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HomeMy WebLinkAbout4-27-10PLEDGE OF ALLEGIANCE ROLL CALL ARCADIA PLANNING COMMISSION AGENDA Tuesday, April 27, 2010, 7:00 P.M. Arcadia City Council Chambers SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO ADDRESS THE PLANNING COMMISSION ON NON PUBLIC HEARING ITEMS 5 minute time limit per person. PUBLIC HEARINGS All interested persons are invited to appear at the Public Hearing and to provide evidence or testimony concerning any of the proposed items set forth below for consideration. You are hereby advised that should you desire to legally challenge any action taken by the Planning Commission with respect to the proposed item for consideration, you may be limited to raising only those issues and objections, which you or someone else raises at or prior to the time of the Public Hearing. 1. MODIFICATION APPLICATION NO. MC 09 -35 APPEAL OF MODIFICATION COMMITTEE DENIAL 1412 Orlando Drive Dino and Hope Clarizio This is an appeal to reconsider the Modification Committee's decision on denying a Modification to replace the existing 5' -0" high wood fence with a new 6' -0" wood fence above the existing retaining wall that increases the overall height from 9' -7" to 10' -7 This will exceed the maximum permitted height of 6' -0" (AMC Sec. 9251.2.13.3). RECOMMENDATION: Denial of Appeal and affirmation of Modification Committee decision There is a five working day appeal period after the approval /denial of the appeal. Appeals are to be filed by 5:30 p. m. on Tuesday, May 4 2. HOMEOWNERS' ASSOCIATION APPEAL NO. HOA 10 02 1163 Encanto Drive Warren Cross, representative from Westem Roofing Systems on behalf of the property owner, Ms. Terry Traver This is an appeal of the Rancho Santa Anita (Lower Rancho) Homeowners' Association's Architectural Design Review Board decision denying a Metro Shake II, Weathered Timber, stone- coated steel roof material at the subject residence. RECOMMENDATION: Conditional Approval of Appeal There is a five working day appeal period after the approval /denial of the appeal. Appeals are to be filed by 5:30 p.m. on Tuesday, May 4. Any writings or documents provided to a majority of the Planning Commission members regarding any item on this agenda will be made available for public inspection in the Planning Services office at City Hall, 240 W. Huntington Dr., Arcadia, CA 91007, (626) 574 -5423. PC AGENDA 4 -27 -10 3. ADMINISTRATIVE SINGLE FAMILY DESIGN REVIEW NO. ADMIN. SF ADR NO. 10 -28 215 W. Naomi Avenue Fausto G. Pachano (Property Owner) The applicant is requesting an Administrative Single- Family Design Review for a 270 square -foot front porch cover and the replacement of two patio covers (84 square feet and 128 square feet) at the rear of the existing single -story, single family residence. RECOMMENDATION: Denial There is a five working day appeal period after the approval /denial of the application. Appeals are to be fried by 5:30 p.m. on Tuesday, May 4 4. REVOCATION OF CONDITIONAL USE PERMIT NO. CUP 09 09 (RESOLUTION NO. 1801) 510 -512 E. Live Oak Ave. (between Hempstead Ave. and Lenore Ave.) Michael Hsiao (designer) Cafe Fusion Consideration of revocation of a Conditional Use Permit granted on October 27, 2009, for a 960 square -foot expansion to an existing 2,040 square -foot restaurant. The status of the permit was reviewed by the Planning Commission on February 9, 2010 and again on March 9, 2010. RECOMMENDATION: Revocation unless full compliance is achieved by Thursday, May 27, 2010 A Resolution reflecting the decision of the Planning Commission will be presented for adoption at the next Commission meeting. There will be a five working day appeal period after the adoption of the Resolution. 5. CONDITIONAL USE PERMIT NO. CUP 10 02 400 N. Santa Anita Avenue, Suite 102 Lauren Bottey Hinds The applicant is requesting a Conditional Use Permit to operate an 800 square -foot art studio with up to 10 students within a two -story, commercial office building. RECOMMENDATION: Conditional approval A Resolution reflecting the decision of the Planning Commission will be presented for adoption at the next Commission meeting. There will be a five working day appeal period after the adoption of the Resolution. 