Loading...
HomeMy WebLinkAbout8-13-24 Agenda PacketCITY OF ARCADIA Planning Commission Regular Meeting Agenda Tuesday, August 13, 2024, 7:00 p.m. Pursuant to the Americans with Disabilities Act, persons with a disability who require a disability related modification or accommodation in order to participate in a meeting, including auxiliary aids or services, may request such modification or accommodation from Planning Services at (626) 574-5423. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to the meeting. (626) 574-5423 48 Pursuant to the City of Arcadia’s Language Access Services Policy, limited-English proficient speakers who require translation services in order to participate in a meeting may request the use of a volunteer or professional translator by contacting the City Clerk’s Office at (626) 574-5455 at least 72 hours prior to the meeting. 626-574-5455 72 CALL TO ORDER ROLL CALL Vincent Tsoi, Chair Marilynne Wilander, Vice Chair David Arvizu, Commissioner Angela Hui, Commissioner Domenico Tallerico, Commissioner SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS PUBLIC COMMENTS (5 minute time limit per person) Each speaker is limited to five (5) minutes per person, unless waived by the Planning Commission. Under the Brown Act, the Commission or Board Members are prohibited from discussing or taking action on any item not listed on the posted agenda. PUBLIC HEARING All interested persons are invited to appear at a public hearing and to provide evidence or testimony concerning any of the proposed items set forth below for consideration. Separate and apart from the applicant (who may speak longer at the discretion of the Commission) speakers shall be limited to five (5) minutes per person. The applicant may additionally submit rebuttal comments, at the discretion of the Commission. Pursuant to Government Code Section 54953(b), Commissioner Tallerico will be attending the Planning Commission Meeting via teleconferencing from the Hotel Duchessa della Sila– Viale della Repubblica, 451, 87055 San Giovanni in Fiore CS, Italy at 4:00 a.m. 1 You are hereby advised that should you desire to legally challenge in court or in an administrative proceeding any action taken by the City Council regarding any public hearing item, you may be limited to raising only those issues and objections you or someone else raised at the public hearing or in written correspondence delivered to the City Council at, or prior to, the public hearing. 1. Resolution No. 2149– Approving Architectural Design Review No. ADR 24-08, Conditional Use Permit No. CUP 24-06, Healthy Tree Removal Permit No. TRH 24-04 and Protected Tree Encroachment Permit No. TRE 24-10 for a new two-story children ministry building at the Arcadia Chinese Baptist Church located at 100 W. Duarte Road CEQA: Exempt Recommendation: Adopt Applicant: Space Light Structure Design (SLSD), Inc. There is a ten day appeal period. Appeals are to be filed by 5:30 p.m. on Monday, August 26, 2024. 2. Resolution No. 2152 – Approving Conditional Use Permit No. CUP 24-01 to allow a self- service laundromat within a multiple-tenant commercial center located at 502 East Live Oak Avenue CEQA: Exempt Recommendation: Adopt Applicant: Efren Covarrubias There is a ten day appeal period. Appeals are to be filed by 5:30 p.m. on Monday, August 26, 2024. 3. Resolution No. 2151 - Approving Conditional Use Permit No. CUP 24-04 to allow a new massage business at 171 E. Live Oak Avenue Unit B CEQA: Exempt Recommendation: Adopt Applicant: Wen Sun There is a ten day appeal period. Appeals are to be filed by 5:30 p.m. on Monday, August 26, 2024. CONSENT CALENDAR All matters listed under the Consent Calendar are considered to be routine and can be acted on by one roll call vote. There will be no separate discussion of these items unless members of the Commission, staff, or the public request that specific items be removed from the Consent Calendar for separate discussion and action. 1. Minutes of the July 9, 2024, Regular Meeting of the Planning Commission Recommendation: Approve MATTERS FROM CITY COUNCIL LIAISON MATTERS FROM PLANNING COMMISSIONERS MATTERS FROM ASSISTANT CITY ATTORNEY MATTERS FROM STAFF INCLUDING UPCOMING AGENDA ITEMS 2 ADJOURNMENT The Planning Commission will adjourn this meeting to Tuesday, August 27, 2024, at 7:00 p.m. 3 Welcome to the Arcadia Planning Commission Meeting! The Planning Commission encourages public participation and invites you to share your views on City business. MEETINGS: Regular Meetings of the Planning Commission are held on the second and fourth Tuesdays of each month at 7:00 p.m. in the City Council Chambers. A full Planning Commission agenda packet with all backup information is available at City Hall, the Arcadia Public Library, and on the City’s website at www.ArcadiaCA.gov. Copies of individual Agenda Reports are available via email upon request (Planning@ArcadiaCA.gov). Documents distributed to a majority of the Planning Commission after the posting of this agenda will be available for review at the Planning Services Office in City Hall, 240 W. Huntington Drive, Arcadia, California. CITIZEN PARTICIPATION: Your participation is welcomed and invited at all Planning Commission meetings. Time is reserved at each regular meeting for those in the audience who wish to address the Planning Commission. The City requests that persons addressing the Planning Commission refrain from making personal, slanderous, profane, or disruptive remarks. When the Chair asks for those who wish to speak please come to the podium and state your name and address for the record. Please provide a copy of any written materials used in your address to the Planning Commission as well as a copy of any printed materials you wish to be distributed to the Planning Commission. MATTERS NOT ON THE AGENDA should be presented during the time designated as “PUBLIC COMMENTS.” In general, each speaker will be given (5) minutes to address the Planning Commission; however, the Chair, at his/her discretion, may shorten the speaking time limit to allow all speakers time to address the Planning Commission. By State law, the Planning Commission may not discuss or vote on items not on the agenda. The matter will automatically be referred to staff for appropriate action or response, or will be placed on the agenda of a future meeting. PUBLIC HEARINGS AND APPEALS are items scheduled for which public input is either required or desired. Separate and apart from an applicant or appellant (who may speak longer at the discretion of the Planning Commission), speakers shall be limited to (5) minutes per person. The Chair, at his/her discretion, may shorten the speaking time limit to allow all speakers to address the Planning Commission. The applicant or appellant may also be afforded an additional opportunity for rebuttal comments. AGENDA ITEMS: The Agenda contains the regular order of business of the Planning Commission. Items on the Agenda have generally been reviewed and investigated by the City Staff in advance of the meeting so that the Planning Commission can be fully informed about a matter before making its decision. CONSENT CALENDAR: Items listed on the Consent Calendar are considered to be routine by the Planning Commission and may be acted upon by one motion. There will be no separate discussion on these items unless a member of the Planning Commission, Staff, or the public so requests. In this event, the item will be removed from the Consent Calendar and considered and acted on separately. DECORUM: While members of the public are free to level criticism of City policies and the action(s) or proposed action(s) of the Planning Commission or its members, members of the public may not engage in behavior that is disruptive to the orderly conduct of the proceedings, including, but not limited to, conduct that prevents other members of the audience from being heard when it is their opportunity to speak, or which prevents members of the audience from hearing or seeing the proceedings. Members of the public may not threaten any person with physical harm or act in a manner that may reasonably be interpreted as an imminent threat of physical harm. All persons attending the meeting are expected to adhere to the City’s policy barring harassment based upon a person’s race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, gender, sexual orientation, or age. The Chief of Police, or such member or members of the Police Department, may serve as the Sergeant-at-Arms of the Planning Commission meeting. The Sergeant-at-Arms shall carry out all orders and instructions given by the presiding official for the purpose of maintaining order and decorum at the meeting. Any person who violates the order and decorum of the meeting may be placed under arrest and such person may be prosecuted under the provisions of Penal Code Section 403 or applicable Arcadia Municipal Code section. 4 (Arcadia Public Library) (www.ArcadiaCA.gov) (Planning@ArcadiaCA.gov) (City Hall, 240 W. Huntington Drive, Arcadia, California) “” (5) (5) “” “” 403 5 DATE: August 13, 2024 TO: Honorable Chairman and Planning Commission FROM: Lisa L. Flores, Deputy Development Services Director By: Edwin Arreola, Acting Senior Planner SUBJECT: RESOLUTION NO. 2149 – APPROVING ARCHITECTURAL DESIGN REVIEW NO. ADR 24-08, CONDITIONAL USE PERMIT NO. CUP 24-06, HEALTHY TREE REMOVAL PERMIT NO. TRH 24-04 AND PROTECTED TREE ENCROACHMENT PERMIT NO. TRE 24-10 FOR A NEW TWO- STORY CHILDREN MINISTRY BUILDING AT THE ARCADIA CHINESE BAPTIST CHURCH LOCATED AT 100 W. DUARTE ROAD CEQA: Exempt Recommendation: Adopt SUMMARY The Applicant, Space Light Structure Design (SLSD), Inc., on behalf of the property owner, Arcadia Chinese Baptist Church (ACBC), is requesting approval of Architectural Design Review No. ADR 24-08, Conditional Use Permit No. CUP 24-06, Healthy Tree Removal Permit No. TRH 24-04, and Protected Tree Encroachment Permit No. TRE 24- 10 for a new 9,520 square foot, two-story children ministry building at the Arcadia Chinese Baptist Church located at 100 W. Duarte Road. The building will have classrooms for Bible study and Sunday school, and it will also contain a multi-purpose hall and food preparation area for church services and events. The proposed building will require the removal of four protected trees and nine protected trees will be encroached upon by improvements to the parking lot. It is recommended that the Planning Commission adopt Resolution No. 2149 (Attachment No. 1), and find this project Categorically Exempt under the California Environmental Quality Act (CEQA), and approve Architectural Design Review No. ADR 24-08, Conditional Use Permit No. CUP 24-06, Healthy Tree Removal Permit No. TRH 24-04, and Protected Tree Encroachment Permit No. TRE 24-10, subject to the conditions listed in this staff report. 6 Arcadia Chinese Baptist Church 100 W. Duarte Road August 13, 2024 Page 2 of 16 BACKGROUND The subject site is located on the south side of W. Duarte Road. It is zoned Low Density Residential (R-1) and has a General Plan Land Use Designation of Low Density Residential. The site is approximately 2.78 acres and is currently developed with a 9,633 square foot main sanctuary building used for church services and an 8,514 square foot fellowship hall which consists of an assembly hall, offices, and classrooms. Both buildings were constructed in 1967. The site is surrounded by other R-1 zoned properties to the east, south, and west. Currently, there are also places of worship to the east and west of the lot, single-family residential homes to the south, and Arcadia High School is located to the north - refer to Figure No.1 for an aerial view of the area and Attachment No. 2 for an Aerial Photo with Zoning Information. Figure 1 – Aerial View of the Site 7 Arcadia Chinese Baptist Church 100 W. Duarte Road August 13, 2024 Page 3 of 16 PROPOSAL The Applicant is proposing to construct a new two-story, Contemporary-style, 9,520 square foot building for children ministry over a portion of the existing parking lot located at the rear of the site – refer to Attachment No. 3 for the Architectural Plans and Renderings and Figure No. 2 below for a rendering of the project. The building will consist of an 1,848 square foot multi-purpose hall, a 512 square foot food preparation area, and 14 classrooms totaling 5,616 square feet of area. The classrooms will primarily serve children between the ages of 5 to 12 for Bible study and Sunday school. The multi- purpose hall and food preparation area will be used for youth fellowship services and other church events. Additionally, a new outdoor playground is being proposed between the existing fellowship hall building and the children ministry building, and a new basketball court is proposed to the east of the children ministry building. Figure 2 – Rendering View from the Rear of the Property The proposed building will be at the maximum height of 30’-0” and will have side yard setbacks of 59’-5” on the westerly side and 147’-9” on the easterly side, whereas 40’-9” is required, and a rear yard setback of 73’-9”, whereas 40’-0” is required. Due to the construction of the proposed building within the existing parking lot, the parking lot will be reconfigured in order to meet the required parking and to improve site circulation. Landscaping improvements will be done as part of the parking lot update with the addition of plants and trees for aesthetic enhancement. Vehicular access to the site will be provided by two driveways off W. Duarte Road which will be reconstructed in approximately the same location. In terms of parking, the site will provide 135 parking spaces, whereas 129 spaces are required, including five (5) ADA parking spaces, and they will be located along the perimeter of the site (refer to Figure No. 3 below). 8 Arcadia Chinese Baptist Church 100 W. Duarte Road August 13, 2024 Page 4 of 16 Figure 3 – Site Plan The Arcadia Chinese Baptist Church (ACBC) is proposing the new building due to space constraints within their existing buildings. The main sanctuary building serves as a bilingual fellowship area for both English and Chinese services, with alternating usage times. The fellowship hall building currently houses offices and classrooms for children, youth, and adults and is used on a rotating basis for children’s Bible study and Sunday school, youth fellowship, and adult Bible study and fellowship services. Additionally, ACBC currently rents out space from the neighboring Lutheran Church of the Cross (66 W. Duarte Road) for additional Sunday school and worship group space. Therefore, ACBC is proposing the new building to allow for a dedicated area for youth and children services, allowing the existing buildings to be utilized separately for Chinese and English adult fellowships. The fellowship hall building will also have space repurposed for additional office use. Operations on the site will consist of the following: Pastoral and administrative office hours from Monday through Friday, 8:00 a.m. to 5:00 p.m. 9 Arcadia Chinese Baptist Church 100 W. Duarte Road August 13, 2024 Page 5 of 16 Chinese fellowship group, English fellowship group, youth fellowship group, and children’s Bible study on Fridays from 7:00 p.m. to 10:00 p.m. Adult fellowship groups on Saturdays from 10:00 a.m. to 1:00 p.m. and 6:00 p.m. to 9:00 p.m. English worship service, Chinese Sunday school, youth worship service, and children ministry service on Sundays from 9:00 a.m. to 10:30 a.m. Chinese worship service, English Sunday school, youth Sunday school, children ministry service on Sundays from 11:00 a.m. to 12:30 p.m. Various activities such as choir practice, praise team practice, youth praise team practice, and ministry meetings on Sundays from 1:30 p.m. to 4:00 p.m. As part of the project, four protected mature trees that are currently located within the required westerly side yard setback and with trunk diameters over 12 inches will be removed; two canary island pine trees and two carrotwood trees. These trees are in an area where the drive aisle will be reconfigured and where new parking spaces will be added to meet the current development standards. The parking spaces will be reconfigured from angled spaces to 90-degree spaces to fit additional parking and meet the minimum required parking. The Development Code requires two 24-inch box protected trees to be planted as replacements for each removed protected tree. As a result, the Applicant will be planting eight 36-inch replacement trees for the removed protected trees. Additionally, nine protected trees will also have their driplines encroached upon by new asphalt and concrete as part of the reconfiguration of the parking lot. The remaining protected trees on site will be preserved. ANALYSIS The Development Code allows places of religious assembly and their associated uses, such as Sunday schools and Bible study, in the R-1 zone subject to the approval of a Conditional Use Permit. ACBC was established prior to places of religious assembly requiring a Conditional Use Permit and has been operating as a legal nonconforming use. The newly proposed building and religious use of the building now require the approval of a Conditional Use Permit for the use. The site has been operating as a place of religious assembly for 57 years without any known issues. The proposed children ministry building is being constructed to allow for more space and flexibility for church groups to meet by providing a dedicated building to children’s Sunday school and Bible study. The building is expected to be used by existing church members and no additional traffic is expected to and from the site. Furthermore, the uses proposed within the building are auxiliary uses to the church. Therefore, the uses on site are appropriate uses for this property. The R-1 zone allows a maximum floor area ratio (FAR) of 39,202 square feet for this site. The proposed children ministry building will bring the total floor area on site to 27,667 square feet, under the required FAR. Additionally, 24.4% lot coverage is being proposed while 35% maximum lot coverage is permitted. The building will be developed at a maximum height of 30’-0” from the average existing grade of the building. The proposed building will be situated 73’-9” from the adjacent residential properties to the south, 59’- 5” from the property to the west, and 147’-9” from the property to the east. Due to the 10 Arcadia Chinese Baptist Church 100 W. Duarte Road August 13, 2024 Page 6 of 16 large setback to the rear, privacy issues are not expected for the neighboring residential properties. Additionally, the new building will only be used for children’s Sunday school and Bible study throughout the week. Therefore, there will be minimal impacts from the construction of the new building. The proposed building is designed in a Contemporary architectural style with varied massing elements that are composed of different colors and materials to help break up the building façades and provides a timeless and appropriate design for the site. The building will be placed at the rear of the fellowship hall and main sanctuary buildings. Therefore, it will not have a visible street presence but is designed in compliance with the applicable design guidelines. The proposed building will also be interconnected with the two other existing buildings through the existing covered walkways on site. The design contains architectural features such as off-white stucco and brick veneer that will match the existing buildings, curved metal roof elements that mimic the curved roof on the main sanctuary building, wood-colored metal siding, and various colored applications of plaster that serve as accents on the building. New landscaping areas around the