HomeMy WebLinkAbout5-10-22 Agenda PacketCITY OF ARCADIA
Arcadia Planning Commission
Regular Meeting Agenda
Tuesday, May 10, 2022, 7:00 p.m.
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CALL TO ORDER
ROLL CALL
Zi Lin, Chair
Kenneth Chan, Vice Chair
Brad Thompson, Commissioner
Vincent Tsoi, Commissioner
Marilynne Wilander, Commissioner
SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS
PUBLIC COMMENTS (5 minute time limit per person)
Each speaker is limited to three (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.
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1. Resolution No. 2095 Approving Multiple Family Architectural Design Review No.
MFADR 21-06 and Tentative Parcel Map No. TPM 22-01 (83722), with a Categorical
Exemption under the California Environmental Quality Act (CEQA) for a three-unit,
multi-family residential condominium development at 161 Alice Street
Recommendation: Adopt Resolution No. 2095
Applicant: Thomas Li
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, May 23, 2022.
2. Resolution No. 2093 Minor Use Permit No. MUP 21-08, Architectural Design
Review No. ADR 21-12, General Plan Consistency No. 22-01, Tentative Parcel Map
No. TPM 21-02, a density bonus and a street vacation along with an Environmental
Impact Report under the California Environmental Quality Act (CEQA) for the Alexan
Arcadia mixed-use development, with 319 residential units, including 26 affordable
units, located at 150 N. Santa Anita Avenue
Recommendation: Adopt Resolution No. 2093
Applicant: Arcadia Apartments, 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, May 23, 2022.
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 April 26, 2022, 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
ADJOURNMENT
The Planning Commission will adjourn this meeting to Tuesday, May 24, 2022, at 7:00 p.m.
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DATE: May 10, 2022
TO: Honorable Chairman and Planning Commission
FROM: Lisa L. Flores, Planning & Community Development Administrator
By: Edwin Arreola, Assistant Planner
SUBJECT: RESOLUTION NO. 2095 - APPROVING MULTIPLE FAMILY
ARCHITECTURAL DESIGN REVIEW NO. MFADR 21-06 AND TENTATIVE
PARCEL MAP NO. TPM 22-01 (83722), WITH A CATEGORICAL
EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) FOR A THREE-UNIT, MULTI-FAMILY RESIDENTIAL
CONDOMINIUM DEVELOPMENT AT 161 ALICE STREET
Recommendation: Adopt Resolution No. 2095
SUMMARY
The Applicant, Thomas Li, on behalf of the property owner, 161 Alice St. Arcadia LLC, is
requesting approval of Multiple Family Architectural Design Review No. MFADR 21-06 and
Tentative Parcel Map No. TPM 22-01 (83722), for a new three (3) unit, three-story, multi-
family residential condominium development at 161 Alice Street. The proposed
development and subdivision are consistent with the Citys General Plan, Development
Code, and Subdivision Map Act. As an infill development project, the proposed
development qualifies for a Categorical Exemption under the California Environmental
Quality Act (CEQA). It is recommended that the Planning Commission adopt Resolution
No 2095 (refer to Attachment No. 1), approving MFADR 21-06 and TPM 22-01 (83722)
subject to the conditions listed in this staff report
BACKGROUND
The subject property is a 7,500 square foot interior lot, located on the north side of Alice
Street, between 1st and 2nd Avenues. The property is zoned R-3, High Density Multiple
Family Residential with a General Plan Land Use Designation of High Density Residential.
The property is surrounded by other R-3 zoned properties to the north, south, east, and
west. The project site is improved with two structures - a duplex and a detached two-car
garage that were built in 1950 refer to Attachment No. 2 for an Aerial photo with Zoning
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161 Alice Street
May 10, 2022 Page 2 of 13
Information and Photos of the Subject Property and Figure 1.
A Certificate of Demolition (COD) for the subject property was approved on February 24,
2022. Based on the evaluation by an Architectural Historian, the property does not meet
any of the minimum requirements for designation as a historical resource under federal,
state and local criteria. The residence is not a good example of any particular architectural
style and is not representative of or associated with any important historical events or
people. The structures have not yet been demolished due to the Citys replacement policy
for residential projects, which requires approval of a new project prior to demolition of the
structures on site.
PROPOSAL
The applicant is requesting to demolish the existing structures on the property to construct
a new three-unit, three-story, multi-family residential condominium development with at-
grade parking refer to Attachment No. 3 for the Tentative Parcel Map and Attachment
No. 4 for the proposed Architectural Plans. The project is designed in the Spanish
architectural style, which will be compatible with the other existing Spanish style multi-
family developments in the neighborhood, including the two developments to the west of
this site which were also designed by the Applicant and approved within the last four years
(see Figure 2).
Figure 1 Existing Residence
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Resolution No. 2095 - MFADR 21-06 and TPM 22-01 (83722)
161 Alice Street
May 10, 2022 Page 3 of 13
The two foremost units (Units A and B) will consist of three (3) bedrooms and the remaining
unit at the rear of the lot (Unit C) will have four (4) bedrooms. Each unit will vary between
1,843 to 2,042 square feet in floor area. Unit A will have direct access from Alice Street,
whereas Units B and C will have a pedestrian walkway along the northern side of the
property that leads out to Alice Street.
The proposed development will have an overall building height of 32-10, which is below
the maximum height limit 33-0 with a pitched roof. The development complies with all the
minimum setback requirements. Since the lot is less than 65 in width, the garages are
allowed to encroach 5-0 into the required side yard setback. Additionally, each unit will
provide the minimum required 100 square feet of open space through rooftop patios on the
third floor for Units A and B and an at-grade patio for Unit C.
The front unit will have a two-car garage with two different access: One parking space will
be accessed from a separate driveway directly off of Alice Street near the westerly side of
the site and the second parking space will be accessed from the shared driveway on the
easterly side. Each of the parking spaces meets the minimum dimension of 10 x 20. As
for the other units, they will each have a 20 x 20 two-car garage that will be accessed from
the shared driveway. The site will also comply with the minimum guest parking spaces of
two (2) parking spaces, and the bike rack for 2 spaces will be located near the rear of the
property.
In terms of maneuverability, the walls adjacent to the back up space of each of the parking
spaces were pushed 2-0 away to allow for a wider back-out clearance, and the corners
of Unit B that extends into the driveway were notched to provide additional turning space
for the adjacent spaces. The driveway width was also extended to the side property line
wall to maximize the driveway area (see Figure 3).
Figure 2 Alice Street Streetscape
161 Alice St.155 Alice St.147 Alice St.
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161 Alice Street
May 10, 2022 Page 4 of 13
ANALYSIS
The R-3 zone requires 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 density of three (3) units and a maximum of five (5) units for the subject site;
therefore, the proposed three-unit development complies with the minimum density
requirements of the underlying R-3 zone. The project will comply with the development
standards of the R-3 zone, including, but not limited to setbacks, height and open space.
Also, the proposed project will comply with the minimum parking requirements for each of
the units, guest parking, and bicycles spaces. Therefore, the proposed development will
comply with the parking requirements of the R-3 zone.
Concurrent with the subdivision application, the Planning Commission must approve,
conditionally approve, or deny the architectural design of the proposed project. The project
is designed in a Spanish architectural style refer to Attachment No. 4 and Figure 4. The
exterior walls of the building will be finished with a beige stucco. The roof will consist of
concrete S tile brown colored roofing material and moldings along the eaves. Additional
architectural features will include, decorative window trim, wooden doors, mosaic tile
features, window shutters, fabric window awnings, and projections, which provide roof
breaks with multiple rooflines. The proposed Spanish style development will be compatible
with the other existing multi-family developments along Alice Street, including the Spanish
style multi-family developments on the adjoining lots to the west which were similarly
designed. The project will also provide adequate landscaping throughout the property and
each unit will have its own private open space area.
Figure 3 Site Plan
N
AL
I
C
E
S
T
.
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Resolution No. 2095 - MFADR 21-06 and TPM 22-01 (83722)
161 Alice Street
May 10, 2022 Page 5 of 13
The massing and scale of this project will be compatible with the other multi-family
developments found in the surrounding neighborhood. The height of the new development
will not be out of character with the existing developments on the street since many of them
have heights close to 30 despite only having two-stories. To better integrate the building
into the neighborhood and allow for a transition in size from the adjacent properties, the
third floor is proposed to be stepped back a large distance from the second floor to help
reduce the overall massing of the building at the front of the property and give it a two-story
look from the streetscape. Additionally, privacy is not expected to be an issue as the 13-
0 wide driveway will provide a greater buffer between the development and the properties
to the east and an existing driveway on the adjacent development to the west provides a
Figure 4 - Elevations
FRONT
EAST
WEST
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Resolution No. 2095 - MFADR 21-06 and TPM 22-01 (83722)
161 Alice Street
May 10, 2022 Page 6 of 13
similar buffer. Therefore, the proposed development and subdivision of condominiums will
be consistent with the Citys General Plan, Multiple-Family Residential Design Guidelines,
the Development Code, the State Subdivision Map Act, and will not violate any
requirements of the California Regional Water Quality Control Board.
FINDINGS
Tentative Parcel Map
The proposal to subdivide the airspace for three (3) residential condominium units requires
a subdivision through the Tentative Parcel Map process see Attachment No. 3 for
Tentative Parcel Map No. TPM 22-01 (83722). 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: The proposed tentative parcel map for a three-
unit multi-family residential condominium development and subdivision of the
airspace has been reviewed for compliance with the Citys General Plan,
Development Code, and the States Subdivision Map Act. It has been determined
that the proposed subdivision is consistent with the General Plan High Density
Residential Land Use designation and the R-3, High Density Multiple Family
Residential zoning designation. These designations are intended to accommodate
high density, attached or detached residential units such as condominiums, within
the appropriate neighborhoods. The proposed tentative parcel map complies with
the Subdivision Map Act regulations and there is no specific plan applicable to this
project. 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 project will not adversely affect the
comprehensive General Plan and is consistent with the following General Plan goals
and policies:
Land Use and Community Design Element
Policy LU-1.1: Promote new infill and redevelopment projects that are
consistent with the Citys land use and compatible with surrounding existing
uses.
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.
Policy LU-4.2: Encourage residential development that enhances the visual
character, quality, and uniqueness of the Citys neighborhoods and districts.
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161 Alice Street
May 10, 2022 Page 7 of 13
B. The site is physically suitable for the type and proposed density of
development.
Facts in Support of the Finding: The R-3 zone requires 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. Based on the lot area of 7,500 square feet, a
minimum of three (3) units and a maximum of five (5) units can be developed at this
site. Therefore, the proposed three-unit development complies with the density
requirements of the underlying zone, as well as all other applicable zoning
requirements including but not limited to parking, setbacks, height, and open space.
The site is physically suitable for the proposed three-unit multi-family residential
development.
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 for three (3)
multi-family residential units is a subdivision of an infill site within an urbanized area
and does not serve as a habitat for endangered or rare species. The project will not
cause substantial environmental damage or impact wildlife.
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
airspace of three-units for condominium purposes. The construction will be in
compliance with all applicable Building and Fire Codes to ensure public health and
safety. The proposed density will be below the maximum allowed by the R-3 zone
and the Citys existing infrastructure will adequately serve the new development.
Therefore, the development 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).
Facts in Support of the Finding: The proposed design of the subdivision does not
conflict with easements acquired by the public at large for access through or use of,
property within the proposed subdivision. There are no known easements on the
subject property.
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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.
Facts in Support of the Finding: The Arcadia Public Works Services Department
determined that the Citys 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 Citys Development Code and the regulations of any
public agency having jurisdiction by law.
Facts in Support of the Finding: The proposed design of the multi-family
development is in conformance with the Citys Development Code, as all
development standards are being met, and all of the improvements required for the
site and each unit will comply with the regulations in the Citys Development Code.
Architectural Design Review
The proposed development is located within the High Density Residential (R-3) Zone,
which is intended to provide a variety of medium to high density residential development.
The proposed design of the three-unit condominium project is compatible with existing
multi-family developments in the surrounding neighborhood in terms of massing, and scale.
The proposed Spanish style architecture will be compatible with the other adjacent Spanish
style multi-family developments that exist on Alice Street. The proposed development will
also be similar in height to the other multi-family developments on this street and is stepping
the third floor back from the street to reduce the overall mass of the development. In
addition, the proposed design is consistent with the Citys 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 a 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.
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PUBLIC NOTICE/COMMENTS
A public hearing notice for this item was published in the Arcadia Weekly and mailed to the
property owners located within 300 feet of the subject property on April 28, 2022. As of
May 5, 2022, staff has not received any comments from the public.
On April 12, 2022, the Applicant sent each tenant a notice informing them of the proposed
project. The notice was sent through certified mail.
RECOMMENDATION
It is recommended that the Planning Commission approve Multiple Family Architectural
Design Review No. MFADR 21-06 and Tentative Parcel Map No. TPM 22-01 (83722),
subject to the following conditions, find that the project is Categorically Exempt from the
California Environmental Quality Act (CEQA), and adopt Resolution No. 2095, subject to
the following conditions of approval:
1. The project shall be developed and maintained by the Applicant/Property Owner in a
manner that is consistent with the plans submitted and conditionally approved for
MFADR 21-06 and TPM 22-01 (83722), 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 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 subject to review and approval by the Planning &
Community Development Administrator, or designee.
3. The project 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
4. The project shall comply with Chapter 35A Multiple Family Construction Standards as
amended in the Arcadia Municipal Code Section 8130.20.
5. All utility conductors, cables, conduits and wiring supplying electrical, cable and
telephone service to a multiple family building shall be installed underground except
risers which are adjacent to and attached to a building.
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6. The grading plans shall indicate all on- and off-site improvements and shall indicate
complete drainage paths of all drainage water run-off.
7. A demolition permit shall be obtained from Building Services prior to the removal
and/or demolition of the structures on site.
8. No utilities or fixtures shall be located on the exterior walls of the building that face
the main driveway.
9. Prior to approval of the Final Parcel Map, the Applicant/Property Owner shall:
a) Remove and replace the existing curb, gutter, and sidewalk from property line
to property line.
b) Coordinate with Public Works Services on the installation of a new street tree.
c) Construct a new drive approach per City Standard plan.
10. Prior to receiving a Certificate of Occupancy, the Applicant/Property Owner shall
repair any damages caused by the development to the asphalt street frontages from
property line to property line including but not limited to trench cuts and construction
traffic, per the direction of the City Engineer.
11. The proposed development requires an LID plan which shall comply with the Los
Angeles County Department of Public Works 2014 LID standard Manual and show
the selected measures on the grading plan.
12. All structures shall be provided with an automatic fire sprinkler system per the City of
Arcadia Fire Departments Multi-Family Dwelling Sprinkler Standard.
13. There is a 6-inch cast iron water main with 72 psi static pressure that the development
shall connect to on Alice Street for domestic water and/or fire services. The
Applicant/Property Owner shall provide calculations to the Public Works Services
Department to determine the total combined maximum domestic and fire demand,
and verify the water service size required.
14. The Applicant/Property Owner shall install a separate water meter for each
condominium unit. The water meter for each unit can be used to supply both domestic
water services and fire services. The Applicant/Property Owner shall separate the fire
service from domestic water service with an approved back flow device.
15. All condominiums shall require a separate water service and meter for common area
landscape irrigation.
16. A Water Meter Permit Application shall be submitted to the Public Works Services
Department prior to issuance of a building permit for the new development.
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May 10, 2022 Page 11 of 13
17. New water service installations shall be by the Applicant/Property Owner. Installation
shall be according to the specifications of the Public Works Services Department,
Engineering Section. Abandonment of existing water services, if necessary, shall be
carried out by the Applicant/Property, according to Public Works Services
Department.
18. An 8 Vitrified Clay Pipe (VCP) City sewer line is available on Alice Street to provide
sanitary sewer service for the project. The Applicant/Property Owner shall utilize the
existing sewer lateral if possible.
19. If any drainage fixture elevation is lower than the elevation of the next upstream
manhole cover (444.97), an approved type of backwater valve is required to be
installed on the lateral within the Citys right-of-way.
20. The proposed project shall be subject to low impact development (LID) requirements.
These requirements include but are not limited to using infiltration trenches, bio-
retention planter boxes, roof drains connected to a landscaped area, pervious
concrete/paver, etc.
21. The Applicant/Property Owner shall provide, and accommodate for, a total of three
trash containers for trash, recycling and green waste for each unit, to the satisfaction
of the Public Works Services Director, or designee.
22. 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, 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.
23. To the maximum extent permitted by law, the Applicant must defend, indemnify, and
hold the 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
Applicants activities in connection with MFADR 21-06 and TPM 22-01 on the Project
site, and which may arise from the direct or indirect operations of the Applicant or
those of the Applicants contractors, agents, tenants, employees or any other persons
acting on Applicants 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
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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 Citys 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 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.
24. Approval of MFADR 21-06 and TPM 22-01 (83722) 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 executed Acceptance Form submitted 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 21-06 and Tentative
Parcel Map No. TPM 22-01 (83722), state that the proposal satisfies the requisite findings,
and adopt the attached Resolution No. 2095 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.
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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 21-06 and Tentative Parcel Map No. TPM 22-01 (83722) and direct staff to prepare
a resolution for adoption at the next meeting that incorporates the Commissions decision
and specific findings.