6. UPDATE OF LOCAL GUIDELINES FOR IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Citywide The Planning Commission will consider the proposed Update of Local Guidelines for Implementing the Califomia Environmental Quality Act (CEQA) in order to make a recommendation to the City Council. Any writings or documents provided to a majority of the Planning Commission members regarding any item on this agenda will be made available for public inspection in the Planning Services office at City Hall, 240 W. Huntington Dr., Arcadia, CA 91007, (626) 574 -5423. PC AGENDA 4 -27 -10 CONSENT ITEMS 7. MINUTES OF MARCH 9, 2010 RECOMMENDATION: Approval MATTERS FROM CITY COUNCIL PLANNING COMMISSION MODIFICATION COMMITTEE AGENDA MATTERS FROM STAFF UPCOMING AGENDA ITEMS ADJOURNMENT Any writings or documents provided to a majority of the Planning Commission members regarding any item on this agenda will be made available for public inspection in the Planning Services office at City Hall, 240 W. Huntington Dr., Arcadia, CA 91007, (626) 574 -5423. PC AGENDA 4 -27 -10 PLANNING COMMISSION 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 the City Clerk 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. Public Hearina Procedure 1. The public hearing is opened by the Chairman of the Planning Commission. 2. The Planning staff report is presented by staff. 3. Commissioners' questions relating to the Planning staff report may be asked and answered at this time. 4. The applicant is afforded the opportunity to address the Commission. 5. Others in favor of the proposal are afforded the opportunity to address the Commission. (LIMITED TO 5 MINUTES) 6. Those in opposition to the proposal are afforded the opportunity to address the Commission. (LIMITED TO 5 MINUTES) 7. The applicant may be afforded the opportunity for a brief rebuttal. (LIMITED TO 5 MINUTES) 8. The Commission closes the public hearing. 9. The Commission members may discuss the proposal at this time. 10. The Commission then makes a motion and acts on the proposal to either approve, approve with conditions or modifications, deny, or continue it to a specific date. 11. Following the Commission's action on Conditional Use Permits and Variances, a resolution reflecting the decision of the Planning Commission is prepared for adoption by the Commission. This is usually presented at the next Planning Commission meeting. There is a five (5) working day appeal period after the adoption of the resolution. 12. Following the Commission's action on Modifications and Design Reviews, there is a five (5) working day appeal period. 13. Following the Commission's review of Zone Changes, Text Amendments and General Plan Amendments, the Commission's comments and recommendations are forwarded to the City Council for the Council's consideration at a scheduled public hearing. 14. Following the Commission's action on Tentative Tract Maps and Tentative Parcel Maps (subdivisions) there is a ten (10) calendar day appeal period. Any writings or documents provided to a majority of the Planning Commission members regarding any item on this agenda will be made available for public inspection in the Planning Services office at City Hall, 240 W. Huntington Dr., Arcadia, CA 91007, (626) 574 -5423. PC AGENDA 4 -27 -10 April 27, 2010 TO: Arcadia Planning Commission Development Services Department Jim Kasama, Community Development Administrator By: Lisa L. Flores, Senior Planner An appeal to reconsider the Modification Committee's decision on Modification Application No. MC 09 -35 at 1412 Orlando Drive. FROM: SUBJECT: SUMMARY This is an appeal by the property owners, Dr. and Mrs. Clarizio of a denial by the Modification Committee of Modification Application No. MC 09 -35 to approve the replacement of an existing 5' -0" high wood fence with a new 6' -0" wood fence above the existing retaining wall that increases the overall height from 9' -7" to 10' -7 The Committee denied the request except for the portion of the fence that meets the current minimum 5' -0" high swimming pool fence enclosure requirement. The Development Services Department is recommending that the Planning Commission deny the appeal and uphold the Modification Committee's decision. BACKGROUND The subject property is a 17,480 square -foot lot and is located at the end of the Orlando Drive cul -de -sac. The property