HomeMy WebLinkAbout7618RESOLUTION NO. 7618
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, DENYING THE APPEAL AND UPHOLDING THE
PLANNING COMMISSION'S APPROVAL OF THE ARCADIA TOWN
CENTER MIXED -USE DEVELOPMENT, INCLUDING 181 RESIDENTIAL
UNITS AND 13,130 SQUARE FEET OF COMMERCIAL SPACE;
APPROVING ASSOCIATED ENTITLEMENTS (TENTATIVE TRACT MAP
NO. TTM 21-02 (83325), MINOR USE PERMIT NO. MUP 19-11, SITE
PLAN & DESIGN REVIEW NO. ADR 19-09, AND CERTIFICATE OF
DEMOLITION NO. COD 22-25) FOR THE PROPERTY LOCATED AT 5-19
W. HUNTINGTON DRIVE AND 25-75 N. SANTA ANITA AVENUE; AND
ADOPTING THE INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
("MND") PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT ("CEQA")
WHEREAS, on August 29, 2019, September 3, 2019, January 8, 2021, and
November 3, 2022, applications for Architectural Design Review No. ADR 19-09, Minor
Use Permit No. MUP 19-11, Tentative Tract Map No. TTM 21-02 (83325), and Certificate
of Demolition No. COD 22-25 were filed concurrently by New World International, LLC
("Property Owner/Applicant") to construct the "Arcadia Town Center," a new mixed -use
development at 5-19 W. Huntington Drive and 25-75 N. Santa Anita Avenue. The
proposal is to consolidate five legal lots into a single parcel to accommodate a new five -
story, mixed -use building that will consist of 181 residential units, 13,130 square feet of
ground -floor commercial space, and 378 parking spaces within one level of subterranean
parking and one level of ground level parking. The request also includes incidental
outdoor dining for the restaurant uses on the ground level (collectively referred to as the
"Arcadia Town Center"); and
WHEREAS, in accordance with the CEQA guidelines, a Draft Initial
Study/Mitigated Negative Declaration ("IS/MND") was prepared to consider the
environmental impacts of the Project and was circulated for public review and comment
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for 30 days from November 21, 2024, to December 20, 2024. During this time period,
public agencies, organizations, and the public in general were afforded the opportunity to
review the Draft IS/MND, and submit written comments regarding the documents and the
Project; and
WHEREAS, the IS/MND concluded that the implementation of the Project will have
less -than significant impacts with mitigation measures for the following categories:
Cultural Resources, Hazards & Hazardous Materials, Noise, Transportation, Utilities and
Service Systems, and Tribal Cultural Resources; and
WHEREAS, on January 14, 2025, a duly noticed public hearing was held before
the Planning Commission on said Project, at which time all interested persons were given
full opportunity to be heard and to present evidence; and
WHEREAS, on January 14, 2025, the Planning Commission reviewed the project,
heard the public testimonies, and adopted the IS/MND with the Mitigated Monitoring and
Reporting Program ("MMRP"), and approved the Project with a 4-0 vote, with
Commissioner Arvizu absent; and
WHEREAS, within the prescribed 10-day appeal period, the Project was appealed
by the Lozeau Drury LLP on behalf of Supporters Alliance for Environmental
Responsibility ("SAFER"); and
WHEREAS, on March 18, 2025, a duly noticed public hearing was held before the
City Council on said application, at which time all interested persons were given full
opportunity to be heard and to present evidence.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, HEREBY RESOLVES AS FOLLOWS:
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SECTION 1. The factual data submitted by the Development Services Department
in the staff report dated March 18, 2025, are true and correct.
SECTION 2. The City Council finds, based upon the entire record, pursuant to
Sections 9107.09.050(B) of the Development Code, all of the following findings can be
made.
Minor 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 Minor
Use Permit, and complies with all other applicable provisions of this Development Code
and the Municipal Code.
FACT: Approval of the proposed mixed -use development and incidental outdoor
dining would be consistent with the General Plan Land Use Designation of Downtown
Mixed Use, which allows a residential density of 80 units per acre and a commercial floor
area ratio of 1.0. This land use designation allows mixed -use development and strongly
encourages a pedestrian -oriented environment with a complementary mix of commercial
and residential uses. The residential units will provide vitality to the area and the proposed
commercial uses and restaurants with outdoor dining will help generate increased activity
in Downtown Arcadia and along Santa Anita Avenue and Huntington Drive, and it will
continue to convey a commercial appearance along the street. The proposed Arcadia
Town Center complies with all the development standards within the DMU Zone, including
but not limited to setbacks, height, open space, density, and parking. As such, the project
meets the Development and Municipal Code requirements. As required by the California
Environmental Quality Act ("CEQA"), the Development Services Department prepared an
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Initial Study and Mitigated Negative Declaration ("MND") for the proposed project, which
determined that the project, with mitigation measures, will have less -than -significant
impacts. Therefore, the proposed mixed -use development and outdoor dining will not
adversely affect the comprehensive General Plan and is consistent with the following
General Plan goals and policies:
Land Use and Community Design Element
• Policy LU-1.1: Promote new infill and redevelopment projects that are consistent
with the City's land use and compatible with surrounding existing uses.
• Policy LU-1.8: Encourage development of types that support transit and other
alternative forms of transportation, including bicycling and walking.
• Policy LU-4.2: Encourage residential development that enhances the visual
character, quality, and uniqueness of the City's neighborhoods and districts.
