HomeMy WebLinkAboutResolution No. 2074RESOLUTION NO. 2074
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARCADIA, CALIFORNIA, APPROVING MINOR USE PERMIT NO. MUP
20-03, ARCHITECTURAL DESIGN REVIEW NO. ADR 19-13, AND
TENTATIVE TRACT MAP NO. TTM 20-03 (83042), WITH A
CATEGORICAL EXEMPTION UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT ("CEQA") FOR A NEW MIXED-USE
DEVELOPMENT WITH 12 RESIDENTIAL UNITS AND 3,480 SQUARE
FEET OF GROUND FLOOR COMMERCIAL USES LOCATED AT 122-128
E. LIVE OAK AVENUE
WHEREAS, on December 9, 2019, Minor Use Permit No. MUP 20-03,
Architectural Design Review No. ADR 19-13, and Tentative Tract Map No. TTM 20-03
(83042) applications, collectively referred to as the "Project," were filed by Prestige
Design, Planning, and Development Inc. on behalf of the property owner, North America
DongHeng Holding Inc., for a mixed-use project consisting of 12 residential condominium
units and 3,480 square feet of ground floor commercial uses which requires subdivision
of the airspace located at 122-128 E. Live Oak Avenue; and
WHEREAS, on February 25, 2021, Planning Services completed an environmental
assessment for the Project in accordance with the California Environmental Quality Act
("CEQA"), and recommends that the Planning Commission determine the Project is
exempt under CEQA per Section 15332 of the CEQA Guidelines because the Project is
considered an in -fill development project; and
WHEREAS, on March 23, 2021, a duly noticed public hearing was held before the
Planning Commission on said Project, at which time all interested persons were given full
opportunity to be heard and to present evidence.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
ARCADIA, CALIFORNIA, HEREBY RESOLVES AS FOLLOWS:
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SECTION 1. The factual data submitted by the Community Development
Division in the staff report dated March 23, 2021 are true and correct.
SECTION 2. This Commission finds that based upon the entire record, pursuant
to Sections 9107.09.050, 9105.03.060, & 9107.19.040 of the Development Code, all of the
following findings can be made:
Minor Use Permit
plan.
A. The proposed use is consistent with the General Plan and any applicable specific
FACT: Approval of the Project would be consistent with the General Plan Land
Use Designation of Mixed Use, which allows a residential density of 30 units per acre and
a floor area ratio of 1.0. This land use designation allows mixed-use developments and
strongly encourages a pedestrian -oriented environment with a complementary mix of
commercial and residential uses. The proposed restaurant and retail uses will help
generate increased activity along E. Live Oak Avenue. The Project will not adversely
affect the comprehensive General Plan and is consistent with the following General Plan
goals and policies:
Land Use and Community Design Element
Policy LU -1.1: Promote new infill and redevelopment projects that are
consistent with the City's land use and compatible with surrounding existing
uses.
• Policy LU -1.8: Encourage development types that support transit and other
alternative forms of transportation, including bicycling and walking.
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Policy LU -4.2: Encourage residential development that enhances the visual
character, quality, and uniqueness of the City's neighborhoods and districts.
• Policy LU -4.3: Require the provision of adequate private and common open
space for residential units. Require sufficient on-site recreational facilities to
meet the daily needs of residents, if possible, commensurate with the size
of the development.
• Policy LU -6.4: Encourage design approaches that create a cohesive,
vibrant look and that minimize the appearance of expansive parking lots on
major commercial corridors for new or redeveloped uses.
• Policy LU -6.5: Where mixed use is permitted, promote commercial uses that
are complementary to adjacent residential uses.
B. The proposed use is allowed within the applicable zone, subject to the granting
of a Minor Use Permit, and complies with all other applicable provisions of the
Development Code and the Municipal Code,
FACT: The subject site is zoned Mixed Use (MU), which allows for mixed-use
developments subject to the approval of a Minor Use Permit (MUP). The Project complies
with all the development standards of the MU zone, including but not limited to setbacks,
height, density, parking, and open space.
