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Home My WebLink About4-25-23 Agenda PacketCITY OF ARCADIA Arcadia Planning Commission Regular Meeting Agenda Tuesday, April 25, 2023, 7:00 p.m. Pursuant to the Americans with Disabilities Act, persons with a disability who require a disability related modification or accommodation in order to participate in a meeting, including auxiliary aids or services, may request such modification or accommodation from Planning Services at (626) 574-5423. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to the meeting. (626) 574-5423 48 Pursuant to the City of Arcadia’s Language Access Services Policy, limited-English proficient speakers who require translation services in order to participate in a meeting may request the use of a volunteer or professional translator by contacting the City Clerk’s Office at (626) 574-5455 at least 72 hours prior to the meeting. 626-574-5455 72 CALL TO ORDER ROLL CALL Brad Thompson, Chair Vincent Tsoi, Vice Chair Angela Hui, Commissioner Domenico Tallerico, Commissioner Marilynne Wilander, Commissioner SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS PUBLIC COMMENTS (5 minute time limit per person) Each speaker is limited to five (5) minutes per person, unless waived by the Planning Commission. Under the Brown Act, the Commission or Board Members are prohibited from discussing or taking action on any item not listed on the posted agenda. PUBLIC HEARING All interested persons are invited to appear at a public hearing and to provide evidence or testimony concerning any of the proposed items set forth below for consideration. Separate and apart from the applicant (who may speak longer in the discretion of the Commission) speakers shall be limited to five (5) minutes per person. The applicant may additionally submit rebuttal comments, at the discretion of the Commission. You are hereby advised that should you desire to legally challenge in court or in an administrative proceeding any action taken by the City Council regarding any public hearing item, you may be 1 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. 2126 – Approving Multiple Family Architectural Design Review No. MFADR 22-08, Tentative Tract Map No. TTM 23-01 (84023), and a Diseased Tree Removal No. TRD 23-08 for an eight-unit, Contemporary style, multi-family residential condominium development and the removal of a diseased protected Camphor tree at 826-830 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, May 8, 2023. 2. Resolution No. 2123 – Approving Conditional Use Permit No. CUP 23-01 for the sale of beer, wine, and liquor within the existing specialty market store (DBA: Hey Den Market) located at 1304 S. Baldwin Avenue CEQA: Exempt Recommendation: Adopt Applicant: Calvin Chan There is a ten day appeal period. Appeals are to be filed by 5:30 p.m. on Monday, May 8, 2023. 3. Resolution No. 2125 – Approving Conditional Use Permit No. CUP 23-02 to allow a tutoring center with up to 45 students at 22 E. Duarte Road CEQA: Exempt Recommendation: Adopt Applicant: Eileen Wang There is a ten day appeal period. Appeals are to be filed by 5:30 p.m. on Monday, May 8, 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 April 11, 2023, Regular Meeting of the Planning Commission Recommendation: Approve MATTERS FROM CITY COUNCIL LIASION MATTERS FROM PLANNING COMMISSIONERS MATTERS FROM ASSISTANT CITY ATTORNEY MATTERS FROM STAFF INCLUDING UPCOMING AGENDA ITEMS 2 ADJOURNMENT The Planning Commission will adjourn this meeting to Tuesday, April 25, 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 Public Library, and on the City’s website at www.ArcadiaCA.gov. Copies of individual Agenda Reports are available via email upon request (Planning@ArcadiaCA.gov). Documents distributed to a majority of the Planning Commission after the posting of this agenda will be available for review at the Planning Services Office in City Hall, 240 W. Huntington Drive, Arcadia, California. CITIZEN PARTICIPATION: Your participation is welcomed and invited at all Planning Commission meetings. Time is reserved at each regular meeting for those in the audience who wish to address the Planning Commission. The City requests that persons addressing the Planning Commission refrain from making personal, slanderous, profane, or disruptive remarks. When the Chair asks for those who wish to speak please come to the podium and state your name and address for the record. Please provide a copy of any written materials used in your address to the Planning Commission as well as a copy of any printed materials you wish to be distributed to the Planning Commission. MATTERS NOT ON THE AGENDA should be presented during the time designated as “PUBLIC COMMENTS.” In general, each speaker will be given (5) minutes to address the Planning Commission; however, the Chair, at his/her discretion, may shorten the speaking time limit to allow all speakers time to address the Planning Commission. By State law, the Planning Commission may not discuss or vote on items not on the agenda. The matter will automatically be referred to staff for appropriate action or response, or will be placed on the agenda of a future meeting. PUBLIC HEARINGS AND APPEALS are items scheduled for which public input is either required or desired. Separate and apart from an applicant or appellant (who may speak longer at the discretion of the Planning Commission), speakers shall be limited to (5) minutes per person. The Chair, at his/her discretion, may shorten the speaking time limit to allow all speakers to address the Planning Commission. The applicant or appellant may also be afforded an additional opportunity for rebuttal comments. AGENDA ITEMS: The Agenda contains the regular order of business of the Planning Commission. Items on the Agenda have generally been reviewed and investigated by the City Staff in advance of the meeting so that the Planning Commission can be fully informed about a matter before making its decision. CONSENT CALENDAR: Items listed on the Consent Calendar are considered to be routine by the Planning Commission and may be acted upon by one motion. There will be no separate discussion on these items unless a member of the Planning Commission, Staff, or the public so requests. In this event, the item will be removed from the Consent Calendar and considered and acted on separately. DECORUM: While members of the public are free to level criticism of City policies and the action(s) or proposed action(s) of the Planning Commission or its members, members of the public may not engage in behavior that is disruptive to the orderly conduct of the proceedings, including, but not limited to, conduct that prevents other members of the audience from being heard when it is their opportunity to speak, or which prevents members of the audience from hearing or seeing the proceedings. Members of the public may not threaten any person with physical harm or act in a manner that may reasonably be interpreted as an imminent threat of physical harm. All persons attending the meeting are expected to adhere to the City’s policy barring harassment based upon a person’s race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, gender, sexual orientation, or age. The Chief of Police, or such member or members of the Police Department, may serve as the Sergeant-at-Arms of the Planning Commission meeting. The Sergeant-at-Arms shall carry out all orders and instructions given by the presiding official for the purpose of maintaining order and decorum at the meeting. Any person who violates the order and decorum of the meeting may be placed under arrest and such person may be prosecuted under the provisions of Penal Code Section 403 or applicable Arcadia Municipal Code section. 4 (Arcadia Public Library) (www.ArcadiaCA.gov) (Planning@ArcadiaCA.gov) (City Hall, 240 W. Huntington Drive, Arcadia, California) “” (5) (5) “” “” 403 5 DATE: April 25, 2023 TO: Honorable Chairman and Planning Commission FROM: Lisa L. Flores, Deputy Development Services Director Prepared By: Alison MacCarley, Assistant Planner SUBJECT: RESOLUTION NO. 2126 - APPROVING MULTIPLE FAMILY ARCHITECTURAL DESIGN REVIEW NO. MFADR 22-08, TENTATIVE TRACT MAP NO. TTM 23-01 (84023), AND A DISEASED TREE REMOVAL NO. TRD 23-08 FOR AN EIGHT-UNIT, CONTEMPORARY STYLE, MULTI-FAMILY RESIDENTIAL CONDOMINIUM DEVELOPMENT AND THE REMOVAL OF A DISEASED PROTECTED CAMPHOR TREE AT 826-830 SUNSET BOULEVARD CEQA: Exempt Recommendation: Adopt SUMMARY The Applicant, Eric Tsang, on behalf of the property owner, 828 Sunset LLC, is requesting approval of Multiple Family Architectural Design Review No. MFADR 22-08, Tentative Tract Map No. TTM 23-01 (84023), and Diseased Tree Removal Permit No. TRD 23-08 for an eight (8) unit, three-story, Contemporary style multi-family residential condominium development, and the removal of a protected Camphor tree that is diseased in the front yard area at 826-830 Sunset Boulevard. The proposed development and Development Code, and Subdivision Map Act. It is recommended that the Planning Commission adopt Resolution No. 2126 (refer to Attachment No. 1) and find that the Project is Categorically Exempt under CEQA and approve Multiple Family Architectural Design Review No. MFADR 22- 08, Tentative Tract Map No. TTM 23-01 (84023), and Diseased Tree Removal Permit No. TRD 23-08, subject to the conditions listed in this staff report. BACKGROUND The subject site consists of two parcels: 826 Sunset Boulevard which is a 5,900 square foot lot and 830 Sunset Boulevard which is 9,292 square foot lot. The combined square footage of both lots will be 15,192 square feet. The interior lots are located on the east 6 Resolution No. 2126 - MFADR 22-08, TTM 23-01 (84023) &TRD 23-08 826-830 Sunset Boulevard April 25, 2023 Page 2 of 14 side of Sunset Boulevard, between Okoboji Drive and Fairview Avenue with a shared driveway between them. 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. Each of the lots are currently improved with two, single-story, detached residential structures. At 830 Sunset, the front unit was built in 1928 (830 Sunset Boulevard) and the rear unit was built in 1963 (832 Sunset Boulevard). At 826 Sunset, the front unit was built in 1940 (826 Sunset) and the rear unit was built in 1961 (828 Sunset) refer to Attachment No. 2 for an Aerial photo with Zoning Information and Photos of the Subject Properties and Figure 1. Based on the evaluation by an Architectural Historian, the properties do not meet any of the minimum requirements for designation as a historical resource under federal, state and local criteria. The residences are not a good example of any particular architectural style and are not representative of or associated with any important historical events or people. The structures have not yet been demolished for residential projects, which requires approval of a new project prior to demolition of the structures on site. PROPOSAL The Applicant is requesting to demolish all four structures on the properties, merge the two properties together, and to construct eight (8) new condominium units that will be three-stories with garage parking at grade level refer to Attachment No. 3 for the Tentative Tract Map and Attachment No. 4 for the proposed Architectural Plans. The proposed architectural style will be Contemporary. 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 Figure 1 Existing Residences at 826 and 830 Sunset Bouvard 7 Resolution No. 2126 - MFADR 22-08, TTM 23-01 (84023) &TRD 23-08 826-830 Sunset Boulevard April 25, 2023 Page 3 of 14 homes such as neutral toned stucco, tile roofing, clean lines, and stone veneer (see Figure 2). Units 1,4,5, and 8 will consist of 1,660 square feet in floor area and contain three (3) bedrooms per unit. Units 2,3,6, and 7 will consist of 1,666 square feet in floor area and contain three (3) bedrooms per unit. Each of the units will have pedestrian access off of Sunset Boulevard through a walkway on each side of the property. -car garage that will be accessed from the shared driveway the divides the property in the middle. Each of the garages will meet the required - The site will also comply with the minimum guest parking spaces of four (4) parking spaces, and a bike rack for two (2) spaces will be located on the south side of the property adjacent to the guest parking. Figure 2 826-830 Sunset Blvd. Rendering 8 Resolution No. 2126 - MFADR 22-08, TTM 23-01 (84023) &TRD 23-08 826-830 Sunset Boulevard April 25, 2023 Page 4 of 14 The proposed development will have an overall building height of 33 maximum allowed height 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 areas along the south side of the property, and both rear corners. All existing landscaping on site will be removed to allow for the project. The project includes the removal of one diseased (1) Camphor tree within the front yard setback at 830 Sunset Boulevard. 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 six (6) units and a maximum of ten (10) units for the subject site; therefore, the proposed eight (8) 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. 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 Contemporary 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 stone veneer which will be used to accent some exterior walls as well khaki brown vertical siding and brown horizontal molding. The roof would consist of grey colored roofing tiles. The proposed Contemporary 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 with complimentary stone veneer, pitched roof, clean lines, Figure 3 Site Plan N 9 Resolution No. 2126 - MFADR 22-08, TTM 23-01 (84023) &TRD 23-08 826-830 Sunset Boulevard April 25, 2023 Page 5 of 14 and articulation between the different stories. All of these elements help 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. The massing and scale of this project will be compatible with the other multi-family developments found within this immediate 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. In fact, it will be at the same height as the new three-story multi-family building that was recently approved nearby at 903 Sunset Boulevard by the Planning Commission at its February 28, 2023 meeting. The proposed project will be compatible with the other multi-family developments within the vicinity even with the two-story developments that have building heights at approximately -. Additionally, there will be landscaping that would provide a buffer between the subject property and the single-story homes to the south and a minimum of 10 feet setback from all the adjacent properties The landscape buffers will include tall hedges to provide screening in the rear and additional landscaping shrubs on the sides to the adjacent properties on the sides. Therefore, the proposed development Figure 4 - Elevations Rear and side Street and Driveway Elevations 10 Resolution No. 2126 - MFADR 22-08, TTM 23-01 (84023) &TRD 23-08 826-830 Sunset Boulevard April 25, 2023 Page 6 of 14 and subdivision of condominiums would 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. Tree Removal The Applicant is requesting to remove a total of one (1) protected diseased Camphor tree on site. The tree is located in the front setback at the south-west corner at 830 Sunset Boulevard and has a trunk diameter of 30 inches. Due to its species, location and size, the However, the Certified Arborist found that the tree has been severely topped, the tree has root and fungus infestation, and that the canopy is composed of trunk sprouts which is an indicator of severe stress of the tree. As a result, the tree is in poor health as noted in the Arborist Report refer to Attachment 5 of the Arborist Report. In this case, there is sufficient justification for the removal of the tree. As a remedial measure, the project will be subject to Condition No. 4, which requires that two (2) replacement trees be planted as part of the project. The Applicant is proposing to plant a total of three (3) 36-inch Bay Laurel trees along the front and side yards in order to meet and exceed the required replacement trees. FINDINGS Tentative Tract Map The proposal to subdivide the airspace for eight (8) residential condominium units requires a subdivision through the Tentative tract map process see Attachment No. 3 for Tentative Tract Map No. TTM 23-01 (84023). 