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HomeMy WebLinkAboutItem 12b - Call for Review for MFADR 23-03(314-326 S. Second Ave.) DATE: April 16, 2024 TO: Honorable Mayor and City Council FROM: Jason Kruckeberg, Assistant City Manager/Development Services Director Lisa Flores, Deputy Development Services Director SUBJECT: CONSIDERATION OF CALL FOR REVIEW OF THE PLANNING COMMISSION APPROVAL OF MULTIPLE FAMILY ARCHITECTURAL DESIGN REVIEW NO. MFADR 23-03, TENTATIVE TRACT MAP NO. TTM 23-05 (84291), HEALTHY TREE REMOVAL NO. TRH 23-04, AND PROTECTED TREE ENCROACHMENT NO. TRE 23-10 FOR A 16-UNIT, CONTEMPORARY STYLE, MULTI-FAMILY RESIDENTIAL CONDOMINIUM DEVELOPMENT AT 314-326 S. SECOND AVENUE CEQA: Exempt Recommendation: Provide Direction SUMMARY At their regularly scheduled meeting on March 12, 2024, the Planning Commission held a public hearing related to Multiple Family Architectural Design Review No. MFADR 23- 03 and associated applications. This project was submitted by Philip Chan on behalf of the property owner, Smart Property LA II LLC, to develop the sites located at 314-326 S. Second Avenue and construct 16 new condominium units that will be three stories in height. The Planning Commission voted 3-2 to approve the project. On March 19, 2024, Council Member Kwan requested that the project be called up for review by the City Council. Per the processes outlined in the Development Code, it is recommended that the City Council provide direction on whether to call the case up to the City Council for a full review and public hearing. BACKGROUND The subject property is four adjacent lots currently developed with 16 units (four on each lot). The Applicant is requesting to demolish all 16 units, merge the existing four (4) lots together as one parcel through the tract map process, and construct 16 new condominium units that will be three-stories tall with garage parking at grade level. All of the units will have four bedrooms, 5.5 bathrooms and will range from 2,305 square feet to 3,207 square feet in size. The project complies with the development standards of the R-2 Zone, including, but not limited to, setbacks, height, open space, and the minimum parking requirements for each of the units, guest parking, and bicycle spaces. No modifications Consideration of Call for Review for MFADR 23-03 (314-326 S. Second Ave.) April 16, 2024 Page 2 of 3 or variances were requested through the application process. The proposed project requires approval of the following applications and documents: • Tentative Tract Map No. TTM 23-05 (84291) - To merge the existing four lots and subdivide the residential units into condominiums. • Multi-Family Architectural Design Review No. MFADR 23-03 - For the architectural design review of this project. • Protected Tree Encroachment Permit No. TRE 23-10 and Protected Healthy Tree Removal No. TRH 23-04 - The design will encroach into the canopy of one (1) protected tree at the rear of the property and remove one (1) protected tree from the subject property. The staff recommendation for this project was for approval. All the required findings were made, it was determined that the site was physically suitable for this development in the subject zoning designation, and it was found that the proposed design was compatible with the other existing multi-family developments within the surrounding neighborhood in terms of design, massing, and scale. During the public hearing, two residents spoke in opposition to the project and submitted a letter at the hearing (refer to Attachment No. 2). Commissioner Arvizu thought the proposed development was a nice design and listed some of the elements that he thought were attractive, but he could not make one of the findings pertaining to Land Use Policy No. LU 4-1, which state that the new development will be consistent in scale, mass, and character with the other structures within the surrounding neighborhood. Commissioner Arvizu recommended that the Planning Commission deny the project on that basis. The motion failed with a 2-3 vote. Another motion was made by Commissioner Tallerico to approve the project and that the proposal met all the requisite findings. The motion passed with a 3-2 vote. Following project approval on March 19, 2024, Council Member Kwan requested that the item be placed on the next available City Council Agenda. Under the “Call for Review” process, the City Council will decide whether to call the item up for a full review and public hearing. DISCUSSION The Arcadia Municipal Code provides a process for City Council “Calls for Review”. Any decision of the Planning Commission (or Administrative Staff) may be called for review by the City Council within 10 days of the decision. In this case, the Planning Commission’s approval was on March 12, 2024, and the appeal/call for review period was active until March 25, 2024. Council Member Kwan requested that the project be called up within this 10-day period. Consideration of Call for Review for MFADR 23-03 (314-326 S. Second Ave.) April 16, 2024 Page 3 of 3 Once an item is requested for call up, it is placed on the next regularly scheduled City Council meeting agenda. Before an item is heard at a meeting, a majority of the City Council must agree that the item should be called up. If the City Council votes to call this item up, a full public