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HomeMy WebLinkAbout10-24-23 Agenda PacketCITY OF ARCADIA Arcadia Planning Commission Regular Meeting Agenda Tuesday, October 24, 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 at the discretion of the Commission) speakers shall be limited to five (5) minutes per person. The applicant may additionally submit rebuttal comments, at the discretion of the Commission. You are hereby advised that should you desire to legally challenge in court or in an administrative proceeding any action taken by the City Council regarding any public hearing item, you may be limited to raising only those issues and objections you or someone else raised at the public hearing or in written correspondence delivered to the City Council at, or prior to, the public hearing. 1 1. Resolution No. 2137 – Approving Tentative Tract Map No. TTM 23-02 (82513) to subdivide the airspace for an approved mixed-use development with four residential condominium units and one commercial condominium unit at 405 S. 1st Avenue CEQA: Exempt Recommendation: Adopt Applicant: First Arch LLC There is a ten day appeal period. Appeals are to be filed by 5:30 p.m. on Monday, November 6, 2023. 2. Resolution No. 2136 – Allow a second drive-through lane and a parking modification at the McDonald’s restaurant located at 143 East Foothill Boulevard CEQA: Exempt Recommendation: Adopt Applicant: McDonalds’s Corporation There is a ten day appeal period. Appeals are to be filed by 5:30 p.m. on Monday, November 6, 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 September 12, 2023, Regular Meeting of the Planning Commission Recommendation: Approve MATTERS FROM CITY COUNCIL LIAISON 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, November 14, 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: October 24, 2023 TO:Honorable Chair and Planning Commission FROM:Lisa L. Flores, Deputy Development Services Director By: Edwin Arreola, Associate Planner SUBJECT:RESOLUTION NO. 2137 - APPROVING TENTATIVE TRACT MAP NO. TTM 23-02 (82513) TO SUBDIVIDE THE AIRSPACE FOR AN APPROVED MIXED-USE DEVELOPMENT WITH FOUR RESIDENTIAL CONDOMINIUM UNITS AND ONE COMMERCIAL CONDOMINIUM UNIT AT 405 S. 1ST AVENUE CEQA: Exempt Recommendation: Adopt SUMMARY The Applicant, First Arch LLC, is requesting approval of Tentative Tract Map No. TTM 23- 02 (82513) to subdivide the airspace of an approved mixed-use development that consists of 585 square feet of ground floor retail with four (4) residential condominium units at 405 S. 1st Avenue. The mixed-use development (Minor Use Permit No. MUP 19- 01, Tentative Tract Map No. TTM 18-06, and Architectural Design Review No. ADR 16- 25) was originally approved by the Planning Commission on February 12, 2019. However, the Tentative Tract Map approval expired on March 9, 2022, before a Final Tract Map application could be filed. The proposed subdivision is consistent with the City’s General Plan, Development Code and the Subdivision Map Act. It is recommended that the Planning Commission adopt Resolution No. 2137 (Attachment No. 1) and find that this project is Categorically Exempt under CEQA and approve Tentative Tract Map No. TPM 23-02 (82513), subject to the conditions listed in the staff report. 5 TTM 23-02 (82513) 405 S. 1 st Ave October 24, 2023 – Page 2 of 8 BACKGROUND The subject property is an 8,346 square foot, interior lot zoned Mixed Use (MU) with a General Plan Land Use Designation of Mixed Use. The property is located on the west side of S. 1 st Avenue just south of Downtown Arcadia between Diamond Street and El Dorado Street. The site is surrounded by commercial properties zoned Mixed-Use (MU) to the north, south, and east. Immediately to the west there are multi-family residences zoned R-3 – High Density Residential Zone (refer to Attachment No. 2). Minor Use Permit No. MUP 19-01, Tentative Tract Map No. TTM 18-06, and Architectural Design Review No. ADR 16-25 were conditionally approved by the Planning Commission on February 12, 2019 for a three-story, Contemporary-style, mixed–use development with four (4) residential units on the upper two floors and a 585 square foot ground floor retail area that fronts S. 1st Avenue with compliant parking for all of the uses. Each residential unit is two-stories tall with three (3) bedrooms and three (3) bathrooms. The sizes of the residential units range from 1,601 to 1,700 square feet – refer to Figure 1 below for the approved site plan and Attachment No. 3 for the Approved Architectural Plans. A building permit was issued on January 26, 2021, and construction is almost complete. The Final Tract Map was not filed prior to the March 9, 2022 expiration date, therefore the map expired last year. The Applicant has refiled for a Tentative Tract Map so that the four (4) residential units and commercial unit could be sold off individually as condominiums (refer to Attachment No. 4). As part of the new development, a 10-foot dedication will be granted to the City for sidewalk purposes. As a result, the size of the lot will go from 8,346 square feet to 7,796 square feet, but even at the reduced lot size, the proposed project still complies with all the development standards and minimum density. Figure 1: Approved Site Plan for 405 S. 1 st Avenue 6 TTM 23-02 (82513) 405 S. 1 st Ave October 24, 2023 – Page 3 of 8 ANALYSIS The MU zone requires a maximum density of 30 dwelling units per acre and maximum Floor Area Ratio (FAR) of 1.0 for nonresidential development. The subject property measures 8,346 square feet in lot area. However, as part of the Tentative Tract Map, a 10-foot dedication will be required along the property frontage, which measures approximately 550 square feet, resulting in a new lot size of 7,796 square feet. The approved project is required to meet the maximum density and FAR for the new lot size after the proposed dedication is removed from the total lot area. This calculates to a maximum density of five (5) units for the subject site and maximum FAR of 7,796 square feet for nonresidential development; therefore, the approved four (4) residential units and 585 square foot retail space complies with the maximum density requirements and FAR of the underlying MU zone. There have been no changes to the approved project, applicable standards, or environmental setting of the project that would negate its eligibility to be subdivided into airspace for condominiums. Approval of the tentative tract map will allow the applicant to move forward with the subdivision process to create the airspace for the four (4) residential condominium units and the commercial condominium unit. The proposed subdivision complies with the subdivision regulations of the Arcadia Municipal Code and the State Subdivision Map Act. The proposed mixed-use condominium development will be consistent with the City’s General Plan, Development and Subdivision Codes, and the State Subdivision Map Act. The proposed plans were reviewed by the various City Departments, and all City requirements shall be complied with to the satisfaction of the Building Official, City Engineer, Deputy Development Services Director, Fire Marshal, and Public Works Services Director, or their respective designees. FINDINGS Tentative Tract Map The proposal to subdivide the airspace for the approved mixed-use condominium development requires that it be subdivided through the Tentative Tract Map process – see Attachment No. 4 for Tentative Tract Map No. TTM 23-02 (82513). The proposed subdivision complies with the subdivision regulations of the Arcadia Municipal Code and the State Subdivision Map Act, and the California Regional Water Quality Control Board requirements. The following findings are required for approval of a Tentative Tract Map: A. The proposed map, subdivision design, and improvements are consistent with the General Plan, any applicable specific plan, and the Subdivisions Division of the Development Code. Facts in Support of the Finding: The proposed map and subdivision design are in conformance with all of the provisions under the Subdivision Division of the Development Code. The site is physically suitable for the type of development and 7 TTM 23-02 (82513) 405 S. 1 st Ave October 24, 2023 – Page 4 of 8 the approved development and proposed subdivision are consistent with the character of the commercial corridor along S. 1st Avenue and the multifamily residences to the west of this site. Thus, approval of the subdivision of the mixed- use development is consistent with the Mixed-Use General Plan Land Use Designation and the Mixed-use (MU) zoning of the site. B. The site is physically suitable for the type and proposed density of development. Facts in Support of the Finding: The site was found to be physically suitable for the mixed-use development when it was approved under Architectural Design Review No. ADR 16-25. The Mixed Use (MU) zone allows both residential and commercial uses on the site. Both uses would be in compliance with the underlining density and maximum floor area ratio requirements. The mixed-use development is also in compliance with the applicable development standards. There are no physical impediments to the development of this site for residential and commercial condominium development. C. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. Facts in Support of the Finding: The proposed tentative tract map is for a subdivision of an infill site. There is no protected aquatic or wildlife habitat on the subject property. Therefore, the subdivision of the lot will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. D. The design of the subdivision or type of improvements is not likely to cause serious public health or safety problems. Facts in Support of the Finding: The proposed subdivision is for condominium purposes. No portion of the land will be physically subdivided. The construction of the mixed-use project will meet all Building and Fire Codes, all other applicable regulations, and will not cause any public health or safety problems. Therefore, the subdivision will not cause any serious public health or safety problems. E. The design of the subdivision or the type of improvements will not conflict with easements acquired by the public at large for access through or use of, property within the proposed subdivision (This finding shall apply only to easements of record or to easements established by judgement of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision). 8 TTM 23-02 (82513) 405 S. 1 st Ave October 24, 2023 – Page 5 of 8 Facts in Support of the Finding: The site design, subdivision, and all proposed on-site and off-site improvements will not conflict with easements acquired by the public at large for access through or use of, property within the proposed subdivision. Moreover, a 10 feet dedication shall be provided to the City of Arcadia for proper utilization of the parkway area for utilities and pedestrian access. Based on the tentative tract map, there are no such easements on the subject property. F. The discharge of sewage from the proposed subdivision into the community sewer system will not result in violation of existing requirements specified by the California Regional Water Quality Control Board. Facts in Support of the Finding: The Arcadia Public Works Services Department determined that the City’s existing infrastructure will adequately serve the development, and the requirements of the California Regional Water Quality Control Board will be satisfied. G. That the proposed design and site improvements of the subdivision conform to the regulations of this Development Code and the regulations of any public agency having jurisdiction by law. Facts in Support of the Finding: The proposed subdivision complies with the density requirements of the City’s Development Code, and any improvements required for the site and each unit will comply with the regulations in the City’s Development Code. ENVIRONMENTAL ANALYSIS It has been determined that the subdivision will consist of four of fewer parcels; will comply with the General Plan and subject zoning, will not require any variances or exceptions; access and services to proposed parcels will be maintained; the parcel has not been involved in the division of a larger parcel within the past two (2) years, and the parcel does not have an average slope of greater than 20 percent. Therefore, the subdivision is exempt under Class 15 (Minor Land Divisions) pursuant to Section 15315 of the State California Environmental Quality Act (CEQA) Guidelines. Refer to Attachment No. 5 for the Preliminary Exemption Assessment. PUBLIC COMMENTS/NOTICE A public hearing notice for this item was posted at the City Clerk’s Office, City Council Chambers, at the Arcadia Library, and on the City’s website on October 12, 2023. It was also mailed to the property owners located within 300 feet of the subject property. As of October 19, 2023, no comments were received regarding this project. 