perimeter of the building will also accentuate the look of the building. The overall design is in scale with the rest of the buildings on site, is well balanced, and aesthetically blends in with the use of neutral tone colors – refer to Attachment No. 3 for the architectural plans and Figure No. 4 for an overhead rendering. Figure 4 – Overhead Rendering from the Rear of the Property In terms of parking for places of religious assembly, the Development Code requires one parking space for every five (5) fixed seats within a church and one (1) parking space for every 35 square feet of floor area where there is no fixed seating. The main sanctuary building contains 310 fixed seats and requires a total of 62 parking spaces. The fellowship 11 Arcadia Chinese Baptist Church 100 W. Duarte Road August 13, 2024 Page 7 of 16 hall building contains 2,344 square feet of assembly space with no fixed seating and requires a total of 67 parking spaces. The children ministry building, proposed to be used for Sunday school and Bible study for the children of church members, will not create additional assembly area and will not add spaces to the parking requirement. Therefore, a total of 129 spaces are required for the site. The parking lot is being modified to provide 135 parking spaces, including five (5) spaces that comply with ADA requirements, and will meet all of the requirements for drive aisle widths, back out space, and landscaping. The Applicant provided an Arborist Report analyzing all of the trees currently on site. The report indicates that four protected mature trees consisting of two canary island pine trees and two carrotwood trees will need to be removed due to the reconfiguration of the location of these trees into parking and drive aisle area. The removal is required to provide a more efficient layout of the parking lot. As a result, the Arborist Report indicates eight 36-inch box trees on site as replacements for the removed protected trees. This includes species such as olive, fern pine, and marina strawberry trees. The nine protected trees that will be encroached upon will be required to comply with all the tree protection measures in the Arborist Report to ensure that the protected trees will not be harmed during any construction activities – refer to condition of approval no. 2 and Attachment No. 4. FINDINGS Conditional Use Permit Section 9107.09.050(B) of the Development Code requires that for a Conditional Use Permit to be granted, it must be found that all of the following prerequisite findings can be satisfied: 1. The proposed use is consistent with the General Plan and any applicable specific plan; and is allowed within the applicable zone, subject to the granting of a Conditional Use Permit, and complies with all other applicable provisions of the Development Code and the Municipal Code. Facts to Support This Finding: The proposed two-story children ministry building for Sunday school and Bible study will be associated with the primary use of a place of religious assembly and is consistent with the Arcadia General Plan which allows for other uses in the Low Density Residential Land Use Designation that are appropriate and consistent with single-family residential uses. The site is zoned R-1 (Low Density Residential) which under Development Code Section 9102.01.020, Table 2-1, allows places of religious assembly and its associated uses, subject to review and approval of a Conditional Use Permit. The new children ministry building will be used for children’s Sunday school and Bible study for the children of existing church members and allow for more space and flexibility for church groups to meet by providing a dedicated building for those uses. The proposed use will comply with all the applicable provisions of the Development Code and the Municipal Code. The proposed project will not adversely affect the comprehensive General Plan. 12 Arcadia Chinese Baptist Church 100 W. Duarte Road August 13, 2024 Page 8 of 16 2. The design, location, size, and operating characteristics of the proposed activity will be compatible with the existing and future land uses in the vicinity. Facts to Support This Finding: The proposed two-story children ministry building will provide a dedicated area for youth and children services at the existing church, allowing the existing buildings to be utilized separately for other services by the church members. The site has been operating as a legal nonconforming place of religious assembly for 57 years without any known issues. The building is expected to be used by existing church members and no additional traffic is expected to and from the site. Furthermore, the uses proposed within the building are existing auxiliary uses to the church that will only be relocated to the new building. The proposed building will be setback more than the minimum required from the adjacent residential properties to the rear and will have a parking lot and landscape buffer between the building and the residential uses. The project site is adequate in size and location to accommodate the proposed development. Therefore, the proposed activity will be compatible with the existing and future land uses in the vicinity. 3. The site is physically suitable in terms of: a. Its design, location, shape, size, and operating characteristics of the proposed use in order to accommodate the use, 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 new improvement to the site meets all of the applicable Development Code standards such as FAR, lot coverage, height, and setbacks and the 2.78-acre site is physically suitable to accommodate the proposed and existing facility. The proposed children ministry building is more than adequate in size and design for the Sunday school and Bible study uses proposed to take place within the building. The building will consist of 14 classrooms, a food preparation area, an assembly space, and restrooms. The parking lot will be modified to provide sufficient parking and new landscaping will be provided along with existing landscaping to accentuate the site. Therefore, the site is adequate to accommodate the place of religious assembly. 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 site is located along W. Duarte Road with two driveway access points to the parking lot. W. Duarte Road is adequate in width and pavement type to carry the traffic generated by the existing church use, including adequate access for emergency vehicles. The proposed new children’s ministry building will not impact these rights-of-ways, as no additional traffic is expected to be generated by the improvements on site. 13 Arcadia Chinese Baptist Church 100 W. Duarte Road August 13, 2024 Page 9 of 16 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 no additional improvements are needed to provide adequate protection services to the subject site. 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: It has been determined that the existing infrastructure and public utilities can handle the demand for the proposed children ministry building, and no upgrades are required. Therefore, no impacts to the provision of utilities are anticipated. 4. The measure of site suitability shall be required to ensure that the type, density, and intensity of use being proposed will not adversely affect the public convenience, health, interest, safety, or general welfare, constitute a nuisance, or be materially injurious to the improvements, persons, property, or uses in the vicinity and zone in which the property is located. Facts to Support This Finding: The use of the proposed building as a Sunday school and Bible study area will not adversely affect the surrounding residential and church uses. The Arcadia Chinese Baptist Church currently operates as a legal nonconforming place of religious assembly with uses such as Sunday school and Bible study. This approval will provide a dedicated area for youth and children services, which currently has to take place in a space off-site at another neighboring church. The new building will allow additional space and flexibility for the site. No additional traffic is expected to be generated as the building will serve the children of existing church members. The building proposes setbacks that exceed the minimum requirement, including a 73’-9” setback from the residential properties at the rear. Therefore, the proposed project will not adversely affect the public in general nor will it impact the uses in the vicinity and zone in which the property is located. Architectural Design Review Section 9107.19.050(F) of the Development Code requires that for an Architectural Design Review to be granted, it must be found that all of the following prerequisite findings can be satisfied: 1. The proposed development is in compliance with all applicable development standards and regulation in the Development Code. Facts to Support This Finding: The proposed children ministry building is in compliance with all of the applicable development standards for the R-1 zone, such as the FAR, lot coverage, maximum height, setbacks, and parking. Therefore, the project meets the intent of this finding. 14 Arcadia Chinese Baptist Church 100 W. Duarte Road August 13, 2024 Page 10 of 16 2. The proposed development is consistent in the objectives and standards of the applicable Design Guidelines. Facts to Support This Finding: The proposed building is designed in a Contemporary architectural style. The design contains architectural features and materials associated with the proposed architectural style and provides a timeless design that complements and is in scale with the existing buildings on site. Despite being placed away from the public right-of-way, the design of the building meets the intent of the City’s Design Guidelines by providing varied massing, materials, and articulation on each of the building façades to help break up the elevations. Therefore, the project has been designed to be consistent with the City’s Design Guidelines. 3. The proposed development is compatible in terms of scale and aesthetic design with surrounding properties and developments. Facts to Support This Finding: The proposed building is compatible in terms of scale and design with the existing buildings on site, the surrounding church properties, and the residential properties to the rear of the site. The overall design has a balanced and aesthetically pleasing design with the use of neutral tone colors and Contemporary architectural elements which give the new building a timeless look that still fits in with the older buildings on site. The size and scale of the new building will also be compatible with the existing church buildings on the site and the adjacent proprieties. The proposed building will also be setback 73’-9” from the residential properties to the rear providing a sufficient buffer and minimizing privacy between the homes and the proposed building. 4. The proposed development will have an adequate and efficient site layout in terms of access, vehicular circulation, parking, and landscaping. Facts to Support This Finding: The site will have two points of access off of W. Duarte Road. The two access points will provide efficient site circulation on the lot. The parking lot will also be modified to replace the parking spaces lost due to the construction of the proposed building. A total of 135 parking spaces will be provided, which would exceed the required 129 parking spaces. The drive aisles on site will also meet the minimum 25’-0” width required for two-way traffic. Additionally, the lot will retain much of the existing landscaping on site and new landscaping will be introduced around the proposed building to enhance the architectural design of the building. 5. The proposed development will be in compliance with all of the applicable criteria identified in Section 9107.19.040(C.5). Facts to Support This Finding: 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 15 Arcadia Chinese Baptist Church 100 W. Duarte Road August 13, 2024 Page 11 of 16 Official, City Engineer, Deputy Development Services Director, Fire Marshal, and Public Works Services Director, or their respective designees. Additionally, the proposed development will be in compliance with the General Plan, Development Code, Density Bonus law for senior housing developments, the City’s Design Guidelines, and all other applicable City regulations. Removal of a Healthy Protected Tree The following findings are required for the approval of the removal of a healthy protected tree per Development Code Section 9110.01.070.A.2. 1. Removal of a Healthy Protected Tree Facts to Support This Finding: The removal of the two protected canary island pine trees and carrotwood trees are required since they are located near the proposed new building and in the parking lot area that will need to be reconfigured to meet the required parking and drive aisle width. The removal is required to provide a more efficient layout of the parking lot which otherwise would prohibit a minimum 25’-0” wide drive aisle from being constructed along the west side of the protected trees. Eight 36- inch box trees will be planted on site as replacements for the removed protected trees. This includes olive, fern pine, and marina strawberry trees. Therefore, the removal of a healthy protected tree is warranted to accommodate the proposed development. Encroachment into a Protected Zone of Protected Trees The following findings are required for the approval of the encroachment into a protected zone of protected trees per Development Code Section 9110.01.070.A.3. 1. Encroachment into a Protected Zone of Protected Trees Facts to Support This Finding: The encroachment into the protected zone of nine protected trees is necessary for the parking lot for the site to be updated with adequate parking, drive aisles, and driveways that are in compliance with the Development Code and City requirements. The encroachments are not expected to harm the health of the protected trees and construction can adequately be done around the trees so long as work is done in compliance with the tree protection measures in the prepared Arborist Report. Therefore, the encroachment into the protected zone of the protected trees is warranted to accommodate the proposed development. 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 16 Arcadia Chinese Baptist Church 100 W. Duarte Road August 13, 2024 Page 12 of 16 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 August 1, 2024. It was also mailed to the property owners located within 300 feet of the subject property. As of August 8, 2024, no comments were received regarding this project. RECOMMENDATION It is recommended that the Planning Commission adopt Resolution No. 2149 recommending approval of Architectural Design Review No. ADR 24-08, Conditional Use Permit No. CUP 24-06, Healthy Tree Removal Permit No. TRH 24-04, and Protected Tree Encroachment Permit No. TRE 24-10 for a new 9,520 square foot, two-story children ministry building at the Arcadia Chinese Baptist Church, subject to the following conditions of approval: 1. The project shall be developed and maintained by the Property Owner/Applicant in a manner that is consistent with the plans submitted and conditionally approved for Architectural Design Review No. ADR 24-08, Conditional Use Permit No. CUP 24- 06, Healthy Tree Removal Permit No. TRH 24-04, and Protected Tree Encroachment Permit No. TRE 24-10, subject to the satisfaction of the Deputy Development Services Director or designee. 2. The Property Owner/Applicant shall comply with all the measures listed in the Arborist Report that was prepared by a Certified Arborist, dated March 22, 2024, to ensure that all protected trees will not be harmed or impacted by any construction activities. Per the Arborist Report and conceptual landscape plan, eight 36-inch box trees shall replace the removed protected trees on site. If any of the protected trees do not survive prior to issuance of a Certificate of Occupancy from the Building Division, the tree shall be replaced, and the Deputy Development Services Director or designee has the discretion to approve the tree size and its location. 3. The Property Owner/Applicant 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. The need for such repair shall be determined by the Deputy Development Services Director, the Public Works Services Director, City Engineer, or designees, during construction and up until issuance of a Certificate of Occupancy. 4. The plans that are submitted to Building Services for plan-check shall comply with the latest adopted edition of the following codes as applicable: a. California Building Code (CBC) b. California Electrical Code 17 Arcadia Chinese Baptist Church 100 W. Duarte Road August 13, 2024 Page 13 of 16 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 5. An accessible route shall be provided to the new trash enclosure. 6. Detectable warnings shall not be installed within the access aisle or within the drive aisle. 7. At least one accessible route shall connect accessible buildings, accessible elements, and accessible spaces that are on the same site. 8. The Property Owner/Applicant shall be required to remove the existing driveway approaches and construct new driveway approaches per City Standards with ADA access around each approach. 9. A Low Impact Development (LID) plan is required for this development. It shall comply with the Los Angeles County Department of Public Works 2014 LID standard manual, and the measurements must be shown on the grading plan. 10. The new building shall be fully fire sprinklered per the City of Arcadia Fire Department Commercial Sprinkler Standard. The fire sprinkler system shall be monitored by a UL listed central station. Notification appliances shall be provided in all common areas. 11. An on-site minimum 26-foot-wide fire lane shall be provided on site from each driveway opening. 12. The Property Owner/Applicant shall install a new fire hydrant on the west side of the street’s frontage of the property on W. Duarte Road. The location shall be depicted on the site plan and shall be subject to review and approval by the Fire Marshall prior to issuance of a building permit for the project. 13. Low-level exit signage shall be provided in all fire rated exit corridors. 14. The Property Owner/Applicant shall utilize the existing sewer lateral(s) if possible. If any drainage fixture elevation is lower than the elevation of the next upstream manhole cover, an approved backwater valve will be required. 15. In order to verify the required water service size for the project, the Property Owner/Applicant shall submit to the Public Works Services Department calculations for the maximum domestic use demand and maximum fire demand prior to the issuance of a building permit. Fire protection requirements shall be as stipulated by the Arcadia Fire Department and shall be conformed to Arcadia Standard Plan. 18 Arcadia Chinese Baptist Church 100 W. Duarte Road August 13, 2024 Page 14 of 16 16. The Property Owner/Applicant shall provide separate water services and meters for specific commercial and outdoor irrigation uses. An approved backflow prevention device shall be installed for each water service 17. Prior to the issuance of a building permit, the Property Owner/Applicant shall submit a Water Meter Permit Application to the Public Works Services Department. 18. The Property Owner/Applicant shall provide a new water service installation. Installation shall be according to the specifications of the Public Works Services Department, Engineering Division. Abandonment of existing water services, if necessary, shall be completed by the Property Owner/Applicant, according to Public Works Services Department, Engineering Section specifications. 