HomeMy WebLinkAbout2-28-2023 Agenda PacketCITY OF ARCADIA
Arcadia Planning Commission
Regular Meeting Agenda
Tuesday, February 28, 2023, 6:00 p.m.
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CALL TO ORDER
ROLL CALL
Brad Thompson, Chair
Vincent Tsoi, Vice Chair
Angela Hui, Commissioner
Domenico Tallerico, Commissioner
Marilynne Wilander, Commissioner
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.
STUDY SESSION City Council Chambers Conference Room
a. City Attorney Brown Act
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Regular Meeting
City Council Chambers, 7:00 p.m.
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 HEARING
All interested persons are invited to appear at a public hearing and to provide evidence or testimony
concerning any of the proposed items set forth below for consideration. Separate and apart from
the applicant (who may speak longer in the discretion of the Commission) speakers shall be limited
to five (5) minutes per person. The applicant may additionally submit rebuttal comments, at the
discretion of the Commission.
You are hereby advised that should you desire to legally challenge in court or in an administrative
proceeding any action taken by the City Council regarding any public hearing item, you may be
limited to raising only those issues and objections you or someone else raised at the public hearing
or in written correspondence delivered to the City Council at, or prior to, the public hearing.
1. Resolution No. 2116 Approving a four-unit, Spanish-style multi-family residential
condominium development and Tentative Parcel Map Subdivision at 903-905 Sunset
Boulevard
CEQA: Exempt
Recommendation: Adopt
Applicant: Eric Tsang
There is a ten day appeal period. Appeals are to be filed by 5:30 p.m. on Monday, March 13,
2023.
2. Resolution No. 2119 Approving a Starbucks Café with a drive-through and extended hours
of operation from 4:00 AM to 10:00 PM, everyday, outdoor seating, and a parking
modification to allow 37 parking spaces instead of 53 spaces at 747 West Duarte Road
CEQA: Exempt
Recommendation: Adopt
Applicant: Kaidence Group
There is a ten day appeal period. Appeals are to be filed by 5:30 p.m. on Monday, March 13,
2023
3. Resolution No. 2120 Approving a -
-
Hotel at 123 W. Huntington Drive
CEQA: No Additional CEQA Analysis is Required
Recommendation: Adopt
Applicant: Kevin Sund of AXIS GFA
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There is a ten day appeal period. Appeals are to be filed by 5:30 p.m. on Monday, March 13,
2023
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 February 14, 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, March 14, 2023, at 7:00 p.m.
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Welcome to the Arcadia Planning Commission Meeting!
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business.
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backup information is available at City Hall, the Arcadia Publ
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Arcadia, California.
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MATTERS NOT ON THE AGENDA
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AGENDA ITEMS: The Agenda contains the regular order of business of the Planning Commission. Items on
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(Arcadia Public Library) (www.ArcadiaCA.gov)
(Planning@ArcadiaCA.gov)
(City Hall, 240 W. Huntington Drive, Arcadia,
California)
(5)
(5)
403
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DATE:February 28, 2023
TO:Honorable Chairman and Planning Commission
FROM: Lisa L. Flores, Deputy Development Services Director
Prepared By: Edwin Arreola, Associate Planner
SUBJECT: RESOLUTION NO. 2116 - APPROVING A FOUR-UNIT, SPANISH-STYLE
MULTI-FAMILY RESIDENTIAL CONDOMINIUM DEVELOPMENT AND A
TENTATIVE PARCEL MAP SUBDIVISION AT 903-905 SUNSET
BOULEVARD
CEQA: Exempt
Recommendation: Adopt
SUMMARY
The Applicant, Eric Tsang, on behalf of the property owner, MK Investment Holdings LLC, is
requesting approval of Multiple Family Architectural Design Review No. MFADR 22-04 and
Tentative Parcel Map No. TPM 22-04 (84040), for a four-unit, three-story, Spanish-style multi-
family residential condominium development and a tentative parcel map subdivision at 903-
905 Sunset Boulevard. 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 2116 (refer to Attachment No. 1), approving MFADR 22-04 and TPM 22-04
(84040) subject to the conditions listed in this staff report.
BACKGROUND
The subject property is an 8,840 square foot interior lot, located on the west side of Sunset
Boulevard, between Okoboji Drive and Fairview Avenue. 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 currently improved with two, single-story,
residential structures. The front unit was built in 1945 (903 Sunset Boulevard) and the rear
unit was built in 1960 (905 Sunset Boulevard) – refer to Attachment No. 2 for an Aerial
photo with Zoning Information and Photos of the Subject Property and Figure 1.
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Resolution No. 2116 - MFADR 22-04 and TPM 22-04 (84040)
903-905 Sunset Boulevard
February 28, 2023 – Page 2 of 13
A Certificate of Demolition (COD) for the subject property was approved on December 20,
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 residence is not a good example of any particular architectural
style and is not representative of or associated with any important historical events or
people. The structures have not yet been demolished due to the City’s replacement policy
for residential projects, which requires approval of a new project prior to demolition of the
structures on site.
PROPOSAL
The applicant is requesting approval to demolish existing structures on the property to
construct a new four-unit, three-story, multi-family residential condominium development
with at-grade garage 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. Although there is no dominant architectural style in the area,
the design would be compatible with the existing multi-family developments in the
neighborhood, as it incorporates elements seen on nearby homes such as neutral toned
stucco, s-tile roofing, and brick veneer (see Figure 2).
Figure 1 – Existing Residence
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Resolution No. 2116 - MFADR 22-04 and TPM 22-04 (84040)
903-905 Sunset Boulevard
February 28, 2023 – Page 3 of 13
Units A and D will consist of 1,692 square feet in floor area and contain three (3) bedrooms.
Units B and C will consist of 1,868 square feet in floor area and contain four (4) bedrooms.
Each of the units will have pedestrian access off of Sunset Boulevard through a walkway
on the south side of the property.
Each of the units will have a 20’ x 20’ two-car garage that will be accessed from the shared
driveway on the north side of the property. Each of the garages will have more than the
required 25’-0” backout space required for access. The site will also comply with the
minimum guest parking spaces of two (2) parking spaces, and a bike rack for 2 spaces will
be located on the south side of the property.
Figure 3 – Site Plan
Figure 2 – 903-905 Sunset Blvd. Rendering
N
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Resolution No. 2116 - MFADR 22-04 and TPM 22-04 (84040)
903-905 Sunset Boulevard
February 28, 2023 – Page 4 of 13
The proposed development will have an overall building height of 32’-11”, which is below
the maximum height limit of 33’-0” for a building with a pitched roof. The development
complies with all the minimum setback requirements. Additionally, the Project will provide
the minimum required open space through shared common open space area at the rear of
the property. All existing landscaping on site will be removed to allow for the project. None
of the existing trees are protected under the City’s Protected Tree Ordinance. .
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 four (4) units and a maximum of six (6) 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 complies with the development
standards of the R-3 zone, including, but not limited to setbacks, height, and open space.
Also, the proposed project complies with the minimum parking requirements for each of
the units, guest parking, and bicycles spaces. Therefore, the proposed development
complies with the parking requirements of the R-3 zone.
Concurrent with the subdivision application, the Planning Commission must approve,
conditionally approve, or deny the architectural design of the proposed project. The project
is designed in a Spanish architectural style – refer to Attachment No. 4 and Figure 4. The
exterior walls of the building are proposed to be finished with an off-white stucco and brick
veneer which will be used to accent some exterior walls. The roof would consist of concrete
“S” tile brown colored roofing tiles and brown moldings along the eaves. Additional
architectural features include decorative window trim, wooden doors, window shutters,
canvas window awnings, and wooden casement windows. The proposed Spanish style
development would be compatible to other existing multi-family developments along
Sunset Boulevard and in the vicinity despite there being no dominant architectural style in
the area, as the elements incorporated in this design, such as the neutral tone stucco, tile
roofing, and brick veneer helps the project blend in with developments in the vicinity that
have similar features. The project will also provide adequate landscaping throughout the
property to enhance the design.
FRONT AND REAR
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Resolution No. 2116 - MFADR 22-04 and TPM 22-04 (84040)
903-905 Sunset Boulevard
February 28, 2023 – Page 5 of 13
The massing and scale of this project would be compatible with the other multi-family
developments found in the surrounding multi-family neighborhood. The height of the new
development will not be out of character with the existing developments on Sunset
Boulevard and other multi-family developments with similar lot sizes in the vicinity. Despite
there not being any three-story developments within close proximity to the subject site,
many of the existing multi-family developments within the vicinity are either two-story
developments with building heights of around 30’-0”, or two-story developments that has
semi-subterranean parking. Additionally, an 11’-6” wide driveway and additional 3’-0” wide
landscape area would provide a buffer between the subject property and the single-story
homes to the north. The 3’-0” wide landscape buffers will include tall hedges to provide
screening to all the abutting properties. Therefore, the proposed development and
subdivision of condominiums would be consistent with the City’s General Plan, Multiple-
Family Residential Design Guidelines, the Development Code, the State Subdivision Map
Act, and would 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 22-04 (84040). The proposed subdivision complies with the
subdivision regulations of the Arcadia Municipal Code and the Subdivision Map Act and
would 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.