is zoned R -O D, and was improved with a 6,467 square -foot, two -story residence with a garage in 1973 and a swimming pool in 1991. The subject site had an existing 5' -0" high wood fence that was situated above an existing retaining wall located adjacent to the side and rear property lines. Last year, the property owner received an approval from the Santa Anita Oaks Homeowners' Association's (HOA) Architectural Review Board (ARB) to replace the 18 -year old fence with a new wood fence at the same height and location. However, the property owner replaced the old fence with a new 6' -0" high fence. As a result, Building Services issued two correction notices followed by a Notice of Violation from Code Services to reduce the height by one -foot or obtain ARB approval. On July 3, 2009, the ARB approved the new 6' -0" high wood fence subject to the approval of a modification for the new height of 10' -7 A modification to exceed the maximum height limit for a fence or wall at the rear or side property Tine is typically handled administratively. However, the property owner was not able to obtain the required signature from one adjacent property owner, Mrs. Reeder at 1444 Oaklawn Road. She is opposed to the additional one -foot height increase. Therefore, the proposed project was subject to the Modification Committee's review. At the March 23, 2010 Modification Committee meeting, the applicant did not attend the meeting, but Mrs. Reeder and her son, owners of the adjacent property at 1444 Oaklawn Road were present and spoke in opposition of the requested modification. Mr. Reeder stated that they were opposed to the new fence because it is aesthetically unappealing. The unfinished side of the fence faces their property and their issue is with the appearance of the fence and not with safety. To rectify this situation, the Reeders would prefer that the fence be lowered back to its original height and separated from the existing retaining wall by a minimum setback distance equal to the height of the fence. After much discussion, the Committee denied the request, except for the portion of the fence that meets the current minimum 5' -0" high swimming pool fence enclosure requirement. This is discussed later in this staff report. On March 31, 2010, the property owner filed an appeal of the Modification Committee's decision (attached). PUBLIC HEARING NOTIFICATION Public hearing notices of this appeal were mailed on April 13, 2010 to the property owners of those properties within 100 feet of the subject property and to the Santa Anita Oaks HOA President, Ms. Mary Dougherty, and the ARB Chairman, Mr. Vince Vargas. Pursuant to the provisions of the California Environmental Quality Act (CEQA) a fence is Categorically Exempt from CEQA pursuant to Section 15301 of the Guidelines, and therefore, the public hearing notice was not published in the Arcadia Weekly. PROPOSAL AND ANALYSIS The homeowners are requesting that the Planning Commission overturn the Modification Committee's denial of a 6' -0" high wood fence above the existing retaining wall. According to the homeowners, the rationale for installing a 6' -0" high wood fence instead of a 5' -0" high fence is because the pre -cut wood planks are available only at lengths of either 4' -0" or 6' -0 and because of the uneven grade on the subject property only a 6' -0" high fence would provide the swimming pool with fencing that meets the current enclosure requirement. In 1992, the Building Code changed the minimum height for swimming pool fence enclosures from 4' -0" to 5' -0 If the fence was to be lowered back to its original height of 5' -0 then the fence would vary in height from 4' -0" to 5' -0" and it would not meet the current minimum swimming pool fence requirement of 5' -0 The Modification Committee stated that they found it somewhat difficult to justify a modification when the property owner installed a fence that was higher than what the Appeal No. MC 09 -35 1412 Orlando Drive April 27, 2010 page 2 ARB initially approved, and then request approval of the incorrect height. Additionally, it did not show good faith when the applicant failed to respond to the correction notices issued by the City and did not attend the Modification Committee meeting. However, the Committee agreed that when a