Loading...
HomeMy WebLinkAbout9-27-22 PC Agenda PacketCITY OF ARCADIA Arcadia Planning Commission Regular Meeting Agenda Tuesday, September 27, 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 Brad Thompson, Chair Vincent Tsoi, Vice Chair Angela Hui, Commissioner Domenico Tallerico, 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. 2103 – Approving an Amendment to Conditional Use Permit No. CUP 84-24 with a Parking Modification and a Categorical Exemption Under the California Environmental Quality Act (“CEQA”) to allow Arcadia Care Center to increase the number of patients and beds from 117 to 161 at the existing convalescent facility located at 1601 S. Baldwin Avenue Recommendation: Adopt Resolution No. 2103 Applicant: Keith Levine There is a ten day appeal period after the adoption of the Resolution. If adopted, appeals are to be filed by 5:30 p.m. on Monday, October 10, 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. 2. Minutes of the July 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, October 11, 2022, at 7:00 p.m. 2 Welcome to the Arcadia Planning Commission Meeting! The Planning Commission encourages public participation, and invites you to share your views on City business. MEETINGS: Regular Meetings of the Planning Commission are held on the second and fourth Tuesdays of each month at 7:00 p.m. in the City Council Chambers. A full Planning Commission agenda packet with all backup information is available at City Hall, the Arcadia Public Library, and on the City’s website at www.ArcadiaCA.gov. Copies of individual Agenda Reports are available via email upon request (Planning@ArcadiaCA.gov). Documents distributed to a majority of the Planning Commission after the posting of this agenda will be available for review at the Planning Services Office in City Hall, 240 W. Huntington Drive, Arcadia, California. CITIZEN PARTICIPATION: Your participation is welcomed and invited at all Planning Commission meetings. Time is reserved at each regular meeting for those in the audience who wish to address the Planning Commission. The City requests that persons addressing the Planning Commission refrain from making personal, slanderous, profane, or disruptive remarks. When the Chair asks for those who wish to speak please come to the podium and state your name and address for the record. Please provide a copy of any written materials used in your address to the Planning Commission as well as a copy of any printed materials you wish to be distributed to the Planning Commission. MATTERS NOT ON THE AGENDA should be presented during the time designated as “PUBLIC COMMENTS.” In general, each speaker will be given (5) minutes to address the Planning Commission; however, the Chair, at his/her discretion, may shorten the speaking time limit to allow all speakers time to address the Planning Commission. By State law, the Planning Commission may not discuss or vote on items not on the agenda. The matter will automatically be referred to staff for appropriate action or response, or will be placed on the agenda of a future meeting. PUBLIC HEARINGS AND APPEALS are items scheduled for which public input is either required or desired. Separate and apart from an applicant or appellant (who may speak longer at the discretion of the Planning Commission), speakers shall be limited to (5) minutes per person. The Chair, at his/her discretion, may shorten the speaking time limit to allow all speakers to address the Planning Commission. The applicant or appellant may also be afforded an additional opportunity for rebuttal comments. AGENDA ITEMS: The Agenda contains the regular order of business of the Planning Commission. Items on the Agenda have generally been reviewed and investigated by the City Staff in advance of the meeting so that the Planning Commission can be fully informed about a matter before making its decision. CONSENT CALENDAR: Items listed on the Consent Calendar are considered to be routine by the Planning Commission and may be acted upon by one motion. There will be no separate discussion on these items unless a member of the Planning Commission, Staff, or the public so requests. In this event, the item will be removed from the Consent Calendar and considered and acted on separately. DECORUM: While members of the public are free to level criticism of City policies and the action(s) or proposed action(s) of the Planning Commission or its members, members of the public may not engage in behavior that is disruptive to the orderly conduct of the proceedings, including, but not limited to, conduct that prevents other members of the audience from being heard when it is their opportunity to speak, or which prevents members of the audience from hearing or seeing the proceedings. Members of the public may not threaten any person with physical harm or act in a manner that may reasonably be interpreted as an imminent threat of physical harm. All persons attending the meeting are expected to adhere to the City’s policy barring harassment based upon a person’s race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, gender, sexual orientation, or age. The Chief of Police, or such member or members of the Police Department, may serve as the Sergeant-at-Arms of the Planning Commission meeting. The Sergeant-at-Arms shall carry out all orders and instructions given by the presiding official for the purpose of maintaining order and decorum at the meeting. Any person who violates the order and decorum of the meeting may be placed under arrest and such person may be prosecuted under the provisions of Penal Code Section 403 or applicable Arcadia Municipal Code section. 