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March 3, 2009
CITY OF ARCADIA CITY COUNCIL /REDEVELOPMENT AGENCY REGULAR MEETING TUESDAY, MARCH 3, 2009 AGENDA 6:00 p.m. Location: City Council Chamber Conference Room, 240 W. Huntington Drive CALL TO ORDER ROLL CALL OF CITY COUNCIL /REDEVELOPMENT AGENCY MEMBERS: Robert Harbicht, Mayor /Agency Chair John Wuo, Mayor Pro Tem /Agency Vice Chair Peter Amundson, Council /Agency Member Roger Chandler, Council /Agency Member Gary Kovacic, Council /Agency Member CLOSED SESSION PUBLIC COMMENTS (5 minutes per person) Any person wishing to address the City Council /Redevelopment Agency during the Public Comments period is asked to complete a "Public Comments" card available in the Council Chamber Lobby. The completed form should be submitted to the City Clerk/Agency Secretary prior to the start of the Closed Session /Study Session. In order to conduct a timely meeting, there will be a five (5) minute time limit per person. All comments are to be directed to the City Council /Redevelopment Agency and we ask that proper decorum be practiced during the meeting. State law prohibits the City Council /Redevelopment Agency from discussing topics or issues unless they appear on the posted Agenda. CLOSED SESSION a. Pursuant to Government Code Section 54956.9(a) to confer with legal counsel regarding the workers' compensation case of Javier Fierro. b. Pursuant to Government Code Section 54957.6 to confer with labor negotiators. City Negotiators William W. Floyd, Hue Quach and Michael Casalou. Employee Organizations Arcadia Public Employees Association, Arcadia City Employees, Arcadia Police Officers' Association, Arcadia Firefighters' Association and unrepresented employees: Department Heads, Division Managers, Supervisors, and Part-time employees. C. Pursuant to Government Code Section 54956,9(a) to meet with legal counsel regarding the case of Alice Ai v. the City of Arcadia and Peter Ulrich (Los Angeles Superior Court Case No. 07C61732). Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection in the City Clerk's office located at 240 W Huntington Drive, Arcadia, California, during normal business hours. Pursuant to Government Code Section 54956(a) to confer with legal counsel regarding the case of Ken Harper v. City of Arcadia, et al . (United States District Court Case No. CV08 -02286 MANx). 7:00 p.m., City Council Chamber RECONVENE CITY COUNCIL /REDEVELOPMENT AGENCY MEETING TO OPEN SESSION CALL TO ORDER INVOCATION Dr. Robert Nafie, First Church of Christ, Scientist PLEDGE OF ALLEGIANCE Jason Kruckeberg, Development Services Director ROLL CALL OF CITY COUNCIL /REDEVELOPMENT AGENCY MEMBERS: Amundson, Chandler, Kovacic, Wuo and Harbicht REPORT FROM CITY ATTORNEY /AGENCY COUNSEL ON CLOSED SESSION ITEMS SUPPLEMENTAL INFORMATION FROM CITY MANAGER/EXECUTIVE DIRECTOR REGARDING AGENDA ITEMS MOTION TO READ ALL ORDINANCES AND RESOLUTIONS BY TITLE ONLY AND WAIVE THE READING IN FULL PUBLIC HEARING All interested persons are invited to appear at the Public Hearing and to provide evidence or testimony concerning the proposed items of consideration. You are hereby advised that should you desire to legally challenge any action taken by the City Council with respect to any Public Hearing item on this agenda, you may be limited to raising only those issues and objections which you or someone else raised at or prior to the time of the Public Hearing. CITY COUNCIL ITEMS: a. Approv th e 2008 -2009 Annual Weed Abatement Program and protest public hearing. Recommended Action: Approve the 2008 -2009 Weed Abatement Property List and direct the Los Angeles County Agricultural Commissioner to abate nuisances upon those properties. 41 and the related single - family design guidelines. Recommended Action: Introduce Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection in the City Clerk's office located at 240 W. Huntington Drive, Arcadia, California, during normal business hours. Recommended Action: Adopt c. Consideration of Text Amendment No. 09 -01, relating to wireless communications facilities. Introduce Ordinance No. 2255 adding Division 8 to Part 8 of Chapter 2 of Article IX of the Arcadia Municipal Code pertaining to regulation of wireless communication facilities. Recommended Action: Introduce PUBLIC COMMENTS (5 minutes per person) Any person wishing to address the City Council /Redevelopment Agency during the Public Comments period is asked to complete a "Public Comments" card available in the Council Chamber Lobby. The completed form should be submitted to the City Clerk/Agency Secretary prior to the start of the 7:00 p.m. Open Session. In order to conduct a timely meeting, there will be a five (5) minute time limit per person. All comments are to be directed to the City Council /Redevelopment Agency and we ask that proper decorum be practiced during the meeting. State law prohibits the City Council /Redevelopment Agency from discussing topics or issues unless they appear on the posted Agenda. REPORTS FROM MAYOR, CITY COUNCIL AND CITY CLERK 2. CONSENT CALENDAR All matters listed under the Consent Calendar are considered to be routine and can be acted on by one roll call vote. There will be no separate discussion of these items unless members of the City Council /Redevelopment Agency request specific items be removed from the Consent Calendar for separate action. CITY COUNCIL ITEMS: n- b. Award a Purchase Order to D3 Equipment for one (1) 2009 Case 580 Super Series Backhoe in the amount of $81.990. Recommended Action: Approve C. Action: Approve d. Approve Fin al Map No. 70231 for an eight (8) unit condominium proiect at 724 West Fairview Avenue. Recommended Action: Approve Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection in the City Clerk's office located at 240 W. Huntington Drive, Arcadia, Califomia, during normal business hours. Election to be held in said City on Tuesday. June 9. 2009 and setting other election requirements as provided by law. Recommended Action: Adopt e. amount of $20.000. Recommended Action: Approve Approve a License Agreement with Methodist Hospital of Southern California regarding parking spaces. Recommended Action: Approve 3. CITY MANAGER a. Report, discussion and direction regarding Fireworks show and Parade in Downtown Arcadia. Recommended Action: Provide direction ADJOURNMENT The City Council /Redevelopment Agency will adjourn this meeting to March 5, 2009, at 2:00 p.m. in the City Council Chamber Conference Room located at 240 W. Huntington Drive, Arcadia in order to meet with State Senator Bob Huff. 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 -5455. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to the meeting. Any writings or documents provided to a majority of the City Council regataing any item on this agenda will be made available for public inspection in the City Clerk's office located at 240 W. Huntington Drive, Arcadia, California, during normal business hours. c� A C f *c � r '�'ORAT6�� ,eoQ STAFF REPORT Office of the City Clerk DATE: March 3, 2009 TO: Honorable Mayor and Members of the City Council FROM: James Barrows, City Clerk Prepared by: Lisa Mussenden, Chief Deputy City Clerk/Records Manager SUBJECT: 2008 -2009 ANNUAL WEED ABATEMENT PROGRAM AND PROTEST PUBLIC HEARING RECOMMENDATION: Approve the 2008 -2009 Weed Abatement Property List and direct the Los Angeles County Agricultural Commissioner to abate nuisances upon those properties. BACKGROUND On February 17, 2009, the City Council adopted Resolution No. 6668 declaring its intention to abate noxious weeds, rubbish and refuse from various private properties within the City. Resolution No. 6668 also set March 3, 2009 as the time and place to hear objections from the owners of such properties to the proposed removal of flammable and otherwise noxious material. As required by the California Government Code, the Los Angeles County Agricultural Commissioner (County) has mailed the appropriate notice to all affected property owners. The attached list identifies the properties requiring weed abatement by street address, or the general location if a street number has not been assigned (see Appendix A). Representatives from the County and the Arcadia Fire Department will be present at tonight's public hearing in order to address any questions regarding this matter. 1 RECOMMENDATION It is staff's recommendation that the City Council move to approve the 2008 -2009 Weed Abatement Property List and direct the Los Angeles County Agricultural Commissioner to abate nuisances upon those properties. APPROVED: Donald Penman City Manager Attachment — Appendix "A" 2 LOS ANGELES COUNTY DECLARATION LIST DATE O1 13 09 CITY OF ARCADIA IN SEQ BY WEED -KEY, THEN PARCEL UNIMPROVED ZONE CITY CODE STREET ADDRESS PARCEL NO. KEY 06 035 SANTA ANITA CANYON RD 5765 002 012 6 7 06 035 SANTA ANITA CANYON RD 5765 002 013 5 7 06 035 CANYON RD 5765 002 900 1 7 06 035 HIGHLAND VISTA DRIVE 5765 011 011 8 ' 7 06 035 HIGHLAND OAK DRIVE 5765 030 010 9 7 06 035 NORTH OF TOREY PINES DRIVE 5771 001 007 7 7 06 035 WHISPERING PINES DRIVE 5771 032 013 4 7 06 035 TORREY PINES DRIVE 5771 033 015 0 7 06 035 TORREY PINES DRIVE 5771 033 016 9 7 06 035 TORREY PINES DRIVE 5771 033 017 8 7 06 035 FLOWER ST 5773 005 900 4 7 06 035 FLOWER ST 5773 005 901 3 7 06 035 FRONT ST 5773 006 910 0 7 06 C35 153 E SANTA CLARA ST 5773 007 009 0 7 06 035 INDIANA ST 5773 010 905 9 7 06 035 INDIANA ST 5773 010 906 8 7 06 035 INDIANA ST 5773 010 907 7 7 06 035 INDIANA ST - 5773 011 922 6 7 06 035 INDIANA ST 5773 011 923 5 7 06 035 INDIANA ST 5773 011 924 4 7 06 035 INDIANA ST 5773 011 925 3 7 06 035 INDIANA ST 5773 011 926 2 7 06 035 3RD AVENUE 5773 015 937 0 7 06 035 3RD AVENUE 5773 015 938 9 7 06 035 3RD AVENUE 5773 015 939 8 7 06 035 3RD AVENUE 5773 015 940 5 7 06 035 3RD AVENUE 5773 015 941 4 7 06 035 3RD AVENUE 5773 015 942 3 7 06 035 3RD AVENUE 5773 015 943 2 7 06 035 3RD AVENUE 5773 015 944 1 7 06 035 3rd AVENUE 5773 015 945 0 7 06 035 3RD AVENUE 5773 015 946 9 7 06 035 3RD AVENUE 5773 015 947 8 7 06 035 3RD AVENUE 5773 015 948 7 7 06 035 3RD AVENUE 5773 015 949 6 7 06 035 3RD AVENUE 5773 015 950 2 7 06 035 3RD AVENUE 5773 015 951 1 7 06 035 COLORADO BLVD 5775 022 900 7 7 06 035 COLORADO BLVD 5775 022 901 6 7 06 035 SANTA CLARA STREET 5775 025 025 0 7 06 035 FOOTHILL FWY 5775 026 902 6 7 06 035 FOOTHILL FWY 5775 026 903 5 7 06 035 FOOTHILL FWY 5775 026 904 4 7 06 035 FOOTHILL FWY 5775 026 905 3 7 06 035 CORNELL RD 5775 026 906 2 7 06 035 DUARTE RD 5779 015 004 2 7 06 035 23 E DUARTE RD 5779 015 005 1 7 06 035 25 E DUARTE RD 5779 015 006 0 7 06 035 E DUARTE RD 5779 015 007 9 7 06 035 3 E DUARTE RD 5779 015 040 8 7 06 035 201 E DUARTE RD 5779 018 040 2 7 -1- APPENDIX "A" LOS ANGELES COUNTY DECLARATION LIST DATE O1 13 09 CITY OF ARCADIA IN SEQ BY WEED -KEY, THEN PARCEL UNIMPROVED ZONE CITY CODE STREET ADDRESS PARCEL NO. KEY -06 035 203 E DUARTE RD 5779 018 050 9 7 -06 035 810 S 2ND AVE 5779 01B 065 2 7 -06 035 818 S 2ND AVE 5779 01B 066 1 7 -06 035 818 S 2ND AVE 5779 018 067 0 7 -06 035 818 S 2ND AVE 5779 018 068 9 7 -06 035 828 S 2ND AVE - 5779 018 069 8 7 06 035 LEROY AVENUE 5764 020 014 3 7 06 035 NORMAN AVENUE 5768 014 013 3 7 06 035 LIVE OAK AVENUE 5790 027 034 6 7 06 035 CLARK ST 8532 016 001 5 7 06 035 CLARK ST 8532 