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HomeMy WebLinkAbout5-10-22 Agenda Packet Part 1 of 2CITY OF ARCADIA Arcadia Planning Commission Regular Meeting Agenda Tuesday, May 10, 2022, 7:00 p.m. Pursuant to the Americans with Disabilities Act, persons with a disability who require a disability related modification or accommodation in order to participate in a meeting, including auxiliary aids or services, may request such modification or accommodation from Planning Services at (626) 574-5423. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to the meeting. (626) 574-5423 48 Pursuant to the City of Arcadia’s Language Access Services Policy, limited-English proficient speakers who require translation services in order to participate in a meeting may request the use of a volunteer or professional translator by contacting the City Clerk’s Office at (626) 574-5455 at least 72 hours prior to the meeting. 626-574-5455 72 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. 1 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. 2 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 City’s 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 3 Resolution No. 2095 - MFADR 21-06 and TPM 22-01 (83722) 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 City’s 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 4 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. 5 Resolution No. 2095 - MFADR 21-06 and TPM 22-01 (83722) 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 . 6 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 7 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 City’s 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 City’s General Plan, Development Code, and the State’s 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 City’s 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 City’s neighborhoods and districts. 8 Resolution No. 2095 - MFADR 21-06 and TPM 22-01 (83722) 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 City’s 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. 9 Resolution No. 2095 - MFADR 21-06 and TPM 22-01 (83722) 161 Alice Street May 10, 2022 – Page 8 of 13 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 City’s existing infrastructure will adequately serve the new development, and the requirements of the California Regional Water Quality Control Board will be satisfied. G. The proposed design and site improvements of the subdivision conform to the regulations of the City’s Development Code and the regulations of any public agency having jurisdiction by law. Facts in Support of the Finding: The proposed design of the multi-family development is in conformance with the City’s 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 City’s 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 City’s Multifamily Residential Design Guidelines. All City requirements regarding disabled access and facilities, occupancy limits, building safety, health code compliance, emergency equipment, environmental regulation compliance, and parking and site design shall be complied with by the property owner/applicant to the satisfaction of the Building Official, City Engineer, Planning & Community Development Administrator, Fire Marshal, and Public Works Services Director, or their respective designees. ENVIRONMENTAL ASSESSMENT It has been determined that the project site is less than five (5) acres; the project site has no value as 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. 10 Resolution No. 2095 - MFADR 21-06 and TPM 22-01 (83722) 161 Alice Street May 10, 2022 – Page 9 of 13 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. 11 Resolution No. 2095 - MFADR 21-06 and TPM 22-01 (83722) 161 Alice Street May 10, 2022 – Page 10 of 13 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 Department’s 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. 12 Resolution No. 2095 - MFADR 21-06 and TPM 22-01 (83722) 161 Alice Street 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 City’s 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 Applicant’s 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 Applicant’s contractors, agents, tenants, employees or any other persons acting on Applicant’s behalf, which relate to the development and/or construction of the Project. This indemnity provision applies to all damages and claims, actions, or proceedings for damages, as described above, regardless of whether the City 13 Resolution No. 2095 - MFADR 21-06 and TPM 22-01 (83722) 161 Alice Street May 10, 2022 – Page 12 of 13 prepared, supplied, or approved the plans, specifications, or other documents for the Project. In the event of any legal action challenging the validity, applicability, or interpretation of any provision of this approval, or any other supporting document relating to the Project, the City will promptly notify the Applicant of the claim, action, or proceedings and will fully cooperate in the defense of the matter. Once notified, the Applicant must indemnify, defend and hold harmless the Indemnitees, and each of them, with respect to all liability, costs and expenses incurred by, and/or awarded against, the City or any of the Indemnitees in relation to such action. Within 15 days’ notice from the City of any such action, Applicant shall provide to City a cash deposit to cover legal fees, costs, and expenses incurred by City in connection with defense of any legal action in an initial amount to be reasonably determined by the City Attorney. City may draw funds from the deposit for such fees, costs, and expenses. Within 5 business days of each and every notice from City that the deposit has fallen below the initial amount, Applicant shall replenish the deposit each and every time in order for City’s legal team to continue working on the matter. City shall only refund to Developer any unexpended funds from the deposit within 30 days of: (i) a final, non-appealable decision by a court of competent jurisdiction resolving the legal action; or (ii) full 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. 