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HomeMy WebLinkAbout09-10-24 Agenda PacketCITY OF ARCADIA Planning Commission Regular Meeting Agenda Tuesday, September 10, 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. 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 1.Resolution No. 2155 –Approving a subsequent one-year time extension for Tentative Tract Map No. TTM 21-05 (83054) at 180 W. Huntington Drive CEQA: Not a Project Recommendation: Adopt Applicant: SAICP, LLC There is a ten day appeal period. Appeals are to be filed by 5:30 p.m. on Monday, September 23, 2024. 2. Resolution No. 2154– Approving Vesting Tentative Tract Map No. TTM 24-03 (82734) for the approved Huntington Plaza Mixed Use Project at 117-129 E. Huntington Drive and 124- 134 Wheeler Avenue CEQA: No Further Action Required to the Adopted IS/MND Recommendation: Adopt Applicant: Arcadia Huntington Plaza, LLC There is a ten day appeal period. Appeals are to be filed by 5:30 p.m. on Monday, September 23, 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 August 13, 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 ADJOURNMENT The Planning Commission will adjourn this meeting to Tuesday, September 24, 2024, at 7:00 p.m. 2 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. 3 (Arcadia Public Library) (www.ArcadiaCA.gov) (Planning@ArcadiaCA.gov) (City Hall, 240 W. Huntington Drive, Arcadia, California) “” (5) (5) “” “” 403 4 DATE:September 10, 2024 TO:Honorable Chairman and Planning Commission FROM: Lisa Flores, Deputy Development Services Director Prepared By: Edwin Arreola, Senior Planner SUBJECT: APPROVING A SUBSEQUENT ONE-YEAR TIME EXTENSION FOR TENTATIVE TRACT MAP NO. TTM 21-05 (83054) AT 180 W. HUNTINGTON DRIVE CEQA: Not A Project Recommendation: Adopt SUMMARY The Applicant and Property Owner, SAICP, LLC, is requesting approval of Extension Request No. EXT 24-03, extending Tentative Tract Map No. TTM 21-05 (83054) for one (1) year to August 7, 2025, for the mixed-use development project (known as “One Gallop Way”) at 180 W. Huntington Drive (referred to as the “Project”). TTM 21-05 (83054) previously had two six (6) month extensions approved by staff on August 7, 2023, and February 7, 2024, respectively, extending the expiration date of the Project to August 7, 2024. It is recommended that Planning Commission adopt Resolution No. 2155 (refer to Attachment No. 1) approving the subsequent one (1) year extension. BACKGROUND On July 27, 2021, the Planning Commission approved Tentative Tract Map No. TTM 21-05 (83054) to subdivide the airspace of a previously approved mixed-use development project in accordance with the Seabiscuit Pacifica Specific Plan (approved in 2013 and later modified in 2017, 2018, and 2019) on the subject site which included 96 residential condominium units on the upper floors of the Project and 12,866 square feet of commercial space split amongst five (5) commercial condominiums on the ground floor, which will be individually sold and owned. Refer to Attachment No. 3 for the approved Tentative Tract Map. Construction plans for the Project were submitted to the City’s Building Division for review on May 13, 2020. The plans were approved by the City on April 1, 2021. However, the permit for the Project, after multiple extensions by the Building Division, was never pulled and the plan-check expired in December of 2022. A new building submittal will be required for review by the Building Division prior to the construction of the Project. A demolition permit for the 5 EXT 24-03 for TTM 21-05 (83054) September 10, 2024 Page 2 of 5 demolition of the existing structures on the subject site was approved in November 2020 and the site has been vacant since that time. Although the Project is permitted to be constructed under the Seabiscuit Pacifica Specific Plan, the subdivision of the airspace for the Project requires approval of a Tentative Parcel Map by the Planning Commission. Figure 1 – Project Rendering TIME EXTENSION REQUEST The request is for an extension to keep the Tentative Tract Map active for one (1) additional year. The Applicant has stated the additional time is required to allow for the preparation and approval of the building plans, as they will need to be updated to comply with current Building Codes. The anticipated construction start date of the Project is early in the second quarter of 2025 - refer to Attachment No. 2 for the Applicant’s Extension Request Letter. The approval of Tentative Tract Map No. TTM 21-05 (83054) was for the subdivision of the airspace for the proposed mixed-use development comprising of 96 residential condominiums and five (5) commercial condominiums at 180 W. Huntington Drive. The construction of the development is subject to the requirements and development standards of the Seabiscuit Pacifica Specific Plan which was first approved in 2013 and modified in 2017, 2018, and 2019 to allow the mixed-use development and it does not require a separate entitlement for construction. 6 EXT 24-03 for TTM 21-05 (83054) September 10, 2024 Page 3 of 5 Per the Subdivision Map Act, the Tentative Tract Map had an initial validity of two (2) years and was set to expire on August 7, 2023. Two 6-month extensions for the map were approved by staff, respectively, on August 7, 2023, and February 7, 2024, for a total 12-month extension, which expired on August 7, 2024. Any subsequent extension after the first 12-month extension is subject to the Planning Commission’s review. The Applicant applied for the extension on August 7, 2024. If this extension is granted, the tentative tract map will expire on August 7, 2025. ANALYSIS The Applicant has expressed renewed interest in pursuing the mixed-use development that was originally part of Phase Two of the Seabiscuit Pacifica Specific Plan, which included the Le Meridian hotel as Phase One. The development of the Project is specifically detailed in the Seabiscuit Pacifica Plan and does not require a separate entitlement or extension of any entitlement. Additionally, no design changes have been made to the Project. Separately, the subdivision of the airspace does require a separate entitlement, and this extension would allow for the existing approval of Tentative Tract Map No. TTM 21-05 (83054) to remain active for additional year while the Applicant is working toward getting building permits issued to commence construction of the Project. It has been determined that there have been no changes to the approval of the Tentative Tract Map and the Project would still be viable under all of the current Arcadia Development Code regulations. FINDINGS Section 9105.03.110(E) of the Arcadia Development Code requires that the Planning Commission may approve an extension to a tentative map if all the following findings can be made: 1. There have been no changes to the provisions of the General Plan, any applicable specific plan, or this Development Code applicable to the project since the approval of the tentative parcel or tract map; Facts to support finding: There have been no changes to the provisions of the General Plan, Seabiscuit Pacifica Specific Plan, or the Development Code since August 7, 2021, which would impact the subject development and Tentative Tract Map No. TTM 21-05 (83054). The City approved a Housing Element update in February 2022. The updated Housing Element does not change the City’s intent for the subject site since it is a specific plan zone. However, the Housing Element update further encourages mixed-use development throughout the City’s commercial zones. The Development Code has not been changed in a way that would impact or preclude the approved development and tentative tract map from being developed. Therefore, this finding can be made. 2. There have been no changes in the character of the site or its surroundings that affect how the policies of the General Plan, any applicable specific plan, or other