016 004 2 7 06 035 CLARK ST 6532 016 022 0 7 06 035 GOLDRING RD 6532 018 005 7 7 06 035 GOLDRING RD 8532 018 011 9 7 06 035 122 E LIVE OAK AVE 8573 024 005 5 7 06 035 128 E LIVE OAK AVE 8573 024 006 4 7 WEED KEY 7 TOTAL VACANT /IMPROVED RECORDS 6 WEED KEY 7 TOTAL UNIMPROVED RECORDS 61 WEED KEY 7 TOTAL RECORDS 67 -2- I ` E STAFF REPORT Development Services Department March 3, 2009 TO: Mayor and City Council FROM: Jason Kruckeberg, Development Services Director By: Jim Kasama, Community Development- Administrator Prepared by: Lisa L. Flores, Senior Planner Steven Lee, Assistant Planner SUBJECT: Ordinance No. 2247 and Resolution No. 6665 amending the City's Architectural Design Review Reaulations as set forth in SUMMARY The Development Services Department is recommending approval of the proposed text amendments and the related single - family residential design guidelines to better address zoning regulations that were eliminated by recent text amendments; such as entry height design and street side elevation indentation /projection requirements on corner lots. The design guidelines are also proposed to be amended in response to Staffs experience and to enhance the overall cohesiveness of the document, which should make the design guidelines more intuitive to its users. In addition, Staff is recommending that an administrative process be added in the Single- family Design Guidelines for minor commercial, industrial, and multiple family improvements. A copy of the amendments to the Single - Family Design Guidelines were sent to the President .and Architectural Review Board Chair of the five Homeowners Associations (HOAs) recognized by the City since the design guidelines apply to all single - family residences throughout the City. None of the HOA representatives expressed any concerns. In fact, all of them were pleased with the amendments and thought it was a significant improvement to the existing guidelines. On November 25,.2008 and December 9, 2008 the Planning Commission held public hearing to review the proposed text amendment, and related design guidelines. There was no opposition to the proposal. The Planning Commission voted 4 -0, with one Commissioner absent, recommending approval of Text Amendment No. 08 -05 and the related design guidelines. Since the December 9`" meeting, Staff re- evaluated the text amendment and proposed to amend the list of projects that are eligible for administrative design review. Specifically, Staff proposed to eliminate the 250 square -foot cap that was originally proposed for small single - family additions because establishing a square footage on additions could hinder Staff from streamlining the design review process for larger additions that are in full compliance with the design guidelines and zoning regulations. Additionally, Staff now finds it appropriate to include detached accessory buildings (guest houses' pool houses, garages, sheds, etc.) in the list of projects that qualify for administrative review. The Planning Commission voted 5 -0, recommending approval of the proposed revisions. BACKGROUND The single - family design review process and the residential design guidelines were adopted in 2005 and became effective on January 6, 2006. The purpose of design review and the guidelines is to preserve the character of Arcadia's single - family residential neighborhoods and promote high - quality architectural design throughout the City. The guidelines have been helpful in aiding staff in the design review process, but Staff believes the guidelines can be improved to more clearly express the City's desires and expectations to the public. Therefore, Staff is proposing a comprehensive update to the guidelines, which includes several new sections such as Architectural Style, Additions and Alterations, Landscaping, and Fences and Walls. The services of architect Roger Cantrell were used to assist Staff with this effort. DISCUSSION A summary of the proposed changes is set forth below. The attached text amendment and Single- family Design Guidelines show the existing text to remain in normal type, and the new language appears in "red" with strikeouts on the language to be deleted. 1. Design Review Regulations — Administrative Review The Design Concept Review and Approval for single - family dwellings currently has provisions for an administrative review process for "minor alterations" to an existing single - family dwelling. "Minor alterations" include exterior finishes, roof material, fences and walls, etc. However, there is currently no administrative review procedure for multiple - family, commercial, and industrial projects. As a result, Staff has to require the submittal of a formal application for even minor alterations, such as fences and walls, and exterior finishes to a building. In an effort to expedite the review process for minor alterations, Staff is proposing an TA 08 -05 /Ord. No. 2247 /Reso. 6665 March 3, 2009 Page 2 administrative review process to be added for multiple - family, commercial, and industrial projects. The list of minor alterations is as follows: (a) Roofing material; (b) Window /door change outs /replacements /additions; (c) Fences /walls /gate ; (d) Exterior finishes siding; (e) Patio enclosures, covered patios, trellises, residentially zoned property; (f) Minor first floor additions and detached accessory family zoned property; (g) Other types of exterior alterations as deemed Development Services Director or designee. The proposed new regulation is attached as Item No. 1. and gazebos on buildings on single- appropriate by the 2. Amendments to the Single - Family Design Guidelines A. Architectural Style A new "Architectural Style" section has been added to introduce various architectural styles found in and around Arcadia. The styles include Traditional Ranch, Colonial /American Traditional, Spanish, Tudor /Cottage, Craftsman, French, and Contemporary/Modern. The style section also proposes that, "strict adherence to a single architectural style is not required." This represents a shift in the guidelines. The current guidelines state that houses should convey a specific architectural style, but staff believes that this requirement has hindered creativity in design and has placed undue emphasis on the replication of established architectural styles rather than ensuring that a new residence is compatible with the surrounding homes. The proposed language states that elements from different architectural styles can be combined if they work together and are compatible with the surrounding neighborhood. The intent is to encourage the use of positive design characteristics rather than require adherence to one specific architectural style. Nonetheless, applicants are encouraged to choose one traditional style as a starting point in the design process so that the design has coherency. B. Additions and Alterations This new section has been added to the guidelines to specifically address additions and alterations. The goal is to prevent additions from having a "tacked - on" or "pop -up" appearance, and to provide clear guidance for the design of additions and alterations. TA 08 -05 /Ord. No. 2247 /Reso. 6665 March 3, 2009 Page 3 C. Landscape & Hardscape, and Fences & Walls The existing Open Space section has been re- titled and divided into two separate sections: 1) Landscape & Hardscape; and 2) Fences & Walls. The Landscape & Hardscape section includes a new list of encouraged plant species, drought tolerant landscape materials, and water conservation measures. The plant list has been reviewed and approved by Public Works Services. The fence and wall guidelines were separated into their own section since they do not always relate to landscaping. D. Redesigned House Staff is proposing to eliminate this section from the guidelines because it is not representative of the kinds of issues Staff commonly deals with during the design review process. The existing redesign illustration is not a particularly effective or helpful tool in expressing the City's expectations with regards to residential design. E. Successful Application of the Guidelines In lieu of the 'Redesigned House" example, Staff is proposing a new section that highlights three actual design review' cases that illustrate successful implementation of the guidelines. Signed copyright license agreements have been obtained from each of the design firms whose elevation designs appear in the document. F. Other General Changes • The document has been reformatted to be more user - friendly and visually appealing. • Many of the photographs have been replaced with better examples that reflect the kind of high - quality design that is expected in Arcadia. • To promote more sustainable building and landscaping practices, a sustainability icon (a small leaf) is used throughout the guidelines to identify goals that can reduce environmental impacts. • New guidelines have been added to address some of the problematic design issues that Staff encountered through the years. Language is also being added to address the recently approved text amendments that eliminated some designs related to zoning regulations such as entry treatments and projections /indentations on street side elevations for corner lots. TA 08 -05 /Ord. No. 2247 /Reso. 6665 March 3, 2009 Page 4 Grammatical errors have been corrected and wording has been revised to improve the flow and clarity of the document. ENVIRONMENTAL ANALYSIS The proposed Text Amendment and Design Guidelines update are exempt from the requirements of the California Environmental Quality Act (CEQA). There is no possibility that the changes will have a significant effect on the environment under Section 15061(b)(3) of the CEQA Guidelines. FISCAL IMPACT The proposed text amendment and Design Guidelines Update will have no direct fiscal impact. RECOMMENDATION It is recommended that the City Council: Introduce Ordinance No. 2247: An Ordinance of the City Council of the City of Arcadia, California amending the City's Architectural Design Review Regulations as set forth in Sections 9295 et seq. of the Arcadia 'Municipal Code and the related single - family design guidelines in its entirety; and 2. Adopt Resolution `No. 6665 amending the Single Family Design Guidelines for single family residential projects pursuant to Section 9255.6 of the Arcadia Municipal Code. Approved By: Donald Penman, City Manager Attachments: 1) Text Amendment — Architectural ..Design Review Regulations. 2) Ordinance No. 2247 3) Resolution No. 6245 4) Exhibit A - Amended Single - Family Design Guidelines 5) Preliminary Exemption Assessment TA 08 -05 /Ord. No. 2247 /Reso. 6665 March 3, 2009 Page 5 Amending the City's Architectural Design Review Regulations as set forth in Section 9295.9 of the Arcadia Municipal Code. A. By Development Services Department. 