....~TENN,\ PERl\UT REQUIREDAPPROVAL Iffl;h DBS antennas; shall be subject to the following approvals: shall require a building permit and be permitted oRly ':men in oonformity with the de'/elopment standards of this Di'lision. (a) Small DBS antennas which are otherwise in compliance with this Division are a permitted use and no architectural design review shall be required. (b) All other DBS antennas shall be subject to architectural design review by the Development Services Director in accordance with Sections 9295 et seq. of this Code. (c) Every EHsft DBS antenna, whether temporary or permanent, shall be subject to the review and approval of the Building Official where required by the Building Code. 9286.3 DEVELOPMENT STANDARDS. Every EHsft DBS antenna shall be located, designed, constructed, treated and maintained in accordance with the standards set forth in this Division. Iffl;h DBS antenna systems may be installed, erected and maintained within all land use zones of the city, but only in accordance with the provisions oftms Division. 9286.3.1 INSTALLATION AND SAFETY REQUIREMENTS. (a) Every EHsft DBS antenna shall be installed and maintained in compliance with the applicable requirements of the Building Code. (b) Whenever it is necessary to install a EHsft DBS antenna near power lines, or where damage would be caused by its falling, a separate safety wire must be attached 19 to the antenna mast or tower, and secured in a direction away from the hazard. 9ish DBS antenna transmission lines must be kept at least twenty-four (24) inches clear of utility lines. (c) Every ffisfl DBS antenna shall be adequately grounded for protection against a direct strike of lightning, with an adequate ground wire of the type approved by the latest edition of the Electrical Code. (d) The maximum diameter of any DBS antenna shall be sixfeet (6') unless the Development Services Director determines that a larger diameter is required for the proper functioning and purpose of the DBS antenna. 9286.3.2 LOCATION. (a) No portion of any ffisfl DBS antenna affa;' shall extend beyond the any lot property lines of the subject site. (b) No portion of any DBS anteltna (including mounting equipment and guy wires) shall be located ef inte any front yard of any lot or in any side yard on the street side of a corner lot, except for small DBS antennas. Guy wires shaH not be anchored 'NitfltFl any front yard or any lot or '.vithiFl B:fl)' side yard on the street side of a comer lot. No groUfld mounted dish antellflas shall be located in the area between the building and the front property line or between the EH::lilding and the side property line on the street side of a comer lot. (c) All ground-mounted ffisfl DBS antennas shall be considered to be accessory buildings and shall conform to the setback requirement for such buildings for the respective zone in which said ffisfl DBS antenna is located. (d) Roo/-, top- or side-mounted DBS antennas may not be located in any residential zone. Any roo/-, top- or side-mounted ffisfl DBS antenna with bases of attachment on a building located in a commercial, industrial or special zone shall be located within the middle one-third ('i3) of the roof of said building upon which it is mounted, unless said ffisfl DBS antenna is otherwise completely screened from view from grade from the adjoining properties and adjoining public rights-of-way. The restrictions of this subsection (d) shall not apply to small DBS antennas, which may be mounted at any locatio/~ on a building in any zone. 9286.3.3 HEIGHT. ill residential zones, dish anteooas '.vith a diameter greater than two (2) feet shall not be attached to the roof or wall of any building. 20 (a) In residential all zones, DBS antennas with bases of attaehment on mounted to the ground or on accessory structures, shall not exceed sixteen (16) feet in height above the grade. (b) In commercial, industrial and special zones, roof- or top-mounted dish DBS antennas with bases of attachment OB a building shall not extend higher than exceed the height allowed for mechanical equipment on said building. Side-mounted DBS antennas shall not exceed the height of the building to which they are mounted. In commercial, industrial and Sfleeial zones, dish antennas with bases of attachment on the ground shall not eJcoeed sixteen (16) feet in height above the grade. 9286.3.4 SCREENING. (a) The materials l:lsed in constructing dish DBS antennas shall not be composed of materials that are excessively bright, shiny, garish or reflective. (b) I)i.sh DBS antennas should shall be screened to the maximum extent practicable through the addition of architectural features and/or landscaping that harmonize with the elements and characteristics of the property site upon which they are located. All ground-mounted ffi.sh DBS antennas within residential zoned property shall be screened by walls, fences or landscaping at least five (5) feet in height obscuring visibility of the ffi.sh DBS antenna from grade from the adjoining property and from adjoining public rights-of-way. Notwithstanding the above, the requirements of this subsection (b) shall not apply to small DBS antennas. 9286.3.5 MAINTENANCE. (a) Every ffi.sh DBS antenna shall be maintained in good condition and in accordance with all requirements of this Section. (b) The ffisft DBS antenna shall meet all manufacturer's specifications, and shall be of noncombustible and corrosive-resistant material. The miscellaneous hardware, such as brackets, turnbuckles, clips or similar type equipment subject to rust or corrosion shall be protected with a zinc or cadmi1:lill suitable coating by either gahanizing or sherardizing process after forming to guard against rust and corrosion-aHEl to protect the elements against electrolytic action due to the use of adjoining dissimilar metals. (c) Every ffisft DBS antenna shall be subject to periodic reinspection. No additions, changes or modifications shall be made to a ffisft DBS antenna, unless the addition, change or modification is in conformity with the Building Code and this }J1:iole Division. 21 9286.4 NONCONFORMING USE OF DISH DBS ANTENNAS. (a) Bish DBS antennas constructed prior to February 22, 1985 , when revised regulations regarding ffish DBS antennas under Ordinance +8% Number became effective, and which do not conform to all of the requirements thereof, as set forth il'l Seetiol'l 9286.1 through 9286.3.5, of this Division shall constitute a nonconforming use. (b) No person shall maimam any dish antenna in violation of this flro'lisions referred to in Subseetiol'l (a) of this Seotiol'l after the e*fliration ef one hundred and eighty (180) days of the Plaflfting Department giving notiee to the property owner or person in possession by mailing a notiee to the property owner's address as shovlll on the latest eql:lalized assessment rell that said dish antenna shall be made oonforming '.vith rect1:lfrements ofSeotion 9286.1 through 9286.3.5. The notioe pursuant to this Subsection may be givoo at any time after the effeetiye date of this Seetion. (eb) \Vhether notiee is gi','oo purSUaRt to Sl:lbsection (8) of this Section or not, PINo person shall maintain or operate any ffish DBS antenna not fully in conformity with the provisions of Ordinance +8% Number as referred to aboye after two (2) years from t~e~ff~~!~Y~ .~.~!~.?f~2rd~1l:~c~ Nu",.~er....c .....~?~.~~.~~.~~t~~ S.