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HomeMy WebLinkAboutItem 11b - Amending Zoning Designation of Properties at 233 & 301 E. Huntington Drive DATE: January 16, 2024 TO: Honorable Mayor and City Council FROM: Jason Kruckeberg, Assistant City Manager/Development Services Director SUBJECT: ORDINANCE NO. 2398 AMENDING THE ZONING DESIGNATION OF THE PROPERTIES AT 233 & 301 E. HUNTINGTON DRIVE FROM “CG- GENERAL COMMERCIAL” TO “DMU-DOWNTOWN MIXED USE” WITH A HEIGHT OVERLAY OF H7 WITH RESPECT TO THE “DERBY MIXED- USE DEVELOPMENT” AND MAKE REVISIONS TO THE ZONING MAP TO REFLECT THE ZONE CHANGES FOR THESE PROPERTIES CEQA: Certified Environmental Impact Report Recommendation: Adopt SUMMARY At its regular meeting of December 19, 2023, the City Council held a public hearing on the Derby Mixed Use Project and approved the project unanimously. The Project included the approval of General Plan Amendment No. GPA 22-01, Zone Change No. ZC 22-01, Minor Use Permit No. MUP 22-02, and Architectural Design Review No. ADR 22-06, to construct a new mixed-use development at 233 & 301 E. Huntington Drive. The Project includes a density bonus, a lot line adjustment and will result in a six-story mixed-use building containing 214 residential units, including 9 affordable units, a rebuilt Derby restaurant, a second, smaller new restaurant space, and a new café. The existing Derby restaurant and former Souplantation restaurant will be demolished. A parking structure and valet parking lot will be constructed as part of the mixed-use project that will include 412 parking spaces for all uses on the site. The project entitlements were approved through the adoption of Resolution No. 7530, which adopted findings under the California Environmental Quality Act (“CEQA”) and certified the Environmental Impact Report for the project; Resolution No. 7531, which approved a General Plan Amendment for the subject properties; and Resolution No. 7532, which approved the project details along with conditions of approval. At the December 19, 2023, meeting, the City Council also introduced Ordinance No. 2398, which amends the zoning designation of the subject properties from CG-General Commercial to DMU-Downtown Mixed Use with a H7 Height Overlay. Ordinance No. 2398 amends the City’s Zoning Map to reflect this change and allows the proper zoning to facilitate the approved project. The Ordinance was unanimously approved by the City Council along with the rest of the land use actions, and is now returned to the City Council Adoption of Ordinance No. 2398 – ZC 22-01 January 16, 2024 Page 2 of 2 for second reading. Refer to Attachment No. 1 for the full text of the Ordinance and Attachment No. 2 for the December 19, 2023, City Council Staff Report. ENVIRONMENTAL ANALYSIS The California Environmental Quality Act (“CEQA”) determination was made at project approval by the Arcadia City Council on December 19, 2023. RECOMMENDATION It is recommended that the City Council adopt Ordinance No. 2398 amending the zoning designation of the properties at 233 & 301 E. Huntington Drive from “CG-General Commercial” to “DMU-Downtown Mixed Use” with a Height Overlay of H7 with respect to the “Derby Mixed-Use Development” and make revisions to the Zoning Map to reflect the zone changes for these properties. Attachment No. 1: Ordinance No. 2398 Attachment No. 2: December 19, 2023, City Council Staff Report (with no attachments) Attachment No. 1 Ordinance No. 2398 1 ORDINANCE NO. 2398 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING THE ZONING DESIGNATION OF THE PROPERTIES AT 233 & 301 E. HUNTINGTON DRIVE FROM “CG- GENERAL COMMERCIAL” TO “DMU-DOWNTOWN MIXED USE” WITH A HEIGHT OVERLAY OF H7 WITH RESPECT TO THE “DERBY MIXED- USE DEVELOPMENT” AND MAKE REVISIONS TO THE ZONING MAP TO REFLECT THE ZONE CHANGES FOR THESE PROPERTIES WHEREAS, the City Council is authorized by the Arcadia Municipal Code Section 9108.03 to review and approve amendments to the City’s Zoning Map and zoning designations; and WHEREAS, the Arcadia Municipal Code, Section 9108.03 provides that the amendment of a zoning designation and/or the Zoning Map shall be accomplished by ordinance; and 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, 2 Section 21000 et. seq., as amended) and implementing guidelines (Cal. Code Regs., Title 14, Section 15000 et. seq.). In accordance with the CEQA Guidelines; and WHEREAS, 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 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 (“NOA”) 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 3 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 lead agency 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 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 November 28, 2023, a duly noticed public hearing was held before the Planning Commission on said Project, at which time all interested persons were given full opportunity to be heard and to present evidence; and WHEREAS, the Planning Commission voted 5-0, to approve Planning Commission Resolution No. 2134 recommending approval of Zone Change No. ZC 22- 01 to the City Council; and, 4 WHEREAS, on December 19, 2023, a duly noticed public hearing was held before the City Council on said project, at which time all interested persons were given full opportunity to be heard and present evidence. WHEREAS, all other legal prerequisites to the adoption of this Ordinance have been fulfilled. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. That the factual data submitted by the Development Services Department in the Staff Report dated December 19, 2023, are true and correct. SECTION 2. That the City Council finds that based upon the entire record, including all written and oral evidence presented, pursuant to the Arcadia Development Code, all of the following findings can be made. 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 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. To 5 do so, 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 6 inherent 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. SECTION 3. That for the foregoing reasons, the City Council approves Zone Change No. ZC 22-01 amending the zoning designation of the properties at 233 & 301 E. Huntington Drive from “CG – General Commercial” to “DMU - Downtown Mixed Use” with a height overlay of H7 with respect to “The Derby Mixed Use Development” and make revisions to the Zoning Map to reflect the changes for these properties as shown in Exhibit “A”. This approval is a part of the entitlements that were approved under City Council Resolution Nos. 7530. 7531, and 7532 related to the Derby Mixed Use Development. 