1. . Administrative Review single family dwellings. The Development Services Director or designee may approve, conditionally approve, disapprove or return plans for revisions for the following types of improvements, te-a single- subject to the determination of the Development Services Director or designee that the proposed project complies with the s+agle -famil applicable Design Guidelines: (1) Roofing material; (2) Window /door change outs /replacements /additions; (3) Fences /walls /gates within the ftent yard area; (4) Exterior finishes siding; (5) Patio enclosures, covered patios, trellises, and on residentially zoned property; (6) Minor first floor additions and detached accessory buildings on single - family zoned property; (7) Other types of exterior alterations as deemed appropriate by the Development Services Director or designee. Review of the aforementioned improvements may be conducted upon submittal of plans to Building Services or subsequent to plans being submitted for plan check. If the Development Services Director or designee determines that the proposed improvements do not comply with the single family design guidelines, the applicant shall submit for a regular review process as set forth below. Final Design Review. Final design review of development plans shall be initiated within one (1) year of design concept of approval by submission of plans by a project proponent to Building Services for plan check. 2. Regular Review: The Development Services Director or designee shall review development plans submitted by a project proponent for design concept approval within thirty (30) working days after receipt for a single - family residential project and within forty -five (45) working days after receipt for a multiple - family, commercial or industrial project, and may approve, conditionally approve, disapprove or return plans for revisions. After each submittal of a complete application, the City shall have thirty (30) working days of receipt to review the plans for a single - family residential project and forty -five (45) working days after receipt for a multiple - family, 'commercial or industrial project. Within five (5) working days after a decision, notice of decision shall be mailed to the applicant. Attachment No. 1 ORDINANCE NO. 2247 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING THE CITY'S ARCHITECTURAL DESIGN REVIEW REGULATIONS AS SET FORTH IN SECTIONS 9295, ET SEQ. OF THE ARCADIA MUNICIPAL CODE AND RELATED SINGLE - FAMILY DESIGN GUIDELINES THE CITY COUNCIL OF THE CITY OF ACADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 9295.9 of Article IX, Chapter 2, Part 9, Division 5 of the Arcadia Municipal Code is hereby amended to read in its entirety as follows: "9295.9. DESIGN CONCEPT REVIEW AND APPROVAL. A. Development Services Department. 1. Administrative Review. The Development Services Director or designee may approve, conditionally approve, disapprove or return plans for revisions for the following types of improvements, subject to the determination of the Development Services Director or designee that the proposed project complies with the applicable Design Guidelines: (a) Roofing material; (b) Window /door change outs /replacements /additions; (c) Fences /walls /gates; (d) Exterior finishes; (e) Patio enclosures, covered patios, trellises, and gazebos on residentially zoned property; (f) Minor first floor additions and detached accessory buildings on single - family zoned property; (g)Other types of exterior alterations as deemed appropriate by the Development Services Director or designee. i Attachment No. 2 Review of the aforementioned improvements may be conducted upon submittal of plans to Building Services or subsequent to plans being submitted for plan check. If the Development Services Director or designee determines that the proposed improvements do not comply with the design guidelines, the applicant shall submit application for a regular review process as set forth below. Final Design Review. Final design review of development plans shall be initiated within one (1) year of design concept approval by submission of plans by a project proponent to Building Services for plan check. 2. Regular Review: The Development Services Director or designee shall review development plans submitted by a project proponent for design concept approval within thirty (30) working days after receipt for a single - family residential project and within forty-five (45) working days after receipt for a multiple- family, commercial or industrial project, and may approve, conditionally approve, disapprove or return plans for revisions. After each submittal of a complete application, the City shall have thirty (30) working days of receipt to review the plans for a single - family residential project and forty-five (45) working days after receipt for a multiple - family, commercial or industrial project. Within five (5) working days after a decision, notice of decision shall be mailed to the applicant." SECTION 2. The City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of the same to be published in the official newspaper of said City within fifteen (15) days after its adoption. [SIGNATURES ON NEXT PAGE] 2 Attachment No. 2 RESOLUTION NO. 6665 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING THE CITY'S ARCHITECTURAL DESIGN REVIEW GUIDELINES FOR SINGLE - FAMILY RESIDENTIAL PROJECTS PURSUANT TO SECTION 9295.6 OF THE ARCADIA MUNICIPAL CODE WHEREAS, the text amendment revising the City's Architectural Design Review standards (Text Amendment 2008 -05) was initiated by the Development Services Department to amend the City's current Architectural Design Review Regulations and Guidelines for single - family residential projects; and WHEREAS, Section 9295.6 of the Arcadia Municipal Code, as amended, states that general design review criteria for single - family projects shall be established by resolution of the City Council; and WHEREAS, on November 25, 2008 and December 9, 2008 duly noticed public hearings were held before the Planning Commission on said matter at which time all interested persons were given full opportunity to be heard and to present evidence; and WHEREAS, the Planning Commission voted 4 -0, with one Commissioner absent, to recommend to the City Council approval of the amended single - family design review regulations and guidelines; and 1 Attachment No. 3 Passed, approved and adopted this day of , 2009. Mayor of the City of Arcadia ATTEST: City Clerk APPROVED AS TO FORM: Stephen P. Deitsch City Attorney WHEREAS, on February 17, 2009, the City Council held a duly noticed public hearing and voted approval to said text amendment and amended Design Guidelines. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. The amended single - family residential design guidelines provide for the orderly development of the City and will promote high- quality development while allowing diversity of style. SECTION 2. The proposed single - family residential design guidelines are a tool to effectively communicate to a homeowner/builder a clear understanding of acceptable design solutions and establish standards for new homes and additions to existing homes that address mass, scale, and other design features to encourage compatibility with surrounding development. SECTION 3. For the foregoing reasons, the City Council approves the single - family residential design guidelines as set forth in Exhibit "A" attached hereto and unincorporated as part of this Resolution. SECTION 4. This Resolution shall take effect upon the effective date of Ordinance No. 2247. E Attachment No. 3 SECTION 5. The City Clerk shall certify the adoption of this Resolution. Passed, approved and adopted this day of , 2009. ATTEST: City Clerk APPROVED AS TO FORM: Stephen P. Deitsch City Attorney Mayor of the City of Arcadia 3 -,.. � :,v l /A✓ i ♦h off 1 ��� '' �1'G �; `' ti4- a .. �. i1 �. • F L I Ile 7 .ar r u � ii. td r�.a•� _ � ff L 1�q} ► n� r ^ fr 'V' • '9 w �.� � rtY'�i'S v ` _ � � �'( Z , L yam" - . °o.a�+ '-' 7e••}�, r �.. ,�y ... 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O C O N CL m I O a) D N C Cc C N m m O N U N 0 > N L w j d L C. c E m o N d c a) o rn m E E m 0 N S c O D d o F c N m T cm 'y a1 U fA N m N 'O C � o fA v d E N v' STAFF REPORT Development Services Department March 3, 2009 TO: Mayor and City Council FROM: Jason Kruckeberg, Development Services DirectorJUK- By: Jim Kasama, Community Development Administrator Prepared by: Thomas Li, Associate Planner SUBJECT: Consideration of Text Amendment No. TA 09 -01 to establish regulations for wireless communication facilities and to amend the regulations for direct broadcast satellite antennas; Article IX, Chapter 2, Part 8 of the Arcadia Municipal Code. Recommended action: Approval by introducing the following Ordinance: Ordinance No. 2255 - An Ordinance of the City Council of the City Of Arcadia, California, adding Division 8 to Part 8 of Chapter 2 of Article IX of the Arcadia Municipal Code pertaining to regulation of wireless communication `facilities. SUMMARY This application was initiated by the Development Services Department to establish regulations for wireless communication 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, for instance, is Senate Bill 1627, which requires streamlining of the approval process for certain co- located wireless communications facilities. The Development Services Department recommends approval of this text amendment. DISCUSSION With the popularity of cellular devices and their increasing capabilities, the need for wireless communication 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 communication facilities on private property and in the public rights -of -way, and updates the satellite dish antenna regulations. Wireless communication 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 rooftop or fagade- mounted antennas. But, for standalone facilities such as a monopole, a Conditional Use Permit is required. However, there are no established standards for the review and 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. There are currently no standards for installations. in public rights -of -way. 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 communication 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 TA 09 -01 March 3, 2009 Page 2 of 4 industry and the public want regulations to be established. Therefore, staff requested the City Attorney 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. The Development Services Department is proposing this text amendment to establish regulations for wireless communication facilities, and to amend the regulations for direct broadcast satellite antennas. These regulations are to be in Article IX, Chapter 2, Part 8 of the Arcadia Municipal Code. The attached ordinance was prepared by the City Attorney's Office and the Development Services Department, and is consistent with current federal and State laws. The proposed 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 proposed regulations go on to provide definitions, development standards, design criteria, and maintenance requirements. The proposed ordinance codifies the current application review practices, and provides 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- mounted and are less than two feet (2') in diameter are federally exempted from local governmental review and approval. At the 'Planning Commission meeting on January 27, 2009, Mr. Vince Vargas, an Arcadia resident presented the attached letter that includes a list of items that he felt should be addressed by the proposed ordinance. The City Attorney responded at the meeting =to each item in detail and explained how each item has either been addressed TA 09 -01 March 3, 2009 Page 3 of 4 in the proposed ordinance, or cannot be implemented due to conflicts with federal or State legislatiori. PLANNING COMMISSION ACTION The Planning Commission, at their January 27, 2009 meeting considered the proposed text amendment, and voted 5 -0 to recommend approval. An excerpt of the Planning Commission Meeting Minutes is attached. 