3 DATE: September 27, 2022 TO: Honorable Chairman and Planning Commission FROM: Lisa L. Flores, Planning & Community Development Administrator By: Vanessa Quiroz, Associate Planner SUBJECT: RESOLUTION NO. 2103 APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. CUP 84-24 WITH A PARKING MODIFICATION AND A CATEGORICAL EXEMPTION UNDER THE TO ALLOW ARCADIA CARE CENTER TO INCREASE THE NUMBER OF PATIENTS AND BEDS FROM 117 TO 161 AT THE EXISTING CONVALESCENT FACILITY LOCATED AT 1601 S. BALDWIN AVENUE Recommendation: Adopt SUMMARY The Applicant, Keith Levine, on behalf of the Arcadia Care Center, is requesting to amend Conditional Use Permit Application No. CUP 84-24 with a parking modification to increase the number of patients and beds from 117 to 161 and reduce the required parking from 67 spaces to 54 spaces at the existing convalescent facility located at 1601 S. Baldwin Avenue. The amendment would include a valet service for certain hours of the day and a shared parking agreement with the property at 1505 S. Baldwin Avenue. It is recommended that the Planning Commission adopt Resolution No. 2103 (Attachment No. 1) and find this project Categorically Exempt under CEQA and approve Amendment to Conditional Use Permit No. CUP 84-24 with a parking modification, subject to the conditions listed in this staff report. BACKGROUND The subject site is approximately 2.16 acres and is currently developed with a 44,643 square foot, single-story building that has three courtyards in the middle refer to Figure No. 1 below for an aerial view of the site. The property is zoned High Density Residential (R-3) with a High Density Residential (HDR) Land Use Designation. The site is located south of the commercial area along S. Baldwin Avenue between Camino Real Avenue 4 Resolution No. 2103 Amendment to CUP No. 84-24 September 27, 2022 Page 2 of 11 and Callita Street. The site is surrounded by a convalescent/retirement facility to the north, multi-family residential properties across the street, and single-family properties to the south - refer to Attachment No. 2 for an Aerial Photo with Zoning Information and Photos of the subject property. In November of 1960, the convalescent facility was approved by the City Council with up to 66 patients and beds under Variance application No. 60-10. In 1966, the City Council increased the occupancy from 66 to 74 patients and beds, and in 1984, Conditional Use Permit No. 84-24 was approved with a parking modification to allow up to 117 patients and beds with a subterranean parking structure for 52 spaces in lieu of 59 spaces. Of the 52 parking spaces, 20 surface parking spaces are located at the rear of the site and the remaining 32 parking spaces are within the subterranean parking structure. The site has three driveways; one to access the parking lot at the rear of the site, another one to access the subterranean parking structure, and a one-way circular driveway for passenger loading/unloading along the front of the property. In March of 2020, the State issued an Emergency Order (Executive Order No. N-39-20) which allowed hospitals and post recovery facilities to exceed their capacities for patients during the Covid-19 pandemic. During this time, Arcadia Care Center was allowed to increase their capacity with 47 extra beds USC Arcadia) with the overflow of patients that needed additional post recovery care support after they were released. Since 2020, the facility had 164 patients and beds. The Emergency Order expires on October 1, 2022. PROPOSAL The Arcadia Care Center has been in operation since 1962 and provides 24-hour nursing care for long-term and short-term recovery care to patients ages 65 and older see Figure No. 2 below for a front view of the convalescent facility. They are now requesting to amend the CUP along with the existing parking modification to keep 44 of the 47 additional patients and beds that they were allowed for under the Emergency Order (Executive N 5 Resolution No. 2103 Amendment to CUP No. 84-24 September 27, 2022 Page 3 of 11 Order No. N-39-20) since 2020. The convalescent facility was able to accommodate the new patients and beds within existing patient rooms without having to expand the building refer to Attachment No. 3 for the floor plans. A total of 28 single bedrooms were converted to doubles, and four were converted to quads. The existing visiting hours are from 10:00 a.m. to 6:00 p.m., daily. The visitation is limited to 30 minutes per guest. For a care facility, the Development Code requires one parking space for every 3 beds. A total of 15 parking spaces are required for the extra 44 beds, resulting in a total of 67 required parking spaces for all the beds within the facility. Since the site is built-out and does not have space to provide new parking stalls on