standards of this Development Code apply to the project; and Facts to support finding: There have been no changes to the site or surrounding properties that would affect how the General Plan or Development Code applies to the Project. The site has been vacant since November 2020 and since the approval of 7 EXT 24-03 for TTM 21-05 (83054) September 10, 2024 Page 4 of 5 Tentative Tract Map No. TTM 21-05 (83054) in August 2021. The surrounding area has also remained largely unchanged since the Project was approved, as the Le Meridien hotel adjacent to the site was completed in May of 2021 prior to the approval of the Tentative Tract Map. As such, there have been no changes to the site or surrounding area that would affect how the General Plan or Development Code applies to the Project. Therefore, the finding can be made. 3. There have been no changes to the capacities of community resources, including but not limited to roads, sewage treatment or disposal facilities, schools, or water supply so that there is no longer sufficient remaining capacity to serve the project. Facts to support finding: There have been no changes to the capacities of community resources which will serve the Project. The new development projects proposed or approved in the immediate vicinity of the Project have considered the City’s ability to adequately service the Project, as the development was approved under the Seabiscuit Pacifica Specific Plan. Those projects have undertaken the applicable environmental reviews with the assumption that the Project will proceed, and all analyses have shown sufficient capacity of the roads, sewer, schools and water supply to service the proposed new developments and the Project. Therefore, there will continue to be sufficient capacities of community resources to service the Project. ENVIRONMENTAL ASSESSMENT Pursuant to the provisions of the California Environmental Quality Act (CEQA), the City has determined that the extension to the Project will not change the environmental findings that were previously adopted in the Initial Study/Mitigated Negative Declaration, and thus, no further CEQA review is required as an extension is not a project under CEQA Guidelines Section 15061(b)(3). RECOMMENDATION It is recommended that the Planning Commission adopt Resolution No. 2155 to approve Extension Request No. EXT 24-03 extending Tentative Tract Map No. TTM 21-05 (83054) for one (1) additional year, with a new expiration date of August 7, 2025. PLANNING COMMISSION ACTION Approval If the Planning Commission intends to approve a time extension of this Tentative Tract Map approval, the Commission should approve a motion for a one (1) year extension, find that the extension is exempt from the California Environmental Quality Act (CEQA), and that the map extension is consistent with the findings. Denial If the Planning Commission intends to deny a time extension of this Tentative Tract Map approval, the Commission should approve a motion to deny an extension and state the reason for not granting an extension. 8 EXT 24-03 for TTM 21-05 (83054) September 10, 2024 Page 5 of 5 If any Planning Commissioner, or other interested party has any questions or comments regarding this matter prior to the September 10, 2024, Planning Commission Meeting, please contact 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. 2155 Attachment No. 2: Extension Request Letter from the Applicant Attachment No. 3: Approved Tentative Tract Map No. TTM 21-05 (83054) 9 Attachment No. 1 Attachment No. 1 Resolution No. 21 10 1 RESOLUTION NO. 2155 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING A SUBSEQUENT ONE-YEAR TIME EXTENSION FOR THE APPROVAL OF TENTATIVE TRACT MAP NO. TTM 21-05 (83054) AT 180 W. HUNTINGTON DRIVE WHEREAS, on July 27, 2021, the Planning Commission approved Tentative Tract Map No. TTM 21-05 (83054) to subdivide the airspace of a previously approved mixed- use development project which includes 96 residential condominium units on the upper floors and five (5) commercial condominium units on the ground floor at 180 W. Huntington Drive, hereinafter collectively referred to as the “Project”; and WHEREAS, on August 7, 2023, a six (6) month time extension to the Project was approved administratively by Planning Services staff as all applicable findings could be made under 9108.11.090, and gave the Project an expiration of February 7, 2024; and WHEREAS, on February 7, 2024, an additional six (6) month time extension to the Project was approved administratively by Planning Services staff as all applicable findings could be made under 9108.11.090, and gave the Project an expiration of August 7, 2024; and WHEREAS, on August 7, 2024, Eric Chen, on behalf of SAICP, LLC (“Applicant”) applied for a subsequent, one (1) year time extension to the Project; and WHEREAS, on August 26, 2024, Planning Services staff completed an environmental assessment for the proposed Project in accordance with the California Environmental Quality Act (“CEQA”) and determined that the extension to the Project will not change the environmental findings that were previously adopted in the Initial Study/Mitigated Negative Declaration, and thus, no further CEQA review is required as an extension is not a project under CEQA Guidelines Section 15061(b)(3); and 11 2 WHEREAS, on September 10, 2024, a duly noticed public hearing was held before the Planning Commission on said extension request, 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 September 10, 2024, are true and correct. SECTION 2. This Commission finds that based upon the entire record, pursuant to Section 9108.11.090(F) of the Arcadia Development Code, all of the following findings can be made. 1. There have been no changes to the provisions of the General Plan, any applicable specific plan, or this Development Code applicable to the project since the approval of the tentative parcel or tract map; and FACT: There have been no changes to the provisions of the General Plan, Seabiscuit Pacifica Specific Plan, or the Development Code since August 7, 2021, which would impact the subject development and Tentative Tract Map No. TTM 21-05 (83054). The City approved a Housing Element update in February 2022. The updated Housing Element does not change the City’s intent for the subject site since it is a specific plan zone. However, the Housing Element update further encourages mixed-use development throughout the City’s commercial zones. The Development Code has not been changed in a way that would impact or preclude the approved development and tentative tract map from being developed. Therefore, this finding can be made. 12 3 2. There have been no changes in the character of the site or its surroundings that affect how the policies of the General Plan, any applicable specific plan, or other standards of this Development Code apply to the project; and FACT: There have been no changes to the site or surrounding properties that would affect how the General Plan or Development Code applies to the Project. The site has been vacant since November 2020 and since the approval of Tentative Tract Map No. TTM 21-05 (83054) in August 2021. The surrounding area has also remained largely unchanged since the Project was approved, as the Le Meridien hotel adjacent to the site was completed in May of 2021 prior to the approval of the Tentative Tract Map. As such, there have been no changes to the site or surrounding area that would affect how the General Plan or Development Code applies to the Project. Therefore, the finding can be made. 3. There have been no changes to the capacities of community resources, including but not limited to roads, sewage treatment or disposal facilities, schools, or water supply so that there is no longer sufficient remaining capacity to serve the project. FACT: There have been no changes to the capacities of community resources which will serve the Project. The