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HomeMy WebLinkAbout02-14-23 Agenda PacketCITY OF ARCADIA Arcadia Planning Commission Regular Meeting Agenda Tuesday, February 14, 2023, 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 -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 Cit (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. 2115 Approving Conditional Use Permit No. CUP 22-18 for a tutoring center specializing in computer coding at 1010 S. Baldwin Avenue, Unit #202 CEQA: Exempt Recommendation: Adopt Applicant: Jiyong Zhao 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, February 27, 2023. 2. Resolution No. 2117 Approving a four-unit, Spanish-style multi-family residential condominium development, the removal of a diseased tree, and an Oak Tree Encroachment Permit at 200 S. Second Avenue CEQA: Exempt Recommendation: Adopt Applicant: Youkun Nie 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, February 27, 2023. 3. Resolution No. 2114 Recommending that the City Council approve Text Amendment No. TA 22-03 amending various sections of Article IX, Chapter 1 (Development Code) of the Arcadia Municipal Code pertaining to Accessory Dwelling Units (ADU) and Final Parcel Maps with dedications, and amending Article IV of the Arcadia Municipal Code, Chapter 6 (Noise Regulation) the allowable hours for gardening, and landscaping, and Chapter 4 (Property Maintenance and Nuisance Abatement Code) to establish requirements and regulations for non-operating properties in non-residential zones CEQA: Exempt Recommendation: Adopt Applicant: City of Arcadia - Development Services Department 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. 4. Minutes of the January 10, 2023, Regular Meeting of the Planning Commission Recommendation: Approve MATTERS FROM CITY COUNCIL LIASION MATTERS FROM PLANNING COMMISSIONERS MATTERS FROM CITY ATTORNEY MATTERS FROM STAFF INCLUDING UPCOMING AGENDA ITEMS ADJOURNMENT The Planning Commission will adjourn this meeting to Tuesday, February 28, 2023, 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 Publ 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 (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 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: February 14, 2023 TO:Honorable Chairman and Planning Commission FROM:Lisa L. Flores, Deputy Development Services Director By: Fiona Graham, Planning Services Manager SUBJECT:RESOLUTION NO. 2115 – APPROVING CONDITIONAL USE PERMIT NO. CUP 22-18 FOR A TUTORING CENTER SPECIALIZING IN COMPUTER CODING AT 1010 S. BALDWIN AVENUE, UNIT #202 CEQA: Exempt Recommendation: Adopt Resolution No. 2115 SUMMARY The Applicant, Jiyong Zhao, is requesting approval of Conditional Use Permit No. CUP 22-18 to allow an online and in-person one-on-one tutoring center specializing in computer coding within one of the multi-tenant commercial building located at 1010 S. Baldwin Avenue, Unit #202. The proposed computer coding tutoring center (dba: Coding Minds Academy) will serve children between kindergarten and 12 th grade. It would have up to four students and four instructors on-site at any time. The business will also offer online tutoring for students, taught by remote instructors. It is recommended that the Planning Commission adopt Resolution No. 2115 (Attachment No. 1) and find this project Categorically Exempt under CEQA and approve Conditional Use Permit No. CUP 22-18, subject to the conditions contained in this staff report. BACKGROUND The subject site is a 21,387 square foot, interior lot located along South Baldwin Avenue between Fairview Avenue and Arcadia Avenue. The site is surrounded by commercial properties to the north, south, and west and a multi-family zoned property to the east. The site is developed with a 6,00 square foot, two-story commercial building that was built in 1959. The existing commercial building consists of six units: an acupuncture clinic, 4 CUP 22-18 February 14, 2023 Page 2 of 10 tattoo shop, bakery and two music academies. The proposed tutoring center would be located on the second floor within an 900 square foot unit, and all the units on the second floor have access from the front and rear of the building. The subject unit was formerly an office use and has been vacant for three years since the beginning of the pandemic. The parking lot is located at the rear of the building and has 41 parking spaces, including two accessible spaces. The parking area is accessed through the adjacent parking lots on the properties to the north and south of the subject property via a reciprocal parking and access agreement. Figure No. 1 – Aerial view of the site PROPOSAL The Applicant is requesting approval of a one-on-one tutoring center for children in grades K-12 specializing in computer coding. Depending on the age of the student, courses will focus on development of Minecraft, Scratch and Roblox skills to coding languages such as JavaScript and Python, and App development, and training in robotics and 3D printing. The business will also offer online tutoring, however no staff or students will be present onsite during virtual learning. The layout of the unit consists of a lobby, office, four classrooms and breakroom. Each classroom will accommodate only one student and their tutor at a time. A restroom is provided on the first floor of the building – see Figure No. 2, for the Floor Plan and Attachment No. 3 for the Site Plan and Floor Plan. All onsite tutoring is completed one- on-one meaning any student needing to use the restroom will be escorted by their tutor. The ground floor restroom is for the exclusive use of unit 202; all other units have individual rest rooms. The unit lobby will be used for check-in and pick-up of students. Courses will be offered onsite from 3:00 p.m. to 8:00 p.m., Monday through Friday and from 10:00 a.m. to 6:00 p.m. on Saturdays and Sundays. Students coming to the site will primarily be dropped off and picked up by parents. The computer coding school will offer one-hour class sessions, staggered in one-hour intervals and a total of four in-person classes can be held at once. 5 CUP 22-18 February 14, 2023 Page 3 of 10 Figure No. 2 – Floor Plan ANALYSIS The City’s Development Code allows tutoring and educational centers in the General Commercial (C-G) Zone, subject to the review and approval of a Conditional Use Permit to ensure that the proposed business is an appropriate use for the property and compatible with other uses in the surrounding area. The proposed coding school is a franchise location for an existing coding school, located in Irvine, California. The owner of the Arcadia location has not owned a tutoring center previously. No exterior or interior changes are proposed with this project, with the exception of installing windows or openings in the classrooms in accordance with Condition of Approval No. 3. The nature of the business, the scale of operations, and the proposed business hours are consistent with, and similar to, other commercial uses in the vicinity. The application was reviewed by the building, fire, and police department and no concerns were raised. Therefore, the nature of the business will be compatible with the other existing businesses in the vicinity. 6 CUP 22-18 February 14, 2023 Page 4 of 10 Parking Tutoring centers with students under high school age have a parking requirement of one space per employee and one space for every five students. A total of six (6) parking spaces are therefore required for this use. There are 41 parking spaces on site that serve the six units within this commercial building. The parking area is accessed through adjacent parking lots to the north and south of the subject property via a reciprocal parking and access agreement. The subject property contains 41 parking spaces for the 6,900 square feet commercial building. A total of 39 parking spaces are required for existing uses and the proposed computer coding school based on the on the table below. Therefore, parking would be sufficient to accommodate all of the uses on the site. Unit Floor Use Unit Size Req. Parking Total Spaces Req. 1010 1st Floor Bakery 2,300 s.f. 1/200 s.f. 12 1 1012 #A 1 st Floor Acupuncture Clinic 1,200 s.f. 1/200 s.f.6 1010 #203 2nd Floor Tattoo 500 s.f. 1/200 s.f. 3 2 1010 #201 2nd Floor Music Tutoring (88 Keys one-on-one) 700 s.f. 1/employee 1/3 students 4 1012 #B 2 nd Floor Music Academy (88 Keys) 1,200 s.f. 1/employee 1/3 students 8 3 1012 #202 2nd Floor Proposed Computer Coding School 900 s.f. 1/employee 1/3 students 6 1st Floor Restroom/Utility 100 s.f.- - TOTAL 6,900 s.f. 39 Spaces 1 Per CUP 12-09 2 Per CUP 22-08 3 As described in CUP 15-05 FINDINGS Section 9107.09.050(B) of the Development Code requires that the Planning Commission may approve a Conditional Use Permit if all of the following findings can be made: 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. 7 CUP 22-18 February 14, 2023 Page 5 of 10 Facts to Support This Finding:The proposed tutoring center specializing in computer coding would be consistent with the Arcadia General Plan which allows for a wide range of commercial uses that serve citywide markets. The site is zoned C-G (General Commercial) which, pursuant to Development Code Section 9102.03.020, Table 2-8, allows the proposed tutoring use, subject to the review and approval of a Conditional Use Permit. The tutoring center would comply with all other applicable provisions of the Development Code and the Municipal Code. The use would be consistent with the intended commercial use of the property Therefore, approval of a tutoring center specializing in coding would not adversely affect the comprehensive General Plan, and is consistent with the following General Plan policy: Land Use and Community Design Element Policy LU-6.7: Encourage a balanced distribution of commercial development throughout the City, ensuring that neighborhoods and districts have adequate access to local-serving commercial uses. 2. The proposed use 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 site is zoned C-G, General Commercial. Arcadia Development Code Section 9102.03.020, Table 2-8, allows tutoring centers in the C- G zone subject to the review and approval of a Conditional Use Permit. The site was previously used as an office but has been vacant for several years. No exterior or interior changes are needed, except the classrooms shall be constructed with windows or other openings that allows for the observation outside of the classrooms. The site has an adequate number of parking spaces to accommodate the proposed use and the site’s existing uses. The proposed use will be consistent with the intended commercial use of the property. Therefore, the proposed use complies with all other applicable provisions of the Arcadia Development Code and the Arcadia Municipal Code. 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 proposed tutoring center would occupy a 900 square foot unit within an existing multi-tenant commercial building. The proposed tutoring center does not require any additional parking since the site is sufficiently parked for all existing and proposed uses. The proposed use would be compatible with the existing uses in the vicinity as it would have similar operational characteristics to other office and educational centers along Baldwin Avenue. The tutoring center specializing in computer coding would operate by an appointment only. The business will close by 8:00 p.m. on weeknights and 6:00 p.m. on Saturdays and Sundays. The use would be consistent with the intended commercial use of the property and would 8 CUP 22-18 February 14, 2023 Page 6 of 10 utilize a vacant unit. Therefore, the proposed use complies with all applicable provisions of the Arcadia Development Code and the Arcadia Municipal Code. 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 proposed tutoring center would occupy an existing unit on an improved site that is physically suitable to accommodate the proposed use consisting of four classrooms. No major tenant improvements are required to accommodate the use. Tutoring centers are typically located within multi-tenant commercial centers with small tenant spaces that consists of a variety of service-based businesses that are compatible to one another. The operating hours are limited to weekday afternoons and weekends and would be similar to the operating hours of the other existing and nearby businesses. The site has a surface parking and reciprocal parking with adjacent properties that provide sufficient parking for the proposed business and existing businesses. No exterior improvements are required for the computer coding school. Therefore, the unit and site are suitable to accommodate the proposed 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 South Baldwin Avenue between Fairview Avenue and Arcadia Avenue. The site has reciprocal access through the adjacent sites off Fairview Avenue to the north and Arcadia Avenue to the south. These streets are adequate in width and pavement type to carry emergency vehicles and traffic generated by the proposed use and existing uses on the site. The proposed use would not impact these rights-of-way. c. Public protection services (e.g., fire protection, police protection, etc.). Facts to Support This Finding: The proposed tutoring center will be located within an existing commercial unit. Conditions of approval have been included to ensure the computer coding school will be operated in a safe manner, and not impact public protection services. The request has been reviewed by the Fire Department and Police Department and no concerns were raised. 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.). 9 CUP 22-18 February 14, 2023 Page 7 of 10 Facts to Support This Finding: The subject unit is located within an existing commercial building, which is adequately serviced by existing utilities. The request does not require new construction and will not be operated in a manner that will impact the provision of utilities. Therefore, no impacts to the provision of utilities are anticipated. 5. The measure of site suitability shall be required to ensure that the type, density, and intensity of use being proposed will not adversely affect the public convenience, health, interest, safety, or general welfare, constitute a nuisance, or be materially injurious to the improvements, persons, property, or uses in the vicinity and zone in which the property is located. Facts to Support This Finding:The proposed tutoring center specializing in computer coding would not be detrimental to the public health or welfare, or to the surrounding properties since it is similar to an office use. The size and nature of the operation of the use would not negatively affect the existing uses in the vicinity. Therefore, the site is suitable for the proposed use. ENVIRONMENTAL IMPACT It has been determined that the proposed use qualifies as a Class 1 Categorical Exemption per the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301(a) of the CEQA Guidelines for the use of an existing facility (refer to Attachment No. 4). PUBLIC COMMENTS/NOTICE Public hearing notices for this item were mailed to the owners of those properties that are located within 300 feet of the subject property and published in the Arcadia Weekly on February 2, 2023. As of February 10, 2023, staff did not receive any public comments on this project. RECOMMENDATION It is recommended that the Planning Commission adopt Resolution No. 2115 approving Conditional Use Permit No. CUP 22-18 for a tutoring center specializing in coding and find that the project is Categorically Exempt under the California Environmental Quality Act (CEQA), subject to the following conditions of approval: 1. The use approved by CUP 22-18 shall be limited to a tutoring center specializing in computer coding with online classes and four on-site classrooms for up to four students at any one time, and it shall be operated and maintained in a manner that is consistent with the approved plans and may be subject to periodic inspections to ensure that the business is operated per the approval. Any changes to the number of students being tutored on the site at one time shall be subject to review and approval by the Deputy Development Services Director. 10 CUP 22-18 February 14, 2023 Page 8 of 10 2. The operating hours shall be limited to 3:00 p.m. to 8:00 p.m., Monday through Friday and 10:00 a.m. to 6:00 p.m. on Saturday and Sundays. Any changes to the hours of operation shall be subject to review and approval by the Deputy Development Services Director, or designee, unless significant modifications are proposed; in which case, the application may be referred to the Planning Commission. 3. Prior to the issuance of a Business License, the Property Owner/Applicant shall ensure that all classrooms have a clear window or other openings that allows for observation outside of the room. 4. Prior to the issuance of a Certificate of Occupancy from the Building Division, one (1) Automated External Defibrillator (AED) shall be installed. The location of the AED shall be identified on the plans submitted for plan check in Building Services and is subject to review and approval by the Deputy Development Services Director, or designee. 5. The main exit door shall be equipped with panic or lever type hardware. Latched or key operated locks are not permitted. A minimum rated 2A:10BC fire extinguisher shall be provided at an approved location, as determined by the City’s Fire Marshal. 6. 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, Deputy Development Services Director, Fire Marshall, 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. 