• Policy LU-4.3: Require the provision of adequate private and common open space
for residential units. Require sufficient on -site recreational facilities to meet the daily
needs of residents, if possible, commensurate with the size of the development.
• Policy LU-6.4: Encourage design approaches that create a cohesive, vibrant look
and that minimize the appearance of expansive parking lots on major commercial
corridors for new or redeveloped uses.
Policy LU-6.5: Where mixed use is permitted, promote commercial uses that are
complementary to adjacent residential uses.
2. The design, location, size, and operating characteristics of the proposed activity
will be compatible with the existing and future land uses in the vicinity.
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FACT: The subject site will be 2.19 acres in size (after the dedication to the City
for public right-of-way improvements) and is located in the Downtown Mixed Use ("DMU")
Zone. The site is located within the City's Downtown area and is bounded by Mercedes
Benz of Arcadia to the north across Morlan Place, Denny's restaurant and other
commercial businesses to the east across Santa Anita Avenue, the Arcadia Elks Lodge
and other commercial uses to the west, and the Arcadia County Park to the south. The
proposed mixed -use development will provide ground -floor commercial uses that will be
compatible with the existing and future land uses in the vicinity. The project will also
provide a residential use that will bring an increase to the residential population in the
Downtown area that will support the commercial uses in the area. Additionally, outdoor
dining will provide added curb appeal to the Arcadia Town Center and activate the
commercial area around the development. As such, the Arcadia Town Center meets the
intent of the City's General Plan vision of the of the DMU Zone, which is to encourage a
mix of residential and commercial uses near public transit. Therefore, the proposed
development 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 project site will be 2.19 acres in size and can physically accommodate
the proposed mixed -use development and outdoor dining. The residential component of
the project will provide a density of approximately 79.7 units per acre, which is in
compliance with the maximum density for the DMU Zone. The commercial component of
the project will have a floor area ratio ("FAR") far below the maximum allowable FAR of
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1.0. All outdoor dining areas have been designed to be located on private property and
will not interfere with pedestrian access on or around the site. Additionally, the amount of
on -site parking that will be provided for the development meets the minimum required by
the Development Code and the project is in close proximity to the Metro A Line Station.
Therefore, the site is adequate in size to accommodate the proposed mixed -use
development.
b. Streets and highways adequate in width and pavement type to accommodate
public and emergency vehicle (e.g., fire and medical) access;
FACT: The project site is located on the northwest corner of Huntington Drive and
Santa Anita Avenue. These streets are designed to be adequate in width and pavement
type to carry emergency vehicles and traffic generated by the proposed uses on the 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 there will be no impacts to public protection services. As part of the
environmental review process, the Initial Study and Mitigated Negative Declaration
("MND") determined that Fire and Police protection services would not be impacted. The
need for new or altered Fire or Police services is usually associated with substantial
population growth. Arcadia Town Center would provide approximately 0.82% of the
projected population of 62,200 persons by 2045, as projected by the Southern California
Association of Governments. This population growth is not considered substantial enough
to require new facilities to provide public protection services. To the extent that there will
be any direct impact to fire protection services, this development would be subject to
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paying its fair share through the City's Fire Impact Fee established for the Downtown.
Therefore, no impacts to public protection services are anticipated.
d. The provision of utilities (e.g., potable water, schools, solid waste collection and
disposal, storm drainage, wastewater collection, treatment, and disposal, etc.).
FACT: As part of the development, new utility connections, including connections
for potable water and storm drainage, will be required. Implementation of best
management practices by the Applicant during construction and operation would ensure
impacts to water quality do not occur. The site can be adequately served by all required
utilities through interconnection with existing utilities within City right-of-way abutting the
site. The development will require a fair -share payment for upsizing of a sewer line, which
is anticipated to be built by the City.
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.
FACT: The Arcadia Town Center is not anticipated to be detrimental to the public
health or welfare of the surrounding properties. The project will be compatible with the
surrounding commercial uses in the general area. The Initial Study and Mitigated Negative
Declaration ("MND") prepared for the Arcadia Town Center analyzed all the potential
impacts and all the project impacts are less than significant or can be reduced to less than
significant level with the implementation of the recommended mitigation measures.
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Therefore, no impacts to the uses in the vicinity and zone in which the property is located
are anticipated.
Tentative Tract Mai}
Tentative Tract Map Section 9105.03.060(A) of the Development Code requires that for a
Tentative Tract Map to be granted, it must be found that all of the following findings can
be satisfied:
1. 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 Arcadia Town Center with a tentative tract map to merge
five lots together as one parcel and then subdivide the airspace for condominium purposes
is consistent with the Downtown Mixed Use land use designation. The land use
designation is intended to accommodate mixed -use development with a residential density
of up to 80 units per acre, and a floor area ratio of 1.0. The Arcadia Town Center is located
in the Downtown area and is in conformance with the City's General Plan, Development
Code, and the Subdivision Map Act. The site is physically suitable for this type of
development, and the approval of the architectural design for the building is compatible
with the scale and character of the existing neighborhood
2. The site is physically suitable for the type and proposed density of development.
FACT: The subject site will measure approximately 2.19 acres in size and is located
within the Downtown Mixed Use ("DMU") Zone. The DMU Zone has a maximum residential
density of 80 units per acre, and a maximum floor area ratio of 1.0 for non-residential uses.