the site, the convalescent facility is proposing a new valet service during the busiest times of the day from 6:45 a.m. to 3:45 p.m., daily, however since visitation hours does not end until 7:00 p.m., Staff is requiring that the valet service ends at 7:00 p.m., after the last leaves - refer to condition no. 3. The valet company can park 12 more vehicles on site and all the employees and guests will be required to use the valet service during this time, except for the ADA parking spaces which must remain as self-parked at all times per the Building Code. The valet company that evaluated the site has been in business for over 50 years. Their proposal is to have two drivers on-site to manage all the parking. Six of the 12 new valet parking spaces will be located in the subterranean parking structure and the other six spaces will be provided at the rear parking lot refer to Attachment No. 4 for the Valet Operation Statement and Parking Plan. The existing one-way circular driveway at the front of the building will be -up and drop-off will take place on the subterranean parking structure driveway see Figure 3 below for the Site Plan. The property owner is also leasing five (5) parking spaces from the adjacent commercial site at 1505 S. Baldwin Avenue since they have six (6) extra parking spaces available beyond what the Code requires for their use. The five parking spaces will only be used by Arcadia Care Center staff and the shared parking agreement will remain in place while this Amendment is in place refer to condition of approval no. 3. As for the rest of the business hours from 7:30 p.m. to 6:30 a.m., the site has sufficient parking for the employees as it has in the last two years during the pandemic. Staff confirmed with the Arcadia Police Department and Code Services and no complaints were received regarding any issues related to parking over the last two years. Figure No. 2 Arcadia Care Center 6 Resolution No. 2103 Amendment to CUP No. 84-24 September 27, 2022 Page 4 of 11 There is also public street parking along S. Baldwin Avenue that has been used by both staff and visitor throughout the years. There is no time limit on street parking during the day. With the combination of both the valet service and shared parking, this will adequately address the required parking for the additional patients and beds. ANALYSIS The Arcadia Care Center has operated at a higher occupancy for the last two years under temporary Emergency Order and it has proven that the facility has the capacity to accommodate the additional patients, beds, and parking. The convalescent facility was able to add most of the new bed within existing one bedroom occupancy, therefore becoming a double-occupancy room. The operational characteristic of the convalescent facility has remained the same as it has for over 60 years and will continue to provide a health care service to elderly patients in need of short-term and long-term recovery after surgery or serious illness and provide support to the local hospitals. Parking has been managed with no impacts to the public streets and street parking then what has been in place and will continue to be available to staff and visitors. No impacts or complaints were submitted to City staff since the temporary increase in capacity was allowed. However, the request to make the additional 44 patients and beds permanent requires 15 additional parking spaces. Since the site is built out, the convalescent facility is proposing alternative methods to provide the additional parking through a new valet service and shared parking. Although the additional 12 valet spaces will not be available at all times of the day, the valet service will operate from 6:30 a.m. to 7:00 p.m., during their busiest time for their staff and visitors. Staff does not anticipate any parking problems after those hours as the shift decreases from 90 employees after 3:00 p.m. to 46 employees, and down to 23 employees after 11:00 p.m. until 7:00 a.m. The work shifts are regulated and set by the State; therefore the facility does not have the authority to change or rearrange the shifts. As a result, the major turnovers in parking will take place during the valet hours. After these hours, the site will have sufficient space on site (52 parking spaces) to allow all staff members to self-park. N Figure No. 3 Site Plan 7 Resolution No. 2103 Amendment to CUP No. 84-24 September 27, 2022 Page 5 of 11 During the valet hours, the operator will arrange the vehicles in a manner that provides sufficient space for circulation and will provide a turnaround area so that all vehicles can be safely maneuvered in and out of the parking lots. No vehicles shall be parked behind the ADA stalls nor in the fire lane. The convalescent facility will continue to accommodate the capacity of the proposed amendment and will continue to be a compatible use with the surrounding residential properties and the adjacent convalescent/retirement facility. A condition has been placed on the project that if this Amendment creates any future parking impacts to the adjacent uses and/or streets, that the parking management plan and/or valet service maybe adjusted to mitigate any potential problems, or the City