hearing will be held at the next City Council Meeting (May 7, 2024). However, if a majority of the City Council votes against the call up of this item, the Planning Commission’s decision shall stand pursuant to the end of the appeal period on March 25, 2024. The Planning Commission Staff Report without exhibits is included as Attachment No. 1 to this report. A link to all the materials that were presented to the Planning Commission is also provided below for context. ENVIRONMENTAL ANALYSIS It has been determined that the project site is less than five (5) acres; the project site has no value as a habitat for endangered, rare or threatened species; the proposed project would not have any significant effects upon the environment, and the site can be adequately served by all the required utilities and public services. Therefore, the project is exempt under Class 32 (In-Fill Development Projects) pursuant to Section 15332 of the State California Environmental Quality Act (“CEQA”) Guidelines. RECOMMENDATION It is recommended that the City Council provide direction on whether or not to call up the Planning Commission decision for a full review. Attachment No. 1: March 12, 2024, Planning Commission Staff Report – Link to the Planning Commission packet: https://cms9files.revize.com/arcadia/Shape%20Arcadia/Developme nt%20Services/planning%20services/Planning%20Commisson/Agenda %20Packets/2024/03-12-24%20Agenda%20Packet.pdf Attachment No. 2: Letter from Property Owner at 319 S. Second Avenue Attachment No. 1 March 12, 2024 Planning Commission Staff Report Link to the Planning Commission packet: https://cms9files.revize.com/arcadia/Shape%20Arcadia/Developm ent%20Services/planning%20services/Planning%20Commisson/ Agenda%20Packets/2024/03-12-24%20Agenda%20Packet.pdf DATE: March 12, 2024 TO: Honorable Chairman and Planning Commission FROM: Lisa L. Flores, Deputy Development Services Director Prepared By: Alison MacCarley, Assistant Planner SUBJECT: RESOLUTION NO. 2142 - APPROVING MULTIPLE FAMILY ARCHITECTURAL DESIGN REVIEW NO. MFADR 23-03, TENTATIVE TRACT MAP NO. TTM 23-05 (84291), HEALTHY TREE REMOVAL NO. TRH 23-04, AND PROTECTED TREE ENCROACHMENT NO. TRE 23- 10 FOR A 16-UNIT, CONTEMPORARY STYLE, MULTI-FAMILY RESIDENTIAL CONDOMINIUM DEVELOPMENT AT 314-326 S. SECOND AVENUE CEQA: Exempt Recommendation: Adopt SUMMARY The Applicant, Philip Chan, on behalf of the property owner, Smart Property LA II LLC, is requesting approval of Multiple Family Architectural Design Review No. MFADR 23- 03, Tentative Tract Map No. TTM 23-05 (84291), Healthy Tree Removal No. TRH 23- 04, and Protected Tree Encroachment No. TRE 23-10 for a 16-unit, three-story, Contemporary style multi-family residential condominium development at 314-326 S. Second Avenue. The proposed development and subdivision are consistent with the City’s General Plan, Development Code, and Subdivision Map Act. It is recommended that the Planning Commission adopt Resolution No. 2142 (refer to Attachment No. 1) and find that the project is Categorically Exempt under CEQA and approve Multiple Family Architectural Design Review No. MFADR 23-03, Tentative Tract Map No. TTM 23-05 (84291), Healthy Tree Removal No. TRH 23-04, and Protected Tree Encroachment No. TRE 23-10, subject to the conditions listed in this staff report. BACKGROUND The subject site consists of four parcels: 314 S Second Avenue, 320 S. Second Avenue, Resolution No. 2142 - MFADR 23-03, TTM 23-05 (84291), TRH 23-04, and TRE 23-10 314-326 S. Second Avenue March 12, 2024 – Page 2 of 16 324 S. Second Avenue, and 326 S. Second Avenue. The combined square footage of the lots will be approximately 59,440 square feet. The interior lots are located on the east side of Second Avenue, between California Street and El Dorado Avenue. The northernly two lots, 314 S. Second Avenue and 320 S. Second Avenue, share a driveway between them and the two southernly lots, 324 S. Second Avenue and 326 S. Second Avenue also shares a driveway between them. Although there are four separate legal lots, they function as one big complex with shared open space, driveway, etc. The properties are zoned R-2, Medium Density Multiple Family Residential, with a General Plan Land Use Designation of Medium Density Residential. The properties are surrounded by R-2 zoned properties to the south and east and R-3, High Density Multiple Family Residential properties to the north and west. Each lot has four (4) residential units, two detached duplexes, with a total of 16 units on all four lots. At 314 Second Avenue, the front unit was built in 1954 and the rear unit was built in 1956. At 320 S. Second Avenue, both structures were built in 1959, and the structures at 324 S. Second Avenue and at 826 S. Second were all built in 1960, refer to Attachment No. 2 for an Aerial photo with Zoning Information and Photos of the Subject Properties and Figure 1. Based on the evaluation by an Architectural Historian, the properties do not meet any of the minimum requirements for designation as a historical resource under federal, state and local criteria. The residences are not a good example of any particular architectural style and are not representative of or associated with any important historical events or people. The structures have not yet been demolished due to the City’s replacement policy for residential projects, which