~~!ioIl'" . tll.l'~S>~>><<.):RJ)I!NI.N(J1E2.. '!NO.TOI~'!I"~'llll!J11WI:IIN 22 CITY OF ARCADIA 240 W. HUNTINGTON DRIVE ARCADIA, CA 91007 File No.: TA 09-01 NEGATIVE DECLARATION 1. Name or description of project: Text Amendment application no. TA 09-01 2. Project Location: - Identify street address and cross streets or attach a map showing project site (preferably a USGS 15' or 7W topographical map Identified by quadrangle name) Citywide 3. Entity or Person undertaking project: A. City of Arcadia - Development Services Department 240 W Huntington Dr., Arcadia, CA 91007 B. Other (Private) (1) Name: (2) Address: The City Council, having reviewed the Initial Study of this proposed project and having reviewed the written comments received prior to the public hearing of the Planning Commission, including the recommendaiton of the City's staff, does hereby find and declare that the proposed project will not have a siginificant effect on the environment. A brief statement of the reasons supporting the City Council's findings are as follows: The City Council hereby finds that the Negative Declaration reflects its independent judgement. A copy of the Initial Study may be obtained at: City of Arcadia Development Services Department Community Development Division / Planning Services 240 West Huntington Drive Arcadia, CA 91007 (626) 574-5423 The location and custodian of the documents and any other material which constitute the record of proceedings upon which the City based its decision to adopt this Negative Declaration are as follows: Jason Kruckebert, Development Services Director City of Arcadia Development Services Department Community Development Division / Planning Services 240 West Huntington Drive Arcadia, CA 91007 (626) 574-5414 Date Received for Filing: ~OH L I Staff CEQA Negative Declaration (Form "E") 6/06 File No. TA 09-01 CITY OF ARCADIA 240 WEST HUNTINGTON DRIVE ARCADIA, CA 91007 ENVIRONMENTAL CHECKLIST FORM 1. Project Title: Text Amendment No. TA 09-01 2. Lead Agency Name and Address: City of Arcadia Development Services Department Community Development Division / Planning Services 240 West Huntington Drive - Post Office Box 60021 Arcadia, CA 91066-6021 3. Contact Person and Phone Number: Mr. Jim Kasama, Community Development Administrator Phone (626) 574-5442 Fax (626) 447-3309 4. Project Location: Citywide 5. Project Sponsor's Name and Address: City of Arcadia Development Services Department Community Development Division / Planning Services 240 West Huntington Drive - Post Office Box 60021 Arcadia, CA 91066-6021 6. General Plan Designation: N/A. Various. 7. Zoning Classification: N/A. Various. 8. Description of Project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off-site features necessary for its implementation. Attach additional sheet(s) if necessary.) Text Amendment No. TA 09-01 for the following changes to Chapter 2 of Article IX (Zoning Regulations) of the Arcadia Municipal Code: CEQA Env. Checklist (Form "J") Part 1 -1- 6/06 File No. TA 09-01 1. Add "Division 8 - Wireless Communication Facilities" (Section 9288) under the general provision section of the Zoning Regulations to establish standards for wireless communication facilities. 2. Amend "Division 6 - Dish Antennas" (Section 9286) under the general provision section of the Zoning Regulation to revise the definition and approval requirements for dish antennas. 9. Surrounding Land Uses and Setting: (Briefly describe the project's surroundings.) The project is to establish regulations for wireless communications facilities and is applicable to the entire City. Land use in and adjacent to the City include single- and multiple-family residential, commercial, recreation, racetrack, industrial, institutional, and open space. Nearby jurisdictions include Monrovia, Temple City, Pasadena, unincorporated Los Angeles County, EI Monte, Sierra Madre, and Irwin dale. 10. Other public agencies whose approval is required: (e.g., permits, financing approval, or participation agreement) None. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. [ ] Aesthetics [ ] Biological Resources [ ] Hazards & Hazardous Materials [ ] Mineral Resources [ ] Public Services [ ] Utilities / Service Systems ] Agriculture Resources ] Cultural Resources ] Hydrology / Water Quality ] Noise ] Recreation ] Mandatory Findings of Significance ] Air Quality ] Geology / Soils ] Land Use / Planning ] Population / Housing ] Transportation / Traffic DETERMINATION (To be completed by the Lead Agency) On the basis of this initial evaluation: [Xl I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. [] I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. [] I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. CEQA Env. Checklist (Form "J") Part 1 -2- 6/06 File No. TA 09-01 [] I find that the proposed project MAY have a "potentially significant" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. [] I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Is! 7 (JIll, ,!,t 1)~ If, 200f Signature Date Tom Li. Associate Planner Printed Name For: City of Arcadia Jason Kruckeberg Development Services Director EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g. the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2) All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: CEQA Env. Checklist (Form "J") Part 1 -3- 6/06 File No. TA 09-01 a) Earlier Analyses Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation M~asures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources. A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance. CEQA Env. Checklist (Form" J") Part 1 -4- 6/06 1. AESTHETICS - Would the project: a) Have a substantial adverse effect on a scenic vista? Potentially Significant Impact o Less Than Significant With Mitigation Incorporation o File Nos.: TA 09-01 Less Than Significant No Impact Impact ~ o The project is to establish regulations for wireless communications facilities and to revise the direct broadcast satellite antennas regulations. These regulations include provisions to address aesthetic values of such facilities and ensure that they would not have an adverse effect on a scenic vista. b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? o o o ~ There are no designated scenic highways within the City of Arcadia. The nearest designated state scenic highway is the Angeles Crest Highway approximately 15 miles away. Therefore, there will be no impacts to state scenic highways or scenic roadway corridors. c) Substantially degrade the existing visual character or quality of the site and its surroundings? o o o ~ The project is to establish regulations for wireless communications facilities and to revise the direct broadcast satellite antennas regulations. These regulations include provisions to address aesthetic values of such facilities and ensure that the changes complement the visual character and quality of the site and its surroundings. d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? o o o ~ The Arcadia Municipal Code has a provision to prohibit glare upon any neighboring properties; any future changes in the lighting arrangements must comply with this provision. Therefore, the project would not create a new source of substantial light or glare which would adversely affect day or nighttime views in the area. 2. AGRICULTURE RESOURCES - In determining whether impacts to agriculture resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing Impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland) to non-agricultural use? (The Farmland Mapping and Monitoring Program in the California Resources Agency to non-agricultural use? o o o ~ There is no farmland in the City of Arcadia. Therefore, the project would not convert farmland to non-agricultural use. b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? o o o ~ There is no agricultural use zoning or a Williamson Act contract in the City of Arcadia. Therefore, the proposed project would not have the above impacts. c) Involve other changes in the existing environment which, due to CEQA Checklist -5- o D. o ~ 4-03 File Nos.: TA 09-01 Potentially Significant Impact Less Than Significant With Mitigation Incorporation Less Than Significant No Impact Impact their location or nature, could result in conversion of Farmland to non-agricultural use? There is no farmland in the City of Arcadia, and the project will not convert farmland to non-agricultural use. 3. AIR QUALITY - Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? o o o ~ The City of Arcadia is located within the South Coast Air Basin (SCAB), which includes Los Angeles and Orange Counties, and portions of Riverside and San Bernardino