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HomeMy WebLinkAbout10-12-21 PC Agenda PacketCITY OF ARCADIA Arcadia Business Permit and License Review Board Special Meeting Agenda and Planning Commission Regular Meeting Agenda Tuesday, October 12, 2021, 7:00 p.m. Location: City Council Chambers, 240 W. Huntington Drive, Arcadia 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 Planning Services at (626) 574-5423. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to the meeting. 根据《美国残障人法案》的规定，需要提供残障相关调整或便利设施才能参加会议的残障人士（包括辅助器材或服务），可向规划服务部 请求获得此类调整或便利设施，电话号码 (626) 574-5423。请在会前 48 小时通知规划服务部，以便作出合理安排，确保顺利参加会议。 Pursuant to the City of Arcadia’s Language Access Services Policy, limited-English proficient speakers who require translation services in order to participate in a meeting may request the use of a volunteer or professional translator by contacting the City Clerk’s Office at (626) 574-5455 at least 72 hours prior to the meeting. 根据阿凯迪亚市的语言便利服务政策，英语能力有限并需要翻译服务才能参加会议的人可与市书记官办公室联系（电话：626-574-5455 ），请求提供志愿或专业翻译服务，请至少在会前 72 小时提出请求。 BUSINESS PERMIT AND LICENSE REVIEW BOARD CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL Marilynne Wilander, Chair Zi Lin, Vice Chair Kenneth Chan, Board Member Brad Thompson, Board Member Vincent Tsoi, Board Member 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 Board, staff, or the public request that specific items be removed from the Consent Calendar for separate discussion and action. 1. Minutes of the September 28, 2021 Special Meeting of the Business Permit and License Review Board Recommendation: Approve ADJOURNMENT The Business License and Review Board will adjourn this meeting to the Planning Commission Regular Meeting. PLANNING COMMISSION REGULAR MEETING AGENDA CALL TO ORDER ROLL CALL Marilynne Wilander, Chair Zi Lin, Vice Chair Kenneth Chan, Commissioner Brad Thompson, Commissioner Vincent Tsoi, Commissioner SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS PUBLIC COMMENTS (5 minute time limit per person) Each speaker is limited to five (5) minutes per person, unless waived by the Planning Commission. Under the Brown Act, the Commission or Board Members are prohibited from discussing or taking action on any item not listed on the posted agenda. PUBLIC HEARING All interested persons are invited to appear at a public hearing and to provide evidence or testimony concerning any of the proposed items set forth below for consideration. Separate and apart from the applicant (who may speak longer in the discretion of the Commission) speakers shall be limited to five (5) minutes per person. The applicant may additionally submit rebuttal comments, at the discretion of the Commission. You are hereby advised that should you desire to legally challenge in court or in an administrative proceeding any action taken by the City Council regarding any public hearing item, you may be limited to raising only those issues and objections you or someone else raised at the public hearing or in written correspondence delivered to the City Council at, or prior to, the public hearing. 1. Resolution No. 2083 – Approving Conditional Use Permit No. CUP 21-03 with a Categorical Exemption under the California Environmental Quality Act (CEQA) for a new speakeasy-style bar and lounge and a nail salon at the front portion of the unit at 144 E. Huntington Drive Recommendation: Adopt Resolution No. 2083 Applicant: Scott Chen of Urban Cowboys, LLC. There is a ten day appeal period after the adoption of the Resolution. If adopted, appeals are to be filed by 5:30 p.m. on Monday, October 25, 2021. 2. Resolution No. 2082 – Approving Multiple Family Architectural Design Review No. MFADR 20-03 and Tentative Parcel Map No. TPM 20-04 (83206) with a Categorical Exemption under the California Environmental Quality Act (CEQA) for a four-unit multi-family residential condominium development at 43 Genoa Street Recommendation: Adopt Resolution No. 2082 Applicant: Thomas Li of Prestige Design, Planning and Development, Inc. There is a ten day appeal period after the adoption of the Resolution. If adopted, appeals are to be filed by 5:30 p.m. on Monday, October 25, 2021. 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 Commission, staff, or the public request that specific items be removed from the Consent Calendar for separate discussion and action. 3. Minutes of the September 14, 2021 Regular Meeting of the Planning Commission Recommendation: Approve MATTERS FROM CITY COUNCIL LIASION MATTERS FROM PLANNING COMMISSIONERS MATTERS FROM ASSISTANT CITY ATTORNEY MATTERS FROM STAFF INCLUDING UPCOMING AGENDA ITEMS DATE: October 12, 2021 TO: Honorable Chair and Planning Commission FROM: Lisa L. Flores, Planning & Community Development Administrator By: Edwin Arreola, Assistant Planner SUBJECT: RESOLUTION NO. 2083 – APPROVING CONDITIONAL USE PERMIT NO. CUP 21-03 WITH A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR A NEW SPEAKEASY-STYLE BAR AND LOUNGE AND A NAIL SALON AT THE FRONT PORTION OF THE UNIT AT 144 E. HUNTINGTON DRIVE Recommendation: Adopt Resolution No. 2083 SUMMARY The Applicant and business owner, Scott Chen c/o Urban Cowboys LLC, is requesting approval of Conditional Use Permit Application No. CUP 21-03 to operate a new speakeasy-style bar and lounge with a nail salon at the front portion of the unit to hide the bar (d.b.a. Pretty Little Things) that will also serve a business during the day at 144 E. Huntington Drive. It is recommended that the Planning Commission adopt Resolution No. 2083 (Attachment No. 1) and find that the project is Categorically Exempt under CEQA and approve CUP 21-03, subject to the conditions listed in this staff report. BACKGROUND The subject property is located in Downtown Arcadia on a 6,579 square foot lot developed with a single-story building that consists of two separate commercial units (see Figure 1). The property is located on the south side of E. Huntington Drive, between 1st Avenue and 2nd Avenue, and has access from either Huntington Drive or an alley way at the rear of the subject property. There are two parking spaces located at the rear of the property. The unit is located on the east side of the property and is approximately 3,375 square feet. The unit has been vacant since July of 2019 and was formerly occupied by Helen’s Cycles for 19 years prior to closing. The other unit is currently occupied by a tobacco store. 4 Resolution No. 2083 - CUP 21-03 144 E. Huntington Drive October 12, 2021 Page 2 of 13 The property is zoned CBD, Central Business District with a General Plan Land Use Designation of Commercial—refer to Attachment No. 2 for an Aerial Photo with Zoning Information and Photos of the subject property. The property is also within the Downtown Parking Overlay Zone. The site is surrounded by commercial uses to the north, east, and west, and multi-family residential to the south. The Applicant currently operates The Rabbit Hole, which is a bar and lounge in the Downtown area of the City of Alhambra at 24 W. Main Street. The Rabbit Hole is similar to the proposed bar in that it is an upscale speakeasy-style bar and lounge and gives customers a thematic experience based on Alice in Wonderland. The front area of that business serves as the lounge area and the bar is hidden at the rear of the unit behind bookshelves that swing open. The location has been in operation since August 2012. E. Huntington Dr. Figure 1 - Aerial of subject site 5 Resolution No. 2083 - CUP 21-03 144 E. Huntington Drive October 12, 2021 Page 3 of 13 PROPOSAL The Applicant proposes a speakeasy-style bar and lounge with a nail salon to hide the bar, which will also serve as a business during the day. A speakeasy-style bar is a hidden bar that is thriving again since the prohibition of alcohol in the 1930’s and under this proposal, the speakeasy bar will only have access through a door from the nail salon. The seating arrangement will consist of low and high table seating, booths, and bar seating. The bar will have 13 bar stools and an ADA accessible seat area (see Figure 2). The unit will have two public restrooms within the bar area and one restroom for the nail salon. The proposed bar and lounge will have a kitchen area for prepping snacks such as cheese plates, dried meats, fries, and popcorn to compliment the craft drinks but will not offer any meals that will require to be fully cooked on site. The Applicant is proposing to have a full service bar that will offer beer, wine, and distilled spirits for on-site consumption under a Type 48 (On-Sale General – Public Premises) license from the California Department of Alcoholic Beverage Control (ABC). No one under the age of 21 would be permitted into the bar per the Type 48 license. The Applicant also proposes to have live entertainment/music which would consist of either a band, DJ, comedians, or magicians that would set up in the front portion of the bar. The request will be handled through a Live Entertainment Permit from the City’s Business License Division. Additional conditions will be placed on this entertainment permit to ensure the noise will not create any potential impact to the neighboring properties. As for the nail salon, it will have up to four spa chairs and a couple of tables for manicure and pedicure services, and it will only occupy 609 square feet of the 3,375 square foot unit, as shown in the figure above. The remaining area at the rear will be for the bar. The nail salon business hours will be from 11:00 a.m. to 5:00 p.m., daily, while the speakeasy bar hours will be from 5:30 p.m. to 2:00 a.m., Tuesday through Sunday. There will not be any overlap, however upon closing, employees would securely put away materials for the nail salon and that area will be turned into the host area for the speakeasy bar where they will be let into the bar through a doorway at the rear of the nail salon portion of the business. The speakeasy bar will have a feminine theme that will tie in with the nail salon and will provide craft