requires approval of a new project prior to demolition of the structures on site. Resolution No. 2142 - MFADR 23-03, TTM 23-05 (84291), TRH 23-04, and TRE 23-10 314-326 S. Second Avenue March 12, 2024 – Page 3 of 16 PROPOSAL The Applicant is requesting to demolish all 16 structures on the properties, merge the lots together as one parcel through the tract map process, and construct 16 new condominium units that will be three-stories tall with garage parking at grade level – refer to Attachment No. 3 for the Tentative Tract Map and Attachment No. 4 for the proposed Architectural Plans. The proposed architectural style will be Modern-Contemporary which incorporates many architectural elements found within the neighborhood. While this will be the first of this style on this block, the style provides an elevated and modern look to the neighborhood and the detached building helps to reduce the physical mass of the development. The upper levels of the buildings are stepped back from the ground floor to make the building appear less imposing at the pedestrian level and more compatible with the existing neighborhood which is made up of a mix of one- and two- story developments. The design also incorporates traditional architectural elements to better blend the style in the surrounding area while the wood paneling and overall neutral palette, and white brick veneer give it a unique modern flair. The designs vary slightly so they are not identical and help to provide a variation between the homes and to prevent the development from having a singular design throughout the site. Although there is no dominant architectural style in the area, the design would be compatible with the existing multi-family developments in the neighborhood, as it incorporates elements seen on nearby homes such as neutral toned stucco, tile roofing, clean lines, and brick veneer (see Figure 2). Figure 1 – Existing Residences at 314-316 S. Second Avenue (top) and 324-326 S. Second Avenue (bottom) Resolution No. 2142 - MFADR 23-03, TTM 23-05 (84291), TRH 23-04, and TRE 23-10 314-326 S. Second Avenue March 12, 2024 – Page 4 of 16 All units will have four bedrooms and 5.5 bathrooms that range from 2,305 square feet to 3,207 square feet in size. Each of the units will have pedestrian access off Second Avenue through a walkway on the northwest side of the property refer to Figure 3 below. The site will have one access driveway for ingress and egress from Second Avenue. Each of the units will have a 20’ x 20’ two-car garage that will be accessed from the shared driveway. Each of the garages will meet the required 25’-0” backout space. The site will also comply with the minimum guest parking spaces of eight (8) parking spaces, and a bike rack for eight (8) spaces will be located on the north side of the property adjacent to the pedestrian entry on Second Avenue. The proposed development will have an overall building height of 33’, which is the maximum allowed height for a building with a pitched roof. The development complies with all the minimum setback requirements. Fifteen of the units will have their own private open space in the side and/or rear of the units, and one unit, Unit 11, will have 132 square foot balcony which complies with the minimum requirements of being greater than 30 inches in width and depth as their private open space. The property will also feature 633 square feet of common open space towards the rear of the property in front of Units 10 and 12, which features benches and an outdoor gas grill for residents. Figure 2 – 314 -326 S. Second Avenue Rendering Resolution No. 2142 - MFADR 23-03, TTM 23-05 (84291), TRH 23-04, and TRE 23-10 314-326 S. Second Avenue March 12, 2024 – Page 5 of 16 The proposal also includes the removal of 30 existing unprotected trees and one protected Coast Live Oak tree that is located within the front yard area at 320 S. Second Avenue to accommodate the proposed development. The proposed development will also encroach within the dripline of another protected tree, a Southern Magnolia tree, that is located within the required rear yard setback at 320 S. Second Avenue. Additional analysis will be provided later in this staff report under the Analysis section. ANALYSIS The project complies with the development standards of the R-2 zone, including, but not limited to setbacks, height, and open space. Also, the proposed project complies with the minimum parking requirements for each of the units, guest parking, and bicycles spaces. The R-2 zone requires a minimum density of two dwelling units per lot, and a maximum density of one unit per 3,750 square feet of lot area. This calculates a maximum density of 15 units for the combined lot area. However, in order to comply with the State’s “No Net Loss” law, at no time may a jurisdiction take action on a permit that will cause a Figure 3 – Site Plan N Resolution No. 2142 - MFADR 23-03, TTM 23-05 (84291), TRH 23-04, and TRE 23-10 314-326 S. Second Avenue March 12, 2024 – Page 6 of 16 shortfall of sites in the Regional Housing Needs Assessment (RHNA), therefore the project must have at least 16 units since it currently has that many units. Concurrent with the subdivision application, the Planning Commission must approve, conditionally approve, or deny the architectural design of the proposed project. The project