19. The Property Owner/Applicant shall provide the total number of trash and recycling enclosures that will be constructed for the property, including the measurements and dimensions allotted for each enclosure. Adequate space shall be provided to accommodate the refuse and recycling needs of the property. Trash carts shall be provided for trash, recycling, and organic waste. 20. The Property Owner/Applicant shall prepare a Low Impact Development (LID) Plan. The LID Plan must be approved prior to a building permit being issued for the project. 21. The Property Owner/Applicant 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, all to the satisfaction of the Building Official, Fire Marshal, Public Works Services Director, and Deputy Development Services Director. 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. 22. To the maximum extent permitted by law, Applicant must defend, indemnify, and hold the City, any departments, agencies, divisions, boards, and/or commissions of the City, and its elected officials, officers, contractors serving as City officials, agents, employees, and attorneys of the City (“Indemnitees”) harmless from liability for damages and/or claims, actions, or proceedings for damages for personal injuries, including death, and claims for property damage, and with respect to all other actions and liabilities for damages caused or alleged to have been caused by reason of the Applicant’s activities in connection with ADR 24-08, CUP 24-06, TRH 24-04, and TRE 24-10 (“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. 19 Arcadia Chinese Baptist Church 100 W. Duarte Road August 13, 2024 Page 15 of 16 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. 23. Approval of Architectural Design Review No. ADR 24-08, Conditional Use Permit No. CUP 24-06, Healthy Tree Removal Permit No. TRH 24-04, and Protected Tree Encroachment Permit No. TRE 24-10 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 Acceptance Form to the Development Services Department is to indicate awareness and acceptance of the conditions of approval. PLANNING COMMISSION ACTION Approval If the Planning Commission intends to approve this project, the Commission should move to approve Architectural Design Review No. ADR 24-08, Conditional Use Permit No. CUP 24-06, Healthy Tree Removal Permit No. TRH 24-04, and Protected Tree Encroachment Permit No. TRE 24-10 and state that the proposal satisfies the requisite findings, and adopt the attached Resolution No. 2149 that incorporates the requisite environmental 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 20 Arcadia Chinese Baptist Church 100 W. Duarte Road August 13, 2024 Page 16 of 16 specific reasons for denial, and move to deny Architectural Design Review No. ADR 24- 08, Conditional Use Permit No. CUP 24-06, Healthy Tree Removal Permit No. TRH 24- 04, and Protected Tree Encroachment Permit No. TRE 24-10 and direct staff to prepare a resolution for adoption at the next meeting that incorporates the Commission’s decision and specific findings. If any Planning Commissioner, or other interested party has any questions or comments regarding this matter prior to the July 23, 2024, Planning Commission Meeting, please contact Acting Senior Planner, Edwin Arreola, at (626) 821-4334, or earreola@ArcadiaCA.gov. Approved: Lisa L. Flores Deputy Development Services Director Attachment No. 1: Resolution No. 2149 Attachment No. 2: Aerial Photo and Zoning Information Attachment No. 3: Architectural Plans and Renderings Attachment No. 4: Arborist Report Attachment No. 5: Preliminary Exemption Form 21 Attachment No. 1 Attachment No. 1 Resolution No. 21 22 1 RESOLUTION NO. 2149 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING ARCHITECTURAL DESIGN REVIEW NO. ADR 24-08, CONDITIONAL USE PERMIT NO. CUP 24-06, HEALTHY TREE REMOVAL PERMIT NO. TRH 24-04 AND PROTECTED TREE ENCROACHMENT PERMIT NO. TRE 24-10 FOR A NEW TWO- STORY CHILDREN MINISTRY BUILDING AT THE ARCADIA CHINESE BAPTIST CHURCH LOCATED AT 100 W. DUARTE ROAD WHEREAS, on April 23, 2024, applications for Architectural Design Review No. ADR 24-08, Conditional Use Permit No. CUP 24-06, Healthy Tree Removal Permit No. TRH 24-04, and Protected Tree Encroachment Permit No. TRE 24-10 were filed by Space Light Structure Design, Inc. (“Applicant”) on behalf of the Arcadia Chinese Baptist Church (“Property Owner”) for a new 9,520 square foot, two-story children ministry building for children’s Bible study and Sunday school services, the removal of four protected trees, and the encroachment of nine protected trees located at 100 W. Duarte Road (collectively, “Project”); and WHEREAS, on July 23, 2024, Planning Services completed an environmental assessment for the Project in accordance with the California Environmental Quality Act (“CEQA”) and recommends that the Planning Commission determine that the Project qualifies as a Class 32 Categorical Exemption under CEQA pursuant to Section 15332 of the CEQA Guidelines because the Project is considered an in-fill development project; and WHEREAS, on August 13, 2024, 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. 23 2 NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, HEREBY RESOLVES AS FOLLOWS: SECTION 1. The factual data submitted by the Development Services Department in the staff report dated August 13, 2024, are true and correct. SECTION 2. This Commission finds that based upon the entire record, all of the following findings are satisfied: Conditional Use Permit 1. The proposed use is consistent with the General Plan and any applicable specific plan; and is allowed within the applicable zone, subject to the granting of a Conditional Use Permit, and complies with all other applicable provisions of the Development Code and the Municipal Code. FACT: The Project will be associated with the primary use of a place of religious assembly and is consistent with the Arcadia General Plan which allows for other uses in the Low Density Residential Land Use Designation that are appropriate and consistent with single-family residential uses. The site is zoned R-1 (Low Density Residential) which under Development Code Section 9102.01.020, Table 2-1, allows places of religious assembly and its associated uses, subject to review and approval of a Conditional Use Permit. The new children ministry building will be used for children’s Sunday school and Bible study for the children of existing church members and allow for more space and flexibility for church groups to meet by providing a dedicated building for those uses. The Project will comply with all the applicable provisions of the Development Code and the Municipal Code. The Project will not adversely affect the comprehensive General Plan. 24 3 2. The design, location, size, and operating characteristics of the proposed activity will be compatible with the existing and future land uses in the vicinity. FACT: The Project will provide a dedicated area for youth and children services at the existing church, allowing the existing buildings to be utilized separately for other services by the church members. The site has been operating as a legal nonconforming place of religious assembly for 57 years without any known issues. The Project is expected to be used by existing church members and no additional traffic is expected to and from the site. Furthermore, the uses proposed within the Project are existing auxiliary uses to the church that will only be relocated to the new building. The Project will be setback more than the minimum required from the adjacent residential properties to the rear and will have a parking lot and landscape buffer between the building and the residential uses. The project site is adequate in size and location to accommodate the Project. Therefore, the proposed activity will be compatible with the existing and future land uses in the vicinity. 3. The site is physically suitable in terms of: a. Its design, location, shape, size, and operating characteristics of the proposed use in order to accommodate the use, 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. FACT: The Project meets all of the applicable Development Code standards such as FAR, lot coverage, height, and setbacks and the 2.78-acre site is physically suitable to accommodate the Project and the existing facility. The Project is more than adequate in size and design for the Sunday school and Bible study uses proposed to take place within the building. The Project will consist of 14 classrooms, a food preparation area, an 25 4 assembly space, and restrooms. The parking lot will be modified to provide sufficient parking and new landscaping will be provided along with existing landscaping to accentuate the site. Therefore, the site is adequate to accommodate the place of religious assembly. b. Streets and highways adequate in width and pavement type to accommodate public and emergency vehicle (e.g., fire and medical) access; FACT: The site is located along W. Duarte Road with two driveway access points to the parking lot. W. Duarte Road is adequate in width and pavement type to carry the traffic generated by the existing church use, including adequate access for emergency vehicles. The Project will not impact these rights-of-ways, as no additional traffic is expected to be generated by the improvements on site. c. Public protection services (e.g., fire protection, police protection, etc.); and FACT: The Fire and Police Departments have reviewed the application and determined that no additional improvements are needed to provide adequate protection services to the subject site. d. The provision of utilities (e.g., potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.). FACT: It has been determined that the existing infrastructure and public utilities can handle the demand for the Project, and no upgrades are required. Therefore, no impacts to the provision of utilities are anticipated. 4. The measure of site suitability shall be required to ensure that the type, density, and intensity of use being proposed will not adversely affect the public convenience, health, interest, safety, or general welfare, constitute a nuisance, or be 26 5 materially injurious to the improvements, persons, property, or uses in the vicinity and zone in which the property is located. FACT: The Project will not adversely affect the surrounding residential and church uses. The Arcadia Chinese Baptist Church currently operates as a legal nonconforming place of religious assembly with uses such as Sunday school and Bible study. This Project will provide a dedicated area for youth and children services, which currently has to take place in a space off-site at another neighboring church. The Project will allow additional space and flexibility for the site. No additional traffic is expected to be generated as the Project will serve the children of existing church members. The Project proposes setbacks that exceed the minimum requirement, including a 73’-9” setback from the residential properties at the rear. Therefore, the Project will not adversely affect the public in general nor will it impact the uses in the vicinity and zone in which the property is located. Architectural Design Review 5. The proposed development is in compliance with all applicable development standards and regulation in the Development Code. FACT: The Project is in compliance with all of the applicable development standards for the R-1 zone, such as the FAR, lot coverage, maximum height, setbacks, and parking. Therefore, the Project meets the intent of this finding. 6. The proposed development is consistent in the objectives and standards of the applicable Design Guidelines. FACT: The Project is designed in a Contemporary architectural style. The design contains architectural features and materials associated with the proposed architectural style and provides a timeless design that complements and is in scale with the existing 27 6 buildings on site. Despite being placed away from the public right-of-way, the design of the Project meets the intent of the City’s Design Guidelines by providing varied massing, materials, and articulation on each of the building façades to help break up the elevations. Therefore, the Project has been designed to be consistent with the City’s Design Guidelines. 7. The proposed development is compatible in terms of scale and aesthetic design with surrounding properties and developments. FACT: The Project is compatible in terms of scale and design with the existing buildings on site, the surrounding church properties, and the residential properties to the rear of the site. The overall design has a balanced and aesthetically pleasing design with the use of neutral tone colors and Contemporary architectural elements which gives the Project a timeless look that still fits in with the older buildings on site. The size and scale of the Project will also be compatible with the existing church buildings on the site and the adjacent proprieties. The Project will also be setback 73’-9” from the residential properties to the rear providing a sufficient buffer and minimizing privacy between the homes and the Project. 8. The proposed development will have an adequate and efficient site layout in terms of access, vehicular circulation, parking, and landscaping. FACT: The site will have two points of access off of W. Duarte Road. The two access points will provide efficient site circulation on the lot. The parking lot will also be modified to replace the parking spaces lost due to the construction of the Project. A total of 135 parking spaces will be provided, which would exceed the required 129 parking spaces. The drive aisles on site will also meet the minimum 25’-0” width required for two- 28 7 way traffic. Additionally, the lot will retain much of the existing landscaping on site and new landscaping will be introduced around the building to enhance the architectural design of the Project. 9. The proposed development will be in compliance with all of the applicable criteria identified in Section 9107.19.040(C.5). FACT: 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. Additionally, the proposed development will be in compliance with the General Plan, Development Code, Density Bonus law for senior housing developments, the City’s Design Guidelines, and all other applicable City regulations. Removal of a Healthy Protected Tree 10. Removal of a Healthy Protected Tree FACT: The removal of the two protected canary island pine trees and carrotwood trees are required since they are located near the Project and in the parking lot area that will need to be reconfigured to meet the required parking and drive aisle width. The removal is required to provide a more efficient layout of the parking lot which otherwise would prohibit a minimum 25’-0” wide drive aisle from being constructed along the west side of the protected trees. Eight 36-inch box trees will be planted on site as replacements for the removed protected trees. This includes olive, fern pine, and marina strawberry 29 8 trees. Therefore, the removal of a healthy protected tree is warranted to accommodate the proposed development. Encroachment into a Protected Zone of Protected Trees 11. Encroachment into a Protected Zone of Protected Trees FACT: The encroachment into the protected zone of nine protected trees is necessary for the parking lot for the site to be updated with adequate parking, drive aisles, and driveways that are in compliance with the Development Code and City requirements. The encroachments are not expected to harm the health of the protected trees and construction can adequately be done around the trees so long as work is done in compliance with the tree protection measures in the prepared Arborist Report. Therefore, the encroachment into the protected zone of the protected trees is warranted to accommodate the Project. SECTION 3. Pursuant to the provisions of the California Environmental Quality Act (“CEQA”), this Project is a Class 32 Categorical Exemption as an infill-development project per Section 15332 of the CEQA Guidelines. SECTION 4. For the foregoing reasons the Planning Commission determines that the Project is Categorically Exempt under the California Environmental Quality Act (“CEQA”) Section 15332 , Class 32, and approves Architectural Design Review No. ADR 24-08, Conditional Use Permit No. CUP 24-06, Healthy Tree Removal Permit No. TRH 24-04, and Protected Tree Encroachment Permit No. TRE 24-10 for a new 9,520 square foot, two-story children ministry building for children’s Bible study and Sunday school services, the removal of four protected trees, and the encroachment of nine protected trees located at 100 W. Duarte Road, subject to the conditions of approval attached hereto. 30 9 SECTION 5. The Secretary shall certify to the adoption of this Resolution. [SIGNATURES ON THE NEXT PAGE] 31 10 Passed, approved and adopted this 13th day of August, 2024. ______________________ Marilynne Wilander Vice Chair, Planning Commission ATTEST: ______________________ Lisa L. Flores Secretary APPROVED AS TO FORM: ______________________ Michael J. Maurer City Attorney ________________________________________________________ 32 11 Page Intentionally Left Blank 33 12 RESOLUTION NO. 2149 Conditions of Approval 1. The project shall be developed and maintained by the Property Owner/Applicant in a manner that is consistent with the plans submitted and conditionally approved for Architectural Design Review No. ADR 24-08, Conditional Use Permit No. CUP 24- 06, Healthy Tree Removal Permit No. TRH 24-04, and Protected Tree Encroachment Permit No. TRE 24-10, subject to the satisfaction of the Deputy Development Services Director or designee. 2. The Property Owner/Applicant shall comply with all the measures listed in the Arborist Report that was prepared by a Certified Arborist, dated March 22, 2024, to ensure that all protected trees will not be harmed or impacted by any construction activities. Per the Arborist Report and conceptual landscape plan, eight 36-inch box trees shall replace the removed protected trees on site. If any of the protected trees do not survive prior to issuance of a Certificate of Occupancy from the Building Division, the tree shall be replaced, and the Deputy Development Services Director or designee has the discretion to approve the tree size and its location. 3. The Property Owner/Applicant 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. The need for such repair shall be determined by the Deputy Development Services Director, the Public Works Services Director, City Engineer, or designees, during construction and up until issuance of a Certificate of Occupancy. 4. The plans that are submitted to Building Services for plan-check shall comply with the latest adopted edition of the following codes as applicable: a. California Building Code (CBC) 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 5. An accessible route shall be provided to the new trash enclosure. 6. Detectable warnings shall not be installed within the access aisle or within the drive aisle. 34 13 7. At least one accessible route shall connect accessible buildings, accessible elements, and accessible spaces that are on the same site. 8. The Property Owner/Applicant shall be required to remove the existing driveway approaches and construct new driveway approaches per City Standards with ADA access around each approach. 9. A Low Impact Development (LID) plan is required for this development. It shall comply with the Los Angeles County Department of Public Works 2014 LID standard manual, and the measurements must be shown on the grading plan. 10. The new building shall be fully fire sprinklered per the City of Arcadia Fire Department Commercial Sprinkler Standard. The fire sprinkler system shall be monitored by a UL listed central station. Notification appliances shall be provided in all common areas. 