9 TTM 23-02 (82513) 405 S. 1 st Ave October 24, 2023 – Page 6 of 8 RECOMMENDATION It is recommended that the Planning Commission conditionally approve Tentative Tract Map No. 23-02 (82513) and find that the Map is Categorically Exempt from the California Environmental Quality Act (CEQA), and adopt Resolution No. 2137, subject to the following conditions of approval: 1. The Map shall be developed and maintained by the Applicant/Property Owner in a manner that is consistent with the plans submitted and conditionally approved for Tentative Tract Map No. TTM 23-02 (82513) subject to the approval of the Deputy Development Services Director, or designee. 2. Prior to approval of the Final Map, the Applicant/Property Owner shall either construct or post security for all public improvements shown on the Tentative Tract Map and the following item(s): Remove and replace existing sidewalk, curb, and gutter along S. 1st Avenue from property line to property line. Construct a new driveway approach per City Standard plan. A 10’-0” wide dedication from property line to property line along S. First Avenue shall be granted to the City of Arcadia for sidewalk purposes to create a 40’-0” wide right of way measured from the centerline of the street. The entire 10’-0” wide parkway shall be sidewalk. Any proposed private sewer and drainage structures shall be placed on property behind the newly established property line. 3. The Applicant/Property Owner shall be required to pay a $100 Map fee and $25 Final Map Approval fee prior to the approval of the Tract Map. 4. Prior to occupancy, the Applicant/Property Owner shall repair any damages caused by the development to the asphalt street frontages from property line to property line including but not limited to trench cuts and construction traffic, per the direction of the City Engineer. If the street is under the City’s pavement moratorium list, the repair may extend from curb to curb, per the direction of the City Engineer. 5. The Applicant/Property Owner shall comply with all conditions of approval that are applicable, as approved by the Development Services Department for the previously approved Minor Use Permit No. MUP 19-01 and Architectural Design Review No. ADR 16-25. 6. The Applicant/Property Owner shall comply with all City requirements regarding building safety, fire prevention, detection, suppression, emergency access, public right-of-way improvements, parking, water supply and water facilities, sewer facilities, trash reduction and recycling requirements, and National Pollutant Discharge Elimination System (NPDES) measures to the satisfaction of the Building Official, Fire 10 TTM 23-02 (82513) 405 S. 1 st Ave October 24, 2023 – Page 7 of 8 Marshal, Public Works Services Director, and Deputy Development Services Director, or their respective designees. Compliance with these requirements is to be determined by having fully detailed construction plans submitted for plan check review and approval by the foregoing City officials and employees. 7. To the maximum extent permitted by law, Applicant must defend, indemnify, and hold the City, any departments, agencies, divisions, boards, and/or commissions of the City, and its elected officials, officers, contractors serving as City officials, agents, employees, and attorneys of the City (“Indemnitees”) harmless from liability for damages and/or claims, actions, or proceedings for damages for personal injuries, including death, and claims for property damage, and with respect to all other actions and liabilities for damages caused or alleged to have been caused by reason of the Applicant’s activities in connection with Tentative Parcel Map Application No. TTM 23- 02 (82513) (“Map”) on the Map site, and which may arise from the direct or indirect operations of the Applicant or those of the Applicant’s contractors, agents, tenants, employees or any other persons acting on Applicant’s behalf, which relate to the development and/or construction of the Map. This indemnity provision applies to all damages and claims, actions, or proceedings for damages, as described above, regardless of whether the City prepared, supplied, or approved the plans, specifications, or other documents for the Map. In the event of any legal action challenging the validity, applicability, or interpretation of any provision of this approval, or any other supporting document relating to the Map, the City will notify the Applicant of the claim, action, or proceedings and will cooperate in the defense of the matter. The Applicant must indemnify, defend and hold harmless the Indemnitees, and each of them, with respect to all liability, costs and expenses incurred by, and/or awarded against, the City or any of the Indemnitees in relation to such action. Within 15 days’ notice from the City of any such action, the Applicant shall provide to the City a cash deposit to cover legal fees, costs, and expenses incurred by City in connection with defense of any legal action in an initial amount to be reasonably determined by the City Attorney. The City may draw funds from the deposit for such fees, costs, and expenses. Within 5 business days of each and every notice from City that the deposit has fallen below the initial amount, Applicant/Property Owner shall replenish the deposit each and every time in order for City’s legal team to continue working on the matter. The City shall only refund to the Applicant/Property Owner any unexpended funds from the deposit within 30 days of: (i) a final, non-appealable decision by a court of competent jurisdiction resolving the legal action; or (ii) full and complete settlement of legal action. The City shall have the right to select legal counsel of its choice. The parties hereby agree to cooperate in defending such action. The City will not voluntarily assist in any such third-party challenge(s). In consideration for approval of the Map, this condition shall remain in effect if the entitlement(s) related to this Map is rescinded or revoked, at the request of the Applicant or not. 11 TTM 23-02 (82513) 405 S. 1 st Ave October 24, 2023 – Page 8 of 8 8. Approval of Tentative Tract Map No. TTM 23-02 (82513) shall not be in effect unless the Property Owner and Applicant have executed and filed the Acceptance Form with the City on or before 30 calendar days after the Planning Commission has adopted the Resolution. The executed Acceptance Form submitted to the Development Services Department is to indicate awareness and acceptance of the conditions of approval. PLANNING COMMISSION ACTION Approval If the Planning Commission intends to approve this subdivision, the Commission should move to approve Tentative Tract Map No. TTM 22-03 (82513), state the subdivision satisfies the requisite findings, and adopt the attached Resolution No. 2137 that incorporates the requisite environmental, subdivision review findings, and the conditions of approval as presented in this staff report, or as modified by the Commission. Denial If the Planning Commission intends to deny this subdivision, the Commission should state the specific findings that the subdivision does not satisfy based on the evidence presented with specific reasons for denial and move to deny Tentative Tract Map No. TTM 22-03 (82513) and direct staff to prepare a resolution for adoption at the next meeting that incorporates the Commission’s decision and specific findings. If any Planning Commissioner, or other interested party has any questions or comments regarding this matter prior to the October 24, 2023, Planning Commission Meeting, please contact Associate Planner, Edwin Arreola, at (626)-821-4334, or earreola@ArcadiaCA.com. Approved: Lisa L. Flores Deputy Development Services Director Attachment No. 1: Resolution No. 2137 Attachment No. 2: Aerial Photo with Zoning Information Attachment No. 3: Approved Architectural Plans Attachment No. 4: Tentative Tract Map 23-02 (82513) Attachment No. 5: Preliminary Exemption Assessment 12 Attachment No. 1 Attachment No. 1 Resolution No. 13 24347.00004\41737283.1 RESOLUTION NO. 2137 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO. TTM 23-02 (82513) TO SUBDIVIDE THE AIRSPACE FOR AN APPROVED MIXED-USE DEVELOPMENT WITH FOUR RESIDENTIAL CONDOMINIUM UNITS AND ONE COMMERCIAL CONDOMINIUM UNIT AT 405 S. 1ST AVENUE WHEREAS, on June 13, 2023, an application for Tentative Tract Map No. TTM 23- 02 (82513) (“Map”) was filed by First Arch LLC to subdivide the airspace of a mixed-use development approved under Architectural Design Review No. ADR 16-09 and Minor Use Permit No. MUP 19-01 that consists of 585 square feet of ground floor retail with four (4) residential condominium units at 405 S. 1st Avenue after approval of Tentative Tract Map No. TTM 18-06 (82513) subdividing the airspace of the mixed-use development expired on March 9, 2022; and WHEREAS, on October 5, 2023, Planning Services completed an environmental assessment for the Map in accordance with the California Environmental Quality Act (“CEQA”), and recommends that the Planning Commission determine the Map is exempt under CEQA per Section 15315, Class 15 of the CEQA Guidelines because the Map is considered a Minor Land Division; and WHEREAS, on October 24, 2023, a duly-noticed public hearing was held before the Planning Commission on said Map, at which time all interested persons were given full opportunity to be heard and to present evidence. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF ARCADIA HEREBY RESOLVES AS FOLLOWS: SECTION 1. The factual data submitted by the Community Development Division in the staff report dated October 24, 2023, are true and correct. 14 24347.00004\41737283.1 2 SECTION 2. This Commission finds, based upon the entire record: A. The proposed map, subdivision design, and improvements are consistent with the General Plan, any applicable specific plan, and the Subdivisions Division of the Development Code: FACT: The proposed map and subdivision design are in conformance with all of the provisions under the Subdivision Division of the Development Code. The site is physically suitable for the type of development and the approved development and proposed subdivision are consistent with the character of the commercial corridor along S. 1st Avenue and the multifamily residences to the west of this site. Thus, approval of the subdivision of the mixed-use development is consistent with the Mixed-Use General Plan Land Use Designation and the Mixed-use (MU) zoning of the site. B. The site is physically suitable for the type and proposed density of development: FACT: The site was found to be physically suitable for the mixed-use development when it was approved under Architectural Design Review No. ADR 16-25. The Mixed Use (MU) zone allows both residential and commercial uses on the site. Both uses would be in compliance with the underlining density and maximum floor area ratio requirements. The mixed-use development is also in compliance with the applicable development standards. There are no physical impediments to the development of this site for residential and commercial condominium development. C. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat: 15 24347.00004\41737283.1 3 FACT: The proposed tentative tract map is for a subdivision of an infill site. There is no protected aquatic or wildlife habitat on the subject property. Therefore, the subdivision of the lot will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. D. The design of the subdivision or type of improvements is not likely to cause serious public health or safety problems: FACT: The proposed subdivision is for condominium purposes. No portion of the land will be physically subdivided. The construction of the mixed-use project will meet all Building and Fire Codes, all other applicable regulations, and will not cause any public health or safety problems. Therefore, the subdivision will not cause any serious public health or safety problems. E. The design of the subdivision or the type of improvements will not conflict with easements acquired by the public at large for access through or use of, property within the proposed subdivision (This finding shall apply only to easements of record or to easements established by judgement of a court of competent jurisdiction and no authority is hereby granted to the review authority to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision): FACT: The site design, subdivision, and all proposed on-site and off-site improvements will not conflict with easements acquired by the public at large for access through or use of, property within the proposed subdivision. Moreover, a 10 feet dedication shall be provided to the City of Arcadia for proper utilization of the parkway area for utilities and pedestrian access. Based on the tentative tract map, there are no such easements on the subject property. 