14 Resolution No. 2095 - MFADR 21-06 and TPM 22-01 (83722) 161 Alice Street May 10, 2022 – Page 13 of 13 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 Commission’s decision and specific findings. If any Planning Commissioner, or other interested party has any questions or comments regarding this matter prior to the 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 15 Attachment No. 1 Attachment No. 1 Resolution No. 20 16 17 18 19 20 21 22 23 24 25 26 27 Attachment No. 2 Attachment No. 2 Aerial Photo with Zoning Information and Photos of the Subject Site 28 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 30 31 32 Attachment No. 3 Attachment No. 3 Tentative Parcel Map No. TPM 2 -0 (83 ) 33 34 Attachment No. 4 Attachment No. 4 Architectural Plans 35 36 37 38 39 40 41 42 43 44 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 Agency’s Staff, having undertaken and completed a preliminary review of this project in accordance with the Lead Agency's "Local Guidelines for Implementing the California Environmental Quality Act (CEQA)" has concluded that this project does not require further environmental assessment because: a.The proposed action does not constitute a project under CEQA. b.The project is a Ministerial Project. c.The project is an Emergency Project. d.The project constitutes a feasibility or planning study. e.The project is categorically exempt. Applicable Exemption Class: 15332 –Class 32 (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 City’s 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. 47 150 N. Santa Anita Ave. Alexan Mixed-Use Project May 10, 2022 Page 2 of 36 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 City’s 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 48 150 N. Santa Anita Ave. Alexan Mixed-Use Project May 10, 2022 Page 3 of 36 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. 49 150 N. Santa Anita Ave. Alexan Mixed-Use Project May 10, 2022 Page 4 of 36 Figure 3 - Renderings 50 150 N. Santa Anita Ave. Alexan Mixed-Use Project May 10, 2022 Page 5 of 36 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 County’s 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 51 150 N. Santa Anita Ave. Alexan Mixed-Use Project May 10, 2022 Page 6 of 36 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 State’s 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 52 150 N. Santa Anita Ave. Alexan Mixed-Use Project May 10, 2022 Page 7 of 36 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 project’s 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 53 150 N. Santa Anita Ave. Alexan Mixed-Use Project May 10, 2022 Page 8 of 36 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 54 150 N. Santa Anita Ave. Alexan Mixed-Use Project May 10, 2022 Page 9 of 36 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. 55 150 N. Santa Anita Ave. Alexan Mixed-Use Project May 10, 2022 Page 10 of 36 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 City’s 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. 56 150 N. Santa Anita Ave. Alexan Mixed-Use Project May 10, 2022 Page 11 of 36 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 City’s 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 57 150 N. Santa Anita Ave. Alexan Mixed-Use Project May 10, 2022 Page 12 of 36 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 City’s 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. 58 150 N. Santa Anita Ave. Alexan Mixed-Use Project May 10, 2022 Page 13 of 36 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 City’s land use and compatible with surrounding existing uses. Policy LU-1.8: Encourage development types that support transit and other alternative forms of transportation, including bicycling and walking. Policy LU-4.2: Encourage residential development that enhances the visual character, quality, and uniqueness of the City’s neighborhoods and districts. Policy LU-4.3: Require the provision of adequate private and common open space for residential units. Require sufficient on-site recreational facilities to meet the daily needs of residents, if possible, commensurate with the size of the development. Policy LU-6.4: Encourage design approaches that create a cohesive, vibrant look and that minimize the appearance of expansive parking lots on major commercial corridors for new or redeveloped uses. Policy LU-6.5: Where mixed use is permitted, promote commercial uses that are complementary to adjacent residential uses. 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. 59 150 N. Santa Anita Ave. Alexan Mixed-Use Project May 10, 2022 Page 14 of 36 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 60 150 N. Santa Anita Ave. Alexan Mixed-Use Project May 10, 2022 Page 15 of 36 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 61 150 N. Santa Anita Ave. Alexan Mixed-Use Project May 10, 2022 Page 16 of 36 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 City’s General Plan, Development Code, and the State Subdivision Map Act. It has been determined that the proposed subdivision is consistent with the General Plan 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 City’s land use and compatible with surrounding existing uses. 62 150 N. Santa Anita Ave. Alexan Mixed-Use Project May 10, 2022 Page 17 of 36 Policy LU-1.8: Encourage development types that support transit and other alternative forms of transportation, including bicycling and walking. Policy LU-4.2: Encourage residential development that enhances the visual character, quality, and uniqueness of the City’s neighborhoods and districts. Policy LU-4.3: Require the provision of adequate private and common open space for residential units. Require sufficient on-site recreational facilities to meet the daily needs of residents, if possible, commensurate with the size of the development. Policy LU-6.4: Encourage design approaches that create a cohesive, vibrant look and that minimize the appearance of expansive parking lots on major commercial corridors for new or redeveloped uses. Policy LU-6.5: Where mixed use is permitted, promote commercial uses that are complementary to adjacent residential uses. 