Counties. The air quality in the SCAB is managed by the South Coast Air Quality Management District (SCAQMD), which funded the development of the West San Gabriel Valley Air Quality Plan. In 1993, the City of Arcadia adopted Resolution 5725, accepting the principles of the plan and agreeing to use the plan in the development of a local air quality program. Such a program is promoted through different approaches as outlined in the City's General Plan under Public Information and Community Involvement, Regional Coordination, Transportation Improvements and Systems Management, Transportation Demand Management, Land Use, Particulate Emissions Reduction, Energy Conservation, and Waste Recycling. The project is to establish regulations for wireless communications facilities and to revise the direct broadcast satellite antennas regulations. These facilities would not conflict with or obstruct implementation of the air quality plan. b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? o o o ~ The South Coast Air Basin (SCAB) continued the trend of long-term improvement in air quality; however, air quality measurements within this region exceed both the State and Federal air quality standards on a regular basis. In Arcadia, local air quality problems are largely the result of pollutants upwind of the city. The project is to establish regulations for wireless communications facilities and to revise direct broadcast satellite antennas regulations, and would not violate any air quality standard or contribute to an existing or projected air quality violation. c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? o o o ~ The South Coast Air Basin (SCAB) is a non-attainment area for Ozone (03), Fine Particulate Matter (PM2.5), Respirable Particulate Matter (PM1o), and Carbon Monoxide (CO), and is in a maintenance area for Nitrogen Dioxide (N02J. The project will not result in a cumulatively considerable net increase of any criteria pollutant as the project will not increase the intensity of the existing uses. Any new facility would be subject to review for potential pollutants. d) Expose sensitive receptors to substantial pollutant 0 0 0 ~ concentrations? The project will not result in a significant net increase in density from existing developments and uses. Furthermore, the uses on the subject properties are not listed as uses that emit odors and dust under the SCAQMD Air Quality Guidance Document. The allowable uses on subject site will remain consistent with the growth expectations for the region, and will not have an impact that conflicts with or obstructs implementation of the applicable air quality plan. e) Create objectionable odors affecting a substantial number of o o o rgJ CEQA Checklist -6- 4-03 people? File Nos.: TA 09-01 Potentially Significant Impact Less Than Significant With Mitigation Incorporation Less Than Significant No Impact Impact The project is to establish regulations for wireless communications facilities and to revise direct broadcast satellite antennas regulations, and would not create objectionable odors. 4. BIOLOGICAL RESOURCES - Would the project: a) Have a substantial adverse impact, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? o o o rgj In Arcadia, biological sensitive areas occur along existing creeks, upper watershed areas, existing flood control and infiltration facilities, and in natural hillside areas within the northerly portion of the city. These areas have generally been preserved as open space for public safety purposes or as wildlife habitat areas. The project is to establish regulations for wireless communications facilities and to revise direct broadcast satellite antennas regulations, and any new construction would be reviewed for its impact on biological resources. b) Have a substantial adverse impact on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? o o o rgj There are no designated riparian habitats or other sensitive natural communities within the City of Arcadia. c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption or other means? o o o rgj There are no federally protected wetlands within the City of Arcadia. The subject properties are located within a fully- developed area that is not close proximity to sensitive biological resources. Therefore, the project will not have the above impacts. d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established resident or migratory wildlife corridors, or impede the use of wildlife nursery sites? o o o rgj There are no known native resident or migratory fish or wildlife species within the City of Arcadia. Therefore, the project will not have the above impacts. e) Conflict with any local policies or ordinances protecting biological 0 0 0 rgj resources, such as a tree preservation policy or ordinance? The City of Arcadia has an ordinance to protect oak trees within the city. The project will not conflict with that ordinance as it does not interfere with the enforcement of the ordinance. Therefore, the project will not have the above impacts. CEQA Checklist f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Conservation Community Plan, or other approved local, regional or state habitat conservation plan? -7- o o o rgj 4-03 File Nos.: TA 09-01 Potentially Significant Impact Less Than Significant With Mitigation Incorporation Less Than Significant No Impact Impact There are no adopted Habitat Conservation Plans, Natural Conservation Community Plans, or other approved habitat conservation plan within the City of Arcadia. Therefore, the project will not have the above impacts. 5. CULTURAL RESOURCES - Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in ~ 15064.5? o o o ~ If previously unknown cultural resources are discovered during construction on the subject property, all work in the area would cease, and a qualified historian, archaeologist or paleontologist shall be retained by the development sponsor to assess the significance of the find, make recommendations, and prepare appropriate field documentation. b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to ~ 15064.5? o o o ~ The City is not known to contain any archaeological resources. Should any construction activity encounter any unrecorded archaeological resources, all work in the area would cease and a qualified archaeologist shall be retained by the development sponsor to assess the significance of the find, make recommendations, and prepare appropriate field documentation. c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? o o o ~ The City is not known to contain any paleontological or unique geological resources. Should any construction activity encounter any such unrecorded paleontological resources, all work in the area would cease and a qualified paleontologist or geologist shall be retained by the development sponsor to assess the significance of the find, make recommendations, and prepare appropriate field documentation. d) Disturb any human remains, including those interred outside of formal cemeteries? o o o ~ There are no known sites containing human remains in the City outside of formal cemeteries. State Health and Safety Code Section 7050.5 requires that development be halt. Should any remain be encountered, the County Coroner shall be contacted and has made the necessary findings as to the origin and disposition of the remains pursuant to Public Resources Code Section 5097.98. Compliance with these regulations would ensure the project would not result in impacts in disturbing human remains. 6. GEOLOGY AND SOILS - Would the project: a) Expose people or structures to potential substantial adverse 0 0 0 ~ effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the 0 0 0 ~ most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? 0 0 0 ~ CEQA Checklist -8- 4-03 File Nos.: TA 09-01 Less Than Potentially Significant With Less Than Significant Mitigation Significant No Impact Incorporation Impact Impact iii) Seismic-related ground failure, including liquefaction? 0 0 0 [gI iv) Landslides? 