16 24347.00004\41737283.1 4 F. The discharge of sewage from the proposed subdivision into the community sewer system will not result in violation of existing requirements specified by the California Regional Water Quality Control Board: FACT: The Arcadia Public Works Services Department determined that the City’s existing infrastructure will adequately serve the development, and the requirements of the California Regional Water Quality Control Board will be satisfied. G. That the proposed design and site improvements of the subdivision conform to the regulations of this Development Code and the regulations of any public agency having jurisdiction by law: FACT: The proposed subdivision complies with the density requirements of the City’s Development Code, and any improvements required for the site and each unit will comply with the regulations in the City’s Development Code. SECTION 3. Pursuant to the provisions of the California Environmental Quality Act (“CEQA”), this Map is a Class 15 Categorical Exemption as a minor land division per Section 15315 of the CEQA Guidelines. SECTION 4. For the foregoing reasons the Planning Commission determines that the Map is Categorically Exempt under the California Environmental Quality Act (“CEQA”) Section 15315, Class 15, and approves Tentative Tract Map No. 23-02 (82513) to subdivide the airspace of an approved mixed-use development that consists of 585 square feet of ground floor retail with four (4) residential condominium units at 405 S. 1st Avenue, subject to the conditions of approval attached hereto. SECTION 5. The Secretary shall certify to the adoption of this Resolution. 17 24347.00004\41737283.1 5 Passed, approved, and adopted this 24th day of October 2023. ________________________ Vincent Tsoi Chair, Planning Commission ATTEST: Lisa L. Flores Secretary APPROVED AS TO FORM: Michael J. Maurer City Attorney 18 24347.00004\41737283.1 6 Page Intentionally Left Blank 19 24347.00004\41737283.1 7 RESOLUTION NO. 2137 Conditions of Approval 1. The Map shall be developed and maintained by the Applicant/Property Owner in a manner that is consistent with the plans submitted and conditionally approved for Tentative Tract Map No. TTM 23-02 (82513) subject to the approval of the Deputy Development Services Director, or designee. 2. Prior to approval of the Final Map, the Applicant/Property Owner shall either construct or post security for all public improvements shown on the Tentative Tract Map and the following item(s): Remove and replace existing sidewalk, curb, and gutter along S. 1st Avenue from property line to property line. Construct a new driveway approach per City Standard plan. A 10’-0” wide dedication from property line to property line along S. First Avenue shall be granted to the City of Arcadia for sidewalk purposes to create a 40’-0” wide right of way measured from the centerline of the street. The entire 10’-0” wide parkway shall be sidewalk. Any proposed private sewer and drainage structures shall be placed on property behind the newly established property line. 3. The Applicant/Property Owner shall be required to pay a $100 Map fee and $25 Final Map Approval fee prior to the approval of the Tract Map. 4. Prior to occupancy, the Applicant/Property Owner shall repair any damages caused by the development to the asphalt street frontages from property line to property line including but not limited to trench cuts and construction traffic, per the direction of the City Engineer. If the street is under the City’s pavement moratorium list, the repair may extend from curb to curb, per the direction of the City Engineer. 5. The Applicant/Property Owner shall comply with all conditions of approval that are applicable, as approved by the Development Services Department for the previously approved Minor Use Permit No. MUP 19-01 and Architectural Design Review No. ADR 16-25. 6. The Applicant/Property Owner shall comply with all City requirements regarding building safety, fire prevention, detection, suppression, emergency access, public right-of-way improvements, parking, water supply and water facilities, sewer facilities, trash reduction and recycling requirements, and National Pollutant Discharge Elimination System (NPDES) measures to the satisfaction of the Building Official, Fire Marshal, Public Works Services Director, and Deputy Development Services Director, or their respective designees. Compliance with these requirements is to be determined by having fully detailed construction plans submitted for plan check review and approval by the foregoing City officials and employees. 20 24347.00004\41737283.1 8 7. To the maximum extent permitted by law, Applicant must defend, indemnify, and hold the City, any departments, agencies, divisions, boards, and/or commissions of the City, and its elected officials, officers, contractors serving as City officials, agents, employees, and attorneys of the City (“Indemnitees”) harmless from liability for damages and/or claims, actions, or proceedings for damages for personal injuries, including death, and claims for property damage, and with respect to all other actions and liabilities for damages caused or alleged to have been caused by reason of the Applicant’s activities in connection with Tentative Parcel Map Application No. TTM 23- 02 (82513) (“Map”) on the Map site, and which may arise from the direct or indirect operations of the Applicant or those of the Applicant’s contractors, agents, tenants, employees or any other persons acting on Applicant’s behalf, which relate to the development and/or construction of the Map. This indemnity provision applies to all damages and claims, actions, or proceedings for damages, as described above, regardless of whether the City prepared, supplied, or approved the plans, specifications, or other documents for the Map. In the event of any legal action challenging the validity, applicability, or interpretation of any provision of this approval, or any other supporting document relating to the Map, the City will notify the Applicant of the claim, action, or proceedings and will cooperate in the defense of the matter. The Applicant must indemnify, defend and hold harmless the Indemnitees, and each of them, with respect to all liability, costs and expenses incurred by, and/or awarded against, the City or any of the Indemnitees in relation to such action. Within 15 days’ notice from the City of any such action, the Applicant shall provide to the City a cash deposit to cover legal fees, costs, and expenses incurred by City in connection with defense of any legal action in an initial amount to be reasonably determined by the City Attorney. The City may draw funds from the deposit for such fees, costs, and expenses. Within 5 business days of each and every notice from City that the deposit has fallen below the initial amount, Applicant/Property Owner shall replenish the deposit each and every time in order for City’s legal team to continue working on the matter. The City shall only refund to the Applicant/Property Owner any unexpended funds from the deposit within 30 days of: (i) a final, non-appealable decision by a court of competent jurisdiction resolving the legal action; or (ii) full and complete settlement of legal action. The City shall have the right to select legal counsel of its choice. The parties hereby agree to cooperate in defending such action. The City will not voluntarily assist in any such third-party challenge(s). In consideration for approval of the Map, this condition shall remain in effect if the entitlement(s) related to this Map is rescinded or revoked, at the request of the Applicant or not. 8. Approval of Tentative Tract Map No. TTM 23-02 (82513) shall not be in effect unless the Property Owner and Applicant have executed and filed the Acceptance Form with the City on or before 30 calendar days after the Planning Commission has adopted the Resolution. The executed Acceptance Form submitted to the Development Services Department is to indicate awareness and acceptance of the conditions of approval. 21 Attachment No. 2 Attachment No. 2 Aerial Photo Zoning Information Photos of the Subject Property 22 Overlays Selected parcel highlighted Parcel location within City of Arcadia Yes Property Owner(s): Lot Area (sq ft): Year Built: Main Structure / Unit (sq. ft.): MU Number of Units: MU Property Characteristics 1925 896 0 Property Owner Site Address:405 S 1ST AVE Parcel Number: 5779-001-019 N/A Zoning: General Plan: Yes Downtown Overlay: Downtown Parking Overlay: Architectural Design Overlay:N/A N/A N/A N/A Residential Flex Overlay: N/A N/A N/A N/A Special Height Overlay: N/A Parking Overlay: Racetrack Event Overlay: This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. Report generated 19-Oct-2023 Page 1 of 1 23 24 Attachment No. Attachment No. Architectural Plans 25 26 27 28 29 30 31 32 33 34 35 Attachment No. Attachment No. 36 37 Attachment No. Attachment No. 38 Preliminary Exemption Assessment FORM “A” PRELIMINARY EXEMPTION ASSESSMENT 1.Name or description of project:Tentative Tract Map No. TTM 23-02 (82513) - A tentative tract map to subdivide the airspace of an approved mixed-use development that consists of 585 square feet of ground floor retail with four (4) residential condominium units. 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): 405 S. 1 st Avenue – The property is located on the west side of S. 1st Avenue between Diamond Street and El Dorado Street. 3.Entity or person undertaking project: A. B.Other (Private) (1)Name First Arch LLC (2)Address 501 S. 1st Avenue #F, Arcadia, CA 91006 4.Staff Determination: The Lead Agency’s Staff, having undertaken and completed a preliminary review of this project in accordance with the Lead Agency's "Local Guidelines for Implementing the California Environmental Quality Act (CEQA)" has concluded that this project does not require further environmental assessment because: a.The proposed action does not constitute a project under CEQA. b.The project is a Ministerial Project. c.The project is an Emergency Project. d.The project constitutes a feasibility or planning study. e.The project is categorically exempt. Applicable Exemption Class: 15315 – Class 15 (Minor Land Divisions) f.The project is statutorily exempt. Applicable Exemption: g.The project is otherwise exempt on the following basis: h.The project involves another public agency which constitutes the Lead Agency. Name of Lead Agency: Date: October 5, 2023 Staff: Edwin Arreola, Associate Planner 39 DATE:October 24, 2023 TO:Honorable Chairman and Planning Commission FROM: Lisa Flores, Deputy Development Services Director Prepared By: Edwin Arreola, Associate Planner SUBJECT: RESOLUTION NO. 2136 –ALLOW A SECOND DRIVE-THROUGH LANE AND A PARKING MODIFICATION AT THE MCDONALD’S RESTAURANT LOCATED AT 143 EAST FOOTHILL BOULEVARD CEQA: Exempt Recommendation: Adopt SUMMARY The Applicant, McDonald’s Corporation, is requesting approval of Conditional Use Permit No. CUP 23-05, Architectural Design Review No. ADR 22-11, and Planning Commission Administrative Modification No. PC AM 22-03 to add an additional drive-through lane next to the existing drive-through lane and a parking modification to allow 29 parking spaces in lieu of the 38 parking spaces required at 143 E. Foothill Boulevard. It is recommended that the Planning Commission adopt Resolution No. 2136 (Attachment No. 1) and find this project is Categorically Exempt under CEQA and approve Conditional Use Permit No. CUP 23-05, Architectural Design Review No. ADR 22-11, and Planning Commission Administrative Modification No. PC AM 22-03, subject to the conditions listed in this staff report. BACKGROUND The subject site is a 29,260 square-foot, interior lot that fronts E. Foothill Boulevard. The site is zoned General Commercial (C-G), and is developed with a one-story, 3,293 square-foot building with a 939 square-foot basement, an outdoor dining area with 32 seats, and a single lane drive-through. The existing building was constructed in 1965 and it has been utilized as a McDonald’s restaurant since it first opened. The drive-through was added to the restaurant in 1981 under Conditional Use Permit No. CUP 81-1. The property is surrounded by the Shoppes at Highlander commercial plaza to the east, north, and west which contains retail stores, a restaurant, a supermarket, and other service uses. The properties to the south across Foothill Boulevard are currently zoned General Commercial (C-G) and consist of professional office uses. Vehicular access to the subject site is provided by an existing one- 40 CUP 23-05, ADR 22-11, & PC AM 22-03 October 24, 2023 Page 2 of 14 way driveway on Foothill Boulevard and a shared access between the