11. An on-site minimum 26-foot-wide fire lane shall be provided on site from each driveway opening. 12. The Property Owner/Applicant shall install a new fire hydrant on the west side of the street’s frontage of the property on W. Duarte Road. The location shall be depicted on the site plan and shall be subject to review and approval by the Fire Marshall prior to issuance of a building permit for the project. 13. Low-level exit signage shall be provided in all fire rated exit corridors. 14. The Property Owner/Applicant shall utilize the existing sewer lateral(s) if possible. If any drainage fixture elevation is lower than the elevation of the next upstream manhole cover, an approved backwater valve will be required. 15. In order to verify the required water service size for the project, the Property Owner/Applicant shall submit to the Public Works Services Department calculations for the maximum domestic use demand and maximum fire demand prior to the issuance of a building permit. Fire protection requirements shall be as stipulated by the Arcadia Fire Department and shall be conformed to Arcadia Standard Plan. 16. The Property Owner/Applicant shall provide separate water services and meters for specific commercial and outdoor irrigation uses. An approved backflow prevention device shall be installed for each water service 17. Prior to the issuance of a building permit, the Property Owner/Applicant shall submit a Water Meter Permit Application to the Public Works Services Department. 18. The Property Owner/Applicant shall provide a new water service installation. Installation shall be according to the specifications of the Public Works Services Department, Engineering Division. Abandonment of existing water services, if 35 14 necessary, shall be completed by the Property Owner/Applicant, according to Public Works Services Department, Engineering Section specifications. 19. The Property Owner/Applicant shall provide the total number of trash and recycling enclosures that will be constructed for the property, including the measurements and dimensions allotted for each enclosure. Adequate space shall be provided to accommodate the refuse and recycling needs of the property. Trash carts shall be provided for trash, recycling, and organic waste. 20. The Property Owner/Applicant shall prepare a Low Impact Development (LID) Plan. The LID Plan must be approved prior to a building permit being issued for the project. 21. The Property Owner/Applicant 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, all to the satisfaction of the Building Official, Fire Marshal, Public Works Services Director, and Deputy Development Services Director. 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. 22. To the maximum extent permitted by law, Applicant must defend, indemnify, and hold the City, any departments, agencies, divisions, boards, and/or commissions of the City, and its elected officials, officers, contractors serving as City officials, agents, employees, and attorneys of the City (“Indemnitees”) harmless from liability for damages and/or claims, actions, or proceedings for damages for personal injuries, including death, and claims for property damage, and with respect to all other actions and liabilities for damages caused or alleged to have been caused by reason of the Applicant’s activities in connection with ADR 24-08, CUP 24-06, TRH 24-04, and TRE 24-10 (“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, 36 15 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. 23. Approval of Architectural Design Review No. ADR 24-08, Conditional Use Permit No. CUP 24-06, Healthy Tree Removal Permit No. TRH 24-04, and Protected Tree Encroachment Permit No. TRE 24-10 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 Acceptance Form to the Development Services Department is to indicate awareness and acceptance of the conditions of approval. --- 37 Attachment No. 2 Attachment No. 2 Aerial with Zoning Information & Photos of the Subject Site 38 Overlays Selected parcel highlighted Parcel location within City of Arcadia N/A Property Owner(s): Lot Area (sq ft): Year Built: Main Structure / Unit (sq. ft.): R-1 (7,500) Number of Units: LDR Property Characteristics 1967 17,056 0 Property Owner Site Address:100 W DUARTE RD Parcel Number: 5782-003-026 N/A Zoning: General Plan: N/A Downtown Overlay: Downtown Parking Overlay: Architectural Design Overlay:N/A N/A N/A N/A Residential Flex Overlay: N/A N/A N/A N/A Special Height Overlay: N/A Parking Overlay: Racetrack Event Overlay: This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. Report generated 30-Jul-2024 Page 1 of 1 39 1. FRONT ELEVATION 2. WEST ELEVATION SITE AND NEIGHBOR PHOTOSARCADIA CHINESE BAPTIST CHURCH 100 W DUARTE RD, ARCADIA, CA 91007 40 3. SW BIRDS EYE VIEW 4. SE BIRDS EYE VIEW SITE AND NEIGHBOR PHOTOSARCADIA CHINESE BAPTIST CHURCH 100 W DUARTE RD, ARCADIA, CA 91007 41 5. COURTYARD - NORTH 6. SANCTUARY - WEST SITE AND NEIGHBOR PHOTOSARCADIA CHINESE BAPTIST CHURCH 100 W DUARTE RD, ARCADIA, CA 91007 42 7 8 SITE AND NEIGHBOR PHOTOSARCADIA CHINESE BAPTIST CHURCH 100 W DUARTE RD, ARCADIA, CA 91007 43 9 10 SITE AND NEIGHBOR PHOTOSARCADIA CHINESE BAPTIST CHURCH 100 W DUARTE RD, ARCADIA, CA 91007 44 11 12 SITE AND NEIGHBOR PHOTOSARCADIA CHINESE BAPTIST CHURCH 100 W DUARTE RD, ARCADIA, CA 91007 45 13 14 SITE AND NEIGHBOR PHOTOSARCADIA CHINESE BAPTIST CHURCH 100 W DUARTE RD, ARCADIA, CA 91007 46 VICINITY MAP NOT TO SCALE 1 2 3 4 5 6 SITE AND NEIGHBOR PHOTOSARCADIA CHINESE BAPTIST CHURCH 100 W DUARTE RD, ARCADIA, CA 91007 7 8 9 10 11 12 13 14 110 W DUARTE RD 47 Attachment No. 3 Attachment No. 3 48 1 4 1 4 F AI R O A K S A V E., S U I T E 3 S O U T H P A S A D E N A, C A 9 1 0 3 0 T E L: 6 2 6.7 9 9.8 8 1 8 FAX: 6 2 6. 7 9 9.8 8 2 3 Da t e : Re v i s i o n s : Da t e 100 W DUARTE RD, ARCADIA, CA 91007 ARCADIA CHINESE BAPTIST CHURCH 04 - 2 8 - 2 0 1 6 1 0 0 W E S T D U A R T E R D . , A R C A D I A , C A 9 1 0 0 7 AR C A D I A C H I N E S E B A P T I S T C H U R C H 49 1 4 1 4 F AI R O A K S A V E., S U I T E 3 S O U T H P A S A D E N A, C A 9 1 0 3 0 T E L: 6 2 6.7 9 9.8 8 1 8 FAX: 6 2 6. 7 9 9.8 8 2 3 Da t e : Re v i s i o n s : Da t e 100 W DUARTE RD, ARCADIA, CA 91007 ARCADIA CHINESE BAPTIST CHURCH 04 - 2 8 - 2 0 1 6 1 0 0 W E S T D U A R T E R D . , A R C A D I A , C A 9 1 0 0 7 AR C A D I A C H I N E S E B A P T I S T C H U R C H 50 1 4 1 4 F AI R O A K S A V E., S U I T E 3 S O U T H P A S A D E N A, C A 9 1 0 3 0 T E L: 6 2 6.7 9 9.8 8 1 8 FAX: 6 2 6. 7 9 9.8 8 2 3 Da t e : Re v i s i o n s : Da t e 100 W DUARTE RD, ARCADIA, CA 91007 ARCADIA CHINESE BAPTIST CHURCH 04 - 2 8 - 2 0 1 6 1 0 0 W E S T D U A R T E R D . , A R C A D I A , C A 9 1 0 0 7 AR C A D I A C H I N E S E B A P T I S T C H U R C H 51 1 4 1 4 F AI R O A K S A V E., S U I T E 3 S O U T H P A S A D E N A, C A 9 1 0 3 0 T E L: 6 2 6.7 9 9.8 8 1 8 FAX: 6 2 6. 7 9 9.8 8 2 3 Da t e : Re v i s i o n s : Da t e 100 W DUARTE RD, ARCADIA, CA 91007 ARCADIA CHINESE BAPTIST CHURCH 04 - 2 8 - 2 0 1 6 1 0 0 W E S T D U A R T E R D . , A R C A D I A , C A 9 1 0 0 7 AR C A D I A C H I N E S E B A P T I S T C H U R C H DE M O P L A N N O T E S 52 8727 1 4 1 4 F AI R O A K S A V E., S U I T E 3 S O U T H P A S A D E N A, C A 9 1 0 3 0 T E L: 6 2 6.7 9 9.8 8 1 8 FAX: 6 2 6. 7 9 9.8 8 2 3 Da t e : Re v i s i o n s : Da t e 100 W DUARTE RD, ARCADIA, CA 91007 ARCADIA CHINESE BAPTIST CHURCH 04 - 2 8 - 2 0 1 6 1 0 0 W E S T D U A R T E R D . , A R C A D I A , C A 9 1 0 0 7 AR C A D I A C H I N E S E B A P T I S T C H U R C H SI T E P L A N L E G E N D S SI T E P L A N N O T E S 53 1 4 1 4 F AI R O A K S A V E., S U I T E 3 S O U T H P A S A D E N A, C A 9 1 0 3 0 T E L: 6 2 6.7 9 9.8 8 1 8 FAX: 6 2 6. 7 9 9.8 8 2 3 Da t e : Re v i s i o n s : Da t e 100 W DUARTE RD, ARCADIA, CA 91007 ARCADIA CHINESE BAPTIST CHURCH 04 - 2 8 - 2 0 1 6 1 0 0 W E S T D U A R T E R D . , A R C A D I A , C A 9 1 0 0 7 AR C A D I A C H I N E S E B A P T I S T C H U R C H 54 1 4 1 4 F AI R O A K S A V E., S U I T E 3 S O U T H P A S A D E N A, C A 9 1 0 3 0 T E L: 6 2 6.7 9 9.8 8 1 8 FAX: 6 2 6. 7 9 9.8 8 2 3 Da t e : Re v i s i o n s : Da t e 100 W DUARTE RD, ARCADIA, CA 91007 ARCADIA CHINESE BAPTIST CHURCH 04 - 2 8 - 2 0 1 6 1 0 0 W E S T D U A R T E R D . , A R C A D I A , C A 9 1 0 0 7 AR C A D I A C H I N E S E B A P T I S T C H U R C H 55 1 4 1 4 F AI R O A K S A V E., S U I T E 3 S O U T H P A S A D E N A, C A 9 1 0 3 0 T E L: 6 2 6.7 9 9.8 8 1 8 FAX: 6 2 6. 7 9 9.8 8 2 3 Da t e : Re v i s i o n s : Da t e 100 W DUARTE RD, ARCADIA, CA 91007 ARCADIA CHINESE BAPTIST CHURCH 04 - 2 8 - 2 0 1 6 1 0 0 W E S T D U A R T E R D . , A R C A D I A , C A 9 1 0 0 7 AR C A D I A C H I N E S E B A P T I S T C H U R C H 56 1 4 1 4 F AI R O A K S A V E., S U I T E 3 S O U T H P A S A D E N A, C A 9 1 0 3 0 T E L: 6 2 6.7 9 9.8 8 1 8 FAX: 6 2 6. 7 9 9.8 8 2 3 Da t e : Re v i s i o n s : Da t e 100 W DUARTE RD, ARCADIA, CA 91007 ARCADIA CHINESE BAPTIST CHURCH 04 - 2 8 - 2 0 1 6 1 0 0 W E S T D U A R T E R D . , A R C A D I A , C A 9 1 0 0 7 AR C A D I A C H I N E S E B A P T I S T C H U R C H 57 G E D F C B A 1 2 6 4 6 3 5 1 4 1 4 F AI R O A K S A V E., S U I T E 3 S O U T H P A S A D E N A, C A 9 1 0 3 0 T E L: 6 2 6.7 9 9.8 8 1 8 FAX: 6 2 6. 7 9 9.8 8 2 3 Da t e : Re v i s i o n s : Da t e 100 W DUARTE RD, ARCADIA, CA 91007 ARCADIA CHINESE BAPTIST CHURCH 04 - 2 8 - 2 0 1 6 1 0 0 W E S T D U A R T E R D . , A R C A D I A , C A 9 1 0 0 7 AR C A D I A C H I N E S E B A P T I S T C H U R C H EL E V A T I O N N O T E S 58 G A B C D E F D C B A EL E V A T I O N N O T E S 1 4 1 4 F AI R O A K S A V E., S U I T E 3 S O U T H P A S A D E N A, C A 9 1 0 3 0 T E L: 6 2 6.7 9 9.8 8 1 8 FAX: 6 2 6. 7 9 9.8 8 2 3 Da t e : Re v i s i o n s : Da t e 100 W DUARTE RD, ARCADIA, CA 91007 ARCADIA CHINESE BAPTIST CHURCH 04 - 2 8 - 2 0 1 6 1 0 0 W E S T D U A R T E R D . , A R C A D I A , C A 9 1 0 0 7 AR C A D I A C H I N E S E B A P T I S T C H U R C H 59 1 4 1 4 F AI R O A K S A V E., S U I T E 3 S O U T H P A S A D E N A, C A 9 1 0 3 0 T E L: 6 2 6.7 9 9.8 8 1 8 FAX: 6 2 6. 7 9 9.8 8 2 3 Da t e : Re v i s i o n s : Da t e 100 W DUARTE RD, ARCADIA, CA 91007 ARCADIA CHINESE BAPTIST CHURCH 04 - 2 8 - 2 0 1 6 1 0 0 W E S T D U A R T E R D . , A R C A D I A , C A 9 1 0 0 7 AR C A D I A C H I N E S E B A P T I S T C H U R C H 60 1 4 1 4 F AI R O A K S A V E., S U I T E 3 S O U T H P A S A D E N A, C A 9 1 0 3 0 T E L: 6 2 6.7 9 9.8 8 1 8 FAX: 6 2 6. 7 9 9.8 8 2 3 Da t e : Re v i s i o n s : Da t e 100 W DUARTE RD, ARCADIA, CA 91007 ARCADIA CHINESE BAPTIST CHURCH 04 - 2 8 - 2 0 1 6 1 0 0 W E S T D U A R T E R D . , A R C A D I A , C A 9 1 0 0 7 AR C A D I A C H I N E S E B A P T I S T C H U R C H 61 1 4 1 4 F AI R O A K S A V E., S U I T E 3 S O U T H P A S A D E N A, C A 9 1 0 3 0 T E L: 6 2 6.7 9 9.8 8 1 8 FAX: 6 2 6. 7 9 9.8 8 2 3 Da t e : Re v i s i o n s : Da t e 100 W DUARTE RD, ARCADIA, CA 91007 ARCADIA CHINESE BAPTIST CHURCH 04 - 2 8 - 2 0 1 6 1 0 0 W E S T D U A R T E R D . , A R C A D I A , C A 9 1 0 0 7 AR C A D I A C H I N E S E B A P T I S T C H U R C H 62 Attachment No. Attachment No. 63 100 W Duarte Rd. Arcadia, CA 91007 Prepared for: Yun Wang “SLSD” 1414 Fair Oaks Ave Suite 3 South Pasadena, CA 91030 March 22, 2024 Prepared by: Javier Cabral Consulting Arborist International Society of Arborists # WE- 8116A 1390 El Sereno Ave Pasadena, California 91103 (626)818-8704 jctcabral@sbcglobal.net Yun Wang 100 W Duarte Rd. Arcadia, CA 71007 March 22, 2024 Javier Cabral / Consulting Arborist Pg. # 1 ISA Certified Arborist 31 Dec 2025 64 Table of contents Summary ----------------------------------------------------------------- pg. 3 Background and assignment Summary ------------------------------ pg. 3 Google Earth Image ----------------------------------------------------- pg. 4 List Inventory ------------------------------------------------------------ pg. 5 thru 8 Topographic Survey With Trees --------------------------------------- pg. 9 & 10 Tree Pictures ------------------------------------------------------------- pg. 11 thru 40 Tree Protection Plan ---------------------------------------------------- pg. 41 thru 43 Tree Removal Applications -------------------------------------------- pg. 44 thru 51 Tree Encroachment Application --------------------------------------- pg. 52 & 53 Arborist Signature Page ------------------------------------------------ Pg. 54 Assumptions & Limiting Conditions Summary --------------------- pg. 55 Yun Wang 100 W Duarte Rd. Arcadia, CA 71007 March 22, 2024 Javier Cabral / Consulting Arborist Pg. # 2 65 Summary Ms. Wang, You have retained my consulting arborist services to provide a tree inventory and protection plan for the property described as 100 W Duarte Rd. Arcadia, CA 91007. You are in the planning process of an addition to the buildings and will need to encroach and remove or transplant several protected trees on this property. The proposed demolition and construction is expected to have minimal impact to all the protected trees that will remain due to the substantial distance of excavations, trenches, and footings to the tree trunks. A complete tree protection plan will be included to protect above and below ground tree parts from physical damage, soil compaction, and chemical damage. Background and assignment SLSD is a luxury home designing corporation that has been hired to design the proposed home and separate structures. Ms. Wang has requested that I provide the following arboricultural services. 1) Identify all trees on the property and label them on the site plan. 2) Evaluate the current health and possible impacts of the proposed construction based on the provided site plan and make recommendations. 3) Provide a tree protection plan that will help ensure the short and long term health of the tees during and after construction activities are completed. The following report is based on my analysis of the trees and surrounding landscape. For the purpose of this report I will address these trees as Trees # 1 thru 71. Yun Wang 100 W Duarte Rd. Arcadia, CA 71007 March 22, 2024 Javier Cabral / Consulting Arborist Pg. # 3 66 Google Earth Image Yun Wang 100 W Duarte Rd. Arcadia, CA 71007 March 22, 2024 Javier Cabral / Consulting Arborist Pg. # 4 67 List Inventory pg. 1 Yun Wang 100 W Duarte Rd. Arcadia, CA 71007 March 22, 2024 Javier Cabral / Consulting Arborist Pg. # 5 68 List Inventory pg. 2 Yun Wang 100 W Duarte Rd. Arcadia, CA 71007 March 22, 2024 Javier Cabral / Consulting Arborist Pg. # 6 69 List Inventory pg. 3 Yun Wang 100 W Duarte Rd. Arcadia, CA 71007 March 22, 2024 Javier Cabral / Consulting Arborist Pg. # 7 70 List Inventory pg.4 Yun Wang 100 W Duarte Rd. Arcadia, CA 71007 March 22, 2024 Javier Cabral / Consulting Arborist Pg. # 8 71 Demo Plan With Trees Yun Wang 100 W Duarte Rd. Arcadia, CA 71007 March 22, 2024 Javier Cabral / Consulting Arborist Pg. # 9 72 Demo Plan With Trees Yun Wang 100 W Duarte Rd. Arcadia, CA 71007 March 22, 2024 Javier Cabral / Consulting Arborist Pg. # 10 73 Trees # 1 & 2 (facing northeast) Yun Wang 100 W Duarte Rd. Arcadia, CA 71007 March 22, 2024 Javier Cabral / Consulting Arborist Pg. # 11 Tree # 2 Tree # 1 74 Trees # 3 thru 6 (facing northwest) Yun Wang 100 W Duarte Rd. Arcadia, CA 71007 March 22, 2024 Javier Cabral / Consulting Arborist Pg. # 12 75 Tree # 7 & 8 (facing northeast) Yun Wang 100 W Duarte Rd. Arcadia, CA 71007 March 22, 2024 Javier Cabral / Consulting Arborist Pg. # 13 Tree # 8 Tree # 7 Tree # 6 76 Trees # 9 thru 10 (facing west) Yun Wang 100 W Duarte Rd. Arcadia, CA 71007 March 22, 2024 Javier Cabral / Consulting Arborist Pg. # 14 Tree # 9 Tree # 10 77 Tree # 11 (facing west) Yun Wang 100 W Duarte Rd. Arcadia, CA 71007 March 22, 2024 Javier Cabral / Consulting Arborist Pg. # 15 Tree # 11 78 Trees # 12 & 13 (facing west) Yun Wang 100 W Duarte Rd. Arcadia, CA 71007 March 22, 2024 Javier Cabral / Consulting Arborist Pg. # 16 79 Trees # 14 & 15 (facing west) Yun Wang 100 W Duarte Rd. Arcadia, CA 71007 March 22, 2024 Javier Cabral / Consulting Arborist Pg. # 17 Tree # 14 Tree # 15 80 Trees # 16 & 17 (facing southwest) Yun Wang 100 W Duarte Rd. Arcadia, CA 71007 March 22, 2024 Javier Cabral / Consulting Arborist Pg. # 18 Tree # 16 Tree # 17 81 Trees # 18 thru 21 (facing southwest) Yun Wang 100 W Duarte Rd. Arcadia, CA 71007 March 22, 2024 Javier Cabral / Consulting Arborist Pg. # 19 Tree # 21 Tree # 19 82 Trees # 22 thru 24 (facing south) Yun Wang 100 W Duarte Rd. Arcadia, CA 71007 March 22, 2024 Javier Cabral / Consulting Arborist Pg. # 20 Tree # 22 Tree # 24 Tree # 23 83 Trees # 25 thru 28 (facing southeast) Yun Wang 100 W Duarte Rd. Arcadia, CA 71007 March 22, 2024 Javier Cabral / Consulting Arborist Pg. # 21 84 Trees # 29 thru 32 (facing west) Yun Wang 100 W Duarte Rd. Arcadia, CA 71007 March 22, 2024 Javier Cabral / Consulting Arborist Pg. # 22 85 Trees # 33 thru 38 (facing north) Yun Wang 100 W Duarte Rd. Arcadia, CA 71007 March 22, 2024 Javier Cabral / Consulting Arborist Pg. # 23 Tree # 38 86 Tree # 39 (facing east) Yun Wang 100 W Duarte Rd. Arcadia, CA 71007 March 22, 2024 Javier Cabral / Consulting Arborist Pg. # 24 Tree # 39 87 Trees # 40 & 41 (facing southwest) Yun Wang 100 W Duarte Rd. Arcadia, CA 71007 March 22, 2024 Javier Cabral / Consulting Arborist Pg. # 25 Tree # 41 Tree # 40 88 Trees # 42 thru 43 (facing south) Yun Wang 100 W Duarte Rd. Arcadia, CA 71007 March 22, 2024 Javier Cabral / Consulting Arborist Pg. # 26 Tree # 42 Tree # 43 89 Trees # 43 thru 48 (facing north) Yun Wang 100 W Duarte Rd. Arcadia, CA 71007 March 22, 2024 Javier Cabral / Consulting Arborist Pg. # 27 90 Tree # 49 (facing northwest) Yun Wang 100 W Duarte Rd. Arcadia, CA 71007 March 22, 2024 Javier Cabral / Consulting Arborist Pg. # 28 Tree # 49 91 Tree # 50 (facing west) Yun Wang 100 W Duarte Rd. Arcadia, CA 71007 March 22, 2024 Javier Cabral / Consulting Arborist Pg. # 29 Tree # 50 92 Trees # 51 thru 54 (facing south) Yun Wang 100 W Duarte Rd. Arcadia, CA 71007 March 22, 2024 Javier Cabral / Consulting Arborist Pg. # 30 Tree # 51 Tree # 52 Tree # 53 Tree # 54 93 Tree # 55 (facing east) Yun Wang 100 W Duarte Rd. Arcadia, CA 71007 March 22, 2024 Javier Cabral / Consulting Arborist Pg. # 31 Tree # 55 94 Trees # 56 (facing east) Yun Wang 100 W Duarte Rd. Arcadia, CA 71007 March 22, 2024 Javier Cabral / Consulting Arborist Pg. # 32 Tree # 56 95 Tree 57 (facing southeast) Yun Wang 100 W Duarte Rd. Arcadia, CA 71007 March 22, 2024 Javier Cabral / Consulting Arborist Pg. # 33 Tree # 57 96 Trees # 58 thru 59 (facing west) Yun Wang 100 W Duarte Rd. Arcadia, CA 71007 March 22, 2024 Javier Cabral / Consulting Arborist Pg. # 34 Tree # 58 Tree # 59 97 Trees # 60 thru 61 (facing south) Yun Wang 100 W Duarte Rd. Arcadia, CA 71007 March 22, 2024 Javier Cabral / Consulting Arborist Pg. # 35 Tree # 60 Tree # 61 98 Trees # 62 thru 64 (facing southeast) Yun Wang 100 W Duarte Rd. Arcadia, CA 71007 March 22, 2024 Javier Cabral / Consulting Arborist Pg. # 36 Tree # 62 Tree # 63 99 Tree # 65 (facing south) Yun Wang 100 W Duarte Rd. Arcadia, CA 71007 March 22, 2024 Javier Cabral / Consulting Arborist Pg. # 37 Tree # 65 100 Trees # 66 thru 68 (facing south) Yun Wang 100 W Duarte Rd. Arcadia, CA 71007 March 22, 2024 Javier Cabral / Consulting Arborist Pg. # 38 Tree # 66 Tree # 67 Tree # 68 101 Trees # 69 & 70 (facing south) Yun Wang 100 W Duarte Rd. Arcadia, CA 71007 March 22, 2024 Javier Cabral / Consulting Arborist Pg. # 39 Tree # 69 Tree # 70 102 Tree # 71 (facing south) Yun Wang 100 W Duarte Rd. Arcadia, CA 71007 March 22, 2024 Javier Cabral / Consulting Arborist Pg. # 40 Tree # 71 103 General Tree Protection Guidelines 1) Avoid damaging the roots, stem, and branches with mechanical and manual equipment. No roots shall be severed within the Tree Protection Zone “TPZ” which is the same as the area within the Tree Protection Fencing “TPF.” Roots greater than two inches in diameter outside of the TPZ shall be cleanly severed with a sharp tool such as a hand saw or manual pruners. 