new development projects proposed or approved in the immediate vicinity of the Project have considered the City’s ability to adequately service the Project, as the development was approved under the Seabiscuit Pacifica Specific Plan. Those projects have undertaken the applicable environmental reviews with the assumption that the Project will proceed, and all analyses have shown sufficient capacity of the roads, sewer, schools and water supply to service the proposed new developments 13 4 and the Project. Therefore, there will continue to be sufficient capacities of community resources to service the Project. SECTION 3. Pursuant to the provisions of the California Environmental Quality Act (“CEQA”), no further CEQA review is required as an extension is not a project per Section 15061(b)(3) of the CEQA Guidelines. SECTION 4. For the foregoing reasons the Planning Commission approves a subsequent one-year time extension for the approval of Tentative Tract Map No. TTM 21- 05 (83054) to subdivide the airspace of a previously approved mixed-use development project which includes 96 residential condominium units on the upper floors and five (5) commercial condominium units on the ground floor at 180 W. Huntington Drive. SECTION 5. The Secretary shall certify to the adoption of this Resolution. [SIGNATURES ON THE NEXT PAGE] 14 5 Passed, approved and adopted this 10th day of September, 2024 ______________________ Vincent Tsoi Chair, Planning Commission ATTEST: ______________________ Lisa L. Flores Secretary APPROVED AS TO FORM: ______________________ Michael J. Maurer City Attorney 15 Attachment No. 2 Attachment No. 2 16 17 Attachment No. 3 Attachment No. 3 18 19 DATE: September 10, 2024 TO: Honorable Chairman and Planning Commission FROM: Lisa Flores, Deputy Development Services Director Prepared By: Fiona Graham, Planning Services Manager SUBJECT: APPROVING VESTING TENTATIVE TRACT MAP NO. TTM 24-03 (82734) FOR THE APPROVED HUNTINGTON PLAZA MIXED USE PROJECT AT 117-129 E. HUNTINGTON DRIVE AND 124-134 WHEELER AVENUE CEQA: No Further Action Is Required to the Adopted IS/MND Recommendation: Adopt SUMMARY The Applicant and Property Owner, Arcadia Huntington Plaza, LLC, is requesting approval of a new Vesting Tentative Tract Map No. 24-03 (82734) for the approved mixed-use development project Huntington Plaza Mixed-Use at 117-129 E. Huntington Drive and 124-134 Wheeler Avenue . The original Vesting Tentative Tract Map No. TTM 19-01 (82734) expired on August 18, 2024. All the remaining entitlements for the Project are still valid. It is recommended that Planning Commission adopt Resolution No. 2154 (refer to Attachment No. 1) approving Vesting Tentative Tract Map No. 24-03 (82734). BACKGROUND On August 18, 2020, the City Council approved the Huntington Plaza Mixed Use development that included 10,200 square feet of commercial space, 139 condominiums, a publicly accessible plaza fronting Huntington Drive, and a single level of subterranean parking. To facilitate the Project, a portion of the alley between Huntington Drive and Wheeler Avenue will be vacated to accommodate the subterranean parking, and then an easement will be granted over the alley for public access for vehicular and pedestrian access. Furthermore, the Project included a Development Agreement between the City and the Applicant/Property Owner. The Development Agreement has a 10-year term that expires on October 2, 2030 to replace the 55 public parking spaces parking lot within the development on the ground floor, in perpetuity. 20 TTM 24-03 (82734) September 10, 2024 Page 2 of 9 The original Vesting Tentative Tract Map TTM 19-01 (82734) had an expiration date of August 18, 2022. The Applicant applied for, and received, two extensions for TTM 19-01: an initial one-year extension that was approved administratively by Staff on August 2, 2022, and a subsequent one-year extension that was approved by the Planning Commission on July 25, 2023. TTM 19-01 (82734) expired on August 18, 2024, and no further extensions were available. As with the original Vesting Tentative Tract Map, the Map proposes to merge the existing seven (7) parcels and re-subdivide the property into six (6) new lots including one (1) comprehensive ground lot (Lot 1) and five (5) airspace lots for the residential condominium units, commercial units, and residential, commercial, and public parking. Lot 2 will contain the residential parking and the 55 public parking stalls, Lots 3 & 4 will contain the retail parking, Lot 5 will contain the commercial units and retail parking, and Lot 6 will contain all the residential units. The Map is an essential component of the Huntington Plaza Mixed Use Project as the existing parcels must be merged, and the alley must be incorporated into the Project site to allow for the development. Since the Huntington Plaza Mixed Use Project was approved by the City Council in August 2020, the Applicant and property owner has continued to undertake the necessary actions Building Division for review on May 20, 2021. The plans have undergone several plan-check reviews and are now complete and ready for issuance, pending approval of a Final Tract Map. In preparation for the alley vacation a requirement for the approval of the Final Tract Map the Applicant received a sewer permit on June 26, 2024 to relocate the sewer from the alley and work is ongoing. The Applicant has also experienced unforeseen delays to the development. Southern California Edison changed its design requirements for mechanical equipment to be October 2022, a fire destroyed several vacant buildings on the subject property which required additional work by the property owner. These issues have now been resolved and the only outstanding item required prior to the issuance of building permits for the Huntington Plaza Mixed Use development, is the approval of a Final Tract Map. The expiration of the original Vesting Tentative Tract Map means that the development cannot move forward without a new map being approved. No further extensions of the original map were possible as the Applicant had already received two, one (1) year extensions pursuant to the Development Code. ANALYSIS The Vesting Tentative Tract Map will merge the existing seven (7) parcels, create six (6) lots, and subdivide the airspace for the residential condominium units, commercial units, and residential, commercial, and public parking for the approved Project. As part of the map, a triangular portion of property in the northeast corner of the project site adjacent to Wheeler Avenue and Indiana Street will be dedicated to the City for streets, sidewalks, and parking 21 TTM 24-03 (82734) September 10, 2024 Page 3 of 9 purposes. Adjacent to the east of the project site is a City owned parking lot which is not part of this Project. The City has plans to improve the City parking lot by reconfiguring and restriping the parking lot to improve circulation and increase the number of parking stalls. The proposed dedication will be incorporated into the proposed parking lot improvements. The City parking lot improvements will not be completed until after the Huntington Plaza Mixed Use Project is completed. The Vesting Tentative Tract Map is intended to establish vested rights pertaining to development standards for the development and protects those rights in the event there are subsequent changes to the applicable development standards. For this map, the Applicant has requested that current development standards be vested, such as density, floor area ratio, setbacks, and building height. Although the previous approval was finalized four (4) years ago, no subsequent changes to the Development Code or General Plan has affected the entitlements for this Project. Therefore, the development standards being vested are the same as those vested under the original map - TTM 19-01 (82734). The Applicant is currently in the Building plan