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HomeMy WebLinkAbout07-25-2023 Agenda PacketCITY OF ARCADIA Arcadia Planning Commission Regular Meeting Agenda Tuesday, July 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 Vincent Tsoi, Chair Marilynne Wilander, Vice Chair David Arvizu, Commissioner Angela Hui, Commissioner Domenico Tallerico, 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. 2129 – Recommending that the City Council approve Text Amendment No. 23-01 amending various sections of Article IX, Chapter 1 (Development Code) of the Arcadia Municipal Code pertaining to artificial turf in residential zones and allowing tutoring and educational centers in places of religious assembly CEQA: Exempt Recommendation: Adopt Applicant: City of Arcadia – Development Services DIRECTOR’S ITEM 2. Approving a subsequent one-year extension for vesting Tentative Tract Map No. TTM 19-01 (82734) at 117 - 129 E. Huntington Drive and 124 - 134 Wheeler Avenue CEQA: Exempt Recommendation: Approve Applicant: Arcadia Huntington Plaza, LLC If the Tentative Map extension request is denied, the Subdivider may appeal the denial by 4:30 p.m. on Friday, August 4, 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. 3. Minutes of the June 27, 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 ADJOURNMENT The Planning Commission will adjourn this meeting to Tuesday, August 8, 2023, at 7:00 p.m. 2 Welcome to the Arcadia Planning Commission Meeting! The Planning Commission encourages public participation, and invites you to share your views on City business. MEETINGS: Regular Meetings of the Planning Commission are held on the second and fourth Tuesdays of each month at 7:00 p.m. in the City Council Chambers. A full Planning Commission agenda packet with all backup information is available at City Hall, the Arcadia Public Library, and on the City’s website at www.ArcadiaCA.gov. Copies of individual Agenda Reports are available via email upon request (Planning@ArcadiaCA.gov). Documents distributed to a majority of the Planning Commission after the posting of this agenda will be available for review at the Planning Services Office in City Hall, 240 W. Huntington Drive, Arcadia, California. CITIZEN PARTICIPATION: Your participation is welcomed and invited at all Planning Commission meetings. Time is reserved at each regular meeting for those in the audience who wish to address the Planning Commission. The City requests that persons addressing the Planning Commission refrain from making personal, slanderous, profane, or disruptive remarks. When the Chair asks for those who wish to speak please come to the podium and state your name and address for the record. Please provide a copy of any written materials used in your address to the Planning Commission as well as a copy of any printed materials you wish to be distributed to the Planning Commission. MATTERS NOT ON THE AGENDA should be presented during the time designated as “PUBLIC COMMENTS.” In general, each speaker will be given (5) minutes to address the Planning Commission; however, the Chair, at his/her discretion, may shorten the speaking time limit to allow all speakers time to address the Planning Commission. By State law, the Planning Commission may not discuss or vote on items not on the agenda. The matter will automatically be referred to staff for appropriate action or response, or will be placed on the agenda of a future meeting. PUBLIC HEARINGS AND APPEALS are items scheduled for which public input is either required or desired. Separate and apart from an applicant or appellant (who may speak longer at the discretion of the Planning Commission), speakers shall be limited to (5) minutes per person. The Chair, at his/her discretion, may shorten the speaking time limit to allow all speakers to address the Planning Commission. The applicant or appellant may also be afforded an additional opportunity for rebuttal comments. AGENDA ITEMS: The Agenda contains the regular order of business of the Planning Commission. Items on the Agenda have generally been reviewed and investigated by the City Staff in advance of the meeting so that the Planning Commission can be fully informed about a matter before making its decision. CONSENT CALENDAR: Items listed on the Consent Calendar are considered to be routine by the Planning Commission and may be acted upon by one motion. There will be no separate discussion on these items unless a member of the Planning Commission, Staff, or the public so requests. In this event, the item will be removed from the Consent Calendar and considered and acted on separately. DECORUM: While members of the public are free to level criticism of City policies and the action(s) or proposed action(s) of the Planning Commission or its members, members of the public may not engage in behavior that is disruptive to the orderly conduct of the proceedings, including, but not limited to, conduct that prevents other members of the audience from being heard when it is their opportunity to speak, or which prevents members of the audience from hearing or seeing the proceedings. Members of the public may not threaten any person with physical harm or act in a manner that may reasonably be interpreted as an imminent threat of physical harm. All persons attending the meeting are expected to adhere to the City’s policy barring harassment based upon a person’s race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, gender, sexual orientation, or age. The Chief of Police, or such member or members of the Police Department, may serve as the Sergeant-at-Arms of the Planning Commission meeting. The Sergeant-at-Arms shall carry out all orders and instructions given by the presiding official for the purpose of maintaining order and decorum at the meeting. Any person who violates the order and decorum of the meeting may be placed under arrest and such person may be prosecuted under the provisions of Penal Code Section 403 or applicable Arcadia Municipal Code section. 3 (Arcadia Public Library) (www.ArcadiaCA.gov) (Planning@ArcadiaCA.gov) (City Hall, 240 W. Huntington Drive, Arcadia, California) “” (5) (5) “” “” 403 4 DATE: July 25, 2023 TO:Honorable Chair and Planning Commission FROM:Lisa Flores, Deputy Development Services Director By: Edwin Arreola, Associate Planner SUBJECT:RESOLUTION NO. 2129 – RECOMMENDING THAT THE CITY COUNCIL APPROVE TEXT AMENDMENT NO. 23-01 AMENDING VARIOUS SECTIONS OF ARTICLE IX, CHAPTER 1 (DEVELOPMENT CODE) OF THE ARCADIA MUNICIPAL CODE PERTAINING TO ARTIFICIAL TURF IN RESIDENTIAL ZONES AND ALLOWING TUTORING AND EDUCATIONAL CENTERS IN PLACES OF RELIGIOUS ASSEMBLY CEQA: Exempt Recommendation: Adopt SUMMARY The Development Services Department has initiated a Text Amendment No. TA 23-01 to amend various sections of the City’s Development Code that consists of: 1) An amendment to increase the allowable area for artificial turf on residential zoned properties; and 2) Allow tutoring and educational centers in places of religious assembly through a Conditional Use Permit (refer to Attachment No. 1). It is recommended that the Planning Commission adopt Resolution No. 2129, recommending that the City Council approve Text Amendment No. TA 23-01 and determine the Text Amendment is statutory exempt from the California Environmental Quality Act (“CEQA”). BACKGROUND Artificial Turf The City originally created regulations to allow artificial turf in the front and street side (corner) yards of residential properties in 2016. This was as a result of Governor Brown signing AB 1164 into law, which prevented cities from prohibiting the installation of artificial turf, along with 23 other related bills, to help with the ongoing drought in 2015. Prior to 2016, artificial turf was not permitted on any residential properties in this City. Due 5 Text Amendment No. 23-01 July 25, 2023 Page 2 of 16 to persistent drought conditions and more community interest in the installation of artificial turf in residential areas, the City received numerous requests from residents to give additional considerations to the limitations on artificial turf as a means for water conservation and/or landscape maintenance. Additionally, there are at least nine properties where artificial turf has been installed in the front yard areas that exceed the permitted amount allowed by the City. Two of these properties are located within the Very High Fire Hazard Severity Zone (VHFHSZ) area where it is no longer permitted. There were more properties that were in violation of the artificial turf standards over the years, but they have since been brought into compliance. At the March 7, 2023 City Council meeting, a PowerPoint presentation was provided to better illustrate the issues and options for consideration. The City Council discussed whether the policies should remain the same, allow for an increased use of artificial turf as hardscape, or allow for an unlimited application of artificial turf. The City Council agreed that the City should increase the artificial turf limit, include information of what other cities allow, and provide information on any maintenance issues they should be aware of. Tutoring and Educational Centers in Places of Religious Assembly In recent years, several places of religious assembly have contacted the Planning Division asking if they can lease their vacant classrooms to tutoring businesses. Arcadia has several religious properties throughout the City containing classrooms and other spaces which are underutilized, especially during the work week. Places of religious assembly are often uniquely suited to accommodate tutoring and educational centers due to the complementary operating schedules, large parking lots, and available classroom space. To make better use of these spaces, and generate income to support the religious organizations, leasing these rooms to businesses such as tutoring and educational centers has been requested. Currently, the Development Code does not allow tutoring and educational centers to operate at places of religious assembly. The only accessory uses allowed are day care centers, or schools that are run and operated by the religious organization itself. This text amendment would allow a third party to operate a tutoring and educational center at a place of religious assembly through approval of a Conditional Use Permit. If approved, the text amendment would also allow an existing, unpermitted tutoring center, TECC at the Arcadia Community Church at 121 Alice Street, to apply for a Conditional Use Permit. ANALYSIS Section 9103.09.040 of the Arcadia Development Code sets forth development standards for landscape requirements throughout the City, including artificial turf. This section is proposed to be updated to expand the amount of artificial turf permitted in the front and street side yard setbacks for residential properties. The Development Code is also being 6 Text Amendment No. 23-01 July 25, 2023 Page 3 of 16 updated to allow for tutoring and educational centers at places of religious assembly in all zones, subject to a Conditional Use Permit. 