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HomeMy WebLinkAbout2-28-2023 Agenda PacketCITY OF ARCADIA Arcadia Planning Commission Regular Meeting Agenda Tuesday, February 28, 2023, 6:00 p.m. Pursuant to the Americans with Disabilities Act, persons with a disability who require a disability related modification or accommodation in order to participate in a meeting, including auxiliary aids or services, may request such modification or accommodation from Planning Services at (626) 574-5423. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to the meeting. (626) 574-5423 48 Services Policy, limited-English proficient speakers who require translation services in order to participate in a meeting may request the use of a volunteer or professional translator by contacting the City Cle (626) 574-5455 at least 72 hours prior to the meeting. 626-574-5455 72 CALL TO ORDER ROLL CALL Brad Thompson, Chair Vincent Tsoi, Vice Chair Angela Hui, Commissioner Domenico Tallerico, Commissioner Marilynne Wilander, Commissioner 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 1 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 2 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. 3 Welcome to the Arcadia Planning Commission Meeting! The Planning Commission encourages public participation, and invites you to share your views on City business. MEETINGS: Regular Meetings of the Planning Commission are held on the second and fourth Tuesdays of each month at 7:00 p.m. in the City Council Chambers. A full Planning Commission agenda packet with all backup information is available at City Hall, the Arcadia Publ www.ArcadiaCA.gov. Copies of individual Agenda Reports are available via email upon request (Planning@ArcadiaCA.gov). Documents distributed to a majority of the Planning Commission after the posting of this agenda will be available for review at the Planning Services Office in City Hall, 240 W. Huntington Drive, Arcadia, California. CITIZEN PARTICIPATION: Your participation is welcomed and invited at all Planning Commission meetings. Time is reserved at each regular meeting for those in the audience who wish to address the Planning Commission. The City requests that persons addressing the Planning Commission refrain from making personal, slanderous, profane, or disruptive remarks. When the Chair asks for those who wish to speak please come to the podium and state your name and address for the record. Please provide a copy of any written materials used in your address to the Planning Commission as well as a copy of any printed materials you wish to be distributed to the Planning Commission. MATTERS NOT ON THE AGENDA (5) minutes to address the Planning Commission; however, the Chair, at his/her discretion, may shorten the speaking time limit to allow all speakers time to address the Planning Commission. By State law, the Planning Commission may not discuss or vote on items not on the agenda. The matter will automatically be referred to staff for appropriate action or response, or will be placed on the agenda of a future meeting. PUBLIC HEARINGS AND APPEALS are items scheduled for which public input is either required or desired. Separate and apart from an applicant or appellant (who may speak longer at the discretion of the Planning Commission), speakers shall be limited to (5) minutes per person. The Chair, at his/her discretion, may shorten the speaking time limit to allow all speakers to address the Planning Commission. The applicant or appellant may also be afforded an additional opportunity for rebuttal comments. AGENDA ITEMS: The Agenda contains the regular order of business of the Planning Commission. Items on the Agenda have generally been reviewed and investigated by the City Staff in advance of the meeting so that the Planning Commission can be fully informed about a matter before making its decision. CONSENT CALENDAR: Items listed on the Consent Calendar are considered to be routine by the Planning Commission and may be acted upon by one motion. There will be no separate discussion on these items unless a member of the Planning Commission, Staff, or the public so requests. In this event, the item will be removed from the Consent Calendar and considered and acted on separately. DECORUM: While members of the public are free to level criticism of City policies and the action(s) or proposed action(s) of the Planning Commission or its members, members of the public may not engage in behavior that is disruptive to the orderly conduct of the proceedings, including, but not limited to, conduct that prevents other members of the audience from being heard when it is their opportunity to speak, or which prevents members of the audience from hearing or seeing the proceedings. Members of the public may not threaten any person with physical harm or act in a manner that may reasonably be interpreted as an imminent color, national origin, ancestry, physical handicap, medical condition, marital status, gender, sexual orientation, or age. The Chief of Police, or such member or members of the Police Department, may serve as the Sergeant-at-Arms of the Planning Commission meeting. The Sergeant-at-Arms shall carry out all orders and instructions given by the presiding official for the purpose of maintaining order and decorum at the meeting. Any person who violates the order and decorum of the meeting may be placed under arrest and such person may be prosecuted under the provisions of Penal Code Section 403 or applicable Arcadia Municipal Code section. 4 (Arcadia Public Library) (www.ArcadiaCA.gov) (Planning@ArcadiaCA.gov) (City Hall, 240 W. Huntington Drive, Arcadia, California) (5) (5) 403 5 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. 