check process for the Project and is working toward getting building permits issued to commence construction. However, prior to building permit issuance, various actions need to be completed including the approval of a final vesting tract map. The most significant outstanding action is the vacation of the east- west alley, which will ultimately be included in the development site. To allow for the alley vacation, the Applicant must relocate the sewer which runs through the alley. On June 26, 2024, the City issued a sewer permit and on relocating the sewer. Despite some delays over the past four years, which has slowed progress on the development, the Applicant is continuing to take steps towards getting building permits issued. Approval of this Vesting Tentative Tract Map will allow the Applicant to move forward with the outstanding items and pull building permits to begin construction after the final map gets approved. The proposed subdivision complies with the subdivision regulations of the Arcadia Development Code and the State Subdivision Map Act. All City requirements shall be complied with to the satisfaction of the Building Official, City Engineer, Deputy Development Services Director, Fire Marshal, and Public Works Services Director, or their respective designees. FINDINGS The proposal to subdivide the airspace for the commercial component, parking and the 139 residential condominium units requires a subdivision through the Tentative Tract Map process see Attachment No. 2 for Vesting Tentative Tract Map No. TTM 24-03 (82734). The proposed subdivision complies with the subdivision regulations of the Arcadia Municipal Code and the Subdivision Map Act, and will not violate any requirements of the California Regional Water Quality Control Board. The following findings are required for approval of a Tentative Tract Map: 22 TTM 24-03 (82734) September 10, 2024 Page 4 of 9 A. The proposed map, subdivision design, and improvements are consistent with the General Plan, any applicable specific plan, and the Subdivisions Division of the Development Code. Facts in Support of the Finding: Approval of the Vesting Tentative Tract Map for the approved Huntington Plaza Mixed-Use development is consistent with the Central Business District (CBD) and Downtown Mixed Use (DMU) Land Use designations. The site is physically suitable for this type of development, and the Vesting Tentative Tract Map is consistent with the approved Project on the subject site and is required and necessary for the development to be constructed. Approval of the proposed Vesting Tentative Tract Map will not adversely affect the comprehensive General Plan and it is still consistent with the following General Plan goals and policies: Land Use and Community Design Element Policy LU-1.1: Promote new infill and redevelopment projects that are uses. Policy LU-1.8: Encourage development types that support transit and other alternative forms of transportation, including bicycling and walking. Policy LU-4.2: Encourage residential development that enhances the visual B. The site is physically suitable for the type and proposed density of development. Facts in Support of the Finding: The subject site measures approximately 1.74 acres in lot size and is located within the Central Business District (CBD) and Downtown Mixed Use (DMU) zones. Both zones have a maximum residential density of 80 units per acre, and a floor area ratio of 1.0 for non-residential uses. The Vesting Tentative Tract Map will allow for a residential density of 79.9, and a commercial FAR of 0.14; therefore, the Vesting Tentative Tract Map is still in compliance with the Development Code and the site is physically suitable for the approved development. Therefore, the Vesting Tentative Tract Map meets the intent of this finding. C. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. Facts in Support of the Finding: The Vesting Tentative Tract Map to merge the seven (7) existing parcels, re-subdivide the property into six (6) new lots, and subdivide the air space for the approved development is a minor subdivision of an infill site within an urbanized area; therefore, it will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their 23 TTM 24-03 (82734) September 10, 2024 Page 5 of 9 habitat. The proposed Vesting Tentative Tract Map will allow for the development of D. The design of the subdivision or type of improvements is not likely to cause serious public health or safety problems. Facts in Support of the Finding: The Vesting Tentative Tact Map will merge the existing lots and subdivide the air space in order to accommodate the approved Huntington Plaza Mixed-Use development. No changes to the approved Project are proposed as part of this Vesting Tentative Tract Map approval. The design of the subdivision and the associated improvements are not likely to cause serious health or safety problems. E. The design of the subdivision or the type of improvements will not conflict with easements acquired by the public at large for access through or use of, property within the proposed subdivision (This finding shall apply only to easements of record or to easements established by judgement of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision). Facts in Support of the Finding: The Map will not conflict with any easements on the property. As part of the Vesting Tentative Tract Map process, the alley will be vacated, and an easement will be required to the City for the purposes of public access. F. The discharge of sewage from the proposed subdivision into the community sewer system will not result in violation of existing requirements specified by the California Regional Water Quality Control Board. Facts in Support of the Finding: The Arcadia Public Works Services Department upgraded sewer system will adequately serve the Project, and the requirements of the California Regional Water Quality Control Board will be satisfied. G. The proposed subdivision, its design, density, and type of development and the regulations of any public agency having jurisdiction by law. Facts in Support of the Finding: The approved design and site improvements within this Vesting Tentative Tract Map comply with all the regulations that were approved for the approved Project, therefore this approval meets the intent of this finding. 24 TTM 24-03 (82734) September 10, 2024 Page 6 of 9 ENVIRONMENTAL ASSESSMENT No further environmental review is necessary under the California Environmental Quality Act (CEQA) pursuant to Section 15162 since the Map will not result in any new significant impacts or changes from what was previously analyzed in the adopted Initial Study/Mitigated Negative Declaration (IS/MND) for the approved Huntington Plaza Mixed-Use Development (Refer to weblink as part of Attachment No. 3). PUBLIC COMMENTS/NOTICE August 29, 2024. It was also mailed to the property owners located within 300 feet of the subject property. As of September 5, 2024, no comments were received regarding this project. RECOMMENDATION It is recommended that the Planning Commission adopt Resolution No. 2154 to conditionally approve Vesting Tentative Tract Map No. TTM 24-03 (82734) and find that the vesting tentative tract map makes no change to the approved Huntington Plaza mixed use project and is therefore consistent with the adopted Mitigated Negative Declaration, and Mitigated Monitoring and Reporting Program, subject to the following conditions of approval: 1. The Vesting Tentative Tract Map shall be developed and maintained by the Applicant/Property Owner in a manner that is consistent with the plans submitted and conditionally approved for Vesting Tentative Tract Map No. TTM 24-03 (82734) subject to the approval of the Deputy Development Services Director, or designee. 