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 tract map: A. The proposed map, subdivision design, and improvements are consistent with the General Plan, any applicable specific plan, and the Subdivisions Division of the Development Code. Facts in Support of the Finding: The proposed tentative tract map for an eight (8) unit multi-family residential condominium development and subdivision of the 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 tract map complies with the Subdivision Map Act regulations, and there is no specific plan applicable to this 11 Resolution No. 2126 - MFADR 22-08, TTM 23-01 (84023) &TRD 23-08 826-830 Sunset Boulevard April 25, 2023 Page 7 of 14 Project. The site is physically suitable for this type of development, and the approval of the architectural design for the development 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 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 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 new lot area of 15,192 square feet, a minimum of six (6) units and a maximum of ten (10) units can be developed at this site. Therefore, the proposed eight (8) 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 eight (8) 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 tract map for eight (8) multi-family residential units is a subdivision of an infill site within an urbanized area and does not serve as a habitat for endangered or rare species. The Project 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 eight (8) 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 12 Resolution No. 2126 - MFADR 22-08, TTM 23-01 (84023) &TRD 23-08 826-830 Sunset Boulevard April 25, 2023 Page 8 of 14 development. Therefore, the Project 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: There is an existing five-foot wide easement for utility purposes at the rear of both properties. The proposed design of the subdivision does not conflict with the existing easement, as acquired by the public at large for access through or use of property within the proposed subdivision. 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 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 public agency having jurisdiction by law. Facts in Support of the Finding: The proposed design of the multi-family development is in conformance with , as all development standards are being met, and all of the improvements required for the site and each unit would Code. Architectural Design Review The proposed development is located within the High Density Residential (R-3) Zone, which is intended to provide a variety of medium to high density residential developments. The proposed design of the eight (8) unit condominium project is compatible with existing multi-family developments in the surrounding neighborhood in terms of design, massing, and scale. The proposed Contemporary architectural style 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, stone veneer, and decorative brown molding, are consistent with developments in the vicinity that have similar features. Additionally, the 13 Resolution No. 2126 - MFADR 22-08, TTM 23-01 (84023) &TRD 23-08 826-830 Sunset Boulevard April 25, 2023 Page 9 of 14 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 around -. In addition, another three-story multi-family project height was recently approved across the street in February, 2023. The proposed buildings have articulation on all facades, providing visual interest and reducing massing. The proposed design is therefore -family Residential Design Guidelines. All City requirements regarding disabled access and facilities, occupancy limits, building safety, health code compliance, emergency equipment, environmental regulation compliance, and parking and site design shall be complied with by the property owner/Applicant to the satisfaction of the Building Official, City Engineer, Deputy Development Services Director, Fire Marshal, and Public Works Services Director, or their respective designees. ENVIRONMENTAL ASSESSMENT It has been determined that the project site is less than five (5) acres; the project site has no value as a habitat for endangered, rare or threatened species; the proposed project 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 April 13, 2023. As of April 25, 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 22-08, Tentative Tract Map No. TTM 23-01 (84023), and Protected Diseased Tree Removal Permit No. TRD 23-08, subject to the following conditions, find that the project is Categorically Exempt from the California Environmental Quality Act (CEQA), and adopt Resolution No. 2126, subject to the following conditions of approval: 1. The project shall be developed and maintained by the Applicant/Property Owner in a manner that is consistent with the plans submitted and conditionally approved for MFADR 22-08, TTM 23-01 (84023), and TRD 23-08, subject to the approval of the Deputy Development Services Director, or designee. 14 Resolution No. 2126 - MFADR 22-08, TTM 23-01 (84023) &TRD 23-08 826-830 Sunset Boulevard April 25, 2023 Page 10 of 14 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 be subject to review and approval by the Deputy Development Services Director, or designee. 3. All windows shall be recessed a minimum of two (2) inches from the building wall. A construction detail indicating the 2-inch recess shall be included on the plans submitted to the Building Division for plan check. 4. A total of three (3) 36-inch box trees shall be planted on the subject property as replacement trees, and all three trees shall be planted within the side yard and/or front yard area, as recommended by the Certified Arborist. The trees shall be shown on the final landscape plan that is submitted to Building Services for plan check, subject to review by the Deputy Development Services Director, or designee, to ensure compliance with this condition. 5. 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 6. The project shall comply with Chapter 35A Multiple Family Construction Standards as amended in the Arcadia Municipal Code Section 8130.20. 7. 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. 8. A grading plan shall be prepared by a registered civil engineer and approved by the City prior to issuance of a building permit. The grading plans shall indicate all on- and off-site improvements and shall indicate complete drainage paths of all drainage water run-off. 9. A demolition permit shall be obtained from Building Services prior to the removal and/or demolition of the structures on site. 10. Prior to approval of the Tract Map, the Applicant/Property Owner shall: 15 Resolution No. 2126 - MFADR 22-08, TTM 23-01 (84023) &TRD 23-08 826-830 Sunset Boulevard April 25, 2023 Page 11 of 14 a. Submit a separate demolition and erosion control plan prepared by a registered civil engineer. b. Remove and replace existing sidewalk, curb and gutter along the property frontage of Sunset Blvd. c. Remove existing driveway approaches and construct new approaches per City Standard 801-1 with ADA access around approach. d. Coordinate with the Engineering Division on the relocation and installation of a new streetlight. 11. The Applicant/Property owner shall submit a Low Impact Development (LID) plan for this project, and it 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. Prior to receiving a Certificate of Occupancy, the Applicant/Property Owner shall repair any damages caused by the development to the asphalt street frontages from property line to property line including but not limited to trench cuts and construction traffic, as determined by the City Engineer and Streets Superintendent. 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. A separate water service and meter shall be required for common area landscape irrigation. A reduced pressure backflow device shall be installed. 16. Fire protection requirements shall be as stipulated by the Arcadia Fire Department and shall be conformed to Arcadia Standard Plan. A separate fire service with Double Check Detector Assembly (DCDA) shall be installed for fire service if required. 17. 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. 18. New water service installations shall be by the Applicant/Property Owner. Installation shall be according to the specifications of the Public Works Services Department, Engineering Section. Abandonment of existing water services, if necessary, shall be by the Applicant/Property Owner, according to Public Works Services Department. 16 Resolution No. 2126 - MFADR 22-08, TTM 23-01 (84023) &TRD 23-08 826-830 Sunset Boulevard April 25, 2023 Page 12 of 14 19. Vitrified Clay Pipe (VCP) sewer line is available on Sunset Boulevard to provide sanitary sewer service for the project. The Applicant/Property Owner shall utilize the existing sewer lateral, if possible. If they are any changes to the existing sewer lateral, the Applicant/Property Owner shall obtain approval from the Los Angeles County Sanitation District to connect to the exiting sewer main prior to commencing work any work, and an encroachment permit from City of Arcadia. 20. If any drainage fixture elevation is lower than the elevation of next upstream manhole ired to be installed on the lateral at the right-of- way and it shall be reviewed and approved by the Public Works Department prior to issuance of a building permit. 21. The Applicant/Property Owner shall remove the existing Camphor tree in the parkway and plant one (1) 36" box Chinese Fringe tree with a permit from Public Works Department prior to the issuance of a Certificate of Occupancy. The location of the new street tree is to be determined by the Public Works Inspector. 22. All structures shall be provided with an automatic fire sprinkler system per the City of Arcadia Fire Department Single & Multi-Family Dwelling Sprinkler Standard. 23. The pedestrian and vehicle entry gate shall be openable without a key or special knowledge. A knox box shall be provided adjacent to one of the gates. 24. 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. 25. 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, 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 MFADR 22-08, TTM 23-01 (84023), and TRD 23-08 ntractors, agents, tenants, development and/or construction of the Project. This indemnity provision applies to all 17 Resolution No. 2126 - MFADR 22-08, TTM 23-01 (84023) &TRD 23-08 826-830 Sunset Boulevard April 25, 2023 Page 13 of 14 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 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/Property Owner shall replenish the deposit each and every time in order for nue working on the matter. The City shall only refund to the Applicant/Property Owner 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. 26. Approval of for Multiple Family Architectural Design Review No. MFADR 22-08, Tentative Tract Map No. TTM 23-01 (84023), and Diseased Tree Removal No. TRD 23-08 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 22-08, Tentative Tract Map No. TTM 23-01 (84023), and Protected Diseased Tree Removal Permit No. TRD 23- 08 and state that the proposal satisfies the requisite findings, and adopt the attached Resolution No. 2126 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. 18 Resolution No. 2126 - MFADR 22-08, TTM 23-01 (84023) &TRD 23-08 826-830 Sunset Boulevard April 25, 2023 Page 14 of 14 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 22-08, Tentative Tract Map No. TTM 23-01 (84023), and Diseased Tree Removal Permit No. TRD 23-08 and direct staff to prepare a resolution for adoption at the next meeting that incorporates the Commission . If any Planning Commissioner, or other interested party has any questions or comments regarding this matter prior to the April 25, 2023, Planning Commission Meeting, please contact Assistant Planner, Alison MacCarley, at (626) 547- 5447, or amaccarley@ArcadiaCA.com. Approved: Lisa L. Flores Deputy Development Services Director Attachment No. 1: Resolution No. 2126 Attachment No. 2: Aerial Photo with Zoning Information and Photos of the Subject Property and Vicinity Attachment No. 3: Tentative Tract Map No. TTM 23-01 (84023) Attachment No. 4: Architectural Plans Attachment No. 5: Arborist Reported Dated March 13, 2023 Attachment No. 6: Preliminary Exemption Assessment 19 Attachment No. 1 Attachment No. 1 Resolution No. 2126 20 RESOLUTION NO. 2126 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING MULTIPLE FAMILY ARCHITECTURAL DESIGN REVIEW NO. MFADR 22-08, TENTATIVE TRACT MAP NO. TTM 23-01 (84023), AND A DISEASED TREE REMOVAL NO. TRD 23-08 FOR AN EIGHT-UNIT, CONTEMPORARY STYLE, MULTI-FAMILY RESIDENTIAL CONDOMINIUM AND THE REMOVAL OF A DISEASED PROTECTED CAMPHOR TREE AT 826- 830 SUNSET BOULEVARD WHEREAS, on September 16, 2022, applications for Multiple Family Architectural Design Review No. MFADR 22-08, Tentative Tract Map No. TTM 23-01 (84023), and a Diseased Tree Removal No. TRD 23-08 were filed by Eric Tsang on behalf of the property owner, 828 Sunset LLC, for four (4) detached buildings with two (2) units each for a total of eight (8) units, three-story, Contemporary style multi-family residential condominium development, a tentative tract map subdivision, and removal of a protected Camphor tree that is diseased in the front yard setback at 826-830 Sunset Boulevard (collectively, “Project”); and WHEREAS, on April 5, 2023, Planning Services completed an environmental assessment for the Project in accordance with the California Environmental Quality Act (“CEQA”), and recommends that the Planning Commission determine the Project is exempt under CEQA per Section 15332 of the CEQA Guidelines because the Project is considered an in-fill development project; and WHEREAS, on April 25, 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. 