1. Artificial Turf Current Standards The standards below are what is currently permitted per the Development Code regarding the installation of artificial turf on all residential properties within the City: Hardscape materials of driveways and pedestrian walkways, including pavement, concrete, interlocking pavers, and the use of artificial turf, shall not cover more than 40 percent of the required front setback or street side. In any zone, a maximum of 15 percent of the yard area within the front or street side yards may be installed with artificial turf. Artificial turf shall not be installed within 10 feet of a sidewalk or within 20 feet from the curb if there is no sidewalk. Artificial turf is permitted in any zone within any back yard and/or interior side setback areas. Artificial turf is not permitted within any parkway areas. Artificial turf must have a minimum eight-year no-fade warranty as issued by the manufacturer; be cut-pile infill and made from lead-free polypropylene, polyethylene or a blend of such fibers on a permeable backing; and, have a minimum blade length (pile height) of 1.5 inches, or as determined by the Director as manufacturing processes are updated. Nylon-based or plastic grass blades are not permitted. The use of indoor/outdoor carpeting, and artificial shrubs, flowers, trees and vines instead of natural plantings is prohibited. Infill medium must consist of ground rubber; rubber coated sand or other approved mixtures and must be brushed into the fibers of the artificial turf. The style of the fiber, color, and texture shall resemble fescue, rye, and other common natural grass blades. Artificial turf must be installed per all manufacturer’s requirements and must include removal of all existing plant material and top three inches of soil in the installation area; placement of filter fabric or synthetic porous material over compacted and porous crushed rock or other comparable material below the turf surface to provide adequate drainage; and, the area must be sloped and graded to prevent excessive pooling, runoff, or flooding onto adjacent property. Artificial turf must be maintained in a green, fadeless condition, free of weeds, stains, debris, tears, holes, depressions, ruts, odors, and looseness at edges and seams. Damaged or worn areas in the artificial turf surface must be repaired or removed and replaced in a manner that results in consistent appearance with the 7 Text Amendment No. 23-01 July 25, 2023 Page 4 of 16 existing artificial turf. The artificial turf surface must be replaced once it is unable to be maintained as required. Vehicle parking on artificial turf is prohibited. Additionally, landscape alterations which include artificial turf or that are larger than 2,500 square feet must comply with the City’s Water Efficient Landscape Ordinance and be approved by the Planning Division prior to installation. Figure 1 - 15% Artificial Turf Coverage Figure 1 above shows a 25 foot front yard setback on a 75 foot wide lot, a typical lot size in the City, with a 16 foot wide driveway (gray), a typical driveway width that leads into a two car garage. The dark green represents artificial turf, light green represents natural landscaping, the gray represents driveway, and hatched lines represent the City’s parkway (in some cases it contains a paved sidewalk). A total of 281 square feet of artificial turf (or 15 percent of the front yard) is permitted for a front yard of this size. The diagram gives an idea of what the percentage of artificial turf area would look like when taking into account the City’s parkway area at the front of the yard. Percentage Increase Study The ongoing statewide drought and subsequent watering limitations affecting the City of Arcadia in recent years has required residents to rethink the fully landscaped yards and green grass lawns typical of Arcadia residences. During this time, drought tolerant landscaping has been promoted as an alternative to encourage water conservation. As we continue to experience drought, the City has received numerous requests from residents to give additional consideration to the limitations on artificial turf as a means for water conservation and/or landscape maintenance. Additionally, a few residential properties have been improved with artificial turf amounts that exceed the permitted amount allowed by the City. As a result, many of these properties currently have code violations since the improvements were not approved. 8 Text Amendment No. 23-01 July 25, 2023 Page 5 of 16 Figure 2 – Narrow Lot that Cannot Apply Any Artificial Turf Under Current Standards City staff studied various options for potentially increasing the artificial turf limitations in the front and street side yard areas ranging from a slight increase up to 100% artificial turf on different lot sizes typically found in Arcadia. The current 15% maximum, while allowing some artificial turf on lots with a width of 75 feet or greater, prevented most smaller lots from including any artificial turf in the front yard, as their driveways and walkways took up all of the allowed 40% maximum hardscape (see Figure 2 above). In reviewing these options, properties that were in violation of the artificial turf regulations were also studied. The two properties shown below show examples of what properties look like with larger amounts of artificial turf and what the property owners did to bring those sites into compliance with the current regulations. Figure 3, Before – With Artificial Turf that Exceeds the Maximum Limit 9 Text Amendment No. 23-01 July 25, 2023 Page 6 of 16 Figure 3, After – Artificial turf was replaced with natural landscape. This is the same house above but was brought into compliance. The property above in Figure 3, while providing a balance of natural landscaping and artificial turf type that meets the specifications of the code, was in violation for having over 15% of the front yard covered in artificial turf and was required to remove a significant portion of artificial turf to bring it into compliance. Figure 4, Before –With Artificial Turf 10 Text Amendment No. 23-01 July 25, 2023 Page 7 of 16 Figure 4, After –Artificial turf replaced with natural landscape. The property above in Figure 4 had a majority of the front yard covered in hardscape consisting of the driveway, walkway, and artificial turf with very small pockets of natural landscaping. Since the driveway and walkway areas took up 40% of the front yard on this narrower lot, the artificial turf was removed and replaced with natural turf in order to comply with the current regulations. While some of the properties presented cohesive applications of artificial turf mixed with natural landscaping, the maximum hardscape and artificial turf requirements required most of the artificial turf to be removed. This leads to one of the main issues with artificial turf in the City today, which is that a large expense goes into applying artificial turf and approval is not always sought out. At the March 7, 2023 City Council meeting, Staff presented three options to the City Council; 1) Keep the artificial turf standards the same, 2) Increase the percentage to allow more artificial turf, or 3) Do not limit the amount of artificial turf. In consideration of the cohesive applications of artificial turf seen in some of the code cases which presented a balanced look while still providing significant portions of natural landscaping and smaller lots which were hindered by the current regulations, Staff recommended increasing the amount of artificial turf in the front and street side yards while not increasing the amount of other hardscape materials. This would allow more leniency in the amount of turf for sites in violation of the code, still require a generous portion of natural landscaping, and allow the front and street-side yards to remain green throughout the year. After much 11 Text Amendment No. 23-01 July 25, 2023 Page 8 of 16 discussion, the City Council agreed that the existing regulations should be amended to allow more artificial turf. Proposed Changes to the Standards After initially considering a sliding scale that would allow a tiered artificial turf percentage for the different lot sizes in the City, it was determined that a set percentage for all properties would be easier for the public to understand and to regulate. Ultimately it would not make much of a difference to the amount of artificial turf on each lot. Under the proposed amendment, the amount of hardscape will remain at 40% if artificial turf is not used but will expand to a maximum of 60% if artificial turf is proposed. In other words, any hardscape over 40% must be artificial turf - refer to Attachment No. 1, Exhibit A for the entire text amendment. Artificial turf will continue to not be permitted within the public parkway. All remaining area outside of the percentages listed above must be natural landscape. A property maximizing the proposed changes would have at least 40% of naturally landscaped materials within the front and/or street yard areas. At most, 40% of the front and corner yards will have hardscape materials that comprise the driveways and walkways. The remaining 20% would consist of artificial turf. The proposed percentage of 60% would still provide a reasonable area of natural landscaping that can be blended with artificial turf and still provide an adequate and functional driveway and walkways. Figure 5 - Artificial Turf Under the Proposed Regulations Figure 5 is another example of how much more artificial turf a property owner could have under this amendment, when compared to Figure 1 under the existing regulations. A total of 725 square feet of artificial turf (or about 38.5% of the front yard) is permitted on a lot 12 Text Amendment No. 23-01 July 25, 2023 Page 9 of 16 that is 75 wide with a 16 foot wide driveway. The diagram also shows the parkway area in relation to the private property, which will be required to be naturally landscaped, aside from any sidewalks that are present. Any landscaping within the City’s parkway would give the adjacent front yard a sense of a larger naturally landscaped area. Another proposed change to the City’s artificial turf regulations is where the artificial turf may be placed on the property. Currently, artificial turf is not allowed to be installed within 10 feet of a sidewalk, or within 20 feet from the curb if there is no sidewalk. This means that properties that have a landscaped parkway must set any artificial turf eight (8) feet inside the front and/or street-side property lines (because parkways are typically 12’ in width). The text amendment will change the City’s regulations to allow artificial turf at a minimum of one foot inside the property line. This proposed change will allow sufficient area for property owners to install artificial turf up to the maximum allowed under the new regulations. The one-foot setback will ensure the City’s Engineering Division and Public Works Department have sufficient space to complete any sidewalk or parkway improvements without damaging the artificial turf. Artificial turf is still not allowed within the City’s public right-of-way (or public parkway/sidewalk) to ensure the City has access to utilities, street trees, and other public infrastructure. This limitation will not change under this amendment and will essentially provide additional naturally landscaped areas to the front and street side yard. Any application of artificial turf within the front and street side yard areas will require the approval of a landscape plan and is subject to the City’s design review process with the Planning Division or, if the property is located within one of the five designated Homeowners Association (HOA) areas, it is subject to the Architectural Review Board (ARB) Chair’s review. This will ensure that front and street side yards present a cohesive design and meet the intent of the Design Guidelines for landscaping. Additionally, through this process, Staff may ensure that there are sufficient artificial turf buffers around protected trees which may differ on a case-by-case basis. To ensure that the artificial turf is of high quality and a durable material, the City’s regulations on artificial turf material, length, color, durability, installation, and maintenance will not change under this text amendment. This includes requiring that the turf has: A minimum eight-year no-fade warranty Material made from specific lead-free products A minimum blade height of 1.5 inches Is green in color with a tan fiber base layer and soil colored fill Is maintained over time Figure 7 below shows the general composition of layers for an artificial turf application. 