cocktails in an upscale setting. Figure 2 – Floor Plan 6 Resolution No. 2083 - CUP 21-03 144 E. Huntington Drive October 12, 2021 Page 4 of 13 The Applicant plans to have up to two employees at any given time for the nail salon and ten employees for the speakeasy bar which will consist of bartenders, bussers, servers, security, and a manager. The project site will require some tenant improvements to accommodate the use, such as the installation of new restrooms, kitchen area, office, storage area, bar and booths. Exterior alterations to the existing building are not proposed. Façade improvements to the exterior of the building will be handled under a separate Design Review and installation of signage and will be handled under a separate Sign Design Review application, as noted in the conditions of approval. ANALYSIS A bar and lounge use in the Central Business District (CBD) zone is subject to a Conditional Use Permit (CUP). The Applicant is requesting a CUP for a full-service speakeasy bar that will serve beer, wine, and distilled spirits which requires a Type 48 (On-Sale General – Public Premises) license from the California Department of Alcoholic Beverage Control (ABC), and a small nail salon to hide the bar. The purpose of the CUP is to ensure that the proposed speakeasy bar is an appropriate use with the surrounding uses and within this commercial development. The proposed business location is within a unit of an existing single-story commercial building located in the Downtown area (see Figure 3). The primary goal of the CBD zone is to promote a strong pedestrian-oriented environment and foster commercial activity that will attract visitors. The vision for the CBD zone was instilled with consideration of restaurants and bars, and to achieve a balance between maintaining quality of life for downtown residents, and the objective of having a vibrant downtown. The speakeasy bar and nail salon would be a desirable use in this location as it will add vitality and increased activity to the Downtown area. The business would serve both neighborhood and citywide patrons, and as a destination since it offers a unique experience. This type of use could also encourage other complementary uses such as restaurants and entertainment uses to open nearby, which would help to achieve the goals and objectives in the General Plan for Downtown. Currently, there are three other existing bars on Huntington Drive in Downtown Arcadia. The proposed closing time for the speakeasy bar is the same closing time for the existing bars. Alcohol sales will be limited to the bar’s hours of operation and ABC regulations and, for safety measures, the Applicant will have door and security staff monitoring guests during all hours of operation and will install a surveillance camera system. A condition of approval addressing noise attenuation has been included in this staff report, which would require all doors to remain closed during business hours so that noise from inside the unit shall not be highly audible outside of the bar. Additionally, a condition of approval has been included requiring guests to enter and exit through the front door only to keep all pedestrian activity away from the multi-family residences within proximity to the rear of the subject unit. Additionally, the nail salon will act as an additional buffer to any noise coming from the bar. The live entertainment and live music will be reviewed on a case- 7 Resolution No. 2083 - CUP 21-03 144 E. Huntington Drive October 12, 2021 Page 5 of 13 by-case basis through an Entertainment Permit from the Business License Division. The Applicant does not intend to operate the proposed speakeasy bar with a nightclub atmosphere but more so as a specialty drinking establishment for patrons who appreciate craft cocktails. In terms of parking, the property is located within the Downtown Parking Overlay Zone which does not require additional parking for a change in use but adequate street parking and public parking on City lots are available in the Downtown area. In terms of on-street parking, two hour parking is available from 9:00 a.m. to 6:00 p.m. on Huntington Drive and not restricted after 6:00 p.m. The City’s public parking lots are located at the rear of the properties along the north side of Huntington Drive and offer parking ranging from two hour parking from 8:00 am to 6:00 p.m. to all day parking. Street parking and public parking is not permitted from 2:30 a.m. to 5:30 a.m. Public parking within the vicinity for the speakeasy bar should be available during the proposed business hours as most retail and office uses in the Downtown area would be closed during this time. Furthermore, as a bar and lounge, the business expects to attract customers through ride share services such as Uber/Lyft as opposed to driving and also hopes to attract some customers via the Metro Gold Line since the subject property is within proximity of the Gold Line station. Therefore, this business may not have as high of a demand for parking. With regards to public safety issues, the Fire Department, Police Department, and Building Services have reviewed the CUP application and no concerns were raised by any of the departments for the proposed use. Staff reached out to the City of Alhambra Police Department for any issues with the Applicant’s current business in Alhambra. Alhambra Police reported that there have been no major issues with the Applicant’s current business in the City of Alhambra since their opening in 2012. Furthermore, the Applicant has provided the City with a letter of recommendation form the Alhambra Police Department for the proposed business (Attachment No. 4). FINDINGS Figure 3 – Project Site 8 Resolution No. 2083 - CUP 21-03 144 E. Huntington Drive October 12, 2021 Page 6 of 13 Section 9107.09.050 of the Arcadia Municipal Code requires that for a Conditional Use Permit to be granted, it must be found that all of the following prerequisite conditions can be satisfied: 1. The proposed use is consistent with the General Plan and any applicable specific plan. Facts to Support This Finding: Approval of the speakeasy bar and nail salon is consistent with the Commercial Land Use Designation of the site and the Downtown Mixed Use that is to the north of this area, and it will not adversely impact the goals and policies of the General Plan. The Commercial designation within the Downtown area is intended to provide opportunities for a wide range of complementary commercial uses, including drinking establishments, entertainment uses, and personal services, which serve both neighborhood and citywide markets. The proposed use will provide the general public with an active and a unique experience that will help bring vitality to the Downtown area. Therefore, the Project is consistent with General Plan and the following policies: Land Use and Community Design Element x Policy LU-1.2: Promote new uses of land that provide diverse economic, social, and cultural opportunities, and that reinforce the characteristics that make Arcadia a desirable place to live. x Policy LU-6.7: Encourage a balanced distribution of commercial development throughout the City, ensuring that neighborhoods and districts have adequate access to local-serving commercial uses. x Policy LU-10.4: Establish commercial uses that complement the vision of the Downtown core with opportunities for more intense, quality development at key intersections that are unique from the regional offerings at the regional mall. 2. The proposed use is allowed within the applicable zone, subject to the granting of a Conditional Use Permit, and complies with all other applicable provisions of the Development Code and the Municipal Code. Facts to Support This Finding: The zoning of the site is CBD, Central Business District. Arcadia Development Code Section 9102.05.020, Table 2-10, allows bars and lounges in the CBD zone with an approved Conditional Use Permit and a nail salon as a permitted by-right use. The proposed use is in compliance with all applicable development standards and land use regulations of the CBD zone, meets the parking requirements since the site is located within the City’s Downtown Parking Overlay, which does not require additional parking for a change in use, and it will not change the characteristics of the Downtown area. 3. The design, location, size, and operating characteristics of the proposed activity will be compatible with the existing and future land uses in the vicinity. 9 Resolution No. 2083 - CUP 21-03 144 E. Huntington Drive October 12, 2021 Page 7 of 13 Facts to Support This Finding: The speakeasy bar and nail salon will be located within an existing 3,375 square foot commercial unit on Huntington Drive in Downtown Arcadia. The proposed use would fill a vacancy in the existing commercial building and help activate this portion of the Downtown area, while providing a conveniently located commercial use to the residents and visitors to the City of Arcadia. The proposed nail salon will operate from 11:00 a.m. to 5:00 p.m. and the speakeasy bar will operate from 5:30 p.m. to 2:00 a.m. For safety measures, the Applicant will have security monitoring guests during hours of operation for the speakeasy bar and will install a surveillance camera system. Noise is proposed to be contained through a condition of approval requiring all exterior doors to remain closed during business hours and a condition of approval requiring guests to enter and exit through the front of the business is being proposed to keep all pedestrian activity away from the multi- family residences within proximity to the rear of the subject unit. The live entertainment/music will be reviewed through an Entertainment Permit from the Business License Division. The Applicant does not intend to operate the proposed use with a nightclub atmosphere but more so as a specialty drinking establishment for patrons who appreciate craft cocktails. Additionally, the CBD zone was created with the consideration of uses such as restaurants, bars, and nail salons. With appropriate conditions of approval, the proposed use can be operated in a manner that achieves a balance between maintaining quality of life for downtown businesses and residents, and the objective of having a vibrant downtown. Therefore, the Project is compatible with the existing and future land uses in the vicinity. 