21 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 April 25, 2023, are true and correct. SECTION 2. This Commission finds, based upon the entire record: A. The proposed map, subdivision design, and improvements are consistent with the General Plan, any applicable specific plan, and the Subdivisions Division of the Development Code: FACT: The proposed tentative tract map for an eight (8) 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 tract 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 development 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 22 3 Policy LU-1.1: Promote new infill and redevelopment projects that are consistent with the City’s land use and compatible with surrounding existing uses. Policy LU-4.1: Require that new multi-family residential development be visually and functionally integrated and consistent in scale, mass, and character with structures in the surrounding neighborhood. Policy LU-4.2: Encourage residential development that enhances the visual character, quality, and uniqueness of the City’s neighborhoods and districts. B. The site is physically suitable for the type and proposed density of development: FACT: The R-3 Zone requires a minimum density of one dwelling unit per 2,200 square feet of lot area, and a maximum density of one unit per 1,450 square feet of lot area. Based on the new lot area of 15,192 square feet, a minimum of six (6) units and a maximum of ten (10) units can be developed at this site. Therefore, the proposed eight (8) 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 eight (8) unit multi-family residential development. C. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat: FACT: The proposed tentative tract map for eight (8) multi-family residential units is a subdivision of an infill site within an urbanized area and does not serve as a habitat 23 4 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: FACT: The proposed subdivision is to subdivide the airspace of eight (8) 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 Project 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 the review authority to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision): FACT: There is an existing five-foot wide easement for utility purposes at the rear of both properties. The proposed design of the subdivision does not conflict with the existing easement, as acquired by the public at large for access through or use of property within the proposed subdivision. F. The discharge of sewage from the proposed subdivision into the community sewer system will not result in violation of existing requirements specified by the California Regional Water Quality Control Board: 24 5 FACT: 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: FACT: The proposed design of the multi-family development is in conformance with the City’s Development Code, as all development standards are being met, and all of the improvements required for the site and each unit would comply with the regulations in the City’s Development Code. H. The proposal is consistent with the City’s Multifamily Residential Design Guidelines: FACT: The proposed development is located within the High Density Residential (R-3) Zone, which is intended to provide a variety of medium to high density residential developments. The proposed design of the eight (8) unit condominium project is compatible with existing multi-family developments in the surrounding neighborhood in terms of design, massing, and scale. The proposed Contemporary architectural style 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, stone veneer, and decorative brown molding, 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 25 6 existing multi-family developments, despite being two-stories, are around 30’ 0” in height. In addition, another three-story multi-family project at 33’ in height was recently approved across the street in February, 2023. The proposed buildings have articulation on all facades, providing visual interest and reducing massing. The proposed design is therefore consistent with the City’s Multi-family Residential Design Guidelines. SECTION 3. Pursuant to the provisions of the California Environmental Quality Act (“CEQA”), this Project is a Class 32 Categorical Exemption as an infill-development project per Section 15332 of the CEQA Guidelines. SECTION 4. For the foregoing reasons the Planning Commission determines that the Project is Categorically Exempt under the California Environmental Quality Act (“CEQA”) Section 15332, Class 32, and approves Multiple Family Architectural Design Review No. MFADR 22-08, Tentative Tract Map No. TTM 23-01 (84023), and Diseased Tree Removal Permit No. TRD 23-08 for an eight (8) unit multi-family residential condominium development at 826-830 Sunset Boulevard, subject to the conditions of approval attached hereto. SECTION 5. The Secretary shall certify to the adoption of this Resolution. 26 7 Passed, approved and adopted this 25th day of April, 2023. Brad Thompson Chair, Planning Commission ATTEST: Lisa L. Flores Secretary APPROVED AS TO FORM: Michael J. Maurer City Attorney 27 8 Page Intentionally Left Blank 28 9 RESOLUTION NO. 2126 Conditions of Approval 1. The project shall be developed and maintained by the Applicant/Property Owner in a manner that is consistent with the plans submitted and conditionally approved for MFADR 22-08, TTM 23-01 (84023), and TRD 23-08, 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 be subject to review and approval by the Deputy Development Services Director, or designee. 3. All windows shall be recessed a minimum of two (2) inches from the building wall. A construction detail indicating the 2-inch recess shall be included on the plans submitted to the Building Division for plan check. 4. A total of three (3) 36-inch box trees shall be planted on the subject property as replacement trees, and all three trees shall be planted within the side yard and/or front yard area, as recommended by the Certified Arborist. The trees shall be shown on the final landscape plan that is submitted to Building Services for plan check, subject to review by the Deputy Development Services Director, or designee, to ensure compliance with this condition. 5. 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 6. The project shall comply with Chapter 35A Multiple Family Construction Standards as amended in the Arcadia Municipal Code Section 8130.20. 7. 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. 8. A grading plan shall be prepared by a registered civil engineer and approved by the City prior to issuance of a building permit. The grading plans shall indicate all on- 29 10 and off-site improvements and shall indicate complete drainage paths of all drainage water run-off. 9. A demolition permit shall be obtained from Building Services prior to the removal and/or demolition of the structures on site. 10. Prior to approval of the Tract Map, the Applicant/Property Owner shall: a. Submit a separate demolition and erosion control plan prepared by a registered civil engineer. b. Remove and replace existing sidewalk, curb and gutter along the property frontage of Sunset Blvd. c. Remove existing driveway approaches and construct new approaches per City Standard 801-1 with ADA access around approach. d. Coordinate with the Engineering Division on the relocation and installation of a new streetlight. 11. The Applicant/Property owner shall submit a Low Impact Development (LID) plan for this project, and it 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. Prior to receiving a Certificate of Occupancy, the Applicant/Property Owner shall repair any damages caused by the development to the asphalt street frontages from property line to property line including but not limited to trench cuts and construction traffic, as determined by the City Engineer and Streets Superintendent. 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. A separate water service and meter shall be required for common area landscape irrigation. A reduced pressure backflow device shall be installed. 30 11 16. Fire protection requirements shall be as stipulated by the Arcadia Fire Department and shall be conformed to Arcadia Standard Plan. A separate fire service with Double Check Detector Assembly (DCDA) shall be installed for fire service if required. 17. 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. 18. New water service installations shall be by the Applicant/Property Owner. Installation shall be according to the specifications of the Public Works Services Department, Engineering Section. Abandonment of existing water services, if necessary, shall be by the Applicant/Property Owner, according to Public Works Services Department. 19. An 8” Vitrified Clay Pipe (VCP) sewer line is available on Sunset Boulevard to provide sanitary sewer service for the project. The Applicant/Property Owner shall utilize the existing sewer lateral, if possible. If they are any changes to the existing sewer lateral, the Applicant/Property Owner shall obtain approval from the Los Angeles County Sanitation District to connect to the exiting sewer main prior to commencing work any work, and an encroachment permit from City of Arcadia. 20. If any drainage fixture elevation is lower than the elevation of next upstream manhole cover (539.981’), an approved type of backwater valve is required to be installed on the lateral at the right-of- way and it shall be reviewed and approved by the Public Works Department prior to issuance of a building permit. 21. The Applicant/Property Owner shall remove the existing Camphor tree in the parkway and plant one (1) 36" box Chinese Fringe tree with a permit from Public Works Department prior to the issuance of a Certificate of Occupancy. The location of the new street tree is to be determined by the Public Works Inspector. 22. All structures shall be provided with an automatic fire sprinkler system per the City of Arcadia Fire Department Single & Multi-Family Dwelling Sprinkler Standard. 23. The pedestrian and vehicle entry gate shall be openable without a key or special knowledge. A knox box shall be provided adjacent to one of the gates. 24. 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. 31 12 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 22-08, TTM 23-01 (84023), and TRD 23-08 (“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/Property Owner 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 Applicant/Property Owner 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. Approval of for Multiple Family Architectural Design Review No. MFADR 22-0 , Tentative Tract Map No. TTM 23-01 (84023), and Diseased Tree Removal No. TRD 08 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 32 13 submitted to the Development Services Department is to indicate awareness and acceptance of the conditions of approval. ---- 33 Attachment No. 2 Attachment No. 2 Aerial Photo with Zoning Information and Photos of the Subject Property and Vicinity 34 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 1963 772 2 Property Owner Site Address:830 SUNSET BLVD Parcel Number: 5783-007-007 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 05-Apr-2023 Page 1 of 1 35 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 1940 525 2 Property Owner Site Address:826 SUNSET BLVD Parcel Number: 5783-007-075 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 05-Apr-2023 Page 1 of 1 36 Attachment No. 3 Attachment No. 3 Tentative Tract Map No. TTM 23-01 (84023) 37 38 Attachment No. 4 Attachment No. 4 Architectural Plans 39 40 41 42 43 44 45 Attachment No. 5 Attachment No. 5 Arborist Reported Dated March 13, 2023 46 Prepared for: Eric Tsang Architects 440 E Huntington Dr. Suite 356 Arcadia, CA 91006 March 13, 2023 Prepared by: Javier Cabral Consulting Arborist International Society of Arborists # WE- 8116A 1390 El Sereno Ave Pasadena, California 91103 (626)818-8704 jctcabral@sbcglobal.net Eric Tsang 826-830 Sunset Blvd. Arcadia, CA 91007 March 13, 2023 Javier Cabral / Consulting Arborist Pg. # 1 ISA Certified Arborist Dec 31, 2025 47 Summary ------------------------------------------------------------------- pg. 3 Background and assignment Summary -------------------------------- pg. 3 Site Conditions & Google Earth Image ------------------------------- pg. 4 List Inventory ------------------------------------------------------------- pg. 5 Site Plan With Trees------------------------------------------------------ pg. 6 & 7 Tree Pictures -------------------------------------------------------------- pg. 8 thru 14 Tree # 1 Removal Application ----------------------------------------- pg. 15 thru 16 Arborist Signature Page ------------------------------------------------- pg. 17 Certificate Of Performance ---------------------------------------------- pg. 18 Eric Tsang 826-830 Sunset Blvd. Arcadia, CA 91007 March 13, 2023 Javier Cabral / Consulting Arborist Pg. # 2 48 Mr. Tsang, You have retained my consulting arborist services to provide a tree inventory and tree protection plan for the property described as 826-830 Sunset Blvd. Arcadia, CA 91006. You are in the planning and permitting stages of constructing 8 new units on the property. Mr. Tsang has requested that I provide the following arboricultural services. 1) Identify all trees on the property and label them on the architectural drawings as provided to the arborist by Mr. Eric Tsang. 2) Evaluate the current health of the trees and make recommendations based on their health 3) Provide a protection plan for all protected trees. The following report is based on my site visit on March 11, 2023 and my analysis of the trees, site plan, and the surrounding landscape. For the purpose of this report I will address these trees as on-site Trees # 1 thru 8. Eric Tsang 826-830 Sunset Blvd. Arcadia, CA 91007 March 13, 2023 Javier Cabral / Consulting Arborist Pg. # 3 49 (4) one-story single-family units currently exist on this property located at 826-830 Sunset Blvd. Arcadia, CA 91006. There is a total of (8) trees on site, of which (1) is protected by the City of Arcadia Tree Protection Ordinance. No off-site trees are expected to be impacted. Google Earth Image Eric Tsang 826-830 Sunset Blvd. Arcadia, CA 91007 March 13, 2023 Javier Cabral / Consulting Arborist Pg. # 4 50 A) - Healthy, vigorous tree, reasonably free of disease, with good structure and form typical of the species. B) - A tree with slight decline in vigor, small amount of twig dieback, minor structural defects that could be corrected. C) - A tree with moderate vigor, moderate twig and small branch dieback, thinning crown, poor leaf color, moderate structural defects that might be mitigated. D) A tree in decline, epicormics growth, extensive dieback of medium to large branches, significant structural defects that cannot be abated. F) A tree in severe decline, dieback of scaffold branches and or trunk, mostly epicormics growth, extensive structural defects that cannot be abated. List Inventory Pg. 1 Eric Tsang 826-830 Sunset Blvd. Arcadia, CA 91007 March 13, 2023 Javier Cabral / Consulting Arborist Pg. # 5 51 Site Plan With Trees (full scale) Eric Tsang 826-830 Sunset Blvd. Arcadia, CA 91007 March 13, 2023 Javier Cabral / Consulting Arborist Pg. # 6 52 Site Plan With Trees (Cropped) Eric Tsang 826-830 Sunset Blvd. Arcadia, CA 91007 March 13, 2023 Javier Cabral / Consulting Arborist Pg. # 7 53 Tree # 1 (facing north) Eric Tsang 826-830 Sunset Blvd. Arcadia, CA 91007 March 13, 2023 Javier Cabral / Consulting Arborist Pg. # 8 # 1 Huge cavity Trunk decay Root decay 54 Tree # 2 (facing south) Eric Tsang 826-830 Sunset Blvd. Arcadia, CA 91007 March 13, 2023 Javier Cabral / Consulting Arborist Pg. # 9 # 23 55 Tree # 3 (facing south) Eric