0 0 0 [gI The City of Arcadia contains two local fault zones: the Raymond Hill Fault and the Sierra Madre Fault. The extremely thick alluvial deposits which underlie the seismic study area are subject to differential settlement during any intense shaking associated with seismic events. This type of seismic hazard results in damage to property when an area settles to different degrees over a relatively short distance, and almost all properties in this region are subject to this hazard, but building design standards do significantly reduce the potential for harm. The project is to establish regulations for wireless communications facilities and to revise direct broadcast satellite antennas regulations, and any new construction located within an Alquist Priolo Study Zone area, or any other earthquake hazard zone would be subject to construction standards for those areas. b) Result in substantial soil erosion or the loss of topsoil? o o o [gI The project will not involve any activity to create unstable earth conditions. Prior to any construction, soil studies are required to evaluate the potential impacts of the construction upon the soil. c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? o o o [gI The City of Arcadia is located on an alluvial plain that is relatively flat and expected to be stable. The project will not result in on- or off-site landslide as it does not include any excavation, grading or filling. d) Be located on expansive soil as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? o o o [gI The subject site consists of alluvial soil that is in the low to moderate range for expansion potential as defined in Table 18-1- B of the Uniform Building Code. The project will not have the above impact. e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? o o o [gI The subject properties are in a fully-developed area that utilizes the local sewer system. Soil suitability for septic tanks or alternative waste water disposal systems is not applicable to this project. 7. HAZARDS AND HAZARDOUS MATERIALS - Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? o o o [gI The project does not include the routine transport, use or disposal of hazardous materials, and will not have the above impact. b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions CEQA Checklist -9- o o o [gI 4-03 involving the release of hazardous materials into the environment? File Nos.: TA 09-01 Potentially Significant Impact Less Than Significant With Mitigation Incorporation Less Than Significant No Impact Impact The project does not involve hazardous materials and will not create a significant hazard to the public or release hazardous materials into the environment. c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? o o o IZI The project does not involve hazardous materials and would not emit hazardous materials, substances, or waste. d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? o o o IZI The subject properties are not included on a list of hazardous material sites and will not create a significant hazard to the public or the environment. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? o o o IZI The subject properties are not located within an airport land use plan or within two miles of a public airport or public use airport. Therefore, there would not be any airport related safety hazards for people residing or working at the subject properties. f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? o o o IZI There is an existing helipad at the Methodist hospital. However, the project will not have any impact on the helipad since the installation of antennas requires design review approval to ensure compliance with all air traffic safety measures. Therefore, the project will not result in a safety hazard for people residing or working in the project area. g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? o o o IZI The project is to establish regulations for wireless communications facilities and to revise direct broadcast satellite antennas regulations, and any new construction would be reviewed for its impact on any adopted emergency response plan or evacuation plan. h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? o o o IZI The project is to establish regulations for wireless communications facilities and to revise direct broadcast satellite antennas regulations, and would not expose people or structures to a significant risk of loss, injury or death involving wildland fires. CEQA Checklist -10- 4-03 8. HYDROLOGY AND WATER QUALITY - Would the project: a) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (Le., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? File Nos.: TA 09-01 Potentially Significant Impact Less Than Significant With Mitigation Incorporation Less Than Significant No Impact Impact o o o t8J The project is to establish regulations for wireless communications facilities and to revise direct broadcast satellite antennas regulations. It will not deplete groundwater supplies or interfere with groundwater recharge as there will be no substantial increase in the intensity of the uses on the subject properties as a result of the project. b) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? o o o t8J The project is to establish regulations for wireless communications facilities and to revise direct broadcast satellite antennas regulations. The project does not involve alteration of existing drainage patterns and will not result in substantial erosion or siltation on- or off-site. c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? o o o t8J The project is to establish regulations for wireless communications facilities and to revise direct broadcast satellite antennas regulations. The project does not involve alteration of existing drainage patterns and will not result in flooding on- or off- site. d) Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? o o o t8J The project is to establish regulations for wireless communications facilities and to revise direct broadcast satellite antennas regulations. The project will not create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff. e) Otherwise substantially degrade water quality? o o o ~ Runoff from streets, parking areas, and other developed lands often carries various levels of water pollutants. However, The project is to establish regulations for wireless communications facilities and to revise direct broadcast satellite antennas regulations, and will not significantly intensify the use of the subject properties. Any future development proposals will be subject to aff NPDES requirements to ensure protection of groundwater quality. f) Violate any other water quality standards or waste discharge requirements? CEQA Checklist -11- o o o t8J 4-03 File Nos.: TA 09-01 Potentially Significant Impact Less Than Significant With Mitigation Incorporation Less Than Significant No Impact Impact The project is to establish regulations for wireless communications facilities and to revise direct broadcast satellite antennas regulations, and would not have the above impacts. g) Place housing within a 1 OO-year flood hazard area, as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? o o o ~ A series of flood control channels within the city convey storm water to regional facilities to the south. Due to this system, there are currently no areas within the City that are within a 100-year floodplain. The City of Arcadia was located within flood Zone D as identified by the Federal Emergency Management Agency (FEMA) map Community Number 065014. Under this zone, no floodplain management regulations have been required. A small portion of the City is within the Santa Anita Dam Inundation Area. Dam failure may be caused by a seismic event or an unprecedented intense storm that lasts over an extended period of time. Such an event could lead to the inundation of that portion of the City but is highly unlikely to occur. The project does not involve the placement of housing units and therefore will not have the above impact. h) Place within a 1 DO-year floodplain