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 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. The environmental documents are attached. RECOMMENDATION That the City Council approve Text Amendment No. TA 09 -01 by introducing the attached Ordinance No. 2255. Approved: J)b .- .fl Donald Penman, City Manager Attachments: Ordinance No. 2255 Letter from Mr. Vince Vargas January 27, 2009 Planning Commission Minutes Negative Declaration & Initial Study TA 09 -01 March 3, 2009 Page 4 of 4 ORDINANCE NO. 2255 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ADDING DIVISION 8 TO PART 8 OF CHAPTER 2 OF ARTICLE IX OF THE ARCADIA MUNICIPAL CODE PERTAINING TO REGULATION OF WIRELESS COMMUNICATION FACILITIES WHEREAS, this Ordinance establishes regulations for the location, design and development of wireless communication facilities within the City, in order to address the negative secondary effects of said facilities, while remaining consistent with current Federal and State law; and WHEREAS, the Planning Commission conducted a properly noticed public hearing on January 27, 2009 at which members of the public were afforded an opportunity to comment upon this Ordinance, the recommendations of staff and public testimony; and WHEREAS, after such hearing, the Planning Commission recommended that the City Council approve this Ordinance; and WHEREAS, the City Council conducted a properly noticed public hearing on March 3, 2009 at which members of the public were afforded an opportunity to comment on this Ordinance, the recommendations of staff and public testimony. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. The Arcadia Municipal Code is hereby amended by adding a new Division 8 to Chapter 2, Article IX to read in its entirety as follows: 1 "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. 2 "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. "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 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): (2) Decision of the Development Services Director or designee with respect to architectural design review (to the Planning Commission): Sections 9275.2.9, 9295.16(B) & 9600 Section 9295.16(A) 10 (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. (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; 5 (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 (15') 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. 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 rl consistent with the technological requirements of the proposed wireless communication service. All costs for the visual analysis, and applicable administrative costs, shall be bome 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 the quality of service provided by the applicant both at present and after installation of the proposed wireless communication facility. (o) 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. 7 (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. 9288.5. NOTICE(S) OF HEARING/DETERMINATION. (a) 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. (b) 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. 9288.6. LOCATION AND DEVELOPMENT STANDARDS. (a) Subject to the restrictions and requirements of this Division, the following wireless communication facilities may be located in the following zones: (1) LOCATIONS: (A) Multiple - Family (R -3) zones, (B) Professional Office (C -O) zones, (C) Commercial Planned Development (CPD -1) 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 -1) zones, (D) Medium Density Multiple Family Residential (R -2) zones, and (E) Automobile Parking/One- Family and Medium Density Multiple - Family (PR -0, PR -1 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. (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. E (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 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; 10 (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. 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. 11 (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 o£ (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 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. 12 (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. Fagade 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: (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. §332(c)(7)(B)(i)(II)); or (2) Unreasonably 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. §332(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. 13 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 of this 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: (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, 14 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. 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. 15 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 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 ON WHEELS" PROHIBITED/EMERGENCY DEPLOYMENT. "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 16 (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; (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 retaining 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/PENALTY. (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." 17 SECTION 2. Section 9275.1.11 of Division 5, Part 7, Chapter 2 of Article IX of the Arcadia Municipal Code is hereby amended in its entirety to read as follows: (NOTE: additions are highlighted in bold italics and deletions are highlighted in str-ikeetrt) 9275.1.11. SAME. Wireless Communication Facilities, as set forth in Sections 9288 et sse " SECTION 3. Division 6, Part 8, Chapter 2 of Article IX of the Arcadia Municipal Code is hereby amended in its entirety to read as follows: (NOTE: additions are highlighted in bold italics and deletions are highlighted in strikeeat) "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. E. 4. The nature of the community, its goals and objectives have as 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 of the 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 of the community. 9286.1 DEFINITIONS. For the purpose of this Division, the following terms shall have the following meanings: (a) "dish 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 having a di afneter- greater than two (2) feet, and w iieh syst m is extefoal t8 or- a#aehed to the (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 n*av "NTENw." PEWAR TREE HtED AppROVALREQUIREMENTS. Disk DBS antennas shall be subject to the following approvals: Divisietr. (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!g me. of this Code. (c) Every dish 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 dish DBS antenna shall be located, designed, constructed, treated and maintained in accordance with the standards set forth in this Division. Dish DBS antenna systems may be installed, erected and maintained within all land use zones of the city, but only in accordance with the provisions of this Division. 19 9286.3.1 INSTALLATION AND SAFETY REQUIREMENTS. (a) Every dish 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 dish DBS antenna near power lines, or where damage would be caused by its falling, a separate safety wire must be attached to the antenna mast or tower, and secured in a direction away from the hazard. Dish DBS antenna transmission lines must be kept at least twenty-four (24) inches clear of utility lines. (c) Every dish 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 six feet (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 dish DBS antenna afray shall extend beyond the any lot prepert5 lines of the subject site. (b) No portion of any DBS antenna (including mounting equipment and guy wires) shall be located er 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. my !at or -Mdiin any . side yafd on the street side ef a eemer lat. Ne gratind fneunted di antemas shall be leeated in the afea between the building and the front pfepefty line or- betwee h h •u• d a nd h •a r -te � pef an the stree s id e a f a e_ l .. (c) All ground - mounted dish 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 dish DBS antenna is located. (d) Roof top- or side - mounted DBS antennas may not be located in any residential zone. Any roof -, top- or side - mounted dish DBS antenna wM bases of attaehment en a bei ldifig located in a commercial, industrial or special zone shall be located within the middle one -third (' /s) of the roof e€ said building upon which it is mounted, unless said dish 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 location on a building in any zone. 20 9286.3.3 HEIGHT. (a) In r-esidefftial all zones, DBS antennas with bases of aRaeliffieFA a 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 _ttaeb ent en a bull -a'_" shall not extend hig " 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 , spe eW zenes, dish antennas with bases of attaebmew E) the greund shall a 16) feet in heigM above the gfade. 9286.3.4 SCREENING. (a) Th e materials used in eenstfuet...,. a: -h DBS antennas shall not be composed of materials that are excessively bright, shiny, garish or reflective. (b) Dish 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 ffepei45 site upon which they are located. All ground - mounted disk 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 disk 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 disk DBS antenna shall be maintained in good condition and in accordance with all requirements of this Section. (b) The disk 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 sum suitable coating by either gal vanizin g or she}°- a '_ziRg p - ee_ss- femiff to guard against rust and corrosion and te pr-eteet the elements against eleetr-elyfie (c) Every dish DBS antenna shall be subject to periodic reinspection. No additions, changes or modifications shall be made to a disk DBS antenna, unless the addition, change or modification is in conformity with th B Code this AtEiele Division. .21 9286.4 NONCONFORMING USE OF DISH DBS ANTENNAS. (a) Dish DBS antennas constructed prior to F ebizaafy 22, 3, 2009, when revised regulations regarding dish DBS antennas under Ordinance 4S96 Number 2255 became effective, and which do not conform to all of the requirements `' feef as set f in Seetia° 9296A dffeugh 9 .2 86 .3.5, of this Division shall constitute a nonconforming use. (eb) , rr1Vo person shall maintain or operate any dish DBS antenna not fully in conformity with the provisions of Ordinance 4 SA6 Number 2255 as ref ~ed to abe : e after two (2) years from the effective date of the Ordinance Number 2255 e edif i ed :...'w:.. See ." SECTION 4. Effective Date. This ordinance shall take effect thirty -one (31) days after its adoption. SECTION 5. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this ordinance or any part thereof The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional. SECTION 6. The City Clerk shall certify to the adoption of this ordinance and shall cause a copy of the same to be published in the official newspaper of said City within fifteen (15) days after its adoption. 22 Passed, approved and adopted this day of 1 2009. Mayor of the City of Arcadia ATTEST: City Clerk APPROVED AS TO FORM: Stephen P. Deitsch City Attorney 23 Jan 27 09 04:57p MSB ATELIER 626 836 9282 p.l Arcadia Planning Commission City of Arcadia 240 W. Huntington Drive Arcadia, Ca 91006 re: Division S. WIRELESS COMMUNICATION FACILITIES. Honorable. Chairman and members of the Planning Commission At the May 6, 2008 City Council meeting, during a discussion for approval for installations of wireless telecommunication facilities, a summary of issues and items addressed by other nearby cities was presented. It was suggested by councilman Kovacic that Arcadia should examine the Municipal Codes of other cities to see how Arcadia can best address these types of applications. On May 13, 2008 I submitted copies of the Municipal Code section of nearby cities dealing with code requirement for wireless telecommunication facilities. These cities included Beverly Hills, Rancho Palos Verdes, San Marino, Pasadena, and Moorpark. The proposed Division 8, to be incorporated in Arcadia's Municipal Code,1 assume, is the result of the review of these city codes addressing the aforementioned summary of issues and items. Division 8 is quite well done and demonstrates staff's genuine attempt to address those issues and items addressed at the May 6, 2008 City Council meeting. It also demonstrates a genuine effort to protect the residents and property owners of Arcadia by better regulating wireless communication facilities. While Division 8 addressed most of the issues, not all sections were clearly stated and may need slight modification to be more specific or comprehensive. Specifically these sections are 9288.3, 9288.4, and 9288.6.(attached) Modification suggestions are included. I request the Commission allow time for staff to review the suggestions before a final draft is presented to the City Council. Also, of major importance, Division 8 does not address issues and regulations for wireless communication facilities in the Public - rights -of -way and I request the Commission to direct staff to draft a similar Division for the Public - rights -of -way to be submitted to the City Council in the future. As you may know the cities of San Marino and Pasadena only allow the street light standard design with underground facilities for Public - rights -of -way applications. If staff does an equal excellent job as has been done for Division 8, then Arcadia will have an all inclusive code to regulate wireless communication facilities in all areas of the City. Respectfully Submitted, T: Vargas � Gam. Jan 27 09 04:57p MSB ATELIER 626 836 9282 p.'2 Attachment: Division 8. WIRELESS COMMUNICATION FACILITIES 9288.3 Approval Requirements: Item (d): require a new CUP for any changes (as at Orange Grove Park) 9288.4 Application Contents: Item (k): include applicant has considered existing SCE facilities for pole extensions Item (n): reviewed by an independent RF engineer 9288.6 Location and Development Standards Item (b): more specific setbacks in feet from residential properties Item (d): dish antennae should not be allowed where existing telephone lines are accessible Item(i)(2): refer to 9288.4, item(k), consider existing SCE facilities for pole extensions Item(i)(2)(13): if co- location is not feasible this should be reviewed by an independent RF engineer 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 DX, Chapter 2, Part 8 of the Arcadia Municipal Code. Associate Planner Tom U presented the staff report. Mr. Deitsch said that in his letter Mr. Vince Vargas has submitted some thoughtful suggestions; however, many of them are already addressed in the ordinance while some of the suggestions would actually be prohibited by law. Mr. Deitsch reminded the Commission that the law is still somewhat unsettled in regard to how cities can regulate wireless facilities, particularly insofar as aesthetic issues are concerned. He noted that the more restrictions imposed, the less likely the city may be able to successfully defend a challenge against an ordinance. The public hearing was opened. Mr. Vince Vargas briefly reviewed the contents of the letter he submitted to the Commission and said that the issue caused a lot of discussion at the May 6, 2008, City Council meeting. It was suggested that the codes in effect in neighboring cities be reviewed to see how these issues were handled. Mr. Vargas said that on May 13, he submitted the codes of five cities which were used to develop the proposed Text Amendment. He expressed his appreciation for the fact that the Text Amendment demonstrates an . effort to protect residents by enhanced regulation of wireless facilities. He noted that he felt the Text Amendment would be more effective if the wording were more specific and if there was included a requirement for evaluation by an independent communications engineer. He also said he supports regulations for wireless facilities on public rights -of -way. Commissioner Baderian suggested asking the City Attorney and staff to review the correspondence submitted by Mr. Vargas and to return at a future date with recommendations. Mr. Deitsch offered to give a brief response to the points on Mr. Vargas' letter, and suggested that if the Commission wanted a more thorough response, one would be prepared and presented at another meeting. MOTION: It was moved by Commissioner Baderian, seconded by Commissioner Hsu, to close the public hearing. Without objection the public hearing was closed. Commissioner Baderian asked to hear Mr. Deitsch's response to Mr. Vargas' recommendations. Mr. Deitsch said that the first suggestion of a requirement for a new Conditional Use Permit for future collocation at a facility such as Orange Grove Park is forbidden under California Senate Bill 1627 and restricted by Federal and State statutes and the California Public Utilities Commission. Mr. Deitsch said the second suggestion of the requirement for an applicant to show that they considered existing facilities is already covered adequately in the proposed ordinance and he would not recommend a change, and the requirement for independent RF engineers to approve the application is covered by the Telecom Act of 1996, which prohibits regulations that make service more expensive. Since this would be considered an expense item, the regulation could be successfully challenged, legally. The suggestion that the ordinance should be more specific regarding setbacks from residential properties is already defined in the Municipal Code. Item 12 is the same as the suggested requirement for the applicant to consider at least two other locations and has already been addressed. Section 9288.6, I2B, regarding hiring an RF engineer is an expense issue which could result in a potential successful legal challenge. Mr. Deitsch said that in reviewing Mr. Vargas' list, he feels that the ordinance adequately addresses the points raised. However, he offered to give it a more thorough review if the Commission felt it was required. MOTION: It was moved by Commissioner Baderian, seconded by Commissioner Parrille, to recommend approval of Text Amendment 09 -Otto the City Council. ROLL CALL: AYES: Commissioners Baderian, Baerg, Hsu, Parrille and Beranek NOES: None File No.: TA 0901 CITY OF ARCAD /A 240 W. HUNTINGTON DRIVE w. :. ARCADIA, CA 91007 r a �°nlry e[A ° � NEGATIVE DECLARATION Name or description of project: Text Amendment application no. TA 09 -01 2. Project Location: — Werift atreat address and cross streets or attach a map showing prMact site preferably a USGa 15' or 7'b' topographical map MenUgetl 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 Kruckeberg, 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 IT fo ,f ,f5 t for Filing: TIC/I"id'I l� Staff CEDA Negative Declaration (Forth "E') &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 S. 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, El Monte, Sierra Madre, and Irwindale. 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 8 Hazardous Materials [ ] Mineral Resources [ ] Public Services [ ] Utilities/ Service Systems [ ] Agriculture Resources [ ] Air Quality ( ] Cultural Resources [ ] Geology / Soils [ ] Hydrology/ Water Quality [ ] Land Use/ Planning [ ] Noise [ ] Population / Housing [ ] Recreation [ ] Transportation I Traffic [ ] Mandatory Findings of Significance DETERMINATION ( - robe completed by the Lead Agency) On the basis of this initial evaluation: [XJ 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. Ise lox . de Deae x4t 18. 2009 Signature Date Tom Li, Associate Planner For: City of Arcadia Printed Name 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 Measures. 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- 6106 File Nos.: TA 09-01 Potentially Significant Impact — Would the project: a) Have a substantial adverse effect on a scenic vista? ❑ Less Than Significant With Less Than Mitigation Significant No Incorporation Impact Impact ❑ ® ❑ 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? 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? 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? 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 ❑ ❑ ❑ EK Statewide Importance (Farmland) to non - agricultural use? (The Farmland Mapping and Monitoring Program in the California Resources Agency to non - agricultural use? 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 ❑ ❑ ❑ ED Act contract? 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- 4 -03 File Nos.: TA 09 -01 Less Than Potentially Significant With Significant Mitigation Impact Incorporation 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. Less Than Significant No Impact Impact 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? 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? 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)? The South Coast Air Basin (SCAB) is a non - attainment area for„ Ozone (0 Fine Particulate Matter (PM Respirable Particulate Matter (PM and Carbon Monoxide (CO), and is in a maintenance area for Nitrogen Dioxide (NOd. 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 ❑ ❑ ❑ 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 ❑ ❑ ❑ CEQA Checklist -6- 4 -03 File Nos.: TA 09 -01 Less Than Potentially Significant With Significant Mitigation Impact Incorporation people? 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? 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? 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? 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? 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 ❑ ❑ ❑ 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. Conflict with the provisions of an adopted Habitat Conservation ❑ Plan, Natural Conservation Community Plan, or other approved local, regional or state habitat conservation plan? ❑ ❑ CEQA Checklist -7- 4 -03 File Nos.: TA 09-01 Less Than Potentially . Significant With Significant Mitigation Impact 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? 