2) Avoid soil compaction by prohibiting the use of heavy equipment such as backhoes and bobcats under the tree drip line. If access within the TPZ is required during the construction process, the route shall be covered in a 6-inch layer of mulch in the TPZ and the area shall be aerated and fertilized at the conclusion of construction. 3) Do not store or park tools, equipment, vehicles, or chemicals under the tree drip line. No equipment or debris of any kind shall be placed within the TPZ. No fuel, paint, solvent oil, thinner, asphalt, cement, grout, or any other construction chemical shall be stored or allowed in any manner to enter within the TPZ. 4) Avoid washing of equipment and tools such as wheel barrels, shovels, and mechanical motors under the tree drip line. 5) Prevent flooding and pooling of service water under the drip line. Grade changes that will flood the TPZ are prohibited unless a drainage plan is implemented. No grade changes within the TPZ shall be allowed. 6) Avoid cutting tree roots whenever possible. This can sometimes be accomplished by bridging roots, tunneling, or radial trenching. If roots must be cut use a sharp tool that will make a clean flush cut and not tear the roots. If possible, all digging under the tree drip line should be done manually to avoid tearing out of roots. Roots outside of the TPZ may be cleanly severed vertically with a sharp garden tool. 7) Do not raise or lower the grade within the tree protection zone of any protected trees unless approved by the project arborist. Roots greater than 1 inch in diameter that are exposed or damaged shall be cut with a sharp tool such as a hand saw, pruners, or loppers and covered with soil in conformance to industry standards. If any work is required within the TPZ the Arborist shall be consulted previous to beginning. The Arborist shall be contacted as soon as possible to arrange for a timely inspection and prevent delays. Yun Wang 100 W Duarte Rd. Arcadia, CA 71007 March 22, 2024 Javier Cabral / Consulting Arborist Pg. # 41 104 8) Place a protective barrier or temporary fencing as directed by the consulting arborist in the diagram below. The protection fencing shall be in place before demolition begins and shall only be removed or reduced when all heavy equipment such as back-hoes, bobcats, loaders, and other heavy equipment with tires and tracks will not be required. Fencing can be adjusted, or sections reduced or removed as the project advances into the landscaping phases of the project. The consulting arborist shall be contacted if there are doubts about the placement or removal of fencing. 9) Landscape preparation & excavation within the TPZ shall be limited to the use of hand tools and small hand-held power tools and shall not be of a depth that could cause root damage. No attachments or wires other than those of a protective or non-damaging method shall be attached to a protected tree. 10) Construction personnel should be briefed on the importance of the guidelines before construction begins and reminded of it during tailgate meetings and as necessary. A printed copy should be posted where employees can be reminded of it. 11) All protected trees shall be watered before, during, and after construction as needed to prevent drought stress and tree death until sprinklers have been installed and are functional. Yun Wang 100 W Duarte Rd. Arcadia, CA 71007 March 22, 2024 Javier Cabral / Consulting Arborist Pg. # 42 105 Demo Plan With Protection Fencing Yun Wang 100 W Duarte Rd. Arcadia, CA 71007 March 22, 2024 Javier Cabral / Consulting Arborist Pg. # 43 106 Removal Application Tree #19 (Pg. 1) Yun Wang 100 W Duarte Rd. Arcadia, CA 71007 March 22, 2024 Javier Cabral / Consulting Arborist Pg. # 44 107 Removal Application Tree #19 (Pg. 2) Yun Wang 100 W Duarte Rd. Arcadia, CA 71007 March 22, 2024 Javier Cabral / Consulting Arborist Pg. # 45 108 Removal Application Tree #29 (Pg. 1) Yun Wang 100 W Duarte Rd. Arcadia, CA 71007 March 22, 2024 Javier Cabral / Consulting Arborist Pg. # 46 109 Removal Application Tree #29 (Pg. 2) Yun Wang 100 W Duarte Rd. Arcadia, CA 71007 March 22, 2024 Javier Cabral / Consulting Arborist Pg. # 47 110 Removal Application Tree #30 (Pg. 1) Yun Wang 100 W Duarte Rd. Arcadia, CA 71007 March 22, 2024 Javier Cabral / Consulting Arborist Pg. # 48 111 Removal Application Tree #30 (Pg. 2) Yun Wang 100 W Duarte Rd. Arcadia, CA 71007 March 22, 2024 Javier Cabral / Consulting Arborist Pg. # 49 112 Removal Application Tree #59 (Pg. 1) Yun Wang 100 W Duarte Rd. Arcadia, CA 71007 March 22, 2024 Javier Cabral / Consulting Arborist Pg. # 50 113 Removal Application Tree #59 (Pg. 2) Yun Wang 100 W Duarte Rd. Arcadia, CA 71007 March 22, 2024 Javier Cabral / Consulting Arborist Pg. # 51 114 Encroachment Application Trees # 3, 9, 10, 21, 39, 49, 58, 62, & 63 (Pg. 1) Yun Wang 100 W Duarte Rd. Arcadia, CA 71007 March 22, 2024 Javier Cabral / Consulting Arborist Pg. # 52 115 Encroachment Application Trees # 3, 9, 10, 21, 39, 49, 58, 62, & 63 (Pg. 2) Yun Wang 100 W Duarte Rd. Arcadia, CA 71007 March 22, 2024 Javier Cabral / Consulting Arborist Pg. # 53 116 Yun Wang 100 W Duarte Rd. Arcadia, CA 71007 March 22, 2024 Javier Cabral / Consulting Arborist Pg. # 54 117 Certificate of Performance & Arborists Disclosure Statement I Javier Cabral certify the following: No warranty is made, expressed or implied, that problems or deficiencies of the trees or the property will not occur in the future, from any cause. The Arborist shall not be responsible for damages or injuries caused by any tree defects and assume no responsibility for the correction of defects or tree related problems. The Arborist assumes no responsibility for damage to trees as a result of the construction activities as the Arborist cannot be present at all times to witness all construction tasks near the subject trees. The owner and client of the trees may choose to accept or disregard the recommendations of the Arborist or seek additional advice if the owner decides not to accept the Arborists findings or recommendations. The Arborist has no past, present or future interest in the removal or preservation of any tree. The opinions contained in the Arborist report are independent and objective judgements of the Arborist. The findings, opinions, and recommendations of the Arborist are based on based on the physical inspection of said property. The opinions are based on knowledge, experience, and education. The Arborist shall not be required to provide testimony, provide site monitoring, provide further documentation for changes beyond the control of the Arborist, be deposed, or to attend any meeting without contractual arrangements for additional fees to the Arborist. The Arborist assumes no responsibility for verification of ownership or location of property lines, or for any recommendations based on inaccurate information. This Arborist report may not be reproduced without the expressed written permission of the Arborist and the client to whom the report was provided to. Any changes or alteration of this report invalidates the entire report. health of trees, make recommendations to prevent or minimize damage to trees during and after construction projects, and attempt to reduce the risk of living near trees. Clients may Yun Wang 100 W Duarte Rd. Arcadia, CA 71007 March 22, 2024 Javier Cabral / Consulting Arborist Pg. # 55 118 Attachment No. 5 Attachment No. 5 Preliminary Exemption Assessment 119 Preliminary Exemption Assessment FORM “A” PRELIMINARY EXEMPTION ASSESSMENT 1.Name or description of project:ADR 24-08, CUP 24-06, TRH 24-04, and TRE 24-10 with a Categorical Exemption under the California Environmental Quality Act ("CEQA") Section 15332 to allow a new two-story children ministry building. 2.Project Location – Identify street address and cross streets or attach a map showing project site (preferably a USGS 15’ or 7 1/2’ topographical map identified by quadrangle name): 100 W. Duarte Rd. – The site is located on the south side of W. Duarte Rd. between El Monte Ave. and S. Santa Anita Ave. 3.Entity or person undertaking project: A. B.Other (Private) (1)Name SLSD, Inc., Applicant (2)Address 1414 Fair Oaks Ave., Suite 3 South Pasadena, CA 91030 4.Staff Determination: The Lead Agency’s Staff, having undertaken and completed a preliminary review of this project in accordance with the Lead Agency's "Local Guidelines for Implementing the California Environmental Quality Act (CEQA)" has concluded that this project does not require further environmental assessment because: a.The proposed action does not constitute a project under CEQA. b.The project is a Ministerial Project. c.The project is an Emergency Project. d.The project constitutes a feasibility or planning study. e.The project is categorically exempt. Applicable Exemption Class: 15332 – Class 32 (In-fill development project) f.The project is statutorily exempt. Applicable Exemption: g.The project is otherwise exempt on the following basis: h.The project involves another public agency which constitutes the Lead Agency. Name of Lead Agency: Date: July 23, 2024 Staff: Edwin Arreola, Acting Senior Planner 120 DATE: August 13, 2024 TO: Honorable Chair and Planning Commission FROM: Lisa L. Flores, Deputy Development Services Director By: Gary Yesayan, Associate Planner SUBJECT: RESOLUTION NO. 2152 APPROVING CONDITIONAL USE PERMIT NO. CUP 24-01 TO ALLOW A SELF-SERVICE LAUNDROMAT WITHIN A MULTIPLE-TENANT COMMERCIAL CENTER LOCATED AT 502 EAST LIVE OAK AVENUE CEQA: Exempt Recommendation: Adopt SUMMARY The Applicant, Efren Covarrubias, is requesting approval of Conditional Use Permit No. CUP 24-01 to allow a self-service laundromat within an existing multiple-tenant retail center located at 502 E. Live Oak Avenue. It is recommended that the Planning Commission adopt Resolution No. 2152 (Attachment No. 1), find this project Categorically Exempt under the California Environmental Quality Act (CEQA), and approve Conditional Use Permit No. CUP 24-01, subject to the conditions of approval listed in this staff report. BACKGROUND The subject site is located at the southeast corner of E. Live Oak Avenue and Lenore Avenue and the property is split into two separate parcels. The main parcel has the multi- tenant building and the second parcel, that is under the same ownership, is located to the south of the alleyway and serves as a parking lot for this site (refer to Figure 1 on page 2). The site is zoned General Commercial (C-G) with a General Plan Land Use Designation of Commercial require a Conditional Use Permit (CUP) Refer to Attachment No. 2 for an aerial image, photos and zoning information of the subject property). The Applicant is proposing to combine two of the units that are side-by-side as one unit for the proposed laundromat. The subject unit was previously occupied by a laundromat and the adjacent unit was a dry-cleaner. Other tenants at this center include a restaurant, a store that sells filtered water, a liquor store, a martial arts studio, and a massage spa. The center has a total of 24 on-site surface parking spaces (13 parking spaces are at the front of the retail center building, and 11 parking spaces to the rear). This will be the 121 Resolution No. 2152 - CUP 24-01 502 E. Live Oak Avenue August 13, 2024 - Page 2 of 8 Applicant has had that facility since 2013. Figure 1 - Subject Site and Unit Other tenants at this center include a restaurant, a store that sells filtered water, a liquor store, a martial arts studio, and a massage spa. The center has a total of 24 on-site surface parking spaces (13 parking spaces are at the front of the retail center building, and 11 parking spaces to the rear). This will be the Applicant . The other laundromat is in the City of El Monte, and he has had that facility since 2013. PROPOSAL The proposed self-service laundromat will consist of 28 washing machines and 29 dryers (single and stacked machines). The unit will also include a utility room and a restroom. The proposed hours of operation will be from 6:00 a.m. to 10:00 p.m. seven (7) days a week. Typically, they will have up to two (2) employees that will be there on an as-needed basis to either maintain the machine or clean the facility. Figure 2 Front Elevation of Subject Units 122 Resolution No. 2152 - CUP 24-01 502 E. Live Oak Avenue August 13, 2024 - Page 3 of 8 ANALYSIS Personal restricted use, such as a laundromat, is subject to a Conditional Use Permit in the C-G, General Commercial zone. The laundromat will be compatible with the other uses at this center since a laundromat was there since 1982 and it provides a commercial service that is compatible to the mixture of other commercial businesses along Live Oak Avenue and the adjacent uses in this center such as the restaurant, a retail store, martial art studio, and a massage spa. Parking Figure 3 - Parking Demand 123 Resolution No. 2152 - CUP 24-01 502 E. Live Oak Avenue August 13, 2024 - Page 4 of 8 Therefore, the site always has a surplus of parking, even though the Code requires more based on the demand. The site has also been inspected by City Staff multiple times during business hours on different days. During visits, staff observed at least ten (10) or more available parking spaces. This is consistent with the provided parking analysis. In addition to available street parking, the site provides ample on-site parking at the front and rear based on the parking demand. FINDINGS Section 9107.09.050(B) of the Development Code requires that the Planning Commission may approve a Conditional Use Permit if all the following findings can be made: 1. The proposed use is consistent with the General Plan and any applicable specific plan; and is allowed within the applicable zone, subject to the granting of a Conditional Use Permit, and complies with all other applicable provisions of the Development Code and the Municipal Code. Facts to Support This Finding: The proposed use is consistent with the Arcadia General Plan which allows for a wide-range of commercial uses, including personal services-restricted uses such as self-service laundromats. The site is zoned C-G (General Commercial) which under Development Code Section 9102.03.020, Table 2-8, allows personal services-restricted uses as a proposed use, subject to review and approval of a Conditional Use Permit. The proposed use will occupy two of the vacant units within an existing neighborhood shopping center and the proposed business will comply with all the applicable provisions of the Development Code and the Municipal Code. The proposed use is complementary to the surrounding commercial uses as there are other similar businesses serving the same range of customers such as retail stores and restaurants. The proposed use is consistent with the following General Plan Land Use Policy: Land Use and Community Design Element Policy LU-6.7: Encourage a balanced distribution of commercial development throughout the City, ensuring that neighborhoods and districts have adequate access to local-serving commercial uses. 2. The design, location, size, and operating characteristics of the proposed activity will be compatible with the existing and future land uses in the vicinity. Facts to Support This Finding: The proposed self-service laundromat will merge and occupy two of the vacant units within an existing multi-tenant commercial building with a combined floor area of 2,154 square feet. The commercial center includes several other complementary businesses such a restaurant, water and liquor stores, a martial arts studio, and a massage spa. General Plan for development in the General Commercial (C-G) zones. The proposed self-service laundromat will consist of 28 washing machines and 29 dryers (both single and stacked dryer units), a utility room, and a restroom. The proposed hours of operation are 6:00 a.m. to 10:00 p.m. seven (7) days a week. The number of employees will be a maximum of two (2), primarily service technicians who are not on- 124 Resolution No. 2152 - CUP 24-01 502 E. Live Oak Avenue August 13, 2024 - Page 5 of 8 site full time. The use will require interior tenant improvement subject to building permits. No exterior changes are proposed to accommodate the use. As such, the proposed activity will be compatible with the existing and future land uses in the vicinity. 3. The site is physically suitable in terms of: a. Its design, location, shape, size, and operating characteristics of the proposed use in order to accommodate the use, site improvements, loading, and parking. Facts to Support This Finding: The proposed self-service laundromat will be located within an existing multi-tenant building. The site can accommodate this use as there is sufficient parking and clear access from two separate streets, E. Live Oak Avenue and Lenore Avenue. The proposed laundromat will include new machines that are more efficient and run quieter without potential disturbance to the neighboring businesses. No exterior modifications to the building are proposed and site improvements are not necessary for the proposed use other than interior tenant improvements. Since the proposed units to be merged were previously also cleaners, there is existing infrastructure available for the new laundromat. Therefore, the unit and site are suitable for the proposed use. b. Streets and highways adequate to accommodate public and emergency vehicle (e.g., fire and medical) access. Facts to Support This Finding: The site is a corner lot located at the southeast corner of East Live Oak Avenue and Lenore Avenue, with access for public and emergency vehicles to the retail center from both streets. These streets are adequate in width and pavement type for public and emergency vehicles. The proposed self-service laundromat will not impact these rights-of-ways. 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 for the proposed laundromat and determined that no additional improvements are needed to provide adequate fire or police protection services to the subject site. 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: The subject unit is located within an existing commercial building in a multi-tenant commercial center, which is adequately serviced by existing utilities. The proposal does not include new construction that will impact the provision of utilities, nor will it be operated in a manner that will impact the provisions of utilities. Therefore, no impacts to the provision of utilities are anticipated. 