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HomeMy WebLinkAbout7532RESOLUTION NO. 7532 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING MINOR USE PERMIT NO. MUP 22-02, ARCHITECTURAL DESIGN REVIEW NO. ADR 22-06, ANDDENSITY BONUS AND A LOT LINE ADJUSTMENT ALONG WITH AN ENVIRONMENTAL IMPACT REPORT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ("CEQA") FOR THE "DERBY MIXED- USE DEVELOPMENT" LOCATED AT 233 & 301 E. HUNTINGTON DRIVE WHEREAS, on April 15, 2022, applications were filed with the City of Arcadia ("City") for General Plan Amendment No. GPA 22-01, Zone Change No. ZC 22-01, Minor Use Permit No. MUP 22-02, Architectural Design Review No. ADR 22-06, along with a Lot Line Adjustment (filed on August 11, 2022), to construct "The Derby Mixed -Use Project" a new mixed-use development at 233 & 301 East Huntington Drive. The project includes a density bonus and will result in a six -story mixed-use building containing 214 residential units, including nine (9) affordable units (collectively, the "Project"); and WHEREAS, a Final Environmental Impact Report ("EIR") has been prepared by the City for the Project. This Final EIR has been prepared in conformance with the California Environmental Quality Act of 1970 ("CEQA") statutes (Cal. Pub. Res. Code, Section 21000 et. seq., as amended) and implementing guidelines (Cal. Code Regs., Title 14, Section 15000 et. seq.); and WHEREAS, in accordance with the CEQA Guidelines, a Notice of Preparation ("NOP") was circulated for a 30 -day public review starting on October 14, 2022, to public agencies, organizations, and interested individuals; and WHEREAS, on October 26, 2022, an in-person scoping meeting was held. The purpose of this meeting was to seek input from public agencies and the general public regarding the potential environmental impacts of the proposed Project. The City received 1 no comments/questions with environmental concerns during the scoping meeting but eight (8) individuals requested to be placed on a mailing list for further information; and WHEREAS, a Draft EIR was made available for public review and comment pursuant to CEQA Guidelines Section 15087. The 45 -day public review period for the Draft EIR started on August 4, 2023, and ended on September 19, 2023. At the beginning of the public review period, an electronic copy of the Draft EIR and an electronic copy of the Notice of Completion ("NOC") and Notice of Availability ("NOK) were submitted to the State Clearinghouse and Los Angeles Recorders Office. The 45 -day public review period provided interested public agencies, groups, and individuals the opportunity to comment on the contents of the Draft EIR. A total of three agency, organization, and individual comment letters were received and are included in Chapter 2, Responses to Comments, of this Final EIR; and WHEREAS, the Final EIR addresses the comments received during the public review period and includes minor changes to the text of the Draft EIR in accordance with comments; and WHEREAS, pursuant to CEQA Guidelines Section 15091, the City Council shall make findings for each of the significant effects identified in the EIR and shall support the findings with substantial evidence in the record. After considering the Final EIR in conjunction with making findings under Section 15091, the City may decide whether or how to approve or carry out the Project. When a lead agency approves a project that will result in the occurrence of significant effects that are identified in the Final EIR but are not avoided or substantially lessened, the agency is required by CEQA to state in writing the specific reasons to support its action based on the Final EIR and/or other information in E the record. Because the Project would not result in significant and unavoidable impacts, a "statement of overriding considerations" is not required to be prepared. The Final EIR identified potentially significant effects that could result from the Project but can be mitigated through mitigation measures; and WHEREAS, on May 10, 2022, a duly noticed public hearing was held before the Planning Commission on said applications, at which time all interested persons were given full opportunity to be heard and to present evidence; and WHEREAS, the Planning Commission reviewed the Final Environmental Impact Report (SCH #2022100298) consisting of the Draft EIR and responses to comments and errata have been prepared pursuant to California Environmental Quality Act (CEQA; Public Resources Code Section 21000 et seq.) and recommended with a 5-0 vote that the City Council adopt the CEQA findings of fact and the mitigation monitoring and reporting program, and certify the Final EIR for the Alexan Arcadia Mixed -Use Development, and approve the Project with conditions and mitigation measures; and WHEREAS, on December 19, 2023, a duly noticed public hearing was held before the City Council on said applications, at which time all interested persons were given a full opportunity to be heard and to present evidence. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, HEREBY RESOLVES AS FOLLOWS: SECTION 1. The factual data submitted by the Development Services Department in the staff report dated December 19, 2023, are true and correct. SECTION 2. This City Council finds that based upon the entire record, pursuant to the Arcadia Development Code all the following findings can be made. 3 General Plan Amendment 1. The amendment is internally consistent with all other provisions of the General Plan. FACT: The proposed Amendment is internally consistent with the other provisions of the General Plan. The Project proposed to change the General Plan Land Use Designation from "Commercial" to "Downtown Mixed Use." The expansion of the Downtown Mixed -Use designation onto the Project site allows for development of a mixed-use project in furtherance of the goals and polices found in the Land Use & Community Design Element that promotes new infill and redevelopment of projects and developments that support transit and other alternative forms of transportation, and, most importantly, the Housing Element that provide suitable sites for housing development to accommodate a range of housing for residential use that meet the City's State -mandated Regional Housing and Needs Assessment ("RHNA") growth needs for all income levels. The City's Housing Element requires that the City meet the State - mandated Regional Housing Needs Allocation. Mixed-use development in what was formerly commercial areas is an effective and beneficial way to do so. The City is planning a major General Plan update that would change this very property, in addition to all surrounding properties, to Downtown Mixed Use. This proposal is simply arriving before such larger effort of the City. The proposed change will allow the property owner to merge two properties into one parcel to accommodate a larger mixed-use project that is more appropriate for this site. The revised Project continues to implement the General Plan's policies and goals for an orderly development that is supported by public infrastructure and services. The proposed development meets all applicable 4 development standards, including not exceeding the height that is allowed through the Height Overlay of H7 (75 feet in height). 