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? 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? 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? 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 5097.96. 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 ❑ ❑ ❑ effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the ❑ ❑ ❑ 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? ❑ ❑ ❑ CEQA Checklist -15- 4 -03 File Nos.: TA 09.01 iii) Seismic- related ground failure, including liquefaction? iv) Landslides? 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? 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 ❑ ❑ ❑ ID become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? The City of Arcadia is located on an alluvial plain that is relatively Bat 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? The subject site consists of alluvial soil that is in the low to moderate range for expansion potential as defined in Table 18 -1- 8 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? 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. 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? 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- 4 -03 Less Than Potentially. Significant With Less Than Significant Mitigation Significant No Impact Incorporation Impact Impact ❑ ❑ ❑ ❑ ❑ ❑ 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? 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 ❑ ❑ ❑ ID become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? The City of Arcadia is located on an alluvial plain that is relatively Bat 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? The subject site consists of alluvial soil that is in the low to moderate range for expansion potential as defined in Table 18 -1- 8 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? 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. 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? 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- 4 -03 File Nos.: TA 09 -01 Less Than Potentially Significant With Significant Mitigation Impact Incorporation involving the release of hazardous materials into the environment? 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? 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? 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? 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 ❑ ❑ ❑ ID project result in a safety hazard for people residing or working in the project area? 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? 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? 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 Less Than Potentially Significant With Significant Mitigation Impact Incorporation 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 (i.e., 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 Less Than Significant No Impact Impact 11 ID 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? 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? 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? 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? ❑ ❑ ❑ 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 all NPDES requirements to ensure protection of groundwater quality. f) Violate any other water quality standards or waste discharge ❑ ❑ ❑ requirements? CEQA Checklist -11- 4 -03 File Nos.: TA 09 -01 Less Than Potentially Significant With Significant Mitigation Impact 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 100 -year flood hazard area, as mapped on ❑ ❑ ❑ a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? 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 100 -year floodplain structures which would impede ❑ ❑ ❑ or redirect flood flows? 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. 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? 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? 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? Any future development proposals would be subject to NPDES requirements to ensure compliance with the water quality standards and waste discharge requirements. 1) 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? 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 File Nos.: TA 0301 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? Any future development proposals would be subject to NPDES requirements to ensure compliance with the water quality standards and waste discharge requirements. o) Discharge stormwater so that significant harm is caused to the ❑ ❑ ❑ biological integrity of waterways or water bodies? 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? 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? ❑ ❑ ■ d 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? ❑ ❑ FEINEF70 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? 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- 4 -03 Less Than Potentially Significant With Less Than Significant Mitigation Significant No Impact Incorporation Impact Impact 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? 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? Any future development proposals would be subject to NPDES requirements to ensure compliance with the water quality standards and waste discharge requirements. o) Discharge stormwater so that significant harm is caused to the ❑ ❑ ❑ biological integrity of waterways or water bodies? 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? 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? ❑ ❑ ■ d 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? ❑ ❑ FEINEF70 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? 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- 4 -03 File Nos.: TA 09 -01 Less Than Potentially Significant With Significant Mitigation Impact Incorporation community conservation plan? 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? There are no known mineral resources in the City that would be of value to the region and the residents of the state. b) 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? 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? 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? 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 ❑ ❑ ❑ ED project vicinity above levels existing without the project? 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? 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 File Nos.: TA 09 -01 Less Than Potentially Significant With Less Than Significant Mitigation Significant No Impact Incorporation Impact Impact 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? The subject site is not located within an airport land use plan or within two miles of a public airport or public use airport. 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)? 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? 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 ❑ ❑ ❑ ED construction of replacement housing elsewhere? 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? ❑ ❑ ❑ IN Police protection? ❑ ❑ ❑ Schools? ❑ ❑ ❑ CEQA Checklist 15- 4 -03 File Nos.: TA 09 -01 Less Than Potentially Significant With Significant Mitigation Impact Incorporation Less Than Significant No Impact Impact Parks? ❑ ❑ ❑ Other public 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 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? 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? 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.. 1s. TRANSPORTATION/TRAFFIC - 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 (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? Arcadia's roadway network is nearly built out, consisting of the Foothill Freeway (1 -210), regional arterial roadways, collectors and local streets. The subject properties are bordered by a Modified One -Way Primary Arterial 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 ❑ ❑ ❑ standard established by the county congestion management agency for designated roads or highways? The Los Angeles County Metropolitan Transportation 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 (V /C 2 0.02), causing LOS F (V /C > 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 (V /C z 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? CEQA Checklist 16- 4 -03 File Nos.: TA OMI Less Than Potentially Significant With Less Than Significant Mitigation Significant No Impact Incorporation 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)? 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? ❑ ❑ ❑ ED 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? ❑ ❑ ❑ 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 ❑ ❑ ❑ IR alternative transportation (e.g., bus turnouts, bicycle racks)? 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 transportation opportunities. 16. UTILITIES AND SERVICE SYSTEMS - Would the project: a) Exceed wastewater treatment requirements of the applicable ❑ ❑ ❑ Regional Water Quality Control Board? 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, (ii) 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 (iii) 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 forth 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? 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- 403 File Nos.: TA 09 -01 Less Than Potentially Significant With Significant Mitigation Impact Incorporation facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Less Than Significant No Impact Impact 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 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, at seq. (SB 610), and the requirements of Government Code Section 664737 (SB221). For the purposes of compliance with Senate Bill 610 and Senate Bill 221, project" A 'project" means any of the following: 1) A proposed residential development of more than 500 dwelling units. ❑ ❑ ❑ the subject proposal does not qualify as a 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 system's 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? 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 File Nos.: TA 09 -01 Less Than Potentially Significant With Significant Mitigation Impact Incorporation Less Than Significant No Impact Impact f) Be served by a landfill with sufficient permitted capacity to ❑ ❑ ❑ accommodate the project's solid waste disposal needs? 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? 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? 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 ❑ ❑ ❑ IR 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)? 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? 