7 SECTION 4. The City Clerk shall certify as to the adoption of this Ordinance. Passed, approved and adopted this _____ day of ________________, 2024. _______________________ Mayor of City of Arcadia ATTEST: ______________________ City Clerk APPROVED AS TO FORM: ______________________ Michael J. Maurer City Attorney 19th January 8 EXHIBIT “A” Zoning Map/Zoning Designation Change Attachment No. 2 December 19, 2023, City Council Staff Report DATE: December 19, 2023 TO: Honorable Mayor and City Council FROM: Jason Kruckeberg, Assistant City Manager/Development Services Director Lisa L. Flores, Deputy Development Services Director SUBJECT: RESOLUTIONS AND ORDINANCE RELATED TO GENERAL PLAN AMENDMENT NO GPA 22-01, ZONE CHANGE 22-01, MINOR USE PERMIT NO. MUP 22-02, ARCHITECTURAL DESIGN REVIEW NO. ADR 22-06, A DENSITY 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”, WITH 214 RESIDENTIAL UNITS, INCLUDING 9 AFFORDABLE UNITS, LOCATED AT 233 & 301 E. HUNTINGTON DRIVE RESOLUTION NO. 7530 ADOPTING CEQA FINDINGS OF FACT, ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM, AND CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT FOR “THE DERBY MIXED-USE DEVELOPMENT” WITH 214 RESIDENTIAL UNITS, INCLUDING 9 AFFORDABLE UNITS, LOCATED AT 233 & 301 E. HUNTINGTON DRIVE Recommendation: Adopt RESOLUTION NO. 7531 APPROVING GENERAL PLAN AMENDMENT NO. GPA 22-02 TO AMEND THE GENERAL PLAN LAND USE DESIGNATION FOR THE PROPERTIES AT 233 & 301 E. HUNTINGTON DRIVE FROM “COMMERCIAL” TO “DOWNTOWN MIXED USE,” AND REVISE THE GENERAL PLAN LAND USE MAP TO REFLECT THE CHANGES Recommendation: Adopt RESOLUTION NO. 7532 APPROVING MINOR USE PERMIT NO. MUP 22- 02, ARCHITECTURAL DESIGN REVIEW NO. ADR 22-06, A DENSITY 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 Recommendation: Adopt 233 & 301 E. Huntington Drive – Derby Mixed-Use Project December 19, 2023 Page 2 of 41 ORDINANCE NO. 2398 AMENDING THE ZONING DESIGNATION OF THE PROPERTIES AT 233 & 301 E. HUNTINGTON DRIVE FROM “CG - GENERAL COMMERCIAL” TO “DMU-DOWNTOWN MIXED USE” WITH A HEIGHT OVERLAY OF H7 WITH RESPECT TO THE “DERBY MIXED- USE DEVELOPMENT” AND MAKE REVISIONS TO THE ZONING MAP TO REFLECT THE ZONE CHANGES FOR THESE PROPERTIES Recommendation: Introduce SUMMARY The Applicant, the auWorkshop, on behalf of the property owner, Dustin Nicholarsen, is requesting approval of General Plan Amendment No. GPA 22-01, Zone Change No. ZC 22-01, Minor Use Permit No. MUP 22-02, and Architectural Design Review No. ADR 22- 06 to construct a new mixed-use development at 233 & 301 E. Huntington Drive. The Project includes a density bonus and a lot line adjustment and will result in a six-story mixed-use building containing 214 residential units, including 9 affordable units, a rebuilt Derby restaurant, a second, smaller new restaurant space, and a new café. The existing Derby restaurant and former Souplantation restaurant will be demolished. A parking structure and valet parking lot will be constructed as part of the mixed-use project that will include 412 parking spaces for all uses on the site. With the proposed amendments to the Zoning for the subject site, the proposed development is consistent with the City’s General Plan, Development Code, and Subdivision Code. The Statement of Findings addresses the environmental effects associated with the proposed project, as described in the Draft Environmental Impact Report (“EIR”). It is recommended that the City Council adopt Resolution No. 7530 including the required findings within the EIR in compliance with the California Environmental Quality Act (“CEQA”), adopt Resolution No, 7531 approving the General Plan Amendment, adopt Resolution No. 7532 related to the Project itself and the conditions of approval, and introduce Ordinance No. 2398 related to the Zone Change. BACKGROUND The Project site consists of two parcels totaling 2.23 acres in size, located on the north side of E. Huntington Drive, east of 2nd Avenue and on the west side of Gateway Drive (see Figure 1 below). The site is currently Zoned General Commercial (“CG”) and has a Land Use Designation of Commercial in the General Plan – refer to Attachment No. 5 for an Aerial Photo with Zoning Information and Photos of the Subject Property. The property is surrounded by commercial uses consisting of the Hampton Hotel and Embassy Suites Hotel to the north and west, the Arcadia Landmark retail center to the east, and the Arcadia Gateway retail center across Huntington Drive to the south. All the surrounding properties are also Zoned General Commercial with a Commercial Land Use Designation. However, all of these properties are earmarked to be re-zoned and re-classified through the City’s major re-zoning efforts associated with the recently-adopted Housing Element. 233 & 301 E. Huntington Drive – Derby Mixed-Use Project December 19, 2023 Page 3 of 41 Figure 1 - Aerial of Subject Site The existing Derby restaurant and the former Souplantation restaurant will be demolished as part of the Project. The Derby will be rebuilt on site to maintain many of the exterior and interior features of the existing restaurant space, and it will also be expanded in size substantially as part of the Project. Because The Derby has been occupying the site for 100 years, a detailed historical report was completed as part of the Project review process. It concluded that the building does not rise to a level of historic significance at the State or local level, largely because it has been heavily modified and expanded over time. Nevertheless, the Derby is clearly a much-beloved part of the Arcadia community, and the expanded restaurant space will include many of the characteristic features of the existing space as shown in part in Figure 2, including: • The red booths, fireplaces and unique chimneys • Roof pitch, overhanging eaves and rafter tails • Brick and clinker brick details • Stained glass windows of the same character and/or reused components • Iconic Derby and Guest Parking signage • Nearly exact replica of the original main dining room • Weathervanes, jockey statues, and various landscape details • Substantial horse racing memorabilia, including an expanded area for memorabilia to house what will be called “The Derby Centennial Collection” 233 & 301 E. Huntington Drive – Derby Mixed-Use Project December 19, 2023 Page 4 of 41 Figure 2 – Interior Image of the New Derby Restaurant DISCUSSION The proposed mixed-use development consists of the construction of a six-story building with five stories of residential units (214 units) over one basement level of parking and a ground level containing additional parking and the three proposed restaurants. Of the 214 residential units, nine will be reserved for affordable housing at the very low-income level, and these will be restricted to senior residents. The ground floor of the building along Huntington Drive will consist of the rebuilt Derby building to the west of the site, a café and residential amenities in the center of the Project, and a new, smaller restaurant space to the east of the site turning the corner onto Gateway Drive. This commercial space will continue active, vibrant uses along Huntington Drive, while also allowing for access to parking and valet services from both Huntington Drive and Gateway Drive. The Applicant is proposing to consolidate the two existing parcels into a single parcel of 97,084 square feet (2.23 acres). This can be accomplished through a lot line adjustment process, which is included as an entitlement along with the rest of the application package – refer to Attachment No. 6 for the Lot Line Adjustment and Attachment No. 7 for the Architectural Plans. The proposed building will have an overall maximum height of 71’ including a 3’ parapet. As such, along with the Zone Change to Downtown Mixed Use is a request to apply a height overlay of H7, which allows an overall height of 75’. In addition to the commercial appearance of the street frontages, the Project will include significant articulation and step backs from Huntington Drive. See Figure 3 below for the overall site plan of the Project area and Figure 4 for renderings of the Project. 