13 Text Amendment No. 23-01 July 25, 2023 Page 10 of 16 Figure 7 – Artificial Turf Layer Detail Very High Fire Hazard Severity Zone A recent change in the law with regard to fire safety also impacts the placement of artificial turf. State law prohibits installation of any non-State Fire Marshal listed petroleum-based products, such as artificial turf, within 100 feet of any structures if the property is located within a VHFHSZ – refer to Attachment No. 2 of the VHFHSZ area. The Public Resources Code 4291 created the concept of “defensible space” in 1965 as a response to unmitigated wildfires throughout the state. The original defensible space required only 30 feet of reduction of combustible and flammable materials around the structure. In 2006, this distance was increased to 100 feet. In 2023, the State added petroleum materials to the list such as polyethylene, PVC, polypropylene, polystyrene, polyester, nylon and acrylic. This is what artificial turf is made from since it is made of artificial fibers. These products are highly flammable, release highly toxic gasses when ignited, and would hinder firefighting efforts in the event of a wildfire. Currently, there are no artificial turf manufacturers that produce California State Fire Marshal listed products for the VHFHSZ. As a result, a regulation is being added to the Development Code to make it clear to residents that artificial turf is not permitted within a defensible space area in the VHFHSZ. Restricting petroleum based artificial turf within the defensible spaces will ensure there are no fire fuels located within the vicinity of a structure in areas subject to wildfires. Non-Compliant Properties with Artificial Turf With the proposed changes, three of the nine non-compliant properties would become compliant subject to artificial turf being removed from the City’s parkway areas. Two of the properties currently located in the VHFHSZ will have to remove their artificial turf in 14 Text Amendment No. 23-01 July 25, 2023 Page 11 of 16 its entirety. The last four remaining properties which contain close to 100% hardscape in the front yard, including artificial turf, will need to remove approximately 40% of the hardscape to meet the new regulations, if approved by the City Council. However, under the current regulations, these properties would essentially need to remove close to all of the artificial turf, as their existing pavement takes up a majority of the 40% maximum hardscape. Comparison to Other Cities The proposed changes are in line with other cities in San Gabriel Valley, some of which have recently updated their regulations to be even more permissive with regard to artificial turf. Table 1 below shows what other cities allow. Like Arcadia, many of them require design review to ensure the landscape plan is a well-thought design that is cohesive, and the plan must be prepared by a licensed landscape architect since it is subject to the Water Efficiency Landscape Ordinance (WELO). Table 1– Surrounding Cities Artificial Turf Regulations CITY ARTIFICIAL TURF PERCENTAGE Alhambra (updated in 2016) & Monterey Park No limit; artificial turf counted as landscaping Temple City (updated in 2023) 43% max artificial turf; minimum 22% live vegetation required Duarte (updated in 2016) and El Monte (updated in 2023) 40% max artificial turf; minimum 20% landscape required La Canada Flintridge, Sierra Madre, and Rosemead 50% max. hardscape (includes artificial turf) San Marino 45% max. hardscape (includes artificial turf) South Pasadena 30% max. hardscape (includes artificial turf) San Gabriel 25% max. artificial turf Pasadena & Monrovia Requires submittal of landscape plan – These cities do not have a maximum limit. There was a wide range of artificial turf percentages throughout the various cities in the vicinity. Currently, Arcadia is one of the more restrictive cities in terms of allowed artificial turf area compared to neighboring cities. Temple City, El Monte, Duarte and Alhambra have changed their artificial turf regulations since 2016. While Alhambra does not have a limit, the other cities have set a higher maximum amount of artificial turf and a minimum amount of natural landscaping in the front and street side yard areas. In comparison to the 20% and 22% minimum landscaping set by those cities, Arcadia would essentially require more, with a minimum of 40% landscaping required when using artificial turf. With 15 Text Amendment No. 23-01 July 25, 2023 Page 12 of 16 the proposed changes, Arcadia would fall within the middle of the list of the surrounding cities in regard to artificial turf allotment. Advantages of Artificial Turf Some of the advantages of using artificial turf are that it requires very little maintenance, conserves water, and reduces greenhouse gas emissions and pollutants since it does not need to be mowed or fertilized. It is also ideal for certain areas on properties that get very little sunlight, always appears green and healthy, looks well-manicured, is manufactured to be non-toxic and non-allergenic, is typically warrantied to last between 8 to 15 years, is uninhabitable by mosquitos, fleas, and ticks, and allows water/rainwater to percolate through the turf and into the ground. An artificial turf area that is approximately 750 square feet can conserve 22,000 gallons of water per year. Disadvantages of Artificial Turf While artificial turf can be considered environmentally friendly in some regards, there are also disadvantages in using this material. One of the disadvantages of artificial turf is that it is made of rubber and plastic and can reach much higher temperatures (20 to 50 degrees higher) than the outdoor temperature causing a “heat island” effect. Heat islands contribute to higher daytime temperatures, reduce nighttime cooling, and can contribute to higher air-pollution levels. Many types of artificial turf are not biodegradable and typically are disposed of in landfills. Also, it can trap bacteria from animal droppings. Furthermore, it can be costly to install as a 500 square foot application typically costs over $6,000. Despite these disadvantages, artificial turf installation has been improved to now provide products which may reduce the overall heat island effect and prevent odor and bacteria from animals. Additionally, the installation and maintenance regulations in the Development Code are in place to ensure no additional issues arise with the quality of the artificial turf being used. While there are pros and cons to installing artificial turf, many property owners have made it known to Staff that they would like to install more artificial turf to meet their preferences and needs. Given that the State is still in a drought and that many residents are trying to do the right thing by conserving water, relaxing the standards to allow more artificial turf will give property owners the option to be more flexible and creative with their landscape design. 2. Allowing Tutoring and Educational Centers as an Accessory Use to Places of Religious Assembly Currently, the Development Code does not allow any accessory uses at places of religious assembly other than day care centers or part-time or full-time schools, which are 16 Text Amendment No. 23-01 July 25, 2023 Page 13 of 16 incidental to the place of worship. Places of religious assembly are often used only one or two days per week, on weekends, and contain large spaces suitable for gatherings and classroom style teaching. Tutoring and educational centers typically operate throughout the week during after school hours. This means the two uses would be compatible with one another as they would occupy the same space at different times throughout the week. Being able to rent the otherwise underutilized space provides opportunities for places of religious assembly to generate income, allowing for ongoing financial stability. Many places of religious assembly continue to suffer from reduced attendance after COVID-19 and need ongoing income to maintain their services and buildings. The proposed text amendment will allow tutoring and educational centers as an accessory use at places of religious assembly in all zones, subject to the approval of a Conditional Use Permit. Tutoring and educational uses require the approval of a Conditional Use Permit to operate within other zones throughout the City. A Conditional Use Permit will ensure that such a business will be suitable for the space it is occupying, that the hours of operation will not create any issues with the primary use or neighboring properties, that there will be sufficient parking and drop-off areas on site, and that the tutoring or educational center will not create any potential impacts. Conditional Use Permits are subject to public hearings at the Planning Commission under all circumstances. FINDINGS Pursuant to Section 9108.03.060, an amendment to the Development Code may be approved only if all the following findings are made: 1. The proposed Development Code amendment is consistent with the goals, policies, and objectives of the General Plan and any applicable specific plan(s). Facts to Support the Finding: The proposed amendments are consistent with the policies of the General Plan, which serves as a guide to address the long-term physical development and growth of the City. The amendment to allow more artificial turf on residentially zoned properties will ensure that the urban design practices will further reduce water consumption, pollution, and greenhouse gas emissions and support the needs of the City residents with the following General Plan goal and policies: Resource Sustainability Element Goal RS-4: Wise and sustainable water use practices that respond to and support the needs of City residents and businesses. 17 Text Amendment No. 23-01 July 25, 2023 Page 14 of 16 Policy RS-4.3: Require that applications for major new development projects address the adequacy and reliability of water supplies as described in SB 610. Policy RS-4.6: Implement aggressive public and private programs to reduce water use and water waste associated with landscape irrigation, including the planting of native and drought-tolerant plants, use of efficient irrigation systems, and collection and recycling of runoff. The proposed amendment to allow tutoring and educational centers to serve as accessory uses at places of religious assembly through a Conditional Use Permit process is consistent with the General Plan because it encourages the City to tailor its regulations to respond to the market as it changes, maximize revenue, and maintain appropriate business mix and to provide economic opportunities for the various uses in the City. Allowing a tutoring and educational center would be an appropriate mix of uses within a place of religious assembly since many of these facilities offer this type of service or programs through their ministry and have the facility to accommodate such use. This proposed amendment is consistent with the following General Plan goal and policies: Economic Development Element Policy ED-1.9: Tailor regulations to respond to market changes, maximize revenue, and maintain the appropriate business mix. Land Use Element Goal LU-1: A balance of land uses that preserves Arcadia’s status as a Community of Homes and a community of opportunity. Policy LU-1.2: Promote new uses of land that provide diverse economic, social, and cultural opportunities, and that reinforce the characteristics that make Arcadia a desirable place to live. The proposed amendment to the artificial turf is consistent with the City’s General Plan because it puts measures in place that will promote water conservation through landscaping, and the amendment to allow tutoring and educational centers in places of religious assembly will help their existing organization provide other opportunities that are currently compatible with their existing operation. Therefore, the proposed Text Amendment and ordinance are consistent with the City’s adopted General Plan and any applicable specific plan(s). 