2. The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or general welfare of the City. FACT: The proposed Amendment is consistent with a City -sponsored amendment that is currently in process that will modify this area to Downtown Mixed Use. To review the specific impacts of this proposed project, however, an Environmental Impact Report was submitted that analyzed all the potential impacts, and the anticipated impacts from the amended project are less than significant or can be reduced to less than significant levels with the implementation of mitigation measures. Therefore, the General Plan Amendment would not be detrimental to the public interest, health, safety, convenience, or general welfare. Further, the mixed-use project will provide a superior development to this site and add to the vitality of the area. Zone Change 1. The proposed amendment is in conformance with the goals, policies, and objectives of the General Plan. FACT: The proposed Zone Change for the Project is in conformance with the goals, policies and objectives of the General Plan. The Zone Change proposed to change the current General Commercial Zoning to Downtown Mixed Use, which allows residential development on the site in an urban, mixed-use format. The change in zoning to Downtown Mixed -Use allows for development of a mixed-use project in furtherance of the goals and polices found in the Land Use & Community Design Element, the Economic Development Element, the Circulation and Infrastructure Element and, most y importantly, the Housing Element of the General Plan. The City's Housing Element requires that the City meet the State -mandated Regional Housing Needs Allocation. Mixed-use development in what was formerly commercial areas is an effective and beneficial way to do so. The City is planning a major Zoning Map update that would change the zoning of this very property, in addition to all surrounding properties, to Downtown Mixed Use. This proposal is simply arriving before the City's larger effort. The proposed change will allow the property owner to merge two properties into one parcel to accommodate a larger mixed-use project that is more appropriate for this site. The revised Project continues to implement the General Plan's policies and goals for an orderly development that is supported by public infrastructure and services. The proposed development meets all applicable development standards, including not exceeding the height that is allowed through the Height Overlay of H7 (75 feet in height). 2. The site is physically suitable (including absence of physical constraints, access, compatibility with adjoining land uses, and provision of utilities) for the requested/anticipated land uses/developments. FACT: When joined together through the associated lot line adjustment, the resulting property is 2.23 acres in size. As such, the site is physically suitable for the proposed Project in terms of land use, height, access and egress, parking, and the provision of utilities. There are no physical constraints, and the proposed use and development is compatible with adjoining land uses in that this area will add more commercial uses, including a larger restaurant on the ground floor and add vitality to this part of the commercial corridor. The Environmental Impact Report submitted along with the Project reviewed all of the site logistics and utility provision challenges inherent N in the area. Through mitigations and conditions approval, there are no deficiencies, and the site is suitable for the change in zoning. 3. The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or general welfare of the City. FACT: The proposed Zone Change is consistent with a City -sponsored zoning change that is currently in development that will modify this area to Downtown Mixed Use. To review the specific impacts of this proposed Project, however, an Environmental Impact Report was submitted that analyzed all the potential impacts, and the anticipated impacts from the Project are less than significant or can be reduced to less than significant levels with the implementation of mitigation measures to traffic, noise, air quality, geology, hazards, and utilities and service systems. Therefore, the Zone Change would not be detrimental to the public interest, health, safety, convenience, or general welfare of adjacent uses in the vicinity and of this property. Further, the mixed-use project will provide a superior development to this site and add to the vitality of the area. Minor Use Permits 1. The proposed use is consistent with the General Plan and any applicable specific plan. FACT: Approval of the proposed mixed-use project would be consistent with the new General Plan Land Use Designation of Downtown Mixed Use, along with a permitted density bonus. The base density and commercial floor area allowed is 80 units per acre and a commercial floor area ratio of 1.0. With the permitted 20% density bonus, up to 96 dwelling units an acre are allowed. The Project proposes a density of 9 dwelling units per acre and a commercial FAR of 0.18, meeting the land use designation and zoning 7 for the site. This land use designation allows mixed-use developments and strongly encourages a pedestrian -oriented environment with a complementary mix of commercial and residential uses. The residential units will provide vitality and an urban effect to the area, and the proposed restaurants will help generate increased activity along Huntington Drive and will continue to convey a commercial appearance along the street. Valet parking and outdoor dining are expected and encouraged in such a setting. Therefore, the proposed mixed-use development will not adversely affect the comprehensive General Plan and is consistent with the following General Plan goals and policies: Land Use and Community Design Element • Policy LU -1.1: Promote new infill and redevelopment projects that are consistent with the City's land use and compatible with surrounding existing uses. • Policy LU -1.8: Encourage development types that support transit and other alternative forms of transportation, including bicycling and walking. • Policy LU -4.2: Encourage residential development that enhances the visual character, quality, and uniqueness of the City's neighborhoods and districts. • Policy LU -4.3: Require the provision of adequate private and common open space for residential units. Require sufficient on-site recreational facilities to meet the daily needs of residents, if possible, commensurate with the size of the development. • Policy LU -6.4: Encourage design approaches that create a cohesive, vibrant look and that minimize the appearance of expansive parking lots on major commercial corridors for new or redeveloped uses. • Policy LU -6.5: Where mixed use is permitted, promote commercial uses that are complementary to adjacent residential uses. 2. The proposed use is allowed within the applicable zone, subject to the granting of a Minor Use Permit, and complies with all other applicable provisions of this Development Code and the Municipal Code. FACT: The subject site will be zoned Downtown Mixed Use ("DMU"), which allows for mixed-use developments subject to the approval of a Minor Use Permit ("MUP"). The proposed Project complies with all the development standards of the DMU Zone, including but not limited to setbacks, height, open space, density, parking, The Project provides the requisite number of low or very low-income units to qualify for a density bonus AND relaxation of parking requirements per density bonus law under SB 1818. As such, the Project meets the Municipal Code requirements as well as State law. 3. 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 subject site is 2.33 acres in size and is located in the Downtown Mixed Use ("DMU") Zone. The site is surrounded by commercial uses consisting of the Hampton Inn and Embassy Suites hotels, as well as commercial centers to the east and south of the property. All these properties are currently Zoned Commercial. However, as has been stated, the City is currently working on a major rezoning and General Plan land use designation effort which will change this property and all surrounding properties to the very zoning and land use being proposed. As such, this Project embodies what the goals of the DMU Zone are, with a mix of residential and commercial uses. Therefore, the development and operation of the mixed-use development will be compatible with the existing and future land uses in the vicinity. 