structures which would impede or redirect flood flows? o o o ~ As discussed above, there are currently no areas within the City that are within a 100-year floodplain. Therefore, the project will not have the above impact. i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? o o o ~ As mentioned, a small portion of the City is within the Santa Anita Dam Inundation Area. Dam failure could be caused by a seismic event or intense storm that lasts over an extended periOd of time. Such an event could lead to the inundation of that portion of the City, but is highly unlikely to occur. Therefore, the proposal will not expose people to a significant risk of loss, injury or death involving flooding. j) Expose people or structures to Inundation by seiche, tsunami or mudflow? o o o ~ The City of Arcadia is not located within close proximity to any large inland bodies of water or the Pacific Ocean to be inundated by a seiche or tsunami. The project is to establish regulations for wireless communications facilities and to revise direct broadcast satellite antennas regulations, and would not have the above impacts. k) During project construction, will it create or contribute runoff water that would violate any water quality standards or waste discharge requirements, including the terms of the City's municipal separate stormwater sewer system permit? o o o ~ Any future development proposals would be subject to NPDES requirements to ensure compliance with the water quality standards and waste discharge requirements. I) After the project is completed, will it create or contribute runoff water that would violate any water quality standards or waste discharge requirements, including the terms of the City's municipal separate stormwater sewer system permit? o o o ~ Any future development proposals would be subject to NPDES requirements to ensure compliance with the water quality standards or waste discharge requirements. CEQA Checklist -12- 4-03 m) Allow polluted stormwater runoff from delivery areas or loading docks or other areas where materials are stored, vehicles or equipment are fueled or maintained, waste is handled, or hazardous materials are handled or delivered, or other outdoor work areas, to impair other waters? File Nos.: TA 09-01 Less Than Potentially Significant With Less Than Significant Mitigation Significant No Impact Incorporation Impact Impact D D D I2J Any future development proposals would be subject to NPDES requirements to ensure compliance with the water quality standards and waste discharge requirements. n) Potential for discharge of stormwater to cause significant harm on the biological integrity of the waterways and water bodies including municipal and domestic supply, water contact or non- contact recreation and groundwater recharge? D D D I2J Any future development proposals would be subject to NPDES requirements to ensure compliance with the water quality standards and waste discharge requirements. 0) Discharge stormwater so that significant harm is caused to the biological integrity of waterways or water bodies? D D D I2J Any future development proposals would be subject to NPDES requirements to ensure that stormwater discharge causes no significant harm to the biological integrity of waterways or water bodies. p) Significantly alter the flow velocity or volume of storm water runoff that can cause environmental harm? D D D I2J Any future development proposals would be subject to NPDES requirements so as not to cause significant alteration of the flow velocity or volume of storm water runoff that can cause environmental harm. q) Significantly increase erosion, either on or off-site? The subject properties are located in a fully-developed area; the project will not increase erosion. 9. LAND USE AND PLANNING - Would the project: a) Physically divide an established community? , D D D I2J D D D ~ The project is to establish regulations for wireless communications facilities and to revise direct broadcast satellite antennas regulations, and any potential future development would be reviewed to not physically divide an established community. b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? D D D 12I The project is to establish regulations for wireless communications facilities and to revise direct broadcast satellite antennas regulations, and any new construction would be reviewed for conflicts with any applicable land use plan, policy, or regulations. c) Conflict with any applicable habitat conservation plan or natural CEQA Checklist -13- D D D I2J 4-03 community conservation plan? File Nos.: TA 09-01 Potentially Significant Impact Less Than Significant With Mitigation Incorporation Less Than Significant No Impact Impact There is no habitat conservation plan or natural community conservation plan in the City. Therefore, the project could not conflict with such plans. 10. MINERAL RESOURCES - Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? o o o [gI b) There are no known mineral resources in the City that would be of value to the region and the residents of the state. Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? o o o [gI There is no designation in the General Plan for a mineral resource recovery site. Therefore, the proposal would not have the above impact. 11. NOISE - Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? o o o [gI The project is to establish regulations for wireless communications facilities and to revise direct broadcast satellite antennas regulations, and any future development will be subject to the City's noise regulations. b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? o o o [gI The project is to establish regulations for wireless communications facilities and to revise direct broadcast satellite antennas regulations, and any future development affected by this project will be limited to wireless communications facilities, and do not include uses that would generate excessive groundborne vibration or groundborne noise levels. c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? o o o [gI The project is to establish regulations for wireless communications facilities and to revise direct broadcast satellite antennas regulations, and any future development affected by this project will be subject to the City's noise regulations. Therefore, there is no substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project. d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? o o o [gI The project is to establish regulations for wireless communications facilities and to revise direct broadcast satellite antennas regulations, and any future development affected by this project will be subject to the City's noise regulations. Therefore, there is no substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project. CEQA Checklist -14- 4-03 e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? File Nos.: TA 09-01 Potentially Significant Impact Less Than Significant With Mitigation Incorporation Less Than Significant No Impact Impact o o o [gI The subject site is not located within an airport land use plan or within two miles of a public airport or public use airport. f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? The subject site is not located within the vicinity of a private airstrip. 12. POPULATION AND HOUSING - Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? o o o [gI o o o [gI The project is to establish regulations for wireless communications facilities and to revise direct broadcast satellite antennas regulations, which do not induce substantial population growth. b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? o o o [gI The project is to establish regulations for wireless communications facilities and to revise direct broadcast satellite antennas regulations, and would not displace any existing housing. c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? o o o [gI The project is to establish regulations for wireless communications facilities and to revise direct broadcast satellite antennas regulations, and would not displace any existing housing. 