18 Text Amendment No. 23-01 July 25, 2023 Page 15 of 16 2. The proposed amendment is internally consistent with other applicable provisions of this Development Code. Facts to Support the Finding: The proposed amendments are internally consistent with other applicable provisions of this Development Code in that artificial turf is currently allowed on residentially zoned property. The amendment would only increase the percentage to allow more, and the applicable provisions concerning the installation, specification of the products, and ensuring that it is a well thought-out design with other landscaping and hardscape materials will remain the same. As for the amendment to allow a tutoring and educational center within a place of religious assembly, it will also be internally consistent with provisions of the Development Code because any approval would be subject to a discretionary review through a Conditional Use Permit to ensure that all potential impacts will be addressed and that the proposed use would be compatible with the existing use on-site and with the surrounding business and/or community. Therefore, the proposed amendment is internally consistent with other applicable provisions of this Development Code. ENVIRONMENTAL ASSESSMENT The proposed text amendments to the Development Code are exempt from review under the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) where it can be seen with certainty that there is no possibility that a project may have a significant effect on the environment, therefore the project is not subject to CEQA. A Preliminary Exemption Assessment is included as Attachment No. 3. PUBLIC COMMENTS/NOTICE The public hearing notice for the Text Amendment was published in the Arcadia Weekly on June 29, 2023. On June 28, 2023, a letter was sent to all the affected property owners that have non-permitted artificial turf and to the five City designated Homeowners Association Presidents and Architectural Review Board Chairs informing them of the proposed changes. As of July 21, 2023, Staff received one verbal comment in favor of the proposed changes from one of the affected property owners that has non-permitted artificial turf. RECOMMENDATION It is recommended that the Planning Commission adopt Resolution No. 2129, recommending that the City Council approve Text Amendment No. TA 23-01 amending various sections of Chapter 1, Article IX, of the Arcadia Development Code pertaining to artificial turf in residential zones and allowing tutoring and educational centers in places of religious assembly. 19 Text Amendment No. 23-01 July 25, 2023 Page 16 of 16 If any Planning Commissioner or other interested party has any questions or comments regarding this matter prior to the July 25, 2023 hearing, please contact Associate Planner, Edwin Arreola at (626) 821-4334, or by email at earreola@ArcadiaCA.gov Approved: Lisa L. Flores Deputy Development Services Director Attachment No. 1: Resolution No. 2129 with Exhibits - Text Amendments Attachment No. 2: Map of the Very High Fire Hazard Severity Zones Attachment No. 3: Preliminary Exemption Assessment 20 24347.00004\41487624.1 RESOLUTION NO. 2129 RECOMMENDING THAT THE CITY COUNCIL APPROVE TEXT AMENDMENT NO. 23-01 AMENDING VARIOUS SECTIONS OF ARTICLE IX, CHAPTER 1 (DEVELOPMENT CODE) OF THE ARCADIA MUNICIPAL CODE PERTAINING TO ARTIFICIAL TURF ON RESIDENTIALLY ZONED PROPERTIES AND ALLOWING TUTORING AND EDUCATIONAL CENTERS IN PLACES OF RELIGIOUS ASSEMBLY WHEREAS, the Development Services Department has initiated a text amendment No. TA 23-01 to amend and update various sections of the City’s Development Code (Article IX, Chapter 1 of Arcadia’s Municipal Code) (referred to as “Text Amendment”); and WHEREAS, the proposed Text Amendment would result in changes to the Development Code to “Division 2: Land Use Regulations and Allowable Uses” to allow tutoring and educational centers in places of religious assembly through a Conditional Use Permit, to “Division 3: Landscaping” to allow more artificial turf on residentially zoned properties, and to “Division 9: Definitions”, as shown in Exhibit “A through C” of this Resolution; and WHEREAS, on June 5, 2023, Planning Services completed an environmental review of the proposed Text Amendment and determined that the project is exempt from review under the California Environmental Quality Act ("CEQA") pursuant to Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that the Text Amendment would not have a significant effect on the environment and, thus, is not subject to CEQA review; and WHEREAS, on June 29, 2023, the City published notice of the public hearing for the Text Amendment in a newspaper of general circulation (Arcadia Weekly) of the 21 24347.00004\41487624.1 2 Planning Commission public hearing at which the Text Amendment would be reviewed with a recommendation to the City Council; and WHEREAS, on July 25, 2023, the Planning Commission held a duly-noticed public hearing and considered the staff report, recommendations by staff, and public testimony concerning the Text Amendment; and NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission hereby finds that the factual data set forth in the Recitals of this Resolution and by the Development Services Department in the staff report dated July 25, 2023, are true and correct. SECTION 2. The Planning Commission finds, based on the entire record, and all written and oral evidence presented, as follows: 1. The proposed Text Amendment is consistent with the City’s adopted General Plan and any applicable specific plan(s). FACT: The proposed amendments are consistent with the policies of the General Plan, which serves as a guide to address the long-term physical development and growth of the City. The amendment to allow more artificial turf on residentially zoned properties will ensure that the land uses and urban design practices will further reduce water consumption, pollution, and greenhouse gas emissions and support the needs of the City residents with the following General Plan goal and policies: Resource Sustainability Element 22 24347.00004\41487624.1 3 Goal RS-4: Wise and sustainable water use practices that respond to and support the needs of City residents and businesses. Policy RS-4.3: Require that applications for major new development projects address the adequacy and reliability of water supplies as described in SB 610. Policy RS-4.6: Implement aggressive public and private programs to reduce water use and water waste associated with landscape irrigation, including the planting of native and drought-tolerant plants, use of efficient irrigation systems, and collection and recycling of runoff. The proposed amendment to allow tutoring and educational centers to serve as accessory uses at places of religious assembly through a Conditional Use Permit process is consistent with the General Plan because it encourages the City to tailor its regulations to respond to the market as it changes, maximize revenue, and maintain appropriate business mix and to provide economic opportunities for the various uses in the City. Allowing a tutoring and educational center would be an appropriate mix of uses within a place of religious assembly since many of these facilities offer this type of service or programs through their ministry and have the facility to accommodate such use. This proposed amendment is consistent with the following General Plan goal and policies: Economic Development Element Policy ED-1.9: Tailor regulations to respond to market changes, maximize revenue, and maintain the appropriate business mix. Land Use Element Goal LU-1: A balance of land uses that preserves Arcadia’s status as a Community of Homes and a community of opportunity. 23 24347.00004\41487624.1 4 Policy LU-1.2: Promote new uses of land that provide diverse economic, social, and cultural opportunities, and that reinforce the characteristics that make Arcadia a desirable place to live. The proposed amendment to the artificial turf is consistent with the City’s General Plan because it puts measures in place that will promote water conservation through landscaping, and the amendment to allow tutoring and educational centers in places of religious assembly will help their existing organization provide other opportunities that are currently compatible with their existing operation. Therefore, the proposed Text Amendment and ordinance are consistent with the City’s adopted General Plan and any applicable specific plan(s). 2. For Development Code amendments only, the proposed amendment is internally consistent with other applicable provisions of this Development Code. FACT: The proposed amendments are internally consistent with other applicable provisions of this Development Code in that artificial turf is currently allowed on residentially zoned property. The amendment would only increase the percentage to allow more, and the applicable provisions concerning the installation, specification of the products, and ensuring that it is a well-thought out design with other landscaping and hardscape materials will remain the same. As for the amendment to allow a tutoring and educational center within a place of religious assembly, it will also be internally consistent with provisions of the Development Code because any approval would be subject to a discretionary review through a Conditional Use Permit to ensure that all potential impacts will be addressed and that the proposed use would be compatible with the existing use on-site and with the surrounding business and/or community. Therefore, the proposed 24 24347.00004\41487624.1 5 amendment is internally consistent with other applicable provisions of this Development Code. Section 3. The Planning Commission determines that the proposed Text Amendment is exempt from review under the California Environmental Quality Act ("CEQA") pursuant to Section 15061(b)(3) of the CEQA Guidelines, which exempts from review where it can be seen with certainty that the Text Amendment would not have a significant effect on the environment and, thus, is not subject to CEQA review. Section 4. Based on the entire record before the Planning Commission, all written and oral evidence presented to the Planning Commission, and the findings made in the staff report and this Resolution, the Planning Commission hereby recommends that the City Council approve Text Amendment No. TA 23-01, as reflected in Exhibits "A through C” of Draft Ordinance No. 2397 of this Resolution. SECTION 5. The Secretary shall certify as to the adoption of this Resolution. 