If any Planning Commissioner, or other interested party has any questions or comments
regarding this matter prior to the May 10, 2022, Planning Commission Meeting, 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. 2095
Attachment No. 2: Aerial Photo with Zoning Information and Photos of the Subject
Property and Vicinity
Attachment No. 3: Tentative Parcel Map No. TPM 22-01 (83722)
Attachment No. 4: Architectural Plans
Attachment No. 5: Preliminary Exemption Assessment
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Attachment No. 1
Attachment No. 1
Resolution No. 20
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Attachment No. 2
Attachment No. 2
Aerial Photo with Zoning Information and
Photos of the Subject Site
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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
Site Address:1 ALICE ST
Parcel Number: 5779-017-00
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 --202
Page 1 of 1 29
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Attachment No. 3
Attachment No. 3
Tentative Parcel Map
No. TPM 2 -0 (83 )
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Attachment No. 4
Attachment No. 4
Architectural Plans
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Attachment No. 5
Attachment No. 5
Preliminary Exemption Assessment
45
Preliminary Exemption Assessment FORM A
PRELIMINARY EXEMPTION ASSESSMENT
1.Name or description of project:MFADR 21-06 and TPM 22-01 (83722)A tentative parcel
map for a three-unit residential condominium development with
a Categorical Exemption under the California Environmental
Quality Act (CEQA)
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):
161 Alice Street (between S. 1
st Avenue & S. 2
nd Avenue)
3.Entity or person undertaking
project:
A.
B.Other (Private)
(1)Name Thomas Li of Prestige Design, Planning
& Development, Applicant
(2)Address PO Box 660866
Arcadia, CA 91066
4.Staff Determination:
The Lead Agencys 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 (In-Fill 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: April 21, 2022 Staff: Edwin Arreola, Assistant Planner
46
DATE: May 10, 2022
TO: Honorable Chair and Planning Commission
FROM: Jason Kruckeberg, Assistant City Manager/Development Services Director
Lisa L. Flores, Planning & Community Development Administrator
SUBJECT: MINOR USE PERMIT NO. MUP 21-08, ARCHITECTURAL DESIGN
REVIEW NO. ADR 21-12, GENERAL PLAN CONSISTENCY NO. 22-01,
TENTATIVE PARCEL MAP NO. TPM 21-02, A DENSITY BONUS AND A
STREET VACATION ALONG WITH AN ENVIRONMENTAL IMPACT
REPORT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) FOR THE ALEXAN ARCADIA MIXED-USE DEVELOPMENT,
WITH 319 RESIDENTIAL UNITS, INCLUDING 26 AFFORDABLE UNITS,
LOCATED AT 150 N. SANTA ANITA AVENUE
Recommendation: Adopt Resolution No. 2093 Recommending
Approval to the City Council
SUMMARY
The applicant, Arcadia Apartments, LLC, on behalf of the property owner, Pi Properties
and 111 LLC, is requesting approval of Minor Use Permit No. MUP 21-08, Architectural
Design Review No. ADR 21-12, Tentative Parcel Map No. TPM 21-02, and General Plan
Consistency No. 22-01 to construct a new mixed-use development at 150 N. Santa Anita
Avenue and surrounding properties. The project includes a density bonus and a street
vacation and will result in a seven-story mixed-use building containing 319 residential
units, including 26 affordable units and eight live-work units. The existing eight-story office
building will remain on site as well as the one-story Bank of America drive-through ATM
use, and a plaza will be constructed to connect these existing uses to the new building.
A parking structure will be constructed as part of the mixed-use building and will include
551 parking spaces to be shared by all uses on site.
The proposed development is consistent with the Citys General Plan, Development
Code, and Subdivision Code. The Statement of Findings addresses the environmental
effects associated with the proposed project, as described in the Draft Environmental
Impact Report (EIR). It is recommended that the Planning Commission adopt Resolution
No. 2093 (Attachment No. 1) recommending approval of the project to the City Council,
subject to the conditions listed in this staff report.
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Figure 1 - Aerial of Subject Site
BACKGROUND
The project site consists of four parcels totaling approximately 2.96 acres in size, located
on the east side of N. Santa Anita Avenue, south of Santa Clara Street, and north of
Wheeler Avenue. The site is zoned Downtown Mixed Use (DMU) along with a H8 Height
Overlay, which allows construction up to 95 feet in height. The General Plan Land Use
Designation of the site is Downtown Mixed Use with a residential density allowance of 80
units per acre and a Floor Area Ratio of 1.0 refer to Attachment No. 2 for an Aerial
Photo with Zoning Information and Photos of the Subject Property. The property is
surrounded by commercial uses consisting of the REI retail location to the north, which is
zoned DMU, as well as the Gold Line Light Rail station, parking garage and transit plaza.
To the east is a public alley and the Arcadia Post Office site, and to the south across
Wheeler Avenue is the Citys public parking lot, all zoned DMU. To the west across Santa
Anita Avenue is the Rusnak Mercedes Benz dealership (zoned as Central Business
District) and other properties zoned DMU (see Figure 1 below for an aerial of the site).
PROPOSAL
Three of the existing buildings on site, those addressed as 30 E. Santa Clara, 25 Wheeler
Avenue, and 31 Wheeler Avenue, will be demolished as part of the project. The existing
eight-story office building and associated one-story Bank of America building, will remain
on site and will share parking with the new building. Additionally, an open plaza area will
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Figure 2 Site Plan
be constructed to connect the existing buildings with the new mixed-use development,
along with a small 750 square foot café use. The drive through ATM use will remain.
The proposed mixed-use development consists of the construction of a seven-story
building with five stories of residential units (319 units) over two subterranean levels of
parking and additional project parking on levels one and two. Of the 319 residential units,
26 will be reserved for affordable housing at the very low-income level. The ground floor
of the building along Wheeler Avenue will consist of eight live-work spaces and will convey
a commercial appearance. Similarly, the ground floor frontage along Santa Clara Street
will consist of the lobby, fitness area, and lounge for the associated residential units and
will also appear as commercial along the streetscape.
In order to achieve this project description, the applicant is proposing to consolidate the
existing four legal lots into two lots, one for the existing buildings along Santa Anita
Avenue at 35,609 square feet in size, and one for the new mixed-use development at
92,901 square feet in size refer to Attachment No. 3 for the Tentative Parcel Map and
Attachment No. 4 for the Architectural Plans. The proposed building will be 84-11 in
height, therefore the development will be in compliance with the maximum height of 95
feet. In addition to the commercial appearance of the street frontages, the project will
include refurbishment of the public alley to the east of the site into an improved accessway
to the parking structure and pedestrian connection between the Arcadia Gold Line Station
and Downtown Arcadia. See Figure 2 below for the overall site plan of the project area
and Figure 3 for the renderings of the project.
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Figure 3 - Renderings
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The proposed residential unit mix will be comprised of 64 studios, 168 one-bedroom units,
79 two-bedroom units, and 8 live-work units. These units will occupy the second through
the seventh floors of the building and will range in size from studios beginning at 508
square feet to 1,382 square feet for the largest of the two-bedroom units. Of these units,
26 will be provided as affordable housing units to be reserved for residents at the very
low-income level per Los Angeles Countys affordability standards. By providing 11%
affordable units at very low-income (based on the original allowed density), the project
qualifies for a density bonus per the Government Code of the State of California. This
density bonus permits an additional 35% of units on site, which is why the overall project
proposal of 319 units is permissible.
In terms of open space, the Alexan provides a substantial open space program for
residents. Level 3 of the building includes an outdoor pool area, fire pit, barbeque dining
area, game lounge and a lawn area, as well as an outdoor passive court area located in
the middle of the building. The project also includes private balconies and a game room
and roof deck on the top level.
In terms of parking, the project will provide a total of 551 parking spaces within the four
levels of the associated parking garage and several surface spaces. The parking supply
is meant for both the residents of the mixed-use building, as well as for the existing office
buildings that will remain on site. Access to the parking structure will be provided from
Santa Clara Street through the alley to the east of the project as well as from Wheeler
Avenue. Egress will be from these same locations as well as through the northwest corner
of the site adjacent to the Bank of America ATM travel lanes and onto Santa Anita. The
project will also include all electric vehicle, ADA van accessible, and bicycle parking
spaces required per the Development Code and associated regulations. Due the
provision of affordable housing units, as well as the proximity to the light rail station, the
project qualifies for reduction in parking requirements as a matter of right. Additional detail
and analysis on parking is provided below.
ANALYSIS
The project site is zoned DMU, which allows a mixed-use development subject to the
approval of a Minor Use Permit (MUP). A MUP is typically processed administratively by
staff, however since the proposed mixed-use development requires a Tentative Parcel
Map as well as a density bonus and street vacation, the MUP is subject to both Planning
Commission and City Council review. The purpose of the MUP is to ensure compatibility
with the surrounding uses and to promote an active pedestrian environment with
commercial uses located along street frontages. During a Study Session with the City
Council concerning the project, the Council stated that they were interested in a market
or specialty food store locating in this area as a way to activate the area and provide a
needed service for new residents. The applicant reviewed this plan with their commercial
team and concluded that the space would not be successful for such a use. A report was
generated illustrating these findings, called the Alexan Arcadia Market Analysis (see
Attachment No. 7). In addition, the City contracted with CBRE to provide a retail analysis
of this project which concluded that the findings in the Market Analysis are adequate (also
included in Attachment No. 7). In addition, an alternative was added to the Environmental
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Impact Report that evaluates the ground level of the Wheeler Avenue frontage as a
market use to compare impacts.
In order to provide a commercial frontage, the applicant has proposed eight live-work
units along Wheeler Avenue. These units will provide commercial uses and provide an
active streetscape along Wheeler. Residential uses are only permitted in conjunction with
a commercial use and are permitted above ground floor commercial. The subject property
is one of the few properties in Arcadia which is designated with an H8 Height Overlay,
allowing up to 95 feet in height. This was done to facilitate the existing eight story building
on the site many years ago but, given that this Overlay zone is in effect, no modification
is necessary given the maximum height of the building is proposed at 84-11 to the top
of the parapet.
The proposed mixed-use development requires approval of a Tentative Parcel Map to
consolidate the four existing parcels into two parcels. Parcel 1 will contain the one-story
Bank of America building (6,534 square feet), the eight-story office building (75,133
square feet) and its adjacent one-story building (1,586 square feet). Parcel 2 will contain
the new mixed-use building at 258,341 square feet of residential square footage, along
with eight live-work units. For purposes of computing Floor Area Ratio (FAR), the square
footage of the work portion of the live-work units was included with the other commercial
uses on the resulting two parcels. This results in 92,534 square feet of commercial floor
area, or an FAR of .72. Given that residential area is not included in the FAR calculation,
this FAR is below the maximum commercial FAR allowed of 1.0. The proposed
subdivision has been reviewed by the applicable City departments and it complies with
the subdivision regulations of the Arcadia Municipal Code and the State Subdivision Map
Act and will not violate any requirements of the California Regional Water Quality Control
Board.
Density Bonus and Affordable Housing
Senate Bill 1818 amended the States Density Bonus program, and it offers incentives for
the development of affordable housing for low income, moderate income, and senior
citizen households. The Arcadia Development Code refers to the applicable Government
Code when referencing density bonus law and the program allows developments to
receive a density bonus over and above the allowable base density if the appropriate
number of affordable units are provided. In this case, the developer is proposing 11% of
the units be set aside as affordable housing for very low-income households. With 11%
of the units affordable at this level, the project qualifies for a 35% density bonus per the
State. The table below shows the unit summary, including the allowable density.
Residential Component Calculation Number of Units
Base Density 80 du/acre 236
SB 1818 Unit Count 35% 319
Housing Type Provided
Market Rate Units 293
Affordable Units 26
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This is a density that is allowed by-right if the affordable units are provided. In order to
ensure that the allowable units are included, the Development Code requires that the
method proposed by the developer to maintain the continued affordability of the units be
provided. To this end, the developer will be recording a Density Bonus Housing
Agreement which will be reviewed by the City Attorney to ensure that the 26 affordable
units will be rented to individuals who qualify at very low-income levels. The Agreement
will also ensure that these units are maintained as affordable over time. These units will
be spread throughout the project and the covenant will be recorded prior to the issuance
of a Certificate of Occupancy.
In addition, the Government Code and the Arcadia Development Code allow developers
to seek concessions or waivers to certain zoning requirements along with density
bonuses. This can include relaxation of development standards such as parking or height,
setbacks, lot coverage, etc. In this case, the only development standard that is being
altered by the developer is parking. However, since the project is located in close
proximity to the light rail station AND is providing affordable housing units, the developer
is able to provide the units with less associated parking than the Code requires. This issue
is described in more detail below in the parking section, but is mentioned here because,
if necessary, the developer could request a concession that would be reviewed by the
Planning Commission and City Council. No concession is necessary, however.
Parking
The proposed project would redevelop a site containing existing surface parking for the
office building. As a result, a total of 183 existing surface parking spaces would be
replaced in the parking structure, with an additional six surface spaces remaining adjacent
to the building. The proposed parking structure will provide a total of 551 parking spaces,
contained in two subterranean levels and the first two levels of the new building. These
spaces are designed to be internal to the site, as the ground level on both street frontages
will include the live-work portion along Wheeler Avenue and the amenity portion of the
residential project along Santa Clara Street.
For the residential component of a mixed-use development, the Arcadia Development
Code generally requires 1.5 spaces per unit and 1 guest space for every 3 units. However,
AB 2345 amended the Density Bonus Law to provide that a city may not require more
than 0.5 spaces per unit, including guest and disability parking, for a development that
includes at least 11% very low-income units, is within one-half mile from a major transit
stop, and has unobstructed access to that transit stop. Accordingly, given the projects
provision of affordable housing and proximity to a major transit stop, for 319 units, the
required residential parking is 160 spaces. In addition to the 160 required spaces, the
applicant will provide an additional 193 spaces for a total of 353 spaces. Of those 353
residential parking spaces, State and local codes require that six (6) be accessible spaces
and two (2) be van accessible spaces.
So, per density bonus law, the required parking would be to replace the existing
commercial spaces (183 spaces), plus the 160 residential spaces for a total of 343
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spaces. With 551 spaces proposed, the development is meeting the legal requirements.
The table below provides a summary of the allocation of the parking spaces being
provided vs. what is required per law.
Parking Required Spaces
Commercial Parking to be replaced.
Eight-Story Office Building, drive through building, Café
183
Residential Parking per Density Bonus Law 160
TOTAL REQUIRED
343
Parking Provided Spaces
Commercial Parking to be replaced.
Eight-Story Office Building, drive through building, Café
183
Residential Parking for:
72 studios/live work units
247 one and two-bedroom units
368
TOTAL PROVIDED
551
Although the project meets the parking requirements per AB 2345, a more detailed
analysis was performed on expected parking demand and the sharing of parking spaces
between the proposed land uses. This can be found in Appendix K-2 of the EIR, the
Transportation Technical Memorandum. To summarize, the demand for parking was
reviewed on a 24-hour period based on utilization demand figures obtained for each land
use through the Institute of Traffic Engineers (ITE) Parking Generation Manual. Because
the commercial uses are not operating in the evening or night, which is the most impacted
period for the residential uses, many of the spaces are effectively shared during a
normal business day and evening. The study anticipates the highest demand for the
commercial use is between 10:00 AM on weekdays and Saturday, and for the residential
use overnight between 12:00 AM and 4:00 AM on weekdays and Saturday. The combined
weekday peak shared demand for all uses together would be at 10:00 AM on weekdays
and would result in a peak parking demand of 404 spaces. Similarly, peak parking
demand on Saturday for all uses would occur overnight when most residents were
present, resulting in a demand for 376 spaces. Therefore, the demand for all uses would
still fall below the overall parking supply proposed of 551 spaces. The fact that the project
is within a few hundred feet of the light rail station adds credibility to this analysis and the
overall parking needs. The Transportation Technical Memorandum does conclude,
however, that 376 parking spaces be reserved for residential uses at all times to
accommodate the maximum demand period for residential uses.
The Code also requires bicycle parking for mixed-use developments at a rate of 0.2
spaces per residential unit and 5% of non-residential parking. Based on 319 residential
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units and 171 non-residential parking spaces, 82 bicycle parking spaces are required.
The project will provide 82 bicycle parking spaces located on level 1 of the development.
This complies with the Code and exceeds the minimum requirement. Additionally, the
project will meet all ADA and Energy Efficient vehicle requirements.
Another issue that is of import for this project is construction parking and replacement
parking during construction. The applicant has identified a number of possibilities for
replacement parking, including the Gold Line (or L Line) Arcadia station, the Sierra Madre
Villa Station, and Santa Anita Park. Staging of construction vehicles is expected to occur
within the project boundaries. Given the size of the site, the staging should be able to be
handled without disrupting the surrounding parking lot or commercial uses. A detailed
replacement parking and construction parking and staging plan will be required prior to
the issuance of a building permit for the project.
Traffic and Circulation
Vehicular circulation to the Project site and parking structure is proposed with two two-
directional access points as well as two exit-only locations. Vehicular access and egress
to the Project site would be available from the alley on the eastern edge of the Project
site from Santa Clara. Additionally, vehicles would be able to exit the parking structure to
an exit-only driveway onto Santa Clara on the northwest portion of the site, adjacent to
the existing office building. The other entrance is available on the southwest corner of the
site via Wheeler Avenue. Vehicles would be able to both enter and exit from this point,
but the drive aisle on to Santa Anita at this location will be an exit only from the garage.