4. The site is physically suitable in terms of: a. Its design, location, shape, size, and operating characteristics of the proposed use in order to accommodate the use, and all fences, landscaping, loading, parking, spaces, walls, yards, and other features required to adjust the use with the land and uses in the neighborhood; Facts to Support This Finding: The site is physically suitable for the proposed use because the business will occupy a commercial unit within an existing building. The site does not require additional parking for a change in use but adequate street parking and public parking on City lots are available in the Downtown area. Furthermore, the speakeasy bar expects to attract customers through ride share services such as Uber/Lyft as opposed to driving and also hopes to attract some customers through the Metro Gold Line. Additionally, most retail and office uses in the vicinity are closed during the proposed business hours of the speakeasy bar which would lessen the demand for parking in the area. No additional exterior construction is being proposed for occupation of this site. 10 Resolution No. 2083 - CUP 21-03 144 E. Huntington Drive October 12, 2021 Page 8 of 13 b. Streets and highways adequate in width and pavement type to accommodate public and emergency vehicle (e.g., fire and medical) access. Facts to Support This Finding: The property is located on the south side of E. Huntington Drive and has access from Huntington Drive and an alley way at the rear of the property. Huntington Drive is adequate in width and pavement type to carry the traffic generated by the proposed use and emergency vehicles. Therefore, the Project will not impact these rights-of-way. c. Public protection services (e.g., fire protection, police protection, etc.). Facts to Support This Finding: The proposed use has been reviewed by the Arcadia Fire and Police Departments and no safety concerns were raised. As a safety measure, the Applicant will be installing surveillance cameras and will have security on site during business hours. d. The provision of utilities (e.g., potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.). Facts to Support This Finding: The subject property is developed with an existing commercial building. There are adequate utilities to service this site and business, specifically the new restrooms that will be added to the subject unit will not impact the existing infrastructure as the site is capable of handling this type of demand. Therefore, no impacts to the provision of utilities are anticipated. 5. The measure of site suitability shall be required to ensure that the type, density, and intensity of use being proposed will not adversely affect the public convenience, health, interest, safety, or general welfare, constitute a nuisance, or be materially injurious to the improvements, persons, property, or uses in the vicinity and zone in which the property is located. Facts to Support This Finding: The Project will serve a “public convenience and necessity” and is in accordance with the City’s policies to attract new businesses to enhance the economic base of Downtown Arcadia. The Project will also be required to comply with the California Department of Alcoholic Beverage Control (“ABC”) regulations. The Arcadia Police and Fire Departments have reviewed the application and did not have any concerns. Conditions of approval regarding noise attenuation and required periodic inspections to assess any adverse impacts have been included to mitigate any potential negative impacts resulting from the business operations. Therefore, the proposed use will not adversely affect the public convenience, health, interest, safety, or general welfare of adjacent uses in the vicinity and zone of the subject property. The proposed use will not be materially detrimental to the use of the property or other properties within the 11 Resolution No. 2083 - CUP 21-03 144 E. Huntington Drive October 12, 2021 Page 9 of 13 vicinity since the development standards will be met, noise will be contained, and adequate public parking is available. ENVIRONMENTAL ANALYSIS It has been determined that the project qualifies as a Class 1 Categorical Exemption per the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines for the use of an existing facility (refer to Attachment No. 4). PUBLIC NOTICE Public hearing notices for this item were mailed to the owners of those properties that are located within 300 feet of the subject property and published in the Arcadia Weekly on September 30, 2021. As of October 7, 2021, staff has not received any comments or concerns from the public. RECOMMENDATION It is recommended that the Planning Commission adopt Resolution No. 2083 and find that this project is Categorically Exempt under the California Environmental Quality Act (CEQA), and approve Conditional Use Permit No. CUP 21-03 subject to the following conditions of approval: 1. The use approved by CUP 21-03 is limited to a speakeasy-style bar and lounge and a nail salon within an existing 3,375 square foot commercial unit. The business shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 21-03, and shall be subject to periodic inspections, after which the provisions of this Conditional Use Permit may be adjusted by the Planning & Community Development Administrator, or designee, after due notice to address any adverse impacts to the neighboring businesses and properties. The use shall be operated only as a speakeasy bar and nail salon and shall not be operated solely as a bar and lounge. This approval is only for a speak-easy style bar, and not a stand-alone bar. Any changes in use for the nail salon portion of the business that hides the speakeasy bar shall be subject to the discretion of the Planning & Community Development Administrator. 2. Alcoholic beverage service shall be limited to beer, wine, and distilled spirits (ABC Type 48 License) and shall only be served during the approved hours of operation for the speakeasy bar. No sales, service, and on-site consumption of beer and wine is permitted outside of interior walls of this unit. 3. The business hours for the speakeasy bar shall fall between 5:30 p.m. and 2:00 a.m., daily. The business hours for the nail salon portion of the business shall not overlap the business hours for the speakeasy bar. No customers shall be allowed 12 Resolution No. 2083 - CUP 21-03 144 E. Huntington Drive October 12, 2021 Page 10 of 13 within the bar and lounge area outside of the business hours for the speakeasy bar. 4. Any live entertainment/music shall be subject to an Entertainment Permit from the Business License Division, and it may be subject to additional conditions of approval that limit the hours and time to ensure it does not create any potential impacts to the neighboring properties. 5. No exterior changes to the existing building are permitted with this approval. Any improvements to the exterior of the building shall be subject to the City’s Design Review Permit. Any new exterior signs shall be subject to the City’s Sign Design Review Permit. 6. Surveillance cameras shall be provided on-site. The location and number of cameras shall be subject to review by the Police Chief or designee prior to issuance of a Certificate of Occupancy from the Building Division. 7. All doors shall remain closed during business hours. Any ambient music inside the business shall not be audible outside of the bar and lounge. 8. All customers shall enter and exit the business through the front door. The rear door shall only be used as an emergency exit. There shall be no excessive loitering in front of the business. 9. The plans submitted for Building plan check shall comply with the latest adopted edition of the following codes as applicable: a. California Building Code b. California Electrical Code c. California Mechanical Code d. California Plumbing Code e. California Energy Code f. California Fire Code g. California Green Building Standards Code h. California Existing Building Code i. Arcadia Municipal Code 10. A fire sprinkler system and fire alarm monitoring system shall be required. 11. All exit doors shall swing in the direction of travel and be equipped with panic hardware. Illuminated exit signage and emergency lighting shall be provided. 12. A knox box shall be provided adjacent to the front entrance. 13. The Property Owner/Applicant shall comply with all City requirements regarding building safety, fire prevention, detection, suppression, emergency access, public 13 Resolution No. 2083 - CUP 21-03 144 E. Huntington Drive October 12, 2021 Page 11 of 13 right-of-way improvements, parking, water supply and water facilities, sewer facilities, trash reduction and recycling requirements, and National Pollutant Discharge Elimination System (NPDES) measures to the satisfaction of the Building Official, Fire Marshal, Public Works Services Director, and Planning & Community Development Administrator, or their respective designees. Compliance with these requirements is to be determined by having fully detailed construction plans submitted for plan check review and approval by the foregoing City officials and employees. 14. Noncompliance with the plans, provisions and conditions of approval for CUP 21- 03 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the business. 