Tsang 826-830 Sunset Blvd. Arcadia, CA 91007 March 13, 2023 Javier Cabral / Consulting Arborist Pg. # 10 # 3 Severe deadwoodSevere deadwood Severe deadwood Tree topped here 56 Tree # 4 (facing south) Eric Tsang 826-830 Sunset Blvd. Arcadia, CA 91007 March 13, 2023 Javier Cabral / Consulting Arborist Pg. # 11 # 4 Topped here 57 Tree # 5 (facing north) Eric Tsang 826-830 Sunset Blvd. Arcadia, CA 91007 March 13, 2023 Javier Cabral / Consulting Arborist Pg. # 12 # 5 58 Tree # 6 (facing east) Eric Tsang 826-830 Sunset Blvd. Arcadia, CA 91007 March 13, 2023 Javier Cabral / Consulting Arborist Pg. # 13 # 6 59 Trees # 7 & 8 (facing east) Eric Tsang 826-830 Sunset Blvd. Arcadia, CA 91007 March 13, 2023 Javier Cabral / Consulting Arborist Pg. # 14 # 7 #8 60 Hazardous or Diseased Removal (Application Pg. 1) Eric Tsang 826-830 Sunset Blvd. Arcadia, CA 91007 March 13, 2023 Javier Cabral / Consulting Arborist Pg. # 15 61 Hazardous or Diseased Removal (Application Pg. 1) Eric Tsang 826-830 Sunset Blvd. Arcadia, CA 91007 March 13, 2023 Javier Cabral / Consulting Arborist Pg. # 16 62 Eric Tsang 826-830 Sunset Blvd. Arcadia, CA 91007 March 13, 2023 Javier Cabral / Consulting Arborist Pg. # 17 63 I Javier Cabral certify the following: No warranty is made, expressed or implied, that problems or deficiencies of the trees or the property will not occur in the future, from any cause. The Arborist shall not be responsible for damages or injuries caused by any tree defects and assume no responsibility for the correction of defects or tree related problems. The owner and client of the trees may choose to accept or disregard the recommendations of the Arborist or seek additional advice if the owner decides not to accept the Arborists findings or recommendations. The Arborist has no past, present or future interest in the removal or preservation of any tree. The opinions contained in the Arborist report are independent and objective judgements of the Arborist. The findings, opinions, and recommendations of the Arborist are based on based on the physical inspection of said property. The opinions are based on knowledge, experience, and education. The Arborist shall not be required to provide testimony, provide site monitoring, provide further documentation for changes beyond the control of the Arborist, be deposed, or to attend any meeting without contractual arrangements for additional fees to the Arborist. The Arborist assumes no responsibility for verification of ownership or location of property lines, or for any recommendations based on inaccurate information. This Arborist report may not be reproduced without the expressed written permission or the Arborist and the client to whom the report was provided to. Any changes or alteration of this report invalidates the entire report. Arborists are tree specialists who use their education, knowledge, training and experience to examine trees, recommend measures to enhance the beauty and health of trees, make recommendations to prevent or minimize damage to trees during and after construction projects, and attempt to reduce the risk of living near trees. Clients may choose to accept or disregard the recommendations of the arborist, or to seek additional advice. Arborists cannot detect every condition that could possibly lead to the structural failure of a tree. Trees are living organisms that fail in ways we do not fully understand. Conditions are often hidden within trees and below ground. Arborists cannot guarantee that a tree will be healthy or safe under all circumstances, or for a specified period of time. Likewise, remedial treatments, like any medicine, cannot be guaranteed. services such as property boundaries, property ownership, site lines, disputes between neighbors, and other issues. Arborists cannot take such considerations into account unless complete and accurate information is disclosed to the arborist. An arborist should then be expected to reasonably rely upon the completeness and accuracy of the information provided. Trees can be managed, but they cannot be controlled. To live near trees is to accept some degree of risk. The only way to eliminate all risk associated with trees is to eliminate all trees. Eric Tsang 826-830 Sunset Blvd. Arcadia, CA 91007 March 13, 2023 Javier Cabral / Consulting Arborist Pg. # 18 64 Attachment No. Attachment No. 6 Preliminary Exemption Assessment 65 Preliminary Exemption Assessment FORM “A” PRELIMINARY EXEMPTION ASSESSMENT 1.Name or description of project:MFADR 22-0 , TTM 23-01 (84023), and TRD 23-08 – A tentative tract map for an eight-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): 826-830 Sunset Boulevard (across from Okoboji Dr) 3.Entity or person undertaking project: A. B.Other (Private) (1)Name Eric Tsang on behalf of 828 Sunset 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: April 5, 2023 Staff: Alison MacCarley, Assistant Planner 66 DATE:April 25, 2023 TO: Honorable Chairman and Planning Commission FROM:Lisa L. Flores, Deputy Development Services Director By: Alison MacCarley, Assistant Planner SUBJECT:RESOLUTION NO. 2123 –APPROVING CONDITIONAL USE PERMIT NO. CUP 23-01 FOR THE SALE OF BEER, WINE, AND LIQUOR WITHIN THE EXISTING SPECIALTY MARKET STORE (DBA: HEY DEN MARKET) LOCATED AT 1304 S. BALDWIN CEQA: Exempt Recommendation: Adopt SUMMARY The Applicant, Calvin Chan, owner of the Hey Den Market is requesting approval of Conditional Use Permit Application No. CUP 23-01 to allow the sale of beer, wine, and liquor within the existing specialty market store located at 1304 S. Baldwin Avenue (“Project”). It is recommended that the Planning Commission adopt Resolution No. 2123 (refer to Attachment No. 1) and find that the project is Categorically Exempt under CEQA and approve CUP 23-01, subject to the conditions listed in this staff report. BACKGROUND The property is located midblock on the east side of South Baldwin Avenue with the closest intersection being South Baldwin and West Naomi Avenue. The market has access from South Baldwin Avenue and an alley to the immediate north of the site. The project site is zoned General Commercial, C-G, with a General Plan Land Use Designation of Commercial - refer to Attachment No. 2 for an Aerial Photo with Zoning Information and Photos of the subject property. The property is surrounded by commercial uses in every direction. Hey Den is a specialty market that carries unique and exotic products from around the world such as wagyu beef, seasonal and exotic fruits and vegetables, and unique snacks 67 Resolution No. 2123 - CUP 23-01 1304 S. Baldwin Avenue April 25, 2023 Page 2 of 9 and drinks from Japan. The market is within a standalone commercial building of approximately 3,432 square feet and is located on a 15,680 square foot commercial parcel as shown in Figure 1. The market has been operating at this site since 2021, and the store frontage is shown in Figure 2. Their current business hours are 10:00 a.m. to 6:00 p.m. daily and is not proposed to be changed with this application. The market was previously occupied by Lohas Fresh Mart, also a specialty grocery store, from 2018 to 2020. Lohas was granted Conditional Use Permit No. CUP 16-08 for the sale of beer and wine in 2016. A subsequent specialty market, Asia Connection, operated on the site from January 2020 to June 2021, but did not sell alcohol. Therefore, it has been over three years since alcohol was sold at the site, and the previous Conditional Use Permit (CUP) has expired. Figure 1 - Aerial of subject site 68 Resolution No. 2123 - CUP 23-01 1304 S. Baldwin Avenue April 25, 2023 Page 3 of 9 PROPOSAL The Applicant is requesting approval of a Conditional Use Permit to allow the sale of beer, wine, and liquor with a Type 21 (Off-Sale General) license from Alcoholic Beverage Control (ABC) within the existing market. The proposed floor plan (refer to Attachment No. 3) shows the interior layout of the store with the beer, wine, and liquor section in the north-west corner as well as behind the register within the existing market space. Figure 3 shows the existing shelving space and fridge area that would be used to for alcohol sales. ANALYSIS The Development Code requires a CUP for the sale of any alcoholic beverages on a property in the C-G Zone. The purpose of the CUP is to ensure that the proposed beer, wine, and liquor sales is an appropriate use for the property and is compatible with other uses in the surrounding area. The sale beer, wine, and liquor for off-site sales is common for many markets Figure 3 – Photo of Inside Hey Den Market Figure 2 – View from Duarte Road Shelves 69 Resolution No. 2123 - CUP 23-01 1304 S. Baldwin Avenue April 25, 2023 Page 4 of 9 and grocery stores in Arcadia. Allowing this use would not result in an adverse impact to the neighboring businesses as the beer, wine, and liquor will be for off-site consumption only, the hours of operation are not proposed to change, and the area dedicated to alcohol sales within the store is limited two shelving areas and one fridge area. The Applicant will be selling primarily specialty alcohol from international brands from Asia. The Applicant will be required to comply with the California Department of Alcoholic Beverage Control (“ABC”) regulations and all the employees will be required to complete the State of California’s ABC Responsible Alcoholic Beverage Service (RBS) training. RBS training includes looking for signs of intoxication, properly identification checking, procedures for dealing with various situations, as well as general behavior observation training. With regards to public safety concerns, the Fire Department and Police Department have reviewed the CUP application and no concerns were raised by any of the departments for the proposed sale of beer, wine, and liquor. In terms of parking, the subject property has a total of 17 on-site parking spaces and the market requires 17 spaces. The sale of alcohol will not change the number of parking spaces required for the market use. FINDINGS Section 9107.09.050 of the Arcadia Municipal Code requires that for a Conditional Use Permit to be granted, it must be found that all of the following prerequisite conditions can be satisfied: 1. The proposed use is consistent with the General Plan and any applicable specific plan; and is allowed within the applicable zone, subject to the granting of a Conditional Use Permit, and complies with all other applicable provisions of this Development Code and the Municipal Code. Facts to Support This Finding:The sale of beer, wine, and liquor within a market or grocery store is consistent with the Commercial Land Use Designation of the site and will not adversely impact the objectives of the General Plan. The Commercial designation is intended to permit a wide range of commercial uses, which serve both the local neighborhood and the City at large. The sale of beer, wine, and liquor will be incidental to the existing retail operation of the market. Therefore, the sale of beer, wine, and liquor is consistent with the General Plan and the following policy: Land Use and Community Design Element Policy LU-6.7: Encourage a balanced distribution of commercial development throughout the City, ensuring that neighborhoods and districts have adequate access to local-serving commercial uses. 70 Resolution No. 2123 - CUP 23-01 1304 S. Baldwin Avenue April 25, 2023 Page 5 of 9 2. The design, location, size, and operating characteristics of the proposed activity will be compatible with the existing and future land uses in the vicinity. Facts to Support This Finding: The sale of beer, wine, and liquor will be located within an existing commercial building and is limited to one fridge and two shelf spaces. The proposed sale of beer, wine, and liquor will not affect nor change the way the specialty market store is operated and will not require modification of the site or building. Conditions of approval in the Resolution which address safety and security will ensure that the sale of beer, wine, and liquor will not be detrimental or injurious to the property, or the public health and safety, and general welfare of the City. Therefore, the proposal is compatible with the existing and future land uses in the vicinity. 3. The site is physically suitable in terms of: a. Its design, location, shape, size, and operating characteristics of the proposed use in order to accommodate the use, site improvements loading, and parking. Facts to Support This Finding:The subject site is physically suitable to accommodate the proposed use because the sale of beer, wine, and liquor will take place inside the existing commercial building as part of the existing specialty market. There will be designated areas in the northwest corner and behind the cash register of the store where the beer, wine, and liquor will be displayed. There will be no changes or impacts to parking since the current site has adequate parking and the proposed changes to the market will not require additional parking. b. Streets and highways adequate to accommodate public and emergency vehicle (e.g., fire and medical) access. Facts to Support This Finding: The property is located midblock on South Baldwin Avenue which is adequate in width and pavement type to carry the traffic generated by the proposed use and emergency vehicles. There is also a paved alley that connects South Baldwin Avenue with West Duarte Road in the north and West Naomi Avenue to the southwest, and which is available for use by the public and emergency vehicles. Therefore, the proposed use is serviced by streets adequate in width and pavement type to accommodate public and emergency vehicles. c. Public protection services (e.g., fire protection, police protection, etc.). Facts to Support This Finding: The market is located within an existing commercial unit. Conditions of approval have been included to ensure the addition of alcohol sales at the market will not impact public protection services. The 71 Resolution No. 2123 - CUP 23-01 1304 S. Baldwin Avenue April 25, 2023 Page 6 of 9 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 This Finding:The subject property is developed within an existing commercial building. There are adequate utilities to service this site and business. The sale of alcohol within the market will not change the nature of the business and will not impact the existing infrastructure servicing the site. 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 This Finding:The purpose of the C-G, General Commercial Zone, is to provide a wide range of retail sales primarily oriented to provide for the general needs of the City. The sale of beer, wine, and liquor will not adversely affect the public convenience, health, interest, safety, or general welfare since it will be limited to no more than two fridges and two shelf spaces within the specialty market, and it will not change the overall operation or use of the existing market. The conditions of approval in Resolution No. 2123 also address safety and security to ensure the sale of alcohol will not be detrimental or injurious to the property, or the public health or safety, and general welfare of the City. Therefore, this finding can be met. ENVIRONMENTAL ANALYSIS It has been determined that the project qualifies as a Class 1 Categorical Exemption per the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines, as the proposed use will be located within an existing facility (refer to Attachment No. 4). PUBLIC NOTICE Public hearing notices for this item were mailed to the owners of those properties that are located within 300 feet of the subject property and published in Arcadia Weekly on April 13, 2023. As of April 20, 2023, staff has not received any comments or concerns from the public. 