Figure 4 - Elevations
SIDES
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Resolution No. 2116 - MFADR 22-04 and TPM 22-04 (84040)
903-905 Sunset Boulevard
February 28, 2023 – Page 6 of 13
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 would not adversely affect the comprehensive
General Plan and is consistent with the following General Plan goals and policies:
Land Use and Community Design Element
Policy LU-1.1: Promote new infill and redevelopment projects that are
consistent with the City’s land use and compatible with surrounding existing
uses.
Policy LU-4.1: Require that new multi-family residential development be
visually and functionally integrated and consistent in scale, mass, and
character with structures in the surrounding neighborhood.
Policy LU-4.2: Encourage residential development that enhances the visual
character, quality, and uniqueness of the City’s neighborhoods and districts.
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 8,840 square feet, a
minimum of four (4) units and a maximum of six (6) 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 an infill site within an urbanized area
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Resolution No. 2116 - MFADR 22-04 and TPM 22-04 (84040)
903-905 Sunset Boulevard
February 28, 2023 – Page 7 of 13
and does not serve as a habitat for endangered or rare species. The project would
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 (4) units for condominium purposes. The construction would be in
compliance with all applicable Building and Fire Codes to ensure public health and
safety. The proposed density would be below the maximum allowed by the R-3 Zone
and the City’s existing infrastructure would adequately serve the new development.
Therefore, the development would not cause any public health or safety problems.
E. The design of the subdivision or the type of improvements will not conflict
with easements acquired by the public at large for access through or use of,
property within the proposed subdivision (This finding shall apply only to
easements of record or to easements established by judgement of a court of
competent jurisdiction and no authority is hereby granted to a legislative body
to determine that the public at large has acquired easements for access
through or use of property within the proposed subdivision).
Facts in Support of the Finding: The proposed design of the subdivision does not
conflict with easements acquired by the public at large for access through or use of,
property within the proposed subdivision. There are no known easements on the
subject property.
F. The discharge of sewage from the proposed subdivision into the community
sewer system would 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 would adequately serve the new
development, and the requirements of the California Regional Water Quality Control
Board would 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 would comply with the regulations in the City’s Development
Code.
Architectural Design Review
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Resolution No. 2116 - MFADR 22-04 and TPM 22-04 (84040)
903-905 Sunset Boulevard
February 28, 2023 – Page 8 of 13
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 design, massing, and
scale. The proposed Spanish style architectural design would be compatible with other
existing multi-family developments along Sunset Boulevard as the neighborhood is eclectic
with no dominant architectural style. The architectural elements incorporated in this design,
such as neutral toned stucco, tile roofing, and brick veneer, are consistent with
developments in the vicinity that have similar features. Additionally, the massing and scale
of the new development will not be out of character with developments in the vicinity as
many of the existing multi-family developments, despite being two-stories, are 30’-0” in
height or slightly lower. The proposed buildings have articulation on all facades, providing
visual interest and reducing massing. The proposed design is therefore consistent with the
City’s Multifamily Residential Design Guidelines.
All City requirements regarding disabled access and facilities, occupancy limits, building
safety, health code compliance, emergency equipment, environmental regulation
compliance, and parking and site design shall be complied with by the property
owner/applicant to the satisfaction of the Building Official, City Engineer, Planning &
Community Development Administrator, Fire Marshal, and Public Works Services Director,
or their respective designees.
ENVIRONMENTAL ASSESSMENT
It has been determined that the project site is less than five (5) acres; the project site has
no value as a habitat for endangered, rare or threatened species; the proposed project
would not have any significant effects upon the environment, and the site can be
adequately served by all the required utilities and public services. Therefore, the project is
exempt under Class 32 (In-Fill Development Projects) pursuant to Section 15332 of the
State California Environmental Quality Act (CEQA) Guidelines. Refer to Attachment No. 5
for the Preliminary Exemption Assessment.
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 16, 2023. As
of February 23, 2023, staff has not received any comments from the public.
RECOMMENDATION
It is recommended that the Planning Commission approve Multiple Family Architectural
Design Review No. MFADR 22-04 and Tentative Parcel Map No. TPM 22-04 (84040),
subject to the following conditions, find that the project is Categorically Exempt from the
California Environmental Quality Act (CEQA), and adopt Resolution No. 2116, subject to
the following conditions of approval:
1. The project shall be developed and maintained by the Applicant/Property Owner in a
manner that is consistent with the plans submitted and conditionally approved for
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Resolution No. 2116 - MFADR 22-04 and TPM 22-04 (84040)
903-905 Sunset Boulevard
February 28, 2023 – Page 9 of 13
MFADR 22-04 and TPM 22-04 (84040), subject to the approval of the Deputy
Development Services Director, or designee.
2. Any required mechanical equipment, such as backflow devices, visible from the public
right-of-way shall be screened from public view. Screening may include landscaping,
solid walls or other methods deemed appropriate for the development. The placement
and height of said screening shall subject to review and approval by the Deputy
Development Services Director, or designee.
3. The project shall comply with the latest adopted edition of the following codes as
applicable:
a. California Building Code
b. California Electrical Code
c. California Mechanical Code
d. California Plumbing Code
e. California Energy Code
f. California Fire Code
g. California Green Building Standards Code
h. California Existing Building Code
i. Arcadia Municipal Code
4. The project shall comply with Chapter 35A Multiple Family Construction Standards as
amended in the Arcadia Municipal Code Section 8130.20.
5. All utility conductors, cables, conduits and wiring supplying electrical, cable and
telephone service to a multiple family building shall be installed underground except
risers which are adjacent to and attached to a building.
6. The grading plans shall indicate all on- and off-site improvements and shall indicate
complete drainage paths of all drainage water run-off.
7. A demolition permit shall be obtained from Building Services prior to the removal
and/or demolition of the structures on site.
8. No utilities or fixtures shall be located on the exterior walls of the building that face
the main driveway.
9. Prior to approval of the Final Parcel Map, the Applicant/Property Owner shall:
a) Remove and replace the existing curb, gutter, and sidewalk from property line
to property line.
b) Coordinate with Public Works Services on the installation of a new street tree.
c) Construct a new drive approach per City Standard plan.
10. Prior to receiving a Certificate of Occupancy, the Applicant/Property Owner shall
repair any damages caused by the development to the asphalt street frontages from
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Resolution No. 2116 - MFADR 22-04 and TPM 22-04 (84040)
903-905 Sunset Boulevard
February 28, 2023 – Page 10 of 13
property line to property line including but not limited to trench cuts and construction
traffic, per the direction of the City Engineer.
11. The proposed development requires a Low Impact Development (LID) plan which
shall comply with the Los Angeles County Department of Public Works 2014 LID
standard Manual and show the selected measures on the grading plan. These
selected measures include but are not limited to using infiltration trenches, bio-
retention planter boxes, roof drains connected to a landscaped area, pervious
concrete/paver, etc.
12. All structures shall be provided with an automatic fire sprinkler system per the City of
Arcadia Fire Department’s Multi-Family Dwelling Sprinkler Standard.
13. There is a 12-inch ductile iron water main with 80 psi static pressure that the
development shall connect to on Sunset Blvd. 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 prior to issuance of a Building Permit.
14. The Applicant/Property Owner shall install a common master water meter for the
residential multi-family development. The water meter for each unit can be used to
supply both domestic water services and fire services. The Applicant/Property Owner
shall separate the fire service from domestic water service with an approved back flow
device.
15. All condominiums shall require a separate water service and meter for common area
landscape irrigation.
16. A Water Meter Permit Application shall be submitted to the Public Works Services
Department prior to issuance of a building permit for the new development.
17. New water service installations shall be by the Applicant/Property Owner. Installation
shall be according to the specifications of the Public Works Services Department,
Engineering Section. Abandonment of existing water services, if necessary, shall be
carried out by the Applicant/Property, according to Public Works Services
Department.
18. An 8” Vitrified Clay Pipe (VCP) sewer main is available on Sunset Blvd. which is
owned by Los Angeles County to provide sanitary sewer service for the project. The
Applicant/Property Owner shall utilize the existing sewer lateral, if possible. For any
changes to the exiting sewer lateral, the Applicant/Property Owner shall get approval
to connect to the exiting sewer main from the Los Angeles County Sanitation District
and obtain an encroachment permit from the City of Arcadia Public Works Department
prior to commencing work.
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Resolution No. 2116 - MFADR 22-04 and TPM 22-04 (84040)
903-905 Sunset Boulevard
February 28, 2023 – Page 11 of 13
19. If any drainage fixture elevation is lower than the elevation of the next upstream
manhole cover (539.981’), an approved type of backwater valve is required to be
installed on the lateral within the City’s right-of-way.
20. The Property Owner/Applicant shall comply with all City requirements regarding
building safety, fire prevention, detection, suppression, emergency access, public
right-of-way improvements, parking, water supply and water facilities, sewer facilities,
trash reduction and recycling requirements, and National Pollutant Discharge
Elimination System (NPDES) measures to the satisfaction of the Building Official, Fire
Marshal, Public Works Services Director, and Planning & Community Development
Administrator, or their respective designees. Compliance with these requirements is
to be determined by having fully detailed construction plans submitted for plan check
review and approval by the foregoing City officials and employees.