The Arcadia Town Center proposes a residential density of 79.7, and a commercial FAR
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of 0.13. Therefore, the development is in compliance with the Development Code and the
site is physically suitable for the proposed development. In addition, there are no physical
impediments to the development of this site for residential condominiums.
3. 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.
FACT: The proposed tentative tract map involves merging five lots into a single
parcel and subdividing the air space for the mixed -use development. This is considered a
minor subdivision on an infill site within an urbanized area. The Initial Study and Mitigated
Negative Declaration ("MND") have assessed the potential biological impacts of the project
on the natural environment and determined that no significant effects would occur. As a
result, the project will not cause substantial environmental harm or harm to fish, wildlife,
or their habitats.
4. The design of the subdivision or type of improvements is not likely to cause
serious public health or safety problems.
FACT: The proposed subdivision is to merge five lots together as one parcel and
subdivide the air space of the proposed mixed -use development. The construction of the
Arcadia Town Center will be done in compliance with Building and Fire Codes and all other
applicable regulations. The proposed density will be below the maximum allowed by the
DMU zone and the Arcadia Town Center January 14, 2025, Page 21 of 37 City's existing
infrastructure will adequately serve the new development. In addition, the Project meets
all health and safety requirements and will not cause any public health or safety problems.
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5. 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).
FACT: The Arcadia Town Center will not impose on any public easements and will
provide dedications for public sidewalk access to the City along Santa Anita Avenue and
Huntington Drive. Therefore, no conflicts for the use of any easements are expected.
6. 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
infrastructure will adequately serve the Arcadia Town Center. The City is currently in the
process of upsizing an existing sewer line along Santa Anita Avenue that serves the
project for which the Applicant will pay a fair share cost to help fund the project. Upon
completion, the sewer line will adequately serve the project. Additionally, the requirements
of the California Regional Water Quality Control Board will be satisfied.
7. 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 proposed subdivision, as conditioned, complies with all regulations within the
Development Code and all other applicable regulations
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Site Plan & Desicin Review
1. The proposed development is in compliance with all applicable development
standards and regulation in the Development Code.
FACT: The Arcadia Town Center is in compliance with all the development
standards required in the DMU and Downtown Overlay Zone such as FAR, maximum
height, setbacks, and parking. Therefore, the project meets the intent of this finding.
2. The proposed development is consistent in the objectives and standards of the
applicable Design Guidelines.
FACT: The Arcadia Town Center will feature a contemporary architectural style,
incorporating a diverse color palette and high -quality exterior materials. This design will
establish a prominent focal point at one of the City's major intersections, complementing
the existing modern buildings along Santa Anita Avenue while contributing to a vibrant
atmosphere in the Downtown area. The design also includes several outdoor plazas on
the ground floor, enhancing the commercial experience by encouraging walkability and
activating public spaces. Additionally, two corner features will serve as visually striking
focal points, drawing attention and enhancing the building's overall aesthetic appeal.
These distinctive elements will create an inviting environment, making the Arcadia Town
Center a standout addition to the area. As a result, the proposed design is in full alignment
with the City's Design Guidelines.
3. The proposed development is compatible in terms of scale and aesthetic design
with surrounding properties and developments.
FACT: The Arcadia Town Center is compatible with adjacent sites such as the
adjacent Mercedes-Benz of Arcadia building (101 N. Santa Anita Avenue), the IMS
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Executive Suites building (150 N. Santa Anita Avenue), and the approved Alexan project
regarding scale, design, and creating a Downtown feel to the area along Santa Anita
Avenue and Huntington Drive. The design of the Arcadia Town Center thoughtfully
incorporates the ideas within the City's Center Design Plan, which promotes increased
pedestrian activity, enhances street interaction, and building setbacks that respect the
overall scale and mass. To align with these principles, the Arcadia Town Center is setback
from Huntington Drive and Santa Anita Avenue, creating inviting public spaces and dining
areas for residents and visitors. As a result, the Arcadia Town Center seamlessly
integrates with the surrounding properties and developments as this area is in transition
to allow for more mixed -use development.
4. The proposed development will have an adequate and efficient site layout in
terms of access, vehicular circulation, parking, and landscaping.
FACT: The Arcadia Town Center features a well -planned site layout, with two
driveway access points designed to ensure smooth traffic flow within the parking garage.
Both driveway access and circulation have been thoroughly reviewed by the City Engineer
and are included in the Mitigated Negative Declaration to confirm their adequacy for
servicing the development. The required parking is provided across two levels, minimizing
dead-end drive aisles to enhance circulation throughout the site. Therefore, the site will be
adequate in terms of parking and circulation.
5. The proposed development will be in compliance with all of the applicable
criteria identified in Subparagraph 9107.19.040.C.5 for compliance with the Development
Code and all other applicable City regulations and policies, the General Plan and any
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appliable specific plan, the Design Guidelines, policies and standards, and efficient site
and layout design.
FACT: The Arcadia Town Center will fully comply with all applicable standards, the
General Plan, and relevant design guidelines, contributing positively to the community's
vision for Downtown Arcadia. Located within the DMU Zone, the project allows for a
residential density of up to 80 units per acre and a building height of up to 60 feet. The
proposed mass, scale, and design adhere to the City's Design Guidelines and City Center
Design Plan, ensuring compatibility with existing developments in the Downtown area. The
development will also support the General Plan's objectives by engaging the streetscape
with inviting commercial storefronts and public plazas at the ground level. Additionally, the
design incorporates adequate articulation, breaking up the building mass into distinct
segments along each street frontage by positioning public plazas and stepping back the
upper floors. As a result, the design of the proposed mixed -use development aligns with
the City's Design Guidelines, City Center Design Plan, and all other applicable standards.