7. Noncompliance with the plans, provisions and conditions of approval for CUP 22-18 shall be grounds for immediate suspension or revocation of any approvals, which could result in termination of this CUP. 8. To the maximum extent permitted by law, 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 Conditional Use Permit No. CUP 22-18 (“Project”) 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, 11 CUP 22-18 February 14, 2023 Page 9 of 10 regardless of whether the City prepared, supplied, or approved the plans, specifications, or other documents for the Project. In the event of any legal action challenging the validity, applicability, or interpretation of any provision of this approval, or any other supporting document relating to the Project, the City will promptly notify the Applicant of the claim, action, or proceedings and will fully cooperate in the defense of the matter. Once notified, the Applicant must indemnify, defend and hold harmless the Indemnitees, and each of them, with respect to all liability, costs and expenses incurred by, and/or awarded against, the City or any of the Indemnitees in relation to such action. Within 15 days’ notice from the City of any such action, the Applicant shall provide to the 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. The 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. The City shall only refund to the 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, at the request of the Applicant or not. 9. Approval of CUP 22-18 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 Conditional Use Permit No. CUP 22-18, stating that the proposal satisfies the requisite findings, and adopting the attached Resolution No. 2115 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. 12 CUP 22-18 February 14, 2023 Page 10 of 10 Denial If the Planning Commission intends to deny this proposal, the Commission should approve a motion to deny Conditional Use Permit No. CUP 22-18, 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 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 February 14, 2023, hearing, please contact Planning Services Manager, Fiona Graham, at (626) 574-5442. Approved: Lisa L. Flores, Deputy Development Services Director Attachment No. 1: Resolution No. 2115 Attachment No. 2: Aerial Photo and Zoning Information and Photos of the Subject Property Attachment No. 3: Site Plan and Floor Plan Attachment No. 4: Preliminary Exemption Assessment 13 Attachment No. 1 Attachment No. 1 Resolution No. 2115 14 24347.00004\41019206.1 1 RESOLUTION NO. 2115 RESOLUTION NO. 2115 – APPROVAL OF CONDITIONAL USE PERMIT NO. CUP 22-18 TO ALLOW A TUTORING CENTER SPECIALIZING IN COMPUTER CODING WITH UP TO FOUR ONSITE STUDENTS AT 1010 SOUTH BALDWIN AVENUE, UNIT #202 WHEREAS, on December 7, 2022, an application for Conditional Use Permit No. CUP 22-18 was filed by Jiyong Zhao, business owner of Coding Minds Academy (“Applicant”), for a tutoring center specializing in computer coding located at 1010 South Baldwin Avenue, Unit #202; and WHEREAS, on January 19, 2023, Planning Services staff completed an environmental assessment for the proposed tutoring center specializing in coding in accordance with the California Environmental Quality Act (“CEQA”) and recommends that the Planning Commission determine that the proposed computer coding school qualifies as a Class 1 Categorical Exemption under CEQA pursuant to Section 15301(a) of the CEQA Guidelines as the use of an existing facility; and WHEREAS, on February 14, 2023, 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 February 14, 2023, are true and correct. 15 24347.00004\41019206.1 2 SECTION 2. This Commission finds that based upon the entire record, pursuant to Section 9107.09.050 of the Arcadia Development Code, all of the following findings can be made. 1. The proposed use is consistent with the General Plan and any applicable specific plan. FACT: The proposed tutoring center specializing in computer coding would be consistent with the Arcadia General Plan which allows for a wide range of commercial uses that serve citywide markets. The site is zoned C-G (General Commercial) which, pursuant to Development Code Section 9102.03.020, Table 2-8, allows the proposed tutoring use, subject to the review and approval of a Conditional Use Permit. The tutoring center would comply with all other applicable provisions of the Development Code and the Municipal Code. The use would be consistent with the intended commercial use of the property. Therefore, approval of a tutoring center specializing in coding is consistent with the following General Plan policy: Land Use and Community Design Element Policy LU-6.7: Encourage a balanced distribution of commercial development throughout the City, ensuring that neighborhoods and districts have adequate access to local-serving commercial uses. 2. The proposed uses are allowed within the applicable zone, subject to the granting of a Conditional Use Permit, and complies with all other applicable provisions of the Development Code and the Municipal Code. FACT: The site is zoned C-G, General Commercial. Arcadia Development Code Section 9102.03.020, Table 2-8, allows tutoring centers in the C-G zone subject to the 16 24347.00004\41019206.1 3 review and approval of a Conditional Use Permit. The site was previously used as an office but has been vacant for several years. No exterior or interior changes are needed, except the classrooms shall be constructed with windows or other openings that allows for the observation outside of the classrooms. The site has an adequate number of parking spaces to accommodate the proposed use and the site’s existing uses. The proposed use will be consistent with the intended commercial use of the property. Therefore, the proposed use complies with all other applicable provisions of the Arcadia Development Code and the Arcadia Municipal Code. 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 proposed tutoring center would occupy a 900 square foot unit within an existing multi-tenant commercial building. The proposed tutoring center does not require any additional parking since the site is sufficiently parked for all existing and proposed uses. The proposed use would be compatible with the existing uses in the vicinity as it would have similar operational characteristics to other office and educational centers along Baldwin Avenue. The tutoring center specializing in computer coding would operate by an appointment only. The business will close by 8:00 p.m. on weeknights and 6:00 p.m. on Saturdays and Sundays. The use would be consistent with the intended commercial use of the property and would utilize a vacant unit. Therefore, the design, location, size and operating characteristics of the proposed activity are compatible with the existing and future land uses in the vicinity 4. The site is physically suitable in terms of: 17 24347.00004\41019206.1 4 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 proposed tutoring center would occupy an existing unit on an improved site that is physically suitable to accommodate the proposed use consisting of four classrooms. No major tenant improvements are required to accommodate the use. Tutoring centers are typically located within multi-tenant commercial centers with small tenant spaces that consists of a variety of service-based businesses that are compatible to one another. The operating hours are limited to weekday afternoons and weekends and would be similar to the operating hours of the other existing and nearby businesses. The site has a surface parking and reciprocal parking with adjacent properties that provide sufficient parking for the proposed business and existing businesses. No exterior improvements are required for the computer coding school. Therefore, the unit and site are suitable to accommodate the proposed use. B. Streets and highways adequate in width and pavement type to accommodate public and emergency vehicle (e.g., fire and medical) access. FACT: The site is located along South Baldwin Avenue between Fairview Avenue and Arcadia Avenue. The site has reciprocal access through the adjacent sites off Fairview Avenue to the north and Arcadia Avenue to the south. These streets are adequate in width and pavement type to carry emergency vehicles and traffic generated by the proposed use and existing uses on the site. The proposed use would not impact these rights-of-way. C. Public protection services (e.g., fire protection, police protection, etc.). 18 24347.00004\41019206.1 5 FACT: The proposed tutoring center will be located within an existing commercial unit. Conditions of approval have been included to ensure the computer coding school will be operated in a safe manner, and not impact public protection services. The request has been reviewed by the Fire Department and Police Department and no concerns were raised. 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.). FACT: The subject unit is located within an existing commercial building, which is adequately serviced by existing utilities. The request does not require new construction and will not be operated in a manner that will impact the provision of utilities. Therefore, no impacts to the provision of utilities are anticipated. 5. The measure of site suitability shall be required to ensure that the type, density, and intensity of use being proposed will not adversely affect the public convenience, health, interest, safety, or general welfare, constitute a nuisance, or be materially injurious to the improvements, persons, property, or uses in the vicinity and zone in which the property is located. FACT: The proposed tutoring center specializing in computer coding would not be detrimental to the public health or welfare, or to the surrounding properties since it is similar to an office use. The size and nature of the operation of the use would not negatively affect the existing uses in the vicinity. The proposed coding school will operate from 3:00 p.m. to 8:00 p.m., Monday through Friday and 10:00 a.m. to 6:00 p.m. on Saturday and Sundays and hold a maximum of four, on-on-one classes at any one time. Therefore, the site is suitable for the proposed use. 19 24347.00004\41019206.1 6 6. This Project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines pertaining to the use of an existing facility. SECTION 3. For the foregoing reasons the Planning Commission determines that the proposed computer coding school is Categorically Exempt per Class 1, Section 15301 (a) of the California Environmental Quality Act (CEQA) Guidelines and approves Conditional Use Permit No. CUP 22-18 for a tutoring center specializing in coding within an existing commercial unit at 1010 S. Baldwin Avenue, Unit #202, subject to the conditions of approval attached hereto. SECTION 4. The Secretary shall certify to the adoption of this Resolution. 20 24347.00004\41019206.1 7 Passed, approved and adopted this 14th day of February, 2023. ______________________ Brad Thompson Chair, Planning Commission ATTEST: ______________________ Lisa L. Flores Secretary APPROVED AS TO FORM: ______________________ Michael J. Maurer City Attorney 21 24347.00004\41019206.1 8 Page Internationally Left Blank 22 24347.00004\41019206.1 9 RESOLUTION NO. 2115 Conditions of Approval 1. The use approved by CUP 22-18 shall be limited to a tutoring center specializing in computer coding with online classes and four on-site classrooms for up to four students at any one time, and it shall be operated and maintained in a manner that is consistent with the approved plans and may be subject to periodic inspections to ensure that the business is operated per the approval. Any changes to the number of students being tutored on the site at one time shall be subject to review and approval by the Deputy Development Services Director. 2. The operating hours shall be limited to 3:00 p.m. to 8:00 p.m., Monday through Friday and 10:00 a.m. to 6:00 p.m. on Saturday and Sundays. Any changes to the hours of operation shall be subject to review and approval by the Deputy Development Services Director, or designee, unless significant modifications are proposed; in which case, the application may be referred to the Planning Commission. 3. Prior to the issuance of a Business License, the Property Owner/Applicant shall ensure that all classrooms have a clear window or other openings that allows for observation outside of the room. 4. Prior to the issuance of a Certificate of Occupancy from the Building Division, one (1) Automated External Defibrillator (AED) shall be installed. The location of the AED shall be identified on the plans submitted for plan check in Building Services and is subject to review and approval by the Deputy Development Services Director, or designee. 5. The main exit door shall be equipped with panic or lever type hardware. Latched or key operated locks are not permitted. A minimum rated 2A:10BC fire extinguisher shall be provided at an approved location, as determined by the City’s Fire Marshal 6. 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, Deputy Development Services Director, Fire Marshall, 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. 7. Noncompliance with the plans, provisions and conditions of approval for CUP 22-18 shall be grounds for immediate suspension or revocation of any approvals, which could result in termination of this CUP. 8. To the maximum extent permitted by law, 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, 23 24347.00004\41019206.1 10 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 Conditional Use Permit No. CUP 22-18 (“Project”) on the Project site, and which may arise from the direct or indirect operations of the Applicant or those of the Applicant’s contractors, agents, tenants, employees or any other persons acting on Applicant’s behalf, which relate to the development and/or construction of the Project. This indemnity provision applies to all damages and claims, actions, or proceedings for damages, as described above, regardless of whether the City prepared, supplied, or approved the plans, specifications, or other documents for the Project. In the event of any legal action challenging the validity, applicability, or interpretation of any provision of this approval, or any other supporting document relating to the Project, the City will notify the Applicant of the claim, action, or proceedings and will cooperate in the defense of the matter. 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, the Applicant shall provide to the 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. The 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. The City shall only refund to the 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. The parties hereby agree to cooperate in defending such action. The City will not voluntarily assist in any 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, at the request of the Applicant or not. 9. Approval of CUP 22-18 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. 24 Attachment No. 2 Attachment No. 2 Aerial Photo and Zoning Information and Photos of the Subject Property 25 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.): C-G Number of Units: C Property Characteristics 1959 6,909 0 Property Owner Site Address:1010 S BALDWIN AVE Parcel Number: 5778-006-009 N/A Zoning: General Plan: N/A Downtown Overlay: Downtown Parking Overlay: Architectural Design Overlay:N/A N/A N/A Yes Residential Flex Overlay: N/A N/A Yes 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 17-Nov-2022 Page 1 of 1 26 The lobby area Looking down the internal hallway to the rear of the building 27 Inside a classroom The parking lot located to the rear of the building 28 The rear of the building. The applicant is identifying the restroom which services Unit #202 Inside the rear-most classroom, which has a window to the building’s exterior 29 Attachment No. 3 Attachment No. 3 Site Plan and Floor Plan 30 Front Entrance Facing Baldwin Blvd Lobby Area Break Room With Sink Classroom ClassroomClassroom Classroom Office Area Approx 900 sq ft Rear Entrance From Parking Lot 31 #202 Restroom 1st floor 1010 S Baldwin Ave #202 Arcadia, CA 91007 32 Attachment No. 4 Attachment No. 4 Preliminary Exemption Assessment 33 Preliminary Exemption Assessment FORM “A” PRELIMINARY EXEMPTION ASSESSMENT 1.Name or description of project:CUP 22-18 Conditional Use Permit with a Categorical Exemption under the California Environmental Quality Act ("CEQA") Section 15301(a) to allow a new tutoring school specializing in coding within an existing commercial building. 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): 1010 S. Baldwin Avenue #202 – The business is located along S. Baldwin Avenue between Fairview Avenue and Arcadia Avenue. 3.Entity or person undertaking project: A. B.Other (Private) (1)Name Jiyong Zhao, Business Owner (2)Address 772 W. Huntington Drive #G Arcadia, CA 91007 4.Staff Determination: The Lead Agency’s Staff, having undertaken and completed a preliminary review of this project in accordance with the Lead Agency's "Local Guidelines for Implementing the California Environmental Quality Act (CEQA)" has concluded that this project does not require further environmental assessment because: a.The proposed action does not constitute a project under CEQA. b.The project is a Ministerial Project. c.The project is an Emergency Project. d.The project constitutes a feasibility or planning study. e.The project is categorically exempt. Applicable Exemption Class: 15301(a) – Class 1 (Use of an existing facility) f.The project is statutorily exempt. Applicable Exemption: g.The project is otherwise exempt on the following basis: h.The project involves another public agency which constitutes the Lead Agency. Name of Lead Agency: Date: January 19, 2023 Staff: Fiona Graham, Planning Services Manager 34 DATE:February 14, 2023 TO: Honorable Chairman and Planning Commission FROM: Lisa L. Flores, Deputy Development Services Director By: Fiona Graham, Planning Services Manager SUBJECT: RESOLUTION NO. 2117 - APPROVING A FOUR-UNIT, SPANISH-STYLE MULTI-FAMILY RESIDENTIAL CONDOMINIUM DEVELOPMENT, THE REMOVAL OF A DISEASED TREE, AND AN OAK TREE ENCROCHMENT PERMIT AT 200 S. SECOND AVENUE CEQA: Exempt Recommendation: Adopt SUMMARY The Applicant, Youkun Nie, on behalf of the property owner, 200 S. Second Avenue LLC, is requesting approval of Multiple Family Architectural Design Review No. MFADR 21-05, a Diseased Tree Permit No. TRD 23-05, Protected Tree Encroachment No. TRE 21-10, and Tentative Parcel Map No. TPM 22-02 (83905), for a new four (4) unit, three-story, multi-family residential condominium development at 200 S. Second Avenue. 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 2117 (refer to Attachment No. 1), approving MFADR 21-05, TRD 23- 05, TRE 21-10, and TPM 22-02 (83905) subject to the conditions listed in this staff report. BACKGROUND The subject property is a 7,796 square foot interior lot, located on the east side of Second Avenue, between Bonita Street and California Street. 