21. 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 22-04 and TPM 22-04 (84040)
(“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
16
Resolution No. 2116 - MFADR 22-04 and TPM 22-04 (84040)
903-905 Sunset Boulevard
February 28, 2023 – Page 12 of 13
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.
22. Approval of MFADR 22-04 and TPM 22-04 (84040) 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 22-04 and Tentative
Parcel Map No. TPM 22-04 (84040), state that the proposal satisfies the requisite findings,
and adopt the attached Resolution No. 2116 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 22-04 and Tentative Parcel Map No. TPM 22-04 (84040) 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 28, 2023, Planning Commission Meeting, please
contact Associate Planner, Edwin Arreola at (626) 821-4334, or earreola@ArcadiaCA.gov.
Approved:
Lisa L. Flores
Deputy Development Services Director
Attachment No. 1: Resolution No. 2116
Attachment No. 2: Aerial Photo with Zoning Information and Photos of the Subject
Property and Vicinity
17
Resolution No. 2116 - MFADR 22-04 and TPM 22-04 (84040)
903-905 Sunset Boulevard
February 28, 2023 – Page 13 of 13
Attachment No. 3: Tentative Parcel Map No. TPM 22-04 (84040)
Attachment No. 4: Architectural Plans
Attachment No. 5: Preliminary Exemption Assessment
18
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22
23
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Overlays
Selected parcel highlighted
Parcel location within City of Arcadia
N/A
Property Owner(s):
Lot Area (sq ft):
Year Built:
Main Structure / Unit (sq. ft.):
R-3
Number of Units:
HDR
Property Characteristics
1960
1,155
2
Property Owner
Site Address:903 SUNSET BLVD
Parcel Number: 5379-029-012
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 23-Feb-2023
Page 1 of 1 33
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TWO TREES
DESIGN, INC.
626-278-2766 E-mail:
4-UNIT CONDOMINIUM
903-905 SUNSET BLVD.
ARCADIA, CA. 91006
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LANDSCAPE ARCHITECTURAL DESIGN SERVICES
CALIFORNIA RLA#5840 1832 SAN DIEGO ST. WEST COVINA, CA. 91790 AS
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LANDSCAPE
PLANTING PLAN
46
47
Preliminary Exemption Assessment FORM “A”
PRELIMINARY EXEMPTION ASSESSMENT
1.Name or description of project:MFADR 22-04 and TPM 22-04 (84040) – A tentative parcel
map for a four-unit residential condominium development with
a Categorical Exemption under the California Environmental
Quality Act (“CEQA”)
2.Project Location – Identify street
address and cross streets or
attach a map showing project site
(preferably a USGS 15’ or 7 1/2’
topographical map identified by
quadrangle name):
903-905 Sunset Boulevard (between Okoboji Drive and
Fairview Avenue)
3.Entity or person undertaking
project:
A.
B.Other (Private)
(1)Name Eric Tsang on behalf of
MK Investment Holdings LLC
(2)Address 150 N. Santa Anita Avenue #300
Arcadia, CA 91006
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: February 9, 2023 Staff: Edwin Arreola, Associate Planner
48
DATE:February 28, 2023
TO:Honorable Chairman and Planning Commission
FROM:Lisa Flores, Deputy Development Services Director
Prepared By: Fiona Graham, Planning Services Manager
SUBJECT:RESOLUTION NO. 2119 – APPROVING A STARBUCKS CAFÉ WITH A
DRIVE-THROUGH AND EXTENDED HOURS OF OPERATION FROM 4:00
AM TO 10:00 PM, EVERYDAY, OUTDOOR SEATING, AND A PARKING
MODIFICATION TO ALLOW 37 PARKING SPACES INSTEAD OF 53
SPACES AT 747 WEST DUARTE ROAD
CEQA: Exempt
Recommendation: Adopt
SUMMARY
The Applicant, Kaidence Group, is requesting approval of Conditional Use Permit No. CUP
22-07, Architectural Design Review No. ADR 22-08, and Planning Commission
Administrative Modification No. PC AM 22-04 to convert an existing vacant bank building to
a Starbucks cafe with a drive-through with extended hours of operation from 4:00 a.m. to
10:00 p.m., everyday, outdoor seating, and a parking modification to allow 37 parking spaces
instead of 53 spaces at 747 W. Duarte Road. The project will also involve minor façade
improvements to the exterior of the building. It is recommended that the Planning
Commission adopt Resolution No. 2119 (Attachment No. 1) and find this project is
Categorically Exempt under CEQA and approve Conditional Use Permit No. CUP 22-07,
Architectural Design Review No. ADR 22-08, and Planning Commission Administrative
Modification No. PC AM 22-04, subject to the conditions listed in this staff report.
BACKGROUND
The subject site is an interior lot that fronts Duarte Road. The site is zoned General
Commercial (C-G), and is developed with a one-story, 6,201 square-foot bank building and
47 parking spaces. The existing building was constructed in 1966 for a bank, and it has been
utilized as a bank building since it first opened. The building was last occupied by Universal
Bank that closed in 2021. It has been vacant since that time. The property abuts commercial
properties to the east and west, including an assisted living facility at 753 W. Duarte, and
high-density residential uses to the north (Figure 1). To the south across Duarte Road is the
Arcadia Hub shopping center, which contains a variety of retail stores, restaurants, a
49
CUP 22-07, ADR 22-08, & PC AM 22-04
February 28, 2023
Page 2 of 1
supermarket, and other service uses. Refer to Attachment No. 2 for an aerial photo and
photos of the subject site.
Figure 1:The subject site
PROPOSAL
The proposed project involves a remodel of the existing commercial building including the
removal of the interior mezzanine level. Minor changes to the building’s exterior are
proposed such as closing holes in the wall where bank equipment was previously located,
removing existing awnings, and painting the building’s existing block façade. Skylights will
be added to the building’s roof bringing natural light into the proposed customer seating
area. A new trash enclosure is proposed to be constructed behind the existing building. The
parking lot will be restriped and reconfigured to move the existing drive-through lane to the
rear of the property, increasing capacity to 19 vehicles. The parking lot will accommodate
37 vehicles, including three (3) ADA spaces. Long term and short-term bicycle racks will be
provided at the front of the building. New landscaping will be proposed throughout the site,
including hedges along the property lines adjacent to the drive-through lane. Vehicular
access to the site is provided by an existing driveway on Duarte Road. Vehicles using the
drive-through will travel around the rear of the property and exit from a right-turn only
driveway at the building’s western side.
The proposed operating hours will be from 4:00 a.m. to 10:00 p.m., everyday. These are
extended hours as defined in the Development Code and any business that opens between
12:00 midnight and 6:00 a.m. in the C-G Zone requires a Conditional Use Permit. Staffing
schedules have yet to be finalized for this location, however based on operating procedures
at other, similar Starbucks locations, staff will arrive and leave the site up to 30 minutes prior
to and after the store’s opening hours. A conceptual floor plan shows indoor seating for up
to 42 patrons with additional seating for up to 12 people within a new, small outdoor patio
area at the front of the building, as shown in Figure 2. Refer to Attachment No. 3 for
architectural plans.
50
CUP 22-07, ADR 22-08, & PC AM 22-04
February 28, 2023
Page 3 of 1
Figure 2: Architectural rendering of the front of the proposed Starbucks cafe
ANALYSIS
The Applicant proposes to use the existing commercial building to operate a drive-through
Starbucks café. The project will involve demolition of much of the building’s interior space,
minor exterior façade changes, and restriping of the parking lot to create a new drive-through
lane around the rear of the property. The drive-through use and extended hours of operation,
starting at 4:00 a.m., requires the approval of a Conditional Use Permit. The project also
proposes a reduction to the onsite parking by 16 spaces – 37 spaces whereas 53 spaces
are required – which requires a Planning Commission Administrative Modification. Changes
to the building’s façade and the parking lot reconfiguration requires an Architectural Design
Review application.
Figure 3: Architectural rendering of the front of the proposed Starbucks cafe
51
CUP 22-07, ADR 22-08, & PC AM 22-04
February 28, 2023
Page 4 of 1
The Applicant initially requested operating 24 hours a day, however staff determined that
this would not be appropriate in this location, adjacent to a residential use. Starbucks
subsequently offered to reduce the operating hours from 4:00 a.m. to 10:00 p.m.
The proposed hours of operation, being from 4:00 a.m. to 10:00 p.m. are within the
timeframe of other nearby uses. Nearby businesses with early opening hours include LA
Fitness Gym at 1325 S. Baldwin Avenue (opens at 5:00 a.m.), CVS drugstore at 1401 S.
Baldwin Avenue (open 24 hours), and a 7/11 Convenience store at 1003 S. Baldwin Avenue
(opens 24 hours). Nearby Starbucks cafes, including some with drive-through service, have
various opening hours from between 4:30 a.m. to 10:30 p.m. The table, below, shows the
locations and their operating hours.