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 84’11”, 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 City’s existing infrastructure will adequately serve the new development. In 63 150 N. Santa Anita Ave. Alexan Mixed-Use Project May 10, 2022 Page 18 of 36 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 City’s 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 City’s 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 City’s Development Code, and all the improvements required for the site and each unit will comply with the regulations in the City’s Development Code. 64 150 N. Santa Anita Ave. Alexan Mixed-Use Project May 10, 2022 Page 19 of 36 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 65 150 N. Santa Anita Ave. Alexan Mixed-Use Project May 10, 2022 Page 20 of 36 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 Plan’s 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 City’s 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 City’s 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). 66 150 N. Santa Anita Ave. Alexan Mixed-Use Project May 10, 2022 Page 21 of 36 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. 67 150 N. Santa Anita Ave. Alexan Mixed-Use Project May 10, 2022 Page 22 of 36 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 Supporter’s 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 Recorder’s office prior to the issuance of 68 150 N. Santa Anita Ave. Alexan Mixed-Use Project May 10, 2022 Page 23 of 36 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 Attorney’s 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 Recorder’s Office after the final map has been recorded. Prior to their recordation, the Applicant/Owner shall submit the CC&R’s to the City for review and approval by the City, and shall obtain the City Attorney’s 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&R’s 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 City’s 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 69 150 N. Santa Anita Ave. Alexan Mixed-Use Project May 10, 2022 Page 24 of 36 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 Recorder’s 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 City’s 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. 70 150 N. Santa Anita Ave. Alexan Mixed-Use Project May 10, 2022 Page 25 of 36 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 City’s 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 71 150 N. Santa Anita Ave. Alexan Mixed-Use Project May 10, 2022 Page 26 of 36 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 City’s 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. 72 150 N. Santa Anita Ave. Alexan Mixed-Use Project May 10, 2022 Page 27 of 36 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 73 150 N. Santa Anita Ave. Alexan Mixed-Use Project May 10, 2022 Page 28 of 36 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 Board’s NPDES General Construction Permit requirements: a. Applicant submit Notice of Intent along with applicable fees to the State. b. Applicant to prepare a Stormwater Pollution Prevention Plan. c. City will not issue a grading permit until Waste Discharge ID # can be furnished. 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, 74 150 N. Santa Anita Ave. Alexan Mixed-Use Project May 10, 2022 Page 29 of 36 employees, and attorneys of the City (“Indemnitees”) harmless from liability for damages and/or claims, actions, or proceedings for damages for personal injuries, including death, and claims for property damage, and with respect to all other actions and liabilities for damages caused or alleged to have been caused by reason of the Applicant’s activities in connection with 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 Applicant’s contractors, agents, tenants, employees or any other persons acting on Applicant’s behalf, which relate to the development and/or construction of the Project. This indemnity provision applies to all damages and claims, actions, or proceedings for damages, as described above, regardless of whether the City prepared, supplied, or approved the plans, specifications, or other documents for the Project. 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 City’s legal team to continue working on the matter. City shall only refund to Developer any unexpended funds from the deposit within 30 days of: (i) a final, non-appealable decision by a court of competent jurisdiction resolving the legal action; or (ii) full 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. 75 150 N. Santa Anita Ave. Alexan Mixed-Use Project May 10, 2022 Page 30 of 36 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 Interior’s 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 Interior’s 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 76 150 N. Santa Anita Ave. Alexan Mixed-Use Project May 10, 2022 Page 31 of 36 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 77 150 N. Santa Anita Ave. Alexan Mixed-Use Project May 10, 2022 Page 32 of 36 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- 78 150 N. Santa Anita Ave. Alexan Mixed-Use Project May 10, 2022 Page 33 of 36 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 Tribe’s 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. 79 150 N. Santa Anita Ave. Alexan Mixed-Use Project May 10, 2022 Page 34 of 36 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. 80 150 N. Santa Anita Ave. Alexan Mixed-Use Project May 10, 2022 Page 35 of 36 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 project’s 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 NAHC’s “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. 81 150 N. Santa Anita Ave. Alexan Mixed-Use Project May 10, 2022 Page 36 of 36 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 Commission’s 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 82 Attachment No. 1 Resolution No. 2093 83 1 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 84 2 WHEREAS, on August 5, 2021, a scoping meeting was held virtually, as allowed per Governor’s 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 85 3 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 86 4 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 City’s land use and compatible with surrounding existing uses. • Policy LU-1.8: Encourage development types that support transit and other alternative forms of transportation, including bicycling and walking. • Policy LU-4.2: Encourage residential development that enhances the visual character, quality, and uniqueness of the City’s neighborhoods and districts. • Policy LU-4.3: Require the provision of adequate private and common open space for residential units. Require sufficient on-site recreational facilities to meet the daily needs of residents, if possible, commensurate with the size of the development. • Policy LU-6.4: Encourage design approaches that create a cohesive, vibrant look and that minimize the appearance of expansive parking lots on major commercial corridors for new or redeveloped uses. • Policy LU-6.5: Where mixed use is permitted, promote commercial uses that are complementary to adjacent residential uses. 