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 single family residence and a detached two-car garage that were built in 1926 – refer to Attachment No. 35 MFADR 21-05, TRE 21-10, TRD 23-05, & TPM 22-02 (83905) 200 S. 2nd Avenue February 14, 2023 – Page 2 of 14 2 for an Aerial photo with Zoning Information and Photos of the Subject Property and Figure 1. The property contains one protected tree – a Chinaberry tree that is 24 inches in diameter, but diseased. A Coast Live Oak is located on the adjacent property to the south and the canopy overhangs the southwest corner of the subject property. The proposed development will encroach into the dripline of this Oak tree, as it will be discussed later in this staff report. A large Chinaberry Tree is located in the middle of the property behind the existing home, however the tree is not protected as it is not in the required setback area. Refer to Attachment No. 5 for the Tree Report. Figure 1: Trees on the property A Certificate of Demolition (COD) for the subject property was approved on January 26, 2023. 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 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. Figure 2: Existing Residence Protected Chinaberry Tree Unprotected Chinaberry Tree Protected Oak Tree 36 MFADR 21-05, TRE 21-10, TRD 23-05, & TPM 22-02 (83905) 200 S. 2nd Avenue February 14, 2023 – Page 3 of 14 PROPOSAL The Applicant is requesting to demolish the existing structures on the property, remove all trees, and construct a new four-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 multi-family developments in the neighborhood. The two foremost units (Units 1 and 2) will consist of two (2) and three (3) bedrooms, respectively, and the two (2) units at the rear (Unit 3 and 4) will also consist of two (2) and three (3) bedrooms, respectively. Each unit will have a den located on the ground floor and will vary in size between 1,311 to 1,416 square feet in floor area. Units 1 and 2 will have direct access from S. 2nd Avenue, whereas Units 3 and 4 will have a pedestrian walkway along the northern side of the property that leads out through the driveway to S. 2 nd Avenue. The proposed development will have an overall building height of 33”, which is the maximum height limit permitted for a multi-family building with a pitched roof. The development complies with all the minimum setback requirements. Additionally, each unit will provide the minimum required 100 square feet of open space through a combination of communal open space (379 square feet) and private balconies of 21 square feet each. Each unit will have a 20’ x 20’ two-car garage that is accessed through a communal, central vehicle courtyard. The courtyard provides compliant backup width of 25 feet. Two (2) guest parking spaces are provided adjacent to the southern property line and have dimensions of 11’-6” x 20’, exceeding the minimum requirements. Two bike racks will be located near the rear of the property. Figure 3:Site Plan 37 MFADR 21-05, TRE 21-10, TRD 23-05, & TPM 22-02 (83905) 200 S. 2nd Avenue February 14, 2023 – Page 4 of 14 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 four-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 below. The exterior walls of the building will be finished with a white stucco while the roof will consist of concrete “S” tile red-brown colored roofing material and brown moldings along the eaves. Additional architectural features will include, wooden bay windows, wooden doors, unique tile features around the front doors, window shutters, and window flower boxes. The third story has been setback from the second and first floors to provide articulation to the building and reduce visible massing. The proposed Spanish style development will be compatible with the other existing multi-family developments along Second Avenue, including the multi-family development opposite the subject property at 165 Bonita Avenue, which has some similar design features such as white stucco walls and a red-brown “S” tile roof, and 128 S. 2 nd Avenue to the immediate north which incorporates many Spanish architectural features. The project will also provide adequate landscaping throughout the property and each unit will have its own private open space area in the form of a balcony. Communal open space is also provided in two locations on the property. EAST – rear FRONT – S. 2 nd Ave 38 MFADR 21-05, TRE 21-10, TRD 23-05, & TPM 22-02 (83905) 200 S. 2nd Avenue February 14, 2023 – Page 5 of 14 SOUTHERN 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 newer, nearby multi-family properties have heights of between 27’-6” and 28’-6”, despite only having two- stories. Additionally, privacy is not expected to be an issue as the new 10’-0” wide driveway will provide a buffer between the development and the properties to the north. The existing, single-story apartments to the south are built close to its northern, side property line while the proposed three-story condominiums will be setback a minimum of 11’-6” on the ground floor and 10 feet at the second story, reducing opportunities for overlooking. A new six-foot block wall and fence will provide additional privacy along the southern property line. In addition, the new development is to the north of the existing single-story apartments, meaning the structure will not impact access to sunlight. Refer to Attachment No. 2 for a streetscape photo analysis. The trees on the subject site were originally evaluated in 2021 when the project was filed with the City. However, since the report was nearly two years old, an Addendum to report was required to determine if the health of the protected trees have changed overtime – refer to Attachment No. 5. In the latest report, the Certified Arborist has determined that the protected Chinaberry tree, in the front yard area is now in poor condition because of trunk decay and the branches are barely attached to the tree from being heavily pruned. This assessment was consistent with the original analysis in that the health of the tree was already declining. Therefore, the request is to remove this tree since it is diseased and replace it with two new 24-inch box Crepe Myrtle trees in the front yard area. As for the Coast Live Oak tree in the neighbor’s backyard to the south, the proposed project will encroach within the dripline of that oak tree. However, that tree is also in poor condition and to ensure this proposed project does not harm that oak tree, the Certified Arborist has recommended several measures to ensure the proposed development does not cause further harm. Such measures include a wood fence shall be installed rather than a wall within the root zone area, and no over-excavation or soil compaction shall occur within the Figure 4 -Elevations 39 MFADR 21-05, TRE 21-10, TRD 23-05, & TPM 22-02 (83905) 200 S. 2nd Avenue February 14, 2023 – Page 6 of 14 dripline of the oak tree. The Applicant will be required to comply with these recommended measures, per condition of approval no. 3. 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 four (4) residential condominium units requires a subdivision through the Tentative Parcel Map process – see Attachment No. 3 for Tentative Parcel Map No. TPM 22-02 (83905). 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 four-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. 40 MFADR 21-05, TRE 21-10, TRD 23-05, & TPM 22-02 (83905) 200 S. 2nd Avenue February 14, 2023 – Page 7 of 14 Policy LU-4.2: Encourage residential development that enhances the visual character, quality, and uniqueness of the City’s neighborhoods and districts. 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 four-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 four-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 four (4) multi-family residential units is a subdivision of a developed, 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 four-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, 41 MFADR 21-05, TRE 21-10, TRD 23-05, & TPM 22-02 (83905) 200 S. 2nd Avenue February 14, 2023 – Page 8 of 14 property within the proposed subdivision. There are no known easements on the subject property. 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 four-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 S. 2nd Avenue (165 Bonita Avenue and 128 S. 2nd Avenue) and also echoes the architectural style of the existing single family residence on the property. The proposed development will also be similar in height to the other multi-family developments on this street. 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, Deputy Development Services Director, 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 42 MFADR 21-05, TRE 21-10, TRD 23-05, & TPM 22-02 (83905) 200 S. 2nd Avenue February 14, 2023 – Page 9 of 14 under Class 32 (In-Fill Development Projects) pursuant to Section 15332 of the State California Environmental Quality Act (CEQA) Guidelines. Refer to Attachment No. 6 for the Preliminary Exemption Assessment. 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 February 2, 2023. As of February 9, 2023, staff has not received any comments from the public. On October 13, 2022, the Applicant sent the 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 21-05, Diseased Tree Permit No. TRD 23-05, Protected Tree Encroachment No. TRE 21-10, and Tentative Parcel Map No. TPM 22-02 (83905), subject to the following conditions, find that the project is Categorically Exempt from the California Environmental Quality Act (CEQA), and adopt Resolution No. 2117, subject to the following conditions of approval: 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 21-05, TRD 23-05, TRE 21-10, and TPM 22-02 (83905), subject to the approval of the Deputy Development Services Director or designee. Any required mechanical equipment, such as backflow devices and electrical transformers, 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 Deputy Development Services Director, or designee. The Property Owner/Applicant shall comply with all recommendations listed in the Arborist Report, dated May 2021 and in the Addendum to the report, dated February 2023. The Property Owner/Applicant will install a wood fence within the Protected Zone of the Coast Live Oak Tree at the rear of the property in lieu of a block wall, as recommended in the Arborist report, dated May 2021 and in the Addendum to the report, dated February 2023. The Property Owner/Applicant shall prepare and submit to Planning Services prior to plan check submittal. 43 MFADR 21-05, TRE 21-10, TRD 23-05, & TPM 22-02 (83905) 200 S. 2nd Avenue February 14, 2023 – Page 10 of 14 6. 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 7. The project shall comply with Chapter 35A Multiple Family Construction Standards as amended in the Arcadia Municipal Code Section 8130.20. 8. The Project will require the removal of overhead electrical services and installation of underground electrical services. Electrical transformer is to be placed on private property, outside of any public right-of-way/dedication. Applicant/Property Owner is to work with Southern California Edison on design plans. 9. The grading plans shall indicate all on- and off-site improvements and shall indicate complete drainage paths of all drainage water run-off. 10. A demolition permit shall be obtained from Building Services prior to the removal and/or demolition of the structures on site. 11. No utilities or fixtures shall be located on the exterior walls of the building that face the main driveway. 12. Prior to approval of the Final Parcel Map, the Applicant/Property Owner shall: a) Remove and replace the existing curb, gutter, and sidewalk along the property frontage of Second Avenue. b) Coordinate with Public Works Services on the installation of a new street tree. c) Remove and construct driveway approach per City Standard plan. 13. 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. 14. There is a 12” cast iron water mains with 55 psi static pressure that the development shall connect to on the east side of Second Ave. 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. 44 MFADR 21-05, TRE 21-10, TRD 23-05, & TPM 22-02 (83905) 200 S. 2nd Avenue February 14, 2023 – Page 11 of 14 15. The Applicant/Property Owner shall install separate water meter for each condo unit. A common water meter for each unit can be used to supply both domestic water services and fire services. Applicant/Property Owner shall separate the fire service from domestic water service with an approved back flow device. 16. All condominiums shall require a separate water service and meter for common area landscape irrigation. 17. A Water Meter Permit Application shall be submitted to the Public Works Services Department prior to permit issuance. 18. 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 Owner, according to Public Works Services Department, Engineering Division specifications. 19. An 8” Vitrified Clay Pipe (VCP) sewer main is available on Second Avenue to provide sanitary sewer for the project. The Applicant/Property Owner shall utilize existing sewer lateral if possible. 20. If any drainage fixture elevation is lower than the elevation of the next upstream manhole cover (475.56’), an approved type of backwater valve is required to be installed on the lateral at the right of way. 21. The proposed project is subject to LID requirements. These requirements shall include using infiltration trenches, bioretention planter boxes, roof drains connected to a landscaped area, and/or pervious concrete/paver, etc. The LID Plan shall comply with the 2014 Los Angeles County Department of Public Works LID standard Manual and the selected measures must be shown on the grading plan. 22. 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. 23. Prior to 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. 24. The Applicant/Property Owner shall install an automatic fire sprinkler system per the City of Arcadia Fire Department Single & Multi-Family Dwelling Sprinkler Standard. 25. The Applicant/Property Owner shall comply with all City requirements regarding building safety, fire prevention, detection, suppression, emergency access, public 45 MFADR 21-05, TRE 21-10, TRD 23-05, & TPM 22-02 (83905) 200 S. 2nd Avenue February 14, 2023 – Page 12 of 14 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 Deputy Development Services Director, 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. 26. To the maximum extent permitted by law, 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 21-05, TRD 23-05, TRE 21-10, and TPM 22-02 (83905) (“Project”) on the Project site, and which may arise from the direct or indirect operations of the Applicant or those of the Applicant’s contractors, agents, tenants, employees or any other persons acting on Applicant’s behalf, which relate to the development and/or construction of the Project. This indemnity provision applies to all damages and claims, actions, or proceedings for damages, as described above, regardless of whether the City prepared, supplied, or approved the plans, specifications, or other documents for the Project. In the event of any legal action challenging the validity, applicability, or interpretation of any provision of this approval, or any other supporting document relating to the Project, the City will promptly notify the Applicant of the claim, action, or proceedings and will fully cooperate in the defense of the matter. Once notified, the Applicant must indemnify, defend and hold harmless the Indemnitees, and each of them, with respect to all liability, costs and expenses incurred by, and/or awarded against, the City or any of the Indemnitees in relation to such action. Within 15 days’ notice from the City of any such action, the Applicant shall provide to the 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. The 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. The City shall only refund to the 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 46 MFADR 21-05, TRE 21-10, TRD 23-05, & TPM 22-02 (83905) 200 S. 2nd Avenue February 14, 2023 – Page 13 of 14 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, at the request of the Applicant or not. 27. Approval of MFADR 21-05, TRD 23-05, TRE 21-10, and TPM 22-02 (83905) 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 21-05, Diseased Tree Permit No. TRD 23-05, Protected Tree Encroachment No. TRE 21-10, and Tentative Parcel Map No. TPM 22-02 (83905), state that the proposal satisfies the requisite findings, and adopt the attached Resolution No. 2117 that incorporates the requisite environmental and subdivision findings, and the conditions of approval as presented in this staff report, or as modified by the Commission. Denial If the Planning Commission is to deny this project, the Commission should state the specific findings that the proposal does not satisfy based on the evidence presented with specific reasons for denial, and move to deny Multiple Family Architectural Design Review No. MFADR 21-05, Diseased Tree Permit No. TRD 23-05, Protected Tree Encroachment No. TRE 21-10, and Tentative Parcel Map No. TPM 22-02 (83905) 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 February 14, 2023, Planning Commission Meeting, please contact Planning Services Manager, Fiona Graham at (626) 574-5442, or fgraham@ArcadiaCA.gov. Approved: Lisa L. Flores Deputy Development Services Director 47 MFADR 21-05, TRE 21-10, TRD 23-05, & TPM 22-02 (83905) 200 S. 2nd Avenue February 14, 2023 – Page 14 of 14 Attachment No. 1: Resolution No. 2117 Attachment No. 2: Aerial Photo with Zoning Information and Photos of the Subject Property and Vicinity Attachment No. 3: Tentative Parcel Map No. TPM 22-02 (83905) Attachment No. 4: Architectural Plans Attachment No. 5: Protected Tree Reports, dated February 2023 and May 2021 Attachment No. 6: Preliminary Exemption Assessment 48 Attachment No. 1 Attachment No. 1 Resolution No. 2117 49 24347.00004\41022423.1 RESOLUTION NO. 2117 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING MULTIPLE FAMILY ARCHITECTURAL DESIGN REVIEW NO. MFADR 21-05, DISEASED TREE PERMIT NO. TRD 23-05, PROTECTED TREE ENCROACHMENT NO. TRE 21-10, AND TENTATIVE PARCEL MAP NO. TPM 22-02 (83905), WITH A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR A SPANISH-STYLE, FOUR-UNIT, MULTI-FAMILY RESIDENTIAL CONDOMINIUM DEVELOPMENT AT 200 S. SECOND AVENUE WHEREAS, on June 10, 2021 applications for Multiple Family Architectural Design Review No. MFADR 21-05, and Protected Tree Encroachment No. TRE 21-10 were filed by Youkun Nie and 200 S. Second Avenue LLC, respectively, On February 9, 2023, Diseased Tree Permit No. TRD 23-05 was submitted by Youkun Nie, and on July 18, 2022 Tentative Parcel Map No. TPM 22-02 (83905) was filed by EGL Associates, for a four-unit, Spanish-style multi-family residential condominium development, removal of a protected Chinaberry tree in the front yard setback, encroachment into the protected zone of a Coastal Live Oak tree, and subdivision of the airspace located at 200 S. Second Avenue (collectively, “Project”); and WHEREAS, on January 6, 2023, Planning Services completed an environmental assessment for the Project in accordance with the California Environmental Quality Act (“CEQA”), and recommends that the Planning Commission determine the Project is exempt under CEQA per Section 15332 of the CEQA Guidelines because the Project is considered an in-fill development project; and WHEREAS, on February 14, 2023, a duly-noticed public hearing was held before the Planning Commission on said Project, at which time all interested persons were given full opportunity to be heard and to present evidence. 