is designed in a Contemporary architectural style – refer to Attachment No. 4 and Figure 2. There are five units that front unto Second Avenue in order to promote pedestrian areas and define the street frontage. The exterior walls of the building are proposed to be finished with a white stucco with brick veneer and vertical wood cladding which will be used to accent some exterior walls. The roof would consist of grey colored roofing tiles. Many of the elements incorporated in this design, such as the neutral tone stucco with complimentary brick veneer, pitched roof, clean lines, and articulation between the different stories are found on Second Avenue and help the project blend in with developments in the vicinity that have similar features. The massing and scale of this project will be compatible with the other multi-family developments found within this immediate neighborhood. The Contemporary style of the buildings will provide an elevated and modern look to the immediate neighborhood which is a mix of different architectural styles, heights, and massing. The Contemporary style mixes traditional elements with a modern flare which complements and elevates the streetscape. The layout of the detached units helps to achieve a smaller scale and reduce the physical mass to better blend the project in with the existing surroundings which is made up of other multifamily developments and single-family residences. The front- facing balconies will not be out of character as there are other developments that also feature front-facing balconies on the street, including a project that was recently approved by the Planning Commission. The height of the new development will be compatible with the existing developments on Second Avenue as there are other two-story developments that have building heights at approximately 30’-0” such as the adjacent property next door which features subterranean parking and two stories. Additionally, there will be landscape hedging along the perimeter of the site that would provide a buffer between the subject property and the adjacent multifamily developments and there will be a minimum of 10 feet setback from all the adjacent properties. Therefore, the proposed development and subdivision of condominiums would be consistent with the City’s General Plan, Multiple- Family Residential Design Guidelines, the Development Code, the State Subdivision Map Act, and would not violate any requirements of the California Regional Water Quality Control Board. Tree Removal The Applicant is requesting to remove one (1) protected Coast Live Oak tree on site. The tree is located in the northwest portion of the property and has a trunk diameter of 16 inches. Due to its species and size, the tree is protected per the City’s Protected Tree Ordinance and a health rating of ‘B’ (Adequate Health but with slight decline). The tree is proposed to be removed because its root would be severely encroached upon during construction of one of the units and there would be limited space for any future canopy growth. In addition, each of the buildings is at the minimum building separation, setbacks, Resolution No. 2142 - MFADR 23-03, TTM 23-05 (84291), TRH 23-04, and TRE 23-10 314-326 S. Second Avenue March 12, 2024 – Page 7 of 16 and open space requirements and to accommodate the tree would result in a bulkier and less high-quality design. As a result, the tree is proposed to be removed as noted in the Arborist Report – refer to Attachment 5 of the Arborist Report. In this case, there is sufficient justification for the removal of the tree. As a remedial measure, the project will be subject to Condition No. 3, which requires that two (2) replacement trees be planted as part of the project. However, the Applicant is proposing to plant a one (1) 60” box Coast Live Oak, and two additional 36” box Magnolia ‘Little Gem’ trees as replacement trees along the front yard in order to meet and exceed the required replacement trees, see figure 4 below. Tree Encroachment The proposed construction of Unit 10 in the rear of the property will encroach within the protected area of one (1) Southern Magnolia tree. However, no structural excavation will be taking place within the critical root zone. The tree is expected to survive as long as the Applicant adheres to the recommendations in the Arborist Report during demolition and construction and a Certified Arborist will have to be on-site during grading to ensure all the trees are protected – refer to Condition No. 4. Figure 4 – Circled in Red: Coast Live Oak (#29) to be removed, Circled in Yellow: Southern Magnolia (#31) to remain; Blue Stars are the required replacement trees. Resolution No. 2142 - MFADR 23-03, TTM 23-05 (84291), TRH 23-04, and TRE 23-10 314-326 S. Second Avenue March 12, 2024 – Page 8 of 16 FINDINGS Tentative Tract Map The proposal to subdivide the airspace for 16 residential condominium units requires a subdivision through the Tentative tract map process – see Attachment No. 3 for Tentative Tract Map No. TTM 23-05 (84291). The proposed subdivision complies with the subdivision regulations of the Arcadia Municipal Code and the Subdivision Map Act and would not violate any requirements of the California Regional Water Quality Control Board. The following findings are required for approval of a Tentative tract map: A. The