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
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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
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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.
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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]
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Passed, approved and adopted this 19th day of December, 2023.
ATTEST:
City Clerk
APPROVED AS TO FORM:
Michael J. Maurer
City Attorney
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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
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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:
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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
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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
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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,
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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
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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
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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
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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.
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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).
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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.
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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.
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