C. The design, location, size, and operating characteristics of the proposed activity
will be compatible with the existing and future land uses in the vicinity.
FACT: The subject site is 18,126 square feet in size and is located in the Mixed
Use (MU) zone. The site is surrounded by commercial uses consisting of office uses to
the north which are zoned C -G, General Commercial, a retail use to the east (Grocery
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Outlet) with office uses to the west which are both zoned MU, and single family residences
to the south, across the alley, in the unincorporated area of Los Angeles County which is
outside of Arcadia city limits. The Project will provide ground floor commercial uses which
will be compatible with the existing and future land uses in the vicinity. The Project will
also provide residential uses that will support the commercial uses in this area. Therefore,
the development and operation of the mixed-use development will be compatible with the
existing and future land uses in the vicinity.
D. The site is physically suitable in terms of:
a. Its design, location, shape, size, and operating characteristics of the
proposed use in order to accommodate the use, and all fences, landscaping, loading,
parking, spaces, walls, yards, and other features required to adjust the use with the land
and uses in the neighborhood;
FACT: The site is 18,126 square feet in size and can physically accommodate the
Project. The residential component of the development will provide a density of 28.8 units
per acre, which is in compliance with the maximum density of 30 units per acre for this
site. The commercial component of the development will have a floor area ratio (FAR) of
0.19, which is in compliance with the maximum allowable FAR of 1.0. Additionally, the
amount of on-site parking that will be provided meets and exceeds the minimum required
by the Development Code. Therefore, the site is physically suitable to accommodate the
proposed mixed-use development.
b. Streets and highways adequate in width and pavement type to
accommodate public and emergency vehicle (e.g., fire and medical) access;
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FACT: The project site is located on the south side of E. Live Oak Avenue, between
Myrtus Avenue and Tyler Avenue. These streets are adequate in width and pavement type
to carry emergency vehicles and traffic generated by the Project.
c. Public protection services (e.g., fire protection, police protection, etc.);
FACT: The Fire and Police Departments have reviewed the Project and determined
that there will be no impacts to public protection services. The need for new or altered Fire
or Police services is usually associated with substantial population growth. The Project is
not anticipated to cause substantial population growth; therefore, no impacts to public
protection services are anticipated.
d. The provision of utilities (e.g., potable water, schools, solid waste
collection and disposal, storm drainage, wastewater collection, treatment, and disposal,
etc.).
FACT: The Project will be located on two vacant lots which will be subdivided as
part of the development. New utility connections, including connections for potable water
and storm drainage, will be required. Implementation of best management practices during
construction and operation would ensure impacts to water quality do not occur. The site
can be adequately served by all required utilities through interconnection with existing
utilities within City right-of-way along Live Oak Avenue and/or the existing alley adjacent
to the south of the site.
E. The measure of site suitability shall be required to ensure that the type, density,
and intensity of use being proposed will not adversely affect the public convenience,
health, interest, safety, or general welfare, constitute a nuisance, or be materially injurious
to the improvements, persons, property, or uses in the vicinity and zone in which the
property is located.
FACT: The Project is not anticipated to have adverse effects on the public health
or welfare, or the surrounding neighborhood. The Project will be compatible with the
surrounding commercial and residential uses in the general area. Additionally, the
environmental studies prepared for the Project assessed all the potential impacts resulting
from development of the site and it was determined that there would be no significant
impacts to traffic, noise, air quality, or water quality. Therefore, the Project will not
adversely affect the public convenience, health, interest, safety or general welfare of
adjacent uses in the vicinity and zone of the subject property.
Tentative Tract Map
F. The proposed map, subdivision design, and improvements are consistent with
the General Plan, any applicable specific plan, and the Subdivisions Division of the
Development Code.
FACT: Approval of the Project is consistent with the Mixed Use Land Use
designation as it is intended to accommodate mixed-use development with a residential
density of up to 30 units per acre and a floor area ratio of 1.0. The Project will have 12
residential condominium units and 3,480 square feet of ground floor commercial space.