25 24347.00004\41487624.1 6 (SIGNATURES ON NEXT PAGE) 26 24347.00004\41487624.1 7 Passed, approved and adopted this 25th day of July, 2023. ____________________ Vincent Tsoi, Chair, Planning Commission ATTEST: ______________________ Lisa L. Flores Secretary APPROVED AS TO FORM: ______________________ Michael J. Mauer City Attorney 27 24347.00004\41487624.1 8 EXHIBIT “A” Development Code, Division 2 – Land Use Regulations and Allowable Uses 28 24347.00004\41487624.1 9 Development Code - Division 2 – Land Use Regulations and Allowable Uses 9102.01.020 Land Use Regulations and Allowable Uses Amended by Ord. No. 2347 Amended by Ord. No. 2348 Amended by Ord. No. 2363 Amended by Ord. No. 2369 & 2370 A. Allowed Uses. Table 2-1 (Allowed Uses and Permit Requirements for Residential Zones) indicates the uses allowed within each residential zone and any permits required to establish the use, pursuant to Division 7 (Permit Processing Procedures). The regulations for each zone are established by letter designations as follows: “P” represents permitted (allowed) uses. “A” represents accessory uses. “M” designates uses that require the approval of a Minor Use Permit subject to requirements of Section 9107.09 (Conditional Use Permit and Minor Use Permit) of this Development Code. “C” designates uses that require the approval of a Conditional Use Permit subject to requirements of Section 9107.09 (Conditional Use Permit and Minor Use Permit) of this Development Code. “--” designates uses that are not permitted. B. Director Determination. Land uses are defined in Division 9 (Definitions). In cases where a specific land use or activity is not defined, the Director shall assign the land use or activity to a classification substantially similar in character. Land uses not listed in the table or not found to be substantially similar to the land uses below are prohibited. C. Specific Use Regulations. Where the last column in Table 2-1 (Allowed Uses and Permit Requirements for Residential Zones) includes a Section, Subsection, or Division number, the regulations in the referenced Section, Subsection, or Division shall apply to the use. Table 2-1 Allowed Uses and Permit Requirements for Residential Zones P Permitted A Permittedas an Accessory Use M Minor Use Permit Required C Conditional Use Permit Required -- Not Allowed Land Use R-M R-0 R-1 R-2 R-3 R-3-R Specific Use Regulations Other Uses Antennas and Wireless Communication Facilities - Co-location or Panel -- -- -- -- P P Exception: All facilities are permitted on City- owned properties and public rights-of-way. New standalone facilities are not permitted in 29 24347.00004\41487624.1 10 9102.03.020 Land Use Regulations and Allowable Uses Amended by Ord. No. 2375 A. Allowed Uses. Table 2-8 (Allowed Uses and Permit Requirements for Commercial and Industrial Zones) indicates the land use regulations for Commercial and Industrial zones and any permits required to establish the use, pursuant to Division 7 (Permit Processing Procedures). The regulations for each zone are established by letter designations as follows: “P” represents permitted (allowed) uses. “A” represents accessory uses. “M” designates uses that require the approval of a Minor Use Permit subject to requirements of Section 9107.09 (Conditional Use Permits and Minor Use Permits) of this Development Code. “C” designates uses that require the approval of a Conditional Use Permit subject to requirements of Section 9107.09 (Conditional Use Permits and Minor Use Permits) of this Development Code. “--” designates uses that are not permitted. B. Director Determination. Land uses are defined in Division 9 (Definitions). In cases where a specific land use or activity is not defined, the Director shall assign the land use or activity to a classification substantially similar in character. Land uses not listed in the table or not found to be substantially similar to the land uses below are prohibited. C. Specific Use Regulations. Where the last column in Table 2-8 includes a Section, Subsection, or Division number, the regulations in the referenced Section, Subsection, or Division shall apply to the use. Table 2-8 Allowed Uses and Permit Requirements for Commercial and Industrial Zones P Permitted by Right (1) A Permitted as an Accessory Use M Minor Use Permit C Conditional Use Permit -- Not Allowed Land Use C-O C-G C-R M-1 Specific Use Regulations Antennas and Wireless Communication Facilities - Standalone Facility -- -- -- -- -- -- ArchitecturalDesign (D) overlay zones. See also Subsection 9104.02.050 (Antennas and Wireless Communication Facilities) Placesof ReligiousAssembly -- C C C C -- Tutoring and Educational Centers may be permitted as an Accessory Use under a Conditional Use Sports Courts (Private) P P P P P P Must comply with Subsection9104.02.330 (Sports Courts in Residential Zones) Sports Courts (Private) with Lighting M M M M M M RechargingStations A A A A A A Utility Structures and Service Facilities C C C C C C 30 24347.00004\41487624.1 11 Other Uses Assembly/Meeting Facilities, Public or Private M M --M Donation Box – Outdoor M M --M See Subsection 9104.02.120 (Donation Box – Outdoor) Drive-Through or Drive-Up Facilities -- C --C See Subsection 9104.02.130 (Drive-through and Drive-up Facilities) ExtendedHours Uses C C M C See Subsection 9104.02.150 (Extended Hours Uses) Places of ReligiousAssembly M M --M Tutoring and Educational Centers may be permitted as an Accessory Use under a Conditional Use Permit. Stable, Public and Private -- ----C Reverse Vending Machines – Consumer Goods P P P P Allowed indoors only Vending Machines P P P P Allowed indoorsonly 9102.05.020 Land Use Regulations and Allowable Uses in Downtown Zones Amended by Ord. No. 2348 & 2356 Amended by Ord. No. 2369 & 2370 Amended by Ord. No. 2375 A. Allowed Uses. Table 2-10 (Allowed Uses and Permit Requirements for Downtown Zones) indicates the land use regulations for the Downtown zones and any permits required to establish the use, pursuant to Division 7 (Permit Processing Procedures). The regulations for each zone are established by letter designations as follows: “P” represents permitted (allowed) uses. “A” represents accessory uses. “M” designates uses that require the approval of a Minor Use Permit subject to requirements of Section 9107.09 (Conditional Use Permits and Minor Use Permits) of this Development Code. “C” designates uses that require the approval of a Conditional Use Permit subject to requirements of Section 9107.09 09 (Conditional Use Permits and Minor Use Permits) of this Development Code. “UF” designates uses that are permitted on upper floors only, and are not allowed on the ground floor of a structure. “--” designates uses that are not permitted. B. Director Determination. Land uses are defined in Division 9 (Definitions). In cases where a specific land use or activity is not defined, the Director shall assign the land use or activity to a classification substantially similar in character. Land uses not listed in the table or not found to be substantially similar to the land uses below are prohibited. C. Specific Use Regulations. Where the last column in Table 2-10 (Allowed Uses and Permit Requirements for 31 24347.00004\41487624.1 12 Downtown Zones) includes a Section, Subsection, or Division number, the regulations in the referenced Section, Subsection, or Division shall apply to the use. Table 2-10 Allowed Uses and Permit Requirements for Downtown Zones P A C M -- (UF) Permitted by Right Permitted as an Accessory Use ConditionalUse Permit Minor Use Permit Not Allowed Upper Floor Permitted,Not Allowed on Ground Floor Land Use CBD MU DMU CM Specific Use Regulations Utility Structures and Service Facilities P P P P Subject to Site Plan and Design Review pursuant to Section 9107.19 (Site Plan and Design Review). Other Uses Assembly/Meeting Facilities, Publicor Private -- -- -- M Donation Box – Outdoor -- -- -- M Extended Hours Use M C M C See Subsection9104.02.150 (Extended Hours Uses) Places of Religious Assembly -- -- -- M Tutoring and Educational Centers may be permitted as an Accessory Use under a Conditional Use Permit Drive-Through or Drive-Up Facilities -- -- -- C See Subsection 9104.02.130 (Drive- through and Drive-up Facilities) Reverse Vending Machines – Consumer Goods P P P P Allowed indoors only Vending Machines P P P P Allowed indoors only Urban Agriculture A A A A (1) Accessory dwelling units are subject to the development standards in Subsection 9102.01.080. 32 24347.00004\41487624.1 13 EXHIBIT “B” Development Code, Division 3 - Landscaping 33 24347.00004\41487624.1 14 Development Code – Division 3 – Landscaping Section 9105.09 – Landscaping Subsections: 9103.09.010 Purpose and Intent 9103.09.020 Applicability 9103.09.030 Landscape Plan Required; What Constitutes Landscape Materials 9103.09.040 Landscape Requirements 9103.09.050 Landscape Irrigation and Maintenance 9103.09.010 Purpose and Intent The City promotes the value and benefits of landscapes while recognizing the need to conserve water and other resources as efficiently as possible. This Section establishes minimum landscape standards for all uses in compliance with applicable state standards and guidelines and to promote sustainable development. The purpose of this Section is to establish a structure for planning, designing, installing, maintaining, and managing water-efficient landscapes in new construction and rehabilitated projects. 9103.09.020 Applicability A. General. This Section shall supplement the Water Efficient Landscaping Ordinance (Sections 7554.2–7554.9) and shall be apply to all of the following landscape projects, as listed in Section 7554.3: 1. New construction projects with an aggregate landscape area equal to or greater than 500 square feet requiring a building or landscape permit, plan check, or design review; 2. Rehabilitated landscapes projects with an aggregate landscape area equal to or greater than 2,500 square feet requiring a building or landscape permit, plan check, or design review; and 3. Existing landscape areas that are one acre or more for which a water efficient landscape worksheet shall be prepared according to the specifications for existing landscapes in the Landscape Documentation Package. B. Exemptions. The provisions of this Section shall not apply to: 1. Registered local, state or federal historical sites; 2. Ecological restoration projects that do not require a permanent irrigation system; 3. Mined-land reclamation projects that do not require a permanent irrigation system; or 4. Botanical gardens and arboretums open to the public. 9103.09.030 Landscape Plan Required; What Constitutes Landscape Materials A. Plan Check Requirements and Content. A Landscape Documentation Package prepared by a licensed landscape architect shall be required for all applicable projects as described in the Water Efficient Landscaping 34 24347.00004\41487624.1 15 Ordinance (see Section 7554.3), and for any project involving the installation of artificial turf within the front or street side yards. 9103.09.040 Landscape Requirements Amended by Ord. No. 2375 A.Applicability.The standards in this Section shall apply to residential and non-residential uses. B. Landscape Requirement for Residential Zones. All areas of a site not devoted to structures, driveways, or walkways shall be landscaped with lawn, trees, shrubs, or other plant materials, and shall be permanently maintained in a neat and orderly manner. 