SECTION 3. For the foregoing reasons, the City Council adopt the Initial
Study/Mitigated Negative Declaration with the Mitigated Monitoring and Reporting
Program ("MMRP") in accordance with CEQA, and approve Minor Use Permit No. MUP
19-11, Tentative Tract Map No. TTM 21-02 (83325), Site Plan & Design Review No. ADR
19-09, and Certificate of Demolition No. COD 22-25 for the Arcadia Town Center mixed -
use development at 5-19 W. Huntington Drive and 25-75 N. Santa Anita avenue, subject
to the conditions of approval and mitigation measured attached hereto.
SECTION 4. The City Clerk shall certify to the adoption of this Resolution.
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Passed, approved and adopted this 18th day of March, 2025.
ATTEST:
City Clerk
APPROVED AS TO FORM:
Michael J. Maurer
City Attorney
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- Yo Ic4ga k (44
Mayor of the City of Arcadia
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) SS:
CITY OF ARCADIA )
I, LINDA RODRIGUEZ, City Clerk of the City of Arcadia, hereby certifies that the
foregoing Resolution No. 7618 was passed and adopted by the City Council of the City of
Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said
Council held on the 18th day of March, 2025 and that said Resolution was adopted by the
following vote, to wit:
AYES: Cheng, Kwan, and Cao
NOES: None
ABSENT: Fu and Verlato
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City Clerk of the City f Arcadia
Conditions of Approval
The project shall be developed and maintained by the Property Owner/Applicant in
a manner that is consistent with the plans submitted and recommended for approval
to the City Council for Minor Use Permit No. MUP 19-11, Tentative Tract Map No.
TTM 21-02 (83325), Architectural Design Review No. ADR 19-09, and Certificate of
Demolition No. COD 22-25, subject to the satisfaction of the Deputy Development
Services Director or designee. Noncompliance with the conditions of approval shall
be grounds for immediate suspension or revocation of any approvals. Any minor
changes to the development, including the outdoor dining area may be approved
administratively by the Deputy Development Services Director.
2. The Property Owner/Applicant shall submit a haul route map and staging plan to
Planning Services prior to issuance of a grading permit.
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. This shall be determined by the City
Engineer and/or Public Works Services Director during construction and up until
issuance of a Certificate of Occupancy.
4. A comprehensive landscaping plan consistent with the conceptual landscape plan
approved as part of the project must be submitted to Building Services for plan check
and must be prepared by a licensed landscape architect, subject to the approval of
the Deputy Development Services Director or their designee.
5. Grading plans shall be submitted to Building Services. The grading plans shall
indicate all site improvements and shall indicate complete drainage paths of all
drainage water run-off.
6. Prior to issuance of a building permit, the Property Owner/Applicant must submit a
parking management plan to the Planning Division outlining the allocation of the
parking for the residential units. This Plan shall be reviewed and approved by the
Deputy Development Services Director, or their designee.
7. The project shall comply with the latest adopted edition of the following codes as
applicable:
• California Building Code
• California Electrical Code
• California Mechanical Code
• California Plumbing Code
• California Energy Code
• California Fire Code
• California Green Building Standards Code
• California Existing Building Code
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• Arcadia Municipal Code
8. The project shall comply with Chapter 35A Multiple Family Construction Standards
in Arcadia Municipal Code Section 8130.20.
9. Prior to approval of the Final Tract Map, a dedication along the right-of-way of
Santa Anita Avenue shall be dedicated to the City to accommodate a 10 foot
parkway for sidewalk and utility purposes and at the corner of Santa Anita Avenue
and Morlan Place to provide a corner cut-off for a standard accessible access
ramp.
10. Prior to approval of the Final Tract Map, a dedication of 1'-6" along the right-of-way
of Huntington Drive shall be dedicated to the City to accommodate a 13'-6" wide
parkway for sidewalk and utility purposes.
11 All above ground utilities serving the site shall be removed, including all utility poles
along property boundaries, and all new utility services shall be placed
underground.
12. Prior to approval of the Final Tract Map or the issuance of a demolition permit,
whichever comes first, the Property Owner/Applicant shall either construct or post
security for all public improvements shown on the Tentative Tract Map No. 83325
and the following item(s):
• Remove and replace existing sidewalk, curb, and gutter along all property
frontages from property line to property line to the satisfaction of the City
Engineer.
• Remove and replace all driveway approaches per City standard plan.
• Coordinate with Public Works Services on the protection or replacement of
street trees.
13. A 16" welded steel water main with 56 PSI static pressure is available on
Huntington Drive and a 6" cast iron water main with 53 PSI static pressure is
available on Morlan Place. Both mains are available for domestic water and/or fire
service. The Applicant/Property Owner shall provide calculations to determine the
maximum domestic demand, maximum commercial demand, and maximum fire
demand in order to verify the required sizes of water services.
14. The Property Owner/Applicant shall provide separate water services and meters
for each separate structure as well as designated services for specific residential,
commercial, and irrigation uses. Domestic water service for residential
condominiums shall be provided by a common master meter with an approved
reduced pressure backflow device for meter services protection.