15. To the maximum extent permitted by law, Applicant must defend, indemnify, and hold City, any departments, agencies, divisions, boards, and/or commissions of the City, and its elected officials, officers, contractors serving as City officials, agents, employees, and attorneys of the City (“Indemnitees”) harmless from liability for damages and/or claims, actions, or proceedings for damages for personal injuries, including death, and claims for property damage, and with respect to all other actions and liabilities for damages caused or alleged to have been caused by reason of the Applicant’s activities in connection with CUP 21- 03 on the Project site, and which may arise from the direct or indirect operations of the Applicant or those of the Applicant’s contractors, agents, tenants, employees or any other persons acting on Applicant’s behalf, which relate to the development and/or construction of the Project. This indemnity provision applies to all damages and claims, actions, or proceedings for damages, as described above, regardless of whether the City prepared, supplied, or approved the plans, specifications, or other documents for the Project. In the event of any legal action challenging the validity, applicability, or interpretation of any provision of this approval, or any other supporting document relating to the Project, the City will promptly notify the Applicant of the claim, action, or proceedings and will fully cooperate in the defense of the matter. Once notified, the Applicant must indemnify, defend and hold harmless the Indemnitees, and each of them, with respect to all liability, costs and expenses incurred by, and/or awarded against, the City or any of the Indemnitees in relation to such action. Within 15 days’ notice from the City of any such action, Applicant shall provide to City a cash deposit to cover legal fees, costs, and expenses incurred by City in connection with defense of any legal action in an initial amount to be reasonably determined by the City Attorney. City may draw funds from the deposit for such fees, costs, and expenses. Within 5 business days of each and every notice from City that the deposit has fallen below the initial amount, Applicant shall replenish the deposit each and every time in order for City’s legal team to continue working on the matter. City shall only refund to Developer any unexpended funds from the deposit within 30 days of: (i) a final, non-appealable decision by a court of competent jurisdiction resolving the legal action; or (ii) full 14 Resolution No. 2083 - CUP 21-03 144 E. Huntington Drive October 12, 2021 Page 12 of 13 and complete settlement of legal action. The City shall have the right to select legal counsel of its choice that the Applicant reasonably approves. The parties hereby agree to cooperate in defending such action. The City will not voluntarily assist in any such third-party challenge(s) or take any position adverse to the Applicant in connection with such third-party challenge(s). In consideration for approval of the Project, this condition shall remain in effect if the entitlement(s) related to this Project is rescinded or revoked, whether or not at the request of the Applicant. 16. Approval of CUP 21-03 shall not be of effect unless on or before 30 calendar days after Planning Commission adoption of the Resolution, the property owner and Applicant have executed and filed with the Planning & Community Development Administrator or designee an Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. PLANNING COMMISSION ACTION Approval If the Planning Commission intends to approve this proposal, the Commission should pass a motion to approve Conditional Use Permit No. CUP 21-03, stating that the proposal satisfies the requisite findings, and adopt the attached Resolution No. 2083 that incorporates the requisite environmental and Conditional Use Permit findings and the conditions of approval as presented in this staff report, or as modified by the Commission. Denial If the Planning Commission intends to deny this proposal, the Commission should pass a motion to deny Conditional Use Permit Application No. CUP 21-03; state the finding(s) that the proposal does not satisfy with reasons based on the record, and direct staff to prepare a resolution for adoption at the next meeting that incorporates the Commission’s decision and specific findings. If any Planning Commissioner, or other interested party has any questions or comments regarding this matter prior to the October 12, 2021, hearing, please contact Assistant Planner, Edwin Arreola, at (626) 821-4334, or earreola@ArcadiaCA.gov. Approved: Lisa L. Flores Planning & Community Development Administrator Attachment No. 1: Resolution No. 2083 15 Resolution No. 2083 - CUP 21-03 144 E. Huntington Drive October 12, 2021 Page 13 of 13 Attachment No. 2: Aerial Photo with Zoning Information & Photos of the Subject Property Attachment No. 3: Architectural Plans Attachment No. 4: Letter of Recommendation – Alhambra Police Department Attachment No. 5: Preliminary Exemption Assessment 16 Attachment No. 1 Attachment No. 1 Resolution No. 20 17 18 19 20 21 22 23 24 25 26 27 28 Attachment No. 2 Attachment No. 2 Aerial Photo ZLWK Zoning InformationDQG 3KRWRVRIWKH6XEMHFW3URSHUW\ 29 Overlays Selected parcel highlighted Parcel location within City of Arcadia Yes Property Owner(s): Lot Area (sq ft): Year Built: Main Structure / Unit (sq. ft.): CBD Number of Units: C 1.0 Property Characteristics 1946 5,370 0 PI PROPERTIES NO 79 LLC Site Address:144 E HUNTINGTON DR Parcel Number: 5773-014-026 N/A Zoning: General Plan: Yes Downtown Overlay: Downtown Parking Overlay: Architectural Design Overlay:N/A Yes N/A N/A Residential Flex Overlay: N/A N/A N/A N/A Special Height Overlay: Yes Parking Overlay: Racetrack Event Overlay: This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. Report generated 04-Oct-2021 Page 1 of 1 30 FRONT OF UNIT FRONT OF UNIT FROM STREET 31 EAST SIDE OF UNIT FROM ADJACENT SITE REAR OF UNIT 32 Attachment No.  Attachment No.  $UFKLWHFWXUDO3ODQV 33 HUNTINGTON DR(E)ALLEY(E)PUBLIC SIDEWALKPROJECT(144 E HUNTINGTON DR,ARCADIA, CA 91006)(3,375 S.F.)(INTERIOR REMODEL ONLY /NO FACADE CHANGE)SPHINX MART OF ARCADIA(142 E HUNTINGTON DR,ARCADIA, CA 91006)(1,995 S.F.)NO PARKINGSLOPE DN. 1:12 MAX.VAN-ACC.PARKINGSTANDARDPARKING(E)OPEN CONC.LANDING1/8"=1'-0"SCALE3N145'-0"45'-0"20'-0"2'-10"0"0"""222222222222218'-0"5'-0"12'-0"9'-0"12'-0"6'-0"5'-0"8'-6"TRASHENCLOSURE6'-0"8'-0"SITE PLAN3/16"=1'-0"SCALE1N3'-8"MEN'SBACK DINING AREA1848DRY SHELF1848DRY SHELF1848DRY SHELFEM.LOCKERR1848DRY SHELF1848DRY SHELF1848DRY SHELF30"x48"PEDICURE AREAACPAMOPSINKPREP SINK3-COMP D/W SINKHAND SINKICEMAKERGLASSREFRIG.S/S WORKTABLEBEER DISPENSERDRIPTRAY3-COMP BAR SINKHANDSINKICE BIN/SODA GUNBLENDERSINKBLENDERSINKDRIPTRAYGLASSWASHERICE BIN/SODA GUNDRIPTRAYBACK BAR BEER COOLERAAR BEER CCBACK BAR BEER COOLERAAR BEER COOLERUCFREEZEREUCUFREEZERFR30"x72"FRONT DINING AREAWOMEN'SOFFICESTORAGE11'-8"5'-0"11'-9"11'-3""1'-1"---15'-2""1'-1"----15'-3""1'-1---49'-11""1'-1----17'-3"113'-1"15'-3"42'-5"6'-9"12'-8"11'-7"24'-5"28'-5"7'-0"1'-000"0"0"0"0"0000000000004'-0"416'-5"17'-3"1'-1"49'-11"1'-1"15'-3"1'-1"15'-3"1'-1"11'-1"113'-0"4'-0"7'-7"7779'-3"32'-8"19'-11"7'-6"28'-0"BARCASHIERKITCHEN4'-7"7'-7"RESTRM.MANICURE AREANAIL SALON4'-1"4'-1"2'-6"ALL-GENDERANo.Revision23456Date178910010001110100011111111111111111PLANNING06/04/2021PRETTY LITTLE THINGS(T.I. - RESTAURANT)144 E. HUNTINGTON DR., ARCADIA, CA 91006Date:Drawn By:Dwg. No:Scale:Checked By:Title:Sheet No...AS SHOWNJob Name & Address:MJ The designs shown and described hereinincluding all technical drawings, graphics,and models thereof, are proprietary andcannot be copied, duplicated orcommercially exploited, in whole or in part,without express written permission ofOptima Group Inc. These are available orlimited review and evaluation by clients,consultants, contractors, governmentagencies, vendors and office personnelonly in accordance with this notice. Uponacceptance and use of this drawings, theContractor agrees to review and informOptima Group Inc. of any discrepancy orconflict prior to the preparation of withoutexception, shop drawings, templates,layouts, or any execution of any workrelated to the information contained on thisdocument.Notice:COMMERCIAL / RESIDENTIALDESIGN & GENERAL CONSTRUCTION1217 BUENA VISTA STREET, STE 102B.DUARTE. CA 91010PROPOSED FLOORPLAN / SITE PLAN /VICINITY MAP /PROJECT SUMMARYA-1.0PROJECT SUMMARYPROJECT ADDRESS:PROJECT DESCRIPTION:ASSESSOR PARCEL NO.:OCCUPANCY GROUP:LOT SIZE:A-2LEGAL DESCRIPTIONS:CONSTRUCTION TYPE:V-B5773-014-026N.T.S.SCALECONDITIONAL USE PERMIT APPLICATION FOR A NAILSALON & LOUNGE BAR (ABC TYPE-48 LICENSE)6,579 SF1414NUMBER OF STORIES:1FIRE SPRINKLERED: WILL BE INSTALLEDVICINITY MAPN.T.S.SCALE1313N144 E. HUNTINGTON DR., ARCADIA, CA 91006A PART OF ARCADIA SANTA ANITA TRACT E 45 FT EXOF ST OF LOT 26 BLK 72BUILDING SIZE:5,370 SF- 144 E HUNTINGTON DR, ARCADIA, CA 91006: 3,375 S.F.- 142 E HUNTINGTON DR, ARCADIA, CA 91006: 1,995 S.F.ZONING:CBD (CENTRAL BUSINESS DISTRICT)PARKING:1 VAN-ACC. PARKING STALL1 STANDARD PARKING STALLPROPERTY LINE(N)CURBRAMP(N)VAN- ACC.PARKING"(N)VAN- ACC.PARKING SIGN03/24/2021))),,,((((((((((11134 Attachment No.  Attachment No.  /HWWHURI5HFRPPHQGDWLRQ $OKDPEUD3ROLFH'HSDUWPHQW 35 36 Attachment No.  Attachment No.  Preliminary Exemption Assessment 37 Preliminary Exemption Assessment FORM “A” PRELIMINARY EXEMPTION ASSESSMENT (Certificate of Determination When Attached to Notice of Exemption) 1.Name or description of project:CUP 21-03 Conditional Use Permit with a Categorical Exemption under the California Environmental Quality Act (“CEQA”) to allow a new speakeasy-style bar and lounge within an existing commercial unit and a nail salon at the front portion of the unit at 144 E. Huntington Drive. The proposed hours of operations for the nail salon are 11:00 AM to 5:00 PM, daily. The proposed hours of operations for the bar and lounge are from 5:30 PM to 2:00 AM, Tuesday through Sunday. 2.Project Location – Identify street address and cross streets or attach a map showing project site (preferably a USGS 15’ or 7 1/2’ topographical map identified by quadrangle name): 144 E. Huntington Drive – The business is located along E. Huntington Drive, between S. 1st Street and S. 2nd Street. 