72 Resolution No. 2123 - CUP 23-01 1304 S. Baldwin Avenue April 25, 2023 Page 7 of 9 RECOMMENDATION It is recommended that the Planning Commission adopt Resolution No. 2123 and find that this project is Categorically Exempt under the California Environmental Quality Act (CEQA), and approve Conditional Use Permit No. CUP 23-01 subject to the following conditions of approval: 1. The use approved by Conditional Use Permit No. CUP 23-01 is limited to the sale of beer, wine, and liquor (Type 21 ABC license), for off-site consumption within an existing 3,432 square foot commercial unit and must be incidental to the market. No on-site consumption is permitted with this approval. The business shall be subject to periodic inspections, after which the provisions of this Conditional Use Permit may be adjusted by the Deputy Development Services Director, or designee, after due notice to address any adverse impacts to the neighboring businesses and properties. 2. Noncompliance with the plans, provisions and conditions of approval for CUP 23-01 shall be grounds for immediate suspension or revocation of any approvals, which could result in termination of the sale beer, wine, and liquor. 3. No exterior changes to the existing building are permitted with this approval. Any exterior changes to the building or window signage shall be subject to a separate review and approval. 4. There shall be no excessive loitering in front of the business as determined by the Arcadia Police department. 5. All City requirements regarding disabled access and facilities, occupancy limits, building safety, health code compliance, emergency equipment, environmental regulation compliance, and parking and site design shall be complied with to the satisfaction of the Building Official, City Engineer, Deputy Development Services Director, Fire Marshal, and Public Works Services Director. Any changes to the existing facility may be subject to having fully detailed plans submitted for plan check review and approval by the aforementioned City officials and employees, and may be subject to building permits. 6. To the maximum extent permitted by law, Applicant must defend, indemnify, and hold the City, any departments, agencies, divisions, boards, and/or commissions of the City, and its elected officials, officers, contractors serving as City officials, agents, employees, and attorneys of the City (“Indemnitees”) harmless from liability for damages and/or claims, actions, or proceedings for damages for personal injuries, including death, and claims for property damage, and with respect to all other actions and liabilities for damages caused or alleged to have been caused by reason of the Applicant’s activities in connection with Conditional 73 Resolution No. 2123 - CUP 23-01 1304 S. Baldwin Avenue April 25, 2023 Page 8 of 9 Use Permit No. CUP 23-01 (“Project”) on the Project site, and which may arise from the direct or indirect operations of the Applicant or those of the Applicant’s contractors, agents, tenants, employees or any other persons acting on Applicant’s behalf, which relate to the development and/or construction of the Project. This indemnity provision applies to all damages and claims, actions, or proceedings for damages, as described above, regardless of whether the City prepared, supplied, or approved the plans, specifications, or other documents for the Project. In the event of any legal action challenging the validity, applicability, or interpretation of any provision of this approval, or any other supporting document relating to the Project, the City will promptly notify the Applicant of the claim, action, or proceedings and will fully cooperate in the defense of the matter. Once notified, the Applicant must indemnify, defend and hold harmless the Indemnitees, and each of them, with respect to all liability, costs and expenses incurred by, and/or awarded against, the City or any of the Indemnitees in relation to such action. Within 15 days’ notice from the City of any such action, the Applicant shall provide to the City a cash deposit to cover legal fees, costs, and expenses incurred by City in connection with defense of any legal action in an initial amount to be reasonably determined by the City Attorney. The City may draw funds from the deposit for such fees, costs, and expenses. Within 5 business days of each and every notice from City that the deposit has fallen below the initial amount, Applicant shall replenish the deposit each and every time in order for City’s legal team to continue working on the matter. The City shall only refund to the Developer any unexpended funds from the deposit within 30 days of: (i) a final, non-appealable decision by a court of competent jurisdiction resolving the legal action; or (ii) full and complete settlement of legal action. The City shall have the right to select legal counsel of its choice that the Applicant reasonably approves. The parties hereby agree to cooperate in defending such action. The City will not voluntarily assist in any such third-party challenge(s) or take any position adverse to the Applicant in connection with such third-party 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. 7. Approval of Conditional Use Permit No. CUP 23-01 shall not be of effect unless on or before 30 calendar days after Planning Commission adoption of the Resolution, the property owner and Applicant have executed and filed with the Deputy Development Services Director or designee an Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. 74 Resolution No. 2123 - CUP 23-01 1304 S. Baldwin Avenue April 25, 2023 Page 9 of 9 PLANNING COMMISSION ACTION Approval If the Planning Commission intends to approve this proposal, the Commission should pass a motion to approve Conditional Use Permit No. CUP 23-01, stating that the proposal satisfies the requisite findings, and adopt the attached Resolution No. 2123 that incorporates the requisite environmental and Conditional Use Permit findings and the conditions of approval as presented in this staff report, or as modified by the Commission. Denial If the Planning Commission intends to deny this proposal, the Commission should pass a motion to deny Conditional Use Permit Application No. CUP 23-01; state the finding(s) that the proposal does not satisfy with reasons based on the record, and direct staff to prepare a resolution for adoption at the next meeting that incorporates the Commission’s decision and specific findings. If any Planning Commissioner, or other interested party has any questions or comments regarding this matter prior to the April 25, 2023, hearing, please contact Assistant Planner Alison MacCarley at (626) 574-5447, or amaccarley@ArcadiaCA.gov. Approved: Lisa L. Flores Deputy Development Services Director Attachment No. 1: Resolution No. 2123 Attachment No. 2: Aerial Photo with Zoning Information & Photos of the Subject Property Attachment No. 3: Architectural Plans Attachment No. 4: Preliminary Exemption Assessment 75 Attachment No. 1 Attachment No. 1 Resolution No. 2123 76 1 RESOLUTION NO. 2123 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT NO. CUP 23-01 FOR THE SALE OF BEER, WINE, AND LIQUOR WITHIN THE EXISTING SPECIALTY MARKET STORE (DBA: HEY DEN MARKET) LOCATED AT 1304 S. BALDWIN AVENUE WHEREAS, on February 2, 2023, an application for Conditional Use Permit No. CUP 23-01 was filed by the business owner, Calvin Chan, (“Applicant”) to allow the sale of beer, wine, and liquor (Type 21 Off-Sale General) license from Alcoholic Beverage Control (ABC) within the existing specialty market store (DBA: Hey Den Market) at 1304 S. Baldwin Avenue; and WHEREAS, on March 30, 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 that the Project qualifies as a Class 1 Categorical Exemption under CEQA pursuant to Section 15301(a) of the CEQA Guidelines as the use of an existing facility; and WHEREAS, on April 25, 2023, a duly noticed public hearing was held before the Planning Commission on said application, at which time all interested persons were given full opportunity to be heard and to present evidence. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, HEREBY RESOLVES AS FOLLOWS: SECTION 1. The factual data submitted by the Community Development Division in the staff report dated April 25, 2023, are true and correct. 77 2 SECTION 2. This Commission finds that based upon the entire record, pursuant to Section 9107.09.050 of the Arcadia Development Code, all of the following findings can be made. 1. The proposed use is consistent with the General Plan and any applicable specific plan; 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: The sale of beer, wine, and liquor within a market or grocery store is consistent with the Commercial Land Use Designation of the site and will not adversely impact the objectives of the General Plan. The Commercial designation is intended to permit a wide range of commercial uses, which serve both the local neighborhood and the City at large. The sale of beer, wine, and liquor will be incidental to the existing retail operation of the market. Therefore, the sale of beer, wine, and liquor is consistent with the General Plan and the following policy: Land Use and Community Design Element Policy LU-6.7: Encourage a balanced distribution of commercial development throughout the City, ensuring that neighborhoods and districts have adequate access to local-serving commercial uses; 2. The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity. FACT: The sale of beer, wine, and liquor will be located within an existing commercial building and is limited to one fridge and two shelving spaces. The proposed sale of beer, wine, and liquor will not affect nor change the way the specialty market store 78 3 is operated and will not require modification of the site or building. Conditions of approval in the Resolution which address safety and security will ensure that the sale of beer, wine, and liquor will not be detrimental or injurious to the property, or the public health and safety, and general welfare of the City. Therefore, the proposal is compatible with the existing and future land uses in the vicinity. 3. The site is physically suitable in terms of: A. Its design, location, shape, size, and operating characteristics of the proposed use in order to accommodate the use, site improvements loading, and parking; FACT: The subject site is physically suitable to accommodate the proposed use because the sale of beer, wine, and liquor will take place inside the existing commercial building as part of the existing specialty market. There will be designated areas in the northwest corner and behind the cash register of the store where the beer, wine, and liquor will be displayed. There will be no changes or impacts to parking since the current site has adequate parking and the proposed changes to the market will not require additional parking. B. Streets and highways adequate to accommodate public and emergency vehicle (e.g., fire and medical) access; FACT: The property is located midblock on South Baldwin Avenue which is adequate in width and pavement type to carry the traffic generated by the proposed use and emergency vehicles. There is also a paved alley that connects South Baldwin Avenue with West Duarte Road in the north and West Naomi Avenue to the southwest, and which is available for use by the public and emergency vehicles. Therefore, the proposed use is 79 4 serviced by streets adequate in width and pavement type to accommodate public and emergency vehicles. C. Public protection services (e.g., fire protection, police protection, etc.); FACT: The market is located within an existing commercial unit. Conditions of approval have been included to ensure the addition of alcohol sales at the market will not impact public protection services. The request has been reviewed by the Fire Department and Police Department and no concerns were raised. Therefore, no impacts to public protection services are anticipated. D. The provision of utilities (e.g., potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.). FACT: The subject property is developed within an existing commercial building. There are adequate utilities to service this site and business. The sale of alcohol within the market will not change the nature of the business and will not impact the existing infrastructure servicing the site. 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 would not adversely affect the public convenience, health, interest, safety, or general welfare, constitute a nuisance, or be materially injurious to the improvements, persons, property, or uses in the vicinity and zone in which the property is located. FACT: The purpose of the C-G, General Commercial Zone, is to provide a wide range of retail sales primarily oriented to provide for the general needs of the City. The sale of beer, wine, and liquor will not adversely affect the public convenience, health, 80 5 interest, safety, or general welfare since it will be limited to no more than one fridge and two shelving areas within the specialty market, and it will not change the overall operation or use of the existing market. The conditions of approval in Resolution No. 2123 also address safety and security to ensure the sale of alcohol will not be detrimental or injurious to the property, or the public health or safety, and general welfare of the City. Therefore, this finding can be met. 5. It has been determined that the project qualifies as a Class 1 Categorical Exemption per the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines, as the proposed use would be located within an existing facility. SECTION 3. For the foregoing reasons the Planning Commission determines that the Project is Categorically Exempt per Class 1, Section 15301 (a) of the California Environmental Quality Act (CEQA) Guidelines and approves Conditional Use Permit No. CUP 23-01 to allow the sale of beer, wine and liquor at the existing specialty store of the Hey Den Market located at 1304 S. Baldwin Avenue, subject to the conditions of approval attached hereto. SECTION 4. The Secretary shall certify to the adoption of this Resolution. 81 6 Passed, approved and adopted this 25th day of April, 2023. ______________________ Brad Thompson Chair, Planning Commission ATTEST: ______________________ Lisa L. Flores Secretary APPROVED AS TO FORM: _____________________ Michael J. Maurer City Attorney 82 7 Page Internationally Left Blank 83 8 RESOLUTION NO. 2123 Conditions of Approval It is recommended that the Planning Commission adopt Resolution No. 2123 and find that this project is Categorically Exempt under the California Environmental Quality Act (CEQA), and approve Conditional Use Permit No. CUP 23-01 subject to the following conditions of approval: 1. The use approved by Conditional Use Permit No. CUP 23-01 is limited to the sale of beer, wine, and liquor (Type 21 ABC license), for off-site consumption within an existing 3,432 square foot commercial unit and must be incidental to the market. No on-site consumption is permitted with this approval. The business shall be subject to periodic inspections, after which the provisions of this Conditional Use Permit may be adjusted by the Deputy Development Services Director, or designee, after due notice to address any adverse impacts to the neighboring businesses and properties. 