15. An approved back flow prevention device shall be installed for commercial use.
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16. In the event that fire suppression is common to the complex, a separate fire service
with Double Check Detector Assembly (DCDA) shall be required as directed by
the Fire Marshal. Fire protection requirements shall be as stipulated by the Arcadia
Fire Department and shall be conformed to the Arcadia Standard Plan. All fire
services shall be isolated from domestic water services with approved back flow
prevention devices.
17. A Water Meter Clearance Application shall be submitted to the Public Works
Services Department prior to final plan check approval.
18. New water service installations shall be installed by the Applicant/Property Owner.
Installation shall be according to the specifications of the Public Works Services
Department, Engineering Division. Abandonment of existing water services, if
necessary, shall be carried out by the Applicant/Property Owner, according to
Public Works Services Department, Engineering Division specifications.
19. The Property Owner/Applicant shall utilize existing sewer laterals, if possible. If
any drainage fixture is lower than the elevation of the next upstream manhole
cover, an approved type of backwater valve is required to be installed behind the
property line.
20. Prior to a Certificate of Occupancy being issued for the project, the
Applicant/Property Owner shall make a fair share contribution to the sewer line
upsizing project along Santa Anita Avenue. This fair share payment is
memorialized as Mitigation Measure UTL-1.
21. The Property Owner/Applicant shall plant 36-inch box trees in tree wells with
irrigation on Santa Anita Avenue and Morlan Place. Locations of the tree wells and
species of trees are to be determined by the Public Works Services Inspector.
22. The Property Owner/Applicant shall file a Notice of Intent (NOI) with the State
Water Resources Control Board for a General Construction NPDES Permit, due
to the proposed project exceeding one acre of disturbed land. The NOI must
include items such as the preparation of a Stormwater Pollution Prevention Plan,
applicable fees, and other required documentation. The City will not approve any
grading plans until a Waste Discharger Identification number has been issued by
the State.
23. The proposed project is subject to low impact development (LID) requirements.
The Property Owner/ Applicant shall integrate LID strategies into the site design.
These strategies include using infiltration trenches, bioretention planter boxes, roof
drains connected to a landscaped area, pervious concrete/paver, etc.
24. Trash/recycling bins shall be configured to provide easy access for trash collection
services. There should be 1 foot clearance around the trash bins/recycling bins
and all bins/carts shall meet the specifications of the Public Works Services
Department. At a minimum, trash enclosure areas should accommodate three
containers: a 3-yard bin for trash, 3-yard bin for recycling, and 69/96 gallon sized
carts for organics recycling. The roof clearance for the trash enclosure must be at
least 10 feet high.
25. All building areas shall be fully fire-sprinklered per the City of Arcadia Fire
Department Commercial Sprinkler Standard. The sprinkler systems serving
commercial areas and residential areas shall be segregated. The fire sprinkler
system shall be monitored by a UL listed central station. Notification appliances
shall be provided in all common areas. Visual appliances shall be provided in any
residential units classified as being accessible.
26. Class I standpipes shall be provided on all floors inside stairwells and shall extend
to the roof. Additional standpipes may be required for the building interior.
27. Knox boxes shall be provided for all lobby areas. Any automatic gates used in
parking areas shall be equipped with a Knox switch.
28. Minimum 2A:10BC fire extinguishers shall be provided in all common areas. A
maximum travel distance of 75 feet shall be provided to fire extinguishers.
29. A minimum of one Emergency Medical Services (EMS) elevator shall be required.
30. An Emergency Responder Radio Coverage System shall be provided.
31. The minimum required fire flow for the site shall be 1,500 GPM at 20 PSI.
32. All required exit stairwells shall be designed in an approved manner to allow the
segregation of the commercial floors from the residential floors.
33. Three new public fire hydrants shall be provided. One hydrant shall be provided
on the west side of the street frontage on Huntington Drive. Two fire hydrants shall
be provided on the street frontage of Santa Anita Avenue at approved locations.
34. the Property Owner/Applicant shall prepare a Lighting Plan that provides the type
and location of proposed exterior lighting and signage, subject to the review and
approval of the City's Development Services Department. All new lighting will be
shielded and down -cast, such that the light is not cast onto adjacent properties or
visible from above, and all new lighting shall be reviewed to ensure compliance
with the standards codified in Section 9103.01 of the City of Arcadia Development
Code
35. The Project shall be conducted
Quality Management District
including but not limited to:
in compliance with all applicable South Coast Air
(SCAQMD) rules and permitting requirements,
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SCAQMD Rule 403, Fugitive Dust, for controlling fugitive dust and
avoiding nuisance. Compliance with this rule will reduce short-term
particulate pollutant emissions.
SCAQMD Rule 402, Nuisance, which states that a Project will not
"discharge from any source whatsoever such quantities of air
contaminants or other material which cause injury, detriment,
nuisance, or annoyance to any considerable number of persons or to
the public, or which endanger the comfort, repose, health or safety of
any such persons or the public, or which cause., or have a natural
tendency to cause, injury or damage to business or property".
• SCAQMD Rule 1113, Architectural Coatings, which limits the volatile
organic content (VOC) of architectural coatings used for the Project.