50 24347.00004\41022423.1 2 NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF ARCADIA HEREBY RESOLVES AS FOLLOWS: SECTION 1. The factual data submitted by the Community Development Division in the staff report dated February 14, 2023, are true and correct. SECTION 2. This Commission finds, based upon the entire record: 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: FACT: The proposed tentative parcel map for a four-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 51 24347.00004\41022423.1 3 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. B. The site is physically suitable for the type and proposed density of development: FACT: 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 four-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 four-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: FACT: The proposed tentative parcel map for four (4) multi-family residential units is a subdivision of a developed, infill site within an urbanized area and does not 52 24347.00004\41022423.1 4 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: FACT: The proposed subdivision is to subdivide the airspace of four-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 the review authority 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. There are no known easements on the subject property. 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: 53 24347.00004\41022423.1 5 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. 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: FACT: 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. H. The proposal is consistent with the City’s Multifamily Residential Design Guidelines: FACT: 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 four-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 S. 2nd Avenue (165 Bonita Avenue and 128 S. 2nd Avenue) and also echoes the architectural style of the existing single family residence on the property. The proposed development will also be similar in height to the other multi-family developments on this street. In addition, the proposed design is consistent with the City’s Multifamily Residential Design Guidelines. 54 24347.00004\41022423.1 6 SECTION 3. Pursuant to the provisions of the California Environmental Quality Act (“CEQA”), this Project is a Class 32 Categorical Exemption as an infill-development project per Section 15332 of the CEQA Guidelines. SECTION 4. For the foregoing reasons the Planning Commission determines that the Project is Categorically Exempt under the California Environmental Quality Act (“CEQA”) Section 15332, Class 32, and approves Multiple Family Architectural Design Review No. MFADR 21-05, Diseased Tree Permit No. TRD 23-05, Protected Tree Encroachment No. TRE 21-10, and Tentative Parcel Map No. TPM 22-02 (83905) for a four-unit multi-family residential condominium development at 200 S. Second Avenue, subject to the conditions of approval attached hereto. SECTION 5. The Secretary shall certify to the adoption of this Resolution. 55 24347.00004\41022423.1 7 Passed, approved and adopted this 14th day of February, 2023. Brad Thompson Chair, Planning Commission ATTEST: Lisa L. Flores Secretary APPROVED AS TO FORM: Michael J. Maurer City Attorney 56 24347.00004\41022423.1 8 Page Intentionally Left Blank 57 24347.00004\41022423.1 9 RESOLUTION NO. 2117 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 21-05, TRD 23-05, TRE 21-10, and TPM 22-02 (83905), subject to the approval of the Deputy Development Services Director or designee. 2. Any required mechanical equipment, such as backflow devices and electrical transformers, 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 Deputy Development Services Director, or designee. 3. The Property Owner/Applicant shall comply with all recommendations listed in the Arborist Report, dated May 2021 and in the Addendum to the report, dated February 2023. 4. The Property Owner/Applicant will install a wood fence within the Protected Zone of the Coast Live Oak Tree at the rear of the property in lieu of a block wall, as recommended in the Arborist report, dated May 2021 and in the Addendum to the report, dated February 2023. 5. The Property Owner/Applicant shall prepare and submit an ALTA survey of the property to Planning Services prior to plan check submittal. 6. 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 7. The project shall comply with Chapter 35A Multiple Family Construction Standards as amended in the Arcadia Municipal Code Section 8130.20. 8. The Project will require the removal of overhead electrical services and installation of underground electrical services. Electrical transformer is to be placed on private property, outside of any public right-of-way/dedication. Applicant/Property Owner is to work with Southern California Edison on design plans. 58 24347.00004\41022423.1 10 9. The grading plans shall indicate all on- and off-site improvements and shall indicate complete drainage paths of all drainage water run-off. 10. A demolition permit shall be obtained from Building Services prior to the removal and/or demolition of the structures on site. 11. No utilities or fixtures shall be located on the exterior walls of the building that face the main driveway. 12. Prior to approval of the Final Parcel Map, the Applicant/Property Owner shall: a) Remove and replace the existing curb, gutter, and sidewalk along the property frontage of Second Avenue. b) Coordinate with Public Works Services on the installation of a new street tree. c) Remove and construct driveway approach per City Standard plan. 13. 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. 14. There is a 12” cast iron water mains with 55 psi static pressure that the development shall connect to on the east side of Second Ave. 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. 15. The Applicant/Property Owner shall install separate water meter for each condo unit. A common water meter for each unit can be used to supply both domestic water services and fire services. Applicant/Property Owner shall separate the fire service from domestic water service with an approved back flow device. 16. All condominiums shall require a separate water service and meter for common area landscape irrigation. 17. A Water Meter Permit Application shall be submitted to the Public Works Services Department prior to permit issuance. 18. 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 Owner, according to Public Works Services Department, Engineering Division specifications. 59 24347.00004\41022423.1 11 19. An 8” Vitrified Clay Pipe (VCP) sewer main is available on Second Avenue to provide sanitary sewer for the project. The Applicant/Property Owner shall utilize existing sewer lateral if possible. 20. If any drainage fixture elevation is lower than the elevation of the next upstream manhole cover (475.56’), an approved type of backwater valve is required to be installed on the lateral at the right of way. 21. The proposed project is subject to LID requirements. These requirements shall include using infiltration trenches, bioretention planter boxes, roof drains connected to a landscaped area, and/or pervious concrete/paver, etc. The LID Plan shall comply with the 2014 Los Angeles County Department of Public Works LID standard Manual and the selected measures must be shown on the grading plan. 22. 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. 23. Prior to 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. 24. The Applicant/Property Owner shall install an automatic fire sprinkler system per the City of Arcadia Fire Department Single & Multi-Family Dwelling Sprinkler Standard. 25. The Applicant/Property Owner 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 Deputy Development Services Director, 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. 26. To the maximum extent permitted by law, 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 60 24347.00004\41022423.1 12 been caused by reason of the Applicant’s activities in connection with MFADR 21- 05, TRD 23-05, TRE 21-10, and TPM 22-02 (83905) (“Project”) on the Project site, and which may arise from the direct or indirect operations of the Applicant or those of the Applicant’s contractors, agents, tenants, employees or any other persons acting on Applicant’s behalf, which relate to the development and/or construction of the Project. This indemnity provision applies to all damages and claims, actions, or proceedings for damages, as described above, regardless of whether the City prepared, supplied, or approved the plans, specifications, or other documents for the Project. In the event of any legal action challenging the validity, applicability, or interpretation of any provision of this approval, or any other supporting document relating to the Project, the City will notify the Applicant of the claim, action, or proceedings and will cooperate in the defense of the matter. 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, the Applicant shall provide to the 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. The 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. The City shall only refund to the 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. The parties hereby agree to cooperate in defending such action. The City will not voluntarily assist in any 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, at the request of the Applicant or not. 27. Approval of MFADR 21-05, TRD 23-05, TRE 21-10, and TPM 22-02 (83905) 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. ---- 61 Attachment No. 2 Attachment No. 2 Aerial Photo with Zoning Information and Photos of the Subject Property and Vicinity 62 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 1926 1,283 1 Property Owner Site Address:200 S 2ND AVE Parcel Number: 5773-016-037 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 08-Feb-2023 Page 1 of 1 63 Contemporary style. Flat roof. 2 stories with half basement. 1988 Spanish style. 2 stories. 27’-6” height. 1998 Indistinct style, but some Spanish elements – arch detail, white stucco, red tile roof. 2 stories. 1986 Craftsman style, 2 stories, 2010 Spanish style, 2 stories, 28’-6”, 2011 Traditional style, single story, 1955 Indistinct style, two stories, 2002 64 Attachment No. 3 Attachment No. 3 Tentative Parcel Map No. TPM 22-02 (83905) 65 66 Attachment No. 4 Attachment No. 4 Architectural Plans 67 68 69 70 71 72 73 74 75 76 MAILBOX 5' WALKWAY PROPERTY LINE VINES IN VINE POCKET 5' TUBULAR STEEL FENCECOMMON OPEN SPACE 3' TUBULAR STEEL FENCE COMMON OPEN SPACE SQUARE ACCENT PAVERS 3' DRIVE AISLE PLANTER PROPERTY LINE 6" MOW CURB WALKWAY VINES IN VINE POCKET BICYCLE PARKING LAGERSTROEMIA INDICA •• • •• • • • • ••••••••••• MULTI-TRUNK MUSKOGEE LAVENDER CRAPE MYRTLE TREE PHOENIX RECLINATA MULTI-TRUNK (3) TRUNKS SENEGAL DATE PALM STRELITZIA NICOLAI GIANT BIRD OF PARADISE CITRUS KUMQUAT 'KUKSHU' KUKSHU KUMQUAT 224" BOX MED 124" BOX MED 424" BOX MED 415 GAL MED WATER USESIZEQUANTITYSYMBOLBOTANICAL NAME COMMON NAME TREE LEGEND RHAPHIOLEPIS 'MAJESTIC BEAUTY' INDIAN HAWTHORN 115 GAL MED SALVIA 'BEES BLISS'BEES BLISS SAGE RHAMNUS 'EVE CASE'EVE CASE COFFEEBERRRY MUHLENBERGIA 'REGAL MIST'REGAL MIST PINK MUHLY GRASS LAVANDULA 'MEERLO'MEERLO LAVENDER CAREX DIVULSA BERKELEY SEDGE ANIGOZANTHOS 'HARMONY' HARMONY KANGAROO PAW SENECIO SERPENS BLUE CHALKSTICKS AGAVE 'BLUE FLAME'BLUE FLAME AGAVE 85 GAL LOW 245 GAL LOW 285 GAL LOW 755 GAL LOW @ 18" O.C.1 GAL LOW 385 GAL LOW @ 18" O.C.1 GAL LOW 5 GAL LOW LANDSCAPE NOTES All LANDSCAPE AREAS TO BE IRRIGATED WITH AN AUTOMATIC IRRIGATION SYSTEM. LANDSCAPING IS TO CONFORM TO ALL APPLICABLE CODES & ORDINANCES. PROPERTY OWNER SHALL BE RESPONSIBLE FOR ALL ON-SITE LANDSCAPING AS SHOWN. WATER USESIZEQUANTITYSYMBOLBOTANICAL NAME COMMON NAME PLANT LEGEND BULBINE FRUTESCENS STALKED BULBINE 385 GAL LOW VINCA MINOR PERIWINKLE @ 18" O.C.1 GAL MED KURAPIA KURAPIA SOD SOD LOW 31 N LC1 1"=8'-0" LANDSCAPE CONCEPT PROGRESS DRAWING These documents are subject to change due to public agency comment, client-requested revisions, and in housereview, and are therefore, NOT ACCEPTABLE FOR BIDDING OR CONSTRUCTION. The landscapearchitect is not responsible for contract bids or project construction made from any document bearing this note. SCALE: SHEET NO. DATE: CHECKED BY: DRAWN BY: JOB NAME: EF AC S. 2ND ARCADIA 6/8/22 77 LC2 LANDSCAPE CONCEPT IMAGE BOARD PROGRESS DRAWING These documents are subject to change due to public agency comment, client-requested revisions, and in housereview, and are therefore, NOT ACCEPTABLE FOR BIDDING OR CONSTRUCTION. The landscapearchitect is not responsible for contract bids or project construction made from any document bearing this note. SCALE: SHEET NO. DATE: CHECKED BY: DRAWN BY: JOB NAME: EF AC S. 2ND ARCADIA 20 0 S O U T H S E C O N D AV E . T O W N H O M E S 6/8/22 20 0 S . S E C O N D AV E N U E L L C • • • • • • • • • • • •• ••• • •• • ••• • • • • • • • ••••••••••••••••••••••••••••••••PHOENIX RECLINATA STRELITZIA NICOLAI SALVIA 'BEES BLISS' RHAMNUS 'EVE CASE' MUHLENBERGIA'REGAL MIST'LAVANDULA 'MEERLO' ANIGOZANTHOS 'HARMONY'AGAVE 'BLUE FLAME'SENECIO SERPENSCAREX DIVULSA CITRUS KUMQUAT 'KUKSHU' PARTHENOSISSUS TRICUSPIDATA BULBINE FRUTESCENS VINCA MINOR RHAPHIOLEPIS MAJESTIC BEAUTY CESTRUM NOCTURNUM 78 Attachment No. 5 Attachment No. 5 Protected Tree Report 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 JTL Consultants Consulting Arborists and Botanists 952 Buena Vista Street • Duarte, CA 91010 (626) 358-5690 • info@JTLconsultants.com JTLconsultants.com February 9, 2023 Arborist Report Addendum for 200 S. Second Avenue, Arcadia, CA 91006 Background Youkun Nie, Architect from Creative Design Associates, contacted JTL Consultants requesting an addendum to an Arborist Report, written by Michael Crane from Arbor Care, Inc. in May 2021. Youkun has designed four three-story townhome units for the property. The project is scheduled for a public hearing on February 14, 2023 and Fiona Graham, Planning Services Manager for the City of Arcadia, needed clarification on the current condition of one of the trees on site, recommendation for either a block wall or a wood fence within the root zone of another tree, discussion of any potential impacts that over- excavation may have on tree roots, and a current site plan. On February 9, 2023, JTL Consultants conducted a site visit and tree inspection to address these issues. Observations In the front yard is Tree 1, a Chinaberry (Melia azedarach). The tree is in poor condition with trunk decay and poorly attached branches growing from heavily pruned scaffold branches. The trunk decay and poorly attached branches make this a hazardous tree. In the backyard is off-site Tree 4, a coast live oak (Quercus agrifolia). The tree is in poor condition with a chain-link fence and fence post embedded in the trunk, sidewalks close to the trunk on the east and south sides of the tree, and heavily pruned branches on the east and south sides of the tree. There is an existing block wall on the north property line and a chain-link fence on the south and east property lines. Recommendations 1. Remove Tree 1, the Chinaberry in the front yard (Photos A and B), by applying for a Protected Tree Permit for Removal of Dead, Diseased and/or Hazardous Trees. 2. Remove the embedded chain-link fence and fence post from the trunk of off-site Tree 4, the coast live oak (Photos D, E, and F). 3. Install a wood fence on the south and east property lines. A wood fence would have less impact on the root zone of the coast live oak because it would only require digging for fence posts instead of trenching for a concrete footing. 4. On the south property line, install the first fence post no closer than 12 inches west of the existing fence post, leaving a gap next to the trunk of the coast live oak (Photo E). 5. On the east property line, install the first fence post no closer than 36 inches north of the existing fence post, leaving a gap next to the trunk of the coast live oak (Photo F). 6. Install a 5-foot-high chain-link tree protection fencing around the coast live oak at the location shown on the Site Plan. The fencing will remain in place during construction. 7. No over-excavation or soil compaction will occur within the dripline of the oak tree. 101 Arborist Report Addendum, 200 S. Second Avenue, Arcadia 2 JTL Consultants February 9, 2023 Photos A B Photo A, facing west, showing Tree 1, a Chinaberry, in the front yard. Photo B, facing west, showing trunk decay in the Chinaberry. 