13. PUBLIC SERVICES - Would the project: a) Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? 0 0 0 ~ Police protection? 0 0 0 [gI Schools? 0 0 0 ~ CEQA Checklist -15- 4-03 File Nos.: TA 09-01 Less Than Potentially Significant With Less Than Significant Mitigation Significant No Impact Incorporation Impact Impact Parks? 0 0 0 [gj Other public facilities? 0 0 0 [gj The project is to establish regulations for wireless communications facilities and to revise direct broadcast satellite antennas regulations, and would not displace any existing housing, and will not affect the above public services. 14. RECREATION - Would the project: a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? o o o [gj The project will not increase the use of existing neighborhood and regional parks or other recreational facilities. The project is to establish regulations for wireless communications facilities and to revise direct broadcast satellite antennas regulations, and would not displace any existing housing. and will not adversely impact recreational facilities. b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which have an adverse physical effect on the environment? o o o [gj The project is to establish regulations for wireless communications facilities and to revise direct broadcast satellite antennas regulations, and will not require the construction or expansion of recreational facilities. 15. TRANSPORTATIONITRAFFIC - Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (Le., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? o o o [gj Arcadia's roadway network is nearly built out, consisting of the Foothill Freeway (/-210), regional arlerial roadways, collectors and local streets. The subject properlies are bordered by a Modified One-Way Primary Arlerial with 3 lanes in each direction. Based on the Highway Capacity Manual, the capacity of a given street and the amount of traffic each street actually carries is expressed in terms of levels of service (LOS), ranging from level A (Free Flowing) to F ("Jammed". The project will not change the density of the existing uses, and will not cause an increase in traffic in relation to the existing load and capacity of the street system. b) Exceed, either individually or cumulatively, a level of service 0 0 0 [gj standard established by the county congestion management agency for designated roads or highways? The Los Angeles County Metropolitan Transporlation Authority (MTA) adopted their most recent Congestion Management Program (CMP) in 2004. For the purposes of the CMP, a significant impact occurs when the proposed project increases traffic demand on a CMP facility by 2% of capacity (VlC ~ 0.02), causing LOS F (VlC > 1.00). If the facility is already at LOS F, a significant impact occurs when the proposed project increases traffic demand on a CMP facility by 2% of capacity (VlC ~ 0.02). The lead agency may apply more stringent criteria if desired. The project will not change the density of the existing uses, and would not the above impact. c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? o o o [gj CEQA Checklist -16- 4-03 Potentially Significant Impact Less Than Significant With Mitigation Incorporation File Nos.: TA 09-01 Less Than Significant No Impact Impact The project is to establish regulations for wireless communications facilities and to revise direct broadcast satellite antennas regulations, and will not change the density of the existing uses, and will not cause an increase in air traffic. d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? o o o ~ The project is to establish regulations for wireless communications facilities and to revise direct broadcast satellite antennas regulations. The project does not change the density of the existing uses and does not include new design features or incompatible uses. e) Result in inadequate emergency access? o o o ~ The project is to establish regulations for wireless communications facilities and to revise direct broadcast satellite antennas regulations, and any future development would be subject to review to not obstruct or reduce access to emergency services. f) Result in inadequate parking capacity? o o o ~ The project is to establish regulations for wireless communications facilities and to revise direct broadcast satellite antennas regulations. The project would not have an effect on parking demand. g) Conflict with adopted policies, plans or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? o o o ~ The project is to establish regulations for wireless communications facilities and to revise direct broadcast satellite antennas regulations, and would not displace any existing housing. The project does not change the density of the existing uses and will not conflict with alternative transporlation opporlunities. 16. UTILITIES AND SERVICE SYSTEMS - Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? o o o ~ The California Regional Water Quality Control Board, Los Angeles Region, is the local board with jurisdiction over Arcadia. This board has established the Basin Plan which (i) designates beneficial uses for surface and ground waters, (N) sets narrative and numerical objectives that must be attained or maintained to protect the designated beneficial uses and conform to the state's antidegradation policy, and (Hi) describes implementation programs to protect all waters in the region. The project is to establish regulations for wireless communications facilities and to revise direct broadcast satellite antennas regulations. The project will not change the density of the uses and will not exceed the wastewater treatment requirements. Any future development is also subject to the requirements as set forlh in the Basin Plan. b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? o o o ~ The project is to establish regulations for wireless communications facilities and to revise direct broadcast satellite antennas regulations. The project will not change the density of the uses and will not result in the need for new water or wastewater treatment facilities or expansion of existing facilities. c) Require or result in the construction of new storm water drainage CEQA Checklist -17- o D. o ~ 4-03 File Nos.: TA 09-01 Potentially Significant Impact Less Than Significant With Mitigation Incorporation Less Than Significant No Impact Impact facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Local Stormwater management facilities, such as the storm drains within the area roadways, are the City's responsibility, while regional facilities are the responsibility of the Los Angeles Department of Public Works (DPW). The City municipal storm drain facilities will be maintained and improved in conformance with the City of Arcadia Drainage System Technical Memorandum. The project is to establish regulations for wireless communications facilities and to revise direct broadcast satellite antennas regulations. The project will not change the density of the uses and will not result in the need for new storm water drainage facilities or expansion of existing facilities. d) Have sufficient water supplies available to serve the project from 0 0 0 f2:I existing entitlements and resources, or are new or expanded entitlements needed? In making this determination, the City shall consider whether the project is subject to the water supply assessment requirements of Water Code Section 10910, et seq. (58 610), and the requirements of Government Code Section 664737 (58221). For the purposes of compliance with Senate Bill 610 and Senate Bill 221, the subject proposal does not qualify as a "project': A "project" means any of the following: 1) A proposed residential development of more than 500 dwelling units. 2) A proposed shopping center or business establishment employing more than 1,000 persons or having more than 500,000 square feet of floor space. 3) A proposed commercial office building employing more than 1,000 persons or having more than 250,000 square feet of floor space. 