125 Resolution No. 2152 - CUP 24-01 502 E. Live Oak Avenue August 13, 2024 - Page 6 of 8 4. The measure of site suitability shall be required to ensure that the type, density, and intensity of use being proposed will not adversely affect the public convenience, health, interest, safety, or general welfare, constitute a nuisance, or be materially injurious to the improvements, persons, property, or uses in the vicinity and zone in which the property is located. Facts to Support This Finding: The proposed self-service laundromat will provide a service in compliance with and pursuant to the Arcadia Development Code. The proposed business will not be detrimental to public health or welfare, or the surrounding properties, as the site is located on a commercial corridor with a diverse type of businesses that serve the surrounding communities. The size and nature of the proposed use will be compatible with the site and other existing uses within the area. Therefore, the site is suitable for the proposed use. ENVIRONMENTAL IMPACT It has been determined that the project qualifies as a Class 1 Categorical Exemption per the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines for the use of an existing facility (See Attachment No. 4). PUBLIC COMMENTS/NOTICE website. It was also mailed to the property owners located within 300 feet of the subject property. At the time of the completion of this report, no comments were received regarding this project. RECOMMENDATION It is recommended that the Planning Commission adopt Resolution No. 2152 approving Conditional Use Permit No. CUP 24-01 for a proposed self-service laundromat at 502 E. Live Oak Avenue, and find that the project is Categorically Exempt under the California Environmental Quality Act (CEQA), subject to the following conditions of approval: 1. The use approved by CUP 24-01 shall be limited to a self-service laundromat with hours of operation from 6:00 a.m. to 10:00 p.m. seven (7) days a week. The business shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 24-01, and shall be subject to periodic inspections, after which the conditions of this Conditional Use Permit may be adjusted after due notice to address any adverse impacts to the neighboring businesses and properties, including loitering. 2. 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. The changes to the existing facility may be 126 Resolution No. 2152 - CUP 24-01 502 E. Live Oak Avenue August 13, 2024 - Page 7 of 8 subject to building permits after having fully detailed plans submitted for plan check review and approval by the aforementioned City officials. 3. 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, e 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 24-01 and which may arise from the direct or indirect operations of the Applicant or those ment 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 Indemn 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, A legal team to continue working on the matter. The City shall only refund to the Developer any unexpended funds from the deposit within 30 days of: (i) a final, non- appealable decision by a court of competent jurisdiction resolving the legal action; or (ii) full and complete settlement of legal action. The City shall have the right to select legal counsel of its choice. The parties hereby agree to cooperate in defending such action. The City will not voluntarily assist in any such third-party challenge(s). In consideration for approval of the Project, this condition shall remain in effect if the entitlement(s) related to this Project is rescinded or revoked, at the request of the Applicant or not. 4. Noncompliance with the plans, provisions, and conditions of approval for CUP 24- 01 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the laundromat. 5. Approval of CUP 24-01 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 127 Resolution No. 2152 - CUP 24-01 502 E. Live Oak Avenue August 13, 2024 - Page 8 of 8 Acceptance Form to the Development Services Department is to indicate awareness and acceptance of the conditions of approval. PLANNING COMMISSION ACTION Approval If the Planning Commission intends to approve this proposal, the Commission should approve a motion to approve Conditional Use Permit No. CUP 24-01 stating that the proposal satisfies the requisite findings and adopting the attached Resolution No. 2152 that incorporates the requisite environmental, Conditional Use Permit findings and the conditions of approval as presented in this staff report, or as modified by the Commission. Denial If the Planning Commission intends to deny this proposal, the Commission should approve a motion to deny Conditional Use Permit No. CUP 24-01 stating that the finding(s) of the proposal does not satisfy with reasons based on the record, and direct staff to prepare a resolution for adoption at the next meeting that incorporates the If any Planning Commissioner, or other interested party has questions or comments regarding this matter prior to the August 13, 2024, hearing, please contact Associate Planner, Gary Yesayan, at (626) 574-5422, or by email at gyesayan@ArcadiaCA.gov. Approved: Lisa L. Flores Deputy Development Services Director Attachment No. 1: Resolution No. 2152 Attachment No. 2: Aerial Image, Zoning Information, and Photos of the Subject Property Attachment No. 3: Architectural Plans Attachment No. 4: Preliminary Exemption Assessment 128 Attachment No. 1 Attachment No. 1 Resolution No. 2152 129 RESOLUTION NO. 2152 APPROVAL OF CONDITIONAL USE PERMIT NO. CUP 24-01 TO ALLOW A SELF-SERVICE LAUNDROMAT WITHIN A MULTIPLE-TENANT COMMERCIAL CENTER LOCATED AT 502 EAST LIVE OAK AVENUE WHEREAS, on February 27, 2024, an application for Conditional Use Permit No. CUP 24-01 was filed by Efren Covarrubias, for a proposed self-service laundromat, located within an existing commercial center at 502 E. Live Oak Avenue; and WHEREAS, on July 24, 2024, Planning Services completed an environmental assessment for the proposed self-service laundromat in accordance with the California Environmental Quality Act (“CEQA”) and recommends that the Planning Commission determine that the proposed tutoring center qualifies as a Class 1 Categorical Exemption under CEQA pursuant to Section 15301 of the CEQA Guidelines as the use of an existing facility; and WHEREAS, on August 13, 2024, a duly noticed public hearing was held before the Planning Commission on said application, at which time all interested persons were given full opportunity to be heard and to present evidence. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, HEREBY RESOLVES AS FOLLOWS: SECTION 1. The factual data submitted by the Community Development Division in the staff report dated August 13, 2024, are true and correct. SECTION 2. This Commission finds that based upon the entire record, pursuant to Section 9107.09.050 of the Arcadia Development Code, all of the following findings for the Conditional Use Permit can be made. 130 2 1. The proposed use is consistent with the General Plan and any applicable specific plan; and is allowed within the applicable zone, subject to the granting of a Conditional Use Permit, and complies with all other applicable provisions of the Development Code and the Municipal Code. FACT: The proposed use is consistent with the Arcadia General Plan which allows for a wide-range of commercial uses, including personal services-restricted uses such as self-service laundromats. The site is zoned C-G (General Commercial) which under Development Code Section 9102.03.020, Table 2-8, allows personal services-restricted uses as a proposed use, subject to review and approval of a Conditional Use Permit. The proposed use will occupy two of the vacant units within an existing neighborhood shopping center and the proposed business will comply with all the applicable provisions of the Development Code and the Municipal Code. The proposed use is complementary to the surrounding commercial uses as there are other similar businesses serving the same range of customers such as retail stores and restaurants. The proposed use is consistent with the following General Plan Land Use Policy: Land Use and Community Design Element Policy LU-6.7: Encourage a balanced distribution of commercial development throughout the City, ensuring that neighborhoods and districts have adequate access to local-serving commercial uses. 2. The design, location, size, and operating characteristics of the proposed activity will be compatible with the existing and future land uses in the vicinity. FACT: The proposed self-service laundromat will merge and occupy two of the vacant units within an existing multi-tenant commercial building with a combined floor area 131 3 of 2,154 square feet. The commercial center includes several other complementary businesses such a restaurant, water and liquor stores, a martial arts studio, and a massage spa. Such uses are consistent with the City’s General Plan for development in the General Commercial (C-G) zones. The proposed self-service laundromat will consist of 28 washing machines and 29 dryers (both single and stacked dryer units), a utility room, and a restroom. The proposed hours of operation are 6:00 a.m. to 10:00 p.m. seven (7) days a week. The number of employees will be a maximum of two (2), primarily service technicians who are not on-site full time. The use will require interior tenant improvement subject to building permits. No exterior changes are proposed to accommodate the use. As such, the proposed activity will be compatible with the existing and future land uses in the vicinity. 3. The site is physically suitable in terms of: A. Its design, location, shape, size, and operating characteristics of the proposed use in order to accommodate the use, site improvements loading, and parking. FACT: The proposed self-service laundromat will be located within an existing multi-tenant building. The site can accommodate this use as there is sufficient parking and clear access from two separate streets, E. Live Oak Avenue and Lenore Avenue. The proposed laundromat will include new machines that are more efficient and run quieter without potential disturbance to the neighboring businesses. No exterior modifications to the building are proposed and site improvements are not necessary for the proposed use other than interior tenant improvements. Since the proposed units to be merged were previously also cleaners, there is existing infrastructure available for the new laundromat. Therefore, the unit and site are suitable for the proposed use. 132 4 B. Streets and highways adequate to accommodate public and emergency vehicle (e.g., fire and medical) access. FACT: The site is a corner lot located at the southeast corner of East Live Oak Avenue and Lenore Avenue, with access for public and emergency vehicles to the retail center from both streets. These streets are adequate in width and pavement type for public and emergency vehicles. The proposed self-service laundromat will not impact these rights-of-ways. C. Public protection services (e.g., fire protection, police protection, etc.). FACT: The Fire and Police Departments have reviewed the application for the proposed laundromat and determined that no additional improvements are needed to provide adequate fire or police protection services to the subject site. D. The provision of utilities (e.g., potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.). FACT: The subject unit is located within an existing commercial building in a multi- tenant commercial center, which is adequately serviced by existing utilities. The proposal does not include new construction that will impact the provision of utilities, nor will it be operated in a manner that will impact the provisions of utilities. Therefore, no impacts to the provision of utilities are anticipated. 4. The measure of site suitability shall be required to ensure that the type, density, and intensity of use being proposed will not adversely affect the public convenience, health, interest, safety, or general welfare, constitute a nuisance, or be materially injurious to the improvements, persons, property, or uses in the vicinity and zone in which the property is located. 133 5 FACT: The proposed self-service laundromat will provide a service in compliance with and pursuant to the Arcadia Development Code. The proposed business will not be detrimental to public health or welfare, or the surrounding properties, as the site is located on a commercial corridor with a diverse type of businesses that serve the surrounding communities. The size and nature of the proposed use will be compatible with the site and other existing uses within the area. Therefore, the site is suitable for the proposed use. 5. This Project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines pertaining to the use of an existing facility. SECTION 3. For the foregoing reasons the Planning Commission determines that the proposed self-service laundromat is Categorically Exempt per Class 1, Section 15301(a) of the California Environmental Quality Act (CEQA) Guidelines and approves Conditional Use Permit No. CUP 24-01 for a new laundromat within an existing commercial center located at 502 E. Live Oak Avenue, subject to the conditions of approval attached hereto. SECTION 4. The Secretary shall certify to the adoption of this Resolution. [SIGNATURES ON NEXT PAGE] 134 6 Passed, approved and adopted this 13th day of August, 2024. ______________________ Vincent Tsoi Chair, Planning Commission ATTEST: ______________________ Lisa L. Flores Secretary APPROVED AS TO FORM: ______________________ Michael J. Maurer City Attorney 135 7 Page Internationally Left Blank 136 8 RESOLUTION NO. 2152 Conditions of Approval 1. The use approved by CUP 24-01 shall be limited to a self-service laundromat with hours of operation from 6:00 a.m. to 10:00 p.m. seven (7) days a week. The business shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 24-01, and shall be subject to periodic inspections, after which the conditions of this Conditional Use Permit may be adjusted after due notice to address any adverse impacts to the neighboring businesses and properties, including loitering. 2. 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. The changes to the existing facility may be subject to building permits after having fully detailed plans submitted for plan check review and approval by the aforementioned City officials. 3. To the maximum extent permitted by law, Applicant must defend, indemnify, and hold the City, any departments, agencies, divisions, boards, and/or commissions of the City, and its elected officials, officers, contractors serving as City officials, agents, employees, and attorneys of the City (“Indemnitees”) harmless from liability for damages and/or claims, actions, or proceedings for damages for personal injuries, including death, and claims for property damage, and with respect to all other actions and liabilities for damages caused or alleged to have been caused by reason of the Applicant’s activities in connection with CUP 24-01 (“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, 137 9 costs, and expenses incurred by City in connection with defense of any legal action in an initial amount to be reasonably determined by the City Attorney. The City may draw funds from the deposit for such fees, costs, and expenses. Within 5 business days of each and every notice from City that the deposit has fallen below the initial amount, Applicant shall replenish the deposit each and every time in order for City’s legal team to continue working on the matter. The City shall only refund to the Developer any unexpended funds from the deposit within 30 days of: (i) a final, non- appealable decision by a court of competent jurisdiction resolving the legal action; or (ii) full and complete settlement of legal action. The City shall have the right to select legal counsel of its choice. The parties hereby agree to cooperate in defending such action. The City will not voluntarily assist in any such third-party challenge(s). In consideration for approval of the Project, this condition shall remain in effect if the entitlement(s) related to this Project is rescinded or revoked, at the request of the Applicant or not. 4. Noncompliance with the plans, provisions, and conditions of approval for CUP 24- 01 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the laundromat. 5. Approval of CUP 24-01 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 Acceptance Form to the Development Services Department is to indicate awareness and acceptance of the conditions of approval. --- 138 Attachment No. 2 Attachment No. 2 Aerial Image with Zoning Information & Photos of the Subject Site 139 Overlays Selected parcel highlighted Parcel location within City of Arcadia N/A Property Owner(s): Lot Area (sq ft): Year Built: Main Structure / Unit (sq. ft.): C-G Number of Units: C Property Characteristics 1963 8,890 0 Property Owner Site Address:500 E LIVE OAK AVE Parcel Number: 8572-009-042 N/A Zoning: General Plan: N/A Downtown Overlay: Downtown Parking Overlay: Architectural Design Overlay:N/A N/A N/A N/A Residential Flex Overlay: N/A Yes N/A N/A Special Height Overlay: N/A Parking Overlay: Racetrack Event Overlay: This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. Report generated 24-Jul-2024 Page 1 of 1 140 Attachment No. 3 Attachment No. 3 Architectural Plans 141 142 143 144 145 146 147 Attachment No. 4 Attachment No. 4 Preliminary Exemption Assessment 148 Preliminary Exemption Assessment 1.Name or description of project:Conditional Use Permit No. CUP 24-01 to allow a self-service laundromat within an existing commercial center. 2.Project Location The project site is located at 502 E. Live Oak Avenue. The proposed laundromat will be located within an existing multi- tenant commercial center located at the southeast corner of E. Live Oak Avenue and Lenore Avenue. 3.Entity or person undertaking project: A. B.Other (Private) (1)Name Efren Covarrubias (2)Address 11707 Rio Hondo Pkwy 4.Staff Determination: accordance with the Lead Agency's "Local Guidelines for Implementing the California Environmental Quality Act (CEQA)" has concluded that this project does not require further environmental assessment because: a.The proposed action does not constitute a project under CEQA. b.The project is a Ministerial Project. c.The project is an Emergency Project. d.The project constitutes a feasibility or planning study. e.The project is categorically exempt. Applicable Exemption Class: 15301 Class 1 (Use of an existing facility) f.The project is statutorily exempt. Applicable Exemption: g.The project is otherwise exempt on the following basis: h.The project involves another public agency which constitutes the Lead Agency. Name of Lead Agency: Date: July 24, 2024 Staff: Gary Yesayan, Associate Planner 149 DATE: August 13, 2024 TO: Honorable Chairman and Planning Commission FROM: Lisa L. Flores, Deputy Development Services Director By: Edwin Arreola, Acting Senior Planner SUBJECT: RESOLUTION NO. 2151 – APPROVING CONDITIONAL USE PERMIT NO. CUP 24-04 TO ALLOW A NEW MASSAGE BUSINESS AT 171 E. LIVE OAK AVENUE UNIT B CEQA: Exempt Recommendation: Adopt SUMMARY The Applicant, Wen Sun, is requesting approval of Conditional Use Permit No. CUP 24- 04 to allow the operation of a new massage business (dba: JJ Massage) at 171 E. Live Oak Avenue Unit B. It is recommended that the Planning Commission adopt Resolution No. 2151 (Attachment No. 1) and find this project Categorically Exempt under CEQA and approve Conditional Use Permit No. CUP 24-04, subject to the conditions listed in this staff report. BACKGROUND The subject site is a corner lot that is located on the northwest side of E. Live Oak Avenue and S. 2nd Avenue. The existing 6,741 square foot, one-story commercial building has five units (171 E. Live Oak Avenue Units A-E – refer to Attachment No. 3 for the Site Plan and Floor Plan). The proposed business will be located in one of the five units that is approximately 1,253 square feet at 171 E. Live Oak Avenue Unit B. The unit was previously occupied by a beauty salon until February of 2023. The adjacent units consist of a market (Unit A), a dry-cleaning business (Unit C), a café (Unit D), and a boba tea shop (Unit E). The site has 34 parking spaces, with 20 parking spaces at the front of the lot (including two accessible spaces) and 14 parking spaces at the rear of the lot – refer to Figure 1 below. 