233 & 301 E. Huntington Drive – Derby Mixed-Use Project December 19, 2023 Page 5 of 41 Figure 3 – Site Plan 233 & 301 E. Huntington Drive – Derby Mixed-Use Project December 19, 2023 Page 6 of 41 Figure 4 – Renderings 233 & 301 E. Huntington Drive – Derby Mixed-Use Project December 19, 2023 Page 7 of 41 The proposed residential unit mix will be comprised of 55 studios, 110 one-bedroom units, and 49 two-bedroom units. These units will occupy the second through the sixth floors of the building and will range in size from studios beginning at 400 square feet to 1,200 square feet for the largest of the two-bedroom units. The nine affordable units are contained within the mix described above and will be reserved for senior residents at the very low-income level per Los Angeles County’s affordability standards. As with most large projects, the Derby Project requires a suite of entitlements and land use approvals. Each of the major entitlements is described below in addition to key components of the Project. General Plan Amendment and Zone Change The Project site is currently Zoned General Commercial with a land use designation of Commercial. This is the same General Plan Designation and Zoning shared by all the surrounding commercial properties. However, in the City’s latest Housing Element Update, one of the key strategies is to expand the City’s “Downtown Mixed Use” Zone and General Plan Designation to the east, including all commercially zoned properties east of Second Avenue and west of Fifth Avenue. The primary purpose for this change is to incentivize redevelopment over time of properties in this area to include a residential component. Figure 5 below shows the changes proposed for the subject property. Figure 5 – General Plan and Zone Change Maps 233 & 301 E. Huntington Drive – Derby Mixed-Use Project December 19, 2023 Page 8 of 41 The Applicant team was made aware of the City-sponsored rezoning project but elected to apply for their own General Plan Amendment and Zone Change. This was done primarily so that they could control their own timing and complete their own specific environmental review, which evaluates the anticipated impacts of this project. The General Plan Amendment will change the Land Use Designation for the property to Downtown Mixed Use, and the Zone Change will change the underlying zoning to Downtown Mixed Use as well. These are both consistent with the overall City strategy and master plan for this area. In addition, the Zone Change includes the application of a Height Overlay zone of H7, which allows up to 75 feet of building height. This is consistent with the existing height overlay that applies to the Embassy project directly to the west that has a H-7 Overlay, in addition to the Hampton Inn to the north that has a H-5 Overlay. The H-7 overlay will be consistent with the nearby height allowances and is appropriate for this location. It is anticipated that the City’s rezoning process will be reviewed by the Planning Commission and City Council in the next few months. The Derby Project is ahead of this process substantially, however, because they have also pursued the required environmental review for their project. A similar level of environmental effort will be needed with other specific projects as they are proposed following the Citywide rezoning. Density Bonus and Affordable Housing Senate Bill 1818 amended the State’s Density Bonus program, and it offers incentives for the development of affordable housing for very low income, low income, moderate income, and senior citizen households. The Arcadia Development Code refers to the applicable Government Code when referencing density bonus law and the program 233 & 301 E. Huntington Drive – Derby Mixed-Use Project December 19, 2023 Page 9 of 41 allows developments to receive a density bonus above the allowable base density if the appropriate number of affordable units are provided. In this case, the developer is proposing 5% of the units be set aside as affordable housing for very low-income senior households. With 5% of the units affordable, the Project qualifies for a 20% density bonus per State law. The table below shows the unit summary, including the allowable density bonus. Residential Component Calculation Number of Units Base Density 80 du/acre 178 SB 1818 Unit Count + 20% 214 Housing Type Provided Market Rate Units 205 Affordable Units 5% 9 This is a density that is allowed by-right if the affordable units are provided. In order to ensure that the affordable units are included, the Development Code requires that the method proposed by the developer to maintain the continued affordability of the units be provided. To this end, the developer will be recording a Density Bonus Housing Agreement, which will be reviewed by the City Attorney to ensure that the nine senior affordable units will be rented to individuals who qualify at very low-income levels. The Agreement will also ensure that these units are maintained as affordable over time. These units will be spread throughout the Project and the agreement/covenant will be recorded prior to the issuance of a Certificate of Occupancy. In addition, the Government Code and the Arcadia Development Code allow developers to seek concessions or waivers to certain zoning requirements along with density bonuses. This can include relaxation of development standards such as parking or height, setbacks, and lot coverage. In this case, the development standard being altered by the developer is the dimension of some of the parking spaces and drive aisles. In addition, the fact that the Project qualifies for a density bonus allows the Project to provide fewer parking spaces than would be necessary through a strict application of the Development Code. These issues are described in more detail below in the parking section. Parking The Project would include one level of subterranean (i.e., basement level) parking for residents, as well as ground-level commercial and valet parking, including a podium parking structure and surface parking. The surface and podium parking areas would be predominately valet serviced and reserved for restaurant/café uses and residential visitors. The vehicle courtyard would include several surface parking spaces for transitional (i.e., short-term) valet use. A larger surface parking lot for valet use only would be on the northwest corner of the Project site accessible