2. No exterior changes to the existing building are permitted with this approval. Any exterior changes to the building or window signage shall be subject to a separate review and approval. 3. There shall be no excessive loitering in front of the business as determined by the Arcadia Police department. 4. All City requirements regarding disabled access and facilities, occupancy limits, building safety, health code compliance, emergency equipment, environmental regulation compliance, and parking and site design shall be complied with to the satisfaction of the Building Official, City Engineer, Deputy Development Services Director, Fire Marshal, and Public Works Services Director. Any changes to the existing facility may be subject to having fully detailed plans submitted for plan check review and approval by the aforementioned City officials and employees, and may be subject to building permits. 5. Noncompliance with the plans, provisions and conditions of approval for CUP 23-01 shall be grounds for immediate suspension or revocation of any approvals, which could result in termination of the sale of beer, wine, and liquor. 6. To the maximum extent permitted by law, Applicant must defend, indemnify, and hold the City, any departments, agencies, divisions, boards, and/or commissions of the City, and its elected officials, officers, contractors serving as City officials, agents, employees, and attorneys of the City (“Indemnitees”) harmless from liability for damages and/or claims, actions, or proceedings for damages for personal injuries, including death, and claims for property damage, and with respect to all other actions and liabilities for damages caused or alleged to have been caused by reason of the Applicant’s activities in connection with Conditional 84 9 Use Permit No. CUP 23-01 (“Project”) on the Project site, and which may arise from the direct or indirect operations of the Applicant or those of the Applicant’s contractors, agents, tenants, employees or any other persons acting on Applicant’s behalf, which relate to the development and/or construction of the Project. This indemnity provision applies to all damages and claims, actions, or proceedings for damages, as described above, regardless of whether the City prepared, supplied, or approved the plans, specifications, or other documents for the Project. In the event of any legal action challenging the validity, applicability, or interpretation of any provision of this approval, or any other supporting document relating to the Project, the City will promptly notify the Applicant of the claim, action, or proceedings and will fully cooperate in the defense of the matter. Once notified, the Applicant must indemnify, defend and hold harmless the Indemnitees, and each of them, with respect to all liability, costs and expenses incurred by, and/or awarded against, the City or any of the Indemnitees in relation to such action. Within 15 days’ notice from the City of any such action, the Applicant shall provide to the City a cash deposit to cover legal fees, costs, and expenses incurred by City in connection with defense of any legal action in an initial amount to be reasonably determined by the City Attorney. The City may draw funds from the deposit for such fees, costs, and expenses. Within 5 business days of each and every notice from City that the deposit has fallen below the initial amount, Applicant shall replenish the deposit each and every time in order for City’s legal team to continue working on the matter. The City shall only refund to the Developer any unexpended funds from the deposit within 30 days of: (i) a final, non-appealable decision by a court of competent jurisdiction resolving the legal action; or (ii) full and complete settlement of legal action. The City shall have the right to select legal counsel of its choice that the Applicant reasonably approves. The parties hereby agree to cooperate in defending such action. The City will not voluntarily assist in any such third-party challenge(s) or take any position adverse to the Applicant in connection with such third-party 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. 7. Approval of Conditional Use Permit No. CUP 23-01 shall not be of effect unless on or before 30 calendar days after Planning Commission adoption of the Resolution, the property owner and Applicant have executed and filed with the Deputy Development Services Director or designee an Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. 85 Attachment No. 2 Attachment No. 2 Aerial Photo with Zoning Information & Photos of the Subject Property 86 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 1937 3,432 1 Property Owner Site Address:1304 S BALDWIN AVE Parcel Number: 5784-003-001 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 19-Apr-2023 Page 1 of 1 87 Attachment No. 3 Attachment No. 3 Architectural Plans 88 89 90 Attachment No. 3 Attachment No. 4 Preliminary Exemption Assessment 91 Preliminary Exemption Assessment FORM “A” PRELIMINARY EXEMPTION ASSESSMENT 1.Name or description of project:CUP 23-01 Conditional Use Permit with a Categorical Exemption under the California Quality Act ("CEQA") Section 15301(a) to allow the sale of beer, wine, and liquor within the existing specialty market store (dba: Hey Den Market) located at 1304 S. Baldwin Avenue. 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): 1304 S. Baldwin Avenue. – The business is located on the east side of South Baldwin Avenue, south of West Duarte Road and North of West Naomi Avenue. 3.Entity or person undertaking project: A. B.Other (1)Name Calvin Chan (2)Address 1304 S. Baldwin Avenue, Arcadia, CA 91007 4.Staff Determination: The Lead Agency’s Staff, having undertaken and completed a preliminary review of this project in accordance with the Lead Agency's "Local Guidelines for Implementing the California Environmental Quality Act (CEQA)" has concluded that this project does not require further environmental assessment because: a.The proposed action does not constitute a project under CEQA. b.The project is a Ministerial Project. c.The project is an Emergency Project. d.The project constitutes a feasibility or planning study. e.The project is categorically exempt. Applicable Exemption Class: 15301 – Class 1 (Use of an existing facility) f.The project is statutorily exempt. Applicable Exemption: g.The project is otherwise exempt on the following basis: h.The project involves another public agency which constitutes the Lead Agency. Name of Lead Agency: Date: March 30, 2023 Staff: Alison MacCarley, Planning Assistant 92 DATE: April 25, 2023 TO: Honorable Chair and Planning Commission FROM:Lisa L. Flores, Deputy Development Services Director By: Fiona Graham, Planning Services Manager SUBJECT: RESOLUTION NO. 2125 – APPROVING CONDITIONAL USE PERMIT NO. CUP 23-02 TO ALLOW A TUTORING CENTER WITH UP TO 45 STUDENTS AT 22 E. DUARTE ROAD CEQA: Exempt Recommendation: Adopt SUMMARY The Applicant and Councilmember, Eileen Wang is requesting approval of Conditional Use Permit No. CUP 23-02 for a tutoring center within an existing 1,200 square foot unit in a multi-tenant commercial building at 22 E. Duarte Road. The tutoring center will have up to 45 students, from elementary to high school, and up to four staff members onsite. It is recommended that the Planning Commission adopt Resolution No. 2125 (Attachment No. 1), find this project Categorically Exempt under the California Environmental Quality Act (CEQA), and approve Conditional Use Permit No. CUP 23-02, subject to the conditions listed in this staff report. BACKGROUND The subject unit is within the multi-tenant, one-story commercial building located on the south side of East Duarte Road, between Code Lions Coding School and LBC Lighting, and is approximately 1,200 square feet in size. The 14,551 square foot commercial building has 13 units which have vehicular access from S. Santa Anita Avenue through an alley, and E. Duarte Road. The property has a shared parking lot at the rear of the building with 99 spaces. The property is zoned C-G, General Commercial with a General Plan Land Use Designation of Commercial – refer to Attachment No. 2 for an Aerial Photo with Zoning Information and Photos of the subject property. The property is surrounded by commercial uses to the east, north, and west, and multi-family residential properties to the south – see Figure 1. 93 CUP 23-02 22 E. Duarte Rd April 25, 2023 Page 2 of 10 Figure 1 - Aerial of Subject Site There are 13 existing units on the property with two vacant units, including the subject unit. The subject unit was previously used as an after-school tutoring and consulting center that closed in 2022; A2 Arcadia Academy. The Applicant has previous experience running tutoring centers and has operated Little Stanford at other locations throughout Arcadia for over ten years including at 66 E. Duarte Road and 2617 S. Santa Anita Avenue. Little Stanford has been operating at 22 E. Duarte Road since June 2022 and the Applicant is requesting to legalize the use. The tutoring center currently has approximately 15 students, which is below the requested maximum capacity. PROPOSAL The Applicant is requesting approval to operate a tutoring center (DBA: Little Stanford Academy) for children in grades first through 12. Little Stanford most recently operated at 66 W. Duarte Road, but has relocated to 22 E. Duarte Road since their lease was up and chose to relocate. Tutoring school will involve homework help, college preparatory courses, and education services. The use will include four (4) classrooms, two (2) restrooms, a lobby and an office - refer to Figure 2 below and Attachment No. 3 for the Floor Plan and Site Plan. As the unit was previously used for a tutoring center, each of the classrooms has a glass window to be viewed from the hallway, and a condition of approval has been included that these shall be maintained. The classrooms will be separated by grade levels or by courses, however the total number of students on the site will not exceed 45. Up to four (4) staff will be 94 CUP 23-02 22 E. Duarte Rd April 25, 2023 Page 3 of 10 onsite at any time. The classes will consist of college preparatory courses, and/or homework help. The proposed business hours are from 12:00 p.m. to 7:00 p.m. Monday through Friday, 9:30 a.m. to 5:30 p.m. on Saturdays, and 9:30 a.m. to 12:30 p.m. on Sundays during the school year. During summer and winter breaks, the Monday to Friday hours is from 8:00 a.m. to 7:00 p.m., Monday through Friday and weekends will remain the same. ANALYSIS The Arcadia Development Code allows tutoring and educational centers in the General Commercial (C-G) zone, subject to the review and approval of a Conditional Use Permit. The tutoring center will have up to 45 students and four (4) employees on site at any given time and will provide additional educational opportunities for children in Arcadia. The unit has a maximum capacity of 49 people per the Arcadia Fire Department. Of the 49 students, approximately 25 will be of elementary school age, 15 middle schoolers, and five (5) high schoolers. This is based on the Applicant’s recent enrollment. The proposed tutoring center will be occupying a unit that was previously used by a tutoring center; and there are no exterior or interior changes being proposed. The application was reviewed Figure 2: Floor Plan of Tutoring Center 95 CUP 23-02 22 E. Duarte Rd April 25, 2023 Page 4 of 10 by the Fire Department and the unit was brought into compliance in March 2023. The Police Department had no concerns with the proposal. Parking For an educational/tutoring center, the Development Code requires 1 parking space for every 3 high school students, 1 parking space for every 5 elementary or middle school students, and one space for every employee. The Applicant anticipates the majority of the students will be elementary and middle schoolers and, at most, there will be 10 high schoolers onsite. With up to 45 students, 10 of which are high schoolers, and four (4) employees, a maximum of 14 parking spaces are required. There are a total of 99 existing parking spaces on site that serve the 13 units within the commercial building. Based on the parking requirements for the existing uses, including the vacant unit, and the proposed tutoring center, 93 parking spaces are required, as shown in Table 1 below. None of the existing uses on the site have required a parking modification, including the computer coding school at 24 E. Duarte Road, which was approved by the Planning Commission on January 10, 2023. As such, there will be an excess of six (6) parking spaces. Therefore, there is enough parking to accommodate the proposed use. Furthermore, this use is currently in operation and based on Staff’s observation there has always been sufficient parking throughout the day. Table 1 – Parking Unit Occupant Type Unit Size Parking Spaces 8 Sofit Socal Gym 1900 12 12 Fashion Salon Personal Services 720 4 14 Crumpets Bakery Restaurant 585 3 16 Global Art Art Studio 900 9 18-20 Lightbulb City Inc Retail 2100 11 22 Proposed Tutoring Center Education Center 1200 14 24 Coding School Education Center 1000 7 (Approved by Planning Commission on January 10, 2023). 26 Vacant 1060 5 26 ½ LA Fruit Kingdom Retail 1200 6 28 Arcadia Spa Personal Services 1080 5 30 Yoshantea Restaurant 1080 5 32 Arcadia Music Music Studio 1200 6 34 Peacock Donuts Restaurant 1150 6 Total Parking Required 93 96 CUP 23-02 22 E. Duarte Rd April 25, 2023 Page 5 of 10 Parents will not stay at the tutoring center while their children are in attendance. Parents can access the unit through the rear of the building and the parking lot in the rear is available for student pick-up and drop-off. The location is also within short walking distance from Arcadia High School, so it is anticipated some of the students will walk to the tutoring center after school. FINDINGS Section 9107.09.050(B) of the Development Code requires that for a Conditional Use Permit to be granted, it must be found that all of the following prerequisite conditions can be satisfied: 1. The proposed use is consistent with the General Plan and any applicable specific plan. is allowed within the applicable zone, subject to the granting of a Conditional Use Permit, and comply with all other applicable provisions of the Development Code and the Municipal Code. Facts to Support This Finding: Approval of a tutoring center is consistent with the Commercial land use designation of the site. 