subject property and the Shoppes at Highlander commercial plaza in the northwest corner of the property. The subject property contains 38 parking spaces, of which 15 parking spaces are located along the north side of the property and can only be accessed through the Shoppes at Highlander commercial plaza. Refer to Attachment No. 2 for an aerial photo and photos of the subject site. Figure 1: Aerial photo of the subject site PROPOSAL The Applicant is proposing to reconfigure the rear portion of the parking lot to add an additional drive-through lane next to the existing drive-through by removing parking spaces that are located along the north property line to accommodate this additional lane. The drive- through will only split into two lanes for ordering and then merge into one lane at the payment and pickup windows. Nine (9) parking spaces would need to be removed in order to accommodate the drive-through improvements for a total of 29 parking spaces, including two (2) ADA spaces. Small pockets of landscaping will also be proposed along with the drive-through improvements. Vehicles using the drive-through enter the site from a driveway on the building’s eastern side off of E. Foothill Boulevard, travel around the rear of the property, and exit via a driveway on the building’s western side. The capacity of the drive- through would increase by an additional 3 vehicles for a total of 14 vehicles and allow two vehicles to order at the same time. In addition to the drive-through and parking lot improvements, a new trash enclosure will be constructed at the northwest corner of the property. No alterations will be made to the building under the proposed project. A 41 CUP 23-05, ADR 22-11, & PC AM 22-03 October 24, 2023 Page 3 of 14 conceptual site plan shows the proposed improvements, as shown in Figure 2. Refer to Attachment No. 3 for the site plan. The current hours of operation for the restaurant are from 7:00 a.m. to 7:00 p.m., everyday, and the drive-through hours are from 5:00 a.m. to 12:00 a.m., daily. There are no changes proposed to the hours of operation under this application. Figure 2: Proposed Site Plan ANALYSIS The drive-through improvements require the approval of a Conditional Use Permit. Any changes to the site layout, including the addition of the second drive-through lane and reconfiguring of the parking spaces, requires the approval of an Architectural Design 42 CUP 23-05, ADR 22-11, & PC AM 22-03 October 24, 2023 Page 4 of 14 Review. The project also proposes a reduction of the onsite parking by 9 spaces which requires the approval of a Planning Commission Administrative Modification. Figure 3: Dual Ordering Screen Drive-Through The installation of a second drive-through lane is in response to a higher usage of the drive- through. Many fast-food restaurants have seen customers move from dining inside the restaurant to utilizing drive-through facilities or delivery, especially with the increase in mobile ordering. Customers utilize applications affiliated with the restaurant to place an order and pay prior to arriving at the drive-through for quicker service through the drive-through. Thus, this has caused a shift in the percentage of the customer base that uses the drive- through. Specifically, this location has seen the percentage of customers that utilize the drive-through increase from 63% of customers to 79% within the past two years. As a result, the additional drive-through lane is to accommodate the increase in vehicles that utilize the drive-through. The idea of having two ordering screens has been around for years with many McDonald’s within the area already implementing dual ordering screen drive-throughs, such as those seen in Figure 3 above. Additionally, all newly constructed McDonald’s and store rebuilds have been employing this more efficient design configuration. These improvements allow customers to place their orders earlier and reduce wait times. The Applicant conducted a “Drive-Through Evaluation” to provide a better understanding of how the dual drive-through lane layout would affect the property. The evaluation studied three other comparable McDonald’s locations in Brea, La Palma, and South Gate during the breakfast hours of 7:00 a.m. to 9:00 a.m. and the lunch hours of 11:00 a.m. to 1:00 p.m. These three locations were chosen due to the restaurants having a similar amount of customers and a similar drive-through set up as the one proposed. The evaluation concluded that the peak queuing length ranged from 9 to 14 vehicles for those locations. The proposed drive-through would allow up to 14 vehicles to queue with a vehicle length of 25 feet for each. The current drive-through can only accommodate up to 11 vehicles. Additionally, the current and proposed drive-through contain two spaces beyond the pick-up window where employees may deliver orders to customers should the capacity of the drive-through be 43 CUP 23-05, ADR 22-11, & PC AM 22-03 October 24, 2023 Page 5 of 14 reached. For all other times, it is expected that the site will have more than sufficient space to accommodate all anticipated drive-through traffic. Staff has observed the current drive- through, and it is usually full stacked with cars on Foothill Boulevard trying to turn into the driveway entrance during the peak times. The additional drive-through lane is expected to alleviate such queuing. A copy of the Drive-Through Evaluation is included as an attachment to this report (Refer to Attachment No. 4). Figure 4: Parking Spaces to be Removed on the North Side of the Property The site is not adequate in size to accommodate both the required amount of parking and a second drive-through lane. Per the Development Code, a restaurant of this size requires one parking space per 100 square feet of floor area and one parking space per every 6 outdoor seats, resulting in a requirement for 38 onsite parking spaces which the property currently contains. The installation of a second drive-through lane requires the removal of nine (9) parking spaces. For the reasons mentioned of the higher usage of the drive-through and the ability to have your order delivered, in turn, there has been a reduction in the demand for onsite parking. The parking spaces proposed to be removed are located along the northerly property line and are only accessible through the Shoppes at Highlander commercial plaza. This means that a customer would need to drive through the adjacent plaza to park in these spaces, usually leaving them underutilized. Thus, the removal of these spaces would not be detrimental to the parking demand for the site. Additionally, if a parking capacity issue does arise, the availability of a drive-through, along with its proposed improvements, would help alleviate the additional demand. A parking survey was also conducted by the Applicant to further determine if the proposed parking supply of 29 parking spaces will meet the demand at any given time. A parking survey was conducted on Tuesday, May 2, 2023, at 30-minute intervals to show the amount of parking that was being utilized. The parking study showed 15-18 spaces were occupied between 11:00 a.m. to 1:00 p.m. and 18 to 20 spaces being utilized between 5:30 p.m. and 44 CUP 23-05, ADR 22-11, & PC AM 22-03 October 24, 2023 Page 6 of 14 6:30 p.m. At no point did the parking demand reach the current capacity of 38 parking spaces and the proposed capacity of 29 parking spaces. In addition, the property contains an existing bicycle rack for up to four bicycles. For these reasons, the proposed onsite parking is expected to be sufficient for the anticipated demand. A copy of the “Parking Evaluation” is included as an attachment to this report (Refer to Attachment No. 5). Overall, the proposed improvements to the site would still allow for adequate circulation of the site by vehicles not utilizing the drive-through and would be adequate in size to accommodate the additional drive-through lane. The layout of the drive-through has been designed in a manner that will not interfere with any pedestrian or vehicular access on the property, the adjacent commercial properties, or within the public right-of-way. The site is surrounded by a commercial shopping center and the nearest residential property is located more than 200 feet away. Additionally, the proposed ordering board locations would face north towards the commercial structures in the adjacent commercial plaza and would not pose any noise concerns. The design of the drive-through will maintain compatibility with the surrounding uses on E. Foothill Boulevard which consists of various commercial uses including restaurants, retail stores, and offices and would be consistent with the City’s Design Guidelines and all the applicable findings under Site Plan and Design Review. There are no improvements or alterations proposed for the existing restaurant building on site. Therefore, the architectural design of the building will remain unchanged. FINDINGS Conditional Use Permit The Arcadia Municipal Code requires that for approval of a Conditional Use Permit, it must be concluded that the following findings of fact can be made in an affirmative manner: 1. The proposed use is consistent with the General Plan and any applicable specific plan; and is allowed within the applicable zone, subject to the granting of a Conditional Use Permit, and complies with all other applicable provisions of this Development Code and the Municipal Code. Facts to support findings: Approval of the Project is consistent with the Commercial land use designation of the site. The site is zoned C-G, General Commercial. Arcadia Development Code Section 9102.03.020, Table 2-8, allows drive-throughs facilities in the C-G zone subject to the review and approval of a Conditional Use Permit. The Project complies with all the development standards of the C-G zone, and it is consistent with the goals and policies of the General Plan. The Commercial land use designation is intended to permit a wide range of commercial uses which serve both neighborhood and citywide markets. The designation allows a broad array of commercial uses, including fast food restaurants. Therefore, the Project is consistent with the following General Plan goals and policies: Land Use and Community Design Element 45 CUP 23-05, ADR 22-11, & PC AM 22-03 October 24, 2023 Page 7 of 14 Policy LU-6.7: Encourage a balanced distribution of commercial development throughout the City, ensuring that neighborhoods and districts have adequate access to local-serving commercial uses. 2. The design, location, size, and operating characteristics of the proposed activity will be compatible with the existing and future land uses in the vicinity. Facts to support findings: The Project’s design, location, size, and operating characteristics will be compatible with the existing and future land uses in the vicinity. The property is located along E. Foothill Boulevard which is a commercial corridor that includes retail uses, offices, restaurants, and banks. The Project will only alter the existing parking spaces and drive-through and will not alter the existing restaurant building. The restaurant currently operates from 7:00 a.m. to 7:00 p.m., everyday, with drive-through hours from 5:00 a.m. to 12:00 a.m., everyday. The drive-through lane runs around the rear of the property and will allow sufficient space for the proposed separate lane of circulation. Site and parking lot lighting has been conditioned to have no light and glare at the property line. The site will therefore be compatible with the adjacent commercial uses. The site has an adequate number of parking spaces to accommodate the proposed use and its anticipated parking demand, even with the proposed parking modification to reduce parking (see below modification section). The drive-through lane, which can accommodate up to 14 vehicles, would also help alleviate any additional customers in any case where there is unforeseen excess parking demand on the site. Therefore, the Project will be compatible with existing and future land uses in the vicinity. 3. The site is physically suitable in terms of: a. Its design, location, shape, size, and operating characteristics of the proposed use in order to accommodate the use, site improvements, loading, and parking. Facts to support findings: The site is physically suitable to accommodate the Project. The site currently contains a drive-through lane with a capacity for 11 vehicles. The Project would allow the drive-through to operate with two ordering screens and increase the capacity of the drive-through by three vehicles. A Drive-Through Evaluation provided by the Applicant indicates the 14-vehicle capacity will be adequate to accommodate expected demand of customers utilizing the drive-through. Although the site will provide less parking than the 38 parking spaces required by the Development Code, a Parking Evaluation shows that the site will have sufficient onsite parking to meet the projected parking demand and the proposed drive-through lane will absorb any additional parking demand. Therefore, the site is suitable to accommodate the proposed use. b. Streets and highways adequate to accommodate public and emergency vehicle (e.g., fire and medical) access. 