These access and egress points have been evaluated in the traffic study and reviewed
by the City Engineer and will be adequate for the project and its associated uses.
In terms of traffic, both the trips generated by the existing uses and the newly generated
trips were evaluated to determine any expected impacts on the traffic flow through the
area. A total of six intersections were analyzed as part of this project, including the
intersections of Santa Anita Avenue and Huntington Drive, Wheeler Avenue and Santa
Clara Avenue, and the intersections of First Avenue and those same three cross streets.
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Figure 4 Intersections that were Studied
A Level of Service (LOS) analysis was conducted on these intersections. Based on the
results of the LOS, site access, and parking analyses presented in Appendix K-2 of the
EIR (The Transportation Technical Memorandum), the following summarizes the key
findings:
The proposed Project would generate 1,424 net daily trips, 132 net AM peak hour
trips (38 inbound and 94 outbound), and 166 net PM peak hour trips (100 inbound
and 66 outbound).
The six study area intersections currently and are forecast to operate at LOS E or
better under all analysis scenarios, which meets the Citys traffic impact
thresholds for the Downtown mixed-use district.
The proposed Project would not result in unacceptable queueing conditions into
or out of the Project site; however, the following recommendations are made:
o To restrict northbound left-turning movements from the ATM driveway exit
onto Santa Clara Street given the proximity of the Santa Anita
Avenue/Santa Clara Street intersection.
o Provide wayfinding signage at all parking garage ingress points for
customers prior to entering the garage.
o Provide wayfinding signage within the parking garage such that customers
are directed to the ATM drive-thru, and other users of the site are
channeled to parking spaces and garage exits.
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The full text of the traffic study and associated tables can be found in Appendix K-2, but
no significant impacts are expected as a result of the traffic generated by this project.
Architectural Design
The project is designed in a contemporary architectural style with an array of exterior
finishes consisting of stone tile veneer, architectural finished concrete, smooth and
textured stucco, wood-like screens and decorative metal elements (see Figure 5). This
portion of Downtown Arcadia is eclectic and consists primarily of one-story and two-story
buildings in various architectural styles. However, the existing eight-story office building
on site as well as the adjacent Gold Line Parking Structure and new four-story office
building to the north of the site provide urban, contemporary elements that the new
building will fit into. The proposed mixed-use development was designed to create a
streetscape environment that will promote pedestrian activity and provide a
complementary mix of residential and commercial uses. The project meets the Citys
Design Guidelines and achieves compatibility with the surrounding neighborhood as well
as the existing streetscape.
Figure 5 Rendering
As shown in Figure 5 -- the project includes thoughtful treatments of the ground levels
along both Santa Clara Street to achieve differentiation between the residential levels of
the building and the commercial feel of the streetscape. Along Wheeler, live-work units
are provided that include large, two-level window and strong stone veneer treatments that
conveys a work-space appearance. The corner along Wheeler is anchored with a
cantilevered element that frames a lobby and provides a unique treatment for the
residential levels above. The Santa Clara frontage provides the active portions of the
residential use, including the building lobby, fitness area, lounge area, etc. Walkways and
glazing accentuate this area and provide a nice interface with the right-or-way. Also, the
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large courtyard area in the northern portion of the building provides a visual break for the
streetscape at the third level of the building and provides excellent articulation and
openness for the units. This de-emphasizes the massing from this elevation and provides
light for many of the units.
The upper levels of the buildings are appropriately designed to create a distinction
between the residential uses from the ground floor commercial/amenity spaces. In
addition, the parking levels will be adequately concealed as the structure is wrapped with
the commercial storefronts and access is taken for the most part off of the alley and
internal drives. A balanced color and material palette is used to provide neutral colors and
accent finishes that complement the area and the adjacent eight-story office building.
Again, the proposed overall design is consistent with the Citys Design Guidelines and is
compatible with the surrounding area.
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.
Open Space
The Code requires a minimum of 100 square feet of open space for each residential unit
in the DMU zone (31,900 square feet total). The proposed mixed-use development
provides a mix of public and private open space throughout the project that exceeds this
requirement. Private balconies are provided for many of the units in addition to an interior
courtyard area, a pool courtyard, and a roof deck. The public spaces include a barbeque
area in addition to the pool area, a lawn/grassy area, landscaped and hardscape areas
with various seating and lounging areas. While the private balconies and patios are
located to provide privacy from the office building to the west, the public open spaces are
sited to offer views of the mountains and also include gaming areas and opportunities for
entertainment. The public open spaces total 17,398 square feet while the private open
space makes up 23,957 square feet for a total of 41,355 square feet. The project provides
significantly more open space than what is required by Code, with the intent to provide
residents with usable outdoor areas for recreational activities.
The project also proposes two additional common areas that provide open areas for the
project, the plaza between the new building and the existing office building and the alley
to the east of the project. While both of these areas do provide vehicular access points to
the parking garage, they also serve as pedestrian only accessways. The plaza between
the building provides easy access to the office building from the parking garage and
includes seating and gathering areas which will be served well by the new café to be
added. The alley on the east side of the property is a public alley that will be used as a
direct access point from the Gold Line Station to Downtown Arcadia and will also serve
as a place for pedestrians and cyclists to move through the area.
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FINDINGS
Minor Use Permit
Section 9107.09.050(B) of the Development Code requires that for a Minor 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 proposed mixed-use project
would be consistent with the General Plan Land Use Designation of Downtown
Mixed Use, which allows a residential density of 80 units per acre and a
commercial floor area ratio of 1.0. This land use designation allows mixed-use
developments and strongly encourages a pedestrian-oriented environment with a
complementary mix of commercial and residential uses. The proposed live-work
units will help generate increased activity along Wheeler Avenue and will convey
a commercial appearance along the street. The proposed mixed-use development
will not adversely affect the comprehensive General Plan and is consistent with
the following General Plan goals and policies:
Land Use and Community Design Element
Policy LU-1.1: Promote new infill and redevelopment projects that are
consistent with the Citys land use and compatible with surrounding existing
uses.
Policy LU-1.8: Encourage development types that support transit and other
alternative forms of transportation, including bicycling and walking.
Policy LU-4.2: Encourage residential development that enhances the visual
character, quality, and uniqueness of the Citys neighborhoods and districts.
Policy LU-4.3: Require the provision of adequate private and common open
space for residential units. Require sufficient on-site recreational facilities to
meet the daily needs of residents, if possible, commensurate with the size
of the development.
Policy LU-6.4: Encourage design approaches that create a cohesive,
vibrant look and that minimize the appearance of expansive parking lots on
major commercial corridors for new or redeveloped uses.
Policy LU-6.5: Where mixed use is permitted, promote commercial uses that
are complementary to adjacent residential uses.
2. The proposed use is allowed within the applicable zone, subject to the
granting of a Minor Use Permit, and complies with all other applicable
provisions of this Development Code and the Municipal Code.
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Facts to Support This Finding: The subject site is zoned Downtown Mixed Use
(DMU), which allows for mixed-use developments subject to the approval of a
Minor Use Permit (MUP). The proposed project complies with all the development
standards of the DMU zone, including but not limited to setbacks, height, open
space, parking dimensions and aisleways, etc. The project provides the requisite
number of very low-income units to qualify for a density bonus AND relaxation of
parking requirements per density bonus law under SB 1818 and AB 2345. As such,
the project meets the Municipal Code requirements as well as State law.
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.
Facts to Support This Finding: The subject site is 128,510 square feet in size
and is located in the Downtown Mixed Use (DMU) zone. The site is surrounded by
commercial uses consisting of the Rusnak Mercedes Benz dealership to the west
across Santa Anita Avenue, which is zoned Central Business District, as well as
other office uses zoned for DMU. A retail use (REI) is located to the north across
Santa Clara along with the Gold Line Parking Structure and rail station. To the
south of the project is commercial parking owned by the City which serves the
commercial uses along Huntington Drive to the south as well as the other buildings
along Wheeler Avenue. To the east is the post office site and another mixed-use
project. All of the surrounding properties are zoned DMU, with the exception of
Rusnak Mercedes Benz. The project embodies what the goals of the DMU zone
are, with a mix of and commercial uses. The project will also provide residential
uses that will support the commercial uses in this area. Therefore, the development
and operation of the mixed-use development will be compatible with the existing
and future land uses in the vicinity.
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 project site is 128,510 square feet in
size and can physically accommodate the proposed mixed-use
development. The residential component of the project will provide a density
of 108 units per acre, which is in compliance with the maximum density for
the area due to the density bonus permitted as a result of the affordable
housing units being provided. The commercial component of the project will
have a floor area ratio (FAR) of 0.72, which is in compliance with the
maximum allowable FAR of 1.0. Additionally, the amount of on-site parking
that will be provided for this project meets and exceeds the minimum
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required by State law for projects providing affordable housing units that are
in close proximity to the Gold Line Station. To provide a reality check of
the parking situation, a parking demand analysis was provided as part of
the Environmental Impact Report for the project. The analysis concluded
that ample parking is provided to serve the shared uses of the site.
Therefore, the site is physically suitable to accommodate the proposed
mixed-use development.
b. Streets and highways adequate in width and pavement type to
accommodate public and emergency vehicle (e.g., fire and medical)
access.
Facts to Support This Finding: The project site is located on the south
side of Santa Clara Street through to the north side of Wheeler Avenue to
the west of Santa Anita Avenue. These streets are adequate in width and
pavement type to carry emergency vehicles and traffic generated by the
proposed use on the site.
c. Public protection services (e.g., fire protection, police protection,
etc.).
Facts to Support This Finding: The Fire and Police Departments have
reviewed the application and determined that there will be no impacts to
public protection services. The need for new or altered Fire or Police
services is usually associated with substantial population growth. The
proposed mixed-use development is not anticipated to cause substantial
population growth; therefore, no impacts to public protection services are
anticipated. Development of Downtown Arcadia has been anticipated and
planned for since the General Plan was updated in 2010. Mixed use
developments and residential units have been expected since that time on
the part of public protection services.
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: As part of the development, new utility
connections, including connections for potable water and storm drainage,
will be required. Implementation of best management practices during
construction and operation would ensure impacts to water quality do not
occur. The site can be adequately served by all required utilities through
interconnection with existing utilities within City rights-of-way abutting the
site.
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
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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 proposed mixed-use development is not
anticipated to have adverse effects on the public health or welfare, or the
surrounding neighborhood. The project will be compatible with the surrounding
commercial and residential uses in the general area. Additionally, the
Environmental Impact Report prepared for the project assessed all the potential
impacts from the project and it was determined that there would be no significant
impacts to traffic, noise, air quality, or water quality. 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.
Tentative Parcel Map
The proposal includes a parcel map to consolidate the four existing lots into two and to
vacate a public alley see Attachment No. 3 for Tentative Parcel Map No. TPM 21-02.
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:
6. The proposed map, subdivision design, and improvements are consistent
with the General Plan, any applicable specific plan, and the Subdivisions
Division of the Development Code.
Facts in Support of the Finding: Approval of the proposed mixed-use
development with a tentative parcel map to divide the ground parcels is consistent
with the Downtown Mixed Use Land Use designation as it is intended to
accommodate mixed-use developments. The project has been reviewed for
compliance with the Citys General Plan, Development Code, and the State
Subdivision Map Act. It has been determined that the proposed subdivision is
consistent with the General Plan Downtown Mixed-Use Land Use designation and
the Downtown Mixed-Use zoning standards. The site is physically suitable for this
type of development and the architectural design of the building is compatible with
the scale and character of the surrounding area. The proposed tentative parcel
map complies with the Subdivision Map Act regulations and there is no specific
plan applicable to this project. The project will not adversely affect the
comprehensive General Plan and is consistent with the following General Plan
goals and policies:
Land Use and Community Design Element
Policy LU-1.1: Promote new infill and redevelopment projects that are
consistent with the Citys land use and compatible with surrounding existing
uses.
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Policy LU-1.8: Encourage development types that support transit and other
alternative forms of transportation, including bicycling and walking.
Policy LU-4.2: Encourage residential development that enhances the visual
character, quality, and uniqueness of the Citys neighborhoods and districts.
Policy LU-4.3: Require the provision of adequate private and common open
space for residential units. Require sufficient on-site recreational facilities to
meet the daily needs of residents, if possible, commensurate with the size
of the development.
Policy LU-6.4: Encourage design approaches that create a cohesive,
vibrant look and that minimize the appearance of expansive parking lots on
major commercial corridors for new or redeveloped uses.
Policy LU-6.5: Where mixed use is permitted, promote commercial uses that
are complementary to adjacent residential uses.
7. The site is physically suitable for the type and proposed density of
development.
Facts in Support of the Finding: The project site is approximately 128,510
square feet in size and is physically suitable for the proposed mixed-use
development. The MU zone allows a maximum residential density of 80 units per
acre and a floor area ratio (FAR) of 1.0 for non-residential uses. However, the
Arcadia Municipal Code and State law allow a density bonus process and parking
relaxation if affordable housing is provided and the findings for the density bonus
can be made in this case. The density of 108 dwelling units per acre fits within the
physical constraints of the site and the project proposes a commercial FAR of 0.72
and a height of 8411, both within the limitations required by the site. Therefore,
the project is in compliance with the Development Code and the site is physically
suitable for the proposed development.
8. The design of the subdivision and the proposed improvements are not likely
to cause substantial environmental damage or substantially and avoidably
injure fish or wildlife or their habitat.
Facts in Support of the Finding: The proposed tentative parcel map to
consolidate and reform existing parcels for the proposed mixed-use development
is a minor subdivision of an infill site within an urbanized area; therefore, it will not
cause substantial environmental damage or substantially and avoidably injure fish
or wildlife or their habitat.
9. The design of the subdivision or type of improvements is not likely to cause
serious public health or safety problems.
Facts in Support of the Finding: The proposed subdivision will consolidate and
reform existing parcels in a commercial infill setting for a proposed mixed-use
development. The construction of the proposed development will be carried out in
compliance with Building and Fire Codes and all other applicable regulations. The
Citys existing infrastructure will adequately serve the new development. In
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addition, the project meets all health and safety requirements, and will not cause
any public health or safety problems.
10. The design of the subdivision or the type of improvements will not conflict
with easements acquired by the public at large for access through or use of,
property within the proposed subdivision (This finding shall apply only to
easements of record or to easements established by judgement of a court of
competent jurisdiction and no authority is hereby granted to a legislative
body to determine that the public at large has acquired easements for access
through or use of property within the proposed subdivision).
Facts in Support of the Finding: The proposed design of the subdivision does
not conflict with easements acquired by the public at large for access through or
use of, property within the proposed subdivision. Part of the project is the vacation
of an existing public alley within the site. This alley is not currently used
substantially nor is it necessary for the public good in any way. There are no
conflicts with any other easements on the subject property.
11. The discharge of sewage from the proposed subdivision into the community
sewer system will not result in violation of existing requirements specified
by the California Regional Water Quality Control Board.
Facts in Support of the Finding: The Arcadia Public Works Services Department
determined that the Citys existing infrastructure will adequately serve the new
development, and the requirements of the California Regional Water Quality
Control Board will be satisfied.
12. The design of the subdivision provides, to the extent feasible, passive or
natural heating and cooling opportunities.
Facts in Support of the Finding: The proposed tentative tract map and mixed-
use development have been reviewed by Building Services to ensure compliance
with the California Building Code, which includes requirements associated with
heating and cooling requirements.
13. The proposed subdivision, its design, density, and type of development and
improvements conforms to the regulations of the Citys Development Code
and the regulations of any public agency having jurisdiction by law.
Facts in Support of the Finding: The proposed parcel map as conditioned, and
following the application of a density bonus, complies with the density
requirements of the Citys Development Code, and all the improvements required
for the site and each unit will comply with the regulations in the Citys Development
Code.
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Density Bonus
The proposal includes a density bonus of 35%, which is allowed based on the provision
of 11% of the units being designated for very low-income residents. The findings below
are required for a density bonus to be permitted.
14. The Project will be consistent with the General Plan, except as provided by
this section with regard to maximum density, density bonuses, and other
incentives and concessions.
Facts in Support of the Finding: The project is consistent with the Downtown
Mixed Use land use designation in the General Plan, as well as the zoning
requirements of the DMU zone. The Project meets the following policies of the
General Plan Land Use Element: LU-1.1, LU-1.8, LU-4.2, LU 4.3, LU-6.4, and LU-
6.5.
15. The approved number of dwellings can be accommodated by existing and
planned infrastructure capacities.
Facts in Support of the Finding: The project proposes 319 dwelling units, which
includes 26 affordable units and 8 live-work units. All relevant utility providers and
service providers reviewed the proposed project and have declared that the project
can be served with existing and/or planned infrastructure. The Arcadia General
Plan has anticipated mixed-use development in Downtown Arcadia since 2010.
The infrastructure has been reviewed and analyzed with this in mind and the
project can be accommodated.
16. Adequate evidence exists to indicate the project will provide affordable
housing in a manner consistent with the purpose and intent of this Section.