proposed map, subdivision design, and improvements are consistent with the General Plan, any applicable specific plan, and the Subdivisions Division of the Development Code. Facts in Support of the Finding: The proposed tentative tract map for a 16-unit multi-family residential condominium development and subdivision of the airspace has been reviewed for compliance with the City’s General Plan and Development Code, and the Subdivision Map Act. The Project will exceed the maximum density by providing 16 residential units instead of 15 units to ensure the project complies with Government Code Section 65863 – the No Net Loss Law. The Project will not be detrimental to the General Plan Medium Density Residential Land Use designation and the R-2, Medium Density Multiple Family Residential zoning designation, respectively. These designations are intended to accommodate high density residential units such as condominiums, within the appropriate neighborhoods such as this. There is no specific plan applicable to this project. The proposed tentative tract map complies with the Subdivision Map Act because the proposed 16-unit condominium development complies with the requirements of the Subdivisions Division of the Development Code and all other City requirements to subdivide for condominium purposes. The Project would 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-4.1: Require that new multi-family residential development be visually and functionally integrated and consistent in scale, mass, and character with structures in the surrounding neighborhood. • Policy LU-4.2: Encourage residential development that enhances the visual character, quality, and uniqueness of the City’s neighborhoods and districts. Resolution No. 2142 - MFADR 23-03, TTM 23-05 (84291), TRH 23-04, and TRE 23-10 314-326 S. Second Avenue March 12, 2024 – Page 9 of 16 B. The site is physically suitable for the type and proposed density of development. Facts in Support of the Finding: The site is physically suitable for this type of development and the consolidation of the four (4) lots into one lot can accommodate the project and comply with all other applicable zoning requirements, including but not limited to parking, setbacks, height, and open space. The site will provide ample amenities for residents and will be compatible with the existing neighborhood. Since the existing site has existed for many years with 16 units without detriment, the site is suitable to replace the existing density of 16 units with 16 units. Therefore, the site is physically suitable for the proposed 16-unit multi-family residential development. C. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. Facts in Support of the Finding: The project is an infill site within an urbanized area and does not serve as a habitat for endangered or rare species. Therefore, the Project would not cause substantial environmental damage or impact wildlife. D. The design of the subdivision or type of improvements is not likely to cause serious public health or safety problems. Facts in Support of the Finding: The project is to subdivide the airspace of 16 units for condominium purposes. The construction would be in compliance with all applicable Building and Fire Codes to ensure public health and safety. While the proposed 16 units exceeds the calculated maximum allowed, the existing site has 16 units, therefore, allowing the same number of units as already exists will not be detrimental and shows the City’s existing infrastructure would adequately serve the new development. Therefore, the development would not cause any public health or safety problems. E. The design of the subdivision or the type of improvements will not conflict with easements acquired by the public at large for access through or use of, property within the proposed subdivision (This finding shall apply only to easements of record or to easements established by judgement of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision). Facts in Support of the Finding: There are three existing six-feet wide easements that will remain for utility purposes for this project. The project will not conflict with these easements as no permanent structures will be built over the easements. The 10-foot-wide utility easement that runs through the center of the Resolution No. 2142 - MFADR 23-03, TTM 23-05 (84291), TRH 23-04, and TRE 23-10 314-326 S. Second Avenue March 12, 2024 – Page 10 of 16 property shall be quitclaimed prior to approval of the Final Tract Map. Therefore, the project does not conflict with the existing easements, as acquired by the public at large for access through or use of property within the proposed subdivision. F. The discharge of sewage from the proposed subdivision into the community sewer system would not result in violation of existing requirements specified by the California Regional Water Quality Control Board. Facts in Support of the Finding: The Arcadia Public Works Services Department determined that the City’s existing infrastructure would adequately serve the new development, and the requirements of the California Regional Water Quality Control Board would be satisfied. G. The proposed design and site improvements of the subdivision conform to the regulations of the City’s Development Code and the regulations of any public agency having jurisdiction