102 Arborist Report Addendum, 200 S. Second Avenue, Arcadia 3 JTL Consultants February 9, 2023 D C Photo C, facing southeast, showing off-site Tree 4, a coast live oak, in the backyard. Photo D, facing south, showing chain-link fence embedded in the trunk of the coast live oak. 103 Arborist Report Addendum, 200 S. Second Avenue, Arcadia 4 JTL Consultants February 9, 2023 E F Photo E, facing north, showing the embedded fence and fence post in the trunk of the off-site coast live oak. On the south property line, install the first fence post no closer than 12 inches west of the existing fence post, as indicated by the yellow line, leaving a gap next to the trunk of the coast live oak. Photo F, facing west, showing chain-link fence embedded in the trunk of the coast live oak On the east property line, install the first fence post no closer than 36 inches north of the existing fence post, as indicated by the yellow line, leaving a gap next to the trunk of the coast live oak. 104 Arborist Report Addendum, 200 S. Second Avenue, Arcadia 5 JTL Consultants February 9, 2023 Site Plan 105 Attachment No. 4 Attachment No. 4 Preliminary Exemption Assessment 106 Preliminary Exemption Assessment FORM “A” PRELIMINARY EXEMPTION ASSESSMENT 1.Name or description of project:Multiple Family Architectural Design Review No. MFADR 21-05,Tree Permit No. TR 2 -0 , Protected Tree Encroachment No. TRE 21-10, and Tentative Parcel Map No. TPM 22-02 (83905), for a new four (4) unit, three-story, multi- family residential condominium development 2.Project Location – Identify street address and cross streets or attach a map showing project site (preferably a USGS 15’ or 7 1/2’ topographical map identified by quadrangle name): 200 S. Second Avenue 3.Entity or person undertaking project: A. B.Other (Private) (1)Name Youkun Nie on behalf of 200 S Second Avenue LLC (2)Address 335 N. Berry Street Brea, CA 92821 4.Staff Determination: The Lead Agency’s Staff, having undertaken and completed a preliminary review of this project in accordance with the Lead Agency's "Local Guidelines for Implementing the California Environmental Quality Act (CEQA)" has concluded that this project does not require further environmental assessment because: a.The proposed action does not constitute a project under CEQA. b.The project is a Ministerial Project. c.The project is an Emergency Project. d.The project constitutes a feasibility or planning study. e.The project is categorically exempt. Applicable Exemption Class: 15332 – Class 32 (Infill Development) f.The project is statutorily exempt. Applicable Exemption: g.The project is otherwise exempt on the following basis: h.The project involves another public agency which constitutes the Lead Agency. Name of Lead Agency: Date: 01/06/2023 Staff: Fiona Graham, Planning Services Manager 107 DATE: February 14, 2023 TO:Honorable Chair and Planning Commission FROM:Lisa Flores, Deputy Development Services Director By: Alison MacCarley, Assistant Planner SUBJECT:RESOLUTION NO. 2114 – RECOMMENDING THAT THE CITY COUNCIL APPROVE TEXT AMENDMENT NO. 22-03 AMENDING VARIOUS SECTIONS OF ARTICLE IX, CHAPTER 1 (DEVELOPMENT CODE) OF THE ARCADIA MUNICIPAL CODE PERTAINING TO ACCESSORY DWELLING UNITS (ADU) AND FINAL PARCEL MAPS WITH DEDICATIONS, AND AMENDING ARTICLE IV OF THE ARCADIA MUNICIPAL CODE, CHAPTER 6 (NOISE REGULATION) THE ALLOWABLE HOURS FOR GARDENING, AND LANDSCAPING, AND CHAPTER 4 (PROPERTY MAINTENANCE AND NUISANCE ABATEMENT CODE) TO ESTABLISH REQUIREMENTS AND REGULATIONS FOR NON-OPERATING PROPERTIES IN NON-RESIDENTIAL ZONES CEQA: Exempt Recommendation: Adopt SUMMARY The Development Services Department has initiated a Text Amendment to amend and update various sections of the City’s Development Code and Municipal Code. The Text Amendment consists of: 1) An update of the Accessory Dwelling Unit Ordinance in the Development Code due to recent changes in State law; 2) Changes to approval process for Final Parcel Maps with Dedications in the Development Code; 3) A minor change to Chapter 6 of Municipal Code pertaining to noise related to gardening and landscaping; and 4) An amendment to Chapter 4 of the Municipal Code (Property Maintenance and Nuisance Abatement Code) to establish requirements and regulations pertaining to non- operating properties in non-residential zones. As such, it is recommended that the Planning Commission adopt Resolution No. 2114, recommending that the City Council approve Text Amendment No. TA 22-03 and determine the Text Amendment is exempt from the California Environmental Quality Act (“CEQA”). 108 Text Amendment No. 22-03 February 14, 2023 Page 2 of 8 BACKGROUND Accessory Dwelling Unit Ordinance Update Over the past decade, the State legislature has enacted legislation that has reduced barriers for property owners to develop accessory dwelling units on residentially zoned properties. Accessory Dwelling Units are seen by housing advocates and the State legislators as a way to relieve some of the stress of the ongoing housing availability crisis within the State. Accessory Dwelling Units are fully contained, secondary units which can be rented out separately from primary dwelling on any residentially zoned property in the City. In 2022, the California State Legislature approved, and Governor Newsom signed, two new laws; AB 2221 and SB 897. These two bills went into effect on January 1, 2023. These two laws amended Government Code Section 65852.2 include changes to the existing Accessory Dwelling Unit (ADU) laws, as shown in the text amendment, which is later discussed under the Analysis – refer to Exhibit A of Attachment No. 1. The City seeks to update the current ADU ordinance to comply with the new regulations and clarify development standards regarding ADUs in the City. Final Parcel Maps with Dedications Staff undertook a review of the City’s processes for various project types and identified Final Parcel Maps with Dedications as a process that can be simplified and expedited. The Development Code requires that all Final Parcel Maps with Dedications shall be approved by the City Council. However, this process can be streamlined where the dedication and parcel map can be accepted and approved by the City Engineer as long as the tentative parcel map with the dedication was approved by the Planning Commission. Change in Allowable Hours for Gardening and Landscaping At the January 19, 2021, City Council meeting, the City Council discussed the possibility of changing the allowable hours for noise related to gardening and landscaping in the residential areas, which are currently Monday through Saturday from 9:00 a.m. to 5:00 p.m., and on Sundays from 7:00 a.m. to 7:00 p.m. A staff report was prepared at that time that included an evaluation of the City’s current regulations, a study of neighboring cities' regulations, the low volume of complaints the City receives regarding this matter, and proposed alternative regulatory options. At the conclusion of the City Council’s discussion, the City Council made the decision to table the subject. The subject was brought forward again at the November 1, 2022, City Council meeting for further discussion. As a result of the discussion at this meeting, the City Council voted 4-1 for staff to prepare an Ordinance to amend Article IV, Section 4630.2 of the Arcadia Municipal Code to change the hours of operation for noise related to gardening and landscaping only on Sundays from 9:00 a.m. to 5:00 p.m. to 12:00 p.m. to 5:00 p.m. 109 Text Amendment No. 22-03 February 14, 2023 Page 3 of 8 New Requirements and Regulations for Non-Operating Properties in Non-Residential Zones The City is proposing new requirements and regulations for registration of non-operating properties in non-residential zones. The purpose of establishing a registration program on non-operating properties is to protect the commercial or industrial areas from becoming blighted by a lack of adequate maintenance and/or security and to prevent these properties from becoming a further liability to the surrounding area and community. Although this does not occur frequently, the City has dealt with non-operating properties that have presented serious maintenance and security issues that have required responses from various City departments. Establishing this program would enable the City to charge for costs incurred through inspections, abatements, emergency calls, and other various responses on a non-operating property. DISCUSSION There are four text amendments being proposed. Two of which are changes to the Arcadia Development Code regarding the Accessory Dwelling Units (ADU) regulations and Final Parcel Map with a dedication, and the other two changes are to the City’s Municipal Code regarding the change in hours for gardening and landscaping and a new program pertaining to Property Maintenance and Nuisance Abatement for “non-occupant” properties. 1. Accessory Dwelling Unit Ordinance Update The City has updated the Accessory Dwelling Unit (ADU) Ordinance four times in the last five years to comply with all the changes that the State has made to the ADU laws. The State has included more changes to the ADU regulations that went into effect on January 1, 2023. The City, therefore, must update its ADU ordinance to be in compliance with State law. The update will include the following changes to the ADU Ordinance: Maximum height for Attached ADUs in any Residential Zone: The maximum height for an attached ADU is 25 feet or the maximum height limit that applies to the primary dwelling, whichever is lower, and it is still limited to a maximum of two stories. Previously, the maximum height for attached ADUs was the height of the existing primary dwelling. Maximum Height in Multi-family Zones: The maximum height for a detached ADU was increased from 16 feet to 18 feet tall, as measured to the top of the ridge but the limitation of a single-story will remain the same. 110 Text Amendment No. 22-03 February 14, 2023 Page 4 of 8 Front Setback:The front setback for a primary home can be modified to allow the primary dwelling to encroach into the front setback provided that it allows for construction of an up-to 800 square foot ADU that meets height limits and complies with four-foot side and rear setback requirements. Junior Accessory Dwelling Units (JADUs): A Junior Accessory Dwelling Unit (JADU) must be “within the walls” of a proposed or existing single-family dwelling. This location requirement now expressly includes existing attached garages. The maximum square footage for a JADU still remains at 500 square feet. ADUs Near a High-Quality Transit - This is a new regulation that now allows a detached ADU that is within half a mile of walking distance from high quality transit and within a single-family or multi-family zone up to 18 feet (was 16 feet) in height and single story plus an additional two (2) feet in height may be allowed for the structure to match the roof pitch of the existing primary structure. The changes to allowable ADU heights will affect all ADUs within the City. To summarize, all detached ADUs, regardless of the zone, will continue to be limited to one story. For single-family zoned properties, the allowed maximum height will only change to be 18 feet for properties within a half mile walking distance of the train station or a high-quality transit corridor. Only a small number of single-family zoned properties fall within the half mile walking distance area. All other single-family zoned properties will continue to have a maximum height of 16 feet. In all multi-family zones, the maximum allowable ADU height has increased from 16 feet to 18 feet. The State has also changed the applicability of front setbacks regarding Statewide Exempt ADUs (SEADU). A SEADU is an ADU of up to 800 square feet with minimum four feet rear and side setbacks, and a maximum height of 16 feet, and is a ministerial action. It may be attached or detached. When in cases that there is not enough room in the rear or side yard area(s) for a SEADU, the primary dwelling may encroach into the front yard setback in order to accommodate the construction of a new SEADU in the rear or side yard area. State law now clarifies that existing attached garage(s) may be converted into JADUs, however it will still be limited to 500 square feet. Previously, it was unclear under State law whether attached garages were considered “within the walls of the primary dwelling”. The State has now clarified that attached garages are “within the walls of the primary dwelling” and therefore can be converted into JADUs. Where an attached garage is larger than 500 square feet, only a maximum of 500 square feet can be converted into a JADU – the balance area would remain as a garage. 111 Text Amendment No. 22-03 February 14, 2023 Page 5 of 8 2. Final Parcels Maps with Dedications Under the current provisions of the Development Code, a Final Parcel Map with a dedication requires approval by the City Council. As a charter city, the City of Arcadia has authority over its municipal affairs, which include establishing procedures for the acceptance of dedications. Approval of a final parcel map is a ministerial action, provided that the final map is consistent with and implements the requirements of an approved tentative map. The City Engineer thus makes the determination whether any dedications are appropriate, and the City Council’s approval is mere procedural formality. The Subdivision Map Act allows for a procedure where the City Engineer approves a final map with dedications, but the procedure still requires formal notice to the City Council and an opportunity to appeal the final map approval to the City Council. This procedure is potentially more cumbersome to implement rather than providing a more efficient process. Therefore, the City Council may exercise its home rule authority in order to streamline the process, and thus the proposed text amendment no longer requires that a final parcel map with a dedication be approved by the City Council. If the dedication changes in any way, it would have to be referred back to the Planning Commission for re-approval. The City Engineer would not have any authority to act on a land use decision. By changing this process, it should reduce the review period by four weeks. Change in Allowable Hours for Gardening and Landscaping As a result of the discussion at the November 1, 2022, City Council meeting, on allowable hours for noise related to gardening and landscaping in the residential areas and with the intention to minimize noise created from gardening and landscaping on Sundays, the City Council voted 4-1 for staff to prepare an Ordinance to amend Article IV, Section 4630.2 of the Arcadia Municipal Code to change the hours of operation for noise related to gardening and landscaping only on Sundays from 9:00 a.m. to 5:00 p.m. to 12:00 p.m. to 5:00 p.m.. Amending the hours on Sundays would shorten the time frame for gardening and landscaping on this day and would limit noise that is produced from these activities in the early morning. The allowable hours on Monday through Saturday will remain the same, which are from 7:00 a.m. to 7:00 p.m. Arcadia Municipal Code pertaining to Property Maintenance and Nuisance Abatement Code The proposed program would apply to all “non-operating” properties, which the ordinance defines as commercial or industrial (including mixed use) that are not actively engaged in commercial or industrial operations. The definition includes vacant properties, as well as those under construction or redevelopment. The goal is to that the City has a responsive contact that can respond quickly to issues on site and can be responsible for ensuring the site is sufficiently secured and maintained. The property owner of a non-operating property would be required to register the property with the City only if ordered by the City. In addition to registering the property with the City, the property owner would be required to pay an annual registration fee and would be subject to any and all additional 112 Text Amendment No. 22-03 February 14, 2023 Page 6 of 8 costs incurred by the City in relation to the maintenance or security of the property. The annual registration fee would be required for as long as the property remains on the registry and the City would have the sole authority to remove the property from the registry. As part of the regulations of these properties, the City is also proposing that conditions of approval be placed on project approvals and entitlements. These conditions of approval would focus on the maintenance and security of a property once it has been developed. Development Services Department would ensure these conditions of approval are implemented. FINDINGS Pursuant to Section 9108.03.060, an amendment to the Development Code may be approved only if all of the following findings are made: 1. The proposed Development Code amendment is consistent with the goals, policies, and objectives of the General Plan and any applicable specific plan(s). Facts to Support the Finding:The proposed Text Amendment will be consistent with the General Plan as the purpose of the proposed text amendments are to update the City’s ADU Ordinance to comply with recently updated State ADUs provisions, expedite processing of final maps with a dedication by authorizing the City Engineer to approve these applications, change hours of operation for landscaping, gardening, and noise, and to implement a program to regulate nuisance nonresidential properties. The Ordinance will improve the condition of existing and future housing opportunities for all Arcadia residents, and remove governmental constraints, and improve the condition of commercial zones by regulating nuisance properties. The goals, policies, and program actions in the Ordinance are consistent with all other Elements of the General Plan in that they further the City’s overall goals to create a diverse, sustainable, and balanced community by implementing strategies and programs that maintain Arcadia as a desirable place to live and do business. 