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 :1 \hose STAFF REPORT Office of the City Clerk DATE: March 3, 2009 TO: Honorable Mayor and City Council FROM: James Barrows, City Clerk Lisa Mussenden, Chief Deputy City Clerk/Records Manager SUBJECT: Resolution No. 6671 reauestinL the Board of Supervisors of the County of Los Angeles to permit the Registrar/Recorder of said County to render specified services to the City of Arcadia relatinE to the conduct of a Special Municipal Election to be held in said City on Tuesday, June 9, 2009 and on Tuesday, June 9, 2009 and settingother election election requirements as provided by law Recommendation: by law Recommendation: Adopt . . At its meeting on February 17, 2009, the City Council declared an emergency under Proposition 218 and called for the placement of a ballot measure for purposes of updating the telephone /telecommunication provisions of the City's Utility Users Tax Ordinance. The Special Municipal Election will be held on Tuesday, June 9, 2009 and in order to properly and lawfully conduct said election, certain provisions of the California Election Code must be met which are outlined in the attached Resolution. DISCUSSION In order to properly and lawfully conduct said special municipal election, the City will need limited Los Angeles County services to assist the City in conducting its own election. This Resolution requests the Board of Supervisors of the County of Los Angeles to permit the County Registrar/Recorder to make available to the City the names and addresses of all eligible registered voters in the City and to provide signature verification of vote by mail applications and any other assistance RESOLUTION NO. 6671 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO PERMIT THE REGISTRAR/RECORDER OF SAID COUNTY TO RENDER SPECIFIED SERVICES TO THE CITY OF ARCADIA RELATING TO THE CONDUCT OF A SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, JUNE 9, 2009 AND SETTING OTHER ELECTION REQUIREMENTS AS PROVIDED BY LAW WHEREAS, a Special Municipal Election is to be held in the City of Arcadia, California on Tuesday, June 9, 2009; and WHEREAS,, in the course of conduct of said election and in relation thereto, it will be necessary to mail sample ballots and polling place inserts along with other related material to the registered voters of the City which the County of Los Angeles will provide to the City of Arcadia; and WHEREAS, all necessary expenses in performing these services shall be paid by the City of Arcadia; and WHEREAS, the City Clerk is hereby authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. 1 SECTION 3. Pursuant to Elections Code Section 12310, a stipend for services for the persons named as precinct board members is fixed at the sum of $150.00 for each Inspector and $125.00 for each Clerk for the election. This amount includes mandatory training pay. The rental for each polling place, where a charge is made, shall be the sum of $50.00 for the election. When required, the compensation of the Custodian of a building shall be $35.00 for the election. SECTION 4. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 5. Notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. SECTION 6. The ballots to be used at the election shall be in form and content as required by law. SECTION 7. The City Clerk shall certify to the adoption of this Resolution and shall cause notice of the election and other matters relating to the election to be given as required by the Elections Code of the State of California and is directed to file a certified copy of this Resolution with the Board of Supervisors and the County Election Department of the County of Los Angeles. 3 v STAFF REPORT Public Works Services Department DATE: March 3, 2009 TO: Mayor and City Council FROM: Pat Malloy, Public Works Services Director Prepared by: Tom Tait, Deputy Public Works Services Director Dave McVey, General Services Superintendent SUBJECT: AWARD A PURCHASE ORDER TO D3 EQUIPMENT FOR ONE (1) CASE 580 SUPER SERIES BACKHOE IN THE AMOUNT OF $81,990 Recommendation: Approve SUMMARY Staff is recommending that the City Council award a purchase order contract to D3 Equipment for the purchase of one (1) 2009 Case 580 Super Series Backhoe in the amount of $81,990. Funds in the amount of $82,000 have been budgeted for vehicle acquisition in this fiscal year's Utilities Equipment Replacement Budget. DISCUSSION A backhoe is a large piece of heavy equipment used for excavating and lifting or moving heavy objects. The Public Works Services Department Utilities Division uses the backhoe for numerous projects on a weekly basis. The backhoe is used to fix water main breaks, removal and replacement of fire hydrants, clean up debris and mud following the repair of a water main break, and for water valve replacements. One (1) 2009 Case 580 Super Series Backhoe will be purchased to replace one (1) current 1984 Case Backhoe that has high hours and meets the criteria for City Vehicle Replacement schedule for heavy equipment. The total amount to purchase one (1) new Case Backhoe is $81,990. Staff investigated cooperative purchase agreements (also known as "piggy- backing ") with other larger municipalities for vehicles with specifications that are equal to or greater than the City of Arcadia's. The City of Santa Monica Public Works Department, in cooperation with D3 Equipment has authorized the City of Arcadia to receive the same price as their purchase order for the 2009 Case 580 Super Series Backhoe. This benefits the City by allowing the purchase of this heavy equipment at a low competitive price per unit. Page 1 of 2 Mayor and City Council March 3, 2009 Staff has determined that this vendor is a qualified company providing vehicles that meet City specifications and therefore recommends that the City Council award a purchase order contract.to D3 Equipment for the purchase of one (1) 2009 Case 580 Super Series Backhoe in the amount of $81,990. FISCAL IMPACT Funds in the amount of $82,000 have been budgeted in the 2008 -09 Utilities Equipment Replacement Fund to purchase this piece of heavy equipment. RECOMMENDATION 1. Approve the purchase of one (1) 2009 Case 580 Super Series Backhoe in the amount of $81,990 from D3 Equipment. 2. Waive the formal bidding process and authorize a cooperative purchase agreement with D3 Equipment using the City of Santa Monica 2008 purchase order unit price. Approved: a <<P�c � Donald Penman, City Manager PM:TT:DM Page 2 of 2 9 DATE: March 3, 2009 STAFF REPORT Public Works Services Department TO: Mayor and City Council FROM: Pat Malloy, Assistant City Manager /Public Works Services Director Prepared by: Tom Tait, Deputy Public Works Services Director Dave McVey, General Services Superintendent SUBJECT: AWARD A PURCHASE ORDER TO HAAKER EQUIPMENT COMPANY Recommendation: Approve SUMMARY Staff is recommending that the City Council award a purchase order contract to Haaker Equipment Company for the purchase of one (1) 2009 hybrid street sweeper in the amount of $233,023. The street sweeper will be paid for with Air Quality Management District (AQMD) grant money in the amount of $176,000 and from the Equipment Replacement Fund in the amount of $57,023. DISCUSSION One (1) 2009 alternative fuel sweeper will be purchased to replace one (1) 2001 diesel fueled sweeper that meets the City Vehicle Replacement schedule for sweepers. The remaining funds in the Equipment Replacement Budget will be used to equip the new equipment with fueling transmitter packages and contract installation of all emergency and telecommunication equipment. Any new purchases of street sweepers are mandated by AQMD to operate on an alternative fuel source. Due to the age of the diesel engine, the existing sweeper falls under the California Air Resource Board Rule 13 which mandates the installation of a diesel particulate trap on the engine by 2010. The particulate traps are running about $30,000 in retrofitting costs. The new sweeper will not require any modifications since the equipment is a 2009 alternative fuel compliant engine which emits no diesel particulates into the air. The new sweeper will operate on CNG which is an approved AQMD alternative fuel platform. Foothill Transit, located on Peck Road, has agreed to Page 1 of 2 Mayor and City Council March 3, 2009 allow the City's street sweeper to utilize their station for fueling CNG for the vehicle and any future CNG vehicles that City may acquire. Notice of inviting bids were published in the adjudicated paper. Three (3) contractors submitted sealed bids to the City Clerk. The City Clerk publicly opened three (3) bids on February 3, 2009 with the following results. FIRM LOCATION BID AMOUNT Haaker Equipment La Verne CA $233,023 Mar Co Pomona CA $238,040 Kelly Equipment Upland CA $242,141 Staff has reviewed the bid documents for content. It has been concluded that Haaker Equipment Co. is the lowest responsible bidder to provide the purchase of the equipment for the Public Works Services Street Department in the amount of $233,023. FISCAL IMPACT Sufficient funds have been budgeted in the 2008 -09 Equipment Replacement Fund, with 75 percent of the total cost funded by an AQMD Grant. RECOMMENDATION 1. Approve the purchase of one (1) 2009 hybrid street sweeper in the amount of $233,023 from Haaker Equipment Company. 2. Waive any informality in the bid or bidding process. Approved: Z 41+- -� Donald Penman, City Manager PM:TT Page 2 of 2 STAFF REPORT March 3, 2009 Development Services Department TO: Mayor and City Council FROM: Jason Kruckeberg, Development Services Director 3tk By: Jim Kasama, Community Development Administrator Prepared By: Thomas Li, Associate Planner SUBJECT: Approve Final Map SUMMARY Tentative maps and final maps are required for all subdivisions that result in five or more parcels or condominiums. The City Council shall approve a final map if it conforms,to all the requirements of the subdivision regulations of the Municipal Code and the State Subdivision Map Act. It is recommended that the City Council approve Final Map No. 70231 for an 8 -unit residential condominium subdivision at 724 W. Fairview Avenue. The initial environmental evaluation required by the California Environmental Quality Act determined that Tract Map No. 70231 is categorically exempt from further environmental review pursuant to Section 15332 for in -fill development projects, and the Planning Commission affirmed this finding at its regular meeting on February 12, 2008. Final Map No. 70231 has been reviewed by the Los Angeles County Department of Public Works and the appropriate City Departments. Said map has been found to be in substantial compliance with the tentative map, as approved by the Planning Commission on February 12, 2008, and is in compliance with the subdivision regulations of the Municipal Code and the State Subdivision Map Act. RECOMMENDATION The Development Services Department recommends approval of Final Map No. 70231. Attachments: 1. Aerial Photo with Zoning Information 2. Letter of compliance from Los Angeles County 3. Final Map No. 70231 Approved: � p Don Penman, City Manager TM 70231 724 Fairview Avenue COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS 'To Enrich Lives Through Effective and Caring Service" GAIL FARBER, Director January 20, 2009 900 SOUTH FREMONT AVENUE ALHAMBRA, CALIFORNIA 91803 -1331 Telephone: (626) 458 -5100 http: / /dpW.Iacounty.gov ADDRESS ALL CORRESPONDENCE TO: P.O. BOX 1460 ALHAMBRA, CALIFORNIA 91802 -1460 IN REPLY PLEASE REFER TO FILE. LD-2 Mr. Phillip Wray City Engineer City of Arcadia P.O. Box 60021 Arcadia, CA 91006 -6021 Dear Mr. Wray: TRACT NO. 70231 The enclosed subject final map has been reviewed and corrections made by Public Works for mathematical accuracy, survey analysis, title information, and for compliance with the Subdivision Map Act. It is ready for your - examination and certification as to compliance with the conditional approval and applicable City Ordinances. The