property owner replaces an old fence with a new fence that serves as a swimming pool enclosure, it should comply with the current minimum height requirement of 5' -0 In addressing the Reeder's concerns, the Committee determined that the fence could be lowered in those areas that exceed the 5' -0" height requirement as measured from the existing grade on the subject property. RECOMMENDATION The Development Services Department recommends that the Planning Commission deny the appeal and uphold the Modification Committee's decision on Modification Application No. MC 09 -35. PLANNING COMMISSION ACTION Approval If the Planning Commission intends to approve the appeal and overturn the Modification Committee's denial, the Commission should move to approve Modification Application No. MC 09 -35 based on at least one of the following purposes: Denial 1. That the Modification will secure an appropriate improvement of a lot; 2. That the Modification will prevent an unreasonable hardship; or 3. That the Modification will promote uniformity of development. If the Planning Commission intends to deny the appeal and uphold the Modification Committee's decision, the Commission should move to deny the appeal, based on the evidence presented and affirm the Modification Committee's decision. If any Planning Commissioner or other interested party has any questions or comments regarding this matter prior to the April 27, 2010 public hearing, please contact Senior Planner, Lisa Flores at (626) 574 -5445 or at IfloresCa�ci.arcadia.ca.us. Approved by: asama, Community Development Administrator Appeal No. MC 09 -35 1412 Orlando Drive April 27, 2010 page 3 Attachments: Aerial Photo and Vicnity Map with zoning information Appeal letter, dated March 30, 2010 Modification Committee's findings, dated March 23, 2010 Plans of the Proposed Project Photos of the subject property and subject fence Photos of the wall from 1444 and 1436 Oaklawn Road Radius Map Appeal No. MC 09 -35 1412 Orlando Drive April 27, 2010 page 4 Development Services Department Engineering Division Prepared by.: R.S.Gonzalez, April 2010 1412 Orlando Drive MC 09 -35 Development Services Department Engineering Division Prepared by R.S.Gonzalez, April 2010 Lc) Rel- N V. LC) ti iz 4 0 z tx 0 0 Co) 1445 1441 143 1427 1419 1409 1412 Orlando Drive MC 09.35 1407 March 30, 2010 Jim Kasama City of Arcadia Community Development Administrator Development Services Department 240 West Huntington Drive Post Office Box 60021 Arcadia, CA 91066 -6021 RE: Modification Application #MC09 -35 Dear Mr. Kasama, Sincerely, Dino Clarizio Dino Clarizio, MD 1412 Orlando Drive Arcadia, CA 91006 (626) 355 -8434 Home (626) 821 -3290 Office As a follow up to the letter I emailed you yesterday, I am requesting an appeal of the decision pertaining to my fence. I am enclosing the fee of $540.00, however in light of the fact that I was not notified of the hearing, I am requesting the appeal fee be waived. e�. \a zSzo �31`Id PUBLIC HEARING MC 09 -35 ARCADIA MODIFICATION COMMITTEE Tuesday, March 23, 2010 at 7:45 a.m. Arcadia City Council Chambers Conference Room Address: 1412 Orlando Drive Applicant: Dino and Hope Clarizio Request: A Modification to replace the existing 5' -0" high wood fence with a new 6' -0" wood fence above the existing retaining wall increases the overall height from 9' -7" to 10' -7 This will exceed the maximum permitted height of 6' -0" (AMC Sec. 9251.2.13.3). BACKGROUND The subject lot that is located at the end of the cul -de -sac is 17,480 square feet, zoned R -O D, and is developed with an existing 6,467 square foot, two -story residence with a two -car garage (built in 1973) and a swimming pool (built in 1991). The subject site had an existing 5' -0" high wood fence that was situated above an existing retaining wall located adjacent to the side and rear property lines. Last year, the property owner received an approval from the Santa Anita Oaks Homeowners' Association's (HOA) to replace the existing 18 -year old wood fence since it was leaning and replace it with the same height and material. However, the property owner replaced the old wood fence with a new 6' -0" high wood fence. As a result, the Building Division issued two correction notices, followed by a Notice of Violation from the Code Enforcement