2. The proposed amendment is internally consistent with other applicable provisions of this Development Code. Facts to Support the Finding: The proposed Text Amendment includes codifying development standards for Accessory Dwelling Units and Junior Accessory Dwelling Units in compliance with new State law. The new development standards and regulations for accessory dwelling units and junior accessory dwelling units are consistent with other applicable provisions of the Development Code. The changes to Division 5 of the Development Code will impact the way that Final Parcel Maps with Dedications are processed, and will be consistent with other provisions of the Development Code. Updating the City’s regulations regarding landscaping hours on Sundays will not contradict or otherwise processed with any provisions of the Development Code. Implementing a property maintenance and nuisance abatement 113 Text Amendment No. 22-03 February 14, 2023 Page 7 of 8 program for commercial properties will not be in conflict with any provisions of the Development Code. Therefore, the proposed Text amendment is internally consistent with other applicable provisions of this Development Code. ENVIRONMENTAL ASSESSMENT The California Environmental Quality Act (CEQA) together with State CEQA Guidelines and procedures require that certain projects be reviewed for environmental impacts and that environmental documents be prepared. The proposed update to the ADU Ordinance, Final Parcel Map with Dedications, and update to the Arcadia Municipal Code regarding Noise, Gardening, and Landscaping, and Property Maintenance and Nuisance Abatement are exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that the proposed text amendments would not have a significant effect on the environment and, thus, are not subject to CEQA review. See Attachment No. 2 for the Preliminary Environmental Assessment. PUBLIC COMMENTS/NOTICE Pursuant to Section of the Development Code 9108.13.020.B.2, if the number of property owners to whom notice would be mailed is more than 1,000, a notice may be published in a general circulation news publication. Accordingly, a public hearing notice for Text Amendment No. TA 22-03 was published in the Arcadia Weekly on January 26, 2023. As of February 9, 2023, no comments were received in response to the notice. RECOMMENDATION It is recommended that the Planning Commission adopt Resolution No. 2114, recommending that the City Council approve Text Amendment No. TA 22-03 amending various sections of Chapter 1, Article IX, of the Arcadia Development Code related to Accessory Dwelling Units and Final Parcel Maps as well as amendments to Article IV, Chapter 6 (Noise Regulation) regarding noise, gardening, and landscaping, and Chapter 4 (Property Maintenance and Nuisance Abatement Code) to establish requirements and regulations for nuisance nonresidential properties and with a statutory exemption from the California Environmental Quality Act. If any Planning Commissioner or other interested party has any questions or comments regarding this matter prior to the February 14, 2023, hearing, please contact Assistant Planner, Alison MacCarley at (626) 574-5447, or by email at Amaccarley@ArcadiaCA.gov 114 Text Amendment No. 22-03 February 14, 2023 Page 8 of 8 Approved: Lisa L. Flores Deputy Development Services Director Attachment No. 1: Resolution No. 2114 with Text Amendments Attachment No. 2: Preliminary Exemption Assessment 115 Attachment No. 1 Attachment No. 1 Resolution No. 21 116 RESOLUTION NO. 2114 RECOMMENDING THAT THE CITY COUNCIL APPROVE TEXT AMENDMENT NO. 22-03 AMENDING VARIOUS SECTIONS OF ARTICLE IX, CHAPTER 1 (DEVELOPMENT CODE) OF THE ARCADIA MUNICIPAL CODE PERTAINING TO ACCESSORY DWELLING UNITS (ADU) AND FINAL PARCEL MAPS WITH DEDICATIONS, AND AMENDING ARTICLE IV OF THE ARCADIA MUNICIPAL CODE, CHAPTER 6 (NOISE REGULATION) THE ALLOWABLE HOURS FOR GARDENING, AND LANDSCAPING, AND CHAPTER 4 (PROPERTY MAINTENANCE AND NUISANCE ABATEMENT CODE) TO ESTABLISH REQUIREMENTS AND REGULATIONS FOR NON-OPERATING PROPERTIES IN NON- RESIDENTIAL ZONES WHEREAS, the Development Services Department has initiated a Text Amendment No. TA 22-03 to amend and update various sections of the City’s Development Code, Article IX, Chapter 1 and the City’s Municipal Code, Chapters 4 and 6 (referred to as “Text Amendment”); and, WHEREAS, the proposed Text Amendment would result in changes to the Development Code to Division 2: Accessory Dwelling Units and Division 5: Subdivisions. The proposed Text Amendment would also result in changes to Chapter 6 of Municipal Code pertaining to noise related to gardening and landscaping and Chapter 4 of the Municipal Code regarding Property Maintenance and Nuisance Abatement Code; as shown in Exhibit “A through D” of this Resolution; and, WHEREAS, on January 26, 2022, Planning Services completed an environmental review of the proposed Text Amendment and determined that the project is exempt from review under the California Environmental Quality Act ("CEQA") pursuant to Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that the Text Amendment would not have a significant effect on the environment and, thus, is not subject to CEQA review; and 117 2 WHEREAS, on January 26, 2023, the City published the public hearing for the Text Amendment in a newspaper of general circulation (Arcadia Weekly) of the Planning Commission public hearing at which the Text Amendment would be reviewed with a recommendation to the City Council; and WHEREAS, on February 14, 2023, the Planning Commission held a duly-noticed public hearing and considered the staff report, recommendations by staff, and public testimony concerning the Text Amendment; and NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission hereby finds that the factual data set forth in the Recitals of this Resolution and by the Development Services Department in the staff report dated February 14, 2023, are true and correct. SECTION 2. The Planning Commission finds, based on the entire record, and all written and oral evidence presented, as follows: 1. The proposed amendment and ordinance is consistent with the City’s adopted General Plan and any applicable specific plan(s). FACT: The proposed Text Amendment will be consistent with the General Plan as the purpose of the proposed text amendments are to update the City’s ADU Ordinance to comply with recently updated State ADUs provisions, expedite processing of final maps with a dedication by authorizing the City Engineer to approve these applications, change hours of operation for landscaping, gardening, and noise, and to implement a program to regulate non-operating nonresidential properties. The Ordinance will improve the condition of existing and future housing opportunities for all Arcadia 118 3 residents, and remove governmental constraints, and improve the condition of commercial zones by regulating nuisance properties. The goals, policies, and program actions in the Ordinance are consistent with all other Elements of the General Plan in that they further the City’s overall goals to create a diverse, sustainable, and balanced community by implementing strategies and programs that maintain Arcadia as a desirable place to live and do business. 2. For Development Code amendments only, the proposed amendment is internally consistent with other applicable provisions of this Development Code. FACT: The proposed Text Amendment includes codifying development standards for Accessory Dwelling Units and Junior Accessory Dwelling Units in compliance with new state law. The Text Amendment replaces existing language within the Development Code that heretofore was compliant with state law. The new development standards and regulations for accessory dwelling units and junior accessory dwelling units are consistent with the remainder of the regulations for development and construction in residential zones throughout the City. The changes to Division 5 of the Development Code will impact the way that Final Parcel Maps with Dedications are processed, and will be consistent with other provisions of the Development Code. Section 3. The Planning Commission determines that the proposed Text Amendment is exempt from review under the California Environmental Quality Act ("CEQA") pursuant to Section 15061(b)(3) of the CEQA Guidelines, where it can be seen with certainty that the Text Amendment would not have a significant effect on the environment and, thus, is not subject to CEQA review. 119 4 Section 4. Based on the entire record before the Planning Commission, all written and oral evidence presented to the Planning Commission, and the findings made in the staff report and this Resolution, the Planning Commission hereby recommends that the City Council approve Text Amendment No. TA 22-03, as reflected in Exhibits "A through D” of Draft Ordinance No. 2390 of this Resolution. SECTION 5. The Secretary shall certify as to the adoption of this Resolution. (SIGNATURES ON NEXT PAGE) 120 5 Passed, approved and adopted this _____ day of _____________, 2023. ____________________ Brad Thompson Chair, Planning Commission ATTEST: ______________________ Lisa L. Flores Secretary APPROVED AS TO FORM: ______________________ Michael J. Mauer City Attorney 121 6 EXHIBIT “A” Development Code, Division 2 – ADUs 122 7 Development Code - Division 2 – Accessory Dwelling Units The new language is shown in “red.” Strikethrough for any language to deleted. 9102.01.080 Accessory Dwelling Units Amended by Ord. No. 2347 Amended by Ord. 2369 & 2370 Amended by Ord. No. 2375 Accessory dwelling units and junior accessory dwelling units, as defined in Division 9 (Definition) of this Development Code, are allowed in the R-0, R-1, R-M, R-2, R-3, R-3-R, CBD, MU, and DMU zones, developed with at least one dwelling. Accessory dwelling units are subject to all development standards for the underlying zoning of the property, as set forth in Table 2-2 (Development Standards for Single- Family Residential Zones) or in Table 2-6 (Development Standards for Multiple-Family Residential Zones) unless otherwise specified in this Section. A. Development Standards 1. General. Except as identified in this Subsection, accessory dwelling units shall comply with all the development standards (setbacks, lot coverage, height, etc.). All accessory dwelling units shall be clearly subordinate in location and size to the primary structure and consistent in exterior appearance with the primary structure through the use of similar/matching exterior paint colors, material types, and architectural styles. Accessory dwelling units shall have a defined and independent exterior access. An accessory dwelling unit is allowed on a site only when a primary dwelling exists. 2. Location: An accessory dwelling unit is permitted on any residentially zoned property if a single-family dwelling or multifamily dwelling exists on the lot or will be constructed in conjunction with the accessory dwelling unit. An accessory dwelling unit may be either attached to the existing dwelling unit, or located within the living area of the existing dwelling or detached from the existing dwelling and located on the same lot as the existing dwelling. A junior accessory dwelling unit (JADU) may only be located within an existing or proposed single-family structure, including within an attached garage. One of the following is allowed: 1. One Attached ADU (may not be allowed with detached ADU or JADU); or 2. One Detached ADU or a JADU by itself; or 3. One Detached ADU with one JADU 3. Maximum Floor Area and Lot Coverage. No accessory dwelling unit may cause the total Floor Area Ratio (FAR) to exceed 45%, or cause the lot coverage of the lot to exceed 50%. If either requirement would preclude development of an accessory dwelling unit up to 800 square feet in size, the requirement does not apply. Maximum Rear Yard Lot Coverage in Single-Family Zones: No accessory dwelling unit may cause the rear yard lot coverage to exceed 25%, except if the requirement precludes the development of an accessory dwelling unit of up to 800 square feet in size. 4. Maximum Size a. Accessory Dwelling Unit. The maximum size of a detached or attached accessory dwelling unit is 850 square feet for a studio or one-bedroom unit and 1,000 square feet for a unit with two bedrooms. No more than two bedrooms are allowed. b. Junior Accessory Dwelling Unit. The maximum size within an existing or proposed single-family dwelling is 500 square feet. 123 8 c. An attached accessory dwelling unit that is created on a lot within an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling, unless this would restrict the maximum size of the accessory dwelling unit to be smaller than 800 square feet. d. Application of other development standards in this section, such as FAR or lot coverage, might further limit the size of the accessory dwelling unit, but no any application of the percent-based floor area limit in paragraph A.4.c above or of an FAR, lot coverage, or front setback, or open space requirements may require the must yield to the extent necessary to allow an accessory dwelling unit to be less than up to 800 square feet. 5. Maximum Height and Story a. A single-story attached or detached accessory dwelling unit may not exceed 16 feet in height, measured to the top of the roof ridge. b. A second story or two-story attached accessory dwelling unit may not exceed the height of the primary dwelling. c. A detached accessory dwelling unit may not exceed one story a. Except as otherwise provided by paragraphs (A)(4)(d)(5)(b) and (c) below, a detached ADU created on a lot with an existing or proposed single family or multifamily dwelling unit may not exceed 16 feet in height and one story. b. A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single-family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit. It may not exceed one story. c. A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height. It may not exceed one story. d. An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection (A)(4)(d)(5)(d) may not exceed two stories. e. For purposes of this subsection (A)(4)(d), height is measured above existing legal grade to the peak of the structure. 6. Required Setbacks. a. Detached and attached accessory dwelling units shall meet the minimum side and rear yard setbacks of at least four (4) feet. b. An attached accessory dwelling unit shall meet the same front setback as required for the primary residence. c. A new detached ADU may not be located closer to the front property line than the primary dwelling. d. A front setback must yield to the extent necessary to allow an accessory dwelling unit to be up to 800 square feet. 7. Required Parking. An accessory dwelling unit shall be provided with a minimum of one on-site parking space (covered or uncovered). The uncovered parking space shall be located on a paved surface, and may be provided in the setback areas or as tandem parking. For required parking space dimensions, please refer to Division 3. 124 9 When a garage, carport, or covered parking structure is demolished or converted in conjunction with the construction of an accessory dwelling unit, the required parking spaces shall be replaced as specified in Table 3-3. If code compliant replacement parking cannot be provided, the replacement parking spaces may be located in any configuration on the same lot as the accessory dwelling unit, including but not limited to, covered spaces, uncovered spaces, or tandem spaces or by the use of mechanical automobile parking lifts within an enclosed garage. 8. Fire Sprinklers. An accessory dwelling unit is required to have sprinklers if the primary dwelling is also required to have fire sprinklers. B. Permit Procedures for Accessory Dwelling Units and Junior Accessory Dwelling Units. If the accessory dwelling unit does not qualify for a Building Permit Only, the procedures specified in Subsection 9102.01.080.B.2, shall be followed. 1. Building Permit Only. An accessory dwelling unit or junior accessory dwelling unit is only subject to a building permit when it is proposed on a residential or mixed use zone and meets one of the following scenarios: A. Converted Accessory Dwelling Unit in with Single-Family Dwelling Zones: Only one : One accessory dwelling unit or as described in this subsection (B)(1)(A) and one junior accessory dwelling unit on a lot with a proposed or existing single family dwelling on it, where the accessory dwelling or junior accessory dwelling unit: 1. Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress. 2. Has exterior access that is independent of that for the single-family dwelling. 3. Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes. 4. The converted ADU shall not exceed 50% of the livable area of the primary residence. A converted JADU shall not exceed 50% of the livable area of the primary residence nor the maximum permitted size for a junior accessory dwelling unit. B. Detached Accessory Dwelling Unit in with Single-Family DwellingZones: One detached, new construction of an new-construction accessory dwelling unit on a lot with a proposed or existing single- family dwelling (in addition to any junior accessory dwelling unit that might otherwise be established on the lot under Subsection A), if the detached accessory dwelling unit satisfies the following limitations: 1. The side and rear yard setbacks are at least four (4) feet. 2. The total floor area is 800 square feet or less. 3. The structure peak height above grade does not exceed 16 feet in height and one-story the applicable height limit in subsection (e)(2) below. C. Converted Accessory Dwelling Unit on in Multifamily Dwellings Zones: Portions: One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, communal rooms, or garages, may be if each converted into an accessory dwelling unit if it ADU complies with the state building standards for dwellings. Up Under this paragraph, at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25 percent of the existing multifamily dwelling units on a lot may have a converted accessory dwelling unit, and at least one (1) converted accessory dwelling unit is allowed within an existing multifamily dwelling structure. 125 10 D.Detached Accessory Dwelling Unit in with Multifamily Dwellings Zones: No more than two detached accessory dwelling units may be located on a lot that has an existing or proposed multifamily dwelling. Each detached accessory dwelling unit must satisfy the following requirements: 1. The side and rear yard setbacks are at least four (4) feet. 2. The total floor area is 800 square feet or less, and shall not be larger in size than any existing multifamily unit peak height above grade does not exceed the applicable height limit in subsection (e)(2) below. 2. Accessory Dwelling Unit Permit Any construction that exceeds does not comply with each of the requirements listed abovelisted in Subsection 1 above (Building Permits Only) shall require a ministerial Zoning Clearance for an Accessory Dwelling Unit. pursuant to the provisions of Section 9107.27 (Zoning Clearance for Accessory Dwelling Units). 3. Process and Timing a. A Zoning Clearance for an Accessory Dwelling Unit compliant with the standards of this Section is considered and approved ministerially, without discretionary review or a hearing, unless the unit exceeds the code requirements (e.g. FAR) and is subject to an Administrative Modification. b. The City must act on an application within 60 days from the date the City receives a completed application, unless either: i. The Applicant requests for a delay, in which case the 60 day time period is tolled for the period of the requested delay, or ii. A If an accessory dwelling unit or junior accessory dwelling unit application is submitted with a permit application to create a new single-family dwelling on the lot, the City may delay acting on the permit application until the City acts on the application for the new single-family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit is still considered ministerially without discretionary review or a hearing. c. If the city denies an application for an accessory dwelling unit or junior accessory dwelling unit , the city shall, within the time period described above, return in writing a full set of comments to the Applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the Applicant. 