Starbucks location^Hours of operation
5 W. Live Oak Avenue, Arcadia 5:00 a.m. – 10:00 p.m. (from 5:30 a.m. Sundays)
300 E. Huntington Drive, Arcadia 4:30 a.m. – 8:30 p.m. (to 9:00 p.m. Sat & Sun)
733 W. Naomi Avenue, Arcadia
(in Arcadia Hub shopping center)
5:30 a.m. – 8:00 p.m.
6850 Rosemead Boulevard, San
Gabriel (corner Duarte Road)
5:00 a.m. – 10:00 p.m. (from 5:30 a.m.Sat & 6:00 a.m.
Sun)
230 S. Rosemead Boulevard,
Pasadena
4:30 a.m. – 10:30 p.m. (from 5:00 a.m. Sat & Sun)
860 W. Foothill Boulevard,
Monrovia
5:00 a.m. – 9:30 pm (to 10:30 p.m. Fri & Sat, and from
5:30 a.m. Sundays)
^ Italics indicates location has a drive-though
The menu board will be located parallel to the drive through lane and angled slightly toward
the rear of the adjacent property at 753 W. Duarte Road. Technology within the menu board
allows for automatic volume changes based on ambient background noise. An analysis
provided by the Applicant shows that the noise levels generated by the menu board will be
below the City’s noise ordinance limits at the various property lines. At the side property line,
closest to the menu board, the noise level is expected to be 34 dBA, whereas the
Development Code limits noise on commercial properties during the hours of 10:00 p.m. to
7:00 a.m. to 60 dBA maximum. Similarly, the noise level at the rear property line adjacent to
residential uses is expected to be 18 dBA, whereas the Development Code limits noise on
residential properties overnight to 50 dBA (Refer to Attachment No. 6).
To provide a sufficient buffer between the residential uses to the rear of the subject property,
staff requested that the Applicant widen the landscaping strip along the rear of the property
to six feet and include a continuous hedge. The property to the immediate west of the subject
site – 753 W. Duarte Road – is zoned C-G, General Commercial with an is assisted living
care facility. To maintain amenity for those residents, staff requested a landscape buffer
along the western property line, which has been included by the Applicant. There is a large
setback of approximately 25 feet between the adjacent assisted living facility building and
the drive-through lane, as the assisted living care facility’s driveway is located along that
property line and is approximately 20 feet wide.
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CUP 22-07, ADR 22-08, & PC AM 22-04
February 28, 2023
Page 5 of 1
Parking and Drive-through
The building will be 5,273 square feet in area after demolition of the existing mezzanine
floor. Per the Development Code, a café of this size requires one parking space per 100
square feet of floor area, resulting in a requirement for 53 onsite parking spaces. The existing
building exceeds the size required by Starbucks to operate a café in this location. However,
due to the building’s unique architecture, and the cost of a partial demolition, Starbucks did
not wish to demolish a portion of the building only for the purpose of meeting the City’s
parking requirements. Therefore, a portion of the building will remain unused, including the
existing bank safe, mechanical room, and other back-of-house areas. Starbucks estimates
the building is approximately 1,256 square feet larger than what is needed, meaning the
usable space by Starbucks will be 4,017 square feet, reducing the anticipated parking
requirements for the site from 53 spaces to 40 spaces. Also, customers have continued to
move away from indoor purchasing to the use of drive-through facilities where
available, further reducing expected demand for onsite parking. According to
, customers’ behavior has shown that when a parking lot is full or close to
reaching capacity, patrons will opt to use a drive-through facility, if available. This
means that if a parking capacity issue arises, the drive-thr u lane will help absorb the
additional demand. Staff has undertaken multiple site inspections at Starbucks locations
in the vicinity at various times of the day, including the Starbucks drive-through at the
corner of Santa Anita Avenue and Las Tunas Avenue, and these expectations have
been shown to be true – there are often available parking spaces while,
simultaneously, the drive-through lanes are at or near capacity. For these reasons, the
proposed onsite parking is expected to be sufficient for the anticipated demand, as shown
in Figure 4.
Figure 4: Site Plan
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CUP 22-07, ADR 22-08, & PC AM 22-04
February 28, 2023
Page 6 of 1
A queuing study for the proposed development was requested by staff and prepared by RK
Engineering Group, Inc. to evaluate the drive-through queuing needs of this project. The
study collected drive-through data at five comparable Starbucks drive-through locations;
Irvine, Mission Viejo, Costa Mesa, Lake Forest, and San Gabriel. These locations were
chosen because, like the subject site, they are located along a major arterial road (i.e., 4
lanes divided or greater) and within close proximity to high employment/residential areas.
The peak drive-through usage for these four sites was found to be the 7:00 a.m. to 9:00 a.m.
time period with an average peak of eight (8) to 12 vehicles queued during the busiest times,
and a maximum peak of 22 vehicles queued for the 450 East 17th Street, Costa Mesa
location. The traffic consultant anticipates that the subject site will likely experience a 95 th
percentile queue closer to that of the San Gabriel location, which would be 11 vehicles. As
the proposed drive-through lane has capacity for 19 vehicles, it is expected the site will have
more than sufficient space to accommodate all anticipated drive-through traffic. On those
rare occasions when the queue exceeds capacity, there is additional room within the onsite
parking lot to accommodate vehicle queuing without impacting traffic on Duarte Road. The
City Engineer has reviewed the queuing study and agrees with the conclusions. A copy of
the queuing study is included as an attachment to this report (Refer to Attachment No. 5). A
condition of approval has also been proposed that the vehicles shall only be allowed to
make a right-turn only when exiting the site – refer to condition of approval no. .
Architectural Design and Site Layout
The existing commercial building will be retained and renovated to accommodate the
proposed Starbucks drive-through. The Applicant had an Historical Resources Assessment
Report prepared for the property which shows the building does not have any historical
significance - refer to Attachment No. 4. Nevertheless, Starbucks wishes to retain the
building’s exterior with minimal changes to preserve the unique architectural style. This
includes maintaining all of the exterior doors and windows and the Chevron-shaped concrete
awnings seen on all four facades. Two existing holes in the building’s façade, which
previously accommodated bank equipment, will be filled in and painted to match the
surrounding façade. The building will be painted with Sherman Williams paint colors “Urban
Bronze” and “Agreeable Gray”, which are commonly used for standalone Starbucks
buildings. An interior mezzanine level will be demolished along with much of the building’s
interior reducing the recorded floor area from 6,202 square feet to 5,273 square feet. As
discussed previously in this report, Starbucks has indicated that the size of the commercial
building exceeds their needs and a total of 1,256 square feet of the building will remain
closed off and unused. The table, below, shows the square footage of various, nearby,
standalone Starbucks buildings with a drive-through; all are significantly smaller than the
proposed café.
Address Building size (square feet)Year built
6850 Rosemead Boulevard, San Gabriel 1,821 2016
5 W. Live Oak Ave., Arcadia 1,803 2017
230 S. Rosemead Boulevard, Pasadena 1,599 2013
860 W. Foothill Boulevard, Monrovia 969 2016
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CUP 22-07, ADR 22-08, & PC AM 22-04
February 28, 2023
Page 7 of 1
The site’s parking lot and existing drive-through lane will be reconfigured to accommodate
the new use and the parking lot will be restriped, reducing onsite spaces from 47 to 37. New
landscaping will be provided throughout the site, comprising 16.6% of the total site area. A
landscaped strip will be included along all property lines. Hedges of 24-inch box Podocarpus
Gracilior will be planted adjacent to the new drive-through lane along the eastern and
northern perimeter along the property lines. A total of nine 24-inch box Evergreen Pear trees
will be planted throughout the site and seven African Tulip Trees will be planted within the
landscaped strip along the western property line. The total landscaping, including the
number of larger trees, exceeds the minimum requirements in the Development Code.
Outdoor Dining
A small outdoor dining/seating area for 12 patrons will be constructed at the front of the
building facing Duarte Road. The Development Code allows outdoor dining with seating for
up to 12 without requiring additional parking on the site. The outdoor dining area will have
fixed umbrellas in Starbucks’ corporate green color and be partially enclosed with a low,
metal railing and planter. The outdoor dining will be incidental to the café use, will be
contained entirely within the property, and will not interfere with access to the building.
Figure 5 – Image showing the new outdoor dining area at the front of the building.
FINDINGS
Conditional Use Permit
The Arcadia Municipal Code requires that for approval of a Conditional Use Permit, it must
be concluded that the following findings of fact can be made in an affirmative manner:
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
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CUP 22-07, ADR 22-08, & PC AM 22-04
February 28, 2023
Page 8 of 1
of a Conditional Use Permit, and complies with all other applicable provisions
of this Development Code and the Municipal Code.
Facts to support findings: Approval of the Project is consistent with the Commercial
land use designation of the site. The site is zoned C-G, General Commercial. Arcadia
Development Code Section 9102.03.020, Table 2-8, allows drive-throughs and
restaurants to open between midnight and 6:00 a.m. in the C-G zone subject to the
review and approval of a Conditional Use Permit. The Project complies with all the
development standards of the C-G zone, and it is consistent with the goals and
policies of the General Plan. The Commercial land use designation is intended to
permit a wide range of commercial uses which serve both neighborhood and citywide
markets. The designation allows a broad array of commercial uses, including cafés.