46 CUP 23-05, ADR 22-11, & PC AM 22-03 October 24, 2023 Page 8 of 14 Facts to support findings:The property is located on E. Foothill Boulevard, which is designed with the capacity to accommodate both public and emergency vehicles. All adjacent and nearby streets are adequate in width and pavement type to carry the traffic that could be generated by the Project and to support emergency vehicle access. c. Public protection services (e.g., fire protection, police protection, etc.). Facts to support findings: The Project will only be altering the drive-through and parking lot. Conditions of approval have been included to ensure the restaurant will be operated in a safe manner, and not impact public protection services. The request has been reviewed by the Fire Department and Police Department and no concerns were raised. Therefore, no impacts to public protection services are anticipated. d. The provision of utilities (e.g., potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.). Facts to support findings: The Project will only be altering the drive-through and parking lot and the site contains an existing restaurant building which can be adequately serviced by the existing utilities. The request does not require new construction on the existing building and any lot improvements will be required to be constructed in a manner that will not impact the provision of utilities. Therefore, no impacts to the provision of utilities are anticipated. 4. The measure of site suitability shall be required to ensure that the type, density, and intensity of use being proposed will not adversely affect the public convenience, health, interest, safety, or general welfare, constitute a nuisance, or be materially injurious to the improvements, persons, property, or uses in the vicinity and zone in which the property is located. Facts to support findings: The Project and the type, density, and intensity of use being proposed will not adversely affect the public health or welfare, or to the surrounding properties. The site is surrounded by a commercial shopping center and the nearest residential property is located more than 200 feet away. Additionally, the proposed ordering board locations would face north towards the commercial structures in the adjacent commercial plaza and would not negatively impact any of the surrounding uses. Onsite lighting is conditioned to comply with the City’s lighting standards and ensure that any potential light and glare shall terminate at the property lines. The proposed drive-through improvements would be an appropriate improvement for the surrounding uses and along this corridor of Foothill Boulevard. Drive-through and Drive-up Facilities According to Arcadia Development Code Section 9104.02.130, it states that the following findings shall be made in addition to other required findings of the Conditional Use Permit 47 CUP 23-05, ADR 22-11, & PC AM 22-03 October 24, 2023 Page 9 of 14 for a drive-through or drive-up business, in addition to standard findings required for issuance of a Conditional Use Permit: 1. The proposed use complies with all requirements set forth for the issuance of the required planning entitlement. Facts to support findings: The proposed drive-through improvements comply with all of the required development standards and departmental requirements required for entitlement. The Project is permitted per Development Code Section 9102.03.020, Table 2-8, subject to the approval of a Conditional Use Permit and is in compliance with all the development standards of the C-G zone. The Project has been reviewed by the various City departments and is suitable for the site. 2. The proposed use will not substantially increase vehicular traffic on any street in a residential zone. Facts to support findings: The existing McDonald’s restaurant is located on an interior lot along E. Foothill Boulevard and is not adjacent to any residential zones or streets, as it is surrounded by commercial uses. E. Foothill Boulevard is a commercial corridor consisting of various retail stores, restaurants, offices, and banks. Therefore, the proposed drive-through improvements will not increase vehicular traffic on any street in a residential zone. 3. The proposed use will not lessen the suitability of any nearby commercially zoned property for commercial use by interfering with pedestrian traffic. Facts to support findings: The proposed drive through improvements will be fully contained on site and will not interfere with any pedestrian traffic. The adjacent commercial plaza will not have any of its pedestrian traffic impeded as most of the commercial buildings in that plaza are located further to the north on that site with parking for those commercial uses not being interfered by the proposed improvements. Therefore, the suitability of those commercial uses will be maintained. 4. The proposed use will not create increased traffic hazards to pedestrians when located near a school, place of worship, auditorium, theater or other place of assembly. Facts to support findings: The property does not abut a school, place of worship, auditorium, theater or other place of assembly and the nearest such use is Foothills Middle School, which is far removed from any potential impacts or traffic hazards from the proposed drive-through improvements to this site. The improvements will solely be focused on adding an additional drive-through lane to increase the capacity and efficiency of the drive-through queue and no pedestrian access on private or public property will be impeded. 48 CUP 23-05, ADR 22-11, & PC AM 22-03 October 24, 2023 Page 10 of 14 5. Adequate conditions have been applied through the required planning entitlement to prevent adverse impacts on surrounding properties with respect to noise, trespass, and litter control. Facts to support findings: The Project has been reviewed by the various City departments and conditioned to prevent adverse impacts to any of the surrounding properties. The site is surrounded by a commercial plaza that is not expected to be impacted by the proposed improvements and the nearest residential property is located over 200 feet away from the site. Conditions have been added to ensure that the new trash enclosure meets the City’s standards and that any light or glare terminates at the property line for any new light fixtures. Administrative Modification According to Arcadia Development Code Section 9107.05.050, it states that an Administrative Modification may be approved if at least one of the following findings can be made: 1. Secure an appropriate improvement of a lot; 2. Prevent an unreasonable hardship; or 3. Promote uniformity of development Facts to support findings: The Project is proposing to provide 29 parking spaces in lieu of the required 38 spaces. The proposed parking modification will secure an appropriate improvement of the lot because the existing drive-through can benefit from improvements for an increased capacity in lieu of meeting the minimum parking requirements per the Development Code. This location has seen the percentage of customers that utilize the drive-through increase from 63% of customers to 79% within the past two years, thereby only having 21% of their customers walk into the restaurant to order food. Further, it has been determined that not all of the existing 38 parking spaces on site are utilized. A parking evaluation determined that, at most, 20 parking spaces were utilized by customers during peak hours. Therefore, although the site would be deficient by nine (9) spaces, the proposed 29 parking spaces will not be an issue as it will adequately serve the parking demand on site. The new drive-through improvements would also be able to handle any unforeseen parking demand that exceeds onsite parking availability. Therefore, a reduction in onsite parking from the 38 required parking spaces to the 29 spaces provided is not anticipated to cause any potential impacts and would be an appropriate improvement for this lot in order to accommodate the drive-through improvements for the increased drive-through demand. Architectural Design Review The proposed drive-through improvements and parking lot layout are consistent with the City’s Commercial Design Guidelines and all the applicable findings under Site Plan and Design Review can be made since the improvements will not adversely affect the current 49 CUP 23-05, ADR 22-11, & PC AM 22-03 October 24, 2023 Page 11 of 14 operations on the site, will not affect the surrounding uses, and are compatible with the commercial developments along this portion of E. Foothill Boulevard. No improvements or alterations are proposed for the existing restaurant building on site. This is solely a Project to improve the capacity and efficiency of the existing drive-through for the McDonald’s restaurant by adding an additional drive-through lane. The Project has been designed in a manner that will not interfere with any pedestrian or vehicular access on the adjacent commercial properties or within the public right-of-way. The design of the drive-through will maintain compatibility with the surrounding uses on E. Foothill Boulevard which consists of various commercial uses including restaurants, retail stores, and offices. Along with the site improvements, pockets of landscaping will also be integrated into the parking lot. Therefore, the proposed site improvements to the drive-through and parking lot are consistent with the City’s Design Guidelines and all the applicable findings under Site Plan and Design Review. All City requirements regarding disabled access and facilities, occupancy limits, building safety, health code compliance, emergency equipment, environmental regulation compliance, and parking and site design shall be complied with by the Applicant/Property Owner to the satisfaction of the Building Official, City Engineer, Deputy Development Services Director, Fire Marshal, and Public Works Services Director, or their respective designees. ENVIRONMENTAL ASSESSMENT It has been determined that the project site is less than five (5) acres; the project site has no value as a habitat for endangered, rare or threatened species; the proposed project will not have any significant effects upon the environment, and the site can be adequately served by all the required utilities and public services. Therefore, the project is exempt under Class 32 (In-Fill Development Projects) pursuant to Section 15332 of the State California Environmental Quality Act (CEQA) Guidelines. The project also qualifies for a Class 5 Exemption for a minor alteration to land use limitations pursuant to Section 15305 of the CEQA Guidelines. Refer to Attachment No. 6 for the Preliminary Exemption Assessment. PUBLIC NOTICE/COMMENTS A public hearing notice for this item was posted at the City Clerk’s Office, City Council Chambers, at the Arcadia Library, and on the City’s website on October 12, 2023. It was also mailed to the property owners located within 300 feet of the subject property. As of October 19, 2023, no comments were received regarding this project. RECOMMENDATION It is recommended that the Planning Commission approve Conditional Use Permit No. CUP 23-05, Architectural Design Review No. ADR 22-11, and Planning Commission Administrative Modification No. PC AM 22-03, find that the project is Categorically Exempt from the California Environmental Quality Act (CEQA), and adopt Resolution No. 2136, subject to the following conditions of approval: 50 CUP 23-05, ADR 22-11, & PC AM 22-03 October 24, 2023 Page 12 of 14 1. The project shall be developed and maintained by the Applicant/Property Owner in a manner that is consistent with the plans submitted and conditionally approved for CUP 23-05, ADR 22-11, and PC AM 22-03, subject to the approval of the Deputy Development Services Director or designee. 2. The drive-through shall not be open for business anytime between 12:00 a.m. and 5:00 a.m. of the following day. 3. The volume from the menu board shall not exceed the noise level for daytime and nighttime hours per the City's noise ordinance. The volume shall be adjusted accordingly to be sensitive to the adjacent uses at the discretion of the Deputy Development Services Director, or designee. 4. All new exterior signage, including signage for the drive-through, shall be reviewed and approved separately under a Sign Architectural Design Review Application. 