3.Entity or person undertaking project: A. B.Other (Private) (1)Name Scott Chen, Urban Cowboys, LLC, Applicant (2)Address 900 N. Broadway #1050 Los Angeles, CA 90012 4.Staff Determination: The Lead Agency’s Staff, having undertaken and completed a preliminary review of this project in accordance with the Lead Agency's "Local Guidelines for Implementing the California Environmental Quality Act (CEQA)" has concluded that this project does not require further environmental assessment because: a.The proposed action does not constitute a project under CEQA. b.The project is a Ministerial Project. c.The project is an Emergency Project. d.The project constitutes a feasibility or planning study. e.The project is categorically exempt. Applicable Exemption Class: 15301(a) – Class 1 (Use of an existing facility) f.The project is statutorily exempt. Applicable Exemption: g.The project is otherwise exempt on the following basis: h.The project involves another public agency which constitutes the Lead Agency. Name of Lead Agency: 38 Preliminary Exemption Assessment FORM “A” Date: September 17, 2021 Staff: Edwin Arreola, Assistant Planner 39 DATE: October 12, 2021 TO: Honorable Chair and Planning Commission FROM: Lisa L. Flores, Planning & Community Development Administrator By: Vanessa Quiroz, Associate Planner SUBJECT: APPROVING MULTIPLE FAMILY ARCHITECTURAL DESIGN REVIEW NO. MFADR 20-03 AND TENTATIVE PARCEL MAP NO. TPM 20-04 (83206) WITH A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR A FOUR-UNIT MULTI- FAMILY RESIDENTIAL CONDOMINIUM DEVELOPMENT AT 43 GENOA STREET Recommendation: Adopt Resolution No. 2082 SUMMARY The Applicant, Thomas Li of Prestige Design, Planning and Development, Inc., on behalf of the property owner, Jeffrey Hui, is requesting approval of Multiple Family Architectural Design Review No. MFADR 20-03 and Tentative Parcel Map No. TPM 20-04 (83206) for a four-unit multi-family residential condominium development at 43 Genoa Street. The proposed development and subdivision are consistent with the City’s General Plan, Development Code, and Subdivision Map Act. It is recommended that the Planning Commission adopt Resolution No. 2082 (Attachment No. 1) and finds this project Categorically Exempt under (“CEQA”) and approve Multiple Family Architectural Design Review No. MFADR 20-03 and Tentative Parcel Map No. TPM 20-04 (83206), subject to the conditions listed in this staff report. BACKGROUND The subject property is an 8,448 square foot, interior lot, zoned R-3, High Density Multi- family Residential. The General Plan Designation is HDR – High Density Residential. The lot is located between S. First Avenue and S. Santa Anita Avenue along Genoa Street. The property is surrounded by other multi-family residences that are also zoned R-3 zone – refer Attachment No. 2 for an Aerial photo with Zoning Information and Photos of the Subject Property and Vicinity. 40 Resolution No. 2082 - MFADR 20-03 & TPM 20-04 (83206) 43 Genoa Street October 12, 2021 – Page 2 of 12 The site is developed with an attached two-unit residential duplex and two (2) attached two-car garages, all within one structure. The garages are accessed from the alley at the rear of the site. Each unit is approximately 1,204 square feet in size. A Certificate of Demolition (COD) is not required for the subject site as the structure is only 47 years old (built in 1974) and does not meet the 50-year-old minimum threshold to require the Certificate of Demolition process. Although a Certificate of Demolition is not required, the property owner must obtain the building permits for the new multifamily development project before a demolition permit can be issued. PROPOSAL The Applicant is proposing to construct a new four-unit, multi-family residential condominium development with ground level parking – refer to Attachment No. 3 for the Tentative Parcel Map and Attachment No. 4 for the proposed Architectural Plans. The units vary between 1,766 square feet to 2,115 square feet in size. Units A-C consist of four (4) bedrooms and four (4) bathrooms, and Unit D consists of five (5) bedrooms and four (4) bathrooms. The development is similar in size and scale to other newly development multifamily developments in the area. Unit A is accessed from Genoa Street, and the rest of the units can be accessed from the pedestrian walkway located along the easterly side of the property, as shown in Figure No. 1. A total of 8 parking spaces are required for the residential units, two (2) parking spaces for guests, and three (3) bicycle spaces. Each unit has their own separate enclosed garage, and each garage will comply with the minimum interior dimension of 20’-0” x 20’- 0” and the minimum garage door opening of 16’-0”, as required by the Development Code. The two (2) guest parking spaces and the two of the three bicycle spaces will be located at the rear of the lot with direct access from the alley. The third bicycle space is located towards the front of the site adjacent to the front unit on the east. Although a minimum of 23 feet of unobstructed back-up space is required for a site that has a lot width of 65 feet or less such as the subject site, the project provides a 24-foot back-up space from the enclosed garages to the property line. Figure No. 1. Proposed Site Plan N 41 Resolution No. 2082 - MFADR 20-03 & TPM 20-04 (83206) 43 Genoa Street October 12, 2021 – Page 3 of 12 Each unit requires a minimum of 100 square feet of open space. Units A-C each have balconies totaling 100 square feet in area. The open space for Unit D is provided by a small 47 square foot second floor balcony and 117 square feet of private open space on the ground floor. Properties in the R-3 zone are allowed up a maximum building height of 30 feet. However, the Development Code allows up to 33 feet in height if a pitched roof is proposed, which is the case with this project. The overall height for this project is 32’-10” feet, as measured from the finished grade to the top of the ridge. Therefore, the proposed development will comply with the height and all applicable development Code requirement for a new development within the R-3 zone. ANALYSIS The R-3 zone has a minimum density of one dwelling unit per 2,200 square feet of lot area, and a maximum density of one unit per 1,450 square feet of lot area. The subject site measures 8,448 square feet in lot area. This calculates to a minimum of three units and a maximum of five units for the subject site; therefore, the proposed four unit development complies with the density requirements of the underlying zone. The project will comply with the parking requirements, and all development standards of the R-3 Zone, including but not limited to setbacks, height and open space. Concurrent with the subdivision application, the Planning Commission is to approve, conditionally approve, or deny the architectural design of the proposed project. The proposed project went through several reiterations during the design review. Staff had concerns with the circulation, design, scale and layout of the project (upper floors cantilevering too much over the first floor). However, the project was finally revised to an acceptable design. The proposed project is a Spanish architectural style condominium development – refer Attachment No. 4 and Figure No. 2 above. The exterior material and design elements consist of beige colored smooth stucco, s-tile roof material in a brown-blend color, an arched entry, decorative molding, shutters, awnings and vent details that highlight the chosen architectural style and compliments the adjacent Spanish and Traditional style multi-family residences in the surrounding neighborhood. The front entrance of each Figure No. 2. Project Rendering 42 Resolution No. 2082 - MFADR 20-03 & TPM 20-04 (83206) 43 Genoa Street October 12, 2021 – Page 4 of 12 residential unit is oriented towards a pedestrian walkway this provides a good connectivity among the units and to the street. Each unit will have ample private open space. Landscaping is provided along the side property lines to help soften the appearance of the development from neighboring properties as well as to provide screening. The third floor was stepped back by 4’-6” feet from the lower two floors to allow for a transition to the upper floor and it includes a deep balcony that ranges from 4-8 feet in depth that provides visual relief, which helps blend the project with the other multi-family development on this street in terms of the overall mass and scale. Therefore, the project is compatible with the surrounding multi-family developments and is adequate and consistent with the City’s Multifamily Residential Design Guidelines. The project’s layout was reviewed by the City Engineer during the review process. It was determined that additional clearance was necessary to allow for proper vehicular maneuverability on the site due to the site’s narrow width of 50 feet and the proposed layout of the development. The City Engineer provided a few suggestions – refer to the list and diagram below. The Applicant removed 24 inches from the sides of the buildings adjacent to the garage doors. The support column between Unit A and B was removed, and the support column next to Unit C was revised to a post. Additional space was provided as shown in yellow below. With the recommended changes, the project provides adequate space for vehicular maneuverability – refer to the site plan above. The Tentative Parcel Map complies with the subdivision regulations of the Arcadia Municipal Code and the Subdivision Map Act, and will not violate any requirements of a California Regional Water Quality Control Board. The proposed development will be consistent with the City’s General Plan, Multi-family Residential Design Guidelines, Development Code, and the State Subdivision Map Act. The proposed plans have been reviewed by the various City Departments, and all City requirements