from the ground-level podium parking lot. 233 & 301 E. Huntington Drive – Derby Mixed-Use Project December 19, 2023 Page 10 of 41 The table below provides the parking required and provided for the Project when applying the density bonus allowances. Parking Required w/ Density Bonus Spaces Commercial Parking for: • Derby (12,850 sf @ 1 space per 100 sf): 129 • Secondary Restaurant (3,300 sf @ 1 space per 100 sf): 33 • Café (1,400 sf @ 1 space per 200 sf): 7 • Outdoor Seating (24 seats @ 1 space per 6 seats): 4 173 Residential Parking for: • 51 studios @ 1 space per unit: 51 • 105 one-bedroom @ 1 space per unit: 105 • 49 two-bedroom @ 1.5 spaces per unit: 74 • 9 senior affordable units @ 1 space per unit: 9 239 TOTAL REQUIRED 412 Parking Provided Spaces Commercial Parking (Valet Format) 173 Residential Parking 239 TOTAL PROVIDED 412 For comparison purposes, it should be noted that an application of the Development Code without the density bonus mandates would require more residential parking, but less commercial parking. The Development Code requires 1 parking space per studio or senior unit, and 1.5 spaces per one or two-bedroom unit. It also requires 1 guest parking space for every three units. Taken together, this would require a total of 362 residential parking spaces. However, given the proximity to the light rail station, a 25% reduction would apply to the commercial aspect of the Project, resulting in a total number of commercial spaces needed of 130, rather than the 173 spaces provided. Therefore, in total, the Development Code would require a total of 492 spaces rather than the 412 provided under density bonus law. The major advantage for the site in terms of parking, however, is the fact that valet parking will be available. The Derby Parking Management/Valet Parking Operations Analysis memo prepared for the Project discusses the City’s parking requirements for the existing and proposed land uses on the Project site per Section 9103.07 (Off-Street Parking and Loading) of the Development Code (see Attachment 8). Of the 173 commercial parking spaces, 33 spaces are available for self-parking and the remaining 140 will be valet-accessible. Valet parking will be available for all restaurant uses on site as needed. The Parking Management/Valet Parking Operations Memo 233 & 301 E. Huntington Drive – Derby Mixed-Use Project December 19, 2023 Page 11 of 41 provides a series of recommendations to facilitate both the self-parking and valet functions on site. Regarding self-parking, it is recommended that space counters be provided as well as parking displays to indicate the number of spaces occupied and/or available. In addition, directional signage and clear markings on the location of various parking options will be required. These details have been added as Conditions of Approval and/or Mitigation Measures. With regard to valet parking, the Derby has been operating with an all-valet system for years, and this is the standard that will be maintained. The plan shows 89 valet spaces in the surface lot and another 51 spaces within the structure. Additionally, the courtyard can accommodate approximately 20 active and parked vehicles, in addition to queuing space. A detailed valet operations plan will be required to be submitted. This has also been added as a Condition of Approval. Because valet spaces are professionally controlled, they do not require the same dimensions as self-parking spaces. The provision of affordable units provides the Applicant the ability to request concessions to the Development Code. In this case, the requested concessions are to the parking space dimensions and aisle dimensions. It should be noted that all ground level commercial self-parking spaces meet Code requirements, but valet and tandem spaces will not. Tandem parking spaces are provided for some of the residential parking spaces. The Code-listed dimensions for tandem spaces are 10’ x 19’. The Applicant has provided tandem spaces with dimensions of 9’ x 19’ for the interior space and 9’ x 18’ for the exterior tandem space. These dimensions are similar to those that have been approved in several different projects in the City and are consistent with requirements in other jurisdictions. In addition, the Applicant provided vehicle turning templates and maneuvering diagrams as part of the Parking Management/Valet Parking Operations Memo. Turning motions from different sized vehicles show that the parking area is functional and accessible. Similarly, an aisle width of 24’ is requested for the ramp down to the residential parking area from Gateway Drive. This has minimal impact on the function of the basement level parking as a whole. While these concessions may be granted without such analysis, the review provides evidence that these modifications are suitable. The Code also requires bicycle parking for mixed-use developments at a rate of 0.2 spaces per residential unit and 10% of non-residential parking requirements. Based on 214 residential units and 173 commercial parking spaces, 61 bicycle parking spaces are required. The Project will provide 63 bicycle parking spaces located on level 1 of the development. This complies with the Code and exceeds the minimum requirement. Additionally, the Project will meet all Americans with Disabilities Act (“ADA”) and Energy Efficient vehicle requirements as well as providing motorcycle spaces. Another issue that is of importance is where the construction trucks will be staged during construction. Given the size of the site, the construction vehicles will be staged on-site and within the Project boundaries, and should not disrupt the surrounding commercial 233 & 301 E. Huntington Drive – Derby Mixed-Use Project December 19, 2023 Page 12 of 41 uses. A detailed construction parking and staging plan will be required prior to the issuance of a building permit for the Project to ensure this is the case. Vehicular Circulation and Traffic Primary vehicle access for the commercial and valet parking areas would be from two points: (1) via an ingress/egress driveway on E. Huntington Drive approximately 50 feet east of driveway for the existing The Derby restaurant; and (2) via an ingress/egress driveway on Gateway Drive that would also accommodate service uses. Primary vehicle access to the residential tenant and guest parking at the basement level would be provided via a separate, secure ingress/egress driveway from Gateway Drive. Queuing analyses were conducted on the entryways and access and egress from the site was found to be adequate with the exception of the eastbound left turn pocket at Gateway and Huntington Drive and within the Derby Courtyard. To address these issues, mitigations have been added to extend the left turn pocket for that turning motion and to install internal signage to direct vehicles within the Project. In terms of traffic, trips generated by the proposed project were evaluated to determine any expected impacts on the traffic flow through the area. A total of seven intersections were analyzed as part of this project, including the following: 1. 