5. For any new light fixtures, an exterior parking lot lighting plan and photometric lighting analysis shall be provided with the electrical plans to plan-check in Building Services. The parking lot light fixtures shall have a blank metal insert to ensure any potential light and glare terminates at zero at the property lines. The style of the parking lot lights shall be reviewed and approved by the Deputy Development Services Director, or designee, prior to plan-check review. 6. The Applicant/Property Owner shall comply with the latest adopted edition of the following codes as applicable: a) California Building Code b) California Electrical Code c) California Mechanical Code d) California Plumbing Code e) California Energy Code f) California Fire Code g) California Green Building Standards Code h) California Existing Building Code i) Arcadia Municipal Code 7. The Property Owner/Applicant shall size the trash enclosure area accordingly. A minimum of three bins/carts; one each for trash, recycling, and green waste/food waste. For bins, there should be a one-foot clearance around each bin. 8. The Applicant/Property Owner shall comply with all City requirements regarding building safety, fire prevention, detection, suppression, emergency access, public right-of-way improvements, parking, water supply and water facilities, sewer facilities, trash reduction and recycling requirements, and National Pollutant Discharge Elimination System (NPDES) measures to the satisfaction of the Building Official, Fire Marshal, Public Works Services Director, and Deputy Development Services Director, or their respective designees. Compliance with these 51 CUP 23-05, ADR 22-11, & PC AM 22-03 October 24, 2023 Page 13 of 14 requirements is to be determined by having fully detailed construction plans submitted for plan check review and approval by the foregoing City officials and employees. 9. To the maximum extent permitted by law, the Applicant/Owner must defend, indemnify, and hold the City, any departments, agencies, divisions, boards, and/or commissions of the City, and its elected officials, officers, contractors serving as City officials, agents, employees, and attorneys of the City (“Indemnitees”) harmless from liability for damages and/or claims, actions, or proceedings for damages for personal injuries, including death, and claims for property damage, and with respect to all other actions and liabilities for damages caused or alleged to have been caused by reason of the Applicant’s activities in connection with CUP 23-05, ADR 22-11, and PC AM 22-03 (“Project”), and which may arise from the direct or indirect operations of the Applicant or those of the Applicant’s contractors, agents, tenants, employees or any other persons acting on Applicant’s behalf, which relate to the development and/or construction of the Project. This indemnity provision applies to all damages and claims, actions, or proceedings for damages, as described above, regardless of whether the City prepared, supplied, or approved the plans, specifications, or other documents for the Project. In the event of any legal action challenging the validity, applicability, or interpretation of any provision of this approval, or any other supporting document relating to the Project, the City will notify the Applicant of the claim, action, or proceedings and will cooperate in the defense of the matter. The Applicant must indemnify, defend and hold harmless the Indemnitees, and each of them, with respect to all liability, costs and expenses incurred by, and/or awarded against, the City or any of the Indemnitees in relation to such action. Within 15 days’ notice from the City of any such action, the Applicant shall provide to the City a cash deposit to cover legal fees, costs, and expenses incurred by City in connection with defense of any legal action in an initial amount to be reasonably determined by the City Attorney. The City may draw funds from the deposit for such fees, costs, and expenses. Within 5 business days of each and every notice from City that the deposit has fallen below the initial amount, Applicant shall replenish the deposit each and every time in order for City’s legal team to continue working on the matter. The City shall only refund to the Developer any unexpended funds from the deposit within 30 days of: (i) a final, non-appealable decision by a court of competent jurisdiction resolving the legal action; or (ii) full and complete settlement of legal action. The City shall have the right to select legal counsel of its choice. The parties hereby agree to cooperate in defending such action. The City will not voluntarily assist in any such third-party challenge(s). In consideration for approval of the Project, this condition shall remain in effect if the entitlement(s) related to this Project is rescinded or revoked, at the request of the Applicant or not. 10. Approval of CUP 23-05, ADR 22-11, and PC AM 22-03 shall not be in effect unless the Property Owner and Applicant have executed and filed the Acceptance Form with the City on or before 30 calendar days after the Planning Commission has adopted the Resolution. The executed Acceptance Form submitted to the 52 CUP 23-05, ADR 22-11, & PC AM 22-03 October 24, 2023 Page 14 of 14 Development Services Department is to indicate awareness and acceptance of the conditions of approval. PLANNING COMMISSION ACTION Approval If the Planning Commission intends to approve this project, the Commission should move to approve Conditional Use Permit No. CUP 23-05, Architectural Design Review No. ADR 22- 11, and Planning Commission Administrative Modification No. PC AM 22-03, state that the proposal satisfies the requisite findings, and adopt the attached Resolution No. 2136 that incorporates the requisite environmental and subdivision findings, and the conditions of approval as presented in this staff report, or as modified by the Commission. Denial If the Planning Commission is to deny this project, the Commission should state the specific findings that the proposal does not satisfy based on the evidence presented with specific reasons for denial, and move to deny Conditional Use Permit No. CUP 23-05, Architectural Design Review No. ADR 22-11, and Planning Commission Administrative Modification No. PC AM 22-03 and direct staff to prepare a resolution for adoption at the next meeting that incorporates the Commission’s decision and specific findings. If any Planning Commissioner, or other interested party has any questions or comments regarding this matter prior to the October 24, 2023, Planning Commission Meeting, please contact Associate Planner, Edwin Arreola at (626) 821-4334, or earreola@ArcadiaCA.gov. Approved: Lisa L. Flores Deputy Development Services Director Attachment No. 1: Resolution No. 2136 Attachment No. 2: Aerial Photo with Zoning Information and Photos of the Subject Property and Vicinity Attachment No. 3: Site Plan Attachment No. 4: Drive-Through Evaluation Attachment No. 5: Parking Evaluation Attachment No. 6: Preliminary Exemption Assessment 53 Attachment No. 1 Attachment No. 1 Resolution No. 2 54 24347.00004\41737254.1 RESOLUTION NO. 2136 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 23-05, ARCHITECTURAL DESIGN REVIEW NO. ADR 22-11, AND PLANNING COMMISSION ADMINISTRATIVE MODIFICATION NO. PC AM 22-03 TO ALLOW A SECOND DRIVE-THROUGH LANE AND A PARKING MODIFICATION AT THE MCDONALD’S RESTAURANT LOCATED AT 143 EAST FOOTHILL BOULEVARD WHEREAS, on September 26, 2022, applications for Planning Commission Administrative Modification No. PC AM 22-03 and Architectural Design Review No. ADR 22-11, and on June 28, 2023 an application for Conditional Use Permit No. CUP 23-05, were filed by McDonald’s Corporation to add an additional drive-through lane next to the existing drive-through lane and a parking modification to allow 29 parking spaces in lieu of the 38 parking spaces required at 143 E. Foothill Boulevard (“Project”); and WHEREAS, on October 5, 2023, Planning Services completed an environmental assessment for the Project in accordance with the California Environmental Quality Act (“CEQA”), and recommends that the Planning Commission determine the Project is exempt under CEQA per Section 15305 of the CEQA Guidelines for a minor alteration to land use limitations, and Section 15332 of the CEQA Guidelines because the Project is considered an in-fill development project; and WHEREAS, on October 24, 2023, a duly-noticed public hearing was held before the Planning Commission on said Project, at which time all interested persons were given full opportunity to be heard and to present evidence. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF ARCADIA HEREBY RESOLVES AS FOLLOWS: SECTION 1. The factual data submitted by the Community Development Division in the staff report dated October 24, 2023, are true and correct. 55 24347.00004\41737254.1 2 SECTION 2. This Commission finds, based upon the entire record: Conditional Use Permit 1. The proposed use is consistent with the General Plan and any applicable specific plan; and is allowed within the applicable zone, subject to the granting of a Conditional Use Permit, and complies with all other applicable provisions of this Development Code and the Municipal Code. FACT: Approval of the Project is consistent with the Commercial land use designation of the site. The site is zoned C-G, General Commercial. Arcadia Development Code Section 9102.03.020, Table 2-8, allows drive-through facilities in the C-G zone subject to the review and approval of a Conditional Use Permit. The Project complies with all the development standards of the C-G zone, and it is consistent with the goals and policies of the General Plan. The Commercial land use designation is intended to permit a wide range of commercial uses which serve both neighborhood and citywide markets. The designation allows a broad array of commercial uses, including fast food restaurants. Therefore, the Project is consistent with the following General Plan goals and policies: Land Use and Community Design Element Policy LU-6.7: Encourage a balanced distribution of commercial development throughout the City, ensuring that neighborhoods and districts have adequate access to local-serving commercial uses. 2. The design, location, size, and operating characteristics of the proposed activity will be compatible with the existing and future land uses in the vicinity. FACT: The Project’s design, location, size, and operating characteristics will be compatible with the existing and future land uses in the vicinity. The property is located 56 24347.00004\41737254.1 3 along E. Foothill Boulevard which is a commercial corridor that includes retail uses, offices, restaurants, and banks. The Project will only alter the existing parking spaces and drive-through and will not alter the existing restaurant building. The restaurant currently operates from 7:00 a.m. to 7:00 p.m., everyday, with drive-through hours from 5:00 a.m. to 12:00 a.m., everyday. The drive-through lane runs around the rear of the property and will allow sufficient space for the proposed separate lane of circulation. Site and parking lot lighting has been conditioned to have no light and glare at the property line. The site will therefore be compatible with the adjacent commercial uses. The site has an adequate number of parking spaces to accommodate the proposed use and its anticipated parking demand, even with the proposed parking modification to reduce parking (see below modification section). The drive-through lane, which can accommodate up to 14 vehicles, would also help alleviate any additional customers in any case where there is unforeseen excess parking demand on the site. Therefore, the Project will be compatible with existing and future land uses in the vicinity. 