1. R-M, R-0 and R-1 Zones a. The front and street-side areas shall be landscaped with lawn, trees, shrubs, or other plant materials, and shall be permanently maintained in a neat and orderly manner. b. Hardscape materials of driveways and pedestrian walkways, including pavement, concrete, interlock pavers, and the use of artificial turf rock, stone, brick, block, wooden planks, or similar material, shall not cover more than 40 percent of the required front setback or street side. See Figure 3-17 (Front Setback Area-60% Landscaping Required). For the use of artificial turf as hardscape within the required front and street side yard areas, see subsection 9103.09.040(D)(b). Figure 3-17 Front Setback Area – 60% Landscaping Required 2. R-M Zone. All cut or fill slopes exceeding six feet six inches in vertical height between two or more contiguous lots shall be planted with adequate plant material to protect the slope against erosion. The planting shall cover the bank within two years from the time of planting. The permittee, owner, or developer shall water the planted slopes at sufficient time intervals to promote growth. 3. R-2 and R-3, and R-3-R Zones. a. The front/street side areas shall be landscaped with lawn, trees, shrubs, or other plant materials, and shall be permanently maintained in a neat and orderly manner. 35 24347.00004\41487624.1 16 b. Hardscape materials of driveways and pedestrian walkways, including pavement, concrete, interlock pavers, and the use of artificial turf rock, stone, brick, block, wooden planks, or similar material, shall not cover more than 40 percent of the required front setback or street side. See Figure 3-17 (Front Setback Area-40% Landscaping Required). For the use of artificial turf as hardscape within the required front and street side yard areas, see subsection 9103.09.040(D)(b). C.Landscape Requirement for Commercial, Mixed Use, and Industrial Zones 1. Required Areas. All setbacks, parkways, open areas, plazas, paseos, and non-work areas that are visible from a public street/alley or from a parking lot available to the general public shall be landscaped. 2.Landscape Coverage Requirement.Shrubs, groundcover, and other plant material shall cover all areas not occupied by structures, parking areas, storage, trash enclosures, driveways, and sidewalks at the time of issuance of a Certificate of Occupancy. Embellished pavement, fountains, and similar hardscape materials may, in part, be substituted for the required landscaping through the Site Plan and Design Review process. 3. Parkway-adjacent Planting and Maintenance. All landscaped parkway areas located between the sidewalk and the edge of development shall meet the following requirements: a. The ground surface shall contain low shrubbery, mulch, or ground cover to provide coverage within two years. b. If a wall or fence separates the development from the street, planting vines or espalier shrubs shall be incorporated into the planting design. 4. Required Landscaping for Loading Areas. Loading areas shall incorporate landscaping to provide screening if visible from the public right-of-way, adjacent uses, and pedestrians. 5. Special Requirements for Drive-through Businesses a. Five-foot-wide raised planters shall be located along the street side property line, except for curb cut openings. b. Three-foot-wide raised planters shall be located along the walls of the interior property lines to a distance equal to the front building line. For this purpose, canopies and other such structural appurtenances shall not be considered the front building line. c. A minimum of 150 square feet of raised planting area shall be located at the intersection of two property lines at a street corner. d. A minimum of 30 square feet of raised planting area shall be located along the building facades fronting on the street. e. All planting areas shall be separated from adjacent asphaltic concrete paving by six-inch minimum curb walls. D. Artificial Turf 1. Locations Permitted 36 24347.00004\41487624.1 17 a.Back Yards and Interior Side Setback Areas. Artificial turf is permitted in any zone within any back yard and/or interior side setback areas. b. Front and Street-Side Yards. In any residential zone, artificial turf is treated as hardscape. The hardscape shall be limited to 60 percent within the required front or street side yard areas and all the hardscape over the 40 percent maximum shall be artificial turf. If no artificial turf is proposed, then the hardscape shall be limited to 40 percent within the required front or street side yard areas. a maximum of 15 percent of the yard area within the front or street side yards may be installed with artificial turf. Artificial turf shall not be installed within 10 feet of a sidewalk or within 20 feet from the curb if there is no sidewalk one foot of the front and street side property line or within one foot of any public easements located in the front or street side yards. c.Not Permitted in Parkways. Artificial turf is not permitted within any parkway areas. d. Very High Fire Hazard Severity Zone. Artificial turf that is petroleum based shall not be allowed within 100 feet of a structure in the front, side, or rear yard areas, on properties that are located in the Very High Fire Hazard Severity Zone, per Public Resources Code 4291, to ensure that the defensible space of these properties is clear of any fire fuels. 2. Minimum Standards. To be used in the front or street-side yard, artificial turf must meet minimum standards for materials, installation, and maintenance. a. Materials and Style. Artificial turf must have a minimum eight-year no-fade warranty as issued by the manufacturer; be cut-pile infill and made from lead-free polypropylene, polyethylene or a blend of such fibers on a permeable backing; and, have a minimum blade length (pile height) of 1.5 inches, or as determined by the Director as manufacturing processes are updated. Nylon-based or plastic grass blades are not permitted. The use of indoor/outdoor carpeting, and artificial shrubs, flowers, trees and vines instead of natural plantings is prohibited. Infill medium must consist of ground rubber; rubber coated sand or other approved mixtures and must be brushed into the fibers of the artificial turf. The style of the fiber, color, and texture shall resemble fescue, rye, and other common natural grass blades. b. Installation. Artificial turf must be installed per all manufacturer’s requirements and must include removal of all existing plant material and top three inches of soil in the installation area; placement of filter fabric or synthetic porous material over compacted and porous crushed rock or other comparable material below the turf surface to provide adequate drainage; and, the area must be sloped and graded to prevent excessive pooling, runoff, or flooding onto adjacent property. Artificial turf areas must be sufficiently drained to live planting areas to provide complete infiltration of runoff. Artificial turf must be separated from live planting areas by a barrier such as a mow strip or bender board to prevent mixing of natural plant materials and artificial turf. Artificial turf must be permanently anchored with nails and glue, and all seams must be nailed, or sewn, and glued, with the grain pointing in a single direction. c. Maintenance. Artificial turf must be maintained in a green, fadeless condition; free of weeds, stains, debris, tears, holes, depressions, ruts, odors, and looseness at edges and seams. Damaged or worn areas in the artificial turf surface must be repaired or removed and replaced in a manner that results in consistent appearance with the existing artificial turf. The artificial turf surface must be replaced once it is unable to be maintained as required. Vehicle parking on artificial turf is prohibited. 37 24347.00004\41487624.1 18 9103.09.050 Landscape Irrigation and Maintenance A. The owner of any property, or any other person or agent in control of a property, on which is located any retaining walls, cribbing, drainage structures, planted slopes and other protective devices, required according to a permit granted under this Code or required under the issuance of a grading permit, shall maintain the retaining walls, cribbing, drainage structures, planted slopes, and other protective devices in good condition and repair at all times. B. All landscaped areas in nonresidential zones shall be provided with a permanent irrigation system installed below grade except for sprinkler heads. All domestic water supply lines to which irrigation systems are connected shall, when necessary, be protected by installation of atmospheric or pressure type vacuum breakers. At least one hose bibb shall be located each 100 linear feet, starting with one hose bibb at the front wall. Hose bibbs, wherever possible, shall be located in planting beds. In no case shall hose bibbs be located where they will interfere with pedestrian or vehicular circulation. 38 24347.00004\41487624.1 19 EXHIBIT “C” Development Code, Division 9 - Definitions 39 24347.00004\41487624.1 20 Development Code – Division 9 – Definitions Section 9109.01 – Definitions 9109.01.020 – “A” Definitions Artificial Turf. A synthetically derived, natural grass substitute that may be used as a decorative feature in lieu of natural turf in landscape areas. Also known as artificial grass and synthetic turf. 9109.01.050 – “D” Definitions Defensible Space. The area surrounding a structure that is required to have reduced vegetation and combustible fuels in a very high fire hazard zone. It is required to both protect structures from wild wildland fires and provide emergency personnel access to perform fire suppression operations. 9109.01.090 – “H” Definitions Amended by Ord. No. 2348 Amended by Ord. No. 2375 Hardscape. Areas covered by pavement, concrete, interlock pavers, rock, stone, brick, block, wooden planks, artificial turf, or similar materials such as patios, decks, driveways, paths and sidewalks that do not require irrigation. Artificial turf shall not be considered hardscape. 9109.01.130 – “L” Definitions Landscaping. Any combination of native or exotic plants, lawn, groundcover, trees, shrubs, and other plant materials, plus decorative outdoor and complementary elements such pools, fountains, water features, paved or decorated walkways or surfaces of rock, stone, brick, block, or similar material (excluding driveways, parking, loading, or storage areas), and sculptural elements. Plants on rooftops or porches or in boxes attached to structures typically are not considered landscaping. 40 Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, (c) OpenStreetMap contributors, and the GIS User Community Very High Fire Hazard Severity Zones - City of Arcadia Sources: City of Arcadia, Cal Fire, ESRI Legend City Boundary Fire Hazard Severity Zone ¯ 0 0.50.25 Miles 41 Preliminary Exemption Assessment FORM “A” PRELIMINARY EXEMPTION ASSESSMENT 1.Name or description of project:Text Amendment No. 23-01 amending various sections of Article IX, Chapter 1 (Development Code) of the Arcadia Municipal Code pertaining to artificial turf on residentially zoned properties and allowing tutoring and educational centers in places of religious assembly. 