Facts in Support of The Finding. The applicant has submitted a draft Density
Bonus Housing Agreement which specifies that 26 units will be provided for low
and very low-income residents. This document must be recorded prior to the
issuance of a Certificate of Occupancy for the project and shall run with the
property. This will provide the necessary surety that these units will remain
affordable over time.
17. In the event that the City does not grant at least one financial concession or
incentive as defined in Government Code Section 65915 in addition to the
density bonus, that additional concessions or incentives are not necessary
to ensure affordable housing costs as defined in Health and Safety Code
Section 50052.5, or for rents for the targeted units to be set as specified in
Government Code 65915(C.).
Facts in Support of the Finding: The project is proposing a density bonus of 35%
based on the provision of 11% affordable units at the very low-income level, which
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is allowable per State law. In addition, the project is utilizing the parking relaxation
requirements allowed through AB 2345 due to the provision of affordable housing
and proximity to transit. As such, the project can meet all other zoning
requirements and standards and no concessions or incentives are necessary to
meet the targeted affordability.
18. There are sufficient provisions to guarantee that the units will remain
affordable for the required time period.
Facts in Support of the Finding: The developer has submitted a draft Density
Bonus Housing Agreement which will be finalized and agreed to by both parties
prior to recordation. The document will be required to be recorded prior to the
issuance of a Certificate of Occupancy for the project.
Street Vacation and General Plan Consistency
As part of the project, the public alley running east-west from the eastern boundary of the
site is proposed to be vacated. At the April 5, 2022, City Council Meeting, the City Council
announced its intent to hold a public hearing on this matter. In advance of that, State law
(Government Code Section 65402) requires that the Planning Commission is to review
the vacation request and determine if the vacation is consistent with the General Plans
Circulation Element. In this case, the public alley is not used broadly by the public and
serves no purpose within the development. The alley was previously in place to provide
access to the original lots and their associated buildings however, all of these buildings
are proposed for demolition and the alley is no longer necessary. Any utilities in the alley
will be abandoned and are no longer necessary for the City or adjoining parcels. This has
been made clear on the associated Tentative Parcel Map for the project.
If the public alley was to remain in place now that the buildings will be demolished, it
would preclude the ability of the developer to build a cohesive project that includes a joint
parking garage to provide parking for the residential use and the existing commercial
office buildings. By vacating the alley, the City is allowing the lots to be effectively joined
to create an assembly of parcels that allow the mixed use project to be built, furthering
the Citys goal to attract mixed-use development in Downtown Arcadia. As such, the
vacation of the alley in question is compliant with the Arcadia General Plan and meets
the following policies of the General Plan Circulation Element:
Policy CI-1.2: Implement street design standards on arterial corridors consistent
with the Master Plan of Roadways to address bicycle facilities, sidewalks, and on-
street parking that are context sensitive to adjacent land uses and districts, and to
all roadway users, where appropriate.
Policy CI-7.1: Ensure that parking requirements in the Citys zoning regulations
appropriately reflect the needs of businesses, residents, and institutions, and the
evolving nature of personal transportation (for example, electric or other alternative
fuel vehicles, car sizes, increased bicycle use).
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Policy CI-7.2: Accommodate shared use of public and private parking facilities
within business districts and where joint use of parking lots is appropriate given the
uses sharing the facilities.
ENVIRONMENTAL ASSESSMENT
An Environmental Impact Report (EIR) was prepared for this project by Dudek to evaluate
potential environmental impacts that would result from implementation of the project
(State Clearinghouse No. 2021070271). Please see the link to the EIR and associated
technical studies as Attachment No. 5 to this Staff Report.
The EIR provides an introduction, review of the environmental setting for the project, a
project description, a review of all the required sections for environmental analysis, and
a review of alternatives. The sections of environmental analysis that were reviewed
include:
Aesthetics
Air Quality
Cultural Resources
Energy
Geology and Soils
Greenhouse Gas Emissions
Hazards and Hazardous Materials
Hydrology and Water Quality
Land Use and Planning
Noise
Population and Housing
Public Services and Recreation
Transportation
Tribal Cultural Resources
Utilities and Service Systems
Upon a complete review of all of the topics listed above, the EIR concluded that there are
a number of mitigation measures required for the project. With the incorporation of these
mitigation measures, however, the project will have no significant impacts. As such, a
Mitigation Monitoring and Reporting Program (MMRP) will be provided to ensure that
these mitigations occur. A summary of the required mitigations is provided below. For a
full description of the mitigations, please see the EIR (link provided as Attachment No. 5):
MM-CUL-1: Requirement for a Worker Environmental Awareness Program to
educate those on the site as to archaeological resources that may be uncovered
during grading, excavation or construction and requirements for procedures to
protect any archaeological resources.
MM-GEO-1: Requirement for retention of a paleontologist to educate workers and
prepare guidelines for awareness of potential paleontological resources and
procedures of they are located.
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MM-HAZ-1: Ensure that demolition contractor incorporates proper abatement
requirements for hazardous materials during demolition.
MM-HAZ-2: Soil Management Plan related to the potential presence of
contaminated materials during excavation.
MM-HAZ-3: Soil Vapor Mitigation design features prior to grading permit.
MM-TRA-1: Requirement for City-approved construction traffic control plan.
MM-TCR-1: Retention of a Native American monitor from the Kizh Nation prior to
any ground disturbance activities to ensure protection of any Tribal cultural
resources.
MM-TCR-2: Ensure any human remains are reported to Coroner and proper
protections are in place.
MM-TCR-3: Protocols in the event that human remains are discovered which are
relevant to the Tribe.
The Draft EIR was distributed for public review on February 24, 2022, and the public
review period was from February 24, 2022, through April 11, 2022. Comment letters were
received from the following interested parties. Copies of all of the comment letters are
included within Attachment No. 6.
Caltrans
Lozeau Drury on behalf of Supporters Alliance for Environmental Responsibility
David Fu on behalf of property owner Dong Chang, MD.
Mitchell Tsai on behalf of the Southwest Regional Council of Carpenters
A Response to each of the comments received is also included within Attachment No. 6.
PUBLIC NOTICE/COMMENTS
A public hearing notice for this item was published in the Arcadia Weekly newspaper and
mailed to the property owners located within 300 feet of the subject property on April 7
and again on April 21, 2022. The project had originally been scheduled for the April 26,
2022 public hearing but was moved to May 10, 2022. In order to be clear with the hearing
date, the second notice was published and mailed on April 21 advertising the May 10
date. Except for the comments listed above related to the Draft EIR, as of May 5, 2022,
no public comments were received regarding this project.
RECOMMENDATION
It is recommended that the Planning Commission recommend approval of Minor Use
Permit No. MUP 21-08, Architectural Design Review No. ADR 21-12, Tentative Parcel
Map No. TPM 21-02 along with a density bonus and street vacation to the City Council,
and adopt Resolution No. 2093, subject to the following conditions of approval:
1. The Applicant/Property Owner shall prepare and execute a Density Bonus Housing
Agreement that will ensure that at least 26 units are reserved on site as housing for
very low-income residents. The Density Bonus Housing Agreement must be
recorded in the Office of the Los Angeles Recorders office prior to the issuance of
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a Certificate of Occupancy for the project. Prior to recordation, the Applicant/Owner
shall submit the Agreement to the City for review and approval by the City and shall
obtain the City Attorneys approval thereof. For this purpose, the Applicant/Owner
shall submit to the City with the proposed Agreement a deposit of $7,500 for
purposes of such review, of which any funds remaining after review of the
Agreement by the City shall be returned to the Applicant/Owner.
2. A declaration of covenants, conditions and restrictions (CC&Rs) providing for
reciprocal parking and access between both properties shall be prepared by the
Applicant and recorded against both properties in the Office of the Los Angeles
County Recorders Office after the final map has been recorded. Prior to their
recordation, the Applicant/Owner shall submit the CC&Rs to the City for review and
approval by the City, and shall obtain the City Attorneys approval thereof. For this
purpose, the Applicant/Owner shall submit to the City with the proposed CC&Rs a
deposit of $3,000 for purposes of such review, of which any funds remaining after
review of the CC&Rs by the City shall be returned to the Applicant/Owner.
3. The Applicant/Property Owner shall provide wayfinding signage at all parking
garage ingress points for customers prior to entering the garage and providing
wayfinding signage within the parking garage such that customers are directed to
the ATM drive-thru, and other users of the site are channeled to parking spaces
and garage exits.
4. Where parking serves more than one accessible entrance, accessible parking
spaces shall be dispersed and located on the shortest accessible route to the
accessible entrances.
5. A wheel stop shall be provided for each parking space adjacent to and facing a wall,
building, walkway, utility cabinet, or structure. The wheel stops shall be set a
minimum of 36 inches from the forward end of the parking space and shall be six
inches high and in accordance with the Citys Development Code. All parking stalls
shall also be double-striped to provide a parking stall with a 9-foot width, measured
to the center of the lines. Said plan shall be subject to review and approval by the
Planning and Community Development Administrator, or designee, prior to
submitting the plans into Building Services for plan-check.
6. Tree removal shall not occur during the local nesting season (February 1 to
September 15 for nesting birds and February 1 to June 30 for nesting raptors), to
the extent practicable. If any construction or tree removal occurs during the nesting
season, a nesting bird survey shall be conducted by a qualified biologist prior to
commencement of grading or removal of any trees on the property. If the biologist
determines that nesting birds are present, restrictions may be placed on
construction activities in the vicinity of the nest observed until the nest is no longer
active, as determined by a qualified biologist. The size of the protective barrier will
be determined by the biologist based on the location of the nest, type of construction
activities, the existing human activity in the vicinity of the nest and the sensitivity of
the nesting species. Grading and/or construction may resume in this area when a
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qualified biologist has determined the nest is no longer occupied and all juveniles
have fledged. This measure shall be implemented to the satisfaction of the Planning
& Community Development Administrator, or designee.
7. The final map must be approved and recorded by the Los Angeles County
Recorders Office prior to issuance of a building permit.
8. The final landscape plans must be submitted at the same time as the building and
architectural plans to Building Services for plan-check. The Project shall be
developed and maintained by the Property Owner/Applicant in compliance with all
of the recommended tree protection measures and maintenance (prior, during and
after construction), as listed in the Arborist Report, dated September 2021.
9. The Project shall comply with Chapter 35A Multi-Family Construction Standards as
amended in the Arcadia Municipal Code Section 8130.20.
10. During all Project site construction, all construction -related activities, including
maintenance of construction equipment and the staging of haul trucks, shall be
limited to between the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday
and between 8:00 a.m. and 5:00 p.m. on Saturday. No construction is permitted on
Sundays and holidays specified in the Citys Municipal Code.
11. The Project shall be developed and maintained by the Applicant/Property Owner in
a manner that is consistent with the plans submitted and conditionally approved for
Minor Use Permit No. MUP 21-08, Architectural Design Review No. ADR 21-12,
and Tentative Parcel Map No. TPM 21-02), subject to the satisfaction of the
Planning & Community Development Administrator or designee. Noncompliance
with the plans, provisions and conditions of approval shall be grounds for immediate
suspension or revocation of any approvals.
12. The Applicant/Property Owner shall be responsible for the repair of all damage to
public improvements in the public right-of-way resulting from construction related
activities, including, but not limited to, the movement and/or delivery of equipment,
materials, and soils to and/or from the site. This shall be determined by the Planning
and Community Development Administrator and Public Works Director during
construction and up until issuance of a Certificate of Occupancy.
13. Prior to issuance of a building permit, the Applicant/Property Owner shall submit a
parking management plan providing how replacement parking for the existing uses
on site shall be provided, including signed leases with adjacent properties as
needed. The parking management plan shall include a staging plan for construction
parking and staging and conditions for the management of replacement and
construction parking so as to minimize impacts on surrounding public parking areas
and street parking. Said plan shall be subject to review and approval by the
Planning and Community Development Administrator, or designee.
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14. Prior to the issuance of a Certificate of Occupancy, it must be verified that at least
376 parking spaces are designated for residential uses and 82 bicycle parking
spaces are provided.
15. 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
16. All utility conductors, cables, conduits and wiring supplying electrical, cable and
telephone service to the building shall be installed underground except risers
which are adjacent to and attached to a building.
17. The grading plans shall indicate all site improvements and shall indicate complete
drainage paths of all drainage water run-off.
18. The Applicant shall conduct pre-construction surveys prior to excavation, and
existing improvements on the adjacent property at 100 N. Santa Anita Avenue
shall be inspected and the pre-construction condition shall be documented.
During construction, all recommendations of the geotechnical investigation shall
be followed and the building at 100 N. Santa Anita Avenue shall be monitored
during drilling and pile installation, and periodically throughout construction.
Professionals representing 100 N. Santa Anita Avenue may participate in the
preconstruction survey and monitoring activity at their own expense.
19. The Applicant/Property Owner will be required to pay the Citys Map and Final
Approval Fee prior to approval of the Final Map.
20. Prior to occupancy, the developer shall repair any damages caused by the
development to the asphalt street frontages from property line to property line
including but not limited to trench cuts and construction traffic, per the direction of
the City Engineer.
21. As part of the Final Parcel Map, the developer shall dedicate additional right-of-
way as follows:
a. Santa Anita Avenue Five-foot additional dedication
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b. Santa Clara Street adjacent to Bank of America building four-foot
additional dedication.
c. Santa Clara Street adjacent to new building one-foot additional
dedication and five-foot easement.
d. North/South Alley five-foot public access/walkway easement adjacent to
the alley.
e. All driveways sufficient easements to accommodate ADA sidewalk access
f. Street/Driveway corners triangular cutbacks as necessary for ADA
accessible ramp purposes
g. All portions of sidewalks with obstructions sufficient easements where
public right-of-way does not exist to accommodate public sidewalk around
obstacles.
22. Prior to the approval of the Final Parcel Map the developer shall either construct
or post security for all public improvements as follows:
a. Remove and replace existing sidewalk, curb and gutter along all property
frontages from property line to property line to the satisfaction of the City
Engineer. Include additional sidewalk to provide adequate clearances
around all obstacles.
b. Construct new ADA accessible ramps at all corner and driveways.
c. Coordinate with Public Works Services on protection of street trees along
Wheeler Avenue and the installation of any new street trees.
d. Remove and replace all drive approaches per City standard plan.
e. Remove and replace the pavement in the alley adjacent to the development
in conformance with the Citys Downtown Alleys Improvement Plan.
23. The building shall be fully sprinklered per the City of Arcadia Fire Department
Commercial Sprinkler Standard. The fire sprinkler system shall be monitored by a
UL listed central station. Notification appliances shall be provided in all common
areas and adjacent to sleeping areas in residential units. Visual appliances will be
provided in any units classified as being accessible.
24. An emergency responder radio coverage system is required.
25. Class 1 standpipes shall be provided in all stairwells to the roof level.
26. A knox box shall be provided at a location to be approved by the Fire Department.
Knox switches shall be provided for any automatic vehicular gates.
27. Fire extinguishers with a minimum rating of 2A:10BC shall be provided in all
common areas. Minimum travel distance shall be 75 feet.
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28. Illuminated exit signage and emergency lighting shall be provided for the parking
area and all other common paths of egress.
29. Minimum fire flow is 1,500 gpm at 20 psi.
30. A minimum of one elevator capable of accommodating a 24-inch by 84-inch
ambulance stretcher/gurney shall be provided.
31. New public hydrants shall be provided on Santa Clara Street and Wheeler Avenue
on the street frontage of the property.
32. The project is responsible for contributing a fair share payment toward the
installation of a cloud-based traffic mitigation system being completed by the Fire
Department. This fair share payment shall be attributed to the six (6) immediately
adjacent intersections evaluated in the Traffic Study for the project and the payment
shall not exceed $6,300.
33. The Developer shall provide calculations to determine the maximum domestic
demand, maximum commercial demand and maximum fire demand in order to
verify the required water service size required.
34. The Developer shall provide separate water services and meters for specific
residential, commercial, and irrigation uses. Backflow protection (approved reduced
pressure backflow preventer) shall be installed for all three services.
35. Domestic water service for residential units shall be provided by a common master
meter. Any condominiums shall require a separate water service and meter for
common area landscape irrigation.
36. All fire protection requirements shall be as stipulated by the Arcadia Fire
Department. In the event that fire suppression is common to the complex, a
separate fire service with Double Check Detector Assembly (DCDA) shall be
required as directed by the Fire Marshal.
37. A Water Meter Clearance Application shall be submitted to the Public Works
Services Department prior to final permit issuance.
38. New water service installations shall be installed by the Developer. Installation shall
be according to the specifications of the Public Works Services Department,
Engineering Section. Abandonment of existing water services, if necessary, shall
be carried out by the Developer, according to Public Works Services Department,
Engineering Section specifications.
39. If connecting to a City sewer main, the Applicant/Property Owner shall utilize
existing sewer lateral(s) if possible. If any existing sewer lines serving other
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properties must be relocated, repaired, or upsized in any way, the developer shall
be responsible for this work and for maintaining sewer service for any impacted
properties throughout construction.
40. If any drainage fixture elevation is lower than the elevation of the next upstream
manhole cover, an approved backwater valve is required.
41. All existing street trees shall remain and be protected on Wheeler. No trees required
on Santa Anita or Santa Clara.
42. The proposed Project is subject to the State Water Resources Control Boards
NPDES General Construction Permit requirements:
a. Applicant submit Notice of Intent along with applicable fees to the State.
b. Applicant to prepare a Stormwater Pollution Prevention Plan.
c. City will not issue a grading permit until Waste Discharge ID # can be
furnished.