by law. Facts in Support of the Finding: The project is in conformance with all the regulations of the City’s Development Code. The project will replace the same number of units that are on the four parcels, therefore there will be no net loss from this new development. There is no other public agency that has jurisdiction over this subject site. Architectural Design Review The proposed development is located within the Medium Density Residential (R-2) Zone, which is intended to provide a variety of medium to high density residential developments. The proposed design of the 16-unit condominium project is compatible with existing multi- family developments in the surrounding neighborhood in terms of design, massing, and scale. The proposed Contemporary architectural style would be compatible with other existing multi-family developments along Second Avenue as the neighborhood is eclectic with no dominant architectural style. The architectural elements incorporated in this design, such as neutral toned stucco, tile roofing, and brick veneer, are consistent with developments in the vicinity that have similar features. Additionally, the massing and scale of the new development will not be out of character with developments in the vicinity as many of the existing multi-family developments, despite being two-stories, are around 30’ 0” in height. The proposed buildings have articulation on all facades, providing visual interest and reducing massing. The proposed design is therefore consistent with the City’s Multi-family Residential Design Guidelines. 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, Deputy Development Services Director, Fire Marshal, and Public Works Services Director, or their respective designees. Resolution No. 2142 - MFADR 23-03, TTM 23-05 (84291), TRH 23-04, and TRE 23-10 314-326 S. Second Avenue March 12, 2024 – Page 11 of 16 ENVIRONMENTAL ASSESSMENT It has been determined that the project site is less than five (5) acres; the project site has no value as a habitat for endangered, rare or threatened species; the proposed project would not have any significant effects upon the environment, and the site can be adequately served by all the required utilities and public services. Therefore, the project is exempt under Class 32 (In-Fill Development Projects) pursuant to Section 15332 of the State California Environmental Quality Act (CEQA) Guidelines. Refer to Attachment No. 5 for the Preliminary Exemption Assessment. PUBLIC NOTICE/COMMENTS A public hearing notice for this item was posted at the City Clerk’s Office, City Council Chambers, at the Arcadia Library, and on the City’s website on February 29, 2024. It was also mailed to the property owners located within 300 feet of the subject property. As of March 12, 2024, no comments were received regarding this project. The existing tenants were also notifed of the project on February 2, 2024. RECOMMENDATION It is recommended that the Planning Commission approve Multiple Family Architectural Design Review No. MFADR 23-03, Tentative Tract Map No. TTM 23-05 (84291), Healthy Tree Removal No. TRH 23-04, and Protected Tree Encroachment No. TRE 23-10, subject to the following conditions, find that the project is Categorically Exempt from the California Environmental Quality Act (CEQA), and adopt Resolution No. 2142, subject to the following conditions of approval: 1. The project shall be developed and maintained by the Applicant/Property Owner in a manner that is consistent with the plans submitted and conditionally approved for Multiple Family Architectural Design Review No. MFADR 23-03, Tentative Tract Map No. TTM 23-05 (84291), Healthy Tree Removal No. TRH 23-04, and Protected Tree Encroachment No. TRE 23-10, subject to the approval of the Deputy Development Services Director, or designee. 2. Any required mechanical equipment, such as backflow devices, visible from the public right-of-way shall be screened from public view. Screening may include landscaping, solid walls or other methods deemed appropriate for the development. The placement and height of said screening shall be subject to review and approval by the Deputy Development Services Director, or designee. 3. The Applicant/Property Owner shall plant a 60” box Coast Live Oak tree and two 36- inch box Magnolia “Little Gem” trees within the front yard area as part of the replacement trees for the removal of the healthy protected tree. These trees must be shown on the final landscape plan. The Applicant/Property Owner shall also comply with all the measures listed in the Arborist Report, dated December 9, 2023. During construction, a Certified Arborist shall be on-site to monitor and ensure Resolution No. 2142 - MFADR 23-03, TTM 23-05 (84291), TRH 23-04, and TRE 23-10 314-326 S. Second Avenue March 12, 2024 – Page 12 of 16 proper placement of the new replacement trees as well as survival of the existing protected Southern Magnolia tree. A follow-up report shall be submitted to the City prior to issuance of a Certificate of Occupancy. 4. The Applicant/Property Owner shall comply with all the measures listed in the Arborist Report, dated December 9, 2023. If the Certified Arborist determines that the tree may not survive at the time the follow-up report is prepared, then the Applicant shall plant a new 36-inch box tree on the subject site prior to issuance of a Certificate of Occupancy. The location and type shall be approved by the Deputy Development Services Director or designee. 