1. Impact Fees. 1. Impact Fees. No impact fee is required for an accessory dwelling unit that is less than 750 square feet in size., except for school district impact fees, which may be required for accessory dwelling units greater than 500 square feet. 2. Any impact fee that is required for an accessory dwelling unit that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling, or the average square footage of the multifamily dwelling units within a multifamily dwelling structure (e.g. the floor area of the primary dwelling, divided by the floor area of the accessory dwelling unit, times the typical fee amount charged for a new dwelling). Impact fees does not include any connection fee or capacity charge for water or sewer service. 126 11 D. Utility Fees. 1. Converted accessory dwelling units and junior accessory dwelling units on a single-family lot that were approved by a building permit only are not required to have a new or separate utility connection directly between the accessory dwelling unit or junior accessory dwelling unit and the utility, nor is a construction fee or capacity charge required unless the accessory dwelling unit is constructed with a new single-family home. All accessory dwelling units, except as noted above, require a new, separate utility connection directly between the accessory dwelling unit and the utility. The Director or designee and the Building Official has the discretion to not require a separate connection for certain utilities depending on the circumstances. The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the accessory dwelling unit or junior accessory dwelling unit, based on either the floor area or the number of drainage-fixture (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system. The fee or charge may not exceed the reasonable cost of providing this service. 1. An ADU that is constructed with a new single-family dwelling is considered to be a new residential use and requires a direct connection for all utilities and payment of related connection fees and capacity charges. 2. Aside from D.1 above, the City does not require a direct utility-connection or related fee or charge for any ADU approved under this section. 3. An Applicant must consult any other local agency, special district, or water corporation that will provide utility services to the property to determine what direct-connection requirement, if any, the utility provider requires for the ADU. E. Owner Occupancy. a. All accessory dwelling units that were created before January 1, 2020 are subject to the owner-occupancy requirement that was in place when the accessory dwelling unit was created. 1. An accessory dwelling unit that is created after that date January 1, 2020, but before January 1, 2025, is not subject to any owner-occupancy requirement. 2. All Unless applicable law requires otherwise, all accessory dwelling units that are created on or after January 1, 2025, are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property in a lawful dwelling as the person’s legal domicile and permanent residence. 3. All junior accessory dwelling units are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or junior accessory dwelling unit, as the person’s legal domicile and permanent residence. However, the owner- occupancy requirement of this paragraph does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization. F. Nonconforming Accessory Dwelling Units and Discretionary Approval Any proposed accessory dwelling unit or junior accessory dwelling unit that does not conform to each of the objective design standards and/or exceeds the maximum size of 800 square feet for an accessory dwelling unit on a lot that already exceeds the maximum floor areain this section may be considered by the City with an Administrative Modification process in Section 9107.05. G. Objective Design Standards for Accessory Dwelling Units Architectural 1. The ADU must match the architectural style of the primary dwelling and provide matching architectural elements, such as: exterior colors, materials, surface treatments, windows, trims, and exterior doors. 127 12 The materials and colors of the exterior walls, roof, and windows and doors must match the appearance and architectural design of those of the primary dwelling. 2. The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof. 3. The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code. 4. The ADU must have an independent exterior entrance, apart from that of the primary dwelling. The ADU entrance must not be visible from the be located on the side or rear building façade, not facing a public- right-of-way. 5. For new detached ADUs, there must be indentations and or projections provided that are at least 8- inches in depth on at least two of the exterior walls to break-up flat wall planes. The interior wall height shall be at least seven feet tall. 6. All windows that are located 9-feet in height above the finished floor must be clerestory windows (no dormers), and must be frosted or obscure glass. 7. A new detached ADU may not be located closer to the front property line than the primary residence dwelling. 8. 7. The architectural treatment of an ADU to be constructed on a lot that has an identified historical resource listed on the federal, state, or local register of historic places must comply with all applicable ministerial requirements imposed by the Secretary of the Interior. An ADU that is on real property that is listed in the California Register of Historic Resources must be located so as to not be visible from any public right-of-way Landscape 9. 8. Landscaping must be provided to provide screening between the ADU and adjacent parcels around the detached ADU along the rear and side property lines and there shall be at least one 15-gallon size plant for every five linear feet of exterior wall and. Landscaping must be drought-tolerant or low water-using plants that utilize a variety multiple varieties of drought tolerant resistant grasses, turf substitutes, or ground covers that maintain a living and continuous planting area, and provide screening between the ADU and adjacent parcels. Desert landscape or rock garden designs are not allowed. 10. All landscaping utilized must be taken from the city’s approved planting materials listed in the City’s Single-Family Design Guidelines. Other 11. 9. The ADU and primary dwelling must use the same driveway to access the street, unless otherwise required for fire-apparatus access, as determined by the Fire Department. This requirement does not apply to state-exempt ADUs. 12. On corner lots, a separate walkway from the primary residence may be allowed to the detached ADU entrance and it must connect to the nearest public sidewalk or right-of-way. 13. 10. ADUs must have clear addressing visible from the street. Addresses must be at least 4 inches high and shall be shown on the curb next to the primary address number. 11. No mezzanines or partial floors, including a loft, shall be allowed. 128 13 EXHIBIT “B” Development Code, Division 5 - Subdivisions 129 14 Division 5 – Subdivisions The new language is shown in “red.” Strikethrough for any language to deleted. 9105.01.060 Advisory Agency A. Advisory Agency 1. The designated advisory agencies specified in this Subsection shall have the duty of making investigations and reports on the design and improvement of proposed applications for the division of real property and imposing requirements and conditions on these applications, and shall have the authority to act upon the applications as specified below. Table 5-1 Subdivision Review Authorities Role of Review Authority(1) Type of Decision Applicable Section or Subsection Director City Engineer Commission Council(2) Amendments to Approved Tentative Maps 9105.03.120 Decision Appeal Appeal Certificates of Compliance 9105.07.020 Decision Recommend Appeal Appeal Correction and Amendments to Recorded Maps 9105.03.070 Decision Appeal Decision/ Appeal Extensions of Time – Tentative Maps, in compliance with Section 9105.03.110 (Tentative Map Expiration and Extensions) 9105.03.110 Decision Recommend Appeal Appeal Final Parcel Maps, Without Dedications 9105.05 Recommen d Decision Appeal Appeal Final Parcel Maps, With Dedications 9105.05 Recommen d Recommend Decision Decision Final Tract Maps, Vesting Tract Maps 9105.03.100 Recommen d Recommend Decision Lot Line Adjustments 9105.07.030 Decision Recommend Appeal Appeal Lot Mergers 9105.07.040 Decision Recommend Appeal Appeal Modifications to Lot Area, Depth, and Width Requirements 9105.09.030 Decision Appeal Reversion to Acreage 9105.07.050 Recommend Decision Subdivision Improvement Plans 9105.09.060 Decision Appeal Appeal Tentative Tract Maps, Vesting Tentative Maps 9105.03 Recommen d Decision Appeal Tentative Parcel Maps, Vesting Tentative Parcel Maps 9105.03 Recommen d Decision Appeal Tentative Parcel Maps, With Dedications 9105.05 Recommen d Decision Appeal Waiver of Parcel Maps 9105.05.020 Decision Appeal Appeal Notes: 130 15 2. Any advisory agency shall have the authority to refer an application to the Commission or Council for action, as indicated in Table 5-1 (Subdivision Review Authorities), below. 3. Notwithstanding the provisions of this Subsection, any application filed in compliance with this Section that has an associated permit application made in compliance with the provisions of this Development Code, and is subject to action by the Commission or Council, shall be subject to those same review and hearing requirements required for the associated permit application, in compliance with Table 7-1 (Review Authority), located within Division 7 (Permit Processing Procedures). B. Appeal Authorities 1. The Commission shall be the review authority for any appeal of a decision of the City Engineer or Director, except when dealing with any maps containing dedications. 2. The Council shall be the review authority for any appeal of a decision of the Commission. C. City Engineer. The City Engineer shall be responsible for all of the following: 1. Establishing subdivision and public improvement design and construction details, standards, and specifications. 2. Determining whether proposed subdivision improvements comply with the provisions of this Division and the Act. 3. Inspecting and approving subdivision improvements. 4. Review authority on amendments to recorded maps, extensions of time on tentative maps, final parcel maps with and without dedications, lot mergers, subdivision improvement plans, and waiver of parcel maps. 5. Providing assistance to the Director on the review of amendments to approved tentative maps, certificates of compliance, lot line adjustments, lot mergers, and tentative parcel maps without dedications. D. Director. The Director shall be responsible for all of the following: 1. Accepting certificate of compliance, lot line adjustment, parcel map, reversion to acreage, tentative map, vesting tentative map, and similar applications for processing; and distributing the application materials to appropriate agencies and City departments for review. 2. Investigating tentative map applications for conformity to the General Plan, applicable specific plans, and this Development Code, and in consultation with other City departments, recommending action to the Commission. Table 5-1 Subdivision Review Authorities Role of Review Authority(1) Type of Decision Applicable Section or Subsection Director City Engineer Commission Council(2) (1)"Decision" means that the review authority makes the final decision on the matter; "Appeal" means that the review authority may consider and decide upon appeals to the decision of an earlier decision-making body, in compliance with Section 9108.07 (Appeals); "Recommend" means that the review authority makes a recommendation to a higher decision-making review authority. (2) Decisions of the Council may not be appealed. 131 16 3. Conducting environmental analyses related to proposed applications in compliance with the California Environmental Quality Act (CEQA) specified in Public Resources Code Section 21000 et seq. 4. Certifying amended maps, final maps, and reversion to acreage maps for substantial compliance with approved tentative maps. 5. Review authority on amendments to approved tentative maps, certificates of compliance, lot line adjustments, lot mergers, and tentative parcel maps without dedications. E. Commission. The Commission shall be responsible for all of the following: 1. Taking action to recommend approval, conditional approval, or denial of condominiums/conversions, tentative tract map applications, and reversion to acreage maps to the Council. 2. Hearing appeals of decisions of the City Engineer and Director. 3. Reviewing and taking action to approve, conditionally approve, or deny commercial condominium and residential condominium conversion applications. F. Council. The Council shall be responsible for all of the following: 1. Accepting offers of dedication and improvements for divisions of land resulting in five or more lots. 2. Review authority on amendments to recorded maps, condominiums/conversions, tentative and final parcel maps with dedications, tentative and final tract maps, and reversions to acreage maps. 3. Taking action to approve, conditionally approve, or deny any application referred by another review authority or by appeal, or any land division application with an associated permit application filed in compliance with the requirements of this Development Code. 9105.05.50 Final Tract or Parcel Map Approval and Recordation After determining that the map is in compliance with Subsection 9105.05.030 (Final Map and Parcel Map Form and Content), above, and is technically correct, the City Engineer shall execute the City Engineer's certificate on the map in compliance with Government Code Section 66442, and forward the map to the City Clerk for Council action in the following manner. G. Applicable Review Authority. The applicable review authority is specified in Table 5-1 (Subdivision Review Authorities). H. Review and Approval by the Review Authority 1. Timing of Review Authority’s Review. The review authority shall approve or deny the map after it receives the map from the City Engineer or, in the case of the Council, at its regular meeting after the meeting at which it receives the map, unless that time limit is extended with the mutual consent of the Director and the subdivider. 2. Criteria for Approval a. The review authority shall approve the map if it conforms to all of the requirements of the Act, all provisions of this Development Code that were applicable at the time that the tentative map was approved, and is in substantial compliance with the approved tentative map and all conditions of approval. 132 17 b. If the map does not conform, the review authority shall not approve the map. c. Where a map does not include any offers for dedication or improvement, the Director shall review the map(s) and shall approve each map if the map conforms to the applicable requirements of the Act and this Section. If the map(s) does not conform, it shall not be approved. 3.Applicable Ordinances, Policies, and Standards. In determining whether to approve or deny a map, the review authority shall apply only those ordinances, policies, and standards in effect on the date the proposal for the subdivision was accepted as complete, in compliance with Government Code Section 66474.2. 4. Action Not to Approve a Final Tract or Parcel Map a. If a map is not approved due to its failure to meet any of the requirements imposed by the Act or this Section, the denial shall be accompanied by findings identifying the requirements which have not been met or performed. b. Approval of a map shall not be withheld when the failure of the map to comply is the result of a technical and inadvertent error which, in the determination of the Council or, in the case of a map not involving any offers of dedication or improvement four or fewer parcels, the Director, does not materially affect the validity of the map. I. Map with Dedications 1. If a dedication or offer of dedication is required on the map, the Council or City Engineer shall accept, accept subject to improvement, or reject, on behalf of the public, of any real property offered for dedication to the public in compliance with the terms of the offer of dedication, at the same time as it takes action to approve the map. 2. If the Council or City Engineer rejects the offer of dedication, the offer shall remain open and may be accepted by the Council or City Engineer at a later date in compliance with Government Code Section 66477.2. 3. Any termination of an offer of dedication shall be processed in compliance with Government Code Section 66477.2 using the same procedures as specified by Streets and Highway Code Part 3 of Division 9. J.Map with Incomplete Improvements. If improvements required by this Development Code, conditions of approval, or other applicable laws have not been completed at the time of approval of the map, the review authority shall require the subdivider to enter into an agreement with the City as specified in Government Code Section 66462, and Subsection 9105.09.070 (Improvement Agreement Required), as a condition precedent to the approval of the map. K. Recording of Final Tract and Parcel Maps 1. After action by the review authority to approve the map, and after the required signatures and seals have been affixed, together with the filing fee(s) in compliance with the Fee Schedule, the City Clerk shall transmit the map back to the City Engineer. 2. The City Engineer shall establish an appointment with the County Recorder for filing. 