The Project has been reviewed for compliance with the City's General Plan, Development
Code, and the State Subdivision Map Act. It has been determined that the proposed
subdivision is consistent with the General Plan Mixed Use Land Use designation and the
MU, Mixed Use zoning designation. The site is physically suitable for this type of
development and the architectural design of the building is compatible with the scale and
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character of the surrounding area. The proposed tentative tract map complies with the
Subdivision Map Act regulations and there is no specific plan applicable to this project.
The Project will not adversely affect the comprehensive General Plan and is consistent
with the following General Plan goals and policies:
Land Use and Community Design Element
Policy LU -1.1: Promote new infill and redevelopment projects that are consistent
with the City's land use and compatible with surrounding existing uses.
Policy LU -1.8: Encourage development types that support transit and other
alternative forms of transportation, including bicycling and walking.
Policy LU -4.2: Encourage residential development that enhances the visual
character, quality, and uniqueness of the City's neighborhoods and districts.
Policy LU -4.3: Require the provision of adequate private and common open space
for residential units. Require sufficient on-site recreational facilities to meet the daily
needs of residents, if possible, commensurate with the size of the development.
• Policy LU -6.4: Encourage design approaches that create a cohesive, vibrant look
and that minimize the appearance of expansive parking lots on major commercial
corridors for new or redeveloped uses.
• Policy LU -6.5: Where mixed use is permitted, promote commercial uses that are
complementary to adjacent residential uses.
G. The site is physically suitable for the type and proposed density of development.
FACT: The subject site is approximately 18,126 square feet in size and is physically
suitable for the Project. The MU zone allows a maximum residential density of 30 units per
acre and a floor area ratio (FAR) of 1.0 for non-residential uses. The Project proposes a
VA
residential density of 28.8 units per acre and a commercial FAR of 0.19; therefore, the
Project is in compliance with the Development Code and the site is physically suitable for
the proposed development.
H. The design of the subdivision and the proposed improvements are not likely
to cause substantial environmental damage or substantially and avoidably injure fish or
wildlife or their habitat.
FACT: The proposed tentative tract map to subdivide the air space for the Project
is a minor subdivision of an infill site within an urbanized area; therefore, it will not cause
substantial environmental damage or substantially and avoidably injure fish or wildlife or
their habitat.
I. The design of the subdivision or type of improvements is not likely to cause
serious public health or safety problems;
FACT: The proposed subdivision will subdivide the air space of the Project. The
construction of the Project will be done in compliance with Building and Fire Codes and all
other applicable regulations. The proposed density will be below the maximum allowed by
the Mixed Use (MU) zone and the City's existing infrastructure will adequately serve the
new development. In addition, the Project meets all health and safety requirements, and
will not cause any public health or safety problems.
J. The design of the subdivision or the type of improvements will not conflict with
easements acquired by the public at large for access through or use of, property within the
proposed subdivision (This finding shall apply only to easements of record or to easements
established by judgement of a court of competent jurisdiction and no authority is hereby
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granted to a legislative body to determine that the public at large has acquired easements
for access through or use of property within the proposed subdivision).
FACT: The Project does not conflict with easements acquired by the public at large
for access through or use of, property within the proposed subdivision. There are no known
easements on the subject property.
K. The discharge of sewage from the proposed subdivision into the community
sewer system will not result in violation of existing requirements specified by the California
Regional Water Quality Control Board.
FACT: The Arcadia Public Works Services Department determined that the City's
existing infrastructure will adequately serve the new development, and the requirements
of the California Regional Water Quality Control Board will be satisfied.
L. The design of the subdivision provides, to the extent feasible, passive or
natural heating and cooling opportunities.
FACT: The proposed tentative tract map and mixed-use development have been
reviewed by Building Services to ensure compliance with the California Building Code,
which includes requirements associated with heating and cooling requirements.
M. The proposed subdivision, its design, density, and type of development and
improvements conforms to the regulations of the City's Development Code and the
regulations of any public agency having jurisdiction by law.