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 tutoring and educational centers. Arcadia Development Code Section 9102.03.020, Table 2-8, allows tutoring centers in the C-G zone subject to the review and approval of a Conditional Use Permit. The proposed use will occupy a vacant commercial unit that was previously used as a tutoring center, and no exterior or interior changes are proposed. The site has an adequate number of parking spaces to accommodate the proposed use and the site’s existing uses. Therefore, the proposed use complies with all other applicable provisions of the Arcadia Development Code and the Arcadia Municipal Code and is complementary to the surrounding commercial uses. The use is consistent with the following General Plan goals and policies: Land Use and Community Design Element Policy LU-6.7: Encourage a balanced distribution of commercial development throughout the City, ensuring that neighborhoods and districts have adequate access to local-serving commercial uses. 2. The design, location, size, and operating characteristics of the proposed activity will be compatible with the existing and future land uses in the vicinity. Facts to Support This Finding: The proposed tutoring center will occupy one of the ten units at this existing multi-tenant, commercial center that is approximately 1,200 square feet. The tutoring center’s hours of operation are similar to the other uses at this center and will be limited to weekday afternoons during the school year, Saturdays, and Sundays, and with extended weekday hours during the summer and 97 CUP 23-02 22 E. Duarte Rd April 25, 2023 Page 6 of 10 winter breaks. The hours of operation are similar to other commercial uses in the vicinity. The tutoring center will have a maximum of 49 persons – 45 students and four (4) staff – on the premises at any given time, per the maximum occupancy allowed by the Fire Department. There has been other tutoring or educational centers at this site in the past and the Planning Commission recently approved a computer coding school for students in the adjacent unit. The property is immediately north of existing high- density residential uses and is separated by both the parking lot and an alley which will limit any potential noise or traffic impacts. Therefore, the tutoring center will be compatible with the various commercial uses that exist on the property. There is also sufficient parking at this site for the proposed use and all existing uses. As such, the use is compatible with the existing and future land uses in the vicinity. 3. The site is physically suitable in terms of: a. Its design, location, shape, size, and operating characteristics of the proposed use in order to accommodate the use, site improvements loading, and parking; Facts to Support This Finding: The site is physically suitable to accommodate the proposed tutoring center. The use will occupy a vacant unit within an existing multi-tenant commercial center which was previously used for a tutoring center. Therefore, no interior changes are required to accommodate the proposed use. The operating hours are limited to weekday afternoons, Saturdays, and Saturdays during the school year, while during school holidays, hours will be from 8:00 a.m. to 7:00 p.m. during weekdays. These hours are similar to the operating hours of the other existing businesses on site and nearby. The site has a surface parking lot that will provide sufficient parking for the proposed business and existing business. Most of the parents will drop off and pick up at the rear of the unit in the surface parking lot, and there is sufficient onsite parking for the use per the Development Code requirements. 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 This Finding: The subject unit is located on a site on south side of East Duarte Road with access from both East Duarte Road and South Santa Anita Avenue, which are designed with the capacity to accommodate both public and emergency vehicles. There is access to the site’s parking via an alley that connects Santa Anita Avenue and 1st Avenue. All adjacent and nearby streets are adequate in width and pavement type to carry the traffic that could be generated by the tutoring center and to support emergency vehicle access. c. Public protection services (e.g., fire protection, police protection, etc.). 98 CUP 23-02 22 E. Duarte Rd April 25, 2023 Page 7 of 10 Facts to Support This Finding:The proposed tutoring center will be located within an existing commercial unit. Conditions of approval have been included to ensure the tutoring center 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 This Finding: The subject unit is located within an existing commercial building, which is adequately serviced by existing utilities. The request does not require new construction and will not be operated in a manner that will impact the provision of utilities. Therefore, no impacts to the provision of utilities are anticipated. 4. The measure of site suitability shall be required to ensure that the type, density, and intensity of use being proposed will not adversely affect the public convenience, health, interest, safety, or general welfare, constitute a nuisance, or be materially injurious to the improvements, persons, property, or uses in the vicinity and zone in which the property is located. Facts to Support This Finding: The proposed tutoring center will not be detrimental to the public health or welfare, or to the surrounding properties. The business has been operating at this location since June 2022. The City has not received any complaints from neighboring property owners or tenants regarding the business in that time. The hours of operation will be similar to other commercial uses in the vicinity. Students will be separated between four classrooms, each with a teacher/tutor overseeing activities who will limit noise to regular classroom discussions. The site has sufficient parking to meet the needs of the tutoring center and other businesses at the site. Therefore, the size and nature of the operation of the use will not negatively affect the existing uses in the surrounding properties. ENVIRONMENTAL ANALYSIS It has been determined that the proposed use qualifies as a Class 1 Categorical Exemption per the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines for the use of an existing facility (refer to Attachment No. 4). PUBLIC COMMENTS/NOTICE Public hearing notices for this item were mailed to the owners of those properties that are located within 300 feet of the subject property and published in the Arcadia Weekly on 99 CUP 23-02 22 E. Duarte Rd April 25, 2023 Page 8 of 10 April 13, 2023. As of April 20, 2023, staff did not receive any public comments on this project. RECOMMENDATION It is recommended that the Planning Commission adopt Resolution No. 2125 approving Conditional Use Permit No. CUP 23-02 for a new tutoring center with up to 45 students and find that the project is Categorically Exempt under the California Environmental Quality Act (CEQA), subject to the following conditions of approval: 1. The use approved by CUP 23-02 is limited to an academic tutoring center for students from Kindergarten to 12th grade and shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 23-02. 2. No more than 49 people, a maximum of 45 students and four (4) staff, shall be permitted on site at any given time, as this is the maximum occupancy allowed by the City’s Fire department. The number of high school students shall be limited to 10 high schoolers onsite at any one time. Any changes to the operation and parking shall be subject to review and approval by the Deputy Development Services Director. The Deputy Development Services Director has the ability to remand this issue back to the Planning Commission for review and consideration. 3. The classrooms shall maintain a clear window or other openings that allow for observation outside of the room. 4. Prior to the issuance of a Certificate of Occupancy from the Building Division, one (1) Automated External Defibrillator (AED) shall be installed. The location of the AED shall be identified on the plans submitted for plan check in Building Services and is subject to review and approval by the Deputy Development Services Director, or designee. 5. 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. The changes to the existing facility may be subject to building permits after having fully detailed plans submitted for plan check review and approval by the aforementioned City officials. 6. Noncompliance with the plans, provisions and conditions of approval for CUP 23-02 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the tutoring center. 7. 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, 100 CUP 23-02 22 E. Duarte Rd April 25, 2023 Page 9 of 10 employees, and attorneys of the City (“Indemnitees”) harmless from liability for damages and/or claims, actions, or proceedings for damages for personal injuries, including death, and claims for property damage, and with respect to all other actions and liabilities for damages caused or alleged to have been caused by reason of the Applicant’s activities in connection with CUP 23-02 (“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. 8. Approval of CUP 23-03 shall not be in effect unless the Property Owner and Applicant have executed and filed the Acceptance Form with the City on or before 30 calendar days after the Planning Commission has adopted the Resolution. The Acceptance Form to the Development Services Department is to indicate awareness and acceptance of the conditions of approval. PLANNING COMMISSION ACTION Approval If the Planning Commission intends to approve this proposal, the Commission should approve a motion to approve Conditional Use Permit Application No. CUP 23-02, stating 101 CUP 23-02 22 E. Duarte Rd April 25, 2023 Page 10 of 10 that the proposal satisfies the requisite findings, and adopting the attached Resolution No. 2125 that incorporates the requisite environmental and Conditional Use Permit findings and the conditions of approval as presented in this staff report, or as modified by the Commission. Denial If the Planning Commission intends to deny this proposal, the Commission should approve a motion to deny Conditional Use Permit Application No. CUP 23-02, stating that the finding(s) of the proposal does not satisfy with reasons based on the record, and direct staff to prepare a resolution for adoption at the next meeting that incorporates the Commission’s decision and specific findings. If any Planning Commissioner or other interested party has any questions or comments regarding this matter prior to the April 25, 2023, hearing, please contact Planning Services Manager, Fiona Graham at (626) 574-5442, or by email at fgraham@ArcadiaCA.gov. Approved: Lisa L. Flores Deputy Development Services Director Attachment No. 1: Resolution No. 2125 Attachment No. 2: Aerial Photo and Zoning Information and Photos of the Subject Property Attachment No. 3: Site Plan and Floor Plan Attachment No. 4: Preliminary Exemption Assessment 102 Attachment No. 1 Attachment No. 1 Resolution No. 2125 103 1 RESOLUTION NO. 2125 RESOLUTION NO. 2125 – APPROVAL OF CONDITIONAL USE PERMIT NO. 23-02 TO ALLOW A TUTORING CENTER WITH UP TO 45 STUDENTS AT 22 EAST DUARTE ROAD WHEREAS, on February 23, 2023, an application for Conditional Use Permit No. CUP 23-02 was filed by the business owner, Eileen Wang (“Applicant”), for a new tutoring center with up to 45 students and 4 staff members at 22 E. Duarte Road (DBA: Little Stanford); and WHEREAS, on April 3, 2023, Planning Services completed an environmental assessment for the proposed tutoring center in accordance with the California Environmental Quality Act (“CEQA”) and recommends that the Planning Commission determine that the proposed tutoring center qualifies as a Class 1 Categorical Exemption under CEQA pursuant to Section 15301(a) of the CEQA Guidelines as the use of an existing facility; and WHEREAS, on April 25, 2023, a duly noticed public hearing was held before the Planning Commission on said application, at which time all interested persons were given full opportunity to be heard and to present evidence. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, HEREBY RESOLVES AS FOLLOWS: SECTION 1. The factual data submitted by the Community Development Division in the staff report dated April 25, 2023 are true and correct. 104 2 SECTION 2. This Commission finds that based upon the entire record, pursuant to Section 9107.09.050 of the Arcadia Development Code, all of the following findings can be made. 1. The proposed use is consistent with the General Plan and any applicable specific plan. is allowed within the applicable zone, subject to the granting of a Conditional Use Permit, and comply with all other applicable provisions of the Development Code and the Municipal Code. FACT: Approval of a tutoring center is consistent with the Commercial land use designation of the site. 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 tutoring and educational centers. Arcadia Development Code Section 9102.03.020, Table 2-8, allows tutoring centers in the C-G zone subject to the review and approval of a Conditional Use Permit. The proposed use will occupy a vacant commercial unit that was previously used as a tutoring center, and no exterior or interior changes are proposed. The site has an adequate number of parking spaces to accommodate the proposed use and the site’s existing uses. Therefore, the proposed use complies with all other applicable provisions of the Arcadia Development Code and the Arcadia Municipal Code and is complementary to the surrounding commercial uses. The use is consistent with the following General Plan goals and policies: Land Use and Community Design Element 105 3 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 proposed tutoring center will occupy one of the ten units at this existing multi-tenant, commercial center that is approximately 1,200 square feet. The tutoring center’s hours of operation are similar to the other uses at this center and will be limited to weekday afternoons during the school year, Saturdays, and Sundays, and with extended weekday hours during the summer and winter breaks. The hours of operation are similar to other commercial uses in the vicinity. The tutoring center will have a maximum of 49 persons – 45 students and four (4) staff – on the premises at any given time, per the maximum occupancy allowed by the Fire Department. There has been other tutoring or educational centers at this site in the past and the Planning Commission recently approved a computer coding school for students in the adjacent unit. The property is immediately north of existing high-density residential uses and is separated by both the parking lot and an alley which will limit any potential noise or traffic impacts. Therefore, the tutoring center will be compatible with the various commercial uses that exist on the property. There is also sufficient parking at this site for the proposed use and all existing uses. As such, the use is compatible with the existing and future land uses in the vicinity. 