2. All conditions of approval and mitigation measures in City Council Resolution No. 7331 for the Huntington Plaza Mixed Use Project remain in effect, with the exception to Condition Nos. 11, 12, and 13. They have been amended per this Resolution. The proposed language that will be deleted are shown with a strikethrough, and the new language are shown in bold. 3. Condition 11 of City Council Resolution No. 7331 has been amended to state the following: Prior to the recordation of the Final Tract Map, the public alley must shall be formally vacated and a public access easement over the entire alley shall be retained in its place. The following steps shall be taken to formally vacate the alley: a. All utilities shall be relocated out of the alley b. All utility companies shall be notified of the intent to vacate the alley and utility clearances shall be submitted to the City. 25 TTM 24-03 (82734) September 10, 2024 Page 7 of 9 c. The land owner shall make an application with the City to vacate the alley and pay the necessary fees. d. The City shall conduct a formal street vacation process for the alley per the requirements of the California Streets and Highways Code e. An access easement shall be retained by the City for public access across the alley alignment with a minimum height clearance of fifteen feet. f. The alley Vacation Resolution shall be recorded and documented on the final map. 4. Condition 12 City Council Resolution No. 7331 has been amended to state the following: Prior to the recordation of the Final Tract Map, the owner shall dedicate to the City a triangular portion of property in the northeast corner of the property adjacent to Wheeler Avenue and Indiana Street, measuring a minimum of 12-feet perpendicular to Indiana Street, for streets, sidewalk, and parking purposes. 5. Condition 13 City Council Resolution No. 7331 has been amended to state the following: Prior to approval of the Final Tract Map or the issuance of a demolition permit, whichever comes first, the Owner/Applicant shall either construct or post security for all public improvements shown on the Vesting Tentative Tract Map 82734 and the following item(s); a. Remove and replace existing sidewalk, curb and gutter from property line to property line for all adjacent public right-of-way. b. Coordinate with Public Works Services on replacement or protection of street trees. c. Install new driveway approach on Wheeler Avenue per City Standard plans d. Improvements to the alley shall be through the Project site and extend westerly to First Avenue. The improvement concept of the alley shall be in . currently in design at the time of this action. This concept plan is intended to include enhancements like pavers, bollards, lighting, etc. e. Furnish and install four (4) decorative pedestrian lights along Wheeler 6. 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 26 TTM 24-03 (82734) September 10, 2024 Page 8 of 9 Vesting Tentative Tract Map No. TTM 24-03 (82734) on the development site, and which may arise from the direct or indirect 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 Vesting Tentative Tract Map. 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 Vesting Tentative Tract Map, 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 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 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 Vesting Tentative Tract Map, this condition shall remain in effect if the entitlement(s) related to this Map is rescinded or revoked, at the request of the Applicant or not. 7. Approval of Vesting Tentative Tract Map No. TTM 24-03 (82734) shall not be in effect unless the Property Owner and Applicant have executed and filed the Acceptance Form with the City on or before 30 calendar days after the Planning Commission has adopted the Resolution. The executed Acceptance Form submitted to the Development Services Department is to indicate awareness and acceptance of the conditions of approval. PLANNING COMMISSION ACTION Approval If the Planning Commission intends to approve the Vesting Tentative Tract Map, the Commission should pass a motion to approve Vesting Tentative Tract Map No. TTM 24-03 27 TTM 24-03 (82734) September 10, 2024 Page 9 of 9 (82734), state the subdivision satisfies the requisite findings, and adopt the attached Resolution No. 2154 that incorporates the requisite environmental, subdivision review 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 subdivision, the Commission should state the specific findings that the subdivision does not satisfy based on the evidence presented with specific reasons for denial and move to deny Vesting Tentative Tract Map No. TTM 24- 03 (82734), and direct staff to prepare a resolution for adoption at the next meeting that If any Planning Commissioner, or other interested party has any questions or comments regarding this matter prior to the September 10, 2024, Planning Commission Meeting, please contact Planning Services Manager, Fiona Graham at (626) 574-5442, or by email at fgraham@ArcadiaCA.gov. Approved: Lisa L. Flores Deputy Development Services Director Attachment No. 1: Resolution No. 2154 Attachment No. 2: Vesting Tentative Tract Map 82734 Attachment No. 3: City Council Staff Report, dated August 18, 2020, including the following selection of attachments: Attachment No. 3 Aerial Photo and Zoning Information and Photos of the Subject Property Attachment No. 6 Architectural Plans The staff report with all attachments including the IS/MND can be found here: https://laserfiche.arcadiaca.gov/WebLink/DocView.aspx?id=808898& dbid=0&repo=CityofArcadia 28 Attachment No. 1 Attachment No. 1 Resolution No. 2154 29 RESOLUTION NO. 2154 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING VESTING TENTATIVE TRACT MAP NO. TTM 24-03 (82734) FOR THE APPROVED HUNTINGTON PLAZA MIXED-USE PROJECT AT 117-129 E. HUNTINGTON DRIVE AND 124-134 WHEELER AVENUE WHEREAS, on August 15, 2024, an application for Vesting Tentative Tract Map No. TTM 24-03 (82734) was filed by New World International, LLC to merge the existing seven (7) parcels and re-subdivide the property into six (6) new lots and five (5) airspace lots for the residential condominium units, commercial units, and public parking for the Huntington Plaza Mixed Use Project which was approved under Minor Use Permit No. MUP 20-04, Major Administrative Modification No. Major AM 20-11, Architectural Design Review No. ADR 18-05, and Vesting Tentative Tract Map No. TTM 19-01 (82734, which has since expired) at 117-129 E. Huntington Drive and 124-134 Wheeler Avenue; and WHEREAS, a total of two extensions were approved for the Vesting Tentative Tract Map No. TTM 19-01 (82734) since the original expiration date of August 18, 2022. The first extension was approved administratively for one-year, which extended the approval to August 18, 2023. A subsequent one-year extension was approved the following year by the Planning Commission on July 25, 2024, which extended the expiration date to August 18, 2024; and WHEREAS, the original Vesting Tentative Tract Map No. TTM 19-01 (82734) expired on August 18, 2024 because the Applicant was unable to complete all the required conditions of approval and actions necessary for the approval of a Final Vesting Tract Map; and 30 2 WHEREAS, no further environmental review is necessary for the new Vesting Tentative Tract Map under the California Environmental Quality Act (CEQA) pursuant to Section 15162 since the Map will not change the environmental findings that were previously analyzed in the adopted Initial Study/Mitigated Negative Declaration (IS/MND), and thus, no further CEQA review is required for the Map since it is the same and the zoning regulations that is being vested remains the same as what was previously approved under the original map that expired; and WHEREAS, on September 10, 2024, a duly noticed public hearing was held before the Planning Commission on said Vesting Tentative Tract Map, 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 HEREBY RESOLVES AS