4) A proposed hotel or motel, or both, having more than 500 rooms. 5) A proposed industrial, manufacturing, or processing plant, or industrial park planned to house more than 1,000 persons, occupying more than 40 acres of land, or having more than 650,000 square feet of floor area. 6) A mixed-use project that includes one or more of the projects specified in this subdivision. 7) A project that would demand an amount of water equivalent to, or greater than, the amount of water required by a 500 dwelling unit project. If a public water system has fewer than 5,000 service connections, then "project" means any proposed residential, business, commercial, hotel or motel, or industrial development that would account for an increase of 10 percent or more in the number of the public water systems existing service connections, or a mixed-use project that would demand an amount of water equivalent to, or greater than, the amount of water required by residential development that would represent an increase of 10 percent or more in the number of the public water system's existing service connections. The project is to establish regulations for wireless communications facilities and to revise direct broadcast satellite antennas regulations and will not conflict with any applicable land use plan, policy, or regulation. e) Result in a determination by the wastewater treatment provider which serves or may serve the project determined that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? o o o f2:I The project is to establish regulations for wireless communications facilities and to revise direct broadcast satellite antennas regulations. The project will not change the density of the uses and will not increase the wastewater treatment demand. Any future development shall also be subject to the requirements as set forth in the Basin Plan. CEQA Checklist -18- 4-03 f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? File Nos.: TA 09-01 Less Than Potentially Significant With Less Than Significant Mitigation Significant No Impact Incorporation Impact Impact D D D ~ The project is to establish regulations for wireless communications facilities and to revise direct broadcast satellite antennas regulations. The project will not change the density of the uses and will not increase the need for landfill capacity. g) Comply with federal, state and local statues and regulations related to solid waste? D D D ~ The project is to establish regulations for wireless communications facilities and to revise direct broadcast satellite antennas regulations. The project will not change the density of the uses and will not violate any federal, state or local statues and regulations relating to solid waste. Any future development shall also be subject to the requirements as set forth in the Basin Plan. 17. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? D D D ~ The project is to establish regulations for wireless communications facilities and to revise direct broadcast satellite antennas regulations, and any future development will be reviewed to ensure that it does not have the potential to degrade the quality of the environment. It will not reduce the habitat of a fish or wildlife species since it is located in a fully-developed area. b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects )? D D D ~ The project is to establish regulations for wireless communications facilities and to revise direct broadcast satellite antennas regulations, and will not have negative impacts on the environment; neither individually limited, nor cumulatively considerable since it is located in a fully-developed area. c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? D D D ~ The project is to establish regulations for wireless communications facilities and to revise direct broadcast satellite antennas regulations, any future development will be reviewed for any potential environmental effects that will cause substantial adverse effects on human beings. No physical changes are proposed by the project. - - --- ---- - -------- - ---- CEQA Checklist -19- 4-03 , ." RESOLUTION NO. 1788 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 08-18 TO ALLOW TEEN DRIVER SAFETY CLASSES WITH A MAXIMUM OF 18 STUDENTS IN A 493 SQUARE-FOOT CONFERENCE ROOM ON THE SECOND FLOOR OF AN EXISTING GENERAL OFFICE USE AT 420 E. HUNTINGTON DRIVE WHEREAS, on November 10, 2008, a conditional use permit application was filed by George Tamayo of the Automobile Club of Southern California to allow teen driver safety classes in a 493 square-foot conference room on the second floor of an existing general office use, Development Services Department Case No. CUP 08-18, at property commonly known as 420 E. Huntington Drive; and WHEREAS, a public hearing was held by the Planning Commission on January 13, 2009, 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 RESOLVES AS FOLLOWS: SECTION 1. That the factual data submitted by the Development Services Department in the staff report dated January 13, 2009 is true and correct. f. ... SECTION 2. This Commission finds: 1. That the granting of such Conditional Use Permit will not be detrimental to the public health or welfare, or injurious to the property or improvements in such zone or vicinity because the proj ect is exempt from the requirements of the California Environmental Quality Act per Section No. 15322, for educational or training programs involving no physical changes. 2. That the use applied for at the location indicated is a proper one for which a Conditional Use Permit is authorized. 3. That the site for the proposed use is adequate in size and shape to accommodate said use. All yards, spaces, walls, fences, loading, landscaping and other features including the shared parking with the neighboring business, are adequate to adjust said use with the land and uses in the neighborhood. The proposed project complies with all related zoning requirements as set forth in the Arcadia Municipal Code. 4. That the site abuts streets and highways adequate in width and pavement type to carry the kind of traffic generated by the proposed use. 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan because the land use and current zoning are consistent with the General Plan. 2 1788 :' . 6. That the use applied for will not have a substantial adverse impact on the environment, and that based upon the record as a whole there is no evidence that the proposed project will have any potential for an adverse effect on wildlife resources or the habitat upon which the wildlife depends. SECTION 3. That for the foregoing reasons this Commission grants Conditional Use Permit No. CUP 08-18 allow teen driver safety classes with a maximum of 18 students in a 493 square-foot conference room on the second floor of an existing general office at 420 E. Huntington Drive, subject to the following conditions: 1. There shall not be more than eighteen (18) students in class at any one time for the teen driver safety classes. 2. The class hours shall be limited to 6:30 p.m. to 8:30 p.m., Monday through Thursday. 3. The use approved by CUP 08-18 is limited to the proposed teen driver safety program. The facility shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 08-18. 4. Noncompliance with the plans, prOVISIOns and conditions of approval for CUP 08-18 shall be grounds for immediate suspension or 3 1788 '" revocation of any approvals, which could result in the suspension of the teen driver safety classes. 5. Approval of CUP 08-18 shall not take effect until the property owner(s), and applicant have executed and filed the Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. 6. The applicant shall defend, indemnify, and hold harmless the City of Arcadia' and its officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officers, employees or agents to attack, set aside, void, or annul any approval or condition of approval of the City of Arcadia concerning this project and/or land use decision, including but not limited to any approval or condition of 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 officers, employees, and agents in the defense of the matter. 