150 Resolution No. 2151 - CUP 24-04 171 E. Live Oak Avenue, Unit B August 13, 2024 Page 2 of 9 Figure 1 – Aerial of Subject Site The property is zoned C-G (General Commercial) with a Residential Flex Overlay (R-F) and has a General Plan Land Use Designation of Commercial. The site is surrounded by other commercial properties zoned C-G with an R-F Overlay to the east and west and there is a MU (Mixed Use) property located across the street to the south. Immediately to the north, across the adjacent alley way, there is a C-G zoned property that is a parking lot area for 135-159 E. Live Oak Avenue that is not owned by the property owner of the subject property. - refer to Attachment No. 2 for an Aerial Photo with Zoning Information and Photos of the subject property. PROPOSAL The Applicant is proposing a massage business that will provide full body massages such as deep tissue and Chinese-style massages to be conducted in one of the two massage rooms. The Applicant has approximately 15 years of experience as a certified massage therapist. Massage services are classified as a Personal Restricted Use and are only allowed through a Conditional Use Permit. There will be a maximum of two (2) massage therapists at any given time. The business will be operated on an appointment and walk-in basis. Customers will be assigned to a room after they check-in. When a 151 Resolution No. 2151 - CUP 24-04 171 E. Live Oak Avenue, Unit B August 13, 2024 Page 3 of 9 massage therapist is with another client, the customer(s) will be allowed to remain in the waiting area until they can be attended. The 1,253 square foot unit will have a waiting room, two (2) massage rooms, a break room, an office, a storage room, and a restroom as shown below and under Attachment No. 3 - Site Plan and Floor Plan. The proposed business hours will be from 10:00 a.m. to 9:00 p.m., everyday. Figure 2 – Proposed Floor Plan ANALYSIS Personal restricted use, such as massage services, is subject to a Conditional Use Permit in the C-G, General Commercial zone. The Arcadia Police Department has reviewed this request and had no issues with the massage services proposed for the business. As part of the City’s process, periodic inspections will occur to ensure the operator is complying with the City’s regulations and process, and to ensure each masseuse is a licensed by the State. 152 Resolution No. 2151 - CUP 24-04 171 E. Live Oak Avenue, Unit B August 13, 2024 Page 4 of 9 The site consists of five units that share the same parking lot. Each of the uses within the 6,741 square foot building has a required parking ratio of one (1) space per 200 square feet of floor area, including the proposed business. The 34 required parking spaces for this site are currently being met. Additionally, with a maximum of two massage therapists and two massage rooms, the business is not expected to impact the demand for parking for the site and the existing parking should adequately serve the business. The proposed business meets all of the requirements of the Development Code for the zone and use and will be conditioned to ensure that the business complies with all of the City’s regulations for massage services within the Arcadia Municipal Code. FINDINGS Section 9107.09.050(B) of the Development Code states that the Planning Commission may approve a Conditional Use Permit if all of the required findings can be made. 1. The proposed use is consistent with the General Plan and any applicable specific plan; and is allowed within the applicable zone, subject to the granting of a Conditional Use Permit, and comply with all other applicable provisions of the Development Code and the Municipal Code. Facts to Support This Finding: The proposed massage use is consistent with the Commercial land use designation of the site. The Commercial land use designation is intended to permit a wide-range of commercial uses that serve citywide markets. Approval of a massage business is a service that is typically or often found in commercial zoned property, and it is consistent with the Commercial land use designation of the site. The site is zoned General Commercial (C-G) and Arcadia Development Code Section 9102.03.020, Table 2-8, allows personal restricted services, such as the proposed use, in the C-G zone subject to the review and approval of a Conditional Use Permit. The proposed massage use operations will also comply with the Massage Therapist regulations as set forth in the Arcadia Municipal Code. Additionally, the proposed massage use, as a personal service use, provides a commercial service that is compatible to the mixture of other commercial businesses along Live Oak Avenue and the adjacent retail, dry cleaner, and restaurant uses in this center. Therefore, the massage use will not adversely affect the comprehensive General Plan, is in compliance with all applicable provisions of the Arcadia Development Code and the Arcadia Municipal Code, and is consistent with the following General Plan policy: Land Use and Community Design Element Policy LU-6.7: Encourage a balanced distribution of commercial development throughout the City, ensuring that neighborhoods and districts have adequate access to local-serving commercial uses. 153 Resolution No. 2151 - CUP 24-04 171 E. Live Oak Avenue, Unit B August 13, 2024 Page 5 of 9 2. The design, location, size, and operating characteristics of the proposed activity will be compatible with the existing and future land uses in the vicinity. Facts to Support This Finding: The proposed business will occupy a 1,253 square foot commercial unit within the existing five-unit building. The business will only have two massage rooms within the unit and only two customers will be serviced at a time. The proposed use is in compliance with the minimum parking requirements and, since the proposed business is a small operation, it is not expected to negatively affect the other land uses in the vicinity. The use is compatible and not detrimental to the other existing retail and commercial businesses located on site and along E. Live Oak Avenue as other comparable personal service uses, such as acupuncture, beauty salon, and dry-cleaning services, are located within the vicinity of the property, and massage businesses are typically found in commercial areas with a collection of commercial services that include retail and restaurant uses. Therefore, the proposed massage business is compatible with the existing and future land uses in the vicinity. 3. The site is physically suitable in terms of: a. Its design, location, shape, size, and operating characteristics of the proposed use in order to accommodate the use, site improvements, loading, and parking. Facts to Support This Finding: The site is physically suitable and adequately developed for the proposed massage use because the property is an improved site with an existing commercial building. The 1,253 square foot commercial unit has multiple rooms adequate in size to carry out the services proposed by the business. The proposed business will not require any additional site improvements or construction. There is sufficient parking available for the proposed business within the parking lot. Therefore, the operating characteristics of the unit shall be suitable for the business. b. Streets and highways adequate to accommodate public and emergency vehicle (e.g., fire and medical) access. Facts to Support This Finding: The property is located on the northwest corner of E. Live Oak Avenue and S. 2nd Avenue. Both streets are adequate in width and pavement type to carry the traffic generated by the proposed use and emergency vehicles. Therefore, the proposed business will not impact these rights-of-way. c. Public protection services (e.g., fire protection, police protection, etc.). Facts to Support This Finding: The Fire and Police Department have reviewed the application and determined that no additional improvements are needed to provide adequate protection services to the subject site. 154 Resolution No. 2151 - CUP 24-04 171 E. Live Oak Avenue, Unit B August 13, 2024 Page 6 of 9 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: The change in use will not require any new plumbing fixtures or new improvements; therefore the utilities and infrastructure will continue to adequately service the site. 4. The measure of site suitability shall be required to ensure that the type, density, and intensity of use being proposed will not adversely affect the public convenience, health, interest, safety, or general welfare, constitute a nuisance, or be materially injurious to the improvements, persons, property, or uses in the vicinity and zone in which the property is located. Facts to Support This Finding: The proposed massage use will be located in an existing unit that is suitable for the small nature of the business and is located on a site that provides adequate parking. The proposed use will not be detrimental to the public health or welfare of the surrounding properties, as the use is complementary to the mixture of other commercial businesses along E. Live Oak Avenue, a commercial corridor within the City. The subject site has adequate parking, and it will not adversely affect access or cause inconvenience to surrounding businesses or properties. The small size and nature of the proposed business will be contained on the existing site, will not require any exterior construction, and will not negatively affect the subject site or any surrounding properties. Additionally, the City conducts periodic inspections of massage businesses to ensure that all City regulations are being met so that massage businesses do not pose a nuisance. ENVIRONMENTAL IMPACT It has been determined that the project qualifies as a Class 1 Categorical Exemption per the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301(a) of the CEQA Guidelines for the use of an existing facility (refer to Attachment No. 4). PUBLIC COMMENTS/NOTICE A public hearing notice for this item was posted at the City Clerk’s Office, City Council Chambers, at the Arcadia Library, and on the City’s website on August 1, 2024. It was also mailed to the property owners located within 300 feet of the subject property. As of August 8, 2024, no comments were received regarding this project. RECOMMENDATION It is recommended that the Planning Commission adopt Resolution No. 2151 approving Conditional Use Permit No. CUP 24-04 for a new massage business and find that the 155 Resolution No. 2151 - CUP 24-04 171 E. Live Oak Avenue, Unit B August 13, 2024 Page 7 of 9 project is Categorically Exempt under the California Environmental Quality Act (CEQA), subject to the following conditions of approval: 1. The use approved by CUP 24-04 shall be limited to a business providing massage services. Its hours of operation shall be limited to the hours of 10:00 a.m. to 9:00 p.m., everyday. The business shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 24-04, and shall be subject to periodic inspections, after which the conditions of this Conditional Use Permit may be adjusted after due notice to address any adverse impacts to the adjacent streets, rights-of-way, and/or the neighboring businesses and properties. 2. The business shall be limited to two (2) massage rooms with a maximum of one customer and one employee in each room at any given time. All services shall be provided in a fully enclosed room and should not be conducted in the reception/waiting area. Masseuses or massage therapists must be a licensed by the State and comply with all the regulations of the Massage Ordinance in the City’s Municipal Code. Beds, floor mattresses, table showers, and waterbeds are not permitted. Any intensification to the number of massage rooms permitted shall be subject to review and approval by the Deputy Development Services Director, or designee, unless significant modifications are proposed; in which case, the application may be referred to the Planning Commission. 3. The plans submitted for Building plan check shall comply with the latest adopted edition of the Building and Fire 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 4. 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 Marshall, and Public Works Services Director, or their respective designees. Improvements to the existing facility may be subject to building permits after having fully detailed plans submitted for plan check review and approval by the aforementioned City officials. 156 Resolution No. 2151 - CUP 24-04 171 E. Live Oak Avenue, Unit B August 13, 2024 Page 8 of 9 5. Noncompliance with the plans, provisions and conditions of approval for CUP 24-04 shall be grounds for immediate suspension or revocation of any approvals, which could result in termination of this business. 6. To the maximum extent permitted by law, the Applicant must defend, indemnify, and hold the City, any departments, agencies, divisions, boards, and/or commissions of the City, and its elected officials, officers, contractors serving as City officials, agents, employees, and attorneys of the City (“Indemnitees”) harmless from liability for damages and/or claims, actions, or proceedings for damages for personal injuries, including death, and claims for property damage, and with respect to all other actions and liabilities for damages caused or alleged to have been caused by reason of the Applicant’s activities in connection with CUP 24-04 (“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 City that the deposit has fallen below the initial amount, Applicant shall replenish the deposit each and every time in order for City’s legal team to continue working on the matter. The City shall only refund to the Developer any unexpended funds from the deposit within 30 days of: (i) a final, non-appealable decision by a court of competent jurisdiction resolving the legal action; or (ii) full and complete settlement of legal action. The City shall have the right to select legal counsel of its choice. The parties hereby agree to cooperate in defending such action. The City will not voluntarily assist in any such third-party challenge(s). In consideration for approval of the Project, this condition shall remain in effect if the entitlement(s) related to this Project is rescinded or revoked, at the request of the Applicant or not. 7. Approval of CUP 24-04 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 157 Resolution No. 2151 - CUP 24-04 171 E. Live Oak Avenue, Unit B August 13, 2024 Page 9 of 9 Acceptance Form to the Development Services Department is to indicate awareness and acceptance of the conditions of approval. PLANNING COMMISSION ACTION Approval If the Planning Commission intends to approve this proposal, the Commission should approve a motion to approve Conditional Use Permit No. CUP 24-04, stating that the proposal satisfies the requisite findings, and adopting the attached Resolution No. 2151 that incorporates the requisite environmental and Conditional Use Permit findings and the conditions of approval as presented in this staff report, or as modified by the Commission. Denial If the Planning Commission intends to deny this proposal, the Commission should approve a motion to deny Conditional Use Permit No. CUP 24-04, stating that the finding(s) of the proposal does not satisfy with reasons based on the record, and direct staff to prepare a resolution for adoption at the next meeting that incorporates the Commission’s decision and specific findings. If any Planning Commissioner or other interested party has any questions or comments regarding this matter prior to the August 13, 2024 hearing, please contact Acting Senior Planner, Edwin Arreola, at 626-821-4334, or by email at earreola@ArcadiaCA.gov. Approved: Lisa L. Flores Deputy Development Services Director Attachment No. 1: Resolution No. 2151 Attachment No. 2: Aerial Photo and Zoning Information and Photos of the Subject Property Attachment No. 3: Site Plan and Floor Plan Attachment No. 4: Preliminary Exemption Assessment 158 Attachment No. 1 Attachment No. 1 Resolution No. 21 159 1 RESOLUTION NO. 2151 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 24-04 WITH A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT TO ALLOW A NEW MASSAGE BUSINESS AT 171 E. LIVE OAK AVENUE UNIT B WHEREAS, on April 11, 2024, an application for Conditional Use Permit No. CUP 24-04 was filed by the business owner, Wen Sun (“Applicant”), to allow the operation of a new massage business located at 171 E. Live Oak Avenue Unit B (“Project”); and WHEREAS, on July 24, 2024, Planning Services completed an environmental assessment for the Project in accordance with the California Environmental Quality Act (“CEQA”) and determined that the Project is exempt under Section 15061(b)(3) of the CEQA Guidelines because the Project has no potential to cause a significant effect on the environment, and qualifies as a Class 1 Categorical Exemption under Section 15301 of the CEQA Guidelines pertaining to the use of an existing facility; and WHEREAS, on August 13, 2024, a duly noticed public hearing was held before the Planning Commission on said application, at which time all interested persons were given full opportunity to be heard and to present evidence. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, HEREBY RESOLVES AS FOLLOWS: SECTION 1. The factual data submitted by the Community Development Division in the staff report dated August 13, 2024 are true and correct. SECTION 2. This Commission finds that based upon the entire record, pursuant to Section 9107.09.050 of the Arcadia Development Code, all of the following findings can be made. 160 2 1. The proposed use is consistent with the General Plan and any applicable specific plan; and is allowed within the applicable zone, subject to the granting of a Conditional Use Permit, and the applicant will be required to comply with all other applicable provisions of the Development Code and the Municipal Code. FACT: The proposed massage use is consistent with the Commercial land use designation of the site. The Commercial land use designation is intended to permit a wide- range of commercial uses that serve citywide markets. Approval of a massage business is a service that is typically or often found in commercially zoned property, and it is consistent with the Commercial land use designation of the site. The site is zoned General Commercial (C-G) and Arcadia Development Code Section 9102.03.020, Table 2-8, allows personal restricted services, such as the proposed use, in the C-G zone subject to the review and approval of a Conditional Use Permit. The proposed massage use operations will also comply with the Massage Therapist regulations as set forth in Section 6418 of the Arcadia Municipal Code. Additionally, the proposed massage use, as a personal service use, provides a commercial service that is compatible with the mixture of other commercial businesses along Live Oak Avenue and the adjacent retail, dry cleaning, and restaurant uses in this center. Therefore, the massage use will not adversely affect the comprehensive General Plan, is in compliance with all applicable provisions of the Arcadia Development Code and the Arcadia Municipal Code, and is consistent with the following General Plan policy: Land Use and Community Design Element 161 3 Policy LU-6.7: Encourage a balanced distribution of commercial development throughout the City, ensuring that neighborhoods and districts have adequate access to local-serving commercial uses. 2. The design, location, size, and operating characteristics of the proposed activity will be compatible with the existing and future land uses in the vicinity. FACT: The proposed business will occupy a 1,253 square foot commercial unit within the existing five-unit building. The business will only have two massage rooms within the unit and only two customers will be serviced at a time. The proposed use is in compliance with the minimum parking requirements and, since the proposed business is a small operation, it is not expected to negatively affect the other land uses in the vicinity. The use is compatible and not detrimental to the other existing retail and commercial businesses located on site and along E. Live Oak Avenue as other comparable personal service uses, such as acupuncture, beauty salon, and dry-cleaning services, are located within the vicinity of the property, and massage businesses are typically found in commercial areas with a collection of commercial services that include retail and restaurant uses. Therefore, the proposed massage business is compatible with the existing and future land uses in the vicinity. 