4. 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, and all fences, landscaping, loading, parking, spaces, walls, yards, and other features required to adjust the use with the land and uses in the neighborhood. E FACT: The Project site is 2.33 acres in size and can physically accommodate the proposed mixed-use development. The residential component of the Project will provide a density of approximately 96 units per acre, which is in compliance with the maximum density for the area due to the density bonus permitted as a result of the affordable housing units being provided. The commercial component of the Project will have a floor area ratio ("FAR") of 0.18, which is below the maximum allowable FAR of 1.0. Additionally, the amount of on-site parking that will be provided for this Project meets and exceeds the minimum required by State law for projects providing affordable housing units that are in close proximity to the Foothill Gold Line (Metro A Line) Station. Finally, to accommodate increased traffic and turning motions necessitated by the Project, the left turn pocket on Huntington/Gateway will be extended to allow for additional queuing. b. Streets and highways adequate in width and pavement type to accommodate public and emergency vehicle (e.g., fire and medical) access. FACT: The Project site is located on the north side of Huntington Drive and the west side of Gateway Drive. These streets are adequate in width and pavement type to carry emergency vehicles and traffic generated by the proposed use on the site. C. Public protection services (e.g., fire protection, police protection, etc.). FACT: The Fire and Police Departments have reviewed the application and determined that, which the addition of the newly created Fire Impact Fee, there will be no impacts to public protection services. The need for new or altered Fire or Police services is usually associated with substantial population growth. Recognizing this, in advance of changes in zoning and development type in the Downtown Mixed Use Zone, the Fire Department recently added an impact fee to plan for future growth. With the 10 payment of this fair share fee by the Applicant, no impacts to public protection services are anticipated. Development of Downtown Arcadia has been anticipated and planned for since the General Plan was updated in 2010. Mixed-use developments and residential units have been expected since that time on the part of public protection services and, as mentioned, the City is working on a major zone change for a large portion of this area to a similar land use type. The new Fire Department fee will account for this project's fair share of new demand for fire services. d. The provision of utilities (e.g., potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.). FACT: As part of the development, new utility connections, including connections for potable water and storm drainage, will be required. Implementation of best management practices by the Applicant during construction and operation would ensure impacts to water quality do not occur. The site can be adequately served by all required utilities through interconnection with existing utilities within City right-of-way abutting the site. The Project will require a fair -share payment for upsizing of a sewer line, which is anticipated to be built by the City. 5. The measure of site suitability shall be required to ensure that the type, density, and intensity of use being proposed will not adversely affect the public convenience, health, interest, safety, or general welfare, constitute a nuisance, or be materially injurious to the improvements, persons, property, or uses in the vicinity and zone in which the property is located. FACT: The proposed mixed-use development is not anticipated to have adverse effects on the public health or welfare, or the surrounding neighborhood. The Project will 11 be compatible with the surrounding uses in the general area. Additionally, the Environmental Impact Report prepared for the Project assessed all the potential impacts from the Project and it was determined that there would be no significant impacts to traffic, noise, air quality, or water quality. Therefore, the proposed use will not adversely affect the public convenience, health, interest, safety or general welfare of adjacent uses in the vicinity and zone of the subject property. Densitv Bonus 1. The Project will be consistent with the General Plan;,except as provided by this section with regard to maximum density, density bonuses, and other incentives and concessions. FACT: The Project is consistent with the Downtown Mixed Use land use designation in the General Plan, as well as the zoning requirements of the DMU Zone. The Project meets the following policies of the General Plan Land Use Element: LU -1.1, LU -1.8, LU -4.2, LU 4.3, LU -6.4, and LU -6.5. With the application of the permitted density bonus, the Project is allowed up to 96 dwelling units an acre, which is what is being processed through the addition of low-income housing units. 2. The approved number of dwellings can be accommodated by existing and planned infrastructure capacities. FACT: The Project proposes 214 dwelling units, which includes nine affordable units for seniors. All relevant utility providers and service providers reviewed the proposed Project and have declared that the Project can be served with existing and/or planned infrastructure. The Arcadia General Plan has anticipated mixed-use development in Downtown Arcadia since 2010. The infrastructure has been reviewed and analyzed with 12 this in mind and the Project can be accommodated. Additionally, the City is planning a major rezoning effort which will include this Project and surrounding properties. 3. Adequate evidence exists to indicate the Project will provide affordable housing in a manner consistent with the purpose and intent of this Section. FACT: The Applicant had been conditioned to provide a Density Bonus Housing Agreement which specifies that nine units will be provided for very low-income senior residents. This document must be recorded prior to the issuance of a Certificate of Occupancy for the Project and shall run with the property. This will provide the necessary surety that these units will remain affordable over time. 4. In the event that the City does not grant at least one financial concession or incentive as defined in Government Code Section 65915 in addition to the density bonus, that additional concessions or incentives are not necessary to ensure affordable housing costs as defined in Health and Safety Code Section 50052.5, or for rents for the targeted units to be set as specified in Government Code 65915(C.). FACT: The Project is proposing a density bonus of 20% based on the provision of 5% affordable units at the very low-income level, which is allowable per State law. In addition, the Project is utilizing the parking relaxation requirements allowed due to the provision of affordable housing and proximity to transit. The Project is also being granted a concession for Development Code standards related to the dimensions of parking spaces and aisle width. As such, the Project can meet all other zoning requirements and standards and no additional concessions or incentives are necessary to meet the targeted affordability 13 5. There are sufficient provisions to guarantee that the units will remain affordable for the required time period. FACT: The Applicant has been conditioned to submit a draft Density Bonus Housing Agreement which will be finalized and agreed