4 1788 AI' , SECTION 4. The Secretary shall certify to the adoption of this Resolution. Passed, approved and adopted this 27th day of January, 2009. Chairman, Planning Commission ATTEST: Secretary, Planning Commission APPROVED AS TO FORM: , ~~. 0.~ Stephen P. Deitsch, City Attorney 5 1788 .. MINUTES ARCADIA PLANNING COMMISSION Tuesday, January 13, 2009, 7:00 P.M. Arcadia City Council Chambers The Planning Commission of the City of Arcadia met in regular session on Tuesday, January 13, 2009 at 7:00 p.m., in the Council Chambers of the City of Arcadia, at 240 W. Huntington Drive, with Chairman Pro Tern Parrille presiding. PLEDGE OF ALLEGIANCE ROLL CALL: PRESENT: ABSENT: Commissioners Baderian, Baerg, Hsu and Parrille Commissioner Beranek OTHERS AlTENDING Community Development Administrator Jim Kasama Associate Planner Tom Li Assistant Planner Steven Lee Senior Administrative Assistant Billie Tone MOTION: It was moved by Commissioner Baderian, seconded by Commissioner Hsu, to excuse Chairman Beranek from the meeting. The motion passed by voice vote with none dissenting. MOTION: It was moved by Commissioner Hsu, seconded by Commissioner Baderian, to read the Resolutions by title only and waive reading the full text of the Resolutions. The motion passed by voice vote with none dissenting. SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS None TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO ADDRESS THE PLANNING COMMISSION ON NON-PUBLIC HEARING MATTERS - Five-minute time limit per person None PUBLIC HEARINGS 1. CONDITIONAL USE PERMIT NO. CUP 08-18 420 E. Huntington Drive George Tamayo (Representative of property owner, Automobile Club of South em California) + The applicant is requesting a Conditional Use Permit to allow driver safety classes with a maximum of 18 students in the conference room of an existing general office use (dba Automobile Club of Southern California). Associate Planner Thomas Li presented the staff report. Mr. George Tamaya, Product Administration for Driver Services, Auto Club of Southern California, said his organization wanted to extend to the city the advantages of a good quality teen driving school with classes twice weekly on Monday and Wednesday or Tuesday and Thursday. Mr. Tamaya explained that since none of the students drive, there would be no impact on parking. There would be only one instructor and a class would be scheduled every two months. Mr. Tamaya noted that the Auto Club is currently successsfully operating these classes in 18 California cities. The public hearing was opened. Chairman Pro Tern ParriUe asked if anyone else would like to speak in favor of the project. There were none. Chairman Pro Tern Parrille asked if anyone would like to speak in opposition to the project. There were none. MOTION: It was moved by Commissioner Baderian, seconded by Commissioner Hsu, to close the public hearing. Without objection the public hearing was closed. MOTION: It was moved by Commissioner Baderian, seconded by Commissioner Hsu, to approve Conditional Use Permit No. CUP 08-18 subject to the conditions of approval in the staff report ROLL CALL: AYES: NOES: ABSENT: Commissioners Baderian, Baerg, Hsu and Parrille None Chairman Beranek PC MINUTES 1-13..09 Page 2 ... DISCUSSION ITEM 2. CONDITIONAL USE PERMIT NO. CUP 08-15 921 S. Baldwin Avenue, Units G& H Terence Kwok (Architect) The applicant is requesting a Conditional Use Permit and parking modification to expand an existing eating establishment into an adjacent unit for a combined floor area of 1,971 square feet with seating for 40 patrons. This item was originally reviewed by the Commission at the December 9, 2008 meeting. At that time a decision was made to continue the item to the January 27 meeting. The applicant is now requesting a review of this item at this meeting. Assistant Planner Steven Lee presented the staff report. Mr. Paul Salvaterra spoke on behalf of his wife who is planning to open a Cajun restaurant at the site. He asked the Commissioners if they had received a letter that he had sent asking them to expedite the decision on his wife's application and the Commissioners assured Mr. Salvaterra that they had. Mr. Salva terra explained that Unit G has been vacant for a long time and the landlord is anxious to get a tenant with a functional business in the unit as soon as possible. Commissioner Baderian expressed appreciation to Mr. Salvaterra for his letter but noted that the item was originally continued to the January 27 meeting so that it could be reviewed along with another application on the same site. Commissioner Baderian said that since there was no indication that the situation had changed, he still felt that the item should be continued to the January 27 meeting. MOTION: It was moved by Commissioner Baderian, seconded by Commissioner Hsu, to reaffirm the continuance of Conditional Use Permit No. CUP 08-15 to January 27,2009. ROLL CALL: AYES: NOES: ABSENT: Commissioners Baderian, Baerg, Hsu and Panille None Chairman Beranek CONSENT ITEMS 3. RESOLUTION NO.. 1786 A Resolution of the Planning Commission of the City of Arcadia, California, approving Conditional Use Permit No. CUP 08-16 and Architectural Design Review No. ADR 08-25 for PC MINUTES 1-13"()9 Page 3 ,. an existing restaurant (The Patio Mediterranean Cuisine) to add a patio cover to an existing deck, and to expand the live entertainment, including music and dancing, to the second floor at 21 E. Huntington Drive. 4. RESOLUTION NO. 1787 A Resolution of the Planning Commission of the City of Arcadia, California, granting Conditional Use Permit No. CUP 08-17 to amend Condition No. 3A regarding a parking restriction of a previously approved Conditional Use Permit (CUP 03-06/Resolution No. 1694) for a 3,300 square-foot restaurant with beer and wine service and a dining capacity of 60 people at 1038-1088 South Baldwin Avenue. 5. MINUTES OF DECEMBER 9, 2008 MOTION: It was moved by Commissioner Baderian, seconded by Commissioner Hsu, to adopt Resolutions 1786 and 1787 and to approve the minutes as presented. Without objection Resolutions 1786 and 1787 were adopted and the minutes were approved by voice vote as presented. MATTERS FROM CITY COUNCIL AND PLANNING COMMISSION Councilman Kovacic expressed his appreciation for the Commissioners' Dinner last week at the Community Center and thanked the Planning Commissioners for their service to the city. He said that the City Council honored the Rose Court, especially Queen Courtney Lee and Princess Lauren Valenzuela, both of Arcadia, at the last Council meeting. In addition, the City Council discussed a possible change from a five-day to a one-day system for residential waste hauling which would reduce the number of truck trips required. Councilman Kovacic also said that Hal Libby, a long time resident of Arcadia who, along with his wife Carol, had been actively involved in many local organizations passed away over the weekend and that there is a service scheduled for January 24 at 2:00 p.m. at the Libby home. MODIFICATION COMMITTEE MEETING ACTIONS Commissioner Parrille said that there was no Modification Committee meeting today. FURTHER MATTERS FROM STAFF Mr. Kasama said that a draft Text Amendment on wireless facilities will be ready for the Commission's review at the January 27 meeting. He also said that there will be an item on the upcoming February 10 agenda regarding the project on Canyon Road that was recently approved and he reminded the Commissioners of the joint meeting PC MINUTES 1-13-09 Page 4 ... on February 24 with the City Council on the status of the General Plan project. Mr. Kasama told the Commissioners that the Conditional Use Permit application for the tea house and yogurt shop that was denied at the last meeting has been appealed to the City Council. 7 :20 p.rn. ADJOURNED Chairman Pro Tern, Planning Commission ATTEST: Secretary, Planning Commission PC MINUfES 1-13-09 Page S