2.Project Location – Identify street address and cross streets or attach a map showing project site (preferably a USGS 15’ or 7 1/2’ topographical map identified by quadrangle name): City of Arcadia - Citywide 3.Entity or person undertaking project: A City of Arcadia – Development Services Department B Other (Private) (1)Name (2)Address 4.Staff Determination: The Lead Agency’s Staff, having undertaken and completed a preliminary review of this project in accordance with the Lead Agency's "Local Guidelines for Implementing the California Environmental Quality Act (CEQA)" has concluded that this project does not require further environmental assessment because: a.The proposed action does not constitute a project under CEQA. b.The project is a Ministerial Project. c.The project is an Emergency Project. d.The project constitutes a feasibility or planning study. e.The project is categorically exempt. Applicable Exemption Class: f.The project is statutorily exempt. Applicable Exemption: g.The project is otherwise exempt on the following basis: The proposed update to the artificial turf regulations on residentially zoned properties and allowing tutoring and educational centers in places of religious assembly through a Conditional Use Permit are exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that they would not have a significant effect on the environment and, thus, are not subject to CEQA review. h.The project involves another public agency which constitutes the Lead Agency. Name of Lead Agency: Date: June 5, 2023 Staff: Edwin Arreola, Associate Planner 42 DATE:July 25, 2023 TO: Honorable Chairman and Planning Commission FROM: Lisa Flores, Deputy Development Services Director Prepared By: Fiona Graham, Planning Services Manager SUBJECT: APPROVING A SUBSEQUENT ONE-YEAR TIME EXTENSION FOR VESTING TENTATIVE TRACT MAP NO. TTM 19-01 (82734) AT 117-129 E. HUNTINGTON DRIVE AND 124-134 WHEELER AVENUE CEQA: Not a Project Recommendation: Adopt SUMMARY The Applicant and Property Owner, Arcadia Huntington Plaza, LLC, is requesting approval of Extension No. 23-05, extending Vesting Tentative Tract Map No. TTM 19-01 (82734) for one (1) year to August 18, 2024, for the approved mixed-use development project (known as “Huntington Plaza”) at 117-129 E. Huntington Drive and 124-134 Wheeler Avenue (referred to as the “Project”). TTM 19-01 (82734) previously had a one (1) year extension approved by staff on August 2, 2022, extending the expiration date to August 18, 2023. It is recommended that Planning Commission approve the subsequent one (1) year extension. It should also be noted that the City Manager intends to initiate the Periodic Review process to evaluate the associated Development Agreement. BACKGROUND On August 18, 2020, the City Council approved a mixed-use development project on the subject site which included 10,200 square feet of commercial space, 139 condominiums, a publicly accessible plaza fronting Huntington Drive, and a single level of subterranean parking. To facilitate the Project, a portion of the alley between Huntington Drive and Wheeler Avenue must be vacated to accommodate the basement parking. An easement for public access will subsequently be granted to maintain surface-level vehicular and pedestrian access through the alley. Furthermore, the Project included a Development Agreement between the City and the Applicant/Property Owner. The Development Agreement allowed for the inclusion of the City-owned public parking lot on Wheeler Avenue as part of the Project subject to the replacement of 55 public parking spaces within the project boundaries. A parking and access easement agreement was also recorded along with the Development Agreement to facilitate public parking. Refer to Exhibit No. 3 for the August 18, 2020, City Council staff report with select attachments. 43 EXT 23-05 for TTM 19-01 (82734) July 25, 2023 Page 2 of 6 Construction plans were submitted to the City’s Building Division for review on May 20, 2021. The plans have undergone four plan-check reviews, and a fifth plan-check is currently under review. In addition, many of the steps necessary to facilitate the issuance of a building permit have not yet been accomplished and/or very little progress has been made toward them. This lack of progress will be evaluated in a Periodic Review process of the Development Agreement. Figure 1: Rendering of the approved Project; a view from E. Huntington Drive. TIME EXTENSION REQUEST The request is for an extension to keep the Vesting Tentative Tract Map active for one (1) additional year. The Applicant has stated the additional time is required to allow for the approval of the building plans and due to unforeseen delays caused by a fire at the site in October 2022. Refer to Exhibit No. 1 for the Applicant’s Extension Request Letter. The Project approval was for a mixed-use project comprising 139 condominiums and 10,200 square feet of commercial space at 117-129 E. Huntington Drive and 124-134 Wheeler Avenue. The Project was approved with the following entitlements: Minor Use Permit No. MUP 20-04 Major Administrative Modification No. Major AM 20-11 Architectural Design Review No. ADR 18-05 Vesting Tentative Tract Map No. TTM 19-01 (82734) Development Agreement (Ordinance No. 2373) The various entitlement components have differing expirations. The approval for MUP 20- 04, Major AM 20-11, and ADR 18-05 remains valid as the building plan check was submitted within 12 months of the initial approval. The Development Agreement has a 10-year term, expiring by October 2, 2030, and remains in effect. Per the Subdivision Map Act, the Vesting Tentative Tract Map had an initial validity of two (2) years. A 12-month extension for the map was approved by staff on August 2, 2022, which expires on August 18, 2023. Any subsequent extension is subject to the Planning Commission’s review. If this extension is granted, the vesting tentative tract map will expire on August 18, 2024. 44 EXT 23-05 for TTM 19-01 (82734) July 25, 2023 Page 3 of 6 ANALYSIS The Applicant is currently in the Building Division’s plan check process and is working toward getting building permits issued to commence construction. However, prior to building permit issuance, various actions need to be completed including the approval of a Final Vesting Tract Map. Staff has corresponded with the Applicant multiple times during the plan check process outlining outstanding actions, however the majority of these have not been completed. For example, on May 12, 2022, staff provided a comprehensive list of items required to be completed prior to building permit issuance for the Project (Refer to Exhibit No. 2). To date, most of these items remain incomplete. These items are conditions of approval which the Applicant acknowledged and agreed to in August 2020. It is the opinion of staff that these delays are unreasonable and are not attributable to unforeseen circumstances. A significant outstanding item is the alley vacation which must be completed prior to approval of a Final Vesting Tract Map, and therefore prior to the issuance of building permits. Approval of the alley vacation requires all utilities be relocated from the alley first, however this has not yet occurred. Approval to connect the new sewer line to the Los Angeles County Sanitation District line was approved in late 2022, yet an application to relocate the sewer has not yet been received by the City. This delay is emblematic of the multiple, ongoing delays from the Applicant throughout the plan check process. Development Services Staff have expressed concerns about the Applicant’s slow progress in writing (Refer to letters dated August 18, 2022 and May 12, 2023 in Exhibit No. 2). To date, the Applicant has not made notable progress moving the Project forward and significant concerns remain about the ongoing delays and the Applicant’s ability to successfully complete the Project. As mentioned in the Applicant’s extension request application, there was a significant fire at 128 Wheeler Avenue which destroyed the building and damaged the adjacent buildings at 124 and 134 Wheeler Avenue. This fire occurred on October 8, 2022. As of July 10, 2023, the buildings have not been fully demolished despite a demolition permit being issued on January 30, 2023, and three (3) asbestos abatements having been completed. It is the opinion of staff that this is an unreasonably long time to complete demolition of fire damaged buildings. Furthermore, although the fire has added additional workload to the Applicant, the demolition itself should have no bearing on the progress of the ongoing building plan check and coordination with utility providers on relocation and removal of utilities. All outstanding items required for building plan check can and should be completed independently of demolishing the fire damaged buildings. Section 9107.11.080 of the Development Code lays out the process of Periodic Review of approved development agreement. This is a method of ascertaining the good faith compliance by the Applicant of the terms of the agreement. Per the Development Code, the City Manager can begin the Periodic Review process by providing notice to the Applicant of an upcoming hearing by the Planning Commission. At that hearing, the burden of proof will be on the Applicant to prove good faith compliance. The Commission’s decision and findings will then be provided to the City Council. It is anticipated that the City Manager will call for Periodic Review in the coming weeks. 45 EXT 23-05 for TTM 19-01 (82734) July 25, 2023 Page 4 of 6 FINDINGS Section 9105.03.110(E) of the Arcadia Development Code requires that the Planning Commission may approve an extension to a tentative map if all of the following findings can be made: 1.There have been no changes to the provisions of the General Plan, any applicable specific plan, or this Development Code applicable to the project since the approval of the tentative parcel or tract map; Facts to support finding: There have been no changes to the provisions of the General Plan or the Development Code since August 18, 2020, which would impact the subject development and Vesting Tentative Tract Map No. TTM 19-01 (82734). The City approved a Housing Element update in February 2022. The updated Housing Element does not change the City’s intent for the subject site, and further encourages mixed-use development throughout the City’s commercial zones. The subject site is not within a Specific Plan area. The Development Code has not been changed in a way that would impact or preclude the approved development and vesting tentative tract map from being developed. Therefore, this finding can be made. 2. There have been no changes in the character of the site or its surroundings that affect how the policies of the General Plan, any applicable specific plan, or other standards of this Development Code apply to the project; and Facts to support finding: There have been no changes to the site or surrounding properties that would affect how the General Plan or Development Code applies to the Project. The site maintains commercial uses on E. Huntington Drive, and a public parking lot on Wheeler Avenue. The buildings damaged by fire on Wheeler Avenue were previously used for commercial activities and were to be demolished to accommodate the Project, irrespective of the fire. The surrounding area maintains a mix of commercial uses and has remained largely unchanged since the Project was approved. As such, there have been no changes to the site or surrounding area that would affect how the General Plan or Development Code applies to the Project. Therefore, the finding can be made. 3. There have been no changes to the capacities of community resources, including but not limited to roads, sewage treatment or disposal facilities, schools, or water supply so that there is no longer sufficient remaining capacity to serve the project. Facts to support finding: There have been no changes to the capacities of community resources which will serve the Project. No significant development projects have been proposed or approved in the immediate vicinity which would impact the City’s ability to adequately service the project. Recent, nearby mixed-use projects have undertaken the applicable environmental reviews with the assumption that the Huntington Plaza project will proceed, and all analyses have shown sufficient capacity of the roads, sewer, schools and water supply to service the proposed new developments and the Project. Therefore, there will continue to be sufficient capacities of community resources to service the Project. 