to by both parties prior to recordation. The document will be required to be recorded prior to the issuance of a Certificate of Occupancy for the Project and will remain in effect for at least 55 years in order to comply with the required time period. Architectural Design Review The Project will be consistent with the objectives and standards of the applicable Design Guidelines. The Project will be compatible in terms of scale and aesthetic design with surrounding properties and developments since the adjacent properties also have a height overlay to allow taller building's and the new Derby restaurant has been designed to maintain the low -slung craftsman -influenced character and scale of the existing building as well as other distinctive interior and exterior elements such as the gable roof and stained-glass windows. The Project will have an adequate and efficient site layout in terms of access, vehicular circulation, parking and landscaping. The Project will also have valet service that will be reserved for the restaurant/cafes and residential visitors. Therefore, the Project meets the intent of the Site Plan & Design Review findings. SECTION 3. For the foregoing reasons, the City Council has certified the Final EIR in accordance with CEQA under Resolution No. 7530, and determines the findings can be made to approve, and does hereby approve, General Plan Amendment No. GPA 14 22-01, Zone Change No. ZC 22-10, Minor Use Permit No. MUP 22-02, and Architectural Design Review No. ADR 22-06, along with a density bonus and lot line adjustment, for construction of a new mixed -.use development at 233 & 301 E. Huntington Drive, subject to the conditions of approval and mitigation measures attached hereto as Exhibit "A". SECTION 4. The City Clerk shall certify as to the adoption of this Resolution. [SIGNATURES ON THE NEXT PAGE] 15 Passed, approved and adopted this 19th day of December, 2023. ATTEST: City Clerk APPROVED AS TO FORM: Michael J. Maurer City Attorney 16 May of the City of Arcadia STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS: CITY OF ARCADIA ) I, GENE GLASCO, City Clerk of the City of Arcadia, hereby certifies that the foregoing Resolution No. 7532 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 19th day of December, 2023 and that said Resolution was adopted by the following vote, to wit: AYES: Cheng, Kwan, Wang, Cao, and Verlato NOES: None ABSENT: None 17 City Clerk of the City of Arcadia EXHIBIT "A" Conditions of Approval and Mitigation Measures The Applicant/Property Owner shall provide a Density Bonus Housing Agreement that will ensure that at least nine units are reserved on site as housing for very low- income senior residents. The Density Bonus Housing Agreement must be recorded in the Office of the Los Angeles Recorder's office prior to the issuance of a Certificate of Occupancy for the Project. Prior to their recordation, the Applicant/Owner shall submit the agreement to the City for review and approval by the City and shall obtain the City Attorney's approval thereof. For this purpose, the Applicant/Owner shall submit to the City with the proposed Agreement a deposit of $5,000 for purposes of such review, of which any funds remaining after review of the Agreement by the City shall be returned to the Applicant/Owner. 2. A comprehensive landscaping plan, consistent with the conceptual landscape plan approved as part of the Project, prepared by a licensed landscape architect must be submitted as part of building plan check and subject to the approval of the Deputy Development Services Directory or designee. 3. The existing Derby signage is to be refurbished and maintained in accordance with the approved plans. 4. A lot line adjustment must be approved and recorded with LA County prior to the issuance of building permits. 5. The Project shall comply with the latest adopted edition of the following codes as applicable: a. California Building Code b. California Electrical Code c. California Mechanical Code d. California Plumbing Code e. California Energy Code f. California Fire Code g. California Green Building Standards Code h. California Existing Building Code i. Arcadia Municipal Code 6. The Project shall comply with Chapter 35A Multiple Family Construction Standards as amended in Arcadia Municipal Code Section 8130.20. 7. Prior to the approval of the building plans the Applicant/property owner shall prepare public street improvement plans as follows: ii RI a. Prepare separate Street Improvement Plan(s) for Huntington Drive & Gateway Drive along all property frontages form property line to property line to accommodate the changes to the parkway and street, including all removals, reconstruction, relocations, and news -rack removal (Huntington Drive) in the public right-of-way. b. Included on the Street Improvement Plans will be removal of the eastbound and southbound raised medians at the intersection of Huntington Drive & Gateway Drive to create longer left -turn pockets for vehicles entering and exiting the site. c. Striping plans for the Huntington Drive & Gateway Drive intersection will be required with minimum widths of 10 feet for the left -turn pockets and a minimum of 12 feet through/right turn lane next to the curb (Gateway Drive). 8. Prior to approval of the building plans the Applicant/property owner shall submit LID, Hydrology, and Soils Reports for review and approval. 9. Prior to approval of the building plans the Applicant/property owner shall either construct or post security for all public improvements as follows: a. Remove and replace existing sidewalk, curb and gutter along all property frontages from property line to property line to the satisfaction of the City Engineer. Include additional sidewalk to provide adequate clearance around all obstacles. b. Remove and replace all driveway approaches per City standard plan. c. Construct new ADA accessible ramps/domes at driveways where stop signs are proposed. d. Coordinate with Public Works Services on protection of street trees along Huntington Drive and Gateway Drive including the installation of any new street trees. e. Remove and replace the pavement in Gateway Drive adjacent to the development's entire frontage from gutter to gutter per approved street improvement plan. f. Remove raised center medians on Huntington Drive and Gateway Drive and planter area on Huntington Drive with full depth pavement section matching existing thickness per approved street improvement plan. g. Because Huntington Drive is currently under Moratorium, if project is completed prior to September 22, 2026, grind and overlay the pavement in Huntington Drive with extra limits of pavement repair adjacent to the development for the entire frontage from gutter to the centerline of the street or curb of raised median. h. Restripe Huntington Drive & Gateway Drive per approved striping plan. 10. Prior to final occupancy an additional 1 -foot minimum easement shall be required on Gateway Drive to accommodate a full 10 -foot parkway for sidewalk and utility 1iP-7 purposes providing 4foot wide ADA access/path of travel around all obstructions and driveways. 11. Prior to final occupancy, a plan for the proposed regulations of parking along the Huntington Drive curb in front of the Project shall be submitted to the City Engineer for review and approval. This area is not to be reserved for short-term parking but rather will be designated by the City Engineer. 12. Street trees shall be preserved as per the Arborist Report dated June, 2023. Any removal and replacement of street trees shall be coordinated with the Public Works Services Department and the appropriate fees shall be paid prior to the issuance of a Certificate of Occupancy. All trees remaining on site during and after construction shall be protected utilizing the recommendations provided in the Arborist report. 