36. Prior to approval of grading plans, the Development Services Department shall
verify that the following note is included on the contractor specifications to ensure
compliance with the Migratory Bird Treaty Act (MBTA): "To avoid impacts on
nesting birds, vegetation on the Project site should be cleared between September
1 and January 31. If vegetation clearing occurs during the peak nesting season
(between February 1 and August 31), a pre -construction survey shall be conducted
by a qualified biologist to identify if there are any active nesting locations. If the
biologist does not find any active nests within the impact area, the vegetation
clearing/construction work will be allowed. If the biologist finds an active nest within
the construction area and determines that the nest may be impacted by
construction activities, the biologist will delineate an appropriate buffer zone
around the nest depending on the species and the type of construction activity.
Construction activities shall be prohibited in the buffer zone until a qualified
biologist determines the nest is abandoned."
37. As required by the City's Comprehensive Tree Management Program, the Property
Owner/Applicant shall obtain a permit from the Arcadia Public Works Services
Department for the removal and planting of street trees associated with the Project.
The Property Owner/Applicant will abide by the standards set forth in the permit,
as well as standards contained in the Comprehensive Tree Management Program
and other applicable sections of the Arcadia Development and Municipal Codes.
38. The Property Owner/Applicant shall submit the Project's landscape plans, which
will include the proposed locations and species of replacement street trees, to the
Arcadia Public Works Services Department for review. Street tree species will
consist of those set forth in the City's Street Tree Master Plan.
39. If human remains are encountered during excavation activities, all work shall halt
in the immediate vicinity of the discovery and the Los Angeles County Coroner
shall be notified (California Public Resources Code §5097.98). The Coroner shall
determine whether the remains are of forensic interest. If the Coroner determines
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that the remains are prehistoric, they will contact the Native American Heritage
Commission (NAHC). The NAHC shall be responsible for designating the most
likely descendant (MLD), who will be responsible for the ultimate disposition of the
remains, as required by Section 7050.5 of the California Health and Safety Code.
The MLD shall make their recommendation within 48 hours of being granted
access to the site. The MLD's recommendation shall be followed if feasible and
may include scientific removal and non-destructive analysis of the human remains
and any items associated with Native American burials (California Health and
Safety Code §7050.5). If the landowner rejects the MLD's recommendations, the
landowner shall rebury the remains with appropriate dignity on the property in a
location that will not be subject to further subsurface disturbance (California Public
Resources Code §5097.98).
40. The Project shall be consistent with the Title 24 energy efficiency standards and
the mandatory requirements of the CALGreen Code. Construction activities shall
comply with idling requirements and maintenance requirements for on- and offroad
vehicles
41. Geotechnical design considerations for Project implementation are governed by
the Arcadia Building Code, as set forth in Article VIII of the Arcadia Municipal Code,
which incorporates by reference the California Building Code (CBC), including the
California Building, Plumbing, Mechanical, Electrical and Existing Building Codes
(CBSC 2022). Future buildings and structures shall be designed in accordance
with applicable requirements of the CBC, the Arcadia Municipal Code, and any
applicable building and seismic codes in effect at the time the grading plans are
approved.
42. Activities at the Project site shall comply with existing Federal, State, and local
regulations regarding hazardous material use, storage, disposal, and transport to
prevent Project -related risks to public health and safety. All on -site generated
waste that meets hazardous waste criteria shall be stored, manifested,
transported, and disposed of in accordance with the California Code of Regulations
(Title 22) and in a manner to the satisfaction of the local Certified Unified Program
Agency (CUPA), as applicable. Any hazardous materials removed from the Project
site shall be transported only by a Licensed Hazardous Waste Hauler, who shall
be in compliance with all applicable State and federal requirements, including U.S.
Department of Transportation regulations under Title 49 (Hazardous Materials
Transportation Act) and Title 40, Section 263 (Subtitle C of the Resource
Conservation and Recovery Act) of the Code of Federal Regulations; California
Department of Transportation (Caltrans) standards; and Division of Occupational
Safety and Health (Cal/OSHA) standards.
43. Prior to the issuance of a demolition permit, the Property Owner/Applicant shall
obtain coverage under the General Permit for Storm Water Discharges Associated
with the Construction and Land Disturbance Activities (Order No 2012-0006-DWQ,
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NPDES No. CAS000002), which will require the development and implementation
of a project -specific Storm Water Pollution Prevention Plan (SWPPP).
44. The Property Owner/Applicant shall comply with all applicable codes, ordinances,
and regulations, including the most current edition of the California Fire Code and
the Arcadia Municipal and Development Codes, regarding fire prevention and
suppression measures; fire hydrants; fire access; water availability; and other,
similar requirements. Prior to the issuance of building permits, the City of Arcadia
Development Services Department and the Arcadia Fire Department shall verify
compliance with applicable codes and that appropriate fire safety measures are
included in the Project design. All such codes and measures shall be implemented
prior to occupancy.
45. In accordance with the City's Ordinance 7492, prior to the issuance of the building
permit, the Property Owner/Applicant shall remit the most current fire protection
facilities impact fee to the City. All money collected as fees imposed shall be used
against the capital and infrastructure costs required to maintain acceptable life
safety and fire protection in the City. The Development Services Department shall
confirm compliance with this requirement prior to the issuance of a building permit.
46. Prior to issuance of the building permit, the Property Owner/Applicant shall pay
new development fees to the Arcadia Unified School District (AUSD) pursuant to
Section 65995 of the California Government Code. As an option to the payment of
developer fees, the AUSD and the Property Owner/Applicant can enter into a
facility and funding agreement, if approved by both parties. Evidence that
agreements have been executed shall be submitted to the Development Services
Department, or fees shall be paid with each building permit.