City Council or Advisory Agency should make the findings required by the State Environmental Quality Act and the Subdivision Map Act. After your approval and the approval of the City Council or Advisory Agency, the final map should be returned to Land Development Division, Subdivision Mapping Section, for filing with the Registrar - Recorder /County Clerk's office. If you have any questions, please contact Mr. Saleh Khalil of our Subdivision Mapping Section at (626) 458 -4915. Very truly yours, GAIL FARBER Director of Public orks DENNIS HUNTER, PLS PE Assistant Deputy Director Land Development Division SK:ca P:\Idpub\SUBMAPIFORMSITRACT-LTR.doc Enc. 1 LOT 7 //� 25,680 SO. FT. T ■ACT N®■ / 0231 IN THE CITY OF ARCADIA COUNTY OF LOS ANGELES, STATE OF CALIFORNIA SHEET 1 OF 3 SHEETS BEING A SUBDIVISION OF LOT 8 OF TRACT NO. 5220, AS PER MAP RECORDED IN BOOK 55, PAGE 2 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID. COUNTY. FOR CONDOMINIUM PURPOSES OWNER'S STATEMENT: SURVEYOR'S STATEMENT: K NOW RAE MAY TIC AM M 0011110 V OR AM 9100112111D M LAM N01OW NNW M OIMINWM OMOM ON TIO MAP TOM A O 1Y v IAR)" l��M�OL m M i11VA11ATCM 11061 TNMNL 116 A 0AJ%IMA IMIW UMITY OWWn n coafflaw RAE w CAINCRMA OCOIn W 100 ANWD li em OPNR 0/d0/M .r A Y TO W ON M M91 N' iK OR IMM iD �0 M PONMM W COC NAM O/AO fllN7OW m M NOM N MMMOIT AND AONONIDM m IN M7 WAMVM DNanW M I�OTImVAOT�AMM1 AND MT BY am SC bwmumlmT THE Caln 1/011 NOW W WIM M FVll W/j ACIM OlW M M berm"m 1 COW ODM POIALTY O POIARY ODM M LAM 01 M TrAE OF CNWHA MT M F=9Q W PMMRNN S TNN NW OCAMOT. WN IS W HAND AND CIIOAL IVL . ,rte � W 1NNI W AN 4 SOM AS 0 MR611 NO. IIDO! A 70M -loom O oi6AL 11601OL RAE OF CALVOW CONY Cr LO 1NI1DY O I 1 1 M N A ��L M POOOIN TWO! WOO) O/AK N61ONW TO M NOWT NVRIMM AM ACD 70 O MAY DM W M VIN N WAAlOVI OI AYIIOI® CIVACITMM AND M7 R WAwVmm N Wl CIF WC 1 A[ PONNKD A01m. COMM M M 1 WIT' NNIOOT PDKW W MAW OIDM M LAM O M RAE O CAIIOOAA MT M PCYNCAW PARAO MI N ME AM CMMOT. NII00 W NANO AND OYmAL VIAL r CONDOMINIUM NOTE: SO mOMOM W APPPM As A WIOCINNM PRONCT FOR O 0111 NOW M ON O M MO O� AN VACS OLL MOD M IRO,gW AC= AND M GMDOI�N MIT SIT IMRTIl06 RIO�R M IDgWRY M NWUOM O11MM IIDEO M OW O I WW COMFY MAY QLTOn N M AYNRIf OF WS Oral MID NN M D[OIIIIK pm{p1�71NBOAIID M W OIL a A�OO O ON ECTO N TA10 W M � OqM M' V TRACT NL 70110 Al FV=M R IAN OS1711YA[R ANIO OF v M R VORPTY I --Ixvr— BASIS OF BEARINGS: `AL= M OTIIODI NOM NOON IIS SAM M M ONMO NNTCYOt OF M COOOUN OF DNAEO A1ONE Ad MOM M MAP Or TRACT N0 6301 160 N NOR I=% PAM O AID 19 OF NAK REOMM OF VD CUM. CITY ENGINEER'S CERTIFICATE: 1 IOQY CMM MT 1 MAW OCA1Np Ml IIAP7 THAT R WIFOON MST COP OW T I & I O W A P OF TWAIN M C a T 0W VM NO / MAY l NM SAMPED IM � iiY � IMA meow man ROOM — LL YWN O 1l/V/mo 1 NMW WIT' THAT ALL NECK ABMNOIO IAN /NOW M MOOD M O M CITY W AWA01A m WNN M IAW 1011007 N M R 1 P R K ON MO N MIL a W BULML NO OM MAY PLANNING COMMISSION CERTIFICATE: IM 0 m WmPY THAT M TWAIN MAP W TRACT Mq Tom NAE APMONO AT A IQEIO 160 ON M UM DAY C/ 1ONARY WOl 1 Im w WMPY Dw TNO NIP NlOAMWILY C01O10 NM M PMUR Y ARROM TWAIN W W - Dn R ARCANA FINANCE DIRECTOR'S CERTIFICATE: 1 OIOY COMFY THAT M 10T mSN® R S OIIOM 01" Or M MMWAL CM MAO OWI PAD m M art O AWAOA, CITY CLERK'S CERTIFICA I MOM NWT' MAY M CITY OORR Or M PIT OF ArRAW OY WrM PAS M APFFOAD M ATOMW W. wirm NGINEER' I He= COOPT IIM71 IIAW IXIID7m 11O YM ND MAY FT WM ALL PNIIOOW 4 RAE LAO AIP{ICANL ATM 1M V IPPWYAL O M TDRATAE i xlI ""ry'14% �W 10711CN MB LY CO N ALL MAW" DmO 011 WE La Am � OWIT AM Down HAVE OWII M C AM A i IMMED UN W IM P= D OF OF VVMCIO IBM Am am O M lulwB W AR ODOTIIK OFFICM N7AR0 OP ORWA PN R M OMIT O LM ANN= RAE OF CAIIONMA R ---Oxw— I LOT 25,680 SO. FT. TRACT NOB 70231 IN THE CITY OF ARCADIA COUNTY OF LOS ANGELES, STATE OF CALIFORNIA BEING A SUBDIVISION OF LOT 8 OF TRACT NO. 5220, AS PER MAP RECORDED IN BOOK 55, PAGE 2 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. FOR CONDOMINIUM PURPOSES K IOImY.. WX TUT K MR M MWA V 00 AK WV V I M M IAIW "== mm M BKNIKM B M TM BAF B/OBI M MWMOIIK BOIOBI MM AO K CH®R ID M FKMIUTM AM MW OF Uv BWM= OBOM FAMMR'LLO. A 04A7INA LKTT LMMM =FM BT SIGNATURE OMISSION NOTES: M FCIICMN MMW= HAW MM MM W M PWAMW W :[FIRM MW O M SUNXV M ACT, AS M MICAM B BM71 MA7 R 1110 A RL TT[ AM ME OMATIK 0 HM KBBID BY M LOCAL ADD= M BM== OF MK Or ABMCA, A GN"NA BNBMO CCIBMATBL AS OMMM N InMW T LM )MIX= MW it W MM BNK A BOBf MR FAK 10 C®B. 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L110 TRACT N®. 70231 IN THE CITY OF ARCADIA COUNTY OF LOS ANGELES, STATE OF CALIFORNIA FOR CONDOMINIUM PURPOSES FAIRVIEW I � I I I W I �I I 1 I �I �I I r�i i�'1Q1 ° u'i v a I I s I I 1 I I I� I I �q C'l I I I I Ammm SHEET 3 OF 3 SHEETS wY{ Y. ww6� ■ Yi�1�W tl ilOw wl4 •4wNwY6 1MN — ti1 �Ilm6Y om1 l w Iw e man I jC w' A l ru� ��OETNL aF LOT 1 �, l E� I I ilMXsoss j I 91 a � Nm ro awc � l I I l I' NOT A PART OF I NOT A PART l THIS SUBDIVISION I OF THIS I lu lmvr%Wm= SUBDIVISION r rI �om l I I w�°wo rr l I I l 1 wmv I l I I u+sruml �I l I �e w°'n. mr m w usv r rrm ms °°° im nm l wwon rr uss r l DETAIL I I OF LOT 1 I I rg_l� I I A V M S 1 mrvOYww � �' 1 1 A ■m I I I am l Z `! ift \\ � 1 IIR I& NOT A PART dl ,y l la 8lNd r I OF THIS I i m lidw DETAIL *C" �I I SUBDIVISION l f @ j I wo7 m scut i I rwr s m a rt mi — — VENUE �wlwees ARCADIA er YYrwIwM �ao�4 � � �raE AVENUE r rx uwlnrt a eww v wpG tq nw1C un011f norms M ®rCNww w cool 006 nY[ ne v 1Yni C &U UMW v W Mm Mw M L MIm M nw6 UWM PJPM M CM IM N 1001 Iwo rr1 wS v amu WMM f me EMM v ="MW wrw WPM M nrw MM MFMM m ra w= awn Fm m v o rmm. r ws frOwlc w mnllm uuw.Y m cavity M nww mm Pip= FIR m W. w on Ma 1/w ]11 V WrIm roam STAFF REPORT Public Works Services Department DATE: March 3, 2009 TO: Mayor and City Council FROM: Pat Malloy, Assistant City Manager /Public Works Services Director Prepared by: Tom Tait, Deputy Public Works Services Director SUBJECT: Recommendation: Approve SUMMARY On February 19, 2008 the City Council awarded a one (1) year contract to Curbside Inc. for residential collection of household hazardous waste. Curbside Inc. is reaching the end of their contract and has submitted written offer to extend the existing contract for one (1) additional year. Staff has worked with the Curbside Inc. to lower the contract by $10,000 and all other conditions of the Agreement are to remain in effect. Based on the excellent service provided by Curbside Inc. during the first year of this program, staff recommends that the City Council award a one (1) year contract extension in the amount of $20,000 to Curbside Inc. for residential collection of household hazardous waste. DISCUSSION For the protection of Arcadia's environment and the health of its inhabitants, it is important to provide alternatives to the illegal disposal of household hazardous waste (HHW) and universal waste. As more laws ban certain HHW from the landfills, it has become the obligation of the City to provide a service that will assist residents in recycling and diverting HHW from the waste stream. Page 1 of 2 Mayor and City Council March 3, 2009 The purpose for this program is to provide residents a convenient method to dispose of their HHW throughout the year. This program supplements the current LA County HHW Roundups that are held once a year in Arcadia at the Race Track and surrounding cities. Residents are provided a toll free number where they can schedule an appointment for pick -up directly with the contractor. The program, with the phone number, has been advertised in the City's Newsletter, website, Hotsheet, and the Waste Management publication entitled "One Person's Trash ". Each resident must have a minimum of four (4) gallons of HHW and is allowed up to three (3) pick -ups per year. In addition, residents continue to be able to properly dispose of E -waste by calling Waste Management for a free bulky item pick -up, or include their E -waste with a HHW pick -up. As usage of the program continues to increase, Arcadia continues to comply with state mandates that ban HHW from landfills. In light of the current budget shortfall, staff has worked with Curbside Inc. to reduce the contract by $10,000. There will be 100 less homes that will be serviced, but staff will provide other avenues for proper disposal of HHW by directing residents to the LA County Roundups_ and by encouraging the mail -it -back programs for sharps and batteries. Based on the excellent service provided by Curbside Inc. during the second year of this program, staff recommends that the City Council award a one (1) year contract extension in the amount of $20,000 to Curbside Inc. for residential collection of household hazardous waste. FISCAL IMPACT Funds are budgeted for this program in the 2008 -09 Solid Waste Fund and the Used Oil Block Grant. RECOMMENDATION 1. Award a one (1) year contract extension to Curbside Inc. for residential collection of household hazardous waste in the amount of $20,000. 2. Authorize the City Manager and City Clerk to execute contracts in a form approved by the City Attorney. Approved: Donald Penman, City Manager PM:TT Page 2 of 2 Office of the City Manager DATE: March 3, 2009 TO: Honorable Mayor and City Council FROM: Stephen P. Deitsch, City Attorney P. Prepared by: Lisa Mussenden, Chief Deputy City Clerk/ Records Manager SUBJECT: REQUEST FOR APPROVAL OF A LICENSE AGREEMENT FOR ELEVEN (11) PARKING SPACES BY METHODIST HOSPITAL OF SOUTHERN CALIFORNIA Recommended Action: Approve BACKGROUND Last year, the City Council approved tax- exempt bond financing to be issued by the California Statewide Community Development Authority to benefit Methodist Hospital of Southern California ( "Hospital ") in the amount of $330,000,000 to upgrade existing medical facilities as well as construct a new North Tower. DISCUSSION A recent survey conducted for Methodist Hospital as part of the financing process revealed that eleven (11) spaces in the Methodist Hospital parking lot, adjacent to Huntington Drive East which is closest to the corner of Huntington Drive East and Centennial Way, lie immediately outside of the boundary of the leased premises subject to the existing Agreement and Lease between the City of Arcadia and Methodist Hospital of Southern California. In other words, the eleven (11) parking spaces are on City property not leased by the Hospital. The eleven (11) parking spaces are on property that would be used for a left turn pocket if and when the Caruso Project or perhaps some other project is undertaken. Accordingly, Methodist Hospital has requested 1 that the City of Arcadia enter into a license agreement granting Methodist Hospital the right to use those parking spaces until such time they are needed for the left turn pocket. FISCAL IMPACT There would be no fiscal impact related to this proposed action. RECOMMENDATION That the City Council authorize the City Manager to execute a License Agreement granting Methodist Hospital the right to use eleven (11) parking spaces which lie immediately outside the boundary of the property leased by the City to Methodist Hospital. APPROVED: Donald Penman City Manager z Item 3.a. Report, discussion and direction regarding Fireworks Show and Parade in Downtown Arcadia There is no staff report for this item. Staff will make a presentation at the City Council Meeting.