43. Developer shall size the trash enclosure(s) accordingly. Separate bins/carts shall
be provided for trash, recycling, and green waste/food waste. Placement and
volume of bins/carts shall be subject to review and approval of the Public Works
Department.
44. The Project requires a LID plan which shall comply with the Los Angeles County
Department of Public Works 2014 LID standard manual and show the selected
measures on the grading plan. Potential strategies include using infiltration
trenches, bioretention planter boxes, roof drains connected to a landscaped area,
pervious concrete pavers, etc.
45. 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 to the
satisfaction of the Building Official, City Engineer, Planning & Community
Development Administrator, Fire Marshal, and Public Works Services Director. Any
changes to the existing facility may be subject to having fully detailed plans
submitted for plan check review and approval by the aforementioned City officials
and employees and may subject to building permits.
46. Noncompliance with the plans, provisions and conditions of approval for MUP 21-
08, ADR 21-12, TPM 21-02, a Density Bonus and a Street Vacation shall be
grounds for immediate suspension or revocation of any approvals, which could
result in the closing of the tutoring center.
47. 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,
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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 Applicants activities in connection with MUP 21-08, ADR 21-12, TPM
21-02, a Density Bonus and a Street Vacation on the Project site, and which may
arise from the direct or indirect operations of the Applicant or those of the
Applicants contractors, agents, tenants, employees or any other persons acting on
Applicants 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.
48. 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 Citys 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 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.
49. Approval of MUP 21-08, ADR 21-12, TPM 21-02, a Density Bonus and a Street
Vacation 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.
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Mitigation Measures as Conditions of Approval
The following conditions are found in the Mitigation Monitoring and Reporting Program
(MMRP). They are recorded here to facilitate review and implementation. More
information on the timing and responsible parties for these mitigation measures is
detailed in the MMRP.
50. MM-CUL-1 - Prior to commencement of construction activities, an inadvertent
discovery clause, written by an archaeologist, shall be added to all construction
plans associated with ground disturbing activities and the Project applicant shall
retain a qualified archaeologist, meeting the Secretary of the Interiors Professional
Qualification Standards for Archaeology, to prepare a Worker Environmental
Awareness Program (WEAP). The WEAP shall be submitted to the City of Arcadia
Planning and Community Development department (City) for review and approval.
All construction personnel and monitors shall be presented the WEAP training prior
to the start of construction activities. The WEAP shall be prepared to inform all
personnel working on the proposed Project about the archaeological sensitivity of
the area, to provide specific details on the kinds of archaeological materials that
may be identified during construction, to explain the importance of and legal basis
for the protection of significant archaeological resources, and to outline the actions
to be taken in the event of a discovery of cultural resources. Each worker shall also
learn the proper procedures to follow in the event that cultural resources or human
remains are uncovered during ground-disturbing activities. These procedures
include work curtailment or redirection, and the immediate contact of the site
supervisor and archaeological monitor.
The WEAP shall require that a qualified archaeologist be retained and on-call to
respond to and address any inadvertent discoveries identified during initial
excavation in native soils, which underly the 2-4 feet below ground surface (bgs) of
artificial fill soils. As it pertains to archaeological monitoring, this definition excludes
movement of sediments after they have been initially disturbed or displaced by
project-related construction. If potential archaeological resources (i.e., sites,
features, or artifacts) are exposed during construction activities for the proposed
Project, the City shall be notified and all construction work occurring within 50 feet
of the find shall immediately stop until a qualified archaeologist, meeting the
Secretary of the Interiors Professional Qualification Standards for Archaeology,
can evaluate the significance of the find and determine whether or not additional
study is warranted. The archaeologist shall be empowered to temporarily stop or
redirect grading activities to allow removal of abundant or large artifacts. Depending
upon the significance of the find under the California Environmental Quality Act
(CEQA) (14 CCR 15064.5[f]; PRC, Section 21082), the archaeologist may simply
record the find and allow work to continue. If the discovery proves significant under
CEQA, additional work, such as preparation of an archaeological treatment plan
and data recovery, may be warranted. The archaeologist shall also be required to
curate any discovered specimens in a repository with permanent retrievable
storage and submit a written report to the City of Arcadia for review and approval
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prior to occupancy of the first building on the site. Once approved, the final report
shall be filed with the South Central Coastal Information Center (SCCIC).
51. MM-GEO-1 - Prior to commencement of any grading activity on-site, the Applicant
shall retain a qualified paleontologist per the Society of Vertebrate Paleontology
(SVP) (2010) guidelines. The paleontologist shall prepare a Paleontological
Resources Impact Mitigation Program (PRIMP) for the Project. The PRIMP shall be
consistent with the SVP (2010) guidelines and shall outline requirements for
preconstruction meeting attendance and worker environmental awareness training,
where monitoring is required within the Project area based on construction plans
and/or geotechnical reports, procedures for adequate paleontological monitoring
and discoveries treatment, and paleontological methods (including sediment
sampling for microvertebrate fossils), reporting, and collections management. The
qualified paleontologist shall attend the preconstruction meeting and a
paleontological monitor shall be on-site during all rough grading and other
significant ground-disturbing activities in previously undisturbed, Pleistocene
alluvial deposits. These deposits may be encountered at depths as shallow as 5-10
feet below ground surface. In the event that paleontological resources (e.g., fossils)
are unearthed during grading, the paleontological monitor will temporarily halt
and/or divert grading activity to allow recovery of paleontological resources. The
area of discovery will be roped off with a 50-foot radius buffer. Once documentation
and collection of the find is completed, the monitor will remove the rope and allow
grading to recommence in the area of the find.
52. MM-HAZ-1 - Prior to the issuance of a demolition permit, the Project
applicant/developer or their designated contractor shall ensure that the demolition
contract incorporate abatement procedures for the removal of materials containing
asbestos, as identified in previous surveys, and identification and removal of
polychlorinated biphenyls, hazardous material, hazardous wastes, and universal
waste items. All abatement work shall be done in accordance with federal, state,
and local regulations, including those of the U.S. Environmental Protection Agency
(which regulates disposal), Occupational Safety and Health Administration, U.S.
Department of Housing and Urban Development, California Occupational Safety
and Health Administration (which regulates employee exposure), and the South
Coast Air Quality Management District. Confirmation of adequate removal of such
materials shall be provided to the City prior to the issuance of a building permit.
53. MM-HAZ-2 - Prior to the issuance of a grading permit, the Project
applicant/developer or their designated contractor shall prepare a soil management
plan (SMP) that outlines the proper screening, handling, characterization,
transportation, and disposal procedures for contaminated soils on site. The SMP
shall include health and safety and training procedures for workers who may come
in contact with contaminated soils. The health and safety procedures shall also
include periodic breathing zone monitoring and monitoring for VOCs using a
handheld organic vapor analyzer and include required actions to be taken if
concentrations of VOCs exceed applicable screening levels for health and safety of
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onsite workers. The SMP will be based on the findings of the Soil and Soil Vapor
Investigation prepared for the Project, will outline areas of known or suspected soil
contamination, and will be implemented by the applicant or their designated
contractor for all confirmed and suspected contaminated soils which require
excavation and offsite disposal. Contaminated soil shall be managed and disposed
of in accordance with applicable federal, state, and local regulations.
54. MM-HAZ-3 - Prior to the issuance of a grading permit, vapor mitigation design
features shall be implemented in accordance with the Department of Toxic
Substances Control (DTSC) Vapor Intrusion Mitigation Advisory for all future
residential buildings and enclosed structures. The construction contractor shall
incorporate vapor mitigation design features into building plans that reduce
potential vapor intrusion in buildings and enclosed structures on the Project site
below DTSC Screening Levels. Vapor mitigation systems may be passive or active
in nature, so long as they are designed to prevent vapor contamination on the
Project site in accordance with applicable DTSC regulations at the time the systems
are designed. Vapor mitigation systems must be reviewed and approved by the
permitting agency(ies) (City of Arcadia, County of Los Angeles) prior to construction
and prior to issuance of certificate of occupancy. Operation of the Project shall
maintain functionality of these features as required to continue protection from
vapor intrusion. Following completion of construction and occupancy of the
buildings, indoor air monitoring will occur semiannually for one year to verify
implemented measures are functioning properly and adequately mitigating vapor
intrusion to below residential DTSC Screening Levels. Results shall be submitted
to the City of Arcadia for confirmation of the adequacy of the designed systems. If
indoor air samples reveal vapor intrusion occurring at levels above applicable DTSC
Screening Levels, modifications shall be made, as necessary, to the designed
system to improve the efficacy in reducing vapor intrusion to below applicable
screening levels.
55. MM-TRA-1 - Prior to the issuance of demolition or grading permits, the Project
applicant/developer shall develop and implement a City-approved Construction
Traffic Control Plan. The Plan shall be prepared in accordance with applicable City
guidelines and shall address the potential for construction-related vehicular traffic,
as well as pedestrian and bicycle circulation disruption in the public right-of-way.
The Plan shall describe safe detours and shall include protocols for implementing
the following: temporary traffic controls (e.g., a flag person during heavy truck traffic
for soil export) to maintain smooth pedestrian and traffic flow; dedicated on-site turn
lanes for construction trucks and equipment leaving the site; scheduling of peak
construction truck traffic that affects traffic flow on the arterial system to off-peak
hours; consolidation of truck deliveries; and/or rerouting of construction trucks away
from congested streets or sensitive receptors.
56. MM-TCR-1 - The project applicant shall retain a Native American Monitor from or
approved by the Gabrieleño Band of Mission Indians Kizh Nation (Tribe or
Kizh). The monitor shall be retained prior to the commencement of any ground-
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disturbing activity for the subject project at all project locations (i.e., both on-site
and any off-site locations that are included in the project description/definition
and/or required in connection with the project, such as public improvement work).
Ground-disturbing activity shall include, but is not limited to, demolition, pavement
removal, potholing, auguring, grubbing, tree removal, boring, grading, excavation,
drilling, and trenching. Ground-disturbing activity refers to ground disturbance
occurring from 1 foot above native soils and below, and it does not include
movement of sediments after they have been initially disturbed or displaced by
current Project-related construction.
A copy of the executed monitoring agreement shall be submitted to the lead agency
prior to the earlier of the commencement of any ground-disturbing activity, or the
issuance of any permit necessary to commence a ground-disturbing activity.
The project applicant shall retain a Native American Monitor from or approved by
the Gabrieleño Band of Mission Indians Kizh Nation (Tribe or Kizh). The
monitor shall be retained prior to the commencement of any ground-disturbing
activity for the subject project at all project locations (i.e., both on-site and any off-
site locations that are included in the project description/definition and/or required
in connection with the project, such as public improvement work). Ground-
disturbing activity shall include, but is not limited to, demolition, pavement removal,
potholing, auguring, grubbing, tree removal, boring, grading, excavation, drilling,
and trenching. Ground-disturbing activity refers to ground disturbance occurring
from 1 foot above native soils and below, and it does not include movement of
sediments after they have been initially disturbed or displaced by current Project-
related construction. A copy of the executed monitoring agreement shall be
submitted to the lead agency prior to the earlier of the commencement of any
ground-disturbing activity, or the issuance of any permit necessary to commence a
ground-disturbing activity.
On-site tribal monitoring shall conclude upon the earlier of the following (1) written
confirmation to the Kizh from a designated point of contact for the project applicant
or lead agency that all ground-disturbing activities as defined above and phases
that may involve ground-disturbing activities on the project site or in connection with
the project are complete; or (2) a determination and written notification by the Kizh
to the project applicant or lead agency that no future, planned construction activity
and/or development/construction phase at the project site possesses the potential
to impact Kizh TCRs. Upon discovery of any Kizh TCRs, all construction activities
in the immediate vicinity of the discovery shall cease (i.e., not less than the
surrounding 50 feet) and shall not resume until the Kizh recovers and retains all
discovered Kizh TCRs in the form and/or manner the Tribe deems appropriate, in
the Tribes sole discretion, and for any purpose the Tribe deems appropriate,
including for educational, cultural and/or historic purposes. The Tribe shall have up
to 48 hours to recover and retain any discovered Kizh TCRs, after which time
construction activities in the immediate vicinity of the discovery may continue.
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57. MM-TCR-2 - Native American human remains are defined in PRC 5097.98 (d)(1)
as an inhumation or cremation, and in any state of decomposition or skeletal
completeness. Funerary objects, called associated grave goods in Public
Resources Code Section 5097.98, are also to be treated according to this statute.
In accordance with Health and Safety Code Section 7050.5, any discoveries of
human skeletal material shall be immediately reported to the County Coroner and
all ground-disturbing activities shall immediately halt and shall remain halted until
the coroner has determined the nature of the remains. If the coroner recognizes the
human remains to be those of a Native American or has reason to believe they are
Native American, he or she shall contact, by telephone within 24 hours, the Native
American Heritage Commission, and Public Resources Code Section 5097.98 shall
be followed.
Consistent with California Public Resources Code section 5097.98(d)(2), any items
associated with the human remains that are placed or buried with the Native
American human remains are to be treated in the same manner as the remains, but
do not by themselves constitute human remains.
Preservation in place (i.e., avoidance) is the preferred manner of treatment for
discovered human remains and/or burial goods.
Any discovery of human remains/burial goods shall be kept confidential to prevent
further disturbance.
58. MM-TCR-3 - If the Tribe is designated by the Native American Heritage
Commission (NAHC) as the Most Likely Descendant (MLD), the Koo-nas-gna
Burial Policy shall be implemented. To the Tribe, the term human remains
encompasses more than human bones. In ancient as well as historic times, Tribal
Traditions included, but were not limited to, the preparation of the soil for burial, the
burial of funerary objects with the deceased, and the ceremonial burning of human
remains. Accordingly, if the Tribe is designated as the MLD for discovered human
remains, the prepared soil and cremation soils are to be treated in the same manner
as bone fragments that remain intact. Associated funerary objects are objects that,
as part of the death rite or ceremony of a culture, are reasonably believed to have
been placed with individual human remains either at the time of death or later; other
items made exclusively for burial purposes or to contain human remains can also
be considered as associated funerary objects. Cremations will either be removed
in bulk or by means as necessary to ensure complete recovery of all sacred
materials.
If the Tribe is designated by the NAHC as the MLD, the following condition will
apply: If the discovery of human remains includes four or more burials, the
discovery location shall be treated as a cemetery and a separate treatment plan
shall be created.
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If the Tribe is designated by the NAHC as the MLD, the following condition will
apply: In the case where discovered human remains cannot be fully documented
and recovered on the same day, the remains will be covered with muslin cloth and
a steel plate that can be moved by heavy equipment placed over the excavation
opening to protect the remains. If this type of steel plate is not available, a 24-hour
guard should be posted outside of working hours. The Tribe will make every effort
to recommend diverting the project and keeping the remains in situ and protected.
If the project cannot be diverted, it may be determined that burials will be removed.
If the Tribe is designated by the NAHC as the MLD, the following condition will
apply: In the event preservation in place is not possible despite good faith efforts
by the project applicant/developer and/or landowner, before ground-disturbing
activities may resume on the project site, the landowner shall arrange a designated
site location within the footprint of the project for the respectful reburial of the human
remains and/or ceremonial objects. If the Tribe is designated by the NAHC as the
MLD, the following condition will apply: Each occurrence of human remains and
associated funerary objects will be stored using opaque cloth bags. All human
remains, funerary objects, sacred objects and objects of cultural patrimony will be
removed to a secure container on site if possible. These items should be retained
and reburied within six months of recovery. Where the Tribe is designated as the
MLD, the site of reburial/repatriation shall be on the project site but at a location
agreed upon between the Tribe and the landowner at a site to be protected in
perpetuity. There shall be no publicity regarding any cultural materials recovered.
If the Tribe is designated by the NAHC as the MLD, the following condition will
apply: The Tribe will work closely with the projects qualified archaeologist to ensure
that the excavation is treated carefully, ethically and respectfully. If data recovery is
approved by the Tribe, documentation shall be prepared and shall include (at a
minimum) detailed descriptive notes and sketches. All data recovery and data
recovery-related forms of documentation shall be approved in advance by the Tribe.
If any data recovery is performed, once complete, a final report shall be submitted
to the Tribe and the NAHC. The Tribe does NOT authorize any scientific study or
the utilization of any invasive and/or destructive diagnostics on human remains.
During ground-disturbing activities Construction contractor NAHCs Most Likely
Descendant Tribe.
PLANNING COMMISSION ACTION
Approval
If the Planning Commission intends to recommend approval of this project to the City
Council, the Commission should move to recommend approval of Minor Use Permit No.
MUP 21-08, Architectural Design Review No. ADR 21-12, Tentative Parcel Map No. TPM
21-02, along with a density bonus and General Plan Consistency No. 22-01 for the street
vacation, state that the proposal satisfies the requisite findings, and adopt the attached
Resolution No. 2093, and the conditions of approval as presented in this staff report, or
as modified by the Commission.
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Denial
If the Planning Commission intends to recommend denial of the project to the City
Council, 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
recommend denial of Minor Use Permit No. MUP 21-08, Architectural Design Review
No. ADR 21-12, Tentative Parcel Map No. TPM 21-02, along with a density bonus and
General Plan Consistency No. 22-01 street vacation, and direct staff to prepare a
resolution for adoption at the next meeting that incorporates the Commissions
recommendation and specific findings.