FACT: The proposed subdivision as conditioned complies with the density
requirements of the City's Development Code, and all the improvements required for the
site and each unit will comply with the regulations in the City's Development Code.
Design Review
N. The arrangement and relationship of proposed structures and signs to one
another and to other developments in the vicinity and whether the relationship is
harmonious and based on good standards of design.
FACT: The Project is consistent with the City's Design Guidelines and all the
applicable findings under Site Plan and Design Review can be made since the proposed
mass, scale, design are compatible with the existing developments along this portion of E.
Live Oak Avenue. The proposed Contemporary architectural style incorporates a variety
of finishes and materials including smooth stucco, lap siding, stone veneers, and
decorative metal accents, which provide visual interest along E. Live Oak Avenue. The
upper levels are stepped back from the lower levels to provide vertical relief and reduce
visual massing from the street view. The Project has been designed in a manner to
maintain compatibility with the surrounding neighborhood and existing streetscape.
SECTION 3. Pursuant to the provisions of the California Environmental Quality Act
("CEQA"), this Project is a Class 32 Categorical Exemption as an infill -development project
per Section 15332 of the CEQA Guidelines.
SECTION 4. For the foregoing reasons the Planning Commission determines
that the Project is Categorically Exempt under the California Environmental Quality Act
("CEQA") Section 15332, Class 32, and approves Minor Use Permit No. MUP 20-03,
Architectural Design Review No. ADR 19-13, and Tentative Tract Map No. TTM 20-03
(83042) for a mixed-use development consisting of 12 residential condominium units and
3,480 square feet of ground floor commercial uses which requires subdivision of the
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airspace located at 122-128 E. Live Oak Avenue, subject to the conditions of approval
attached hereto.
SECTION 6. The Secretary shall certify to the adoption of this Resolution.
Passed, approved and adopted this 23rd day of March, 2021.
ATTEST:
Lisa L. Flores
Secretary
APPROVED AS TO FORM:
Stephen P. Deitsch
City Attorney
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Marilynne Wilander
Chair, Planning Commission
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) §:
CITY OF ARCADIA )
I, Lisa Flores, Secretary of the Planning Commission of the City of Arcadia, hereby
certify that the foregoing Resolution No. 2074 was passed and adopted by the Planning
Commission of the City of Arcadia, signed by the Chair and attested to by the Secretary at
a regular meeting of said Planning Commission held on the 23th day of March, 2021 and
that said Resolution was adopted by the following vote, to wit:
AYES: Chair Wilander, Vice Chair Lin, Chan, Thompson, and Tsoi
NOES: None
ABSENT: None
6�W-4--
Lisa L. F res
Secretary of the Planning Commission
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RESOLUTION NO. 2074
Conditions of Approval
1. The Applicant/Property Owner shall provide a total of ten (10) secured bicycle
parking spaces on the subject site. The commercial units shall provide shower
facilities and personal lockers for employees to satisfy the requirements for an
End -of -the -Trip Bike Facility. The Bike Plan shall be reviewed and approved by the
Planning & Community Development Administrator or designee and Deputy
Development Services Director/Engineer prior to issuance of a building permit from
Building Services.
2. All windows shall be recessed a minimum of two (2) inches from the building wall.
A construction detail indicating the 2 -inch recess shall be included on the plans
submitted to the Building Services for plan check.
3. Prior to issuance of a building permit, the Applicant/Property Owner shall submit a
Vehicle Miles Traveled (VMT) Plan to Planning Services. The Plan shall indicate
how the each of the required VMT measures will be implemented and managed
per the VMT Mitigation Strategies listed in the VMT Analysis that was prepared by
LSA, dated February 10, 2021.
4. Prior to the issuance of a Certificate of Occupancy, the Applicant/Property Owner
shall record a Covenant on the property for the owner(s) to maintain the
Management Plan for the VMT Mitigation Strategies, as required under Condition
No. 3.