Therefore, the Project is consistent with the following General Plan goals and policies:
Land Use and Community Design Element
Policy LU-1.2: Promote new uses of land that provide diverse economic,
social, and cultural opportunities, and that reinforce the characteristics that
make Arcadia a desirable place to live.
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 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 findings:The Project’s design, location, size, and operating
characteristics will be compatible with the existing and future land uses in the vicinity.
The property is near to a variety of commercial uses along W. Duarte Road including
retail, offices, restaurants, banks, and an assisted living facility. The Project will
occupy an existing 5,273 square foot commercial building and will operate from 4:00
a.m. to 10:00 p.m. everyday. These hours are similar to some other businesses in
the vicinity including the existing Starbucks at the Arcadia Hub shopping center which
was approved to operate between 5:30 a.m. and 11:30 p.m. daily, and Vons
supermarket (745 W. Naomi Ave), which operates from 6:00 a.m. to 11:00 p.m. daily.
The early opening hour is appropriate as the majority of patrons during the early
morning hours are expected to utilize the drive-through facility rather than park their
vehicle and enter the store. The drive-through lane will run around the rear of the
property and is separated from adjacent commercial and residential uses by a five-
to-six foot wide landscaped buffer along the perimeter of the property with 6’-0” tall
hedges at the time they will be planted. The menu-board includes technology that will
limit the volume based on the ambient noise, which will ensure noise levels at the
nearby side and rear property lines will not exceed the noise limits per the City’s noise
ordinance. Additionally, site and parking lot lighting has been conditioned to have no
light and glare at the property line. The site will therefore be compatible with adjoining
and nearby residential uses. The site has an adequate number of parking spaces to
accommodate the proposed use and its anticipated parking demand. The drive-
through lane, which can accommodate up to 19 vehicles, is expected to absorb any
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CUP 22-07, ADR 22-08, & PC AM 22-04
February 28, 2023
Page 9 of 1
excess parking demand on the site. The proposed changes to the exterior façade will
be an enhancement to this corridor, and the outdoor dining area will help activate the
streetscape. Therefore, the proposed project will be compatible with existing and
future land uses in the vicinity.
3. The site is physically suitable in terms of:
a. Its design, location, shape, size, and operating characteristics of the
proposed use in order to accommodate the use, site improvements,
loading, and parking.
Facts to support findings: The site is physically suitable to accommodate the
Project. The use will occupy a vacant commercial building that is large enough
to accommodate this use. The site is sufficient in size to accommodate a 19-
car drive-through lane. A queuing analysis provided by the Applicant indicates
the 19-car capacity will be adequate to accommodate expected demand. The
proposed Project will require the restriping of the existing parking lot, resulting
in a total of 37 parking spaces. Although the site will provide less parking than
the 53 spaces required by the Development Code, a parking analysis shows
that the site will have sufficient onsite parking to meet the projected demand as
the effective usable space of the building will require only 40 spaces, and the
proposed drive-through lane will absorb additional parking demand. Therefore,
the site is suitable to accommodate the proposed use.
b. Streets and highways adequate to accommodate public and emergency
vehicle (e.g., fire and medical) access.
Facts to support findings: The property is located on West Duarte Road,
which is designed with the capacity to accommodate both public and
emergency vehicles. All adjacent and nearby streets are adequate in width and
pavement type to carry the traffic that could be generated by the Project and to
support emergency vehicle access.
c. Public protection services (e.g., fire protection, police protection, etc.).
Facts to support findings: The Project will be located within an existing
commercial bank building. Conditions of approval have been included to ensure
the café 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.).
Facts to support findings: The Project is located within an existing
commercial building, which is, or can be, adequately serviced by existing
utilities. The request does not require new construction and will not be operated
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in a manner that will impact the provision of utilities. Therefore, no impacts to
the provision of utilities are anticipated.
4. The measure of site suitability shall be required to ensure that the type, density,
and intensity of use being proposed will not adversely affect the public
convenience, health, interest, safety, or general welfare, constitute a nuisance,
or be materially injurious to the improvements, persons, property, or uses in
the vicinity and zone in which the property is located.
Facts to support findings: The Project and the type, density, and intensity of use
being proposed will not adversely affect the public health or welfare, or to the
surrounding properties. The proposed menu-board will comply with the City’s noise
ordinance. Onsite lighting is conditioned to comply with the City’s lighting standards
and that any potential light and glare shall terminate at the property lines. A
landscaped setback six feet deep is proposed along the entire rear property line,
providing a visual screen between the proposed drive-through lane and adjacent
residential and commercial uses. The size and nature of the operation of the use
would be an appropriate improvement for the surrounding uses and along this corridor
of Duarte Road.
Administrative Modification
According to Arcadia Development Code Section 9107.05.050, it states that an
Administrative Modification may be approved if at least one of the following findings can be
made:
1. Secure an appropriate improvement of a lot;
2. Prevent an unreasonable hardship; or
3. Promote uniformity of development
Facts to support findings: The proposed parking modification will secure an
appropriate improvement of the lot because only 4,017 square feet of the 5,273 square
foot building will be utilized and therefore the Project effectively requires only 40
parking spaces, and due to the building’s unique architecture and the cost of a partial
demolition, the Applicant did not wish to demolish a portion of the building only for the
purpose of meeting the City’s requirements. The site will provide 37 parking spaces,
so the Project will be short by three parking spaces. The site will have sufficient parking
since the Applicant is also proposing a new drive-through lane that can accommodate
19 vehicles which can handle the capacity should the parking demand exceed onsite
parking availability. Therefore, a reduction in onsite parking from the 53 spaces
required to the 37 spaces provided is not anticipated to cause any potential impacts,
instead it would be an appropriate for this use.
Architectural Design Review
The Review Authority may approve a Site Plan and Design Review application, only if it first
makes all of the following findings. The proposed development will:
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1. Be in compliance with all applicable development standards and regulation in
the Development Code.
Facts to support findings: The Project will meet all standards are regulations in the
Development Code with the exception of onsite parking, which is subject to Planning
Commission Administrative Modification No. PC AM 22-04. The existing building will
be retained with no significant exterior changes, and it meets all applicable
development standards. The Project also complies with all applicable development
standards related to parking lot design and site landscaping.
2. Be consistent with the objectives and standards of the applicable Design
Guidelines.
Facts to support findings:The Project will be consistent with the objectives and
standards of the applicable Design Guidelines. The existing building will be retained
with minor changes to the exterior which will modernize the appearance of the building
while retaining its architectural features. The new exterior colors will be neutral in tone
and the base color will be darker while accents will be in a lighter color. An outdoor
seating area at the front of the building will activate the commercial street frontage and
be easily accessible for customers. The proposed site changes also include restriping
the parking lot and incorporating new, drought tolerant landscaping throughout the
site. The landscaping will include plants of low, medium and tall height and the Project
will need to comply with the City’s Water Efficient Landscaping Ordinance (WELO).
Therefore, the proposed changes to the subject site are consistent with the City’s
Commercial and Mixed-Use Design Guidelines.
3. Be compatible in terms of scale and aesthetic design with surrounding
properties and developments.
Facts to support findings:The Project will be compatible in terms of scale and
aesthetic design with surrounding properties and developments. The building is
existing, and the Project will include only minor changes to the building’s exterior. The
proposed exterior paint scheme consists of muted, earth-toned colors which are
compatible with the surrounding commercial properties and meet the City's
Commercial and Mixed Use Design Guideline. The parking lot layout and site
landscaping will complement the property and be consistent with nearby commercial
properties.
4. Have an adequate and efficient site layout in terms of access, vehicular
circulation, parking and landscaping.
Facts to support findings:The Project will have an adequate and efficient site layout
in terms of access, vehicular circulation, parking and landscaping. The drive-through
lane will be accessed via a driveway on Duarte Road and will accommodate 19
vehicles on site which a queuing analysis showed was sufficient capacity to meet
expected demand. Exit from the drive-through lane will be via a right-turn only
driveway onto Duarte Road. New landscaping will comprise 16% of the site, exceeding
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the minimum required of 5%, and will use drought tolerant planting. The Project will
accommodate 37 vehicle parking spaces, a deficiency of three spaces beyond the
Project’s requirement of 40 onsite parking spaces. All driveway and parking space
dimensions meet the requirements of the Development Code.
5. Be in compliance with all of the applicable criteria identified in Subparagraph
9107.19.040 C.5. of the Development Code.
Facts to support findings: The Project will be in compliance with all of the applicable
criteria identified in Subparagraph 9107.19.04(C)(5). The Project meets all applicable
sections of the Development Code with the exception of onsite parking, which is
subject to a Planning Commission Administrative Modification application. The Project
is also consistent with the General Plan as it is a commercial use in a commercial
area. The existing building will be retained onsite with minimal changes to the exterior
which, in addition to the proposed parking lot design, landscaping, and outdoor dining
area, meet the policies and standards of the Commercial and Mixed Use Design
Guidelines. The site layout will be efficient as the drive-through lane will be moved to
run around the back of the site increasing its capacity and taking cars away from the
parking area. Two existing driveways will be kept and used for the Project, however
the drive-through exit will become right-turn only. A traffic analysis provided by the
applicant shows that Level of Service at nearby intersections will not be negatively
impacted and a parking analysis indicates that the property will have sufficient onsite
parking and drive-through lane capacity to meet expected demand. As such, there is
also efficiency and safety of public access and parking. The redesigned parking lot will
allow for an increase in onsite landscaping to 16% and which will be subject to the
City’s Water Efficient Landscaping Ordinance (WELO). For these reasons, the Project
complies with all of the applicable criteria identified in Subparagraph 9107.19.040 C.5.
of the Development Code.