If any Planning Commissioner or other interested party has any questions or comments
regarding this matter prior to the April 26, 2022, hearing, please contact Planning &
Community Development Administrator Lisa Flores, at (626) 574-5445, or by email at
lflores@ArcadiaCA.gov.
Approved:
Lisa L. Flores
Planning & Community Development Administrator
Attachment No. 1: Resolution No. 2093
Attachment No. 2: Aerial Photo and Zoning Information and Photos of the Subject
Property
Attachment No. 3: Tentative Parcel Map
Attachment No. 4: Architectural Plans and Renderings
Attachment No. 5: Link to Draft Environmental Impact Report and Technical
Appendices www.arcadiaca.gov/projects
Attachment No. 6: Final EIR: Preface, Comment Letters on Draft EIR, Response to
Comments, Proposed Changes to the Draft EIR, Findings of Fact,
and MMRP
Attachment No. 7: Alexan Arcadia Market Analysis and CBRE Retail Analysis
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Attachment No. 1
Resolution No. 2093
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RESOLUTION NO. 2093
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARCADIA, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL
APPROVE MINOR USE PERMIT NO. MUP 21-08, ARCHITECTURAL
DESIGN REVIEW NO. ADR 21-12, GENERAL PLAN CONSISTENCY NO.
22-01, TENTATIVE PARCEL MAP NO. TPM 21-02, A DENSITY BONUS
AND A STREET VACATION ALONG WITH AN ENVIRONMENTAL
IMPACT REPORT UNDER THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA) FOR THE ALEXAN ARCADIA MIXED-USE
DEVELOPMENT, WITH 319 RESIDENTIAL UNITS, INCLUDING 26
AFFORDABLE UNITS, LOCATED AT 150 N. SANTA ANITA AVENUE
WHEREAS, on May 24, 2021, an application was filed with the City of Arcadia
(City) for Minor Use Permit No. MUP 21-08, Architectural Design Review No. ADR 21-
12, and Tentative Parcel Map No. TPM 21-02, and to construct a new mixed-use
development at 150 N. Santa Anita Avenue and surrounding properties. The project
includes a density bonus and a street vacation with General Plan Consistency No. 22-01
and will result in a seven-story mixed-use building containing 319 residential units,
including 26 affordable units and eight live-work units (collectively, the Project); and
WHEREAS, a Final Environmental Impact Report (EIR) has been prepared by the
City for the Alexan Mixed-Use Development Project (proposed Project). This Final EIR
has been prepared in conformance with the California Environmental Quality Act of 1970
(CEQA) statutes (Cal. Pub. Res. Code, Section 21000 et. seq., as amended) and
implementing guidelines (Cal. Code Regs., Title 14, Section 15000 et. seq.). In
accordance with the CEQA Guidelines, a Notice of Preparation (NOP) was circulated for
a 30-day public review starting on July 19, 2021, to public agencies, organizations, and
interested individuals; and
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WHEREAS, on August 5, 2021, a scoping meeting was held virtually, as allowed
per Governors Executive Order N-25-20. The purpose of this meeting was to seek input
from public agencies and the general public regarding the potential environmental
impacts of the proposed Project. The City received no comments/questions with
environmental concerns during the scoping meeting; and
WHEREAS, a Draft EIR was made available for public review and comment
pursuant to CEQA Guidelines Section 15087. The 45-day public review period for the
Draft EIR started on February 24, 2022, and ended on April 11, 2022. At the beginning of
the public review period, an electronic copy of the Draft EIR and an electronic copy of the
Notice of Completion (NOC) and Notice of Availability (NOA) were submitted to the State
Clearinghouse and Los Angeles Recorders Office. The 45-day public review period
provided interested public agencies, groups, and individuals the opportunity to comment
on the contents of the Draft EIR. A total of four agency, organization, and individual
comment letters were received and are included in Chapter 2, Responses to Comments,
of this Final EIR; and
WHEREAS, the Final EIR addresses the comments received during the public
review period and includes minor changes to the text of the Draft EIR in accordance with
comments that necessitated revisions. Pursuant to CEQA Guidelines Section 15091, the
City Council shall make findings for each of the significant effects identified in the EIR and
shall support the findings with substantial evidence in the record. After considering the
Final EIR in conjunction with making findings under Section 15091, the lead agency may
decide whether or how to approve or carry out the Project. When a lead agency approves
a project that will result in the occurrence of significant effects that are identified in the
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Final EIR but are not avoided or substantially lessened, the agency is required by CEQA
to state in writing the specific reasons to support its action based on the Final EIR and/or
other information in the record. Because the Project would not result in significant and
unavoidable impacts, a statement of overriding considerations is not required to be
prepared. The Final EIR identified potentially significant effects that could result from the
Project but can be mitigated through mitigation measures; and
WHEREAS, on May 10, 2022, a duly noticed public hearing was held before the
Planning Commission on said application, at which time all interested persons were given
full opportunity to be heard and to present evidence.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
ARCADIA, CALIFORNIA, HEREBY RESOLVES AS FOLLOWS:
SECTION 1. The factual data submitted by the Community Development Division
in the staff report dated May 10, 2022, are true and correct.
SECTION 2. This Commission finds that based upon the entire record, pursuant
to the Arcadia Development Code all the following findings can be made.
1. The proposed use is consistent with the General Plan and any applicable
specific plan.
FACT: Approval of the proposed Project would be consistent with the General Plan
Land Use Designation of Downtown Mixed Use, which allows a residential density of 80
units per acre and a commercial floor area ratio of 1.0. This land use designation allows
mixed-use developments and strongly encourages a pedestrian-oriented environment
with a complementary mix of commercial and residential uses. The proposed live-work
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units will help generate increased activity along Wheeler Avenue and will convey a
commercial appearance along the street. The proposed Project will not adversely affect
the comprehensive General Plan and is consistent with the following General Plan goals
and policies:
Land Use and Community Design Element
Policy LU-1.1: Promote new infill and redevelopment projects that are
consistent with the Citys land use and compatible with surrounding existing uses.
Policy LU-1.8: Encourage development types that support transit and other
alternative forms of transportation, including bicycling and walking.
Policy LU-4.2: Encourage residential development that enhances the visual
character, quality, and uniqueness of the Citys neighborhoods and districts.
Policy LU-4.3: Require the provision of adequate private and common open
space for residential units. Require sufficient on-site recreational facilities to meet the daily
needs of residents, if possible, commensurate with the size of the development.
Policy LU-6.4: Encourage design approaches that create a cohesive, vibrant
look and that minimize the appearance of expansive parking lots on major commercial
corridors for new or redeveloped uses.
Policy LU-6.5: Where mixed use is permitted, promote commercial uses that
are complementary to adjacent residential uses.
2. The proposed use is allowed within the applicable zone, subject to the
granting of a Minor Use Permit, and complies with all other applicable provisions of this
Development Code and the Municipal Code.
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FACT: The subject site is zoned Downtown Mixed Use (DMU), which allows for
mixed-use developments subject to the approval of a Minor Use Permit (MUP). The
proposed Project complies with all the development standards of the DMU zone, including
but not limited to setbacks, height, open space, parking dimensions and aisleways, etc.
The Project provides the requisite number of low or very low-income units to qualify for a
density bonus AND relaxation of parking requirements per density bonus law under SB
1818 and AB 2345. As such, the Project meets the Municipal Code requirements as well
as State law.
3. The design, location, size, and operating characteristics of the proposed
activity will be compatible with the existing and future land uses in the vicinity.
FACT: The subject site is 128,510 square feet in size and is located in the
Downtown Mixed Use (DMU) zone. The site is surrounded by commercial uses consisting
of the Rusnak Mercedes Benz dealership to the west across Santa Anita Avenue, which
is zoned Central Business District, as well as other office uses zoned for DMU. A retail
use (REI) is located to the north across Santa Clara along with the Gold Line Parking
Structure and rail station. To the south of the Project is commercial parking owned by the
City which serves the commercial uses along Huntington Drive to the south as well as the
other buildings along Wheeler Avenue. To the east is the post office site and another
mixed-use project. All of the surrounding properties are zoned DMU, with the exception of
Rusnak Mercedes Benz. The Project embodies what the goals of the DMU zone are, with
a mix of and commercial uses. The Project will also provide residential uses that will
support the commercial uses in this area. Therefore, the development and operation of
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the mixed-use development will be compatible with the existing and future land uses in the
vicinity.
4. The site is physically suitable in terms of:
a. Its design, location, shape, size, and operating characteristics of the
proposed use in order to accommodate the use, and all fences, landscaping, loading,
parking, spaces, walls, yards, and other features required to adjust the use with the land
and uses in the neighborhood.
FACT: The Project site is 128,510 square feet in size and can physically
accommodate the proposed mixed-use development. The residential component of the
Project will provide a density of 108 units per acre, which is in compliance with the
maximum density for the area due to the density bonus permitted as a result of the
affordable housing units being provided. The commercial component of the Project will
have a floor area ratio (FAR) of 0.72, which is in compliance with the maximum allowable
FAR of 1.0. Additionally, the amount of on-site parking that will be provided for this project
meets and exceeds the minimum required by State law for projects providing affordable
housing units that are in close proximity to the Gold Line Station. To provide a reality
check of the parking situation, a parking demand analysis was provided as part of the
Environmental Impact Report for the Project. The analysis concluded that ample parking
is provided to serve the shared uses of the site. Therefore, the site is physically suitable
to accommodate the proposed mixed-use development.
b. Streets and highways adequate in width and pavement type to
accommodate public and emergency vehicle (e.g., fire and medical) access.
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FACT: The Project site is located on the south side of Santa Clara Street through
to the north side of Wheeler Avenue to the west of Santa Anita Avenue. These streets are
adequate in width and pavement type to carry emergency vehicles and traffic generated
by the proposed Project on the site.
c. Public protection services (e.g., fire protection, police protection, etc.).
FACT: The Fire and Police Departments have reviewed the application and
determined that there will be no impacts to public protection services. The need for new
or altered Fire or Police services is usually associated with substantial population growth.
The proposed Project is not anticipated to cause substantial population growth; therefore,
no impacts to public protection services are anticipated. Development of Downtown
Arcadia has been anticipated and planned for since the General Plan was updated in
2010. Mixed use developments and residential units have been expected since that time
on the part of public protection services.
d. The provision of utilities (e.g., potable water, schools, solid waste collection
and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.).
FACT: As part of the development, new utility connections, including connections
for potable water and storm drainage, will be required. Implementation of best
management practices during construction and operation would ensure impacts to water
quality do not occur. The site can be adequately served by all required utilities through
interconnection with existing utilities within City rights-of-way abutting the site.
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
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materially injurious to the improvements, persons, property, or uses in the vicinity and zone
in which the property is located.
FACT: The proposed Project is not anticipated to have adverse effects on the public
health or welfare, or the surrounding neighborhood. The Project will be compatible with
the surrounding commercial and residential uses in the general area. Additionally, the
Environmental Impact Report prepared for the Project assessed all the potential impacts
from the Project and it was determined that there would be no significant impacts to traffic,
noise, air quality, or water quality. Therefore, the proposed Project will not adversely affect
the public convenience, health, interest, safety or general welfare of adjacent uses in the
vicinity and zone of the subject property.
Tentative Parcel Map
6. The proposed map, subdivision design, and improvements are consistent
with the General Plan, any applicable specific plan, and the Subdivisions Division of the
Development Code.
FACT: Approval of the proposed Project with a tentative parcel map to divide the
ground parcels is consistent with the Downtown Mixed Use Land Use designation as it is
intended to accommodate mixed-use developments. The Project has been reviewed for
compliance with the Citys General Plan, Development Code, and the State Subdivision
Map Act. It has been determined that the proposed subdivision is consistent with the
General Plan Downtown Mixed-Use Land Use designation and the Downtown Mixed-Use
zoning standards. The site is physically suitable for this type of development and the
architectural design of the building is compatible with the scale and character of the
surrounding area. The proposed Tentative Parcel Map complies with the Subdivision Map
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Act regulations and there is no specific plan applicable to this Project. The Project will not
adversely affect the comprehensive General Plan and is consistent with the following
General Plan goals and policies:
Land Use and Community Design Element
Policy LU-1.1: Promote new infill and redevelopment projects that are consistent
with the Citys land use and compatible with surrounding existing uses.
Policy LU-1.8: Encourage development types that support transit and other
alternative forms of transportation, including bicycling and walking.
Policy LU-4.2: Encourage residential development that enhances the visual
character, quality, and uniqueness of the Citys neighborhoods and districts.
Policy LU-4.3: Require the provision of adequate private and common open space
for residential units. Require sufficient on-site recreational facilities to meet the daily needs
of residents, if possible, commensurate with the size of the development.
Policy LU-6.4: Encourage design approaches that create a cohesive, vibrant look
and that minimize the appearance of expansive parking lots on major commercial corridors
for new or redeveloped uses.
Policy LU-6.5: Where mixed use is permitted, promote commercial uses that are
complementary to adjacent residential uses.
7. The site is physically suitable for the type and proposed density of
development.
FACT: The Project site is approximately 128,510 square feet in size and is
physically suitable for the proposed mixed-use development. The MU zone allows a
maximum residential density of 80 units per acre and a floor area ratio (FAR) of 1.0 for
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non-residential uses. However, the Arcadia Municipal Code and State law allow a density
bonus process and parking relaxation if affordable housing is provided and the findings for
the density bonus can be made in this case. The density of 108 dwelling units per acre fits
within the physical constraints of the site and the Project proposes a commercial FAR of
0.72 and a height of 8411, both within the limitations required by the site. Therefore, the
Project is in compliance with the Development Code and the site is physically suitable for
the proposed development.
8. The design of the subdivision and the proposed improvements are not likely
to cause substantial environmental damage or substantially and avoidably injure fish or
wildlife or their habitat.
FACT: The proposed Tentative Parcel Map to consolidate and reform existing
parcels for the proposed Project is a minor subdivision of an infill site within an urbanized
area. Therefore, it will not cause substantial environmental damage or substantially and
avoidably injure fish or wildlife or their habitat.
9. The design of the subdivision or type of improvements is not likely to cause
serious public health or safety problems.
FACT: The proposed subdivision will consolidate and reform existing parcels in a
commercial infill setting for a proposed mixed-use development. The construction of the
proposed development will be carried out in compliance with Building and Fire Codes and
all other applicable regulations. The Citys 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.
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10. The design of the subdivision or the type of improvements will not conflict
with easements acquired by the public at large for access through or use of, property within
the proposed subdivision (This finding shall apply only to easements of record or to
easements established by judgement of a court of competent jurisdiction and no authority
is hereby granted to a legislative body to determine that the public at large has acquired
easements for access through or use of property within the proposed subdivision).
FACT: The proposed design of the subdivision does not conflict with easements
acquired by the public at large for access through or use of, property within the proposed
subdivision. Part of the Project is the vacation of an existing public alley within the site.
This alley is not currently used substantially nor is it necessary for the public good in any
way. There are no conflicts with any other easements on the subject property.
11. The discharge of sewage from the proposed subdivision into the community
sewer system will not result in violation of existing requirements specified by the California
Regional Water Quality Control Board.
FACT: The Arcadia Public Works Services Department determined that the Citys
existing infrastructure will adequately serve the new development, and the requirements
of the California Regional Water Quality Control Board will be satisfied.
12. The design of the subdivision provides, to the extent feasible, passive or
natural heating and cooling opportunities.
FACT: The proposed Tentative Parcel Map and Project have been reviewed by
Building Services to ensure compliance with the California Building Code, which includes
requirements associated with heating and cooling requirements.
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13. The proposed subdivision, its design, density, and type of development and
improvements conforms to the regulations of the Citys Development Code and the
regulations of any public agency having jurisdiction by law.
FACT: The proposed Tentative Parcel Map as conditioned, and following the
application of a density bonus, complies with the density requirements of the Citys
Development Code, and all the improvements required for the site and each unit will
comply with the regulations in the Citys Development Code.
Density Bonus
14. The Project will be consistent with the General Plan, except as provided by
this section with regard to maximum density, density bonuses, and other incentives and
concessions.
FACT: The Project is consistent with the Downtown Mixed Use land use
designation in the General Plan, as well as the zoning requirements of the DMU zone. The
Project meets the following policies of the General Plan Land Use Element: LU-1.1, LU-
1.8, LU-4.2, LU 4.3, LU-6.4, and LU-6.5.
15. The approved number of dwellings can be accommodated by existing and
planned infrastructure capacities.
FACT: The Project proposes 319 dwelling units, which includes 26 affordable units
and 8 live-work units. All relevant utility providers and service providers reviewed the
proposed Project and have declared that the Project can be served with existing and/or
planned infrastructure. The Arcadia General Plan has anticipated mixed-use development
in Downtown Arcadia since 2010. The infrastructure has been reviewed and analyzed with
this in mind and the Project can be accommodated.
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16. Adequate evidence exists to indicate the project will provide affordable
housing in a manner consistent with the purpose and intent of this Section.