5. During all project site construction, all construction -related activities, including
maintenance of construction equipment and the staging of haul trucks, shall be
limited to between the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday
and between 8:00 a.m. and 5:00 p.m. on Saturday. No construction is permitted
on Sundays and holidays specified in the City's Municipal Code.
6. During all project site preparation and grading, contractors shall equip all
construction equipment, fixed or mobile, with properly operating and maintained
mufflers consistent with manufacturers' standards.
7. All stationary construction equipment shall be located on-site so that emitted noise
is directed away from sensitive receptors nearest to the project site (i.e., north
and northwest of the subject property).
8. Equipment staging locations on site shall provide the greatest distance between
construction -related noise sources and noise -sensitive receptors nearest the
project site during all project construction.
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9. The project shall be developed and maintained by the Applicant/Property Owner
in a manner that is consistent with the plans submitted and conditionally approved
for MUP No. 20-03, ADR 19-13, TTM No. 20-03 (83042), subject to the
satisfaction of the Planning & Community Development Administrator or
designee.
10. The Applicant/Property Owner shall be responsible for the repair of all damage to
public improvements in the public right-of-way resulting from construction related
activities, including, but not limited to, the movement and/or delivery of equipment,
materials, and soils to and/or from the site. This shall be determined by the
Planning and Community Development Administrator and Public Works Director
during construction and up until issuance of a Certificate of Occupancy.
11. Prior to issuance of a building permit, the Applicant/Property Owner shall submit
a parking management plan of which spaces will be allocated to each of the
residential units, and said plan shall be subject to review and approval by the
Planning and Community Development Administrator, or designee.
12. The plans submitted for Building plan check shall comply with the latest adopted
edition of the following codes as applicable:
a. California Building Code
b. California Electrical Code
c. California Mechanical Code
d. California Plumbing Code
e. California Energy Code
f. California Fire Code
g. California Green Building Standards Code
h. California Existing Building Code
i. Arcadia Municipal Code
13. All utility conductors, cables, conduits and wiring supplying electrical, cable and
telephone service to the building shall be installed underground except risers
which are adjacent to and attached to a building.
14. The grading plans shall indicate all site improvements, and shall indicate complete
drainage paths of all drainage water run-off.
15. The Applicant/Property Owner will be required to pay the City's Map and Final
Approval Fee prior to approval of the Final Map.
16. Prior to approval of the Tract Map or the issuance of a demolition permit,
whichever comes first, the Applicant/Property Owner shall either construct or post
security for all public improvements shown on the Tentative Map 82853 and the
following item(s);
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a. Remove and replace existing sidewalk, curb and gutter from property line
to property line along the property frontage on E. Live Oak Avenue.
b. Coordinate with Public Works Services on replacement or protection of
street trees.
c. Install new driveway per City Standard plans.
d. Construct a continuation of the ribbon gutter, rehabilitate the alley pavement
for the portion abutting the subject property, and repair the potholes
between Myrtus Avenue and Tyler Avenue.
17. The proposed development shall provide a Low Impact Development (LID) plan
for the permanent treatment of the stormwater runoff and a SWPPP for the
handling of stormwater runoff during construction. Plan requirements include using
infiltration trenches, bioretention planter boxes, roof drains connected to a
landscaped area, pervious concrete/paver, etc.
18. The building shall have a new fire sprinkler system. The ground floor and second
floor system shall be based on a NFPA 13 system. The residential floors shall be
based on an NFPA 13R system. The sprinkler system shall be fully monitored.
Audible/visual devices shall be provided on all floors and in sleeping units.
19. A knox box shall be provided at a location to be approved by the Fire department.
20. Fire extinguishers with a minimum rating of 2A:1OBC shall be provided on all floors
at approved locations.
21. A minimum of one elevator capable of accommodating a 24 -inch by 84 -inch
ambulance stretcher/gurney shall be provided.
22. A minimum of one fire hydrant shall be provided near the street frontage.
23. The Applicant/Property Owner shall provide calculations to determine the
maximum domestic demand, maximum commercial demand and maximum fire
demand in order to verify the required water service size required.