3. The site is physically suitable in terms of: a. Its design, location, shape, size, and operating characteristics of the proposed use in order to accommodate the use, site improvements, loading, and parking; FACT: The site is physically suitable and adequately developed for the proposed massage use because the property is an improved site with an existing commercial building. The 1,253 square foot commercial unit has multiple rooms adequate in size to 162 4 carry out the services proposed by the business. The proposed business will not require any additional site improvements or construction. There is sufficient parking available for the proposed business within the parking lot. Therefore, the operating characteristics of the unit shall be suitable for the business. b. Streets and highways adequate to accommodate public and emergency vehicle (e.g., fire and medical) access; FACT: The property is located on the northwest corner of E. Live Oak Avenue and S. 2nd Avenue. Both streets are adequate in width and pavement type to carry the traffic generated by the proposed use and emergency vehicles. Therefore, the proposed business will not impact these rights-of-way. c. Public protection services (e.g., fire protection, police protection, etc.); and FACT: The Fire and Police Department have reviewed the application and determined that no additional improvements are needed to provide adequate protection services to the subject site. d. The provision of utilities (e.g., potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.). FACT: The change in use will not require any new plumbing fixtures or new improvements; therefore the utilities and infrastructure will continue to adequately service the site. 4. The measure of site suitability shall be required to ensure that the type, density, and intensity of use being proposed will not adversely affect the public convenience, health, interest, safety, or general welfare, constitute a nuisance, or be 163 5 materially injurious to the improvements, persons, property, or uses in the vicinity and zone in which the property is located. FACT: The proposed massage use will be located in an existing unit that is suitable for the small nature of the business and is located on a site that provides adequate parking. The proposed use will not be detrimental to the public health or welfare of the surrounding properties, as the use is complementary to the mixture of other commercial businesses along E. Live Oak Avenue, a commercial corridor within the City. The subject site has adequate parking, and it will not adversely affect access or cause inconvenience to surrounding businesses or properties. The small size and nature of the proposed business will be contained on the existing site, will not require any exterior construction, and will not negatively affect the subject site or any surrounding properties. Additionally, the City conducts periodic inspections of massage businesses to ensure that all City regulations are being met so that massage businesses do not pose a nuisance. SECTION 3. Pursuant to the provisions of the California Environmental Quality Act (“CEQA”), this Project is a Class 1 Categorical Exemption pertaining to the use of an existing facility per Section 15301 of the CEQA Guidelines. SECTION 4. For the foregoing reasons, the Planning Commission determines that the Project is Categorically Exempt under the California Environmental Quality Act (CEQA) Section 15301, Class 1, and approves Conditional Use Permit No. CUP 24-04 to allow the operation of a new massage business located at 171 E. Live Oak Avenue Unit B, subject to the conditions of approval attached hereto. SECTION 5. The Secretary shall certify to the adoption of this Resolution. [SIGNATURES ON THE NEXT PAGE] 164 6 Passed, approved and adopted this 13th day of August, 2024. ______________________ Vincent Tsoi Chair, Planning Commission ATTEST: ______________________ Lisa L. Flores Secretary APPROVED AS TO FORM: ______________________ Michael J. Maurer City Attorney ________________________________________ 165 7 Page Intentionally Left Blank 166 8 RESOLUTION NO. 2151 Conditions of Approval 1. The use approved by CUP 24-04 shall be limited to a business providing massage services. Its hours of operation shall be limited to the hours of 10:00 a.m. to 9:00 p.m., everyday. The business shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 24-04, and shall be subject to periodic inspections, after which the conditions of this Conditional Use Permit may be adjusted after due notice to address any adverse impacts to the adjacent streets, rights-of-way, and/or the neighboring businesses and properties. 2. The business shall be limited to two (2) massage rooms with a maximum of one customer and one employee in each room at any given time. All services shall be provided in a fully enclosed room and should not be conducted in the reception/waiting area. Masseuses or massage therapists must be a licensed by the State and comply with all the regulations of the Massage Ordinance in the City’s Municipal Code. Beds, floor mattresses, table showers, and waterbeds are not permitted. Any intensification to the number of massage rooms permitted shall be subject to review and approval by the Deputy Development Services Director, or designee, unless significant modifications are proposed; in which case, the application may be referred to the Planning Commission. 3. The plans submitted for Building plan check shall comply with the latest adopted edition of the Building and Fire 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 4. 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 Marshall, and Public Works Services Director, or their respective designees. Improvements to the existing facility may be subject to building permits after having fully detailed plans submitted for plan check review and approval by the aforementioned City officials. 167 9 5. Noncompliance with the plans, provisions and conditions of approval for CUP 24-04 shall be grounds for immediate suspension or revocation of any approvals, which could result in termination of this business. 6. To the maximum extent permitted by law, the Applicant must defend, indemnify, and hold the City, any departments, agencies, divisions, boards, and/or commissions of the City, and its elected officials, officers, contractors serving as City officials, agents, employees, and attorneys of the City (“Indemnitees”) harmless from liability for damages and/or claims, actions, or proceedings for damages for personal injuries, including death, and claims for property damage, and with respect to all other actions and liabilities for damages caused or alleged to have been caused by reason of the Applicant’s activities in connection with CUP 24-04 (“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 City that the deposit has fallen below the initial amount, Applicant shall replenish the deposit each and every time in order for City’s legal team to continue working on the matter. The City shall only refund to the Developer any unexpended funds from the deposit within 30 days of: (i) a final, non-appealable decision by a court of competent jurisdiction resolving the legal action; or (ii) full and complete settlement of legal action. The City shall have the right to select legal counsel of its choice. The parties hereby agree to cooperate in defending such action. The City will not voluntarily assist in any such third-party challenge(s). In consideration for approval of the Project, this condition shall remain in effect if the entitlement(s) related to this Project is rescinded or revoked, at the request of the Applicant or not. 7. Approval of CUP 24-04 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 Acceptance 168 10 Form to the Development Services Department is to indicate awareness and acceptance of the conditions of approval. --- 169 Attachment No. 2 Attachment No. 2 Aerial with Zoning Information & Photos of the Subject Site 170 Overlays Selected parcel highlighted Parcel location within City of Arcadia N/A Property Owner(s): Lot Area (sq ft): Year Built: Main Structure / Unit (sq. ft.): C-G Number of Units: C Property Characteristics 1985 6,741 1 Property Owner Site Address:171 E LIVE OAK AVE Parcel Number: 5789-020-027 N/A Zoning: General Plan: N/A Downtown Overlay: Downtown Parking Overlay: Architectural Design Overlay:Yes N/A N/A N/A Residential Flex Overlay: N/A Yes N/A Yes Special Height Overlay: N/A Parking Overlay: Racetrack Event Overlay: This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. Report generated 30-Jul-2024 Page 1 of 1 171 172 173 174 Attachment No. 3 Attachment No. 3 175 176 177 Attachment No. 4 Attachment No. 4 Preliminary Exemption Assessment 178 Preliminary Exemption Assessment FORM “A” PRELIMINARY EXEMPTION ASSESSMENT 1.Name or description of project:CUP 24-04 Conditional Use Permit with a Categorical Exemption under the California Environmental Quality Act ("CEQA") Section 15301(a) to allow a new massage business. 2.Project Location – Identify street address and cross streets or attach a map showing project site (preferably a USGS 15’ or 7 1/2’ topographical map identified by quadrangle name): 171 E. Live Oak Ave. Unit B – The business is located on the northwest corner of E. Live Oak Ave. and S. 2 nd Ave. 3.Entity or person undertaking project: A. B.Other (Private) (1)Name Wen Sun, Business Owner (2)Address 309 S. Del Mar Ave #3 San Gabriel, CA 91776 4.Staff Determination: The Lead Agency’s Staff, having undertaken and completed a preliminary review of this project in accordance with the Lead Agency's "Local Guidelines for Implementing the California Environmental Quality Act (CEQA)" has concluded that this project does not require further environmental assessment because: a.The proposed action does not constitute a project under CEQA. b.The project is a Ministerial Project. c.The project is an Emergency Project. d.The project constitutes a feasibility or planning study. e.The project is categorically exempt. Applicable Exemption Class: 15301(a) – Class 1 (Use of an existing facility) f.The project is statutorily exempt. Applicable Exemption: g.The project is otherwise exempt on the following basis: h.The project involves another public agency which constitutes the Lead Agency. Name of Lead Agency: Date: July 24, 2024 Staff: Edwin Arreola, Acting Senior Planner 179 ARCADIA PLANNING COMMISSION REGULAR MEETING MINUTES TUESDAY, JULY 9, 2024 Any writings or documents provided to a majority of the Planning Commission regarding any item on this agenda will be made available for public inspection in the City’s Planning Services Office located at 240 W. Huntington Drive, Arcadia, California, during normal business hours. CALL TO ORDER Chair Tsoi called the meeting to order at 7:00 p.m. ROLL CALL PRESENT: Chair Tsoi, Vice Chair Wilander, Arvizu, Hui, and Tallerico ABSENT: None SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS There were none. PUBLIC COMMENTS (5 minute time limit per person) There were none. PUBLIC HEARING 1. Resolution No. 2148– Approving Conditional Use Permit No. CUP 24-02 to allow an educational center for robotics and coding at the “The Shoppes at Highlands Center” located at 139 East Foothill Boulevard CEQA: Exempt Recommendation: Adopt Applicant: Wendy and Spencer Mo MOTION - PUBLIC HEARING Commissioner Hui arrived at the meeting after roll call at 7:02 p.m. Chair Tsoi introduced the item and Associate Planner Gary Yesayan presented the staff report. Vice Chair Wilander asked for clarification about the phrase “under high school age”. Mr. Yesayan explained that the Development Code breaks down the parking requirements by age group, under high school age and high school age. Dan Bacani introduced himself as the property owner’s representative and expressed excitement about the proposed business. Mr. Bacani believed an educational center is a great use and it would complement the other tenants in the shopping center. Mr. Bacani said he spoke with the Grocery Outlet’s representatives, their biggest lessee, and they were supportive of the proposed use. Commissioner Hui asked if the unit between the proposed education center and the Dollar Tree was vacant. 180 2 7/9/2024 Mr. Bacani said the unit has been leased to a dialysis center, however, they have not occupied it because they are still working with the State in obtaining their accreditation. Commissioner Hui asked if there are any plans for the property to be redeveloped into a mixed- use development. Mr. Bacani said there have been a lot of interested buyers asking to redevelop the property, but the property owner has some long-term leases and is happy to leave it as-is. Vice Chair Wilander asked the Applicant for clarification about the age and grade groups. The Applicant said their education facility will serve children from kindergarten through high school but were required to break down the age groups to calculate the parking spaces as required by the Development Code. No one spoke in favor of the proposal. No one spoke in opposition to the proposal. Commissioner Tallerico made a motion to close the public hearing. Commissioner Arvizu seconded the motion. Without objection, the motion was approved. DISCUSSION Commissioner Tallerico said this will be a good project, and he had no concerns about parking. Vice Chair Wilander asked for more information about the operating hours for birthday party rentals. Mr. Yesayan said that the facility will be available to rent for private events or birthdays and they will only be held during the regular hours of operations. He added that the number of people for birthday party rentals will be limited to ten (10) people. Commissioner Hui said she liked the proposal and is supportive of new education centers. Commissioner Arvizu said it was great there are more Science, Technology, Engineering, and Mathematic (STEM) education facilities opening in the City and is in favor of the proposal. Chair Tsoi stated that this proposal is a good use for the plaza, all the other uses complement each other, and there is sufficient parking. MOTION It was moved by Vice Chair Wilander, seconded by Commissioner Hui to adopt Resolution No. 2148 approving Conditional Use Permit No. CUP 24-02 for a new educational center for robotics and coding at the “Shoppes at Highlands Center” located at 139 East Foothill Boulevard in which the findings were made and is CEQA exempt. 181 3 7/9/2024 ROLL CALL AYES: Chair Tsoi, Vice Chair Wilander, Commissioners Arvizu, Hui, and Tallerico NOES: None ABSENT: None The motion was approved. There is a ten day appeal period. Appeals are to be filed by 4:30 p.m. on Friday, July 19, 2024. CONSENT CALENDAR 1. Minutes of the June 11, 2024, Regular Meeting of the Planning Commission Recommendation: Approve Commissioner Tallerico motioned to approve the minutes and seconded by Commissioner Hui. ROLL CALL AYES: Chair Tsoi, Commissioners Hui, Arvizu, and Tallerico NOES: None ABSENT: None Vice Chair Wilander abstained since she was not present at the June 11, 2024, meeting. The motion was approved. MATTERS FROM CITY COUNCIL LIAISON City Council Member Kwan was absent. MATTERS FROM THE PLANNING COMMISSONERS Commissioner Tallerico provided an update on his efforts to add Inclusive Architecture onto the agenda and said he attended a City Council meeting to introduce Inclusive Design to the City Council during the public comments. Commissioner Hui said she was unsure about the protocol for asking questions or bringing up items for discussion. Chair Tsoi expressed that the structure of the Planning Commission meeting is in place for a reason. Mr. Tsoi said he appreciates that Commissioners can ask questions or share matters at the end of the meeting. However, it is important that Commissioners not engage in discussion on material that is not on the agenda. That it is also important that we follow the rules and procedures. Commissioner Arvizu agreed with Chair Tsoi’s sentiments. He acknowledged that he supports Commissioner Tallerico’s efforts however, it is important to go through the right procedures. 182 4 7/9/2024 Chair Tsoi said that he understands Commissioners like to ask the applicants questions that are not always applicable to the project but that it is important to evaluate if the question is relevant and only ask questions that are applicable. Assistant City Attorney Kellan Martz stated that the topic of discussion is not on the agenda, and it should not be discussed any further. Commissioner Tallerico asked for clarification on the protocol for asking questions during a public hearing that may be directly or indirectly related to the project. Mr. Martz explained that it depends on the findings the Commission is required to make. Commissioner Tallerico asked Mr. Martz for his thoughts about the Commissioners’ duties and the process to make recommendations to the City Council. Mr. Martz said that it is not in a Planning Commissioner’s authority to recommend or agendize something that is in their own interest and does not fit the outline of duties in the Municipal Code or has not been delegated by the City Council. Furthermore, Mr. Martz listed some of the Planning Commissioners’ duties according to the City’s Development Code. He stated that the Commissioners’ duties include reviewing development projects, appeals, recommendations of code amendments or environmental documents, and other applicable policy regulatory matters in which they are related to the City’s planning process. Commissioner Tallerico asked if a member of the public asked for the Planning Commission to agendize an item, then they can if there are three votes to do so. Mr. Martz said they may not because they do not have the authority to add an item to the agenda. He added that the Commissioners may acknowledge the public comments but that is all they are limited to. Commissioner Arvizu asked if a Planning Commissioner is allowed to comment as a City resident during public comment at a City Council meeting requesting to agendize an item. Mr. Martz said yes, he may. Commissioner Tallerico said he was under the impression that he was allowed to also speak as a Commissioner during public comment at a City Council meeting. He then asked for clarification. Mr. Martz said he will look into the matter to confirm. MATTERS FROM ASSISTANT CITY ATTORNEY Mr. Martz had nothing to report. MATTERS FROM STAFF INCLUDING UPCOMING AGENDA ITEMS Ms. Flores reported that there will be one item for the July 23 meeting and two items for the August 13 meeting. Ms. Flores asked the Commissioners for their availability for the next couple of meetings to ensure that there will be a quorum. 183 5 7/9/2024 Ms. Flores informed the Commission that there will be a Business Permit and License Review Board meeting on August 13 before the Regular Planning Commission meeting, and it will likely start at 6:00 p.m. ADJOURNMENT The Planning Commission adjourned the meeting at 7:45 p.m., to Tuesday, July 23, 2024, at 7:00 p.m. in the City Council Chamber. Chair Tsoi, Planning Commission ATTEST: Lisa L. Flores Secretary, Planning Commission 184