FOLLOWS: SECTION 1. The factual data submitted by the Community Development Division in the staff report dated September 10, 2024, are true and correct. SECTION 2. This Commission finds, based upon the entire record: A. The proposed map, subdivision design, and improvements are consistent with the General Plan, any applicable specific plan, and the Subdivisions Division of the Development Code. FACT: Approval of the Vesting Tentative Tract Map for the approved Huntington Plaza Mixed-Use development is consistent with the Central Business District (CBD) and Downtown Mixed Use (DMU) Land Use designations. The site is physically suitable for this type of development, and the Vesting Tentative Tract Map is consistent with the approved Project on the subject site and is required and necessary for the development 31 3 to be constructed. Approval of the proposed Vesting Tentative Tract Map will not adversely affect the comprehensive General Plan and it is still consistent with the following General Plan goals and policies: Land Use and Community Design Element Policy LU-1.1: Promote new infill and redevelopment projects that are consistent with the City’s land use and compatible with surrounding existing uses. Policy LU-1.8: Encourage development types that support transit and other alternative forms of transportation, including bicycling and walking. Policy LU-4.2: Encourage residential development that enhances the visual character, quality, and uniqueness of the City’s neighborhoods and districts. B. The site is physically suitable for the type and proposed density of development. FACT: The subject site measures approximately 1.74 acres in lot size and is located within the Central Business District (CBD) and Downtown Mixed Use (DMU) zones. Both zones have a maximum residential density of 80 units per acre, and a floor area ratio of 1.0 for non-residential uses. The Vesting Tentative Tract Map will allow for a residential density of 79.9, and a commercial FAR of 0.14; therefore, the Vesting Tentative Tract Map is still in compliance with the Development Code and the site is physically suitable for the approved development. Therefore, the Vesting Tentative Tract Map meets the intent of this finding. C. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 32 4 FACT: The Vesting Tentative Tract Map to merge the seven (7) existing parcels, re-subdivide the property into six (6) new lots, and subdivide the air space for the approved development is a minor subdivision of an infill site within an urbanized area; therefore, it will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The proposed Vesting Tentative Tract Map will allow for the development of the approved Huntington Plaza project and will not change the Project’s design. D. The design of the subdivision or type of improvements is not likely to cause serious public health or safety problems: FACT: The Vesting Tentative Tact Map will merge the existing lots and subdivide the air space in order to accommodate the approved Huntington Plaza Mixed-Use development. No changes to the approved Project are proposed as part of this Vesting Tentative Tract Map approval. The design of the subdivision and the associated improvements are not likely to cause serious health or safety problems. E. The design of the subdivision or the type of improvements will not conflict with easements acquired by the public at large for access through or use of, property within the proposed subdivision (This finding shall apply only to easements of record or to easements established by judgement of a court of competent jurisdiction and no authority is hereby granted to the review authority to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision). FACT: The Map will not conflict with any easements on the property. As part of the Vesting Tentative Tract Map process, the alley will be vacated, and an easement will be required to the City for the purposes of public access. 33 5 F. The discharge of sewage from the proposed subdivision into the community sewer system will not result in violation of existing requirements specified by the California Regional Water Quality Control Board. FACT: The Arcadia Public Works Services Department determined that the City’s upgraded sewer system will adequately serve the Project, and the requirements of the California Regional Water Quality Control Board will be satisfied. G. That the proposed design and site improvements of the subdivision conform to the regulations of this Development Code and the regulations of any public agency having jurisdiction by law. FACT: The approved design and site improvements within this Vesting Tentative Tract Map comply with all the regulations that were approved for the approved Project, therefore this approval meets the intent of this finding. SECTION 3. No further environmental review is necessary under the California Environmental Quality Act (CEQA) pursuant to Section 15162 since the Vesting Tentative Tract Map will not result in any new significant impacts from what was previously analyzed in the adopted Mitigated Negative Declaration for the Huntington Plaza Mixed Use Project. SECTION 4. For the foregoing reasons the Planning Commission determines that the Vesting Tentative Tract Map is consistent with the adopted Mitigated Negative Declaration for the Huntington Plaza Mixed Use Project, and approves Vesting Tentative Tract Map No. 24-03 (82734) to merge the existing properties and subdivide the airspace of the approved Huntington Plaza Mixed Use Project that consists of 139 residential condominiums and 10,200 square feet of commercial area at 117-129 E. Huntington Drive 34 6 and 124-134 Wheeler Avenue, subject to the conditions of approval attached hereto and in City Council Resolution No. 7331. SECTION 5. The Secretary shall certify to the adoption of this Resolution. (Signature on Next Page) 35 7 Passed, approved, and adopted this 10th day of September 2024. ________________________ Chair, Planning Commission ATTEST: Lisa L. Flores Secretary APPROVED AS TO FORM: Michael J. Maurer City Attorney 36 8 RESOLUTION NO. 2154 Conditions of Approval 1. The Vesting Tentative Tract Map shall be developed and maintained by the Applicant/Property Owner in a manner that is consistent with the plans submitted and conditionally approved for Vesting Tentative Tract Map No. TTM 24-03 (82734) subject to the approval of the Deputy Development Services Director, or designee. 2. All conditions of approval and mitigation measures in City Council Resolution No. 7331 for the Huntington Plaza Mixed Use Project remain in effect, with the exception to Condition Nos. 11, 12, and 13. They have been amended per this Resolution. The proposed language that will be deleted are shown with a strikethrough, and the new language are shown in bold. 3. Condition 11 of City Council Resolution No. 7331 has been amended to state the following: Prior to the recordation of the Final Tract Map, the public alley must shall be formally vacated and a public access easement over the entire alley shall be retained in its place. The following steps shall be taken to formally vacate the alley: a. All utilities shall be relocated out of the alley b. All utility companies shall be notified of the intent to vacate the alley and utility clearances shall be submitted to the City. c. The land owner shall make an application with the City to vacate the alley and pay the necessary fees. d. The City shall conduct a formal street vacation process for the alley per the requirements of the California Streets and Highways Code e. An access easement shall be retained by the City for public access across the alley alignment with a minimum height clearance of fifteen feet. f. The alley Vacation Resolution shall be recorded and documented on the final map. 4. Condition 12 City Council Resolution No. 7331 has been amended to state the following: Prior to the recordation of the Final Tract Map, the owner shall dedicate to the City a triangular portion of property in the northeast corner of the property adjacent to Wheeler Avenue and Indiana Street, measuring a minimum of 12-feet perpendicular to Indiana Street, for streets, sidewalk, and parking purposes. 