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 the Arcadia Municipal Code Section 8130.20. 7. All utility conductors, cables, conduits and wiring supplying electrical, cable and telephone service to a multiple family building shall be installed underground except risers which are adjacent to and attached to a building. 8. A grading plan shall be prepared by a registered civil engineer and approved by the City prior to issuance of a building permit. The grading plans shall indicate all on- and off-site improvements and shall indicate complete drainage paths of all drainage water run-off. 9. A demolition permit shall be obtained from Building Services prior to the removal and/or demolition of the structures on site. 10. Prior to approval of the Tract Map, the Applicant/Property Owner shall: a. Remove existing driveway approaches and construct new driveway approach per the City’s standards. b. Remove and replace new sidewalk providing adequate path of travel in compliance with Americans with Disabilities Act (ADA). Ensure locations around obstructions provide necessary clearances. Resolution No. 2142 - MFADR 23-03, TTM 23-05 (84291), TRH 23-04, and TRE 23-10 314-326 S. Second Avenue March 12, 2024 – Page 13 of 16 c. Remove and replace curb and gutter with 2’ asphalt slot cut from property line to property line along the property frontage of Second Avenue. d. The 10-foot easement that is owned by Southern California Edison shall be quitclaimed and a copy of the recordation shall be submitted to the City prior to filing the final tract map. 11. The Applicant/Property Owner shall submit a Low Impact Development (LID) plan for this project, and it shall comply with the Los Angeles County Department of Public Works 2014 LID standard Manual and show the selected measures on the grading plan. These selected measures include, but are not limited to using infiltration trenches, bio-retention planter boxes, roof drains connected to a landscaped area, pervious concrete/paver, etc. 12. Prior to receiving a Certificate of Occupancy, the Applicant/Property Owner shall repair any damages caused by the development to the asphalt street frontages from property line to property line including but not limited to trench cuts and construction traffic, as determined by the City Engineer. 13. There is a 12-inch ductile iron water main with 80 psi static pressure that the development shall connect to on Second Avenue. for domestic water and/or fire services. The Applicant/Property Owner shall provide calculations to the Public Works Services Department to determine the total combined maximum domestic and fire demand and verify the water service size required prior to issuance of a Building Permit. 14. The Applicant/Property Owner shall install a common master water meter for the residential multi-family development. The water meter for each unit can be used to supply both domestic water services and fire services. The Applicant/Property Owner shall separate the fire service from domestic water service with an approved back flow device. 15. A separate water service and meter shall be required for common area landscape irrigation. A reduced pressure backflow device shall be installed. 16. 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 for fire service if required. 17. A Water Meter Permit Application shall be submitted to the Public Works Services Department prior to issuance of a building permit for the new development. 18. New water service installations shall be by the Applicant/Property Owner. Installation shall be according to the specifications of the Public Works Services Department, Resolution No. 2142 - MFADR 23-03, TTM 23-05 (84291), TRH 23-04, and TRE 23-10 314-326 S. Second Avenue March 12, 2024 – Page 14 of 16 Engineering Section. Abandonment of existing water services, if necessary, shall be by the Applicant/Property Owner, according to Public Works Services Department. 19. An 8” Vitrified Clay Pipe (VCP) sewer line is available on Second Avenue to provide sanitary sewer service for the project. The Applicant/Property Owner shall utilize the existing sewer lateral, if possible. If they are any changes to the existing sewer lateral, the Applicant/Property Owner shall obtain approval from the Los Angeles County Sanitation District to connect to the exiting sewer main prior to commencing work any work, and an encroachment permit from City of Arcadia. 20. If any drainage fixture elevation is lower than the elevation of next upstream manhole cover, an approved type of backwater valve is required to be installed on the lateral at the right-of-way and it shall be reviewed and approved by the Public Works Department prior to issuance of a building permit. 21. The Applicant/Property Owner shall file a Notice of Intent (NOI) with the State Water Resources Control Board for a General Construction NPDES Permit and pay applicable fees to the State Water Resources Control Board. 22. The Applicant/Property Owner shall prepare a Storm Water Pollution Prevention Plan (SWPPP) as part of the General Construction Permit requirements prior to issuance of a building permit. 