Division to correct the height or obtain HOA approval. On July 3, 2009, the HOA approved the 6' -0" high fence under the condition that a modification be obtained since the new height of 9' -7" to 10' -7" high fence /wall exceeds the maximum permitted height of 6' -0" and the existing height. A modification to exceed the maximum height limit for a fence or wall at the rear or side of the property line is typically handled administratively. However, the property owner was not able to obtain one of the required signatures from the adjacent property owner, Ms. Reeder at 1444 Oaklawn Road since she is opposed to the additional 1' -0" increase to the fence. Therefore, the proposed project is subject to the Committee's review. During the notification period, staff received a concern from Ms. Reeder, the property owner at 1444 Oaklawn Road (south of the subject property) opposing the new height of the fence because it will further impede her view of the mountains. Due to the uneven grade on the subject property, the new fence varies in height from 5' -0" to 6'- 0" above the existing retaining wall (retaining wall is not visible from the subject property). If the fence was to be lowered back to its original height of 5' -0 then the fence would vary from 4' -0" to 5' -0" and it would no longer meet the minimum swimming pool fence requirement of 5' -0 In 1992, the Building Code changed the minimum height for swimming pool fence enclosure from 4' -0" to 5' -0 The new fence height will bring the swimming pool fencing into compliance. FINDINGS As stated above, staff presented the specifics of the project. The applicant did not appear at the meeting, but Mr. and Mrs. Reeder, the trustee and property owners of the adjacent property at 1444 Oaklawn Road were present and spoke in opposition of the requested modification. Mr. Reeder stated that they are opposed to the new fence since it is aesthetically unappealing. The unfinished side of the fence faces their side of the property and the issue is visual and not safety. To rectify this problem, they would prefer that the fence be lowed back to its original height and separated from the existing retaining wall by providing a minimum setback distance equal to the height of the fence. The Committee indicated that it is not easy to justify a modification when the property owner installed a fence that was higher than what the HOA approved, and then obtain approval of the corrected height. Additionally, it does not show good faith when the applicant failed to respond to the number of violations issued by the City and not attending today's meeting. However, the Committee agrees when a property owner replaces an old fence with a new fence that serves as a swimming pool fence enclosure, it should comply with the minimum height requirement of 5' -0 However, in addressing the Reeder's concerns, the Committee determined the fence could be lowered in areas that exceed the 5' -0" height requirement, as measured from the existing grade on the subject property. ACTION Denied (3 -0), except for the portion of the fence that is required to meet the minimum 5' -0" high swimming pool fence enclosure. APPEAL PERIOD There is a five (5) working day appeal period for this application. The approval is not effective until Thursday, April 1, 2010, provided the Committee's action is not appealed. An appeal must be submitted in writing to the Planning Division with the $540.00 appeal fee by 5:30 p.m. on Wednesday, March 31, 2010. EXPIRATION AND IMPLEMENTATION The approval granted by this application shall expire one year (April 1, 2011) from the effective date unless the project is completed or the approval is renewed. The actual project must be consistent with the approval granted by the Modification Committee. Any deviation from the Committee's action shall be subject to review and approval by the Community Development Administrator and may require a new application and another public hearing. If there are any questions, please me at (626) 574 -5445 or by e-mail at Iflores @ci.arcadia.ca.us. Approved by: Lisa L. Flores, Senior Planner PLANNING COMMISSIONER PRESENT: Parille COMMITTEE MEMBERS PRESENT: Penman, Kruckeberg PLANNING SERVICES REPRESENTATIVE: Flores c 7 43 v 'T 1 O j 4of .