5. Condition 13 City Council Resolution No. 7331 has been amended to state the following: 37 9 Prior to approval of the Final Tract Map or the issuance of a demolition permit, whichever comes first, the Owner/Applicant shall either construct or post security for all public improvements shown on the Vesting Tentative Tract Map 82734 and the following item(s); a. Remove and replace existing sidewalk, curb and gutter from property line to property line for all adjacent public right-of-way. b. Coordinate with Public Works Services on replacement or protection of street trees. c. Install new driveway approach on Wheeler Avenue per City Standard plans d. Improvements to the alley shall be through the Project site and extend westerly to First Avenue. The improvement concept of the alley shall be in accordance with the City’s alley improvement plan. currently in design at the time of this action. This concept plan is intended to include enhancements like pavers, bollards, lighting, etc. e. Furnish and install four (4) decorative pedestrian lights along Wheeler Avenue per the City Engineer’s direction. 6. 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 Vesting Tentative Tract Map No. TTM 24-03 (82734) on the development 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 Vesting Tentative Tract Map. 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 Vesting Tentative Tract Map, 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 38 10 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 Vesting Tentative Tract Map, this condition shall remain in effect if the entitlement(s) related to this Map is rescinded or revoked, at the request of the Applicant or not. 7. Approval of Vesting Tentative Tract Map No. TTM 24-03 (82734) shall not be in effect unless the Property Owner and Applicant have executed and filed the Acceptance Form with the City on or before 30 calendar days after the Planning Commission has adopted the Resolution. The executed Acceptance Form submitted to the Development Services Department is to indicate awareness and acceptance of the conditions of approval. 39 Attachment No. 2 Attachment No. 2 Vesting Tentative Tract Map 82734 40 41 42 43 44 Attachment No. 3 Attachment No. 3 City Council Staff Report, dated August 18, 2020, including a selection of attachments: The staff report with all attachments including the IS/MND can be found here: https://laserfiche.arcadiaca.gov/WebLink/D ocView.aspx?id=808898&dbid=0&repo=Cit yofArcadia 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 ARCADIA PLANNING COMMISSION REGULAR MEETING MINUTES TUESDAY, AUGUST 13, 2024 Any writings or documents provided to a majority of the Planning Commission regarding any item on this agenda will be made a, 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, and Tallerico (via teleconference) ABSENT: Hui It was moved by Vice Chair Wilander and seconded by Commissioner Arvizu to excuse Commissioner Hui from the meeting. Without objection, the motion was approved. SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS Deputy Development Services Director Lisa Flores informed the Commission that Commissioner Tallerico will be joining us remotely via Zoom. PUBLIC COMMENTS (5 minute time limit per person) There were none. PUBLIC HEARING Chair Tsoi recused himself from public hearing Item No. 1 due to a conflict of interest. He informed the Commission that his architectural firm was the designer on this project and the He left the Council Chambers during this item, and Vice-Chair Wilander ran the meeting. 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. MOTION - PUBLIC HEARING Vice Chair Wilander introduced the item and Senior Planner Edwin Arreola presented the staff report. Commissioner Tallerico asked if it is possible to complete the project without removing the healthy protected trees. 141 2 8/13/2024 Mr. Arreola explained that the parking lot needs to be reconfigured to accommodate the new building in order to meet the number of required parking spaces and driveway aisles, therefore the trees had to be removed. Commissioner Arvizu asked if any part of the existing building will be demolished and asked what the height of the existing building will be, including the new addition. Mr. Arreola clarified that no part of the existing building will be demolished because the new structure will be constructed from the ground up over the current parking lot area and adjacent to the existing building. Vice Chair Wilander asked if a discretionary review will be required if the operating hours were to be changed in the future. Mr. Arreola stated that they will not require to amend their Conditional Use Permit because the hours of operation were not conditioned. The public hearing was opened. Yun Wang introduced herself as a representative of the Applicant and made herself available for questions. The Commissioners did not have any questions for the Applicant. 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. A member of the audience requested that the public hearing be reopened to ask a question. Commissioner Arvizu made a motion to reopen the public hearing and Commissioner Tallerico seconded the motion. Without objection, the motion was approved. Jennie Wang introduced herself as a neighbor adjacent to the project site. Ms. Wang asked for more information about the project because she was concerned about overflow parking and the increase of activity on the weekends. Mr. Arreola said that the rear setback will be - and there will be parking spaces between the new building and the neighbors which will serve as a buffer from any noise impacts. Mr. Arreola said that the proposal was reviewed by the Engineering Division, and they did not express any concerns. He added that given the building will be used by the children of existing church members no impacts to the parking lot activity and traffic are expected in the surrounding area. The speaker had no further comment or questions. 142 3 8/13/2024 Commissioner Tallerico made a motion to close the public hearing. Commissioner Arvizu seconded the motion. Without objection, the motion was approved. DISCUSSION Commissioner Tallerico thinks it is wonderful when any faith-based institution expands their facilities and services. Mr. Tallerico said that the materials presented did not indicate any potential concerns and did not see any issues with the project. Commissioner Arvizu said he agreed with Commissioner Tallerico and said he had no reservations about the project. He added that the project will benefit and enrich the community. Mr. Arvizu was first concerned about parking impacts but not any longer after learning the scope of the project. Vice Chair Wilander agreed with her fellow Commissioners and said that the project will meet the needs of the community. Ms. Wilander said that it is refreshing to see a project that super exceeds the minimum requirements. MOTION It was moved by Commissioner Tallerico, seconded by Commissioner Arvizu to adopt 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 in which the findings were made and is CEQA exempt. ROLL CALL AYES: Vice Chair Wilander, Commissioners Arvizu, and Tallerico NOES: None ABSENT: Hui Chair Tsoi recused himself from voting. The motion was approved. There is a ten (10) day appeal period. Appeals are to be filed by 5:30 p.m. on Monday, August 26, 2024. Chair Tsoi resumed back to his position. 