23. All structures shall be provided with an automatic fire sprinkler system per the City of Arcadia Fire Department Single & Multi-Family Dwelling Sprinkler Standard. 24. A knox box shall be provided adjacent to the pedestrian and vehicle gates so that the pedestrian and vehicle entry gate shall be openable without a special key for the City of Arcadia Fire Department. 25. The Applicant/Property Owner shall comply with all City requirements regarding building safety, fire prevention, detection, suppression, emergency access, public right-of-way improvements, parking, water supply and water facilities, sewer facilities, trash reduction and recycling requirements, and National Pollutant Discharge Elimination System (NPDES) measures to the satisfaction of the Building Official, Fire Marshal, Public Works Services Director, and Deputy Development Services Director, or their respective designees. Compliance with these requirements is to be determined by having fully detailed construction plans submitted for plan check review and approval by the foregoing City officials and employees. 26. To the maximum extent permitted by law, Applicant must defend, indemnify, and hold the City, any departments, agencies, divisions, boards, and/or commissions of the City, and its elected officials, officers, contractors serving as City officials, agents, employees, and attorneys of the City (“Indemnitees”) harmless from liability for Resolution No. 2142 - MFADR 23-03, TTM 23-05 (84291), TRH 23-04, and TRE 23-10 314-326 S. Second Avenue March 12, 2024 – Page 15 of 16 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 MFADR 23-03, TTM 23-05 (84291), TRH 23-04, TRE 23-10 (“Project”) on the Project site, and which may arise from the direct or indirect operations of the Applicant or those of the Applicant’s contractors, agents, tenants, employees or any other persons acting on Applicant’s behalf, which relate to the development and/or construction of the 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 the City that the deposit has fallen below the initial amount, Applicant/Property Owner shall replenish the deposit each and every time in order for City’s legal team to continue working on the matter. The City shall only refund to the Applicant/Property Owner any unexpended funds from the deposit within 30 days of: (i) a final, non-appealable decision by a court of competent jurisdiction resolving the legal action; or (ii) full and complete settlement of legal action. The City shall have the right to select legal counsel of its choice. The parties hereby agree to cooperate in defending such action. The City will not voluntarily assist in any such third-party challenge(s). In consideration for approval of the 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. 27. Approval of for Multiple Family Architectural Design Review No. MFADR 23-03, Tentative Tract Map No. TTM 23-05 (84291), Healthy Tree Removal No. TRH 23- 04, and Protected Tree Encroachment No. TRE 23-10 shall not be in effect unless the Property Owner and Applicant have executed and filed the Acceptance Form with the City on or before 30 calendar days after the Planning Commission has adopted the Resolution. The executed Acceptance Form submitted to the Development Services Department is to indicate awareness and acceptance of the conditions of approval. Resolution No. 2142 - MFADR 23-03, TTM 23-05 (84291), TRH 23-04, and TRE 23-10 314-326 S. Second Avenue March 12, 2024 – Page 16 of 16 PLANNING COMMISSION ACTION Approval If the Planning Commission intends to approve this project, the Commission should move to approve Multiple Family Architectural Design Review No. MFADR 23-03, Tentative Tract Map No. TTM 23-05 (84291), Healthy Tree Removal No. TRH 23-04, and Protected Tree Encroachment No. TRE 23-10, and Protected Diseased Tree Removal Permit No. TRD 23-08 and state that the proposal satisfies the requisite findings, and adopt the attached Resolution No. 2142 that incorporates the requisite environmental and subdivision findings, and the conditions of approval as presented in this staff report, or as modified by the Commission. Denial If the Planning Commission is to deny this project, the Commission should state the specific findings that the proposal does not satisfy based on the evidence presented with specific reasons for denial, and move to deny Multiple Family Architectural Design Review No. MFADR 23-03, Tentative Tract Map No. TTM 23-05 (84291), Healthy Tree Removal No. TRH 23-04, and Protected Tree Encroachment No. TRE 23-10 direct staff to prepare a resolution for adoption at the next meeting that incorporates the Commission’s decision and specific findings. If any Planning Commissioner, or other interested party has any questions or comments regarding this matter prior to the March 12, 2024, Planning Commission Meeting, please contact Assistant Planner, Alison MacCarley, at (626) 547-5447, or amaccarley@ArcadiaCA.gov. Approved: Lisa L. Flores Deputy Development Services Director Attachment No. 1: Resolution No. 2142 Attachment No. 2: Aerial Photo with Zoning Information and Photos of the Subject Property and Vicinity Attachment No. 3: Tentative Tract Map No. TTM 23-05 (84291) Attachment No. 4: Architectural Plans Attachment No. 5: Arborist Reported Dated December 9, 2023 Attachment No. 6: Preliminary Exemption Assessment Attachment No. 2 Letter from Property Owner at 319 S. Second Avenue