�v oonV10 (Above) The new fence (Above) The new wood fence varies from 5'-9" to 6'-0" at rear of the property. (Above) This shows the pool area at a higher grade. This photo shows a 5 -0" to 5' -6" high new wood fence. (Above) The new wood fence from 5' -7" to 6' -0" in height. The swimming pool area. (Above and Below) These photos shows the existing trees on Ms. Reeder's property at 1444 Oaklawn Road. A .0 0 ni i I.:- !Pt L,et's 19921431) Water Meter Location Bridges Fire Hydrants Water Valve Street Centerlines Buffer 1 7cels condo parcel Features City Boundary VD' adit5 1442- Drti undo SCALE 1 2,991 200 0 200 400 600 FEET N http: /arcadiagis /maps /water.mwf Tuesday, April 13, 2010 3:43 PM April 27, 2010 TO: Arcadia Planning Commission FROM: Jim Kasama, Community Development Administrator By: Lisa L. Flores, Senior Planner SUMMARY STAFF REPORT Development Services Department SUBJECT: Homeowners' Association's Appeal No. HOA 10 -02 of the denial of a new metal roof for 1163 Encanto Drive. This is an appeal by Mr. Warren Cross, Representative from Western Roofing Systems on behalf of the property owner, Ms. Terry Traver of a denial by the Rancho Santa Anita (Lower Rancho) Homeowners' Association's Architectural Design Review Board (ARB) for the use of Metro Shake II, Weathered Timber, stone coated steel roofing to re -roof the residence and garage at 1163 Encanto Drive. A Vicinity Map and an Aerial Photo with zoning information are attached as Attachment No. 1. The Development Services Department is recommending that the Planning Commission overturn the ARB decision and approve appeal no. HOA 10 -02, subject to the conditions listed in this staff report. BACKGROUND On March 20, 2010, the Lower Rancho ARB denied the homeowners' application (Short Review Procedure Attachment No. 2) to replace the existing wood shake roof at 1163 Encanto Drive with a Metro Shake II, Weathered Timber, stone coated steel roof. The application was denied by Mr. Steve Mathison, the current Lower Rancho ARB Chairman (see Attachment No. 3 ARB Findings and Action, and ARB Minutes of March 20, 2010) based on the Lower Rancho ARB's consensus to no longer permit metal /steel roofing in the Lower Rancho area. The homeowners submitted to the ARB a Short Review Procedure form for their desired roofing material and were able to secure the signatures of consent from the owners of each of the three adjacent properties (see Attachment No. 2). Nevertheless, the application was denied. An appeal of the decision was filed on April 1, 2010 (Attachment No. 5). PUBLIC HEARING NOTIFICATION Public hearing notices of this appeal were mailed on April 14, 2010 to the owners of those properties within 100 feet of the subject property (see Attachment No. 8 100 foot radius map) and to the Lower Rancho HOA President, Mr. Kevin Tomkins, and the ARB Chairman, Mr. Steve Mathison. Pursuant to the provisions of the California Environmental Quality Act (CEQA) a re- roofing project is Categorically Exempt from CEQA pursuant to Section 15301 of the Guidelines, and therefore, the public hearing notice was not published in the Arcadia Weekly. PROPOSAL AND ANALYSIS The homeowners are requesting that the Planning Commission overturn the Lower Rancho ARB decision to deny the use of Metro Shake II, Weathered- Timber, stone coated steel roofing at 1163 Encanto Drive. As stated in the appeal letter, the property owners' contractor believes that he has provided substantial visual examples of successful installations in the past of the proposed roofing material, which in staffs opinion are aesthetically appealing, are consistent with the City's Single- Family Residential Design Guidelines, and are compatible with the other structures in the neighborhood. The Lower Rancho regulations (City Council Resolution No. 5287) require that any body hearing an appeal of an ARB decision be guided by the principles stated in Section 15 of Resolution No. 5287. The roof of a residence is an important design element and an appropriate material enhances the architectural appearance of the structure. The City's Single- Family Residential Design Guidelines state, "The roof of a house does more than provide shelter from the elements; it helps define the architectural style and design of the residence." And, "Roof plans and materials should be compatible with the