6 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 7 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 8 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 9 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 10 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 11 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 12 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 13 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 14 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. 15 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 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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 34 35 36 37 38 39 40 41 42 43 44 45 LO T C O V E R A G E S U M M A R Y : TO T A L L A N D S C A P E D A R E A : 2, 5 0 5 S F . 8 9 7 S F . O F ME D I U M W A T E R U S E P L A N T S ( 3 5 . 8 % ) 1 5 2 4 S F . O F LO W W A T E R U S E P L A N T S ( 6 0 . 8 % ) 8 4 S F . O F NO N E W A T E R U S E I N M U L C H ( 3 . 4 % ) HA R D S C A P E I N F R O N T S E T B A C K : 48 2 S F . ( 2 8 . 4 % ) < 4 0 % (T O T A L F R O N T S E T B A C K A R E A : 1 , 7 0 0 S F . ) D DA T E R E V I S I O N S SC A L E DA T E PR O J E C T N O . DR A W N B Y CH E C K E D B Y SH E E T N O . OF 1 S H E E T TWO TREES DESIGN, INC. 626-278-2766 E-mail: 4-UNIT CONDOMINIUM 903-905 SUNSET BLVD. ARCADIA, CA. 91006 10 - 3 0 - 2 0 2 2 CP LANDSCAPE ARCHITECTURAL DESIGN SERVICES CALIFORNIA RLA#5840 1832 SAN DIEGO ST. WEST COVINA, CA. 91790 AS S H O W N P2 2 2 1 CHIAC H E N G P ERNG NO.5 8 4 0 L- 1 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. 52 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 53 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 54 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 55 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 56 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 57 CUP 22-07, ADR 22-08, & PC AM 22-04 February 28, 2023 Page 10 of 1 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: 58 CUP 22-07, ADR 22-08, & PC AM 22-04 February 28, 2023 Page 11 of 1 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 59 CUP 22-07, ADR 22-08, & PC AM 22-04 February 28, 2023 Page 12 of 1 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. 60 CUP 22-07, ADR 22-08, & PC AM 22-04 February 28, 2023 Page 13 of 17 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. 61 CUP 22-07, ADR 22-08, & PC AM 22-04 February 28, 2023 Page 14 of 17 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 62 CUP 22-07, ADR 22-08, & PC AM 22-04 February 28, 2023 Page 15 of 17 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 63 CUP 22-07, ADR 22-08, & PC AM 22-04 February 28, 2023 Page 16 of 17 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 64 CUP 22-07, ADR 22-08, & PC AM 22-04 February 28, 2023 Page 17 of 17 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 65 Attachment No. 1 Attachment No. 1 Resolution No. 2119 66 24347.00004\41049466.1 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. 67 24347.00004\41049466.1 2 NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF ARCADIA HEREBY RESOLVES AS FOLLOWS: SECTION 1. The factual data submitted by the Community Development Division in the staff report dated February 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 68 24347.00004\41049466.1 3 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 69 24347.00004\41049466.1 4 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. 70 24347.00004\41049466.1 5 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. 71 24347.00004\41049466.1 6 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 72 24347.00004\41049466.1 7 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 73 24347.00004\41049466.1 8 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 74 24347.00004\41049466.1 9 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 75 24347.00004\41049466.1 10 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. 76 24347.00004\41049466.1 11 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 77 24347.00004\41049466.1 12 Page Intentionally Left Blank 78 24347.00004\41049466.1 13 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: 79 24347.00004\41049466.1 14 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. 80 24347.00004\41049466.1 15 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 81 24347.00004\41049466.1 16 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 SH E E T SH E E T T I T L E BID SET PERMIT SET REVISION 1 REVISION 2 REVISION 3 REVISION 4 GE N E R A L G0 0 1 G E N E R A L I N F O R M A T I O N G0 0 1 . 2 G E N E R A L I N F O R M A T I O N G0 0 1 A E X I S T I N G B U I L D I N G P H O T O S G0 0 1 B E X T E R I O R R E N D E R E D V I E W S G0 0 2 B L I F E S A F E T Y A N D A C C E S S I B I L I T Y P L A N G0 1 1 S I T E A C C E S S I B I L I T Y DE M O L I T I O N D1 0 1 D E M O L I T I O N F L O O R P L A N D1 0 2 D E M O L I T I O N F L O O R P L A N D2 0 1 D E M O R O O F P L A N LA N D S C A P I N G L0 0 1 L A N D S C A P E P A L L E T T E L1 0 1 L A N D S C A P E P L A N L1 0 2 L A N D S C A P E P L A N D I M E N S I O N S L2 0 1 L A N D S C A P E D E T A I L S AR C H I T E C T U R A L A0 0 1 A R C H I T E C T U R A L O V E R A L L S I T E P L A N A0 0 1 A A R C H I T E C T U R A L S I T E P L A N A0 1 0 T R A S H E N C L O S U R E A0 1 0 A A1 0 1 B U I L D I N G F L O O R P L A N A1 0 2 B U I L D I N G F L O O R P L A N A1 0 3 B U I L D I N G R O O F P L A N A2 0 1 B U I L D I N G E X T E R I O R E L E V A T I O N S A2 0 2 B U I L D I N G E X T E R I O R E L E V A T I O N S Re v i s i o n S c h e d u l e Re v D a t e B y De s c r i p t i o n 89