47. In accordance with the City's Ordinance 2237 and Section 9105.15 of the City's
Development Code, prior to the issuance of the building permit, the Property
Owner/Applicant shall remit the most current park facilities impact fee and/or other
negotiated park fees to the City. All money collected as fees imposed shall be
deposited in the Park Facilities Impact Fee Program and shall be used for the
acquisition, development, and improvement of public parks and recreational
facilities in the City, as proposed by the City's Parks and Recreation Master Plan.
The Development Services Department shall confirm compliance with this
requirement prior to issuance of a building permit.
48. The Property Owner/Applicant shall contribute, on a cost -share basis, to the City's
traffic mitigation system for any intersections affected by the Project, as defined in
the approved Traffic Impact Study (Traffic Impact Study for the Arcadia Town
Center Project, Psomas, September 2024).
49. The Property Owner/Applicant shall comply with all applicable regulations and
restrictions set forth in the Arcadia Municipal Code, including Section 7472
regarding restrictions on discharges into the sewer and Section 5130 regarding
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achievement of annual waste diversion rates and other applicable requirements in
compliance with but not limited to Assembly Bill 939, Assembly Bill 341, and
Assembly Bill 1826.
50. All City requirements regarding disabled access and facilities, occupancy limits,
building safety, health code compliance, emergency equipment, environmental
regulation compliance, and parking and site design shall be complied with to the
satisfaction of the Building Official, City Engineer, Deputy Development Services
Director, Fire Marshal, and Public Works Services Director. Any changes to the
existing facility may be subject to having fully detailed plans submitted for plan
check review and approval by the aforementioned City officials and employees and
may subject to separate building permits.
51. 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 MUP
19-11, TTM 21-02, ADR 19-09, and COD 22-25 ("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
52. 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 promptly notify the Applicant of the claim, action,
or proceedings and will fully cooperate in the defense of the matter. Once notified,
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
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 that the Applicant reasonably approves. The parties hereby agree to
cooperate in defending such action. The City will not voluntarily assist in any such
third -party challenge(s) or take any position adverse to the Applicant in connection
with such third -party challenge(s). In consideration for approval of the Project, this
condition shall remain in effect if the entitlement(s) related to this Project is
rescinded or revoked, at the request of the Applicant or not.
Mitigation Measures as Conditions of Approval
The following conditions are found in the Mitigation Monitoring and Reporting Program
(MMRP). They are recorded here to facilitate review and implementation. More
information on the timing and responsible parties for these mitigation measures is
detailed in the MMRP.
53. MM CUL-1. Prior to the issuance of a demolition permit, the Property
Owner/Applicant shall submit the name and qualifications of a qualified
archaeologist to the City of Arcadia Development Services Department for review
and approval. Once approved, the qualified archaeologist shall be retained by the
Project Applicant/Developer. If suspected cultural (archaeological) resources or
tribal cultural resources are inadvertently unearthed during excavation activities,
the contractor shall immediately cease all earth -disturbing activities within a 100-
foot radius of the area of discovery. The Project contractor or Property
Owner/Applicant shall contact the qualified archaeologist to request an evaluation
of the significance of the find and determine an appropriate course of action. If
avoidance of the resource(s) is not feasible, salvage operation requirements
pursuant to Section 15064.5 of the State California Environmental Quality Act
Guidelines shall be followed. After the find has been appropriately avoided or
mitigated, work in the area may resume.
54. MM N0I-1. The Property Owner/Applicant shall require that all construction
contractors restrict the operation of the following construction equipment to beyond
the following distances from off -site buildings: (1) vibratory rollers — 25 feet, and
(2) Caisson drilling, large bulldozers, loaded trucks, and other large equipment
(vehicle weight greater than 25,000 lbs.) — 15 feet. Any activities occurring within
5 feet of existing property line shall use non -vibration intensive methods such as
use of concrete saws, universal processors, and/or expansive agents for
demolition.
55. MM TRANS-1. Prior to the issuance of a grading permit, a Construction
Management Plan shall be prepared by the Property Owner/Applicant for the
review and approval of the City of Arcadia and any other affected jurisdictions in
accordance with the Manual on Uniform Traffic Control Devices (MUTCD).
Construction activities shall comply with the approved plan to the satisfaction of
the City of Arcadia. The Property Owner/Applicant shall begin coordination with
the City on the Construction Management Plan as soon as practicable during the
final design process and in advance of construction so that effective measures can
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be developed to avoid, minimize, and mitigate construction impacts to parking and
circulation within the City of Arcadia Downtown.
At a minimum, the Construction Management Plan shall:
• Describe the duration and location of lane closures (if any).
• Address traffic control for any partial street closures, detours, or other
disruption to traffic circulation during project construction, including as
needed use of flag persons and signage.
• Identify the routes that construction vehicles would utilize for the delivery of
construction materials to access the project site. Haul routes would follow
the City's approved truck routes and avoid residential streets.
• Identify the location of parking and materials storage for construction
workers during all phases of construction. Parking for construction workers
would be provided on -site or at additional off -site locations that are not on
public streets.
• Identify of emergency access points/routes.
• Specify the hours during which transport activities can occur and methods
to mitigate construction -related impacts to adjacent streets.
• Require the contractor to keep all haul routes clean and free of debris
including but not limited to gravel and dirt as a result of its operations. The
contractor shall clean adjacent streets, as directed by the City Engineer (or
representative of the City Engineer), of any material, which may have been
spilled, tracked, or blown onto adjacent streets or areas.