architectural style and design of the structure." The homeowners' proposed roofing material is neither new nor unique to the Lower Rancho area. There are over two dozen homes in the Lower Rancho area that have stone coated, steel roofs, and the Planning Commission approved two appeals since last year to allow a stone coated, steel -shake roof at 531 N. Monte Vista Road and 411 Oxford Drive. Staff has noted that there are detail elements of the older steel roofs that are not particularly appealing; such as the edges of the tiles, the ridge tiles, and the eaves. However, the material the homeowners want to install is significantly improved in style and details to better simulate a wood -shake roof. Additionally, the homeowners and their contractor are willing to install the roof in accordance with the following conditions of approval that the Lower Rancho ARB had imposed on steel roof projects in the past to ensure that the steel roofs would closely simulate a wood -shake roof. These conditions of approval were developed through the cooperation of roofing contractors with the former Lower Rancho ARB Chairman. HOA Appeal No. HOA 10 -02 1163 Encanto Drive April 27, 2010 page 2 1. The roof shall have open cut valleys. 2. A drip -edge overhang shall be provided at the eaves. 3. The edges shall not be exposed more than two inches. 4. The starter of the ridge shall be cut and bent neatly. 5. No trim tiles shall be used on the rake of the gable roof. Stone coated, steel -shake roofs have been installed on many residences throughout the City and in the other HOA areas because many builders and homeowners feel that the material is very durable and has a substantial appearance, but without the weight and structural requirements of concrete -tile roofs. And, unlike a wood roof, the steel shingles do not separate or warp over time. Staff agrees with the homeowners that steel -shake roofs weather well, are durable enough to be walked on, have an aesthetically pleasing appearance, and are fire retardant. The Arcadia Fire Department has never had any concerns with the use of the proposed roofing material. Attachment No. 6 is photos of the subject property and Attachment No. 7 is photos of homes in the Lower Rancho area that have a stone coated, steel roof. It is staff's opinion that the photos show that steel roofs do not detract from the aesthetic qualities of the properties, and therefore, staff believes that the proposed roofing material would be an aesthetic improvement to the residence. CODE REQUIREMENTS The proposed project is required to comply with all code requirements and policies determined to be necessary by the Building Official and Fire Marshal. RECOMMENDATION Staff recommends that the Planning Commission overturn the Lower Rancho ARB decision to deny the use of Metro Shake II, stone coated steel roof, and approve Homeowners' Association Appeal No. HOA 10 -02, subject to compliance with the aforementioned conditions of approval to the satisfaction of the Building Official and Fire Marshal. PLANNING COMMISSION ACTION Approval If the Planning Commission intends to approve the appeal and overturn the ARB denial, the Commission should move to approve Homeowners' Association Appeal No. HOA 10 -02, subject to the stated conditions of approval, or as modified by the Commission, based on a determination that the proposed project meets HOA Appeal No. HOA 10 -02 1163 Encanto Drive April 27, 2010 page 3 contemporary accepted standards of harmony and compatibility with the neighborhood, and is of good architectural character. Denial If the Planning Commission intends to deny the appeal and uphold the ARB decision, the Commission should move to deny Homeowners' Association Appeal No. HOA 10 -02, based on a determination that the proposed project is not harmonious or compatible with the neighborhood, or is of poor architectural character, or would be detrimental to the use and enjoyment and value of adjacent properties and the neighborhood. If any Planning Commissioner or other interested party has any questions or comments regarding this matter prior to the April 27, 2010 public hearing, please contact Senior Planner, Lisa Flores at (626) 574 -5445 or at Iflores o(�ci.arcadia.ca.us. Approved by: t ma, Community Development Administrator Jim Attachment