3. The County Recorder shall oversee the recording of the map. 9105.09.070 Improvement Agreement Required 133 18 If all required improvements, engineering, and inspections are not satisfactorily completed before a parcel or final map is approved, the subdivider shall, before the approval of the parcel or final map, enter into an improvement agreement with the City where in consideration of the acceptance by the Council or City Engineer of the streets, easements, and any other land offered for dedication, the subdivider and the subdivider's contractor agrees to furnish the equipment, labor, and material necessary to complete the work within the time specified in the agreement in compliance with Government Code Section 66499.3. 9105.11.20 Dedications D.Acceptance of Dedications 1. Council Action and Certification a. At the time the Council or City Engineer approves a final map, it shall also accept, subject to improvement, or reject any offer of dedication. b. The City Clerk shall certify on the map the action of the Council. 2. Deferred Acceptance a. If at the time the final map is approved, any streets, alleys, paths, public utility easements, rights-of-way for local transit facilities including benches, bus turnouts, landing pads, shelters, and similar items that directly benefit the residents of a subdivision, or storm drainage easements are rejected subject to Code of Civil Procedure Section 771.010, the offer of dedication shall remain open and the Council or City Engineer may by resolution at any later date, and without further action by the subdivider, rescind its action and accept and open the streets, alleys, paths, rights-of-way for local transit facilities including benches, bus turnouts, landing pads, shelters, and similar items that directly benefit the residents of a subdivision, or storm drainage easements for public use, in compliance with Subparagraph B. 2. (Future Dedication), above. b. The acceptance shall be recorded in the office of the County Recorder. 134 19 EXHIBIT “C” Arcadia Municipal Code, Chapter 6 – Noise Regulations 135 20 Chapter 6 – Noise Regulations The new language is shown in “red.” Strikethrough for any language to deleted. 4630.2. Noise. Gardening And Landscaping. No person shall operate any mechanical equipment related to the gardening and/or landscaping of any property within a residential zone other than from seven (7) a.m. to seven (7) p.m., Monday through Saturday, and from nine (9) a.m. twelve (12) p.m. to five (5) p.m. on Sundays within all residential zones; provided, however, that use of mechanical equipment for tree trimming on Sundays shall be prohibited. (Added by Ord. 2246 adopted 10-7-08) 136 21 EXHIBIT “D” Municipal Code, Chapter 4 – Property Maintenance and Nuisance Abatement for Non-Operating Properties in Non- Residential Zones 137 22 Chapter 4 – Property Maintenance and Nuisance Abatement Code The new language is shown in “red.” Strikethrough for any language to deleted. 9407. Registration Of Non-Operating Properties. 9407.1 Purpose. It is the purpose and intent of the City of Arcadia, through the establishment of a non-operating property registration program to protect commercial or industrial areas from becoming blighted by a lack of adequate maintenance and/or security of properties and to prevent these properties from becoming a further liability to the surrounding area and community. The purpose and intent of such program is to require property owners of non- operating properties to address the lack of adequate maintenance and security of their properties. 9407.2 Definitions. For the purposes of this Division, the following definitions shall apply: A. “Non-operating property” means a building, structure, or lot intended for commercial or industrial uses but which is not currently operating any commercial or industrial operations. “Non-operating property” includes but is not limited to vacant properties, properties under development or redevelopment, properties in construction, and properties that have completed construction and are awaiting occupancy. “Non-operating property” does not include residential property other than vacant property that is intended or zoned for mixed uses. 9407.3 Registration. A. The owners of non-operating property shall register the property with the City. Registration shall be completed either voluntarily by the property owner or within thirty (30) days of service of an order to register. The Director, Building Official, or their respective designee may issue an order to register. Owners shall not be liable for failure to register unless the owner has been ordered to register in accordance with this section. The Director may waive the registration requirement for any property that is adequately secured and maintained, does not contain nuisance or substandard conditions, and does not contain conditions making it an accessible or attractive nuisance to trespassers. B. The registration shall identify the name and contact information for the property owner(s) and two authorized contacts for the property. At least one contact shall be identified as a twenty-four (24) hour contact phone number for a person or company who is authorized to act on behalf of the owner. The 24- hour contact must be local and must be able to respond to problems related to the property within one hour of receiving telephone notice. EXCEPTION: If the owner provides the name of a bona fide property management company that is actively engaged in managing properties, that is available twenty-four hours a day to respond to calls and that has an office located within 20 miles of the property then the owner will not need to provide information for any additional contacts. C. In completing the registration, the property owner shall acknowledge that: (1) the property owner shall be strictly liable for any failure to maintain the property or to respond within a timely manner regarding problems at the property, and (2) the City may enter the property to summarily abate any substandard or nuisance condition. D. The property owner shall pay an annual fee to the City in an amount set by the City Council for the City’s costs of administering the registration program. The fee shall be due together with the registration. 138 23 E. The property owner and any other party responsible for the non-operating property shall be liable for the City's costs related to non-operating property, including but not limited to costs to respond to trespass and nuisance conditions, abatement and enforcement. Costs shall be recoverable pursuant to Section 9405. Unless prohibited by state law, the City may withhold issuance of business licenses, building permits, certificates of occupancy, and other permits, licenses, or entitlements until the property owner makes payment of all outstanding City costs. 9407.4 Violations A. It shall be unlawful and a violation of this Code for a property owner to fail to register a non-operating property, which shall be treated as a strict liability offense regardless of intent. 1. An owner's failure to register a non-operating property shall be deemed an infraction and shall be punishable pursuant to Section 1200(b) of the Arcadia Municipal Code. 2. An owner's failure to register a non-operating property shall be subject to administrative fines pursuant to Chapter 4A of Article I of the Arcadia Municipal Code. 3. Each day that a non-operating property remains unregistered shall be a separate offense. 4. The owner shall only be liable for a violation under this subsection if the City first gave an order to the owner to register. B. It shall be unlawful and a violation of this Code for an owner to fail to respond, either personally or through an authorized agent, to any contact from the City within 48 hours, or within one (1) hour if the contact relates to an immediate public health and safety concern, which shall be treated as a strict liability offense regardless of intent. 1. If the owner or authorized contact person cannot be timely reached, does not timely respond, or does not abate any substandard conditions, it shall be grounds for the City to proceed with summary abatement and recover its costs pursuant to Sections 9404 and 9405 of the Arcadia Municipal Code. 2. If an authorized contact person cannot be reached, the owner shall be liable for an infraction, which shall be punishable pursuant to Section 1200(b) of the Arcadia Municipal Code. 3. If an authorized contact person cannot be reached, the owner shall be subject to an administrative fine pursuant to Chapter 4A of Article I of the Arcadia Municipal Code. 9407.5 Maintenance Standards A. Nonresidential properties shall not be substandard as defined in Section 9402.6. Substandard. B. Failure to adhere to the maintenance standards for nonresidential properties shall be a public nuisance, subject to abatement or summary abatement in accordance with this Code. 139 24 140 Attachment No. 2 Attachment No. 2 Preliminary Exemption Assessment 141 Preliminary Exemption Assessment FORM “A” PRELIMINARY EXEMPTION ASSESSMENT 1.Name or description of project:Text Amendment No. 22-03 To Adopt Ordinance No. 2396 Amending Various Sections Of Article IX, Chapter 1 (Development Code) Of The Arcadia Municipal Code Pertaining To Accessory Dwelling Units And Final Parcel Maps With Dedications, And Amending Article Iv Of The Arcadia Municipal Code, Chapter 6 (Noise Regulation) The Allowable Hours For Gardening, And Landscaping, And Chapter 4 (Property Maintenance And Nuisance Abatement Code) To Establish Requirements And Regulations For Non- Operating Properties In Non-Residential Zones 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): City of Arcadia - Citywide 3.Entity or person undertaking project: A City of Arcadia – Development Services Department B Other (Private) (1)Name (2)Address 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: f.The project is statutorily exempt. Applicable Exemption: g.The project is otherwise exempt on the following basis: The proposed update to the ADU Ordinance, Final Parcel Map with Dedications, and update to the Arcadia Municipal Code regarding Noise and Nuisance Nonresidential Properties are exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that they would not have a significant effect on the environment and, thus, are not subject to CEQA review. 142 Preliminary Exemption Assessment FORM “A” h.The project involves another public agency which constitutes the Lead Agency. Name of Lead Agency: Date: February 6, 2023 Staff: Alison MacCarley, Assistant Planner 143 ARCADIA PLANNING COMMISSION REGULAR MEETING MINUTES TUESDAY, January 10, 2023 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 Thompson called the meeting to order at 7:00 p.m. ROLL CALL PRESENT: Chair Thompson, Vice Chair Tsoi, Hui, and Wilander ABSENT: Tallerico It was moved by Commissioner Wilander, seconded by Commissioner Hui to excuse Commissioner Tallerico from the meeting. Without objection, the motion was approved. SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS There was no supplemental information. PUBLIC COMMENTS (5 minute time limit per person) There were none. PUBLIC HEARING 1. Resolution No. 2110 – Approving Conditional Use Permit No. CUP 22-16 to allow the operation of an after-school coding school with up to 15 students at 24 E. Duarte Road CEQA: Exempt Recommendation: Adopt Applicant: Brilliant Education Incorporated MOTION- PUBLIC HEARING Chair Thompson introduced the item and Assistant Planner Alison MacCarley presented the staff report. Commissioner Wilander asked if classroom no. 2 will be enclosed and if there is a window or door that allows viewing from the outside. Ms. MacCarley verified there is a door but no window. Deputy Development Services Director, Lisa Flores, said a classroom or education facilities usually have a picture window or door window for each room for safety reasons. Because there is no proposed window for classroom no. 2, a condition can be added. Chair Thompson opened the public hearing. Johnson Lee the Co-Director of Brilliant Education Inc. introduced himself and spoke on behalf of Stacy Feng, the Director of Brilliant Education Incorporated. Mr. Lee provided some background 144 2 1/10/23 about his current education center in Temple City and the school districts it serves with its various classes. Chair Thompson asked the speaker how long his education center been in business in Temple City. Mr. Lee said it has been in business since 2019. Chair Thompson asked if there were any other speakers in favor of the proposal. No one else spoke in favor or in opposition of the project. It was moved by Commissioner Tsoi, seconded by Commissioner Wilander, to close the public hearing. Without objection, the motion was approved. DISCUSSION Commissioner Wilander was supportive of the project. Commissioner Tsoi agreed and added that this is close to the high school and there are plenty of parking. Commissioner Hui said it is good use of the space. She asked about the previous business “Little Stanford” and if it was the business in 24 E. Duarte. Ms. McCarley confirmed that “Little Stanford” was the previous business in this location and has since closed. Chair Thompson was in favor of approval and believes the proposed use is consistent with the General Plan subject to a Conditional Use Permit, the site is physically suitable to accommodate the proposed coding school, and the location is convenient to local schools. City Attorney Michael Mauer read the new condition into the record that the classrooms shall be constructed with windows or other openings that allows for observation outside of the classroom. MOTION It was moved by Commissioner Wilander, seconded by Commissioner Hui to approve Conditional Use Permit No. CUP 22-16, the proposal satisfies the requisite findings and to adopt Resolution No. 2110 that incorporates the requisite environmental and conditional use findings and the amended conditions of approval. ROLL CALL AYES: Chair Thompson, Vice Chair Tsoi, Hui, Wilander NOES: None ABSENT: Tallerico There is a 10 day appeal period after the adoption of the Resolution. Appeals are to be filed by 4:30 p.m. on Friday, January 20, 2023. 145 3 1/10/23 2. Resolution No. 2113 – Approving Conditional Use Permit No. CUP 22-13 to allow an indoor virtual golf simulator facility with a bar serving beer and wine for onsite consumption at 288 N. Santa Anita Avenue, Suites 2 & 3 Recommendation: Adopt CEQA: Determine to be Exempt Applicant: Bobby Luo MOTION- PUBLIC HEARING Chair Thompson introduced the item and Planning Services Manager Fiona Graham presented the staff report. Vice Chair Tsoi asked if the Applicant is using two units and asked what the door entries situation will be given there are multiple access points into the facility. Ms. Graham described which doors will be closed and locked and which doors will remain open. Chair Thompson asked about the parking and whether there will be paid parking. Ms. Graham and Commissioner Hui described what the parking is like on-site and no paid parking is proposed or exist within this building. Chair Thompson opened the public hearing. There was no one to speak in favor or opposition of the proposal. The Commissioners had additional questions for the Applicant. Vice Chair Tsoi and Chair Thompson asked about the pricing. Mr. Luo explained it will be per bay, per hour. Commissioner Hui asked Mr. Luo why he chose this location for his business and if it had anything to do with the proximity to the golf course. Mr. Luo explained he chose this building because it is a nice building, the location, and the proximity to the Santa Anita golf course. Commissioner Hui asked about his experience with golf simulators. Mr. Luo explained he has used golf simulators as a golf player to improve his skills. It was moved by Vice Chair Tsoi, seconded by Commissioner Hui, to close the public hearing. Without objection, the motion was approved. DISCUSSION 146 4 1/10/23 Vice Chair Tsoi said the golf simulator is a good use of the space and was in favor of the proposal. Commissioner Hui was also in favor of the proposal and agreed with Vice Chair Tsoi. Ms. Hui added it is conveniently located near public transportation but there is also ample parking. Commissioner Wilander was in favor of the proposal. Chair Thompson agreed and was in favor of the proposal. MOTION It was motioned by Commissioner Wilander and seconded by Vice Chair Tsoi to recommend approving the Conditional Use Permit No. CUP 22-13 because the proposal satisfies the requisite findings adopting Resolution No. 2113 that incorporates the requisite environmental and Conditional Use Permit findings and the conditions of approval. ROLL CALL AYES: Chair Thompson, Vice Chair Tsoi, Hui, Wilander NOES: None ABSENT: Tallerico Motion was approved. There is a 10 day appeal period after the adoption of the Resolution. Appeals are to be filed by 4:30 p.m. on Friday, January 20, 2023. CONSENT CALENDAR 1. Minutes of the December 13, 2022, Regular Meeting of the Planning Commission Recommendation: Approve Vice Chair Tsoi motioned to approve the minutes and seconded by Commissioner Wilander. ROLL CALL AYES: Chair Thompson, Vice Chair Tsoi, Hui, Wilander NOES: None ABSENT: Tallerico The Motion was approved. MATTERS FROM CITY COUNCIL LIAISON 147 5 1/10/23 Dr. Cao was introduced as the new City Council Liaison for the Planning Commission. Dr. Cao shared District 2 is represented by Sharon Kwan, District 3 is represented by Eileen Wang, and he represents District 5. The Friday, January 13th the Martin Luther King Jr. lunch at the community center has been cancelled. Tuesday, January 24th will be the Los Angeles County Homeless count and he will be assisting in that event. Police Chief Nakamura has announced Captain Lachenmyer has been promoted to Captain. Lieutenant Cieadlo, Juarez, Bonomo have replaced former Lieutenants. MATTERS FROM THE PLANNING COMMISSONERS The Commissioners had nothing to report. MATTERS FROM ASSISTANT CITY ATTORNEY City Attorney Mike Mauer reported that voters approved a new Charter Agreement for the City. MATTERS FROM STAFF INCLUDING UPCOMING AGENDA ITEMS Ms. Flores reported that we might have four possible items at the February Planning Commission meeting. The items include a Text Amendment, a Starbucks with a drive-thru, a multi-family project for three units, and a Conditional Use Permit for a tutoring center. There are no items for the January 24th meeting. ADJOURNMENT The Planning Commission adjourned the meeting at 7:39 p.m., to Tuesday, January 24, 2023, at 7:00 p.m. in the City Council Chamber. Brad Thompson Chair, Planning Commission ATTEST: Lisa Flores Secretary, Planning Commission 148