24. The Applicant/Property Owner shall provide separate water services and meters
for each separate structure as well as designated services for specific residential,
commercial and irrigation uses.
25. The Applicant/Property Owner shall provide a separate landscape meter for
common area landscape irrigation. The backflow preventer on the common area
irrigation shall be Reduce Pressure Backflow Assembly as approved by the Public
Works Services Department.
26. Domestic water service for residential condominiums for each building shall be
provided by a common master meter installed within the public right of way.
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Approved back flow prevention devices shall be installed for meter services
protection.
27. Fire protection requirements shall be as stipulated by the Arcadia Fire Department
and shall be conformed to Arcadia Standard Plan. A separate fire service with
Double Check Detector Assembly (DCDA) shall be installed for each fire service
required.
28. A Water Meter Permit Application shall be submitted to the Public Works Services
Department prior to final plan check approval.
29. New water service installations shall be by the Applicant/Property Owner.
Installation shall be according to the specifications of the Public Works Services
Department, Engineering Section. Abandonment of existing water services, if
necessary, shall be by the Applicant/Property Owner, according to Public Works
Services Department, Engineering Section specifications.
30. If connecting to a City sewer main, the App Iicant/Prope rty Owner shall utilize
existing sewer lateral(s) if possible.
31. If any drainage fixture elevation is lower than the elevation of the next upstream
manhole cover, an approved backwater valve is required.
32. The Applicant/Property Owner shall remove the Ficus trees in the parkway with a
permit from the Public Works Department and replace with 36 -inch box Magnolia
'Russet' trees. The Applicant/Property Owner shall contact Dave Thompson or
designee, from the Public Works Services Department prior to removal of any trees
located within the parkway.
33. The proposed project is subject to the State Water Resources Control Board's
NPDES General Construction Permit requirements:
a. Applicant submit Notice of Intent along with applicable fees to the State.
b. Applicant to prepare a Stormwater Pollution Prevention Plan.
c. City will not issue a grading permit until Waste Discharge ID # can be
furnished.
34. The trash enclosure area shall comply with the following:
a. Provide a minimum of 9'-7" space for each 3 yard bin.
b. Provide a minimum roof clearance to allow the bin lids to open completely.
c. Need to accommodate all required bins, including but not limited to, trash,
recycling and organics recycling bins.
d. Provide a minimum of one (1) foot clearance around the trash bin/recycling
bin.
35. All City requirements regarding disabled access and facilities, occupancy limits,
building safety, health code compliance, emergency equipment, environmental
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regulation compliance, and parking and site design shall be complied with to the
satisfaction of the Building Official, City Engineer, Planning & Community
Development Administrator, Fire Marshal, and Public Works Services Director.
Any changes to the existing facility may be subject to having fully detailed plans
submitted for plan check review and approval by the aforementioned City officials
and employees, and may subject to building permits.
36. Noncompliance with the plans, provisions and conditions of approval for MUP 20-
03, ADR 19-13, and TTM 20-03 (83042) shall be grounds for immediate
suspension or revocation of any approvals, which could result in the termination of
alcohol sales.
37. The Applicant/Property Owner shall defend, indemnify, and hold harmless the City
of Arcadia and its officials, officers, employees, and agents from and against any
claim, action, or proceeding against the City of Arcadia, its officials, officers,
employees or agents to attack, set aside, void, or annul any approval or conditional
approval of the City of Arcadia concerning this project and/or land use decision,
including but not limited to any approval or conditional approval of the City Council,
Planning Commission, or City Staff, which action is brought within the time period
provided for in Government Code Section 66499.37 or other provision of law
applicable to this project or decision. The City shall promptly notify the Applicant
of any claim, action, or proceeding concerning the project and/or land use decision
and the City shall cooperate fully in the defense of the matter. The City reserves
the right, at its own option, to choose its own attorney to represent the City, its
officials, officers, employees, and agents in the defense of the matter.
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