13. The Project is subject to Industrial Waste requirements. This will be reviewed through the submittal of plumbing plans. Grease Interceptors are required for all restaurants. 14. A 12" cast iron water main with 59 psi static pressure is available on the south side of Huntington Dr, and a 12" cast iron water main with 60 psi static pressure is available on Gateway Dr. Both mains are available for domestic water and/or fire services. The Applicant/Property Owner shall provide calculations prepared by a licensed Civil or Mechanical Engineer to determine the maximum domestic demand, maximum commercial demand, and maximum fire demand in order to verify the required sizes of water services. 15. The Applicant/Property Owner shall provide separate water services and meters for residential, commercial, and common area landscape irrigation uses. All water services will require approved reduced pressure backflow devices for meter services protection. 16. Domestic water service for residential dwelling units shall be provided by a common master meter installed within the public right-of-way. 17. Fire protection requirements shall be as stipulated by the Arcadia Fire Department and shall be conformed to Arcadia Standard Plan. A separate fire service with Double Check Detector Assembly ("DCDA") shall be installed. Location of DCDA shall be closed to the public right of way and can't be inside the building. 18. A Water Meter Clearance Application shall be submitted to the Public Works Services Department prior to permit issuance. 19. New water service installations shall be installed by the Applicant/Property Owner. Installation shall be according to the specifications of the Public Works Services Department, Engineering Division. Abandonment of existing water services, if necessary, shall be carried out by the Applicant/Property Owner, according to Public Works Services Department, Engineering Division specifications. 20. Several City sewer lines are in the Project vicinity as provided below, the Applicant/Property Owner shall utilize existing sewer laterals, if possible. a. An 8" VCP sewer main is available on Huntington Dr. b. An 8" VCP sewer main is available at the site, which leads to Huntington Dr. c. An 8" VCP sewer main is available on Gateway Dr. 21. Prior to a Certificate of Occupancy being issued for the Project, the Applicant/Property Owner shall make a fair share contribution to a sewer upgrade project in Fifth Avenue. This fair share payment is memorialized as Mitigation Measure UTL-1. 22. If the proposed underground parking structure and/or any part of the building footprint lies within five feet of the existing 8" on-site sewer line, the Applicant/Property Owner shall remove or abandon the entire -200' long line. Access to the upstream manhole on that line shall be maintained if the line has not been removed or abandoned. 23. If any drainage fixture elevation on any floor is lower than the elevation of the next upstream manhole cover, an approved type of backwater valve is required to be installed on the lateral behind the property line. 24. Since the proposed project exceeds one acre of disturbed land, applicant must file a Notice of Intent (NOI) with the State Water Resources Control Board for a General Construction NPDES Permit. The NOI will require certain items such as preparation of the Stormwater Pollution Prevention Plan (SWPP), applicable fees, etc. The City will not approve any grading plans until a Waste Discharger Identification ("WDID") Number# has been issued by the State. 25. The proposed project is subject to low impact development (LID) requirements. Applicant/Property Owner shall integrate low impact development ("LID") strategies into the site design. These strategies include using infiltration trenches, bioretention planter boxes, roof drains connected to a landscaped area, pervious concrete/paver, etc. 26. Trash/recycling bins shall be configured to provide easy access for trash collection services. There should be one foot clearance around the trash bins/recycling bins and all bins/carts shall meet the specifications of the Public Works Services Department. At a minimum, trash enclosure areas should accommodate three containers: a 3 -yard bin for trash, 3 -yard bin for recycling, and 69/96 gallon sized 21 carts for organics recycling. Roof clearance must be 10 feet so trucks can access bins to empty. 27. All areas shall be fire sprinklered. The sprinkler systems serving commercial areas and residential areas shall be segregated. 28. The fire sprinkler system shall be monitored by a UL listed central station. Notification appliances shall be provided in all common areas and residential areas. 29. Class I standpipes shall be provided inside all stairwells on all levels including the roof. 30. New hydrants shall be provided at the following street frontage locations: a. One on the west side of Gateway Drive, towards the north of property b. One on the north side of Huntington Drive, towards the west of property 31. An Emergency Responder Radio Coverage System shall be provided. 32. A knox box shall be provided adjacent to the Lobby area and outside stairwells. Any automatic gates used in parking areas shall be equipped with a knox switch. 33. The emergency gate serving the north side of the property currently acts as a drive through for ladder truck access. The proposed layout will eliminate that access. An approved alternative method of ladder truck turn -around shall be provided to Arcadia Fire Department for review prior to any permit issuance. 34. The Project is responsible for contributing a fair -share payment toward the installation of a cloud -based mitigation system being completed by the Fire Department to ensure response times are maintained or enhanced given new development. This fair -share payment shall be attributed to the seven (7) immediately adjacent intersections evaluated in the traffic study for the Project, and the payment shall not exceed $17,500. 35. 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 General Plan Amendment No. GPA 22-01, Zone Change No. ZC 22-01, Minor Use Permit No. MUP 22-02, Architectural Design Review No. ADR 22-06, subject to the satisfaction of the Development Services Director or their designee. Noncompliance with the plans, provisions and conditions of approval shall be grounds for immediate suspension or revocation of any approvals. 36. The Applicant/Property Owner shall be responsible for the repair of all damage to public improvements in the public right-of-way resulting from construction related activities, including, but not limited to, the movement and/or delivery of equipment, 22 materials, and soils to and/or from the site. This shall be determined by the City Engineer and/or Public Works Services Director during construction and up until issuance of a Certificate of Occupancy. 37. Prior to issuance of a building permit, the Applicant/Property Owner shall submit a parking management plan which shall include both a detailed valet parking plan for the Project as well as a parking staging plan for all phases of construction so as to minimize impacts on surrounding businesses and street parking. Said plan shall be subject to review and approval by the Deputy Development Services Director, or their designee. 38. Per the recommendations of the Parking Management and Valet Parking Analysis, space counters shall be installed for self -park spaces and dynamic parking displays shall be placed at the Gateway Drive garage driveway entrance indicating the number of self -park spaces occupied and available within the garage. These parking displays shall also be visible from Huntington Drive. All self -park spaces shall be clearly marked. 