2nd Avenue/Santa Clara Street 2. Santa Anita/E. Huntington Drive 3. 1st Avenue/E. Huntington Drive 4. 2nd Avenue/E. Huntington Drive 5. Gateway Drive/E. Huntington Drive 6. 5th Avenue/E. Huntington Drive 7. I-210 SB ramps/E. Huntington Drive Each of these intersections are shown in Figure 6 below. Following analysis, and with the inclusion of other expected projects in the area, none of the studied intersections were significantly impacted by the expected project traffic. 233 & 301 E. Huntington Drive – Derby Mixed-Use Project December 19, 2023 Page 13 of 41 Figure 6 – Intersections that were Studied A Traffic Impact Analysis (Appendix J to the EIR) was prepared for the Project that includes Level of Service (“LOS”) analysis, site access review, parking analyses, and Vehicle Miles Traveled (“VMT”) screening analysis. The bullet list below summarizes the key findings: • The proposed project would generate 2,163 net daily trips, 219 net AM peak hour and 175 net PM peak hour trips. • The study area intersections currently and are forecast to operate at LOS D (or E where applicable) or better under all analysis scenarios, which meets the City’s traffic impact thresholds. • The proposed project would not result in unacceptable queueing conditions into or out of the Project site with exception of the eastbound left-turn pocket at Gateway Drive/E. Huntington Drive and within The Derby Courtyard. The following recommendations are made: • Remove and reconfigure the raised median to extend the eastbound left-turn pocket at Gateway Drive/E. Huntington Drive to at least 75 feet. (Added as Mitigation Measure). 233 & 301 E. Huntington Drive – Derby Mixed-Use Project December 19, 2023 Page 14 of 41 • Place signage within the commercial section of the parking structure directing personal vehicles to use the Gateway Drive egress to exit the Project site during valet operations (Added as Mitigation Measure). • The Project is in a Transit Priority Area (“TPA”) and in a Low Vehicles Miles Travel (“VMT”) generating area, therefore it is screened out from a VMT analysis. VMT is the current method of evaluating impacts on the regional traffic system. Essentially, a project is evaluated based on its location and the likelihood of creating a high level of vehicle miles traveled to and from the site by the users and/or residents of the site in a day. If a project is located within a half mile around existing high quality transit or major transit stop such as regional bus lines and/or light rail, typically that area produces less of these trips than areas without these features. . As a result, the Project’s impacts to VMT can be presumed to be less than significant and additional mitigations or project features are not required. Architectural Design and Land Use As shown below in Figure 7, the Project provides an interesting, varied façade along Huntington Drive that emphasizes the commercial portions of the Project. The color palette would predominantly include neutral earthtones of grey, brown, and off-white. Building materials and siding along the ground-level E. Huntington Drive and Courtyard frontages would include brick veneer and would feature glazed floor-to-ceiling windows and a covered corridor along the east side of the courtyard and café, residential, and restaurant frontage. The finish on levels two through six would include a combination of machine applied sand-finished stucco and dark grey finished steel board and batten, as well as stained tongue and groove wood soffits and window surrounds. The Project would also feature painted steel balconies and railings. As proposed, the proposed overall design is consistent with the City’s Design Guidelines and is compatible with the surrounding area. The Derby restaurant would be designed to maintain its low-slung and distinctive character and scale, as well as other distinctive interior and exterior elements such as the gable roof, stained-glass windows, and classic red booths. The gable roof would feature “The Derby” signage in large-format lettering on its south-facing slope. The “new” Derby restaurant would preserve the existing horseracing memorabilia collection (i.e., The Derby Collection) in a new, expanded display area, and would relocate the existing “World Famous, The Derby” and “Guest Parking” neon signs to either side of the proposed ingress/egress driveway on E. Huntington Drive leading to the restaurant’s new covered porte-cochere and east-facing main entrance. The Derby restaurant’s rooftop bar and dining area would also include a media-art installation featuring a 35’ by 25’ projection surface set against the adjacent southern building face. During The Derby restaurant’s evening operating hours, the proposed installation would display black-and-white, horse-racing themed photographs and video- stream projections, which would be visible from The Derby’s rooftop bar and dining area, 233 & 301 E. Huntington Drive – Derby Mixed-Use Project December 19, 2023 Page 15 of 41 as well as from certain vantage points on the surrounding E. Huntington Drive streetscape. Horseracing images would only be projected from approximately dusk until midnight while The Derby restaurant is open. Figure 7 – Renderings In addition to the thoughtful treatments on the ground levels along both Huntington Drive and Gateway Drive, the Project provides differentiation between the residential levels of 233 & 301 E. Huntington Drive – Derby Mixed-Use Project December 19, 2023 Page 16 of 41 the building and the ground floor commercial space. The valet drop-off area provides a deep, articulated area that reduces massing along Huntington and emphasizes the Derby. Also, upper-level step-backs along Huntington provide an area for open space and amenity that further reduce massing. Along Gateway Drive, a substantial courtyard area at the second level provides a second deep and articulated space and provides light and air for the units that front the courtyard. All City requirements regarding disabled access and facilities, occupancy limits, building safety, health code compliance, emergency equipment, environmental regulation compliance, and parking and site design shall be complied with by the property owner/applicant to the satisfaction of the Building Official, City Engineer, Planning & Community Development Administrator, Fire Marshal, and Public Works Services Director, or their respective designees. Open Space Residential uses in the City’s DMU Zones are required to provide a minimum of 100 square feet of open space per dwelling unit (21,400 square feet), which may incorporate balconies. The open space is proposed on site both as community open space and as private open space. Approximately 65% of the Project’s proposed dwelling units would include private balconies. As such, the Project would provide 7,020 square feet of residential open space in the form of private balconies and 14,525 square feet of common area open space (i.e., the courtyards/amenity areas on levels two, five, and six) for a total of 21,545 square feet of