3. The site is physically suitable in terms of: a. Its design, location, shape, size, and operating characteristics of the proposed use in order to accommodate the use, site improvements, loading, and parking; FACT: The site is physically suitable to accommodate the Project. The site currently contains a drive-through lane with a capacity for 11 vehicles. The Project would allow the drive-through to operate with two ordering screens and increase the capacity of the drive-through by three vehicles. A Drive-Through Evaluation provided by the Applicant indicates the 14-vehicle capacity will be adequate to accommodate expected demand of customers utilizing the drive-through. Although the site will provide less parking than the 57 24347.00004\41737254.1 4 38 parking spaces required by the Development Code, a Parking Evaluation shows that the site will have sufficient onsite parking to meet the projected parking demand and the proposed drive-through lane will absorb any additional parking demand. Therefore, the site is suitable to accommodate the Project. B. Streets and highways adequate to accommodate public and emergency vehicle (e.g., fire and medical) access; FACT: The property is located on E. Foothill Boulevard, which is designed with the capacity to accommodate both public and emergency vehicles. All adjacent and nearby streets are adequate in width and pavement type to carry the traffic that could be generated by the Project and to support emergency vehicle access. C. Public protection services (e.g., fire protection, police protection, etc.). FACT: The Project will only be altering the drive-through and parking lot. Conditions of approval have been included to ensure the restaurant will be operated in a safe manner, and not impact public protection services. The Project has been reviewed by the Fire Department and Police Department and no concerns were raised. Therefore, no impacts to public protection services are anticipated. D. The provision of utilities (e.g., potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.). FACT: The Project will only be altering the drive-through and parking lot and the site contains an existing restaurant building which can be adequately serviced by the existing utilities. The Project does not require new construction on the existing building and any lot improvements will be required to be constructed in a manner that will not 58 24347.00004\41737254.1 5 impact the provision of utilities. Therefore, no impacts to the provision of utilities are anticipated. 4. The measure of site suitability shall be required to ensure that the type, density, and intensity of use being proposed will not adversely affect the public convenience, health, interest, safety, or general welfare, constitute a nuisance, or be materially injurious to the improvements, persons, property, or uses in the vicinity and zone in which the property is located. FACT: The Project and the type, density, and intensity of use being proposed will not adversely affect the public health or welfare, or to the surrounding properties. The site is surrounded by a commercial shopping center and the nearest residential property is located more than 200 feet away. Additionally, the proposed ordering board locations would face north towards the commercial structures in the adjacent commercial plaza and would not negatively impact any of the surrounding uses. Onsite lighting is conditioned to comply with the City’s lighting standards and ensure that any potential light and glare shall terminate at the property lines. The Project would be an appropriate improvement for the surrounding uses and along this corridor of Foothill Boulevard. Drive-through and Drive-up Facilities The Project meets the requirements of Development Code Section 9104.02.130 regarding drive-through and drive-up facilities. 1. The proposed use complies with all requirements set forth for the issuance of the required planning entitlement. FACT: The Project complies with all of the required development standards and departmental requirements required for entitlement. The Project is permitted per 59 24347.00004\41737254.1 6 Development Code Section 9102.03.020, Table 2-8, subject to the approval of a Conditional Use Permit and is in compliance with all the development standards of the C- G zone. The Project has been reviewed by the various City departments and is suitable for the site. 2. The proposed use will not substantially increase vehicular traffic on any street in a residential zone. FACT: The existing McDonald’s restaurant is located on an interior lot along E. Foothill Boulevard and is not adjacent to any residential zones or streets, as it is surrounded by commercial uses. E. Foothill Boulevard is a commercial corridor consisting of various retail stores, restaurants, offices, and banks. Therefore, the Project will not increase vehicular traffic on any street in a residential zone. 3. The proposed use will not lessen the suitability of any nearby commercially zoned property for commercial use by interfering with pedestrian traffic. FACT: The Project will be fully contained on site and will not interfere with any pedestrian traffic. The adjacent commercial plaza will not have any of its pedestrian traffic impeded as most of the commercial buildings in that plaza are located further to the north on that site with parking for those commercial uses not being interfered by the Project. Therefore, the suitability of those commercial uses will be maintained. 4. The proposed use will not create increased traffic hazards to pedestrians when located near a school, place of worship, auditorium, theater or other place of assembly. FACT: The property does not abut a school, place of worship, auditorium, theater or other place of assembly and the nearest such use is Foothills Middle School, which is far removed from any potential impacts or traffic hazards from the proposed drive-through 60 24347.00004\41737254.1 7 improvements to this site. The Project will solely be focused on adding an additional drive- through lane to increase the capacity and efficiency of the drive-through queue and no pedestrian access on private or public property will be impeded. 5. Adequate conditions have been applied through the required planning entitlement to prevent adverse impacts on surrounding properties with respect to noise, trespass, and litter control. FACT: The Project has been reviewed by the various City departments and conditioned to prevent adverse impacts to any of the surrounding properties. The site is surrounded by a commercial plaza that is not expected to be impacted by the proposed improvements and the nearest residential property is located over 200 feet away from the site. Conditions have been added to ensure that the new trash enclosure meets the City’s standards and that any light or glare terminates at the property line for any new light fixtures. Administrative Modification The Project meets at least one of the following: 1. Secure an appropriate improvement of a lot; 2. Prevent an unreasonable hardship; or 3. Promote uniformity of development FACT: The Project is proposing to provide 29 parking spaces in lieu of the required 38 spaces. The proposed parking modification will secure an appropriate improvement of the lot because the existing drive-through can benefit from improvements for an increased capacity in lieu of meeting the minimum parking requirements per the Development Code. This location has seen the percentage of customers that utilize the drive-through increase 61 24347.00004\41737254.1 8 from 63% of customers to 79% within the past two years, thereby only having 21% of their customers walk into the restaurant to order food. Further, it has been determined that not all of the existing 38 parking spaces on site are utilized. A parking evaluation determined that, at most, 20 parking spaces were utilized by customers during peak hours. Therefore, although the site would be deficient by nine (9) spaces, the proposed 29 parking spaces will not be an issue as it will adequately serve the parking demand on site. The new drive- through improvements would also be able to handle any unforeseen parking demand that exceeds onsite parking availability. Therefore, a reduction in onsite parking from the 38 required parking spaces to the 29 spaces provided is not anticipated to cause any potential impacts and would be an appropriate improvement for this lot in order to accommodate the drive-through improvements for the increased drive-through demand. Architectural Design Review 1. The proposal is consistent with the City’s Commercial Design Guidelines: FACT: The proposed drive-through improvements and parking lot layout are consistent with the City’s Commercial Design Guidelines and all the applicable findings under Site Plan and Design Review can be made since the improvements will not adversely affect the current operations on the site, will not affect the surrounding uses, and are compatible with the commercial developments along this portion of E. Foothill Boulevard. No improvements or alterations are proposed for the existing restaurant building on site. This is solely a Project to improve the capacity and efficiency of the existing drive-through for the McDonald’s restaurant by adding an additionaldrive-through lane. The Project has been designed in a manner that will not interfere with any pedestrian or vehicular access on the adjacent commercial properties or within the public right-of- 62 24347.00004\41737254.1 9 way. The design of the drive-through will maintain compatibility with the surrounding uses on E. Foothill Boulevard which consists of various commercial uses including restaurants, retail stores, and offices. Along with the site improvements, pockets of landscaping will also be integrated into the parking lot. Therefore, the proposed site improvements to the drive-through and parking lot are consistent with the City’s Design Guidelines and all the applicable findings under Site Plan and Design Review. SECTION 3. Pursuant to the provisions of the California Environmental Quality Act (“CEQA”), this Project is subject to a Class 5 Categorical Exemption for a minor alteration to land use limitations per Section 15305 of the CEQA Guidelines and a Class 32 Categorical Exemption as an infill-development project per Section 15332 of the CEQA Guidelines. SECTION 4. For the foregoing reasons the Planning Commission determines that the Project is Categorically Exempt under the California Environmental Quality Act (“CEQA”) Section 15305, Class 5, and 15332, Class 32, and approves Conditional Use Permit No. CUP 23-05, Architectural Design Review No. ADR 22-11, and Planning Commission Administrative Modification No. PC AM 22-03 to add an additional drive- through lane to the existing drive-through lane and a parking modification to allow 29 parking spaces in lieu of the 38 parking spaces required at 143 E. Foothill Boulevard, subject to the conditions of approval attached hereto. SECTION 5. The Secretary shall certify to the adoption of this Resolution. 63 24347.00004\41737254.1 10 Passed, approved and adopted this 24th day of October, 2023. Vincent Tsoi Chair, Planning Commission ATTEST: Lisa L. Flores Secretary APPROVED AS TO FORM: Michael J. Maurer City Attorney 64 24347.00004\41737254.1 11 Page Intentionally Left Blank 65 24347.00004\41737254.1 12 RESOLUTION NO. 2136 Conditions of Approval 1. The project shall be developed and maintained by the Applicant/Property Owner in a manner that is consistent with the plans submitted and conditionally approved for CUP 23-05, ADR 22-11, and PC AM 22-03, subject to the approval of the Deputy Development Services Director or designee. 2. The drive-through shall not be open for business anytime between 12:00 a.m. and 5:00 a.m. of the following day. 3. All new exterior signage, including signage for the drive-through, shall be reviewed and approved separately under a Sign Architectural Design Review Application. 4. For any new light fixtures, an exterior parking lot lighting plan and photometric lighting analysis shall be provided with the electrical plans to plan-check in Building Services. The parking lot light fixtures shall have a blank metal insert to ensure any potential light and glare terminates at zero at the property lines. The style of the parking lot lights shall be reviewed and approved by the Deputy Development Services Director, or designee, prior to plan-check review. 5. The Applicant/Property Owner shall comply with the latest adopted edition of the following codes as applicable: a) California Building Code b) California Electrical Code c) California Mechanical Code d) California Plumbing Code e) California Energy Code f) California Fire Code g) California Green Building Standards Code h) California Existing Building Code i) Arcadia Municipal Code 6. The Property Owner/Applicant shall size the trash enclosure area accordingly. A minimum of three bins/carts; one each for trash, recycling, and green waste/food waste. For bins, there should be a one-foot clearance around each bin. 7. The Applicant/Property Owner shall comply with all City requirements regarding building safety, fire prevention, detection, suppression, emergency access, public right-of-way improvements, parking, water supply and water facilities, sewer facilities, trash reduction and recycling requirements, and National Pollutant Discharge Elimination System (NPDES) measures to the satisfaction of the Building Official, Fire Marshal, Public Works Services Director, and Deputy Development Services Director, or their respective designees. Compliance with 66 24347.00004\41737254.1 13 these requirements is to be determined by having fully detailed construction plans submitted for plan check review and approval by the foregoing City officials and employees. 