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. A traffic study indicates there will be no
significant impact to traffic and it will not affect the level of service at the intersections.
Therefore, the project is exempt under Class 32 (In-Fill Development Projects) pursuant to
Section 15332 of the State California Environmental Quality Act (CEQA) Guidelines. The
project also qualifies for a Class 5 Exemption for a minor alteration to land use limitations
pursuant to Section 15305 of the CEQA Guidelines. Refer to Attachment No. 7 for the
Preliminary Exemption Assessment.
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PUBLIC NOTICE/COMMENTS
A public hearing notice for this item was published in the Arcadia Weekly and mailed to the
property owners located within 300 feet of the subject property on February 16, 2023. As of
February 23, 2023, staff has not received any comments from the public.
RECOMMENDATION
It is recommended that the Planning Commission approve Conditional Use Permit No. CUP
22-07, Architectural Design Review No. ADR 22-08, and Planning Commission
Administrative Modification No. PC AM 22-04, find that the project is Categorically Exempt
from the California Environmental Quality Act (CEQA), and adopt Resolution No. 2119,
subject to the following conditions of approval:
1. The project shall be developed and maintained by the Applicant/Property Owner in
a manner that is consistent with the plans submitted and conditionally approved for
CUP 22-07, ADR 22-08, and PC AM 22-04, subject to the approval of the Deputy
Development Services Director or designee.
2. The volume from the menu board shall not exceed the noise level for daytime and
nighttime hours per the City's noise ordinance. The volume shall be adjusted
accordingly to be sensitive to the adjacent uses at the discretion of the Deputy
Development Services Director, or designee.
3. Any required mechanical equipment, such as backflow devices, visible from the
public right-of-way shall be screened from public view. Screening may include
landscaping, solid walls or other methods deemed appropriate for the development.
The placement and height of said screening shall subject to review and approval by
the Deputy Development Services Director, or designee.
4. The exterior parking lot lighting plan and photometric lighting analysis shall be
provided with the electrical plans to plan-check in Building Services. The parking lot
light fixtures shall have a blank metal insert to ensure any potential light and glare
terminates at zero at the property lines. The style of the parking lot lights shall be
review and approved by the Deputy Development Services Director, or designee,
prior to plan-check review.
5. The 24-inch box hedges of Podocarpus Gracilior along the perimeter of the property
shall be at least 6’-0” tall at the time they are planted. This shall be verified prior to
issuance of a Certificate of Occupancy.
6. Prior to the issuance of a Certificate of Occupancy, Applicant/Property Owner shall
install a Right Turn Only sign at the drive-thru exit and stripe a right turn arrow in
the drive-through lane near the front property line. The location of the sign and
striped right turn arrow shall be approved by City Engineer prior to the issuance of
building permits.
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7. Prior to the issuance of a Certificate of Occupancy, the Applicant/Property owner
shall paint the exterior of the trash enclosure with Sherwin Williams “Agreeable
Gray” to match the existing building’s proposed new paint scheme.
8. The café and/or drive-through shall not be open for business anytime between
10:00 p.m. and 4:00 a.m. of the following day.
9. The Applicant/Property Owner shall comply with the latest adopted edition of the
following codes as applicable:
a) California Building Code
b) California Electrical Code
c) California Mechanical Code
d) California Plumbing Code
e) California Energy Code
f) California Fire Code
g) California Green Building Standards Code
h) California Existing Building Code
i) Arcadia Municipal Code
10. Applicant/Property Owner shall ensure that all existing trees in the parkway shall
remain and be protected throughout construction.
11. The Applicant/Property Owner shall provide calculations to determine the maximum
commercial demand and maximum fire demand in order to verify the required water
service size required at plan check submittal.
12. The Applicant/Property Owner shall install a back flow prevention device for
commercial and irrigation use, as approved by the City’s Public Works Department,
prior to the issuance of a Certificate of Occupancy.
13. Prior to the issuance of a Certificate of Occupancy, the Property Owner/Applicant
shall ensure all fire services are isolated from commercial water services with
approved back flow prevention devices.
14. A Water Meter Clearance Application shall be submitted to the Public Works
Services Department by the Applicant/Property Owner prior to permit issuance.
15. Assuming typical sanitary sewer demands for a project of this size and type, the
existing sewers should be capable of meeting all anticipated demands of the
improvements as described in the information provided. Applicant/Property Owner
is to provide estimated sewer demand calculations to Public Works as part of
building plan check submittal. The Applicant/Property Owner shall utilize existing
sewer lateral(s) if possible.
16. Proposed project is subject to LID requirements. Developer shall integrate low
impact development (LID) strategies into the site design. These strategies include
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using infiltration trenches, bioretention planter boxes, roof drains connected to a
landscaped area, pervious concrete/paver, etc.
17. The change in occupancy will require the structure to be fire sprinklered prior to the
issuance of a certificate of occupancy.
18. The Applicant/Property owner shall ensure the fire sprinkler system is monitored by
a UL listed central station.
19. The Applicant/Property owner shall provide a knox box adjacent to the main
entrance.
20. The Applicant/Property Owner shall ensure that exit doors serving the café eating
area shall be equipped with panic hardware.
21. The Applicant/Property Owner shall remove and replace existing sidewalk, curb and
gutter along the property frontage of Duarte Road prior to the issuance of a
Certificate of Occupancy.
22. The Applicant/Property Owner shall remove existing driveway approaches and
construct new approaches per City Standard with ADA access around approach
prior to the issuance of a Certificate of Occupancy.
23. The Applicant/Property Owner shall be responsible for the asphalt street frontages
from property line to property line to repair any damages caused by the
development including but not limited to trench cuts and construction traffic, per the
direction of the City Engineer.
24. The Applicant/Property Owner shall provide trash collection services as often as
necessary to ensure that there is no buildup of trash on the site or within the
building. Trash placement outside of an authorized trash container is prohibited.
Storage of trash bins or trash or recycling containers outside of the approved trash
and recyclables enclosure for more than 18 hours is prohibited.
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/Owner must defend, indemnify,
and hold the City, any departments, agencies, divisions, boards, and/or
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commissions of the City, and its elected officials, officers, contractors serving as
City officials, agents, employees, and attorneys of the City (“Indemnitees”) harmless
from liability for damages and/or claims, actions, or proceedings for damages for
personal injuries, including death, and claims for property damage, and with respect
to all other actions and liabilities for damages caused or alleged to have been
caused by reason of the Applicant’s activities in connection with CUP 22-07, ADR
22-08, and PC AM 22-04 (“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 CUP 22-07, ADR 22-08, and PC AM 22-04 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
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If the Planning Commission intends to approve this project, the Commission should move to
approve Conditional Use Permit No. CUP 22-07, Architectural Design Review No. ADR 22-
08, and Planning Commission Administrative Modification No. PC AM 22-04, state that the
proposal satisfies the requisite findings, and adopt the attached Resolution No. 2119 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 Conditional Use Permit No. CUP 22-07, Architectural
Design Review No. ADR 22-08, and Planning Commission Administrative Modification No.
PC AM 22-04 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 28, 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
Attachment No. 1: Resolution No. 2119
Attachment No. 2: Aerial Photo with Zoning Information and Photos of the Subject
Property and Vicinity
Attachment No. 3: Architectural Plans
Attachment No. 4: Historical Assessment
Attachment No. 5: Traffic Analysis and Parking Analysis
Attachment No. 6: Applicant memorandum on menu board technology
Attachment No. 7: Preliminary Exemption Assessment
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Attachment No. 1
Attachment No. 1
Resolution No. 2119
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RESOLUTION NO. 2119
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO.
CUP 22-07, ARCHITECTURAL DESIGN REVIEW NO. ADR 22-08, AND
PLANNING COMMISSION ADMINISTRATIVE MODIFICATION NO. PC
AM 22-04, WITH A CATEGORICAL EXEMPTION UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), FOR A
STARBUCKS CAFÉ WITH A DRIVE-THROUGH AND EXTENDED
HOURS OF OPERATION FROM 4:00 AM TO 10:00 PM, EVERYDAY,
OUTDOOR SEATING, AND A PARKING MODIFICATION TO ALLOW 37
PARKING SPACES INSTEAD OF 53 SPACES AT 747 WEST DUARTE
ROAD
WHEREAS, on August 9, 2022, applications for Conditional Use Permit No. CUP
22-07 and Architectural Design Review No. ADR 22-08, and on December 13, 2022 an
application for Planning Commission Administrative Modification No. PC AM 22-04, were
filed by Kaidence Group on behalf of Starbucks for a new café with a drive-through,
extended hours of operation from 4:00 a.m. to 10:00 p.m. everyday, outdoor seating, and
a parking modification to allow 37 parking spaces instead of 53 spaces, at 747 W. Duarte
Road (“Project”); and
WHEREAS, on February 15, 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 15305 of the CEQA Guidelines for a minor alteration to
land use limitations, and Section 15332 of the CEQA Guidelines because the Project is
considered an in-fill development project; and
WHEREAS, on February 28, 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.