residential open space, which is in accordance with the Development Code. The courtyards provide landscaped sitting areas, an herb garden, and an outdoor deck and pool area. Minor Use Permits With approval of the proposed Zone Change to DMU, the Project site would be in a mixed- use zone and a “downtown zone” (Development Code Section 9102.05[C]). As such, the Project would require approval of Minor Use Permits (“MUPs”) for the following project features/characteristics: Valet parking in a mixed-use zone, outdoor dining in a downtown zone, and multifamily housing in a downtown zone. Whereas these types of project elements would be handled at the administrative level in some cases, when part of a major project with additional entitlements, they are included with the discretionary review process. The required Findings of Fact for each of these items are provided below in the Findings section. Valet Parking in a Mixed-Use Zone. As described in detail in the Parking section above, the Project’s surface parking area and ground-level podium parking structure would be predominately valet serviced and reserved for restaurant/café uses and residential visitors. Valet parking is subject to a MUP per the Development Code. Valet parking is a critical component of this project and is the basis by which the large restaurant square footage proposed can be supported. The Derby has utilized valet parking for decades and this would be maintained by the proposed project. Valet parking provides relief from 233 & 301 E. Huntington Drive – Derby Mixed-Use Project December 19, 2023 Page 17 of 41 parking concerns in that it will be available during all hours of the restaurant’s operation and will alleviate any conflicts with residential parking or peak times. Outdoor Dining in Excess of 12 tables in the Downtown Zones. The Development Code requires a MUP to allow outdoor dining in excess of 12 tables. This entitlement is typically required to allow for streetscape activity and vitality while ensuring that parking is adequate and a safe public/private interface can be maintained. In this case, the outdoor dining as part of the Derby and the 3,300 square foot additional restaurant space would include the option for outdoor seating with 12 or more tables. This is a welcome project feature as it will add visual interest to the Project and provide an active streetscape. Parking for the outdoor dining areas is accounted for as part of the parking provided for the Project. Multi-Family Housing in a Downtown Zone. Multifamily housing in conjunction with a commercial use is permitted in the City’s downtown zones, subject to an approved MUP. The Project would include 214 for-rent dwelling units, which would qualify as multifamily housing. This requirement was added to the Code to ensure that mixed-use projects were thoughtfully planned and the residential portion of mixed-use projects provided appropriate setbacks, design features, and amenities to successfully be placed in a commercial-focused environmental. The Derby Project provides an appropriate mix of residential unit types, including affordable units, and the Project is laid out in a manner that continues to treat Huntington Drive as a commercial corridor yet provides a new population of residents to complement the area as an extension of Downtown Arcadia. FINDINGS General Plan Amendment Section 9108.03.060(A) of the Development Code requires that for a General Plan Amendment to be granted, it must be found that all of the following prerequisite conditions can be satisfied: 1. The amendment is internally consistent with all other provisions of the General Plan. Facts to Support This Finding: 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, the Economic Development Element, the Circulation and Infrastructure Element and, most 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 the most effective and beneficial way to do so. The City is planning a major General 233 & 301 E. Huntington Drive – Derby Mixed-Use Project December 19, 2023 Page 18 of 41 Plan update that would change 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 proposed amendment will not be detrimental to the public interest, health, safety, convenience, or general welfare of the City. Facts to Support This Finding: 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 Section 9108.03.060(C) of the Development Code requires that for a Zone Change to be granted, it must be found that all of the following prerequisite conditions can be satisfied: 1. The proposed amendment is in conformance with the goals, policies, and objectives of the General Plan. Facts to Support This Finding: The proposed Zone Change is in conformance with 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 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 the most effective and beneficial way to do so. The City is planning a major Zoning Map update that would change 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 233 & 301 E. Huntington Drive – Derby Mixed-Use Project December 19, 2023 Page 19 of 41 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. Facts to Support This Finding: 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. The Environmental Impact Report submitted along with the Project reviewed all of the site logistics and utility provision challenges inherent 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. Facts to Support This Finding: 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. Therefore, the Zone Change 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. Minor Use Permits Section 9107.09.050(B) of the Development Code requires that for a Minor Use Permit to be granted, it must be found that all of the following prerequisite conditions can be satisfied. In this case the Minor Use Permits being requested include multi-family housing in a downtown zone, valet parking, and outdoor dining. 1. The proposed use is consistent with the General Plan and any applicable specific plan. Facts to Support This Finding: 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 233 & 301 E. Huntington Drive – Derby Mixed-Use Project December 19, 2023 Page 20 of 41 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 96 dwelling units per acre and a commercial FAR of 0.18, meeting the land use designation and zoning 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. 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. Facts to Support This Finding: 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. 