8. To the maximum extent permitted by law, the Applicant/Owner must defend, indemnify, and hold the City, any departments, agencies, divisions, boards, and/or commissions of the City, and its elected officials, officers, contractors serving as City officials, agents, employees, and attorneys of the City (“Indemnitees”) harmless from liability for damages and/or claims, actions, or proceedings for damages for personal injuries, including death, and claims for property damage, and with respect to all other actions and liabilities for damages caused or alleged to have been caused by reason of the Applicant’s activities in connection with CUP 23-05, ADR 22-11, and PC AM 22-03 (“Project”), and which may arise from the direct or indirect operations of the Applicant or those of the Applicant’s contractors, agents, tenants, employees or any other persons acting on Applicant’s behalf, which relate to the development and/or construction of the Project. This indemnity provision applies to all damages and claims, actions, or proceedings for damages, as described above, regardless of whether the City prepared, supplied, or approved the plans, specifications, or other documents for the Project. In the event of any legal action challenging the validity, applicability, or interpretation of any provision of this approval, or any other supporting document relating to the Project, the City will notify the Applicant of the claim, action, or proceedings and will cooperate in the defense of the matter. The Applicant must indemnify, defend and hold harmless the Indemnitees, and each of them, with respect to all liability, costs and expenses incurred by, and/or awarded against, the City or any of the Indemnitees in relation to such action. Within 15 days’ notice from the City of any such action, the Applicant shall provide to the City a cash deposit to cover legal fees, costs, and expenses incurred by City in connection with defense of any legal action in an initial amount to be reasonably determined by the City Attorney. The City may draw funds from the deposit for such fees, costs, and expenses. Within 5 business days of each and every notice from City that the deposit has fallen below the initial amount, Applicant shall replenish the deposit each and every time in order for City’s legal team to continue working on the matter. The City shall only refund to the Developer any unexpended funds from the deposit within 30 days of: (i) a final, non-appealable decision by a court of competent jurisdiction resolving the legal action; or (ii) full and complete settlement of legal action. The City shall have the right to select legal counsel of its choice. The parties hereby agree to cooperate in defending such action. The City will not voluntarily assist in any such third-party challenge(s). In consideration for approval of the Project, this condition shall remain in effect if the entitlement(s) related to this Project is rescinded or revoked, at the request of the Applicant or not. 67 24347.00004\41737254.1 14 9. Approval of CUP 23-05, ADR 22-11, and PC AM 22-03 shall not be in effect unless the Property Owner and Applicant have executed and filed the Acceptance Form with the City on or before 30 calendar days after the Planning Commission has adopted the Resolution. The executed Acceptance Form submitted to the Development Services Department is to indicate awareness and acceptance of the conditions of approval. ---- 68 Attachment No. 2 Attachment No. 2 Aerial Photo Zoning Information Photos of the Subject Property 69 Overlays Selected parcel highlighted Parcel location within City of Arcadia N/A Property Owner(s): Lot Area (sq ft): Year Built: Main Structure / Unit (sq. ft.): C-G Number of Units: C Property Characteristics 1965 3,249 1 Property Owner Site Address:143 E FOOTHILL BLVD Parcel Number: 5771-021-017 N/A Zoning: General Plan: N/A Downtown Overlay: Downtown Parking Overlay: Architectural Design Overlay:N/A N/A N/A N/A Residential Flex Overlay: N/A N/A N/A N/A Special Height Overlay: N/A Parking Overlay: Racetrack Event Overlay: This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. Report generated 19-Oct-2023 Page 1 of 1 70 SITE PHOTOS DRIVE-THROUGH EXIT ON WEST SIDE EXISTING BUILDING 71 DRIVE-THROUGH ENTRANCE ON EAST SIDE PARKING SPACES AT REAR OF PROPERTY 72 EXISTING ORDERING SCREEN AT REAR OF PROPERTY 73 Attachment No. Attachment No. 74 75 Attachment No. Attachment No. 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 Attachment No. Attachment No. 115 116 117 118 119 120 121 122 Attachment No. Attachment No. 123 Preliminary Exemption Assessment FORM “A” PRELIMINARY EXEMPTION ASSESSMENT 1.Name or description of project:CUP 23-05, ADR 22-11, and PC AM 22-03 - To add an additional drive-through lane next to an existing drive-through lane and a parking modification to allow 29 parking spaces in lieu of the 38 parking spaces required. 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): 143 E. Foothill Boulevard – The business is located on the north side of E. Foothill Boulevard between Highland Oaks Drive and N. 2nd Avenue. 3.Entity or person undertaking project: A. B.Other (Private) (1)Name Carlos Madrigal, McDonald’s Corporation (2)Address 18565 Jamboree Road, Suite 850 Irvine, CA 92612 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:15305 – Class 5 (Minor alteration to land use limitations) 15332 – Class 32 (In-fill development) f.The project is statutorily exempt. Applicable Exemption: g.The project is otherwise exempt on the following basis: h.The project involves another public agency which constitutes the Lead Agency. Name of Lead Agency: 124 Preliminary Exemption Assessment FORM “A” Date: October 5, 2023 Staff: Edwin Arreola, Associate Planner 125 ARCADIA PLANNING COMMISSION REGULAR MEETING MINUTES TUESDAY, SEPTEMBER 12, 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 Tsoi called the meeting to order at 7:00 p.m. ROLL CALL PRESENT: Chair Tsoi, Vice Chair Wilander, Arvizu, Hui, Tallerico ABSENT: None SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS There were none to report. PUBLIC COMMENTS (5 minute time limit per person) There were none. PUBLIC HEARING 1. Resolution No. 2133 – Approving Tentative Parcel Map No. TPM 22-03 (84027) to subdivide the airspace for an approved three-unit multi-family residential condominium development at 709 S. Second Avenue CEQA: Exempt Recommendation: Adopt Applicant: Philip Chan MOTION - PUBLIC HEARING Chair Tsoi introduced the item and Assistant Planner Alison MacCarley presented the staff report. Commissioner Arvizu asked about the dedication and its purpose. Ms. MacCarley explained it is to widen the street on Second Avenue and it is an engineering requirement. The Commissioners had no further questions for staff. The public hearing was opened. The Applicant, Philip Chan, introduced himself and the proposal. The Commissioners had no questions for the Applicant. No one else spoke in favor of the proposal. Chair Tsoi asked if there were any speakers in opposition of the proposal. 126 2 9/12/23 No one spoke in opposition of the proposal. It was moved by Vice Chair Wilander, seconded by Commissioner Hui, to close the public hearing. Without objection, the motion was approved. DISCUSSION Commissioner Tallerico said the proposal is straightforward, meets all the findings and had no concerns. Vice Chair Wilander agreed, and Commissioner Tallerico was in favor of the proposal. Commissioner Hui had no concerns and was in favor of the proposal. Commissioner Arvizu had a question about the site’s address number, but it was clarified by staff. Chair Tsoi was in favor of approving the proposal. MOTION It was moved by Commissioner Tallerico, seconded by Commissioner Hui to adopt Resolution No. 2133 to approve Tentative Parcel Map No. TPM 22-03 (84027) to subdivide the airspace for an approved three-unit multi-family condominium development at 709 S. Second Avenue in which the findings were made and is CEQA exempt. ROLL CALL AYES: Chair Tsoi, Vice Chair Tsoi, Arvizu, Hui, Tallerico NOES: None ABSENT: None The motion was approved. There is a 10-day appeal period. Appeals are to be filed by 5:30 p.m. on Monday, September 25, 2023. PUBLIC HEARING 2. Resolution No. 2128 – Approving Tentative Parcel Map No. 23-08 (84177) to subdivide a 67,870 square foot single-family residential parcel into two legal lots at 1014 Hampton Road CEQA: Exempt Recommendation: Adopt Applicant: Robert Tong MOTION - PUBLIC HEARING Chair Tsoi introduced the item and Assistant Planner Alison MacCarley presented the staff report. 127 3 9/12/23 Ms. MacCarley read into the record there was a typo in the staff report that originally stated the direction of the location of the lot was on the northeast corner of Hampton Road and Dexter Avenue but is in fact located in the southwest corner. Vice Chair Wilander asked why the house would be demolished if no project has been proposed. Ms. MacCarley explained that a structure cannot cross over the new property lines, therefore the house must be demolished before the final map can be approved. Commissioner Hui asked what the criteria are for a Historic Report. Ms. MacCarley explained a historic report is required for any structure or building that is 50 years of age or older. Vice Chair Tsoi had no questions for staff. The public hearing was opened. The Applicant, Robert Tong, introduced himself and spoke on behalf of the property owner. The Commissioners had no questions for the Applicant. No one else spoke in favor of the proposal. Chair Tsoi asked if there were any speakers in opposition of the proposal. No one spoke in opposition of the proposal. It was moved by Commissioner Tallerico, seconded by Commissioner Hui, to close the public hearing. Without objection, the motion was approved. DISCUSSION Commissioner Tallerico had no concerns and was in favor of the proposal. Vice Chair Wilander stated that it made sense to split the lot given its size. She was in favor of the subdivision. Commissioner Arvizu agreed with Vice Chair Wilander and was in favor of the proposal. Commissioner Hui had no concerns and was in favor of the proposal. Vice Chair Wilander asked if the Homeowners Association was in support of the subdivision. Ms. MacCarley stated the HOA does not review tentative parcel maps. Chair Tsoi asked if a fence is required while it is vacant. 128 4 9/12/23 Deputy Development Services Director Lisa Flores stated the property will be required to be registered on the vacant property registry if the property remains vacant and no construction activity occurs to ensure the property is adequately maintained. MOTION It was moved by Commissioner Tallerico, seconded by Vice Chair Wilander to adopt Resolution No. 2128 to approve Tentative Parcel Map No. TPM 23-03 (84177) to subdivide a 67,870 square foot single-family residential parcel into two legal lots at 1014 Hampton Road in which the findings were made and is exempt from CEQA. ROLL CALL AYES: Chair Tsoi, Vice Chair Wilander, Arvizu, Hui, and Tallerico NOES: None ABSENT: None The motion was approved. There is a 10-day appeal period. Appeals are to be filed by 5:30 p.m. on Monday, September 25, 2023. CONSENT CALENDAR 1. Minutes of the August 22, 2023, Regular Meeting of the Planning Commission Recommended: Approve Commissioner Arvizu made a motion to approve the minutes and seconded by Commissioner Hui. ROLL CALL AYES: Chair Tsoi, Vice Chair Wilander, Arvizu, and Hui NOES: None ABSENT: None Commissioner Tallerico abstained since he was not present at the August 22, 2023, meeting. The motion was approved. MATTERS FROM CITY COUNCIL LIAISON Dr. Cao reported that there will be a reception for the City Council reorganization on September 19 and the City Council reorganization meeting will follow at 7:00 p.m. MATTERS FROM THE PLANNING COMMISSONERS Vice Chair Wilander reported the League of Women Voters will be hosting an ice cream social to raise funds on Sunday, October 15. 129 5 9/12/23 Commissioner Tallerico asked for a summary of the Mayor’s Breakfast. Dr. Cao and Vice Chair Wilander listed some of the highlights of the event. MATTERS FROM ASSISTANT CITY ATTORNEY Assistant City Attorney Yeo had nothing to report. MATTERS FROM STAFF INCLUDING UPCOMING AGENDA ITEMS Ms. Flores reported that there will not be a Planning Commission meeting on September 26 and there will be two items for the October 10 meeting. Ms. Flores reported the Derby Mixed-Use project will be tentatively scheduled for a meeting in November. The Text Amendment for artificial turf will be going to the City Council on October 2. Planning Services is hosting an Environmental Justice Virtual meeting for the public on October 11. ADJOURNMENT The Planning Commission adjourned the meeting at 7:28 p.m., to Tuesday, September 26, 2023, at 7:00 p.m. in the City Council Chamber. Chair Tsoi, Planning Commission ATTEST: Lisa L. Flores Secretary, Planning Commission 130