39. A detailed parking signage plan shall be provided along with Building Permit plans that meets the recommendations of the Derby Parking Management/Valet Operations Analysis dated July, 2023. Signage shall include directional signage for both valet and self -park users, as well as directional signage in both the courtyard area and parking structure to avoid confusion. 40. All City requirements regarding disabled access and facilities, occupancy limits, building safety, health code compliance, emergency equipment, environmental regulation compliance, and parking and site design shall be complied with to the satisfaction of the Building Official, City Engineer, Development Services Director, Fire Marshal, and Public Works Services Director. Any changes to the existing facility may be subject to having fully detailed plans submitted for plan check review and approval by the aforementioned City officials and employees and may subject to separate building permits. 41. 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 GPA 22-01, ZC 22-01, MUP 22-02, ADR 22-06, a Density Bonus and Lot Line Adjustment ("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 23 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. Mitigation Measures as Conditions of Approval The following conditions are found in the Mitigation Monitoring and Reporting Program ("MMRP'). They are recorded here to facilitate review and implementation. More information on the timing and responsible parties for these mitigation measures is detailed in the MMRP. 42. MM -CUL -1. Prior to commencement of construction activities, an inadvertent discovery clause, written by an archaeologist, shall be added to all construction plans associated with ground disturbing activities and the Project Applicant shall retain a qualified archaeologist, meeting the Secretary of the Interior's Professional Qualification Standards for Archaeology, to prepare a Worker Environmental Awareness Program ("WEAP"). The WEAP shall be submitted to the City of Arcadia Development Services Department (City) for review and approval. All construction personnel and monitors shall be presented the WEAP training prior to the start of construction activities. The WEAP shall be prepared to inform all personnel working on the Project about the archaeological sensitivity of the area, to provide specific details on the kinds of archaeological materials that may be 24 identified during construction, to explain the importance of and legal basis for the protection of significant archaeological resources, and to outline the actions to be taken in the event of a discovery of cultural resources. Each worker shall also learn the proper procedures to follow in the event that cultural resources or human remains are uncovered during ground -disturbing activities. These procedures include work curtailment or redirection, and the immediate contact of the site supervisor and archaeological monitor. The WEAP shall require that a qualified archaeologist be retained and on-call to respond to and address any inadvertent discoveries identified during initial excavation in native soils, which underly the 2-4 feet below ground surface of artificial fill soils. As it pertains to archaeological monitoring, this definition excludes movement of sediments after they have been initially disturbed or displaced by project -related construction. If potential archaeological resources (i.e., sites, features, or artifacts) are exposed during construction activities for the Project, the City shall be notified and all construction work occurring within 50 feet of the find shall immediately stop until a qualified archaeologist can evaluate the significance of the find and determine whether or not additional study is warranted. The archaeologist shall be empowered to temporarily stop or redirect grading activities to allow removal of abundant or large artifacts. Depending upon the significance of the find under the California Environmental Quality Act ("CEQA") (14 CCR 15064.5[fj; PRC, Section 21082), the archaeologist may simply record the find and allow work to continue. If the discovery proves significant under CEQA, additional work, such as preparation of an archaeological treatment plan and data recovery, may be warranted. The archaeologist shall also be required to curate any discovered specimens in a repository with permanent retrievable storage and submit a written report to the City of Arcadia for review and approval prior to occupancy of the first building on the site. Once approved, the final report shall be filed with the South - Central Coastal Information Center ("SCCIC"). 43. MM-GEO-1. In the event that paleontological resources (e.g., fossils) are exposed during construction activities for the Project, all construction work occurring within 50 feet of the find shall immediately stop until a Qualified Paleontologist meeting Society of Vertebrate Paleontology (SVP 2010) standards can evaluate the significance of the find and determine whether or not additional study is warranted. If the discovery is clearly not significant, the paleontologist may document the find and allow work to continue. If significant paleontological resources are discovered during earthmoving activities, the qualified paleontologist shall prepare and submit a Paleontological Resources Recovery Plan ("PRRP") to the City for review and approval. The recovery plan shall include, but is not limited to, sampling and fossil recovery procedures, museum curation for any scientifically significant specimen recovered, and a report of findings. Recommendations in the PRRP as approved by the City shall be implemented before construction activities can resume at the site where the significant paleontological resources were discovered. Any reports and plans resulting from implementation of this measure shall be submitted to City 25 Planning Division and filed with the Natural History Museum of Los Angeles County. 44. MM-HAZ-1. Hazardous Building Materials Survey. Prior to the issuance of a demolition permit for any existing on-site structures, a qualified environmental specialist shall conduct a survey for asbestos -containing materials, lead-based paint, polychlorinated biphenyls, mercury, and other hazardous building materials, such as universal wastes and refrigerants, to document the presence of any potentially hazardous materials within the structures. If survey results are positive, all potentially hazardous materials identified as part of this survey shall be handled and disposed in accordance with the federal and state hazardous waste and universal waste regulations. Demolition plans and contract specifications shall incorporate any necessary abatement measures in compliance with the findings of the hazardous building materials survey and federal, state, and local regulations, including those of the U.S. Environmental Protection Agency (which regulates disposal), Occupational Safety and Health Administration, California Occupational Safety and Health Administration (which regulates employee exposure), the South Coast Air Quality Management District, and the Metallic Discards Act of 1991 (Public Resources Code, Section 42160 et seq.), particularly Public Resources Code, Section 42175, Materials Requiring Special Handling, for the removal of mercury switches, PCB -containing ballasts, and refrigerants. Upon completion of construction activities, proof of proper handling and disposal shall be provided to the City's Public Works Department. 