233 & 301 E. Huntington Drive – Derby Mixed-Use Project December 19, 2023 Page 21 of 41 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. Facts to Support This Finding: 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 of 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. Facts to Support This Finding: 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. Facts to Support This Finding: The Project site is located on the north side of Huntington Drive and the west side of Gateway Drive. These streets 233 & 301 E. Huntington Drive – Derby Mixed-Use Project December 19, 2023 Page 22 of 41 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.). Facts to Support This Finding: The Fire and Police Departments have reviewed the application and determined that, with 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 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.). Facts to Support This Finding: As part of the development, new utility connections, including connections for potable water and storm drainage, will be required. Implementation of best management practices 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. Facts to Support This Finding: 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 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 233 & 301 E. Huntington Drive – Derby Mixed-Use Project December 19, 2023 Page 23 of 41 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. Density Bonus The proposal includes a density bonus of 20%, which is allowed based on the provision of 5% of the units being designated for very low-income senior residents. The findings below are required for a density bonus to be permitted. A. 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. Facts in Support of the Finding: 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 proposed through the addition of low-income housing units. B. The approved number of dwellings can be accommodated by existing and planned infrastructure capacities. Facts in Support of the Finding: 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 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. C. Adequate evidence exists to indicate the Project will provide affordable housing in a manner consistent with the purpose and intent of this Section. Facts in Support of The Finding. 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. 233 & 301 E. Huntington Drive – Derby Mixed-Use Project December 19, 2023 Page 24 of 41 D. 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.). Facts in Support of the Finding: 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. E. There are sufficient provisions to guarantee that the units will remain affordable for the required time period. Facts in Support of the Finding. 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. ENVIRONMENTAL ASSESSMENT An Environmental Impact Report (“EIR”) was prepared for this project by Dudek to evaluate potential environmental impacts that would result from implementation of the Project (State Clearinghouse No. 2022100298). Please see the link to the EIR and associated technical studies as Attachment No. 10 to this Staff Report. The EIR provides an introduction, review of the environmental setting for the Project, a project description, a review of all the required sections for environmental analysis, and a review of alternatives. The sections of environmental analysis that were reviewed include: • Aesthetics • Air Quality • Cultural Resources • Energy • Geology and Soils • Greenhouse Gas Emissions • Hazards and Hazardous Materials 233 & 301 E. Huntington Drive – Derby Mixed-Use Project December 19, 2023 Page 25 of 41 • Hydrology and Water Quality • Land Use and Planning • Noise • Population and Housing • Public Services and Recreation • Transportation • Tribal Cultural Resources • Utilities and Service Systems Upon a complete review of all of the topics listed above, the EIR concluded that there are a number of mitigation measures required for the Project. With the incorporation of these mitigation measures, however, the Project will have no significant impacts. As such, a Mitigation Monitoring and Reporting Program (“MMRP”) will be provided to ensure that these mitigations occur. A summary of the required mitigations is provided below. For a full description of the mitigations, please see the EIR (link provided as Attachment No. 10): • MM-CUL-1: Requirement for a Worker Environmental Awareness Program to educate those on the site as to archaeological resources that may be uncovered during grading, excavation or construction and requirements for procedures to protect any archaeological resources. • MM-GEO-1: Requirement for retention of a paleontologist to educate workers and prepare guidelines for awareness of potential paleontological resources and procedures if they are located. • MM-HAZ-1: Preparation of a Hazardous Building Materials Survey. • MM-HAZ-2: Soil Management Plan related to the potential presence of contaminated materials during excavation. • MM-NOI-1: Mitigations for noise attenuation during the construction process. • MM-TRA-1: Requirement for modifications to the raised median along Huntington Drive to facilitate queueing. • MM-TRA-2: Requirement for a detailed parking signage plan to direct drivers and differentiate between uses. • MM-TRA-3: Preparation of a Construction Traffic Control Plan. • MM-TCR-1: Retention of a Native American monitor from the Kizh Nation prior to any ground disturbance activities to ensure protection of any Tribal cultural resources. • MM-TCR-2: Ensure any human remains are reported to Coroner and proper protections are in place. • MM-TCR-3: Protocols in the event that human remains are discovered which are relevant to the Tribe. • MM-UTL-1: Requirement for fair-share payment for upgrade of City sewer line to serve project. The Draft EIR was distributed for public review on August 3, 2023, and the public review period was from August 4, 2023, through September 19, 2023. Comment letters were 233 & 301 E. Huntington Drive – Derby Mixed-Use Project December 19, 2023 Page 26 of 41 received from the following interested parties. Copies of all the comment letters are included as Attachment No. 10. • Caltrans • Lozeau Drury on behalf of Supporter’s Alliance for Environmental Responsibility • Mitchell Tsai on behalf of the Southwest Regional Council of Carpenters A Response to Comments (“RTC”) to each of the comment letters is also included within Attachment No. 10. Following the comment period, the City received three additional late pieces of correspondence in the days leading up to the Planning Commission meeting. These letters were from the same three commenting parties during the comment period. These letters and the responses to them are included as Attachment No. 11. PUBLIC NOTICE/COMMENTS A public hearing notice for this item was published in the Arcadia Weekly newspaper and mailed to the property owners located within 300 feet of the subject property on November 7, 2023, prior to the Planning Commission meeting. Subsequently, a second notice was mailed and published in the same manner on December 7, 2023, specifically for the City Council Meeting. It should also be noted that a community meeting was held by the Arcadia Historical Society with the Applicant on November 15, 2023, to answer questions about the Project. While this meeting was not part of the City’s official process, it is important to note that this meeting was attended by more than 35 individuals who had a chance to learn about the Project and ask questions. Except for the comments listed above related to the Draft and Final