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 143 4 8/13/2024 MOTION - PUBLIC HEARING Chair Tsoi introduced the item and Associate Planner Gary Yesayan presented the staff report. Commissioner Arvizu asked if there is a second entrance at the rear of the unit for those who will park at the rear of the building. Mr. Yesayan said that there is a door at the rear but deferred the question to the Applicant to answer if it will be accessible to customers. The public hearing was opened. Efren Covarrubias introduced himself as the Applicant and stated that he owns another laundromat in El Monte and has been in the laundromat industry for 11 years. He added that he performs the repairs and maintenance of his own machines. Mr. Covarrubias said his laundromat will benefit the community given that there are none in the area. He confirmed that the rear door will be available for public use. The Commissioners thanked him for speaking and did not have any questions for him. No one spoke in favor of the proposal. No one spoke in opposition to the proposal. Vice Chair Wilander made a motion to close the public hearing. Commissioner Tallerico seconded the motion. Without objection, the motion was approved. DISCUSSION Vice Chair Wilander said this is a good use for the area. Ms. Wilander thought it was great the Applicant does his own maintenance and repairs. Commissioner Arvizu said his only concern was the impact on parking in the area but was satisfied to learn the back entrance will be available for public use. Commissioner Tallerico expressed no concerns with the proposal and said it is a great use for the community. Chair Tsoi pointed out that there are not many laundromats opening now-a-day and agreed that this will benefit the neighborhood. MOTION It was moved by Vice Chair Wilander, seconded by Commissioner Arvizu to adopt 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 in which the findings were made and is CEQA exempt. 144 5 8/13/2024 ROLL CALL AYES: Chair Tsoi, Vice Chair Wilander, Commissioners Arvizu, and Tallerico NOES: None ABSENT: Hui The motion was approved. There is a ten (10) 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 MOTION - PUBLIC HEARING Chair Tsoi introduced the item and Senior Planner Edwin Arreola presented the staff report. Commissioner Arvizu asked if there will be rear access for the public from the parking spaces in the rear of the building. Mr. Arreola said there is a rear door, but it will lead to the staff breakroom and therefore not available for public use. Chair Tsoi pointed out there is a sink in one of the private rooms and not in the second private room. Mr. Tsoi asked if there is a requirement for sinks in the massage rooms. Mr. Arreola said there is not a requirement, and the sink is being proposed by the Applicant. Chair Tsoi asked if there is a requirement for windows into the massage rooms. Mr. Arreola said no, for privacy purposes the rooms will not have windows. Chair Tsoi pointed out that the waiting area at the entrance of the business is large and asked what will be proposed for the space. Mr. Arreola said the space will be utilized as a waiting area and if the Applicant wishes to modify the floor plan they will need to make an amendment to their Conditional Use Permit. Commissioner Arvizu asked if the sink in the room was existing or if it will be added. Mr. Arreola deferred the question to the Applicant. The public hearing was opened. With the help of a translator, Wen Sun, introduced himself as the Applicant and made himself available for questions. 145 6 8/13/2024 Commissioner Arvizu asked if the sink is proposed to be installed or if it was existing. Mr. Sun said that the sink was existing. Commissioner Arvizu expressed concern about the parking and suggested the Applicant have their employees park in the rear parking spaces to alleviate congestion in the main parking lot. Vice Chair Wilander asked how the two masseuses will know someone walked in if they are both working on a client. Ms. Wilander followed up with asking if there are cameras in the lobby. Mr. Sun said there are currently no cameras over the lobby area, but he will install them for that reason. Vice Chair Wilander asked if the breakroom area will be used only by the employees. Mr. Sun said yes, the break room will only be used by the employees. Chair Tsoi asked if there will be shifts with more than two masseuses since the business will be open daily from 10:00 a.m. to 9:00 p.m. Mr. Sun said that he will add more employees and have shifts. The Commissioners did not have any further questions for the Applicant. 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. Vice Chair Wilander seconded the motion. Without objection, the motion was approved. DISCUSSION Vice Chair Wilander said that the Applicant has many years of experience as a masseuse and is in support of their proposal. Commissioner Arvizu had no additional comments. Commissioner Tallerico agreed with the Commissioners. Chair Tsoi made the observation that two items on the agenda are located in a part of the City that has not seen many projects lately and is happy to see there are good businesses opening in the area. 146 7 8/13/2024 MOTION It was moved by Vice Chair Wilander, seconded by Commissioner Tallerico to adopt Resolution No. 2151 approving Conditional Use Permit No. CUP 24-04 to allow a new massage business at 171 East Live Oak Avenue Unit B in which the findings were made and is CEQA exempt. ROLL CALL AYES: Chair Tsoi, Vice Chair Wilander, Commissioners Arvizu, and Tallerico NOES: None ABSENT: Hui The motion was approved. There is a ten (10) day appeal period. Appeals are to be filed by 5:30 p.m. on Monday, August 26, 2024. CONSENT CALENDAR 1. Minutes of the July 9, 2024, Regular Meeting of the Planning Commission Recommendation: Approve Commissioner Arvizu motioned to approve the minutes and seconded by Commissioner Tallerico. ROLL CALL AYES: Chair Tsoi, Vice Chair Wilander, Arvizu, and Tallerico NOES: None ABSENT: Hui The motion was approved. MATTERS FROM CITY COUNCIL LIAISON City Council Member Kwan had nothing to report. MATTERS FROM THE PLANNING COMMISSONERS Vice Chair Wilander reported that the League of Women Voters will be hosting an ice cream social to raise funds on Sunday, September 8, 2024. Commissioner Tallerico asked Assistant City Attorney, Kellan Martz for a follow up on his question regarding attending the City Council meeting to speak. Mr. Martz confirmed that a Planning Commissioner may speak during public comments as a Commissioner or as a resident. Ms. Flores asked Commissioner Arvizu for confirmation about his attendance to the September 10 Planning Commission meeting. 147 8 8/13/2024 Commissioner Arvizu stated that he will be absent at the September 10 meeting. MATTERS FROM ASSISTANT CITY ATTORNEY Mr. Martz had nothing to report. MATTERS FROM STAFF INCLUDING UPCOMING AGENDA ITEMS Ms. Flores reported that the assisted living care project will be presented to City Council on August 20, 2024. Ms. Flores reported that the Planning Commission meeting on August 27 has been cancelled. Ms. Flores reported that there will be a full agenda for the September 10 meeting including a Association Appeal, a map extension for the Le Phase II, a new Vesting Tentative Tract Map for the Huntington Plaza Mixed Use Project, and the Planning Reorganization. Commissioner Arvizu asked what Architectural Review Board the Appeal was for. Ms. Flores said it is for the Santa Anita Village Association. Chair Tsoi asked if the other half of Le Meridien site has broken ground. Ms. Flores said they have not received their building permits but must make improvements to the site to comply and prepare for the construction of a new surface parking lot to facilitate the hotel. Ms. Flores informed the Commission about the Scoping Meeting for the Alexan Arroyo project on August 29, 2024. ADJOURNMENT The Planning Commission adjourned the meeting at 8:03 p.m., to Tuesday, August 27, 2024, at 7:00 p.m. in the City Council Chamber. Chair Tsoi, Planning Commission ATTEST: Lisa L. Flores Secretary, Planning Commission 148