45. MM-HAZ-2. Contaminated Soil Management. Prior to the issuance of a grading permit, the Project Applicant/Property Owner shall retain a qualified environmental professional to prepare a soil management plan ("SMP") that outlines the proper screening, handling, characterization, transportation, and disposal procedures for contaminated soils on site based on the findings of the site-specific conditions, geophysical surveys, and Phase I and II Environmental Site Assessments, and shall identify any areas of known or suspected soil contamination. The SMP shall be provided to the City Development Services Department for review prior to any site grading. The Project's contractor shall ensure implementation of the SMP through the contract specifications for all confirmed and suspected contaminated soils which require excavation and offsite disposal. The SMP shall include health and safety and training procedures for construction workers who may come into contact with contaminated soils. The health and safety procedures shall include periodic breathing zone monitoring for volatile organic compounds ("VOCs") using a handheld organic vapor analyzer and include required actions to be taken if concentrations of VOCs exceed applicable screening levels for health and safety of onsite workers and the public. The SMP shall also include instructions for the identification of potentially -impacted soils, procedures for temporary cessation of construction activity and evaluation of the level of environmental concern if potentially -impacted soils or underground storage tanks are encountered, procedures for characterizing and managing potentially -impacted soils, and follow - 26 up procedures such as disposal and reporting, as necessary. Contaminated soil shall be managed and disposed of in accordance with applicable federal, state, and local regulations. Upon completion of construction activities, proof of compliance with the SMP shall be provided to the City's Development Services Department. 46. MM-NOI-1. Prior to the issuance of a demolition permit, the Project Applicant/Property Owner shall ensure that the following measures are included in the construction contractor's contract specifications and that the following measures are implemented and monitored for compliance throughout construction: a. All construction equipment must have supplier -approved sound muffling devices (e.g., engine air intake or exhaust treatment) installed and used in compliance with relevant industry standards and Cal/OSHA regulations pertaining to construction noise, which shall be properly maintained and used at all times such equipment is in operation. b. The construction contractor shall place stationary construction equipment so that emitted noise is directed away from sensitive receptors nearest the Project site, including the hotels located adjacent to the northern and northwestern boundaries of the Project site. c. The construction contractor shall locate on-site equipment staging areas so as to maximize the distance between construction -related noise sources and noise -sensitive receptors nearest the Project site during the construction period. d. All noise producing construction activities, including warming -up or servicing equipment and any preparation for construction, shall be limited to the hours between 7:00 a.m. and 6:00 p.m. on weekdays. e. An eight (8) foot tall temporary noise barrier shall be erected or installed along an extent of the northern Project site property line where it is adjacent to the nearest noise -sensitive receptor. The barrier can comprise one or more materials of construction and/or assembly, so long as the net sound transmission class ("STC") is 15 or better, and thus expected to yield a minimum of 5 dB noise reduction when blocking direct sound paths between onsite Project construction noise -producing activities or equipment and the offsite receptor of concern. The horizontal extent of the installed barrier should be compatible with Caltrans or other industry guidance with respect to minimizing flanking effects around the ends of the barrier, based on both the offsite receptor position and the onsite position or zone of construction activity. 27 47. MM -TRA -1. Prior to the issuance of a grading permit, the Project Applicant/Property Owner shall coordinate with the City Engineer to prepare engineering plans that remove and reconfigure the raised median on E. Huntington Drive to extend the eastbound left -turn pocket to at least 75 feet. Plans shall be prepared and implemented to the satisfaction of the City's Public Works Services Director and the work on E. Huntington Drive shall be completed prior to the issuance of a certificate of occupancy. 48. MM TRA 2. Prior to the issuance of a building permit, the Project Applicant/Property Owner shall prepare a Parking Signage Plan to clearly identify ingress/egress and circulation for residents and commercial visitors. The Parking Signage Plan shall require that adequate signage be installed within the commercial section of the parking structure directing personal vehicles to use the Gateway Drive egress to exit the Project site, and to prohibit egress through the Courtyard to E. Huntington Drive, in order to avoid conflicts with valet operations. 49. MM -TRA -3. Prior to the issuance of demolition or grading permits, the Project Applicant/Property Owner shall develop and implement a City -approved Construction Traffic Control Plan. The Plan shall be prepared in accordance with applicable City guidelines and shall address the potential for construction -related vehicular traffic, as well as pedestrian and bicycle circulation disruption in the public right-of-way. The Plan shall describe safe detours and shall include protocols for implementing the following: temporary traffic controls (e.g., a flag person during heavy truck traffic for soil export) to maintain smooth pedestrian and traffic flow; dedicated on-site turn lanes for construction trucks and equipment leaving the site; scheduling of peak construction truck traffic that affects traffic flow on the arterial system to off-peak hours; consolidation of truck deliveries; and/or rerouting of construction trucks away from congested streets or sensitive receptors. 50. M M -TCR -1. Retain a Native American Monitor Prior to Commencement of Ground - Disturbing Activities. The Project Applicant/lead agency shall retain a Native American Monitor from or approved by the Gabrieleno Band of Mission Indians — Kizh Nation. The monitor shall be retained prior to the commencement of any "ground -disturbing activity" for the subject project at all project locations (i.e., both on-site and any off-site locations that are included in the Project description/definition and/or required in connection with the Project, such as public improvement work). "Ground -disturbing activity" shall include, but is not limited to, demolition, pavement removal, potholing, auguring, grubbing, tree removal, boring, grading, excavation, drilling, and trenching. A copy of the executed monitoring agreement shall be submitted to the lead agency prior to the earlier of the commencement of any ground -disturbing activity, or the issuance of any permit necessary to commence a ground -disturbing activity. W. The monitor will complete daily monitoring logs that will provide descriptions of the relevant ground -disturbing activities, the type of construction activities performed, locations of ground -disturbing activities, soil types, cultural -related materials, and any other facts, conditions, materials, or discoveries of significance to the Tribe. Monitor logs will identify and describe any discovered tribal cultural resources (TCRs), including but not limited to, Native American cultural and historical artifacts, remains, places of significance, etc., as well as any discovered Native American (ancestral) human remains and burial goods. Copies of monitor logs will be provided to the Project Applicant/lead agency upon written request to the Tribe. On-site tribal monitoring shall conclude upon the latter of the following (1) written confirmation to the Kizh from a designated point of contact for the Project Applicant/lead agency that all ground -disturbing activities and phases that may involve ground -disturbing activities on the Project site or in connection with the project are complete; or (2) a determination and written notification by the Kizh to the Project Applicant/lead agency that no future, planned construction activity and/or development/construction phase at the Project site possesses the potential to impact Kizh TCRs. Upon discovery of any TCRs, all construction activities in the immediate vicinity of the discovery shall cease (i.e., not less than the surrounding 50 feet) and shall not resume until the discovered TCR has been fully assessed by the Kizh monitor and/or Kizh archaeologist. The Kizh will recover and retain all discovered TCRs in the form and/or manner the Tribe deems appropriate, in the Tribe's sole discretion, and for any purpose the Tribe deems appropriate, including for educational, cultural and/or historic purposes. 