EIR, the only additional comments received were verbal comments at the Planning Commission meeting as described below. PLANNING COMMISSION MEETING On November 28, 2023, the Planning Commission held a public hearing on the Project. The Planning Commission received an overview of the Project by staff with additional commentary from the Applicant’s team. Two public comments were also received at the meeting – one in favor of the Project and one requesting the use of a local, union workforce for development of the Project. Two late letters raising environmental issues were received as well as a late piece of correspondence from Caltrans. The two environmental letters raised concerns about hazards from former uses on the site, transportation impacts, and noise impacts, among other issues. The City issued detailed response letters to each piece of correspondence prior to the meeting and the issues were also addressed at the meeting. The Commissioners raised several concerns about parking, light impacts from the Projected mural, signs for other uses that are located on the property, and potential hazardous materials that may have been left behind from former uses on the property. These concerns were addressed to the satisfaction of the Commission and, following the public hearing, the Planning Commission voted 5-0 to 233 & 301 E. Huntington Drive – Derby Mixed-Use Project December 19, 2023 Page 27 of 41 recommend approval of The Derby Mixed-Use Project to the City Council. Refer to Attachment No. 9 for the Planning Commission minutes. FISCAL IMPACT While a direct estimate of the impact is not available, the Project will have a positive revenue impact in that additional property taxes will be collected due to the substantial increase in appraised value on site. The Project will also generate user fees, park impact fees, transportation impact fees, and building permit revenue. Following construction, an increase in sales taxes will be expected as a result of the much larger Derby restaurant and additional commercial components of the Project. Ancillary fiscal benefit will also result from the spending patterns of new residents in Downtown Arcadia, which will have both private and public fiscal benefits. It is not known if the revenue enhancements will fully offset the demand for services from the residents and businesses on the site; however, multifamily units of the type proposed generally do not have a high demand for public services. RECOMMENDATION It is recommended that the City Council approve General Plan Amendment No. GPA 22- 01, Zone Change No. ZC 22-01, Minor Use Permit No. MUP 22-02, and Architectural Design Review No. ADR 22-06, along with a density bonus and lot line adjustment, through the following actions. Adopt Resolution No. 7530, certifying the Environmental Impact Report and adopting CEQA findings of fact. Adopt Resolution No. 7531, amending the General Plan Land Use Designation for the property. Adopt Resolution No. 7532, approving the Project subject to the following conditions of approval: 1. 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 233 & 301 E. Huntington Drive – Derby Mixed-Use Project December 19, 2023 Page 28 of 41 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: 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: 233 & 301 E. Huntington Drive – Derby Mixed-Use Project December 19, 2023 Page 29 of 41 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 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. 233 & 301 E. Huntington Drive – Derby Mixed-Use Project December 19, 2023 Page 30 of 41 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 cannot 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. 233 & 301 E. Huntington Drive – Derby Mixed-Use Project December 19, 2023 Page 31 of 41 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 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 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. 233 & 301 E. Huntington Drive – Derby Mixed-Use Project December 19, 2023 Page 32 of 41 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, 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 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 233 & 301 E. Huntington Drive – Derby Mixed-Use Project December 19, 2023 Page 33 of 41 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 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 233 & 301 E. Huntington Drive – Derby Mixed-Use Project December 19, 2023 Page 34 of 41 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 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 233 & 301 E. Huntington Drive – Derby Mixed-Use Project December 19, 2023 Page 35 of 41 California Environmental Quality Act (“CEQA”) (14 CCR 15064.5[f]; 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’s 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 233 & 301 E. Huntington Drive – Derby Mixed-Use Project December 19, 2023 Page 36 of 41 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- 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. 233 & 301 E. Huntington Drive – Derby Mixed-Use Project December 19, 2023 Page 37 of 41 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. 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 233 & 301 E. Huntington Drive – Derby Mixed-Use Project December 19, 2023 Page 38 of 41 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. MM-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 Gabrieleño 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. 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 233 & 301 E. Huntington Drive – Derby Mixed-Use Project December 19, 2023 Page 39 of 41 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). 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 Gabrieleño Band of Mission Indians - 233 & 301 E. Huntington Drive – Derby Mixed-Use Project December 19, 2023 Page 40 of 41 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. 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. f. 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. 233 & 301 E. Huntington Drive – Derby Mixed-Use Project December 19, 2023 Page 41 of 41 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. Introduce Ordinance No. 2398, amending the zoning designation and zoning map for the property. Attachment No. 1: Resolution No. 7530 Attachment No. 2: Resolution No. 7531 Attachment No. 3: Resolution No. 7532 Attachment No. 4: Ordinance No. 2398 Attachment No. 5: Aerial Photo, Zoning Information, and Photos of the Subject Property Attachment No. 6: Lot Line Adjustment Plan Attachment No. 7: Architectural Plans Attachment No. 8: The Derby Parking Management/Valet Parking Operations Analysis Attachment No. 9: Planning Commission Minutes, dated November 28, 2023, and Planning Commission Staff Report (without attachments) Attachment No. 10: Link to Revised Final Environmental Impact Report, Draft Environmental Impact Report, and Technical Appendices – https://www.ArcadiaCA.gov/projects Attachment No. 11: Additional Comment Letters on EIR and Responses to Comments