could require other solutions. The convalescent facility will still be required to comply with all the requirements regulated by the Los Angeles County Public Health Department and any State agencies that regulate the convalescent facility. FINDINGS Conditional Use Permit Section 9107.09.050(B) of the Development Code requires that for an Amendment to a Conditional Use Permit to be granted, it must be found that all of the following prerequisite conditions can be satisfied: 1. The proposed use is consistent with the General Plan and any applicable specific plan and is allowed within the applicable zone, subject to the granting of a Conditional Use Permit, and comply with all other applicable provisions of the Development Code and the Municipal Code. Facts to Support This Finding: The Amendment to CUP No. 84-24 with the parking modification to increase the number of patients and beds within the existing convalescent facility is still consistent with the goals and provisions of the Arcadia General Plan and the Development Code in that the use will continue to provide a health care service to help the patients in need of short-term recovery and/or rehab after surgery or serious illness. The use of the convalescent facility will not change under this Amendment, and the additional beds for the new patients will comply with all the provisions of the Development Code since the new valet service and shared parking agreement with the adjacent property owner at 1505 S. Baldwin Avenue will help mitigate the parking deficiency from the new patients. Therefore, the Amendment Development Code in that the General Plan encourages the retention, rehabilitation, es of their lives. 8 Resolution No. 2103 Amendment to CUP No. 84-24 September 27, 2022 Page 6 of 11 2. 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 Arcadia Care Center has been in operation for over 60 years and the Amendment to CUP No. 84-24 will allow for more patients and beds within the existing facility, but the use will continue to be compatible with the surrounding uses since the operation is not changing and no expansion to the building footprint is being proposed. All of the rooms can accommodate the additional beds. Additionally, the proposed Amendment will not impact the overall operational characteristic of the convalescent facility or create a potential parking issue since this will be mitigated through a new valet service from 6:30 a.m. to 7:00 p.m., every day and a shared parking agreement for five (5) additional parking spaces off-site at 1505 S. Baldwin Avenue. A condition of approval allows the City to extend the hours for the valet service and/or other solutions to rectify the situation should the use create a potential impact to the nearby uses in terms of parking in the future. Therefore, the increase in patients and beds at this convalescent facility will continue to be compatible with the existing and future land uses in the vicinity. 3. The site is physically suitable in terms of: a. Its design, location, shape, size, and operating characteristics of the proposed use in order to accommodate the use, and all fences, landscaping, loading, parking, spaces, walls, yards, and other features required to adjust the use with the land and uses in the neighborhood. Facts to Support This Finding: The site is physically suitable to accommodate the proposed Amendment to CUP 84-24 for the additional 44 new patients and beds within the existing convalescent facility since they will be placed within the existing rooms and all of them have ample space to accommodate the extra beds. The Applicant/Property Owner will be required to bring the facility up into compliance with all the Fire and Building Code requirements. The valet service and the shared parking agreement with the adjacent property owner at 1505 S. Baldwin Avenue will help to ensure the required parking is met during their peak periods from 6:30 a.m. to 7:00 p.m., every day. The site will be required to meet all the accessibility requirements, including parking. Therefore, the site will be able to physically accommodate the Amendment to the existing convalescent facility and will continue to be suitable for the use. 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 site is located along the west side of S. Baldwin Avenue between Camino Real Avenue and Callita Street. These streets are still adequate in width and pavement type to carry the traffic generated by the existing convalescent facility and any emergency vehicle. Therefore, the Amendment will not impact these streets. c. Public protection services (e.g., fire protection, police protection, etc.). 9 Resolution No. 2103 Amendment to CUP No. 84-24 September 27, 2022 Page 7 of 11 Facts to Support This Finding: The Fire Department has reviewed the Amendment and has included conditions of approval to ensure Fire and Building Code requirements are met as part of the increase in the number of patients and beds prior to clearance from the Fire Department. The Police Department has also reviewed the application and they do not have any concerns. Therefore, no impacts to public protection services are anticipated. d. The provision of utilities (e.g., potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.). Facts to Support This Finding: The existing building was built with adequate utilities. No physical expansion or additional square footage is proposed to this building as part of the increase in the number of patients and beds, nor are any upgrades required. Therefore, no impacts to utilities are anticipated. 