51. MM -TCR -2. Unanticipated Discovery of Human Remains and Associated Funerary Object. Native American human remains are defined in PRC 5097.98 (d)(1) as an inhumation or cremation, and in any state of decomposition or skeletal completeness. Funerary objects, called associated grave goods in Public Resources Code Section 5097.98, are also to be treated according to this statute. If Native American human remains and/or grave goods discovered or recognized on the Project site, then all construction activities shall immediately cease. Health and Safety Code Section 7050.5 dictates that any discoveries of human skeletal material shall be immediately reported to the County Coroner and all ground - disturbing activities shall immediately halt and shall remain halted until the coroner has determined the nature of the remains. If the coroner recognizes the human remains to be those of a Native American or has reason to believe they are Native American, they shall contact, by telephone within 24 hours, the Native American Heritage Commission, and Public Resources Code Section 5097.98 shall be followed. Human remains and grave/burial goods shall be treated alike per California Public Resources Code Section 5097.98(d)(1) and (2). 29 Construction activities may resume in other parts of the Project site at a minimum of 200 feet away from discovered human remains and/or burial goods, if the Kizh determines in its sole discretion that resuming construction activities at that distance is acceptable and provides the Project Manager express consent of that determination (along with any other mitigation measures the Kizh monitor and/or archaeologist deems necessary). (CEQA Guidelines Section 15064.5(f).) Preservation in place (i.e., avoidance) is the preferred manner of treatment for discovered human remains and/or burial goods. Any historic archaeological material that is not Native American in origin (non -TCR) shall be curated at a public, non-profit institution with a research interest in the materials, such as the Natural History Museum of Los Angeles County or the Fowler Museum, if such an institution agrees to accept the material. If no institution accepts the archaeological material, it shall be offered to a local school or historical society in the area for educational purposes. Any discovery of human remains/burial goods shall be kept confidential to prevent further disturbance. 52. MM -TCR -3. Procedures for Burials and Funerary Remains. If it is determined, through compliance with Public Resources Code Section 5097.98 and other applicable regulatory requirements that the Gabrieleno Band of Mission Indians - Kizh Nation is the Most Likely Descendant ("MLD"), the following shall be implemented: a. As the MLD, the Koo-nas-gna Burial Policy shall be implemented. To the Tribe, the term "human remains" encompasses more than human bones. In ancient as well as historic times, Tribal Traditions included, but were not limited to, the preparation of the soil for burial, the burial of funerary objects with the deceased, and the ceremonial burning of human remains. b. If the discovery of human remains includes four or more burials, the discovery location shall be treated as a cemetery and a separate treatment plan shall be created. c. The prepared soil and cremation soils are to be treated in the same manner as bone fragments that remain intact. Associated funerary objects are objects that, as part of the death rite or ceremony of a culture, are reasonably believed to have been placed with individual human remains either at the time of death or later; other items made exclusively for burial purposes or to contain human remains can also be considered as associated funerary objects. Cremations will either be removed in bulk or by means as necessary to ensure complete recovery of all sacred materials. 30 d. In the case where discovered human remains cannot be fully documented and recovered on the same day, the remains will be covered with muslin cloth and a steel plate that can be moved by heavy equipment placed over the excavation opening to protect the remains. If this type of steel plate is not available, a 24-hour guard should be posted outside of working hours. The Tribe will make every effort to recommend diverting the Project and keeping the remains in situ and protected. If the Project cannot be diverted, it may be determined that burials will be removed. e. In the event preservation in place is not possible despite good faith efforts by the Project Applicant/Property Owner, before ground -disturbing activities may resume on the Project site, the landowner shall arrange a designated site location within the footprint of the Project for the respectful reburial of the human remains and/or ceremonial objects. Each occurrence of human remains and associated funerary objects will be stored using opaque cloth bags. All human remains, funerary objects, sacred objects and objects of cultural patrimony will be removed to a secure container on site if possible. These items should be retained and reburied within six months of recovery. The site of reburial/repatriation shall be on the Project site but at a location agreed upon between the Tribe and the landowner at a site to be protected in perpetuity. There shall be no publicity regarding any cultural materials recovered. g. The Tribe will work closely with the Project's qualified archaeologist to ensure that the excavation is treated carefully, ethically and respectfully. If data recovery is approved by the Tribe, documentation shall be prepared and shall include (at a minimum) detailed descriptive notes and sketches. All data recovery data recovery -related forms of documentation shall be approved in advance by the Tribe. If any data recovery is performed, once complete, a final report shall be submitted to the Tribe and the NAHC. The Tribe does not authorize any scientific study or the utilization of any invasive and/or destructive diagnostics on human remains. 53. MM-UTL-1. Sewer Upgrade Fair Share Payment. Prior to issuance of a Certificate of Occupancy permit for the Project, the Applicant/Property Owner shall make a fair share contribution of nine percent (9%) of the Fifth Avenue Sewer Upgrade Project cost, not to exceed $108,000, to the City to help fund upgrading of the sewer line in Fifth Avenue. The Fifth Avenue Sewer Upgrade Project will be included in the City's 2024-25 Capital Improvement Plan budget and the work will be completed by the City's Public Works Services Department by the end of the 2024-25 Fiscal Year. This measure shall be implemented to the satisfaction of the City Engineer and/or the City Public Works Services Department as appropriate. 31