FACT. The applicant has submitted a draft Density Bonus Housing Agreement
which specifies that 26 units will be provided for low and very low-income residents. This
document must be recorded prior to the issuance of a Certificate of Occupancy for the
Project and shall run with the property. This will provide the necessary surety that these
units will remain affordable over time.
17. In the event that the City does not grant at least one financial concession or
incentive as defined in Government Code Section 65915 in addition to the density bonus,
that additional concessions or incentives are not necessary to ensure affordable housing
costs as defined in Health and Safety Code Section 50052.5, or for rents for the targeted
units to be set as specified in Government Code 65915(C.).
FACT: The Project is proposing a density bonus of 35% based on the provision of
11% affordable units at the low and very low-income level, which is allowable per State
law. In addition, the Project is utilizing the parking relaxation requirements allowed through
AB 2345 due to the provision of affordable housing and proximity to transit. As such, the
Project can meet all other zoning requirements and standards and no concessions or
incentives are necessary to meet the targeted affordability.
18. There are sufficient provisions to guarantee that the units will remain
affordable for the required time period.
FACT: The developer has submitted a draft Density Bonus Housing Agreement
which will be finalized and agreed to by both parties prior to recordation. The document
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will be required to be recorded prior to the issuance of a Certificate of Occupancy for the
Project.
Street Vacation and General Plan Consistency Finding
State law (Government Code Section 65402) requires that the Planning
Commission is to review the vacation request and determine if the vacation is consistent
with the General Plans Circulation Element. As part of the Project, the public alley running
east-west from the eastern boundary of the site is proposed to be vacated. At the April 5,
2022, City Council Meeting, the City Council announced its intent to hold a public hearing
on this matter on May 17, 2022. In this case, the public alley is not used broadly by the
public and serves no purpose within the development. The alley was previously in place
to provide access to the original lots and their associated buildings. However, all of these
buildings are proposed for demolition and the alley is no longer necessary. Any utilities in
the alley will be abandoned and are no longer necessary for the City or adjoining parcels.
By vacating the alley, the City is allowing the lots to be effectively joined to create an
assembly of parcels that allows the Project to be built, furthering the Citys goal to attract
mixed-use development in Downtown Arcadia. As such, the vacation of the alley in
question is compliant with the Arcadia General Plan and meets the following policies of
the General Plan Circulation Element:
Policy CI-1.2: Implement street design standards on arterial corridors consistent
with the Master Plan of Roadways to address bicycle facilities, sidewalks, and on-street
parking that are context sensitive to adjacent land uses and districts, and to all roadway
users, where appropriate.
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Policy CI-7.1: Ensure that parking requirements in the Citys zoning regulations
appropriately reflect the needs of businesses, residents, and institutions, and the evolving
nature of personal transportation (for example, electric or other alternative fuel vehicles,
car sizes, increased bicycle use).
Policy CI-7.2: Accommodate shared use of public and private parking facilities
within business districts and where joint use of parking lots is appropriate given the uses
sharing the facilities.
SECTION 3. For the foregoing reasons, the Planning Commission recommends
that the City Council make the required findings and certify the FEIR and approve Minor
Use Permit No. MUP 21-08, Architectural Design Review No. ADR 21-12, Tentative Parcel
Map No. TPM 21-02, and General Plan Consistency No. 22-01 for construction of a new
mixed-use development at 150 N. Santa Anita Avenue and surrounding properties, subject
to the conditions of approval and mitigation measures attached hereto.
SECTION 4. The Secretary shall certify to the adoption of this Resolution.
Passed, approved and adopted this 10th day of May 10, 2022.
______________________
Zi Lin
Chair, Planning Commission
ATTEST:
______________________
Lisa L. Flores
Secretary
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RESOLUTION NO. 2093
Conditions of Approval and Mitigation Measures
1. The Applicant/Property Owner shall prepare and execute a Density Bonus Housing
Agreement that will ensure that at least 26 units are reserved on site as housing for
very low-income residents. The Density Bonus Housing Agreement must be
recorded in the Office of the Los Angeles Recorders office prior to the issuance of
a Certificate of Occupancy for the project. Prior to recordation, the Applicant/Owner
shall submit the Agreement to the City for review and approval by the City and shall
obtain the City Attorneys approval thereof. For this purpose, the Applicant/Owner
shall submit to the City with the proposed Agreement a deposit of $7,500 for
purposes of such review, of which any funds remaining after review of the
Agreement by the City shall be returned to the Applicant/Owner.
2. A declaration of covenants, conditions and restrictions (CC&Rs) providing for
reciprocal parking and access between both properties shall be prepared by the
Applicant and recorded against both properties in the Office of the Los Angeles
County Recorders Office after the final map has been recorded. Prior to their
recordation, the Applicant/Owner shall submit the CC&Rs to the City for review and
approval by the City, and shall obtain the City Attorneys approval thereof. For this
purpose, the Applicant/Owner shall submit to the City with the proposed CC&Rs a
deposit of $3,000 for purposes of such review, of which any funds remaining after
review of the CC&Rs by the City shall be returned to the Applicant/Owner.
3. The Applicant/Property Owner shall provide wayfinding signage at all parking
garage ingress points for customers prior to entering the garage and providing
wayfinding signage within the parking garage such that customers are directed to
the ATM drive-thru, and other users of the site are channeled to parking spaces
and garage exits.
4. Where parking serves more than one accessible entrance, accessible parking
spaces shall be dispersed and located on the shortest accessible route to the
accessible entrances.
5. A wheel stop shall be provided for each parking space adjacent to and facing a wall,
building, walkway, utility cabinet, or structure. The wheel stops shall be set a
minimum of 36 inches from the forward end of the parking space and shall be six
inches high and in accordance with the Citys Development Code. All parking stalls
shall also be double-striped to provide a parking stall with a 9-foot width, measured
to the center of the lines. Said plan shall be subject to review and approval by the
Planning and Community Development Administrator, or designee, prior to
submitting the plans into Building Services for plan-check.
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6. Tree removal shall not occur during the local nesting season (February 1 to
September 15 for nesting birds and February 1 to June 30 for nesting raptors), to
the extent practicable. If any construction or tree removal occurs during the nesting
season, a nesting bird survey shall be conducted by a qualified biologist prior to
commencement of grading or removal of any trees on the property. If the biologist
determines that nesting birds are present, restrictions may be placed on
construction activities in the vicinity of the nest observed until the nest is no longer
active, as determined by a qualified biologist. The size of the protective barrier will
be determined by the biologist based on the location of the nest, type of construction
activities, the existing human activity in the vicinity of the nest and the sensitivity of
the nesting species. Grading and/or construction may resume in this area when a
qualified biologist has determined the nest is no longer occupied and all juveniles
have fledged. This measure shall be implemented to the satisfaction of the Planning
& Community Development Administrator, or designee.
7. The final map must be approved and recorded by the Los Angeles County
Recorders Office prior to issuance of a building permit.
8. The final landscape plans must be submitted at the same time as the building and
architectural plans to Building Services for plan-check. The Project shall be
developed and maintained by the Property Owner/Applicant in compliance with all
of the recommended tree protection measures and maintenance (prior, during and
after construction), as listed in the Arborist Report, dated September 2021.
9. The Project shall comply with Chapter 35A Multi-Family Construction Standards as
amended in the Arcadia Municipal Code Section 8130.20.
10. During all Project site construction, all construction -related activities, including
maintenance of construction equipment and the staging of haul trucks, shall be
limited to between the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday
and between 8:00 a.m. and 5:00 p.m. on Saturday. No construction is permitted on
Sundays and holidays specified in the Citys Municipal Code.
11. The Project shall be developed and maintained by the Applicant/Property Owner in
a manner that is consistent with the plans submitted and conditionally approved for
Minor Use Permit No. MUP 21-08, Architectural Design Review No. ADR 21-12,
and Tentative Parcel Map No. TPM 21-02), subject to the satisfaction of the
Planning & Community Development Administrator or designee. Noncompliance
with the plans, provisions and conditions of approval shall be grounds for immediate
suspension or revocation of any approvals.
12. The Applicant/Property Owner shall be responsible for the repair of all damage to
public improvements in the public right-of-way resulting from construction related
activities, including, but not limited to, the movement and/or delivery of equipment,
materials, and soils to and/or from the site. This shall be determined by the Planning
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and Community Development Administrator and Public Works Director during
construction and up until issuance of a Certificate of Occupancy.
13. Prior to issuance of a building permit, the Applicant/Property Owner shall submit a
parking management plan providing how replacement parking for the existing uses
on site shall be provided, including signed leases with adjacent properties as
needed. The parking management plan shall include a staging plan for construction
parking and staging and conditions for the management of replacement and
construction parking so as to minimize impacts on surrounding public parking areas
and street parking. Said plan shall be subject to review and approval by the
Planning and Community Development Administrator, or designee.
14. Prior to the issuance of a Certificate of Occupancy, it must be verified that at least
376 parking spaces are designated for residential uses and 82 bicycle parking
spaces are provided.
15. 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
16. All utility conductors, cables, conduits and wiring supplying electrical, cable and
telephone service to the building shall be installed underground except risers
which are adjacent to and attached to a building.
17. The grading plans shall indicate all site improvements and shall indicate complete
drainage paths of all drainage water run-off.
18. The Applicant shall conduct pre-construction surveys prior to excavation, and
existing improvements on the adjacent property at 100 N. Santa Anita Avenue
shall be inspected and the pre-construction condition shall be documented.
During construction, all recommendations of the geotechnical investigation shall
be followed and the building at 100 N. Santa Anita Avenue shall be monitored
during drilling and pile installation, and periodically throughout construction.
Professionals representing 100 N. Santa Anita Avenue may participate in the
preconstruction survey and monitoring activity at their own expense.
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19. The Applicant/Property Owner will be required to pay the Citys Map and Final
Approval Fee prior to approval of the Final Map.
20. Prior to occupancy, the developer shall repair any damages caused by the
development to the asphalt street frontages from property line to property line
including but not limited to trench cuts and construction traffic, per the direction of
the City Engineer.
21. As part of the Final Parcel Map, the developer shall dedicate additional right-of-
way as follows:
a. Santa Anita Avenue Five-foot additional dedication
b. Santa Clara Street adjacent to Bank of America building four-foot
additional dedication.
c. Santa Clara Street adjacent to new building one-foot additional
dedication and five-foot easement.
d. North/South Alley five-foot public access/walkway easement adjacent to
the alley.
e. All driveways sufficient easements to accommodate ADA sidewalk access
f. Street/Driveway corners triangular cutbacks as necessary for ADA
accessible ramp purposes
g. All portions of sidewalks with obstructions sufficient easements where
public right-of-way does not exist to accommodate public sidewalk around
obstacles.
22. Prior to the approval of the Final Parcel Map the developer shall either construct
or post security for all public improvements as follows:
a. Remove and replace existing sidewalk, curb and gutter along all property
frontages from property line to property line to the satisfaction of the City
Engineer. Include additional sidewalk to provide adequate clearances
around all obstacles.
b. Construct new ADA accessible ramps at all corner and driveways.
c. Coordinate with Public Works Services on protection of street trees along
Wheeler Avenue and the installation of any new street trees.
d. Remove and replace all drive approaches per City standard plan.
e. Remove and replace the pavement in the alley adjacent to the development
in conformance with the Citys Downtown Alleys Improvement Plan.
23. The building shall be fully sprinklered per the City of Arcadia Fire Department
Commercial Sprinkler Standard. The fire sprinkler system shall be monitored by a
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UL listed central station. Notification appliances shall be provided in all common
areas and adjacent to sleeping areas in residential units. Visual appliances will be
provided in any units classified as being accessible.
24. An emergency responder radio coverage system is required.
25. Class 1 standpipes shall be provided in all stairwells to the roof level.
26. A knox box shall be provided at a location to be approved by the Fire Department.
Knox switches shall be provided for any automatic vehicular gates.
27. Fire extinguishers with a minimum rating of 2A:10BC shall be provided in all
common areas. Minimum travel distance shall be 75 feet.
28. Illuminated exit signage and emergency lighting shall be provided for the parking
area and all other common paths of egress.
29. Minimum fire flow is 1,500 gpm at 20 psi.
30. A minimum of one elevator capable of accommodating a 24-inch by 84-inch
ambulance stretcher/gurney shall be provided.
31. New public hydrants shall be provided on Santa Clara Street and Wheeler Avenue
on the street frontage of the property.
32. The Project is responsible for contributing a fair share payment toward the
installation of a cloud-based traffic mitigation system being completed by the Fire
Department. This fair share payment shall be attributed to the six (6) immediately
adjacent intersections evaluated in the Traffic Study for the project and the payment
shall not exceed $6,300.
33. The Developer shall provide calculations to determine the maximum domestic
demand, maximum commercial demand and maximum fire demand in order to
verify the required water service size required.
34. The Developer shall provide separate water services and meters for specific
residential, commercial, and irrigation uses. Backflow protection (approved reduced
pressure backflow preventer) shall be installed for all three services.
35. Domestic water service for residential units shall be provided by a common master
meter. Any condominiums shall require a separate water service and meter for
common area landscape irrigation.
36. All fire protection requirements shall be as stipulated by the Arcadia Fire
Department. In the event that fire suppression is common to the complex, a
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separate fire service with Double Check Detector Assembly (DCDA) shall be
required as directed by the Fire Marshal.
37. A Water Meter Clearance Application shall be submitted to the Public Works
Services Department prior to final permit issuance.
38. New water service installations shall be installed by the Developer. Installation shall
be according to the specifications of the Public Works Services Department,
Engineering Section. Abandonment of existing water services, if necessary, shall
be carried out by the Developer, according to Public Works Services Department,
Engineering Section specifications.
39. If connecting to a City sewer main, the Applicant/Property Owner shall utilize
existing sewer lateral(s) if possible. If any existing sewer lines serving other
properties must be relocated, repaired, or upsized in any way, the developer shall
be responsible for this work and for maintaining sewer service for any impacted
properties throughout construction.
40. If any drainage fixture elevation is lower than the elevation of the next upstream
manhole cover, an approved backwater valve is required.
41. All existing street trees shall remain and be protected on Wheeler. No trees required
on Santa Anita or Santa Clara.
42. The proposed Project is subject to the State Water Resources Control Boards
NPDES General Construction Permit requirements:
a. Applicant submit Notice of Intent along with applicable fees to the State.
b. Applicant to prepare a Stormwater Pollution Prevention Plan.
c. City will not issue a grading permit until Waste Discharge ID # can be
furnished.
43. Developer shall size the trash enclosure(s) accordingly. Separate bins/carts shall
be provided for trash, recycling, and green waste/food waste. Placement and
volume of bins/carts shall be subject to review and approval of the Public Works
Department.
44. The Project requires a LID plan which shall comply with the Los Angeles County
Department of Public Works 2014 LID standard manual and show the selected
measures on the grading plan. Potential strategies include using infiltration
trenches, bioretention planter boxes, roof drains connected to a landscaped area,
pervious concrete pavers, etc.
45. All City requirements regarding disabled access and facilities, occupancy limits,
building safety, health code compliance, emergency equipment, environmental
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regulation compliance, and parking and site design shall be complied with to the
satisfaction of the Building Official, City Engineer, Planning & Community
Development Administrator, Fire Marshal, and Public Works Services Director. Any
changes to the existing facility may be subject to having fully detailed plans
submitted for plan check review and approval by the aforementioned City officials
and employees and may subject to building permits.
46. Noncompliance with the plans, provisions and conditions of approval for MUP 21-
08, ADR 21-12, TPM 21-02, a Density Bonus and a Street Vacation shall be
grounds for immediate suspension or revocation of any approvals, which could
result in the closing of the tutoring center.
47. 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 Applicants activities in connection with MUP 21-08, ADR 21-12, TPM
21-02, a Density Bonus and a Street Vacation on the Project site, and which may
arise from the direct or indirect operations of the Applicant or those of the
Applicants contractors, agents, tenants, employees or any other persons acting on
Applicants 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.
48. 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 Citys 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
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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.
49. Approval of MUP 21-08, ADR 21-12, TPM 21-02, a Density Bonus and a Street
Vacation 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.
Mitigation Measures as Conditions of Approval
The following conditions are found in the Mitigation Monitoring and Reporting Program
(MMRP). They are recorded here to facilitate review and implementation. More
information on the timing and responsible parties for these mitigation measures is
detailed in the MMRP.
50. MM-CUL-1 - Prior to commencement of construction activities, an inadvertent
discovery clause, written by an archaeologist, shall be added to all construction
plans associated with ground disturbing activities and the Project applicant shall
retain a qualified archaeologist, meeting the Secretary of the Interiors Professional
Qualification Standards for Archaeology, to prepare a Worker Environmental
Awareness Program (WEAP). The WEAP shall be submitted to the City of Arcadia
Planning and Community Development department (City) for review and approval.
All construction personnel and monitors shall be presented the WEAP training prior
to the start of construction activities. The WEAP shall be prepared to inform all
personnel working on the proposed Project about the archaeological sensitivity of
the area, to provide specific details on the kinds of archaeological materials that
may be identified during construction, to explain the importance of and legal basis
for the protection of significant archaeological resources, and to outline the actions
to be taken in the event of a discovery of cultural resources. Each worker shall also
learn the proper procedures to follow in the event that cultural resources or human
remains are uncovered during ground-disturbing activities. These procedures
include work curtailment or redirection, and the immediate contact of the site
supervisor and archaeological monitor.