4. The measure of site suitability shall be required to ensure that the type, density, and intensity of use being proposed will not adversely affect the public convenience, health, interest, safety, or general welfare, constitute a nuisance, or be materially injurious to the improvements, persons, property, or uses in the vicinity and zone in which the property is located. Facts to Support This Finding: The Amendment to CUP 84-24 will not change the overall operation of the use but it will allow the convalescent facility to continue to provide support to the local hospital and recovery care support to their patients. The business has shown that they could handle this additional capacity since the facility had provided the extra beds and patients during Covid to assist the nearby hospital with the overflow of patients who needed recovery and/or reh amount of parking required for the additional beds will be accommodated by a new valet service and shared parking during the peak hours of the convalescent facility. Therefore, no potential impacts to parking are anticipated. The convalescent facility will continue to comply with all the requirements of the Los Angeles County Public Health Department and any State agencies that regulate the convalescent facility. As such, the Amendment to the convalescent facility will not create a nuisance or be materially injurious to the improvements, persons, property and uses within the site and vicinity, or the other surrounding residential and commercial properties, or detrimental to the general public health or welfare. ENVIRONMENTAL ANALYSIS It has been determined that the amendment qualifies as a Class 1 Categorical Exemption per the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines for the use of an existing facility - refer to Attachment No. 5 for the Preliminary Exemption Assessment. PUBLIC COMMENTS/NOTICE 10 Resolution No. 2103 Amendment to CUP No. 84-24 September 27, 2022 Page 8 of 11 The item was originally scheduled for the August 9, 2022, Planning Commission Meeting, however, one of the property owners of the Arcadia HealthCare LLC requested to postpone the item since they wanted to change their leasing agreement with Arcadia Care Center. The public hearing notices for this item were mailed to the owners of those properties that are located within 300 feet of the subject property and published in the Arcadia Weekly on July 28, 2022, and again on September 15, 2022. Staff has not received any comments from either of the notices. RECOMMENDATION It is recommended that the Planning Commission adopt Resolution No. 2103 approving Amendment to Conditional Use Permit No. CUP 84-24 with a parking modification to increase the number of patients and beds to from 117 to 161 and reduce the required parking from 67 to 54 spaces at the existing convalescent facility, and find that the project is Categorically Exempt under Section 15301 of the California Environmental Quality Act (CEQA), subject to the following conditions of approval: 1. The approval is limited to an Amendment to CUP 84-24 with a parking modification to increase the number of patients and beds from 117 to 161 within the existing convalescent facility. The use shall remain as a convalescent facility. 2. The Applicant/Property Owner shall enter into a contract for valet service and maintain valet service at all times while the Amendment to CUP 84-24 remains in place. Within 45 days from this approval, the Applicant/Property Owner shall submit a copy of the contract for the valet service and parking management plan to the Planning Division. The 45-day deadline may be extended upon approval by the Planning & Community Development Administrator, if the Applicant/Property Owner is showing good faith in negotiation and executing a contract with a valet company. The valet service hours shall begin at 6:30 AM and end no sooner than 7:00 PM, daily. The Planning & Community Development Administrator has the ability to extend the hours of the valet service and/or modify the parking management plan to address any parking concerns, provide new solutions if there is a potential impact, or remand this approval back to the Planning Commission for review and reconsideration of the use after due notice to the Applicant/Property Owner. 3. The Applicant/ Property Owner shall prepare a shared parking agreement for five (5) parking spaces between both properties at 1601 S. Baldwin Avenue and 1505 S. Baldwin Avenue and recorded against both properties in the Office of the Los Angeles Building Final. Prior to their recordation, the Applicant/Property Owner shall submit the shared parking agreement to the City for review and approval by the City and For this purpose, the Applicant/Property Owner shall submit to the City with the proposed shared parking agreement a deposit of $3,000 for purposes of such review, of which any funds remaining after review of the agreement by the City shall be returned to the Applicant/Property Owner. 