shall be complied with to the satisfaction of the Building Official, City Figure No. 3. Site Improvement Diagram N 43 Resolution No. 2082 - MFADR 20-03 & TPM 20-04 (83206) 43 Genoa Street October 12, 2021 – Page 5 of 12 Engineer, Planning & Community Development Administrator, Fire Marshal, and Public Works Services Director, or their respective designees. FINDINGS Tentative Parcel Map The proposal to subdivide the airspace for four (4) residential condominium units requires a subdivision through the Tentative Parcel Map process – see Attachment No. 3 for Tentative Parcel Map No. TPM 20-04 (83206). The proposed subdivision complies with the subdivision regulations of the Arcadia Municipal Code and the Subdivision Map Act, and will not violate any requirements of the California Regional Water Quality Control Board. The following findings are required for approval of a Tentative Parcel Map: A. The proposed map, subdivision design, and improvements are consistent with the General Plan, any applicable specific plan, and the Subdivisions Division of the Development Code. Facts in Support of the Finding: Approval of a four-unit multi-family residential condominium development with a tentative parcel map to subdivide the airspace is consistent with the High Density Residential Land Use designation. The High Density Residential designation is intended to accommodate higher-density attached and/or detached housing types for both renter and owner households within a neighborhood context. The R-3 zone is intended to provide areas for a variety of medium-to-high-density residential development including townhomes and condominiums. The proposed four-unit multi-family residential condominium development is in conformance with the City’s General Plan, Development Code, and the Subdivision Map Act. The site is physically suitable for this type of development, and the approval of the architectural design for the building is compatible with the scale and character of the existing neighborhood. The proposal will not adversely affect the comprehensive General Plan and is consistent with the following General Plan goals and policies: Land Use and Community Design Element x Policy LU-1.1: Promote new infill and redevelopment projects that are consistent with the City’s land use and compatible with surrounding existing uses. x Policy LU-4.1: Require that new multi-family residential development be visually and functionally integrated and consistent in scale, mass, and character with structures in the surrounding neighborhood. B. The site is physically suitable for the type and proposed density of development. 44 Resolution No. 2082 - MFADR 20-03 & TPM 20-04 (83206) 43 Genoa Street October 12, 2021 – Page 6 of 12 Facts in Support of the Finding: The R-3 zone has a minimum density of one dwelling unit per 2,200 square feet of lot area, and a maximum density of one unit per 1,450 square feet of lot area. This calculates to a minimum of three (3) units and a maximum of five (5) units for the subject property. The proposed four-unit multi-family development complies with the density requirements. In addition, there are no physical impediments to the development of this site for residential condominiums. C. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. Facts in Support of the Finding: The proposed tentative parcel map to subdivide the air space for the four (4) condominium units is a minor subdivision of an infill site within an urbanized area; therefore, it will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. D. The design of the subdivision or type of improvements is not likely to cause serious public health or safety problems. Facts in Support of the Finding: The proposed subdivision is to subdivide the air space for a four-unit multi-family condominium development. The construction of the four (4) multi-family residential units are being done in compliance with Building and Fire Codes and all other applicable regulations. The proposed density will be below the maximum allowed by the R-3 zone and the City’s existing infrastructure will adequately serve the new development. In addition, the project meets all health and safety requirements, and will not cause any public health or safety problems. E. The design of the subdivision or the type of improvements will not conflict with easements acquired by the public at large for access through or use of, property within the proposed subdivision (This finding shall apply only to easements of record or to easements established by judgement of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision); and Facts in Support of the Finding: The proposed design of the subdivision or the type of improvements do not conflict with any easements acquired by the public at large for access through or use of the property within the proposed subdivision. Based on the tentative parcel map, there are no easements on the subject properties. F. The discharge of sewage from the proposed subdivision into the community sewer system will not result in violation of existing requirements specified by the California Regional Water Quality Control Board; and 45 Resolution No. 2082 - MFADR 20-03 & TPM 20-04 (83206) 43 Genoa Street October 12, 2021 – Page 7 of 12 Facts in Support of the Finding: The Arcadia Public Works Services Department determined that the City’s existing infrastructure will adequately serve the new development, and the requirements of the California Regional Water Quality Control Board will be satisfied. G. The proposed design and site improvements of the subdivision conform to the regulations of the City’s Development Code and the regulations of any public agency having jurisdiction by law. Facts in Support of the Finding: The proposed subdivision as conditioned complies with the density requirements of the City’s Development Code, and all the improvements required for the site and each unit will comply with the regulations in the City’s Development Code. Architectural Design Review The proposed project is a well though-out design. The proposed Spanish architectural style of the development includes design elements and features that will not only enhance the overall style of the building, but also the existing streetscape which consists of traditional and Spanish style multifamily developments. The third floor is stepped back from the lower two floors to allow for a transition to the upper floor that provides a visual relief. This helps to blend the development with the other multi-family developments on this street in terms of the overall mass and scale. Therefore, the project is compatible with the surrounding multi-family developments and is adequate and consistent with the City’s Multifamily Residential Design Guidelines. All City requirements regarding disabled access and facilities, occupancy limits, building safety, health code compliance, emergency equipment, environmental regulation compliance, and parking and site design shall be complied with by the property owner/applicant to the satisfaction of the Building Official, City Engineer, Planning & Community Development Administrator, Fire Marshal, and Public Works Services Director, or their respective designees. ENVIRONMENTAL ASSESSMENT It has been determined that the project site is less than five (5) acres; the project site has no value as habitat for endangered, rare or threatened species; the proposed project will not have any significant effects upon the environment, and the site can be adequately served by all the required utilities and public services. Therefore, the project is exempt under Class 32 (In-Fill Development Projects) pursuant to Section 15332 of the State California Environmental Quality Act (CEQA) Guidelines. Refer to Attachment No. 5 for the Preliminary Exemption Assessment 46 Resolution No. 2082 - MFADR 20-03 & TPM 20-04 (83206) 43 Genoa Street October 12, 2021 – Page 8 of 12 PUBLIC NOTICE/COMMENTS Public hearing notices for this item were mailed to the owners of those properties that are located within 300 feet of the subject property and published in the Arcadia Weekly on September 30, 2021. As of October 7, 2021, staff did not receive any public comments on this project. As required by the Development Code, the Applicant sent each tenant a letter on July 30, 2021, through certified mail informing them of the proposed project along with their contact information. RECOMMENDATION It is recommended that the Planning Commission approve Multiple Family Architectural Design Review No. MFADR 20-03 and Tentative Parcel Map No. TPM 20-04 (83206), subject to the following conditions, find that the project is Categorically Exempt from the California Environmental Quality Act (CEQA), and adopt Resolution No. 2082, subject to the following conditions of approval: 1. The project shall be developed and maintained by the Property Owner/Applicant in a manner that is consistent with the plans submitted and conditionally approved for MFADR 20-03 and TPM 20-04 (83206), subject to the approval of the Planning & Community Development Administrator, or designee. 2. Any required mechanical equipment, such as backflow devices, visible from the public right-of-way or alley shall be screened from public view. Screening may include landscaping, solid walls or other methods deemed appropriate for the development. The placement and height of said screening shall be subject to review and approval by the Planning & Community Development Administrator, or designee. 3. Prior to the Plan-check submittal, the Site Plan and Landscape Plan shall be revised to include one (1) 36-inch box tree in the front yard. The Landscape Architect shall recommend the type of tree to ensure it complies with the City’s Water Efficiency Landscape Ordinance. 4. Prior to the Plan-check review submittal, the architectural plans shall be revised to include the dimensions of all exterior molding. 