46 EXT 23-05 for TTM 19-01 (82734) July 25, 2023 Page 5 of 6 ENVIRONMENTAL ASSESSMENT Pursuant to the provisions of the California Environmental Quality Act (CEQA), the City has determined that the extension to the Project will not change the environmental findings that were previously adopted in the Initial Study/Mitigated Negative Declaration, and thus, no further CEQA review is required as an extension is not a project under CEQA Guidelines Section 15061(b)(3). Refer to Exhibit No. 4 for a Preliminary Exemption Assessment. RECOMMENDATION It is recommended that the Planning Commission approve Extension No. EXT 23-05 extending Tentative Tract Map No. TTM 19-01 (82734) for one (1) more year, with a new expiration date of August 18, 2024. PLANNING COMMISSION ACTION Approval If the Planning Commission intends to approve a time extension of this Vesting Tentative Tract Map approval, the Commission should approve a motion for a one (1) year extension, find that the extension is not subject to the California Environmental Quality Act (CEQA), and that the map extension is consistent with the findings. Denial If the Planning Commission intends to deny a time extension of this Vesting Tentative Tract Map approval, the Commission should approve a motion to deny an extension and state the reason for not granting an extension. If any Planning Commissioner, or other interested party has any questions or comments regarding this matter prior to the July 25, 2023, Planning Commission Meeting, please contact Planning Services Manager, Fiona Graham at (626) 574-5442, or fgraham@ArcadiaCA.gov. Approved: Lisa L. Flores Deputy Development Services Director Exhibit No. 1: Extension Request Letter from the Applicant Exhibit No. 2: Select correspondence to the Applicant between May 2022 and May 2023 Exhibit No. 3: City Council Staff Report, dated August 18, 2020, including the following selection of attachments: 47 EXT 23-05 for TTM 19-01 (82734) July 25, 2023 Page 6 of 6 Attachment No. 3 – Aerial Photo and Zoning Information and Photos of the Subject Property Attachment No. 6 – Architectural Plans Attachment No. 7 – Vesting Tentative Tract Map The staff report with all attachments can be found here: https://laserfiche.arcadiaca.gov/WebLink/DocView.aspx?id=808898& dbid=0&repo=CityofArcadia Exhibit No. 4: Preliminary Exemption Assessment 48 Exhibit No. 1 Exhibit No. 1 Extension Request Letter from the Applicant 49 50 51 Exhibit No. 2 Exhibit No. 2 Select correspondence to the Applicant between May 2022 and May 2023 52 53 54 55 56 57 58 59 60 Exhibit No. 3 Exhibit No. 3 City Council Staff Report, dated August 18, 2020 with select attachments 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 Exhibit No. 4 Exhibit No. 4 Preliminary Exemption Assessment 162 Preliminary Exemption Assessment FORM “A” PRELIMINARY EXEMPTION ASSESSMENT 1.Name or description of project:EXT 23-05 - APPROVING A SUBSEQUENT ONE-YEAR TIME EXTENSION FOR VESTING TENTATIVE TRACT MAP NO. TTM 19-01 (82734) AT 117-129 E. HUNTINGTON DRIVE AND 124-134 WHEELER 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): 117-129 E. Huntington Drive and 124-134 Wheeler Avenue 3.Entity or person undertaking project: A. B.Other (Private) (1)Name Arcadia Huntington Plaza, LLC (2)Address 23341 Golden Springs Drive #200 Diamond Bar, CA 91765 4.Staff Determination: The Lead Agency’s Staff, having undertaken and completed a preliminary review of this project in accordance with the Lead Agency's "Local Guidelines for Implementing the California Environmental Quality Act (CEQA)" has concluded that this project does not require further environmental assessment because: a.The proposed action does not constitute a project under CEQA. b.The project is a Ministerial Project. c.The project is an Emergency Project. d.The project constitutes a feasibility or planning study. e.The project is categorically exempt. Applicable Exemption Class: f.The project is statutorily exempt. Applicable Exemption: g.The project is otherwise exempt on the following basis: 15061(b)(3) h.The project involves another public agency which constitutes the Lead Agency. Name of Lead Agency: Date: July 10, 2023 Staff: Fiona Graham, Planning Services Manager 163 ARCADIA PLANNING COMMISSION REGULAR MEETING MINUTES TUESDAY, June 27, 2023 Any writings or documents provided to a majority of the Planning Commission regarding any item on this agenda will be made available for public inspection in the City’s Planning Services Office located at 240 W. Huntington Drive, Arcadia, California, during normal business hours. CALL TO ORDER Chair Thompson called the meeting to order at 7:00 p.m. ROLL CALL PRESENT: Chair Thompson, Vice Chair Tsoi, Hui, Tallerico, and Wilander ABSENT: None SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS There were none. PUBLIC COMMENTS (5 minute time limit per person) There were none. PUBLIC HEARING 1. Resolution No. 2130 – Approving an Amendment to Multi-family Architectural Design Review No. MFADR 21-01 to include a new basement to an approved, new second multi-family unit at 525 S. Second Avenue CEQA: Exempt Recommendation: Adopt Applicant: Mitzi Linscott MOTION - PUBLIC HEARING Chair Thompson introduced the item and Planning Services Manager Fiona Graham presented the staff report. Commissioner Wilander asked for clarification about the window in the basement. Ms. Graham explained the Building Code requires a window well as an emergency egress in basements. Commissioner Hui also asked about the location of the window. Ms. Graham provided further explanation of the location of the window in the basement. Chair Thompson asked if the extension was approved at staff level and Ms. Graham confirmed it was. Commissioner Wilander asked if gravel will be used at the bottom of the well of the basement for water drainage. Ms. Graham said the drainage management will be determined in the building process. 164 2 6/27/23 Vice Chair Tsoi asked if the plans will remain the same as the approved plans. Ms. Graham confirmed the plans remain the same except for the addition of the basement. Vice Chair Tsoi pointed out the height of the buildings and the garage, but Ms. Graham said the plans will remain the same to the approved plans and all changes will require an amendment to the permit if the overall height of the building changes. The public hearing was opened. The Applicant, Mitzi Linscott, introduced herself and provided some background information for the reason of the amendment of the permit. Chair Thompson asked if the basement is under the second unit and if it will be accessible from the primary or second unit. Ms. Linscott confirmed it will be accessible to the second unit. 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. It was moved by Commissioner Wilander, seconded by Commissioner Tallerico, to close the public hearing. Without objection, the motion was approved. DISCUSSION Commissioner Tallerico stated that the project meets all the findings and had no issues with the proposal. Commissioner Wilander agreed with Commissioner Tallerico and was in favor of the proposal. Commissioner Hui and Vice Chair Tsoi had no comments and were in favor of the proposal. Chair Thompson said the project is consistent with the Development Code and Design Guidelines, complies with all the standards and regulations of the Code, and thinks it is an appropriate improvement of the lot. Mr. Thompson was in favor of the proposal. MOTION It was moved by Commissioner Tallerico, seconded by Vice Chair Tsoi to adopt Resolution No. 2130 approving the amendment to Multi-family Architectural Design Review No. MFADR 21-01, to include a new basement to an approved new second multi-family at 525 S. Second Avenue which is exempt from CEQA. ROLL CALL AYES: Chair Thompson, Vice Chair Tsoi, Hui, Tallerico, and Wilander NOES: None 165 3 6/27/23 ABSENT: None There is a 10-day appeal period. Appeals are to be filed by 5:30 p.m. on Monday, July 10, 2023. CONSENT CALENDAR 1. Minutes of the May 23, 2023, Regular Meeting of the Planning Commission Recommendation: Approve Commissioner Hui motioned to approve the minutes and seconded by Commissioner Tallerico. ROLL CALL AYES: Chair Thompson, Hui, Tallerico, and Wilander NOES: None ABSENT: None Vice Chair Tsoi abstained since he was absent at the May 23, 2023, meeting. The motion was approved. PLANNING COMMISSION REOGANZATION 1. Planning Commission Reorganization Recommended Action: It is recommended the Secretary initiate the procedure for the reorganization of the Planning Commission. Ms. Flores called for nominations for Planning Commission Chair and Vice Chair. Commissioner Wilander nominated Vice Chair Tsoi to the position of Chair. There were no other nominations or objections, therefore Vice Chair Tsoi was voted as the new Chair. Commissioner Tallerico nominated Commissioner Wilander as the Vice Chair. There were no other nominations or objections, therefore Commissioner Wilander was voted as the new Vice Chair. MATTERS FROM CITY COUNCIL LIAISON Dr. Cao reported that the City is hosting summer concerts at the City Hall lawn on Thursday evenings. MATTERS FROM THE PLANNING COMMISSONERS Commissioner Tallerico shared an article about the new parking regulations that are surfacing around the country. 166 4 6/27/23 Commissioner Wilander reported she will be absent at the July 25 and August 8 Planning Commission meeting. Commissioner Hui reported she will also be absent at the August 8 Planning Commission Meeting. Commissioner Wilander asked about the newly appointed Commissioner and Ms. Flores announced David Arvizu was appointed as the new Planning Commissioner. He will be sworn in at the next City Council meeting on July 18 and his first Planning Commission meeting will be on July 25. Commissioner Hui informed the Commissioners about the Patriotic Festival in Downtown Arcadia on July 1 and invited the Commissioners to visit the Arcadia Performing Arts Foundation booth where she will be selling tickets for another event. Chair Thompson thanked the Commission and City staff for their collaboration the past 8 years. MATTERS FROM ASSISTANT CITY ATTORNEY Assistant City Attorney Yeo had nothing to report. MATTERS FROM STAFF INCLUDING UPCOMING AGENDA ITEMS Ms. Flores reported the July 11 meeting will be cancelled and there are two items lined up for the July 25 meeting. There will be a Homeowner’s Association and Architectural Design Board training in the Fall. Ms. Flores thanked Chair Thompson for his service on the Planning Commission the last 8 years. ADJOURNMENT The Planning Commission adjourned the meeting at 7:28 p.m., to Tuesday, July 25, 2023, at 7:00 p.m. in the City Council Chamber. The July 11, 2023, meeting was cancelled. Vincent Tsoi Chair, Planning Commission ATTEST: Lisa L. Flores Secretary, Planning Commission 167