4. fire lane shall be kept clear at all times. 11 Resolution No. 2103 Amendment to CUP No. 84-24 September 27, 2022 Page 9 of 11 5. The subject site must provide at least three (3) accessible parking stalls and passenger loading/unloading area that complies with all applicable code sections under Chapter 11B of the California Building Code. The final parking plan must be This must be completed prior issuance of a final permit from Building Services. 6. All tenant improvement to the building shall require a Building Permit and must comply with any applicable Code sections from the following 2022 Building and Fire Code: 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 7. The following plans shall be submitted to the Fire Department for the review and approval prior to an inspection: a. An updated egress plan for the building. The egress plan must comply with the California Building Code Section Chapter 10 regulations. b. A floor plan that shows the location of the new beds and furniture. The floor plan must comply with California Building Code sections 1225.5.1.2.1 and 1225.5.1.2.2 regulations. c. A new storage plan that shows all the existing and new storage plans. The storage plan must comply with the California Building Code Section 1225.4.5 regulations. 8. The Applicant/Property owner shall build a new trash enclosure for the trash bins and if applicable, the enclosure and roof shall comply with National Pollutant Discharge Elimination System (NPDES). 9. Deliveries to the facility shall remain from 7:00 AM to 10:00 PM. 10. All City requirements in relation to ADA 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. The changes to the existing facility may be subject to building permits after having fully detailed plans submitted for plan check review and approval by the aforementioned City officials. 12 Resolution No. 2103 Amendment to CUP No. 84-24 September 27, 2022 Page 10 of 11 11. Noncompliance with the plans, provisions and conditions of approval for the Amendment to CUP 84-24 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the convalescent facility. 12. To the maximum extent permitted by law, Property Owner/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 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 Property Owner/ivities in connection with Amendment to Conditional Use Permit No. CUP 84-24 with a parking modification Project site, and which may arise from the direct or indirect operations of the Applicant or those of the Property Owner/actors, agents, tenants, employees or any other persons acting on Property Owner/ relate to the development and/or construction of the Project. This indemnity provision applies to all damages and claims, actions, or proceedings for damages, as described above, regardless of whether the City prepared, supplied, or approved the plans, specifications, or other documents for the Project. In the event of any legal action challenging the validity, applicability, or interpretation of any provision of this approval, or any other supporting document relating to the Project, the City will promptly notify the Property Owner/Applicant of the claim, action, or proceedings and will fully cooperate in the defense of the matter. Once notified, the Property Owner/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 Property Owner/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, Property Owner/Applicant shall repleni 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 Property Owner/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 Property Owner/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 Property Owner/Applicant. 13 Resolution No. 2103 Amendment to CUP No. 84-24 September 27, 2022 Page 11 of 11 13. Approval of Amendment to CUP 84-24 with a parking modification shall not be in effect unless the Property Owner and Applicant have executed and filed the Acceptance Form with the City on or before 30 calendar days after the Planning Commission has adopted the Resolution. The Acceptance Form to the Development Services Department is to indicate awareness and acceptance of the conditions of approval. PLANNING COMMISSION ACTION Approval If the Planning Commission intends to approve this proposal, the Commission should approve a motion to approve Amendment to Conditional Use Permit Application No. CUP 84-24 with a parking modification, stating that the proposal satisfies the requisite findings and adopting the attached Resolution No. 2103 that incorporates the requisite environmental and Conditional Use Permit findings and the conditions of approval as presented in this staff report, or as modified by the Commission. Denial If the Planning Commission intends to deny this proposal, the Commission should approve a motion to deny Amendment to Conditional Use Permit Application No. CUP 84-24 with a parking modification, stating that the finding(s) of the proposal does not satisfy with reasons based on the record, and direct staff to prepare a resolution for adoption at the next meeting that incorporates the Commissi findings. If any Planning Commissioner or other interested