• All hauling or transport of oversize loads would occur between the hours of
7:00 AM and 5:00 PM only, Monday through Friday, unless approved
otherwise by the City Engineer. No hauling or transport shall be allowed
during nighttime hours, weekends or Federal holidays.
• Include details on the maintenance of bicycle and pedestrian facilities and
connectivity through the Project to the satisfaction of the City Engineer.
• Require that haul trucks entering or exiting public streets shall at all times
yield to public traffic, pedestrians, bicyclists, and other users.
• Provisions for the contractor to repair existing pavement, streets, curbs,
sidewalks, and/or gutters that may be altered during project construction.
The repairs shall be completed in consultation with and to the satisfaction
of the City Engineer.
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• Require that all construction -related parking and staging of vehicles will be
kept out of the adjacent public roadways and will occur either on -site or on
designated off -site parcels that would not adversely affect access to or
parking within the Downtown.
56. MM TCR-1. A Native American Monitor shall be retained prior to commencement
of ground -disturbing activities:
A. The Property Owner/Applicant shall retain a Native American Monitor from
or approved by the Gabrieleno Band of Mission Indians — Kizh Nation. The
monitor shall be retained prior to the commencement of any "ground -
disturbing activity" for the subject project at all project locations (i.e., both
on -site and any off -site locations that are included in the project
description/definition and/or required in connection with the project, such
as public improvement work). "Ground -disturbing activity" shall include,
but is not limited to, demolition, pavement removal, potholing, auguring,
grubbing, tree removal, boring, grading, excavation, drilling, and
trenching.
B. A copy of the executed monitoring agreement shall be submitted to the
lead agency prior to the earlier of the commencement of any ground
disturbing activity, or the issuance of any permit necessary to commence
a ground -disturbing activity.
C. The monitor will complete daily monitoring logs that will provide
descriptions of the relevant ground -disturbing activities, the type of
construction activities performed, locations of ground disturbing activities,
soil types, cultural -related materials, and any other facts, conditions,
materials, or discoveries of significance to the Tribe. Monitor logs will
identify and describe any discovered TCRs, including but not limited to,
Native American cultural and historical artifacts, remains, places of
significance, etc., (collectively, tribal cultural resources, or "TCR"), as well
as any discovered Native American (ancestral) human remains and burial
goods. Copies of monitor logs will be provided to the project applicant/lead
agency upon written request to the Tribe.
D. On -site tribal monitoring shall conclude upon the latter of the following (1)
written confirmation to the Kizh from a designated point of contact for the
project applicant/lead agency that all ground disturbing activities and
phases that may involve ground -disturbing activities on the project site or
in connection with the project are complete; or (2) a determination and
written notification by the Kizh to the project applicant/lead agency that no
future, planned construction activity and/or development/construction
phase at the project site possesses the potential to impact Kizh TCRs.
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57. MM TCR-2. Unanticipated Discovery of Tribal Cultural Resource Objects (Non-
Funerary/Non-Ceremonial) Upon discovery of any TCRs, all construction activities
in the immediate vicinity of the discovery shall cease (i.e., not less than the
surrounding 50 feet) and shall not resume until the discovered TCR has been fully
assessed by the Kizh monitor and/or Kizh archaeologist. The Kizh will recover and
retain all discovered TCRs in the form and/or manner the Tribe deems appropriate,
in the Tribe's sole discretion, and for any purpose the Tribe deems appropriate,
including for educational, cultural and/or historic purposes.
58. MM TCR-3. Unanticipated Discovery of Human Remains and Associated Funerary
or Ceremonial Objects:
A. Native American human remains are defined in PRC 5097.98 (d)(1) as an
inhumation or cremation, and in any state of decomposition or skeletal
completeness. Funerary objects, called associated grave goods in Public
Resources Code Section 5097.98, are also to be treated according to this
statute.
B. If Native American human remains and/or grave goods are discovered or
recognized on the project site, then Public Resource Code 5097.9 as well as
Health and Safety Code Section 7050.5 shall be followed.
C. Human remains and grave/burial goods shall be treated alike according to the
California Public Resources Code section 5097.98(d)(1) and (2).
D. Preservation in place (i.e., avoidance) is the preferred manner of treatment for
discovered human remains and/or burial goods.
E. Any discovery of human remains/burial goods shall be kept confidential to
prevent further disturbance.
59. MM UTIL-1. Sewer Upsizing Fair Share Payment. Prior to issuance of a Certificate
of Occupancy permit for the Project, the Property Owner/Applicant shall make a fair
share contribution of nine percent (9%) of the total Santa Anita Avenue Sewer
Upsizing Project cost to the City's Development Services Department. This
payment shall help fund replacing the existing sewer line in Santa Anita Avenue
between Huntington Drive and Camino Real Avenue within 12-inch diameter
pipelines. The Santa Anita Avenue Sewer Upsizing Project shall be split into three
phases and included in the City's 2024- 25, 2025-26, and 2026-27 Capital
Improvement Plan budgets, respectively. The sewer work will be completed by the
City's Public Works Department by approximately the end of the 2026-27 Fiscal
Year. A Certificate of Occupancy shall not be issued until all phases of the Santa
Anita Avenue Sewer Upsizing Project are fully implemented. This measure shall be
implemented to the satisfaction of the City Public Works Services Department as
appropriate.
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