5. Prior to the issuance of a Certificate of Occupancy, the Property Owner/Applicant shall submit a permit application with the Public Works Department and receive a permit to remove the existing tree in the parkway and replace the street tree with a new 36-inch box Crape Myrtle tree along the City’s right-of-away. The location shall be determined by the Public Works Services Director or designee. 6. Prior to approval of the Final Parcel Map, the Property Owner/Applicant shall either construct or post security for all public improvements as shown on the Tentative Parcel Map No. 83206 and listed below: 47 Resolution No. 2082 - MFADR 20-03 & TPM 20-04 (83206) 43 Genoa Street October 12, 2021 – Page 9 of 12 a. Remove and replace the existing curb and sidewalk along the entire property frontage. b. Remove and replace the asphalt alley and concrete ribbon gutter from property line to property line along the alley frontage c. The new driveway shall be installed per City Standard plan with the top of the wing at a minimum of one foot away from the property line. 7. The project shall comply with the latest adopted edition of the following codes as applicable: a. California Building Code b. California Residential Code c. California Electrical Code d. California Mechanical Code e. California Plumbing Code f. California Energy Code g. California Fire Code h. California Green Building Standards Code i. California Existing Building Code 8. The project shall comply with Arcadia Municipal Code Section 8130.20 which pertains to Chapter 35: A Multiple Family Construction Standards of the California Building Code. 9. No demolition permit shall be issued prior to the issuance of a building permit for the new development. 10. All units shall be fire sprinklered per the City of Arcadia Fire Department Multi-Family Dwelling Sprinkler Standards. 11. The Property Owner/Applicant shall utilize existing sewer lateral, if possible. 12. If any drainage fixture elevation is lower than the elevation of next upstream manhole cover (449.91’), an approved backwater valve is required. 13. The Property Owner/Applicant shall install a separate water meter for each condominium unit. A common water meter for each unit can be used to supply both domestic water services and fire services. The Property Owner/Applicant shall separate the fire service from domestic water service with an approved backflow device. 14. A separate landscape meter is required for common area landscape irrigation. 15. The Property Owner/Applicant shall be responsible for the installation of new water service and abandonment of existing water services, if necessary. All work shall be completed in accordance with Public Works Services Department, Engineering Division specifications. 16. The Property Owner/Applicant shall integrate Low Impact Development (LID) strategies into the site design. These strategies include using infiltration trenches, 48 Resolution No. 2082 - MFADR 20-03 & TPM 20-04 (83206) 43 Genoa Street October 12, 2021 – Page 10 of 12 biorentention planter boxes, roof drains connected to a landscaped area, pervious concrete/paver, etc. 17. The Property Owner/Applicant shall provide a cart for trash, recycling, and green waste for each unit. 18. The Property Owner/Applicant shall comply with all City requirements regarding building safety, fire prevention, detection, suppression, emergency access, public right-of-way improvements, parking, water supply and water facilities, sewer facilities, trash reduction and recycling requirements, and National Pollutant Discharge Elimination System (NPDES) measures to the satisfaction of the Building Official, Fire Marshal, Public Works Services Director, and Planning & Community Development Administrator. Compliance with these requirements is to be determined by having fully detailed construction plans submitted for plan check review and approval by the foregoing City officials and employees. 19. To the maximum extent permitted by law, Applicant must defend, indemnify, and hold City, any departments, agencies, divisions, boards, and/or commissions of the City, and its elected officials, officers, contractors serving as City officials, agents, employees, and attorneys of the City (“Indemnitees”) harmless from liability for damages and/or claims, actions, or proceedings for damages for personal injuries, including death, and claims for property damage, and with respect to all other actions and liabilities for damages caused or alleged to have been caused by reason of the Applicant’s activities in connection with Multiple Family Architectural Design Review No. MFADR 20-03 and Tentative Parcel Map No. TPM 21-04 (83206), the Project site, and which may arise from the direct or indirect operations of the Applicant or those of the Applicant’s contractors, agents, tenants, employees or any other persons acting on Applicant’s behalf, which relate to the development and/or construction of the Project. This indemnity provision applies to all damages and claims, actions, or proceedings for damages, as described above, regardless of whether the City prepared, supplied, or approved the plans, specifications, or other documents for the Project. In the event of any legal action challenging the validity, applicability, or interpretation of any provision of this approval, or any other supporting document relating to the Project, the City will promptly notify the Applicant of the claim, action, or proceedings and will fully cooperate in the defense of the matter. Once notified, the Applicant must indemnify, defend and hold harmless the Indemnitees, and each of them, with respect to all liability, costs and expenses incurred by, and/or awarded against, the City or any of the Indemnitees in relation to such action. Within 15 days’ notice from the City of any such action, Applicant shall provide to City a cash deposit to cover legal fees, costs, and expenses incurred by City in connection with defense of any legal action in an initial amount to be reasonably determined by the City Attorney. City may draw funds from the deposit for such fees, costs, and expenses. Within 5 business days of each and every notice from City that the deposit has fallen below the initial amount, Applicant shall replenish the deposit each and every time in order for City’s legal team to continue working on the matter. City shall only refund to 49 Resolution No. 2082 - MFADR 20-03 & TPM 20-04 (83206) 43 Genoa Street October 12, 2021 – Page 11 of 12 Developer any unexpended funds from the deposit within 30 days of: (i) a final, non- appealable decision by a court of competent jurisdiction resolving the legal action; or (ii) full and complete settlement of legal action. The City shall have the right to select legal counsel of its choice that the Applicant reasonably approves. The parties hereby agree to cooperate in defending such action. The City will not voluntarily assist in any such third-party challenge(s) or take any position adverse to the Applicant in connection with such third-party challenge(s). In consideration for approval of the Project, this condition shall remain in effect if the entitlement(s) related to this Project is rescinded or revoked, whether or not at the request of the Applicant. 20. Approval of MFADR 20-03 and TPM 20-04 (83206) shall not be in effect unless the Property Owner and Applicant have executed and filed the Acceptance Form with the City on or before 30 calendar days after the Planning Commission has adopted the Resolution. The Acceptance Form to the Development Services Department is to indicate awareness and acceptance of the conditions of approval. PLANNING COMMISSION ACTION Approval If the Planning Commission intends to approve this project, the Commission should move to approve Multiple Family Architectural Design Review No. MFADR 20-03 and Tentative Parcel Map No. TPM 20-04 (83206), state that the proposal satisfies the requisite findings, and adopt the attached Resolution No. 2082 that incorporates the requisite environmental and subdivision findings, and the conditions of approval as presented in this staff report, or as modified by the Commission. Denial If the Planning Commission is to deny this project, the Commission should state the specific findings that the proposal does not satisfy based on the evidence presented with specific reasons for denial, and move to deny Multiple Family Architectural Design Review No. MFADR 20-03 and Tentative Parcel Map No. TPM 20-04 (83206), and direct staff to prepare a resolution for adoption at the next meeting that incorporates the Commission’s decision and specific findings. If any Planning Commissioner, or other interested party has any questions or comments regarding this matter prior to the October 12, 2021, Planning Commission Meeting, please contact Associate Planner, Vanessa Quiroz at (626) 574-5422, or vquiroz@ArcadiaCA.gov. 50 Resolution No. 2082 - MFADR 20-03 & TPM 20-04 (83206) 43 Genoa Street October 12, 2021 – Page 12 of 12 Approved: Lisa L. Flores Planning & Community Development Administrator Attachment No. 1: Resolution No. 2082 Attachment No. 2: Aerial Photo with Zoning Information and Photos of the Subject Property and Vicinity Attachment No. 3: Tentative Parcel Map No. TPM 21-04 (83206) Attachment No. 4: Proposed Architectural Plans Attachment No. 5: Preliminary Exemption Assessment 51 $WWDFKPHQW1R 5HVROXWLRQ1R $WWDFKPHQW1R52 53 54 55 56 57 58 59 60 61 62 $WWDFKPHQW1R $HULDO3KRWRZLWK=RQLQJ,QIRUPDWLRQ DQG3KRWRVRIWKH6XEMHFW3URSHUW\ DQG9LFLQLW\ $WWDFKPHQW1R63 Overlays Selected parcel highlighted Parcel location within City of Arcadia N/A Property Owner(s): Lot Area (sq ft): Year Built: Main Structure / Unit (sq. ft.): R-3 Number of Units: HDR Property Characteristics 1974 2,408 2 HUI,JEFFREY Site Address:43 GENOA ST Parcel Number: 5779-012-030 N/A Zoning: General Plan: N/A Downtown Overlay: Downtown Parking Overlay: Architectural Design Overlay:N/A N/A N/A N/A Residential Flex Overlay: N/A N/A N/A N/A Special Height Overlay: N/A Parking Overlay: Racetrack Event Overlay: This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. Report generated 06-Oct-2021 Page 1 of 1  64 Subject Site: 43 Genoa Street Multifamily units to the east: 45 Genoa Street 65 Multifamily units to the east: 47-49 Genoa Street Multifamily units to the east: 53 Genoa Street 66 Multifamily units to the west: 33-41 Genoa Street Multifamily units to the ǁĞst: 29 Genoa Street 67 Multifamily units across the street: 54 Genoa Street Multifamily units across the street: 50 Genoa Street 68 Multifamily units across the street: 46 Genoa Street Multifamily units across the street: 42 Genoa Street 69 Multifamily units across the street: 38 Genoa Street Commercial siteƐ towards Genoa Street and S. First Ave 70 $WWDFKPHQW1R 7HQWDWLYH3DUFHO0DS1R730  $WWDFKPHQW1R 71 72 $WWDFKPHQW1R 3URSRVHG$UFKLWHFWXUDO3ODQV $WWDFKPHQW1R 73 74 75 76 77 78 79 80 81 82 $WWDFKPHQW1R 3UHOLPLQDU\([HPSWLRQ$VVHVVPHQW $WWDFKPHQW1R 83 Preliminary Exemption Assessment FORM “A” PRELIMINARY EXEMPTION ASSESSMENT 1.Name or description of project:Tentative Parcel Map No. TPM 20-04 (83206) and Multiple Family Architectural Design Review No. MFADR 20-03 for a four-unit residential condominium development 2.Project Location –Identify street address and cross streets or attach a map showing project site (preferably a USGS 15’ or 7 1/2’ topographical map identified by quadrangle name): 43 Genoa Street (between S. First Avenue and S. Santa Anita Ave) 3.Entity or person undertaking project: A. B.Other (Private) (1)Name Thomas Li (Prestige Design, Planning, and Development Inc.,) (2)Address P.O. Box 660866 Arcadia, CA 91066 4.Staff Determination: The Lead Agency’s Staff, having undertaken and completed a preliminary review of this project in accordance with the Lead Agency's "Local Guidelines for Implementing the California Environmental Quality Act (CEQA)" has concluded that this project does not require further environmental assessment because: a.The proposed action does not constitute a project under CEQA. b.The project is a Ministerial Project. c.The project is an Emergency Project. d.The project constitutes a feasibility or planning study. e.The project is categorically exempt. Applicable Exemption Class:15332 –Class 32 (Infill Development) f.The project is statutorily exempt. Applicable Exemption: g.The project is otherwise exempt on the following basis: h.The project involves another public agency which constitutes the Lead Agency. Name of Lead Agency: Date:9/20/21 Staff:Vanessa Quiroz, Associate Planner 84 ARCADIA PLANNING COMMISSION REGULAR MEETING MINUTES TUESDAY, SEPTEMBER 14, 2021 Any writings or documents provided to a majority of the Planning Commission regarding any item on this agenda will be made available for public inspection in the City’s Planning Services Office located at 240 W. Huntington Drive, Arcadia, California, during normal business hours. CALL TO ORDER Chair Wilander called the meeting to order at 7:00 p.m. in the Council Chamber. PLEDGE OF ALLEGIANCE ROLL CALL PRESENT: Chair Wilander, Vice Chair Lin, Commissioner Chan, Thompson, and Tsoi ABSENT: None SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS Ms. Flores announced that staff received one late emailed public comment for Agenda Item No. 1. PUBLIC COMMENTS (5 minute time limit per person) There were none. PUBLIC HEARING 1. Resolution No. 2079 – Approving Single Family Architectural Design Review No. SFADR 21-08, and Administrative Modification No. PC AM 21-02 with a Categorical Exemption under the California Environmental Quality Act (CEQA) for setback modifications to the proposed first and second story additions, and to maintain the existing legal nonconforming setbacks of the existing two-story residence that will become a rebuild at 252 Sharon Road Recommendation: Adopt Resolution No. 2079 Applicant: Xin Wang on behalf of Jonathan Huang Chair Wilander introduced the item and Ms. Flores presented the staff report on behalf of Assistant Planner Christine Song, who was unable to attend the meeting. Chair Wilander asked if the Applicant would like to speak on the item. Mr. Jonathan Huang, the property owner, responded. Chair Wilander opened the public hearing. There were no callers for the item; however, prior to the meeting, Staff received two emails in opposition of the proposed project due to privacy concerns. MOTION- PUBLIC HEARING It was moved by Commissioner Chan, seconded by Vice Chair Lin, to close the public hearing. Without objection, the motion was approved. 85 2 9/14/2021 DISCUSSION Commissioner Chan had no issues with the proposed project. Commissioner Thompson expressed concern regarding the lack of articulation as a result of the addition, and that the proposed project would intensify the existing legal non-conforming aspects of the structure. He questioned whether the project complies with the Design Guidelines and he had difficulty making the findings required for the modification. Commissioner Tsoi echoed Commissioner Thompson’s concerns and suggested that the Applicant make adjustments to the second-story setback and also extend the proposed stone veneer on the front elevation to wrap around to the east and west sides of the house; he also requested clarification on the depth of the roof eaves on the second floor which appears to be a drafting error on the plans. Vice Chair Lin stated that the two properties adjacent to the subject site are also legal non-conforming buildings with regards to setbacks, therefore the Applicant should not be subject to stricter requirements; the proposed lot coverage is 2,000 square feet below what is allowed per Code, and the architectural style is also compatible with the surrounding neighborhood. He would be in favor of approving the project. Chair Wilander agreed with the findings in the Staff Report as to why the existing setback modifications should be allowed to continue and was inclined to support the proposal. Chair Wilander asked if the designer would like to respond to the comments (reopen the public hearing). Mr. Peter Li, the designer, responded to the Commissioners’ questions and concerns. He clarified the depth of the eaves/overhang, addressed the privacy concerns, and provided justification for the proposed addition. He also and mentioned the challenges in achieving added articulation. The Commissioners discussed adding two conditions of approval to the project. Based upon privacy concerns, Commissioner Chan asked if the Applicant would be willing to obscure the new glass windows of the second story master bathroom. Mr. Li stated that this can be done. He also agreed that the stone veneer on the front elevation could be wrapped further around the house along the east and west elevations, per Commissioners Tsoi’s recommendation. The public hearing was closed. Based upon the discussion, two new conditions of approval were added and read into the record by Ms. Flores: Condition No. 6: The proposed stone veneer material on the front elevation shall wrap around on both sides of the house (east and west elevations) and extend at least 8-feet beyond the corners or to a distance that is appropriate, as determined by the Planning & Community Development Administrator or designee. Condition No. 7: The master bathroom windows (window nos. 5 and 14) shall be of opaque glass windows. Those windows shall always remain and be kept as opaque glass. MOTION It was moved by Commissioner Tsoi, seconded by Vice Chair Lin to adopt Resolution No. 2079, approving Single Family Architectural Design Review No. SFADR 21-08, and Administrative Modification No. PC AM 21-02 with a Categorical Exemption under the California Environmental 86 3 9/14/2021 Quality Act (CEQA) for setback modifications to the proposed first and second story additions, and to maintain the existing legal nonconforming setbacks of the existing two-story residence that will become a rebuild at 252 Sharon Road, subject to the amended conditions of approval as read into the record by Ms. Flores. ROLL CALL AYES: Chair Wilander, Vice Chair Lin, Commissioner Chan, and Tsoi NOES: Commissioner Thompson ABSENT: None There is a ten day appeal period after the adoption of the Resolution. Appeals are to be filed by 5:30 p.m. on Monday, September 27, 2021. PLANNING & COMMUNITY DEVELOPMENT ADMINSTRATOR’S REPORT 2. Report on Housing Element Update Chair Wilander introduced the item and turned it over to Senior Planner Luis Torrico to present the report. CONSENT CALENDAR 3. Minutes of the July 27, 2021 Regular Meeting of the Planning Commission Recommendation: Approve It was moved by Commissioner Chan, seconded by Commissioner Thompson to approve the minutes of the July 27, 2021 Planning Commission Regular Meeting. ROLL CALL AYES: Chair Wilander, Vice Chair Lin, Commissioner Chan, Thompson, and Tsoi NOES: None ABSENT: None MATTERS FROM CITY COUNCIL LIAISON Council Member Beck was not present. MATTERS FROM THE PLANNING COMMISSONERS The Commissioners had nothing to report. MATTERS FROM ASSISTANT CITY ATTORNEY Assistant City Attorney Maurer discussed the potential impact of Assembly Bill 361 (AB 361), a Brown Act bill that extends the allowance for virtual meetings, and Senate Bill 9 (SB 9), which allows lot splits and by-right duplex on single-family lots. MATTERS FROM STAFF INCLUDING UPCOMING AGENDA ITEMS 87 4 9/14/2021 Ms. Flores announced that the Planning Commission will act as the Business License Review Board for a business license revocation next Tuesday, September 28, 2021, at 6:00 p.m. There are two items scheduled for the October 12, 2021 meeting, including a new bar in Downtown Arcadia and a multifamily project; there is a 33-unit multifamily project tentatively scheduled to be heard at the October 26, 2021 meeting. ADJOURNMENT The Planning Commission adjourned the meeting at 7:58 p.m. to Tuesday, September 28, 2021, at 7:00 p.m. in the City Council Chamber at 240 W. Huntington Drive, Arcadia. Marilynne Wilander Chair, Planning Commission ATTEST: Lisa Flores Secretary, Planning Commission 88