party has any questions or comments regarding this matter prior to the September 27, 2022, hearing, please contact Associate Planner, Vanessa Quiroz, at 626-574-5422, or by email at vquiroz@ArcadiaCA.gov. Approved: Lisa L. Flores Planning & Community Development Administrator Attachment No. 1: Resolution No. 2103 Attachment No. 2: Aerial Photo and Zoning Information and Photos of the Subject Property and Surrounding Properties Attachment No. 3: Architectural Plans Attachment No. 4: Valet Operation Statement and Parking Plan Attachment No. 5: Preliminary Exemption Assessment 14 15 16 17 18 19 20 21 22 23 24 25 26 27 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 1962 44,643 0 Property Owner Site Address:1601 S BALDWIN AVE Parcel Number: 5383-029-028 N/A Zoning: General Plan: N/A Downtown Overlay: Downtown Parking Overlay: Architectural Design Overlay:N/A N/A N/A N/A Residential Flex Overlay: N/A N/A N/A N/A Special Height Overlay: N/A Parking Overlay: Racetrack Event Overlay: This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. Report generated 06-Jul-2022 Page 1 of 1 28 Interior courtyard Subject Site: Arcadia Care Center 29 Interior courtyard Rear parking lot 30 Basement parking lot Single-family homes to the south of the subject site along Callita St 31 Single-family homes to the south of the subject site along Callita St Single-family home to the south of the subject site along Callita St 32 Single-family home to the south of the subject site along Callita St Single-family home to the south of the subject site along Callita St 33 Single-family home to the south of the subject site along Callita St Single-family home to the south of the subject site along Callita St 34 Single-family homes to the rear of the subject site along Cambury Ave Single-family home across the street of the subject site along S. Baldwin Ave 35 Single-family home across the street of the subject site along S. Baldwin Ave Multifamily development across the street of the subject site along S. Baldwin Ave 36 Multifamily development across the street of the subject site along S. Baldwin Ave Multifamily development across the street of the subject site along S. Baldwin Ave 37 Adjacent convalescent home/retirement facility to the north at 720 W. Camino Real Ave – Building frontage along W. Camino Real Ave Adjacent convalescent home/retirement facility to the north at 720 W. Camino Real Ave – Building section fronting S. Baldwin Ave 38 Medical office at 1505 S. Baldwin Ave Commercial site at the corner of S. Baldwin Ave and W. Camino Real Ave 39 Commercial site at the corner of S. Baldwin Ave and W. Camino Real Ave Commercial site at the corner of S. Baldwin Ave and W. Camino Real Ave 40 41 42 43 44 45 46 47 48 49 50 Preliminary Exemption Assessment 1.Name or description of project:Amendment to CUP 84-24 with a parking modification to allow the increase in the number of patients and beds from 117 to 164 and a parking reduction from 68 to 55 for the existing convalescent facility (Arcadia Care Center) 2.Project Location Identify street address and cross streets or attach a map showing project site topographical map identified by quadrangle name): 1601 S. Baldwin Avenue between Camino Real Avenue and Callita Street 3.Entity or person undertaking project: A.Keith Levine, Arcadia Care Center 1601 S. Baldwin Avenue, Arcadia CA 91007 B.Other (Private) 4.Staff Determination: accordance with the Lead Agency's "Local Guidelines for Implementing the California Environmental Quality Act (CEQA)" has concluded that this project does not require further environmental assessment because: a.The proposed action does not constitute a project under CEQA. b.The project is a Ministerial Project. c.The project is an Emergency Project. d.The project constitutes a feasibility or planning study. e.The project is categorically exempt. Applicable Exemption Class: 15301 Class 1 (Use of an existing facility) f.The project is statutorily exempt. Applicable Exemption: g.The project is otherwise exempt on the following basis: h.The project involves another public agency which constitutes the Lead Agency. Name of Lead Agency: Date: February 22, 2022 Staff: Vanessa Quiroz, Associate Planner 51 ARCADIA PLANNING COMMISSION REGULAR MEETING MINUTES TUESDAY, JULY 26, 2022 Any writings or documents provided to a majority of the Planning Commission regarding any item on this agenda will be made available for public inspection in the City’s Planning Services Office located at 240 W. Huntington Drive, Arcadia, California, during normal business hours. CALL TO ORDER Chair Lin called the meeting to order at 7:00 p.m. ROLL CALL PRESENT: Chair Thompson, Vice Chair Tsai, Commissioner Hui, Commissioner Tallerico, and Commissioner Wilander ABSENT: None SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS Ms. Flores notified the Commission that a revised Resolution for item No. 1 has been distributed. PUBLIC COMMENTS (5 minute time limit per person) There were none. PUBLIC HEARING 1. Resolution No. 2101 – Recommending that the City Council approve Text Amendment No. TA 22-02 (Ordinance No. 2390) amending various sections of Arcadia’s Development Code related to new Objective Design Standards for Multi-Family