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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 28, 2023, are true and correct.
SECTION 2. This Commission finds, based upon the entire record:
Conditional Use Permit
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 complies with all other applicable provisions of this
Development Code and the Municipal Code.
FACT: Approval of the Project is consistent with the Commercial land use
designation of the site. The site is zoned C-G, General Commercial. Arcadia Development
Code Section 9102.03.020, Table 2-8, allows drive-throughs and restaurants to open
between midnight and 6:00 a.m. in the C-G zone subject to the review and approval of a
Conditional Use Permit. The Project complies with all the development standards of the
C-G zone, and it is consistent with the goals and policies of the General Plan. The
Commercial land use designation is intended to permit a wide range of commercial uses
which serve both neighborhood and citywide markets. The designation allows a broad
array of commercial uses, including cafés. Therefore, the Project is consistent with the
following General Plan goals and policies:
Land Use and Community Design Element
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Policy LU-1.2: Promote new uses of land that provide diverse economic, social,
and cultural opportunities, and that reinforce the characteristics that make
Arcadia a desirable place to live.
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 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 Project’s design, location, size, and operating characteristics will be
compatible with the existing and future land uses in the vicinity. The property is near to a
variety of commercial uses along W. Duarte Road including retail, offices, restaurants,
banks, and an assisted living facility. The Project will occupy an existing 5,273 square
foot commercial building and will operate from 4:00 a.m. to 10:00 p.m. everyday. These
hours are similar to some other businesses in the vicinity including the existing Starbucks
at the Arcadia Hub shopping center which was approved to operate between 5:30 a.m.
and 11:30 p.m. daily, and Vons supermarket (745 W. Naomi Ave), which operates from
6:00 a.m. to 11:00 p.m. daily. The early opening hour is appropriate as the majority of
patrons during the early morning hours are expected to utilize the drive-through facility
rather than park their vehicle and enter the store. The drive-through lane will run around
the rear of the property and is separated from adjacent commercial and residential uses
by a five-to-six foot wide landscaped buffer along the perimeter of the property with 6’-0”
tall hedges at the time they will be planted. The menu-board includes technology that will
limit the volume based on the ambient noise, which will ensure noise levels at the nearby
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side and rear property lines will not exceed the noise limits per the City’s noise ordinance.
Additionally, site and parking lot lighting has been conditioned to have no light and glare
at the property line. The site will therefore be compatible with adjoining and nearby
residential uses. The site has an adequate number of parking spaces to accommodate
the proposed use and its anticipated parking demand. The drive-through lane, which can
accommodate up to 19 vehicles, is expected to absorb any excess parking demand on
the site. The proposed changes to the exterior façade will be an enhancement to this
corridor, and the outdoor dining area will help activate the streetscape. Therefore, the
proposed project will be compatible with existing and future land uses in the vicinity.
3. The site is physically suitable in terms of:
a. Its design, location, shape, size, and operating characteristics of the proposed
use in order to accommodate the use, site improvements, loading, and parking;
FACT: The site is physically suitable to accommodate the Project. The use will
occupy a vacant commercial building that is large enough to accommodate this use. The
site is sufficient in size to accommodate a 19-car drive-through lane. A queuing analysis
provided by the Applicant indicates the 19-car capacity will be adequate to accommodate
expected demand. The proposed Project will require the restriping of the existing parking
lot, resulting in a total of 37 parking spaces. Although the site will provide less parking
than the 53 spaces required by the Development Code, a parking analysis shows that the
site will have sufficient onsite parking to meet the projected demand as the effective
usable space of the building will require only 40 spaces, and the proposed drive-through
lane will absorb additional parking demand. Therefore, the site is suitable to
accommodate the proposed use.
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B. Streets and highways adequate to accommodate public and emergency
vehicle (e.g., fire and medical) access;
FACT: The property is located on West Duarte Road, which is designed with the
capacity to accommodate both public and emergency vehicles. All adjacent and nearby
streets are adequate in width and pavement type to carry the traffic that could be
generated by the Project and to support emergency vehicle access.
C. Public protection services (e.g., fire protection, police protection, etc.).
FACT: The Project will be located within an existing commercial bank building.
Conditions of approval have been included to ensure the café 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 Project is located within an existing commercial building, which is, or
can be, 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.
4. The measure of site suitability shall be required to ensure that the type,
density, and intensity of use being proposed will not adversely affect the public
convenience, health, interest, safety, or general welfare, constitute a nuisance, or be
materially injurious to the improvements, persons, property, or uses in the vicinity and
zone in which the property is located.
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FACT: The Project and the type, density, and intensity of use being proposed will
not adversely affect the public health or welfare, or to the surrounding properties. The
proposed menu-board will comply with the City’s noise ordinance. Onsite lighting is
conditioned to comply with the City’s lighting standards and that any potential light and
glare shall terminate at the property lines. A landscaped setback six feet deep is proposed
along the entire rear property line, providing a visual screen between the proposed drive-
through lane and adjacent residential and commercial uses. The size and nature of the
operation of the use would be an appropriate improvement for the surrounding uses and
along this corridor of Duarte Road.
Administrative Modification
The Project meets at least one of the following:
Secure an appropriate improvement of a lot;
Prevent an unreasonable hardship; or
Promote uniformity of development
FACT: The proposed parking modification will secure an appropriate improvement
of the lot because only 4,017 square feet of the 5,273 square foot building will be utilized
and therefore the Project effectively requires only 40 parking spaces, and due to the
building’s unique architecture and the cost of a partial demolition, the Applicant did not
wish to demolish a portion of the building only for the purpose of meeting the City’s
requirements. The site will provide 37 parking spaces, so the Project will be short by three
parking spaces. The site will have sufficient parking since the Applicant is also proposing
a new drive-through lane that can accommodate 19 vehicles which can handle the
capacity should the parking demand exceed onsite parking availability. Therefore, a
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reduction in onsite parking from the 53 spaces required to the 37 spaces provided is not
anticipated to cause any potential impacts, instead it would be an appropriate for this use.
.
Architectural Design Review
The Review Authority may approve a Site Plan and Design Review application,
only if it first makes all of the following findings. The proposed development will:
1. Be in compliance with all applicable development standards and regulation
in the Development Code.
FACT: The Project will meet all standards are regulations in the Development
Code with the exception of onsite parking, which is subject to Planning Commission
Administrative Modification No. PC AM 22-04. The existing building will be retained with
no significant exterior changes, and it meets all applicable development standards. The
Project also complies with all applicable development standards related to parking lot
design and site landscaping.
2. Be consistent with the objectives and standards of the applicable Design
Guidelines.
FACT: The Project will be consistent with the objectives and standards of the
applicable Design Guidelines. The existing building will be retained with minor changes
to the exterior which will modernize the appearance of the building while retaining its
architectural features. The new exterior colors will be neutral in tone and the base color
will be darker while accents will be in a lighter color. An outdoor seating area at the front
of the building will activate the commercial street frontage and be easily accessible for
customers. The proposed site changes also include restriping the parking lot and
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incorporating new, drought tolerant landscaping throughout the site. The landscaping will
include plants of low, medium and tall height and the Project will need to comply with the
City’s Water Efficient Landscaping Ordinance (WELO). Therefore, the proposed changes
to the subject site are consistent with the City’s Commercial and Mixed-Use Design
Guidelines.
3. Be compatible in terms of scale and aesthetic design with surrounding
properties and developments.
FACT: The Project will be compatible in terms of scale and aesthetic design with
surrounding properties and developments. The building is existing, and the Project will
include only minor changes to the building’s exterior. The proposed exterior paint scheme
consists of muted, earth-toned colors which are compatible with the surrounding
commercial properties and meet the City's Commercial and Mixed Use Design Guideline.
The parking lot layout and site landscaping will complement the property and be
consistent with nearby commercial properties.
4. Have an adequate and efficient site layout in terms of access, vehicular
circulation, parking and landscaping.
FACT: The Project will have an adequate and efficient site layout in terms of
access, vehicular circulation, parking and landscaping. The drive-through lane will be
accessed via a driveway on Duarte Road and will accommodate 19 vehicles on site which
a queuing analysis showed was sufficient capacity to meet expected demand. Exit from
the drive-through lane will be via a right-turn only driveway onto Duarte Road. New
landscaping will comprise 16% of the site, exceeding the minimum required of 5%, and
will use drought tolerant planting. The Project will accommodate 37 vehicle parking
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spaces, a deficiency of three spaces beyond the Project’s requirement of 40 onsite
parking spaces. All driveway and parking space dimensions meet the requirements of the
Development Code.