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. 87 5 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 88 6 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. 89 7 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 90 8 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 City’s General Plan, Development Code, and the State Subdivision Map Act. It has been determined that the proposed subdivision is consistent with the General Plan 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 91 9 Act regulations and there is no specific plan applicable to this Project. The Project will not adversely affect the comprehensive General Plan and is consistent with the following General Plan goals and policies: Land Use and Community Design Element • Policy LU-1.1: Promote new infill and redevelopment projects that are consistent with the City’s land use and compatible with surrounding existing uses. • Policy LU-1.8: Encourage development types that support transit and other alternative forms of transportation, including bicycling and walking. • Policy LU-4.2: Encourage residential development that enhances the visual character, quality, and uniqueness of the City’s neighborhoods and districts. • Policy LU-4.3: Require the provision of adequate private and common open space for residential units. Require sufficient on-site recreational facilities to meet the daily needs of residents, if possible, commensurate with the size of the development. • Policy LU-6.4: Encourage design approaches that create a cohesive, vibrant look and that minimize the appearance of expansive parking lots on major commercial corridors for new or redeveloped uses. • Policy LU-6.5: Where mixed use is permitted, promote commercial uses that are complementary to adjacent residential uses. 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 92 10 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 84’11”, 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 City’s existing infrastructure will adequately serve the new development. In addition, the Project meets all health and safety requirements, and will not cause any public health or safety problems. 93 11 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 City’s 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. 94 12 13. The proposed subdivision, its design, density, and type of development and improvements conforms to the regulations of the City’s Development Code and the regulations of any public agency having jurisdiction by law. FACT: The proposed Tentative Parcel Map as conditioned, and following the application of a density bonus, complies with the density requirements of the City’s Development Code, and all the improvements required for the site and each unit will comply with the regulations in the City’s Development Code. 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. 95 13 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 96 14 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 Plan’s 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 City’s 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. 97 15 • Policy CI-7.1: Ensure that parking requirements in the City’s 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 98 99 17 Page Internationally Left Blank 100 18 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 Recorder’s 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 Attorney’s 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 Recorder’s Office after the final map has been recorded. Prior to their recordation, the Applicant/Owner shall submit the CC&R’s to the City for review and approval by the City, and shall obtain the City Attorney’s 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&R’s 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 City’s 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. 101 19 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 Recorder’s 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 City’s 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 102 20 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. 103 21 19. The Applicant/Property Owner will be required to pay the City’s 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 City’s 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 104 22 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 105 23 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 Board’s NPDES General Construction Permit requirements: a. Applicant submit Notice of Intent along with applicable fees to the State. b. Applicant to prepare a Stormwater Pollution Prevention Plan. c. City will not issue a grading permit until Waste Discharge ID # can be furnished. 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 106 24 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 Applicant’s 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 Applicant’s contractors, agents, tenants, employees or any other persons acting on Applicant’s behalf, which relate to the development and/or construction of the Project. This indemnity provision applies to all damages and claims, actions, or proceedings for damages, as described above, regardless of whether the City prepared, supplied, or approved the plans, specifications, or other documents for the Project. 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 City’s legal team to continue working on the matter. City shall only refund to Developer any unexpended funds from the deposit within 30 days of: (i) a 107 25 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 Interior’s 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. 108 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 Interior’s 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. 109 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 Tribe’s 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. 112 30 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 project’s 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 NAHC’s “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