and Mixed-Use Development, updates to the Density Bonus Ordinance, and Minor Changes to the Accessory Dwelling Unit Ordinance with a Categorical Exemption from the California Environmental Quality Act Recommendation: Adopt Resolution No. 2101 Applicant: City of Arcadia MOTION- PUBLIC HEARING Chair Thompson introduced the item and Planning Manager Fiona Graham presented the proposed text amendment with Scott Martin from RRM Design Group who assisted City staff with this effort. Vice Chair Tsoi said he read through SB 330 and he wanted to confirm his understanding that housing occupied by low income tenants needs to be replaced under SB 330. Ms. Graham confirmed that he was correct. Commissioner Hui asked will the new Objective Design Standards become effective once they have been approved. Ms. Graham answered that once the standards are adopted by City Council, they will go into effect thirty days later and would apply to all new applications after the effective date. Commissioner Hui also asked for further explanation how the Objective Design Standards would allow driveways that do not face the street without requiring additional space for more maneuvering. Mr. Martin clarified that the non-street facing garages would apply only to multi- family projects, not single-family homes, and added that the intent is to provide a common access point for the units without having multiple driveways facing the street. 52 2 7/26/22 Chair Thompson asked if there were more Objective Design Standards than the four shown in the Staff Report. Mr. Martin clarified that the four items in the Staff Report were shown as examples of how an existing design guideline was changed into an objective design standard, and that there are many more standards than those four. Chair Thompson also asked why the City would allow a waiver of up to three Standards. Ms. Flores explained the waivers will allow for some flexibility when certain standards do not fit with a project’s overall design, and they are reviewed on a case-by-case basis. There were no public comments. It was moved by Commissioner Wilander, seconded by Vice Chair Tsoi, to close the public hearing. Without objection, the motion was approved. DISCUSSION Commissioner Wilander commented that the proposed objective standards will provide many more details that are important to maintaining the quality of housing that Arcadia is known for while complying with State law. Vice Chair Tsoi and Commissioner Tallerico agreed with Commissioner Wilander and were in support of making a recommendation to City Council in support of the proposed Text Amendments. Commissioner Hui asked how the additional housing units will affect the water supply since the State is currently in a drought. Commissioner Wilander added that if the City allowed desert landscaping, that it could help further reduce water use. Ms. Flores responded that elements of desert landscape can be used in conjunction with other drought tolerant landscaping. Mr. Kruckeberg added that while complete desert landscaping is not allowed, drought tolerant landscaping is encouraged on all projects. Chair Thompson added that the proposed Text Amendments are consistent with both the Housing Element and General Plan and agreed with the rest of the Commission that they would bring the Development Code into compliance with State law while also maintaining the design integrity the City is known for. MOTION It was moved by Chair Thompson, seconded by Commission Wilander that the Planning Commission recommends City Council to approve Text Amendment No. TA 22-02 (Ordinance No. 2390) amending various sections of Arcadia’s Development Code related to new Objective Design Standards for Multi-Family and Mixed-Use Development, updates to the Density Bonus Ordinance, and Minor Changes to the Accessory Dwelling Unit Ordinance with a Categorical Exemption from the California Environmental Quality Act ROLL CALL AYES: Chair Thompson, Vice Chair Tsoi, Hui, Tallerico, Wilander NOES: None CONSENT CALENDAR 53 3 7/26/22 2.Minutes of the June 28, 2022, Regular Meeting of the Planning Commission Recommendation: Approve It was moved by Commissioner Wilander, seconded by Vice Chair Tsoi to approve the minutes of the June 28, 2022, Planning Commission Regular Meeting. ROLL CALL AYES: Chair Thompson, Vice Chair Tsoi, Hui, Tallerico, Wilander NOES: None MATTERS FROM CITY COUNCIL LIAISON Council Member Sho Tay welcomed the two new Planning Commissioners. MATTERS FROM THE PLANNING COMMISSONERS Commissioner Wilander shared an upcoming local event with the Commission. MATTERS FROM ASSISTANT CITY ATTORNEY Mr. Mauer welcomed the new Commissioners and provided them with a brief overview of how the meetings are run and how to make a motion on an item. MATTERS FROM STAFF INCLUDING UPCOMING AGENDA ITEMS Ms. Flores informed the Commission that there is one item scheduled for the next meeting and informed them of the orientation meeting she had with each of the new Commissioners. ADJOURNMENT The Planning Commission adjourned the meeting at 7:44 p.m., to Tuesday, August 9, 2022, at 7:00 p.m. in the City Council Chamber. Brad Thompson Chair, Planning Commission ATTEST: Lisa Flores Secretary, Planning Commission 54