3. The site is physically suitable in terms of: A. Its design, location, shape, size, and operating characteristics of the proposed use in order to accommodate the use, site improvements loading, and parking; 106 4 FACT: The site is physically suitable to accommodate the proposed tutoring center. The use will occupy a vacant unit within an existing multi-tenant commercial center which was previously used for a tutoring center. Therefore, no interior changes are required to accommodate the proposed use. The operating hours are limited to weekday afternoons, Saturdays, and Saturdays during the school year, while during school holidays, hours will be from 8:00 a.m. to 7:00 p.m. during weekdays. These hours are similar to the operating hours of the other existing businesses on site and nearby. The site has a surface parking lot that will provide sufficient parking for the proposed business and existing business. Most of the parents will drop off and pick up at the rear of the unit in the surface parking lot, and there is sufficient onsite parking for the use per the Development Code requirements. 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; FACT: The subject unit is located on a site on south side of East Duarte Road with access from both East Duarte Road and South Santa Anita Avenue, which are designed with the capacity to accommodate both public and emergency vehicles. There is access to the site’s parking via an alley that connects Santa Anita Avenue and 1 st Avenue. All adjacent and nearby streets are adequate in width and pavement type to carry the traffic that could be generated by the tutoring center and to support emergency vehicle access. C. Public protection services (e.g., fire protection, police protection, etc.); and FACT: The proposed tutoring center will be located within an existing commercial unit. Conditions of approval have been included to ensure the tutoring center will be operated in a safe manner, and not impact public protection services. The request has 107 5 been reviewed by the Fire Department and Police Department and no concerns were raised. Therefore, no impacts to public protection services are anticipated. D. The provision of utilities (e.g., potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.). FACT: The subject unit is located within an existing commercial building, which is adequately serviced by existing utilities. The request does not require new construction and will not be operated in a manner that will impact the provision of utilities. Therefore, no impacts to the provision of utilities are anticipated. 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. FACT: The proposed tutoring center will not be detrimental to the public health or welfare, or to the surrounding properties. The business has been operating at this location since June 2022. The City has not received any complaints from neighboring property owners or tenants regarding the business in that time. The hours of operation will be similar to other commercial uses in the vicinity. Students will be separated between four classrooms, each with a teacher/tutor overseeing activities who will limit noise to regular classroom discussions. The site has sufficient parking to meet the needs of the tutoring center and other businesses at the site. Therefore, the size and nature of the operation of the use will not negatively affect the existing uses in the surrounding properties. 108 6 5. This Project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines pertaining to the use of an existing facility. SECTION 3. For the foregoing reasons the Planning Commission determines that the proposed tutoring center is Categorically Exempt per Class 1, Section 15301(a) of the California Environmental Quality Act (CEQA) Guidelines and approves Conditional Use Permit No. CUP 23-02 for a new tutoring center within an existing commercial unit at 22 E. Duarte Road, subject to the conditions of approval attached hereto. SECTION 4. The Secretary shall certify to the adoption of this Resolution. 109 7 Passed, approved and adopted this 25th day of April, 2023. ______________________ Brad Thompson Chair, Planning Commission ATTEST: ______________________ Lisa L. Flores Secretary APPROVED AS TO FORM: ______________________ Michael J. Maurer City Attorney 110 8 Page Internationally Left Blank 111 9 RESOLUTION NO. 2125 Conditions of Approval 1. The use approved by CUP 23-02 is limited to an academic tutoring center for students from Kindergarten to 12th grade and shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 23-02. 2. No more than 49 people, a maximum of 45 students and four (4) staff, shall be permitted on site at any given time, as this is the maximum occupancy allowed by the City’s Fire department. The number of high school students shall be limited to 10 high schoolers onsite at any one time. Any changes to the operation and parking shall be subject to review and approval by the Deputy Development Services Director. The Deputy Development Services Director has the ability to remand this issue back to the Planning Commission for review and consideration. 3. The classrooms shall maintain a clear window or other openings that allow for observation outside of the room. 4. Prior to the issuance of a Certificate of Occupancy from the Building Division, one (1) Automated External Defibrillator (AED) shall be installed. The location of the AED shall be identified on the plans submitted for plan check in Building Services and is subject to review and approval by the Deputy Development Services Director, or designee. 5. 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. The changes to the existing facility may be subject to building permits after having fully detailed plans submitted for plan check review and approval by the aforementioned City officials. 6. Noncompliance with the plans, provisions and conditions of approval for CUP 23-02 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the tutoring center. 7. 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 CUP 23-02 (“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. 112 10 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. 8. Approval of CUP 23-03 shall not be in effect unless the Property Owner and Applicant have executed and filed the Acceptance Form with the City on or before 30 calendar days after the Planning Commission has adopted the Resolution. The Acceptance Form to the Development Services Department is to indicate awareness and acceptance of the conditions of approval. 113 Attachment No. 2 Attachment No. 2 Aerial Photo with Zoning Information and Photos of the Subject Property 114 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 1948 3,183 0 Property Owner Site Address:8 E DUARTE RD Parcel Number: 5781-005-002 N/A Zoning: General Plan: N/A Downtown Overlay: Downtown Parking Overlay: Architectural Design Overlay:N/A N/A N/A Yes, N/A Residential Flex Overlay: N/A N/A Yes, 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 28-Feb-2023 Page 1 of 1 115 Classroom interior Classroom interior 116 Front lobby area 117 Attachment No. 3 Attachment No. 3 Floor and Site Plans 118 119 120 Attachment No. 4 Attachment No. 4 Preliminary Exemption Assessment 121 Preliminary Exemption Assessment FORM “A” PRELIMINARY EXEMPTION ASSESSMENT 1.Name or description of project:CUP 23-02 Conditional Use Permit to allow tutoring center for up to 45 students from Kindergarten to 12 th Grade. 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): 22 E. Duarte Road. – The business is located along near the south-east corner of E. Duarte Rd. and S. Santa Anita Ave. 3.Entity or person undertaking project: A. B.Other (Private) (1)Name Eileen Wang (2)Address 1000 W. Huntington Drive #D Arcadia, CA 91007 4.Staff Determination: The Lead Agency’s Staff, having undertaken and completed a preliminary review of this project in accordance with the Lead Agency's "Local Guidelines for Implementing the California Environmental Quality Act (CEQA)" has concluded that this project does not require further environmental assessment because: a.The proposed action does not constitute a project under CEQA. b.The project is a Ministerial Project. c.The project is an Emergency Project. d.The project constitutes a feasibility or planning study. e.The project is categorically exempt. Applicable Exemption Class: 15301 – Class 1 (Use of an existing facility) f.The project is statutorily exempt. Applicable Exemption: g.The project is otherwise exempt on the following basis: h.The project involves another public agency which constitutes the Lead Agency. Name of Lead Agency: Date: April 3, 2023 Staff: Fiona Graham, Planning Services Manager 122 ARCADIA PLANNING COMMISSION REGULAR MEETING MINUTES TUESDAY, April 11, 2023 Any writings or documents provided to a majority of the Planning Commission regarding any item on this agenda will be made available for public inspection in the City’s Planning Services Office located at 240 W. Huntington Drive, Arcadia, California, during normal business hours. CALL TO ORDER Chair Thompson called the meeting to order at 7:00 p.m. ROLL CALL PRESENT: Chair Thompson, Hui, Tallerico, and Wilander ABSENT: Vice Chair Tsoi It was moved by Commissioner Wilander, seconded by Commissioner Tallerico to excuse Vice Chair Tsoi from the meeting. Without objection, the motion was approved. SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS There was no supplemental information. PUBLIC COMMENTS (5 minute time limit per person) There were none. PUBLIC HEARING 1. Resolution No. 2124 – Approving Conditional Use Permit No. CUP 22-12 and Planning Commission Administrative Modification No. PC AM 23-01 to allow a new massage business and a parking modification at 51 E. Foothill Boulevard CEQA: Exempt Recommendation: Adopt Applicant: Michelle Wu MOTION- PUBLIC HEARING Chair Thompson introduced the item and Associate Planner Edwin Arreola presented the staff report. Commissioner Wilander asked about handicap parking regulation for the building, she also asked what the capacity is of the beauty salon in the building. Mr. Arreola explained that the site would be subject to additional ADA parking space requirements only if the building undergoes major improvements. Regarding the capacity of the beauty salon, Mr. Arreola believes it operates by appointment only and it is not open on Saturday or Sundays. Mr. Arreola referenced the parking analysis and explained there was sufficient parking throughout the day. Deputy Development Services Director, Lisa Flores, added that most customers prefer to park on the street because it is more convenient since the business’ front door faces Foothill Boulevard. 123 2 4/11/23 Commissioner Tallerico asked if Snips Salon was still in business. Edwin and the Applicant’s husband confirmed the beauty salon is still in business. Snips Salon and Spa was previously located in another building and moved into a unit next door. Chair Thompson asked what triggered the parking modification. Mr. Arreola confirmed the change in use triggered the requirement for a parking modification. Commissioner Hui asked how the massage machine works but deferred her question to the Applicant. Mr. Arreola provided some explanation of the operative functions of the massage machine. The Applicant Michelle Wu introduced herself as a certified public accountant and long-time resident of Arcadia. Ms. Wu explained her business operation. Commissioner Wilander asked Ms. Wu where on the site she plans to sell the machine. Ms. Wu and her husband, Yuwei Liang, explained that some of the machines will be stored on- site, and if necessary, they can pick up more machines that same day since their supplier is close by. Commissioner Wilander also asked if there will be cameras monitoring the entrance and exit doors. Mr. Liang and Ms. Wu confirmed the entire building, including this unit, is already wired with a security camera system. Commissioner Hui asked how many other health spas in the City or in the San Gabriel Valley use this machine. Ms. Wu said she knows there are people that use these machines, but she is not sure how many other businesses in the City does. The Commissioners had no further questions for the Applicant. Chair Thompson asked if there were any other speakers in favor of the proposal. Chair Thompson asked if there were any other speakers in opposition of the proposal. No one spoke in favor or in opposition of the project. It was moved by Commissioner Tallerico, seconded by Commissioner Hui, to close the public hearing. Without objection, the motion was approved. 124 3 4/11/23 DISCUSSION Commissioner Tallerico said it sounds like a fascinating business and had no concerns with parking or anything else. Mr. Tallerico said he was in favor of approving the project. Commissioner Wilander agreed with Commissioner Tallerico and that her parking concerns were resolved therefore, was in favor of approving the project. Commissioner Hui liked the proposal and was in favor of approving the project. Chair Thompson said the proposal is consistent with the General Plan, the operations comply with the massage therapist regulations of the Municipal Code, it is consistent with the Development Code, and the parking lot and available parking spaces will meet the demand of the business. Therefore, he was in favor of the project. MOTION It was moved by Commissioner Wilander, seconded by Commissioner Hui to approve Conditional Use Permit No. CUP 22-12 and Planning Commission Administrative Modification No. PC AM 23- 01 to allow a new massage business and a parking modification at 51 E. Foothill Boulevard ROLL CALL AYES: Chair Thompson, Hui, Tallerico, and Wilander NOES: None ABSENT: Vice Chair Tsoi There is a 10 day appeal period. Appeals are to be filed by 5:30 p.m. on Monday, April 24, 2023. CONSENT CALENDAR 1. Minutes of the March 14, 2023, Regular Meeting of the Planning Commission Recommendation: Approve Commissioner Tallerico motioned to approve the minutes and seconded by Commissioner Wilander. ROLL CALL AYES: Chair Thompson, Hui, Tallerico, and Wilander NOES: None ABSENT: Vice Chair Tsoi The Motion was approved. 125 4 4/11/23 MATTERS FROM CITY COUNCIL LIAISON Dr. Cao reported that the Santa Anita 5k Derby was very successful and they had about five thousand participants. On May 6, the Arcadia Firefighter’s Association will host their annual pancake breakfast at Fire Station No. 106. Dr. Cao provided an update on Congress Woman Judy Chu’s presentation of a Federal Funding Award for the Colorado Boulevard complete street project. MATTERS FROM THE PLANNING COMMISSONERS Commissioners had nothing to report. MATTERS FROM ASSISTANT CITY ATTORNEY Assistant City Attorney Grace Yeo had nothing to report. MATTERS FROM STAFF INCLUDING UPCOMING AGENDA ITEMS Ms. Flores provided an update on the City Council Appeal of 1225 Oaklawn Road. Ms. Flores informed the Commission she will not be present at either Planning Commission meetings in May and Planning Services Manager, Fiona Graham, will be at those meetings on her behalf. She also introduced the Planning Division’s new Associate Planner, Gary Yesayan. There will be three items at the April 25 meeting. Ms. Flores informed the Commissioners that we will have an item at each of the meetings in May. Ms. Flores informed the Commission that Chair Thompson will term out out after eight years as a Planning Commissioner. Mr. Thompson’s last meeting will be June 27. 126 5 4/11/23 ADJOURNMENT The Planning Commission adjourned the meeting at 7:32 p.m., to Tuesday, April 25, 2023, at 7:00 p.m. in the City Council Chamber. Brad Thompson Chair, Planning Commission ATTEST: Lisa Flores Secretary, Planning Commission 127