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26
The WEAP shall require that a qualified archaeologist be retained and on-call to
respond to and address any inadvertent discoveries identified during initial
excavation in native soils, which underly the 2-4 feet below ground surface (bgs) of
artificial fill soils. As it pertains to archaeological monitoring, this definition excludes
movement of sediments after they have been initially disturbed or displaced by
project-related construction. If potential archaeological resources (i.e., sites,
features, or artifacts) are exposed during construction activities for the proposed
Project, the City shall be notified and all construction work occurring within 50 feet
of the find shall immediately stop until a qualified archaeologist, meeting the
Secretary of the Interiors Professional Qualification Standards for Archaeology,
can evaluate the significance of the find and determine whether or not additional
study is warranted. The archaeologist shall be empowered to temporarily stop or
redirect grading activities to allow removal of abundant or large artifacts. Depending
upon the significance of the find under the California Environmental Quality Act
(CEQA) (14 CCR 15064.5[f]; PRC, Section 21082), the archaeologist may simply
record the find and allow work to continue. If the discovery proves significant under
CEQA, additional work, such as preparation of an archaeological treatment plan
and data recovery, may be warranted. The archaeologist shall also be required to
curate any discovered specimens in a repository with permanent retrievable
storage and submit a written report to the City of Arcadia for review and approval
prior to occupancy of the first building on the site. Once approved, the final report
shall be filed with the South Central Coastal Information Center (SCCIC).
51. MM-GEO-1 - Prior to commencement of any grading activity on-site, the Applicant
shall retain a qualified paleontologist per the Society of Vertebrate Paleontology
(SVP) (2010) guidelines. The paleontologist shall prepare a Paleontological
Resources Impact Mitigation Program (PRIMP) for the Project. The PRIMP shall be
consistent with the SVP (2010) guidelines and shall outline requirements for
preconstruction meeting attendance and worker environmental awareness training,
where monitoring is required within the Project area based on construction plans
and/or geotechnical reports, procedures for adequate paleontological monitoring
and discoveries treatment, and paleontological methods (including sediment
sampling for microvertebrate fossils), reporting, and collections management. The
qualified paleontologist shall attend the preconstruction meeting and a
paleontological monitor shall be on-site during all rough grading and other
significant ground-disturbing activities in previously undisturbed, Pleistocene
alluvial deposits. These deposits may be encountered at depths as shallow as 5-10
feet below ground surface. In the event that paleontological resources (e.g., fossils)
are unearthed during grading, the paleontological monitor will temporarily halt
and/or divert grading activity to allow recovery of paleontological resources. The
area of discovery will be roped off with a 50-foot radius buffer. Once documentation
and collection of the find is completed, the monitor will remove the rope and allow
grading to recommence in the area of the find.
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27
52. MM-HAZ-1 - Prior to the issuance of a demolition permit, the Project
applicant/developer or their designated contractor shall ensure that the demolition
contract incorporate abatement procedures for the removal of materials containing
asbestos, as identified in previous surveys, and identification and removal of
polychlorinated biphenyls, hazardous material, hazardous wastes, and universal
waste items. All abatement work shall be done in accordance with federal, state,
and local regulations, including those of the U.S. Environmental Protection Agency
(which regulates disposal), Occupational Safety and Health Administration, U.S.
Department of Housing and Urban Development, California Occupational Safety
and Health Administration (which regulates employee exposure), and the South
Coast Air Quality Management District. Confirmation of adequate removal of such
materials shall be provided to the City prior to the issuance of a building permit.
53. MM-HAZ-2 - Prior to the issuance of a grading permit, the Project
applicant/developer or their designated contractor shall prepare a soil management
plan (SMP) that outlines the proper screening, handling, characterization,
transportation, and disposal procedures for contaminated soils on site. The SMP
shall include health and safety and training procedures for workers who may come
in contact with contaminated soils. The health and safety procedures shall also
include periodic breathing zone monitoring and monitoring for VOCs using a
handheld organic vapor analyzer and include required actions to be taken if
concentrations of VOCs exceed applicable screening levels for health and safety of
onsite workers. The SMP will be based on the findings of the Soil and Soil Vapor
Investigation prepared for the Project, will outline areas of known or suspected soil
contamination, and will be implemented by the applicant or their designated
contractor for all confirmed and suspected contaminated soils which require
excavation and offsite disposal. Contaminated soil shall be managed and disposed
of in accordance with applicable federal, state, and local regulations.
54. MM-HAZ-3 - Prior to the issuance of a grading permit, vapor mitigation design
features shall be implemented in accordance with the Department of Toxic
Substances Control (DTSC) Vapor Intrusion Mitigation Advisory for all future
residential buildings and enclosed structures. The construction contractor shall
incorporate vapor mitigation design features into building plans that reduce
potential vapor intrusion in buildings and enclosed structures on the Project site
below DTSC Screening Levels. Vapor mitigation systems may be passive or active
in nature, so long as they are designed to prevent vapor contamination on the
Project site in accordance with applicable DTSC regulations at the time the systems
are designed. Vapor mitigation systems must be reviewed and approved by the
permitting agency(ies) (City of Arcadia, County of Los Angeles) prior to construction
and prior to issuance of certificate of occupancy. Operation of the Project shall
maintain functionality of these features as required to continue protection from
vapor intrusion. Following completion of construction and occupancy of the
buildings, indoor air monitoring will occur semiannually for one year to verify
implemented measures are functioning properly and adequately mitigating vapor
110
28
intrusion to below residential DTSC Screening Levels. Results shall be submitted
to the City of Arcadia for confirmation of the adequacy of the designed systems. If
indoor air samples reveal vapor intrusion occurring at levels above applicable DTSC
Screening Levels, modifications shall be made, as necessary, to the designed
system to improve the efficacy in reducing vapor intrusion to below applicable
screening levels.
55. MM-TRA-1 - Prior to the issuance of demolition or grading permits, the Project
applicant/developer shall develop and implement a City-approved Construction
Traffic Control Plan. The Plan shall be prepared in accordance with applicable City
guidelines and shall address the potential for construction-related vehicular traffic,
as well as pedestrian and bicycle circulation disruption in the public right-of-way.
The Plan shall describe safe detours and shall include protocols for implementing
the following: temporary traffic controls (e.g., a flag person during heavy truck traffic
for soil export) to maintain smooth pedestrian and traffic flow; dedicated on-site turn
lanes for construction trucks and equipment leaving the site; scheduling of peak
construction truck traffic that affects traffic flow on the arterial system to off-peak
hours; consolidation of truck deliveries; and/or rerouting of construction trucks away
from congested streets or sensitive receptors.
56. MM-TCR-1 - The project applicant shall retain a Native American Monitor from or
approved by the Gabrieleño Band of Mission Indians Kizh Nation (Tribe or
Kizh). The monitor shall be retained prior to the commencement of any ground-
disturbing activity for the subject project at all project locations (i.e., both on-site
and any off-site locations that are included in the project description/definition
and/or required in connection with the project, such as public improvement work).
Ground-disturbing activity shall include, but is not limited to, demolition, pavement
removal, potholing, auguring, grubbing, tree removal, boring, grading, excavation,
drilling, and trenching. Ground-disturbing activity refers to ground disturbance
occurring from 1 foot above native soils and below, and it does not include
movement of sediments after they have been initially disturbed or displaced by
current Project-related construction.
A copy of the executed monitoring agreement shall be submitted to the lead agency
prior to the earlier of the commencement of any ground-disturbing activity, or the
issuance of any permit necessary to commence a ground-disturbing activity.
The project applicant shall retain a Native American Monitor from or approved by
the Gabrieleño Band of Mission Indians Kizh Nation (Tribe or Kizh). The
monitor shall be retained prior to the commencement of any ground-disturbing
activity for the subject project at all project locations (i.e., both on-site and any off-
site locations that are included in the project description/definition and/or required
in connection with the project, such as public improvement work). Ground-
disturbing activity shall include, but is not limited to, demolition, pavement removal,
potholing, auguring, grubbing, tree removal, boring, grading, excavation, drilling,
111
29
and trenching. Ground-disturbing activity refers to ground disturbance occurring
from 1 foot above native soils and below, and it does not include movement of
sediments after they have been initially disturbed or displaced by current Project-
related construction. A copy of the executed monitoring agreement shall be
submitted to the lead agency prior to the earlier of the commencement of any
ground-disturbing activity, or the issuance of any permit necessary to commence a
ground-disturbing activity.
On-site tribal monitoring shall conclude upon the earlier of the following (1) written
confirmation to the Kizh from a designated point of contact for the project applicant
or lead agency that all ground-disturbing activities as defined above and phases
that may involve ground-disturbing activities on the project site or in connection with
the project are complete; or (2) a determination and written notification by the Kizh
to the project applicant or lead agency that no future, planned construction activity
and/or development/construction phase at the project site possesses the potential
to impact Kizh TCRs. Upon discovery of any Kizh TCRs, all construction activities
in the immediate vicinity of the discovery shall cease (i.e., not less than the
surrounding 50 feet) and shall not resume until the Kizh recovers and retains all
discovered Kizh TCRs in the form and/or manner the Tribe deems appropriate, in
the Tribes sole discretion, and for any purpose the Tribe deems appropriate,
including for educational, cultural and/or historic purposes. The Tribe shall have up
to 48 hours to recover and retain any discovered Kizh TCRs, after which time
construction activities in the immediate vicinity of the discovery may continue.
57. MM-TCR-2 - Native American human remains are defined in PRC 5097.98 (d)(1)
as an inhumation or cremation, and in any state of decomposition or skeletal
completeness. Funerary objects, called associated grave goods in Public
Resources Code Section 5097.98, are also to be treated according to this statute.
In accordance with Health and Safety Code Section 7050.5, any discoveries of
human skeletal material shall be immediately reported to the County Coroner and
all ground-disturbing activities shall immediately halt and shall remain halted until
the coroner has determined the nature of the remains. If the coroner recognizes the
human remains to be those of a Native American or has reason to believe they are
Native American, he or she shall contact, by telephone within 24 hours, the Native
American Heritage Commission, and Public Resources Code Section 5097.98 shall
be followed.
Consistent with California Public Resources Code section 5097.98(d)(2), any items
associated with the human remains that are placed or buried with the Native
American human remains are to be treated in the same manner as the remains, but
do not by themselves constitute human remains.
Preservation in place (i.e., avoidance) is the preferred manner of treatment for
discovered human remains and/or burial goods.
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Any discovery of human remains/burial goods shall be kept confidential to prevent
further disturbance.
58. MM-TCR-3 - If the Tribe is designated by the Native American Heritage
Commission (NAHC) as the Most Likely Descendant (MLD), the Koo-nas-gna
Burial Policy shall be implemented. To the Tribe, the term human remains
encompasses more than human bones. In ancient as well as historic times, Tribal
Traditions included, but were not limited to, the preparation of the soil for burial, the
burial of funerary objects with the deceased, and the ceremonial burning of human
remains. Accordingly, if the Tribe is designated as the MLD for discovered human
remains, the prepared soil and cremation soils are to be treated in the same manner
as bone fragments that remain intact. Associated funerary objects are objects that,
as part of the death rite or ceremony of a culture, are reasonably believed to have
been placed with individual human remains either at the time of death or later; other
items made exclusively for burial purposes or to contain human remains can also
be considered as associated funerary objects. Cremations will either be removed
in bulk or by means as necessary to ensure complete recovery of all sacred
materials.
If the Tribe is designated by the NAHC as the MLD, the following condition will
apply: If the discovery of human remains includes four or more burials, the
discovery location shall be treated as a cemetery and a separate treatment plan
shall be created.
If the Tribe is designated by the NAHC as the MLD, the following condition will
apply: In the case where discovered human remains cannot be fully documented
and recovered on the same day, the remains will be covered with muslin cloth and
a steel plate that can be moved by heavy equipment placed over the excavation
opening to protect the remains. If this type of steel plate is not available, a 24-hour
guard should be posted outside of working hours. The Tribe will make every effort
to recommend diverting the project and keeping the remains in situ and protected.
If the project cannot be diverted, it may be determined that burials will be removed.
If the Tribe is designated by the NAHC as the MLD, the following condition will
apply: In the event preservation in place is not possible despite good faith efforts
by the project applicant/developer and/or landowner, before ground-disturbing
activities may resume on the project site, the landowner shall arrange a designated
site location within the footprint of the project for the respectful reburial of the
human remains and/or ceremonial objects. If the Tribe is designated by the NAHC
as the MLD, the following condition will apply: Each occurrence of human remains
and associated funerary objects will be stored using opaque cloth bags. All human
remains, funerary objects, sacred objects and objects of cultural patrimony will be
removed to a secure container on site if possible. These items should be retained
and reburied within six months of recovery. Where the Tribe is designated as the
MLD, the site of reburial/repatriation shall be on the project site but at a location
113
31
agreed upon between the Tribe and the landowner at a site to be protected in
perpetuity. There shall be no publicity regarding any cultural materials recovered.
If the Tribe is designated by the NAHC as the MLD, the following condition will
apply: The Tribe will work closely with the projects qualified archaeologist to
ensure that the excavation is treated carefully, ethically and respectfully. If data
recovery is approved by the Tribe, documentation shall be prepared and shall
include (at a minimum) detailed descriptive notes and sketches. All data recovery
and data recovery-related forms of documentation shall be approved in advance
by the Tribe. If any data recovery is performed, once complete, a final report shall
be submitted to the Tribe and the NAHC. The Tribe does NOT authorize any
scientific study or the utilization of any invasive and/or destructive diagnostics on
human remains. During ground-disturbing activities Construction contractor
NAHCs Most Likely Descendant Tribe.
114
Attachment No. 2
Aerial Photo And Zoning Information and
Photos of the Subject Property
115
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.):
DMU
Number of Units:
DMU
Property Characteristics
1972
46,200
0
Property Owner
Site Address:150 N SANTA ANITA AVE
Parcel Number: 5773-006-036
N/A
Zoning:
General Plan:
Yes
Downtown Overlay:
Downtown Parking Overlay:
Architectural Design Overlay:N/A
Yes, N/A
N/A
N/A
Residential Flex Overlay:
H-8
N/A
N/A
N/A
Special Height Overlay:
Yes, 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 26-Apr-2022
Page 1 of 1 116
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.):
DMU
Number of Units:
DMU
Property Characteristics
1961
4,600
0
Property Owner
Site Address:25 WHEELER AVE
Parcel Number: 5773-006-004
N/A
Zoning:
General Plan:
Yes
Downtown Overlay:
Downtown Parking Overlay:
Architectural Design Overlay:N/A
N/A
N/A
N/A
Residential Flex Overlay:
H-8
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 26-Apr-2022
Page 1 of 1 117
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.):
DMU
Number of Units:
DMU
Property Characteristics
1959
3,750
0
Property Owner
Site Address:31 WHEELER AVE
Parcel Number: 5773-006-005
N/A
Zoning:
General Plan:
Yes
Downtown Overlay:
Downtown Parking Overlay:
Architectural Design Overlay:N/A
N/A
N/A
N/A
Residential Flex Overlay:
H-8
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 26-Apr-2022
Page 1 of 1 118
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.):
DMU
Number of Units:
DMU
Property Characteristics
1987
9,000
1
Property Owner
Site Address:30 E SANTA CLARA ST
Parcel Number: 5773-006-010
N/A
Zoning:
General Plan:
Yes
Downtown Overlay:
Downtown Parking Overlay:
Architectural Design Overlay:N/A
N/A
N/A
N/A
Residential Flex Overlay:
H-8
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 26-Apr-2022
Page 1 of 1 119
120
121
Attachment No. 3
Tentative Parcel Map
122
9/24/2021 123
9/24/2021 124
9/24/2021 125
Attachment No. 4
Architectural Plans and Renderings
126
*NOTE: NO LOADING SPACES ARE REQUIRED AND NONE WILL BE PROVIDED
128,510 SF | 2.950 AC
FAR EXISTING OFFICE BUILDING 0.65
LIVE/WORK UNITS___________ 0.12_______
TOTAL 0.77
(108 DU/AC)
127
128
129
130
131
132
11'-6"15'-2"
CONCRETE WHEEL
STOPS, TYP
133
11'-6"15'-2"
14'-3"13'-2"
CONCRETE WHEEL
STOPS, TYP
134
12'-11"
CONCRETE WHEEL
STOPS, TYP
135
136
12'-11"14'-9"
11'-5"
14'-0"
CONCRETE WHEEL
STOPS, TYP
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
1 STONE TILE VENEER
8
2 PAINTED METAL GUARDRAIL
3
4
GLASS GUARDRAIL
5
6
ARCHTIECTURAL FINISHED CONCRETE
7
8 PERFORATED METAL PANEL
9 DECORATIVE WOOD-LIKE METAL SCREEN
10 COLOR SWATCH: EXTERIOR PLASTER - DARK GRAY
11 COLOR SWATCH: EXTERIOR PLASTER - WHITE SAND
10
11
1
CEMENT PLASTER FINISH (STUCCO)
12 COLOR SWATCH: EXTERIOR PLASTER - LIGHT GRAY
127
3
4
VERTICAL SIDING WITH WOOD-LIKE FINISH
DARK BRONZE STOREFRONT
85
2
9
160
A
05 23 21
20 301
1
161
A
05 23 21
20 301
1
162