5. Be in compliance with all of the applicable criteria identified in Subparagraph
9107.19.040 C.5. of the Development Code.
The Project will be in compliance with all of the applicable criteria
identified in Subparagraph 9107.19.04(C)(5). The Project meets all applicable
sections of the Development Code with the exception of onsite parking, which is
subject to a Planning Commission Administrative Modification application. The Project
is also consistent with the General Plan as it is a commercial use in a commercial
area. The existing building will be retained onsite with minimal changes to the
exterior which, in addition to the proposed parking lot design, landscaping, and outdoor
dining area, meet the policies and standards of the Commercial and Mixed Use Design
Guidelines. The site layout will be efficient as the drive-through lane will be moved to
run around the back of the site increasing its capacity and taking cars away from
the parking area. Two existing driveways will be kept and used for the Project,
however the drive-through exit will become right-turn only. A traffic analysis provided
by the applicant shows that Level of Service at nearby intersections will not be
negatively impacted and a parking analysis indicates that the property will have
sufficient onsite parking and drive-through lane capacity to meet expected demand.
As such, there is also efficiency and safety of public access and parking. The
redesigned parking lot will allow for an increase in onsite landscaping to 16% and
which will be subject to the City’s Water Efficient Landscaping
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Ordinance (WELO). For these reasons, the Project complies with all of the applicable
criteria identified in Subparagraph 9107.19.040 C.5. of the Development Code.
SECTION 3. Pursuant to the provisions of the California Environmental Quality
Act (“CEQA”), this Project is subject to a Class 5 Categorical Exemption for a minor
alteration to land use limitations per Section 15305 of the CEQA Guidelines and 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 15305, Class 5, and 15332, Class 32, and approves Conditional Use
Permit No. CUP 22-07, Architectural Design Review No. ADR 22-08, and Planning
Commission Administrative Modification No. PC AM 22-04 for a new Starbucks café with
a drive-through, extended hours of operation from 4:00 a.m. to 10:00 p.m. everyday,
outdoor seating, and a parking modification to allow 37 parking spaces instead of 53
spaces, at 747 W. Duarte Road, subject to the conditions of approval attached hereto.
SECTION 5. The Secretary shall certify to the adoption of this Resolution.
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Passed, approved and adopted this 28th day of February, 2023.
Brad Thompson
Chair, Planning Commission
ATTEST:
Lisa L. Flores
Secretary
APPROVED AS TO FORM:
Michael J. Maurer
City Attorney
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Page Intentionally Left Blank
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RESOLUTION NO. 2119
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 CUP 22-07, ADR 22-08, and PC AM 22-04, subject to the approval
of the Deputy Development Services Director or designee.
2. The volume from the menu board shall not exceed the noise level for daytime
and nighttime hours per the City's noise ordinance. The volume shall be adjusted
accordingly to be sensitive to the adjacent uses at the discretion of the Deputy
Development Services Director, or designee.
3. Any required mechanical equipment, such as backflow devices, visible from the
public right-of-way shall be screened from public view. Screening may include
landscaping, solid walls or other methods deemed appropriate for the
development. The placement and height of said screening shall subject to review
and approval by the Deputy Development Services Director, or designee.
4. The exterior parking lot lighting plan and photometric lighting analysis shall be
provided with the electrical plans to plan-check in Building Services. The parking
lot light fixtures shall have a blank metal insert to ensure any potential light and
glare terminates at zero at the property lines. The style of the parking lot lights
shall be review and approved by the Deputy Development Services Director, or
designee, prior to plan-check review.
5. The 24-inch box hedges of Podocarpus Gracilior along the perimeter of the
property shall be at least 6’-0” tall at the time they are planted. This shall be
verified prior to issuance of a Certificate of Occupancy.
6. Prior to the issuance of a Certificate of Occupancy, Applicant/Property Owner
shall install a Right Turn Only sign at the drive-thru exit and stripe a right turn
arrow in the drive-through lane near the front property line. The location of the
sign and striped right turn arrow shall be approved by City Engineer prior to the
issuance of building permits.
7. Prior to the issuance of a Certificate of Occupancy, the Applicant/Property owner
shall paint the exterior of the trash enclosure with Sherwin Williams “Agreeable
Gray” to match the existing building’s proposed new paint scheme.
8. The café and/or drive-through shall not be open for business anytime between
10:00 p.m. and 4:00 a.m. of the following day.
9. The Applicant/Property Owner shall comply with the latest adopted edition of the
following codes as applicable:
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a) California Building Code
b) California Electrical Code
c) California Mechanical Code
d) California Plumbing Code
e) California Energy Code
f) California Fire Code
g) California Green Building Standards Code
h) California Existing Building Code
i) Arcadia Municipal Code
10. Applicant/Property Owner shall ensure that all existing trees in the parkway shall
remain and be protected throughout construction.
11. The Applicant/Property Owner shall provide calculations to determine the
maximum commercial demand and maximum fire demand in order to verify the
required water service size required at plan check submittal.
12. The Applicant/Property Owner shall install a back flow prevention device for
commercial and irrigation use, as approved by the City’s Public Works
Department, prior to the issuance of a Certificate of Occupancy.
13. Prior to the issuance of a Certificate of Occupancy, the Property Owner/Applicant
shall ensure all fire services are isolated from commercial water services with
approved back flow prevention devices.
14. A Water Meter Clearance Application shall be submitted to the Public Works
Services Department by the Applicant/Property Owner prior to permit issuance.
15. Assuming typical sanitary sewer demands for a project of this size and type, the
existing sewers should be capable of meeting all anticipated demands of the
improvements as described in the information provided. Applicant/Property
Owner is to provide estimated sewer demand calculations to Public Works as
part of building plan check submittal. The Applicant/Property Owner shall utilize
existing sewer lateral(s) if possible.
16. Proposed project is subject to LID requirements. Developer shall integrate low
impact development (LID) strategies into the site design. These strategies
include using infiltration trenches, bioretention planter boxes, roof drains
connected to a landscaped area, pervious concrete/paver, etc.
17. The change in occupancy will require the structure to be fire sprinklered prior to
the issuance of a certificate of occupancy.
18. The Applicant/Property owner shall ensure the fire sprinkler system is monitored
by a UL listed central station.
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19. The Applicant/Property owner shall provide a knox box adjacent to the main
entrance.
20. The Applicant/Property Owner shall ensure that exit doors serving the café eating
area shall be equipped with panic hardware.
21. The Applicant/Property Owner shall remove and replace existing sidewalk, curb
and gutter along the property frontage of Duarte Road prior to the issuance of a
Certificate of Occupancy.
22. The Applicant/Property Owner shall remove existing driveway approaches and
construct new approaches per City Standard with ADA access around approach
prior to the issuance of a Certificate of Occupancy.
23. The Applicant/Property Owner shall be responsible for the asphalt street
frontages from property line to property line to repair any damages caused by
the development including but not limited to trench cuts and construction traffic,
per the direction of the City Engineer.
24. The Applicant/Property Owner shall provide trash collection services as often as
necessary to ensure that there is no buildup of trash on the site or within the
building. Trash placement outside of an authorized trash container is prohibited.
Storage of trash bins or trash or recycling containers outside of the approved
trash and recyclables enclosure for more than 18 hours is prohibited.
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/Owner 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 CUP 22-07, ADR 22-08, and PC AM 22-04 (“Project”) on the
Project site, and which may arise from the direct or indirect operations of the
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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.
27. 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.
28. Approval of CUP 22-07, ADR 22-08, and PC AM 22-04 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.
----
82
Attachment No. 2
Attachment No. 2
Aerial Photo with Zoning Information and
Photos of the Subject Property and Vicinity
83
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
1966
6,201
0
Property Owner
Site Address:747 W DUARTE RD
Parcel Number: 5783-008-030
N/A
Zoning:
General Plan:
N/A
Downtown Overlay:
Downtown Parking Overlay:
Architectural Design Overlay:Yes
N/A
N/A
N/A
Residential Flex Overlay:
N/A
N/A
N/A
Yes
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 16-Feb-2023
Page 1 of 1 84
Subject site as seen from Duarte Road
Aerial Photo showing the existing building and adjacent commercial properties.
Arcadian Retirement Center
(assisted living facility)Office building
USPSSubject site
85
Duarte Road looking west
Duarte Road looking east
Arcadia Hub Shopping Center
Adjacent office building
Subject Site
Arcadia Hub
Shopping
Center
Arcadian Retirement Center
(assisted living facility)Subject Site
Adjacent office building
86
Rear of the existing building
Existing drive-through lane (left of the photo) on the western side of the existing building
87
Attachment No. 3
Attachment No. 3
Architectural Plans
88
PROJECT NAME:
PROJECT ADDRESS:
Resubmittal Of The Entitlements 02-23-2023
2/23/2023 12:22:33 PMC:\Users\UDA system 1\Desktop\Maria\Task 14 Duarte & Baldwin\02-23-2023\Duarte & Baldwin_Resubmital Of Entitlements-02-23-2023.rvt
DUARTE & BALDWIN
747 W. DUARTE ROAD
ARCADIA, CA 91007-7521
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