No. 1 Vicinity Map and an Aerial Photo with zoning information Attachment No. 2 Homeowners' application Short Review Procedure Attachment No. 3 ARB Findings and Action, and ARB Minutes of March 20, 2010 Attachment No. 4 City Council Resolution No. 5287 Attachment No. 5 Homeowners' appeal documents Attachment No. 6 Photo of the subject property Attachment No. 7 Photos of homes in the Lower Rancho area that have a stone coated steel roof Attachment No. 8 100' foot radius map for public hearing notice mailing HOA Appeal No. HOA 10 -02 1163 Encanto Drive April 27, 2010 page 4 Attachment No. 1 HOA 10 -02 1163 Encanto Drive Attachment No. 1 1163 Encanto Dr Arcadia Zone Development Services Department Engineering Division Prepared by: R.S.Gonzalez, April 2010 1163 Encanto Drive HOA Appeal No. 10 -02 BLANCHE ST MOUNTAIN VIEW AVE Development Services Department Engineering Division Prepared by: R.S.Gonzalez, Apri12010 bool PALOMA DR ENCANTO DR N IC) Nie R -0 M CO M ti M 1163 Encanto Drive HOA Appeal No. 10-02 Attachment No. 2 HOA 10 -02 1163 Encanto Drive Attachment No. 2 A. PROJECT ADDRESS B. PROPERTY OWNER ADDRESS (IF DIFFERENT) APPLICATION FOR ipMEOWNER AbSOCIATION ARCHITECTURAL DESIGN REVIEW (SHORT REVIEW PROCEDURE) I (03 chkavvik TELEPHONE NUMBER 6 2( °2a `f XO 0 C. APPLICANT (IF OTHER THAN OWNER) W -A ADDRESS (s—z-2 AuA Gr Wavy, 1.44 4 i0TS TELEPHONE NUMBER C2 G 7M-24 D. DESCRIPTION OF PROJECT (check applicable) ENCLOSED ADDITION TO MAIN DWELLING SQUARE FOOTAGE TO BE ADDED UNENCLOSED ADDITION SQUARE FOOTAGE OF ADDITON ROOFING SPECIFY MATERIALS 're EXTERIOR ALTERATIONS (describe below) EXTERIOR WALLS OR FENCES (describe below) OTHER (describe below) FILE NO. DATE FILED yziot. 6. 7 WE, THE UNDERSIGNED (SIGNATURES) OWNERS OF ADJACENT PROPERTY, CERTIFY THAT WE HAVE READ THE FOREGOING APPLICATION, AND HAVE SEEN THE PROPOSED PLANS, AND HEREBY GRANT OUR CONSENT TO THE PROPOSED PROJECT. ON MAP SIGNATURE OF OWNER ADDRESS 2. pktve- eitio6141.4.J UX cC.a ADJACENT PROPERTY OWNERS SHALL BE CONSIDERED TO BE ALL PROPERTIES WHOSE BOUNDARIES ARE, IN WHOLE OR IN PART, CO- TERMINUS WITH THE SUBJECT PROPERTY: EXAMPLE: 1 1 3 SUBJECT PROPERTY STREET 4, Attachment No. 3 HOA 10 -02 1163 Encanto Drive Attachment No. 3 Rancho Santa Anita Resident's Association itpjqV,.l to ARB File No. Review Date: E. FINDINGS (Only check those that apply and provide a written explanation for each check) 1. The proposed construction materials ARE ARE NOT compatible with the existing materials, because 3. The proposed project IS ,SNOT significantly visible from the adjoining properties, because City modification required Not required ARCHITECTURAL DESIGN REVIEW BOARD (COMMITTEE) FINDINGS AND ACTION A. PROJECT ADDRESS: Not 3 6A- -441• To i.).e B. PROPERTY OWNER(S): rig=,y Tim- oft,G3 ADDRESS (IF DIFFERENT) C. Architect/designer Contractor trail-g4/24) ejav0 s Ph (02,4,713A, e, 7 D. Proposed Project: fr .COOF e 5 7TJLY.• e' /A.7 J 6 Lt/ 7 )1 ALAI u Ars.. 2. The proposed materials WILL ILL NOT have a significant adverse impact on the overall appearance of the property, because 4. The proposed project IS (Kg IS NOT significantly visible from the adjoining public right of way, because 5. The elements of structure's design ARE ARE NOT consistent with the existing building's design, because 6. The proposed project IS NOT in proportion to other improvements on the subject site or to improvements on other properties in the neighborhood, because 7. The location of the proposed project WILL (.SILL NOT be acceptable and not detrimental to the use, enjoyment and value of adjacent property and neighborhood, because 8. The proposed project's setbacks DO (.O NOT provide for the adequate separation between improvements on the same or adjoining properties, because Sheet 1 of 2 F. OTHER FINDINGS: kJ/ G. ACTION: Approval without conditions Approval with following conditions .enial H. DATE OF ARCHITECTURAL REVIEW BOARD (ARB) ACTION I. ARB MEMBER (S)/ COMMITTEE RENDERING THE ABOVE DECISION J. APPEALS SIGNED: PRINT NAME: TITLE: ADDRESS: Appeals for the ARB's (Committee's) decision shall be made to the Planning Commission. Anyone desiring to make such an appeal should contact the Planning Offices for the requirements, fee and procedures. Said appeal must be made in writing and delivered to the Planning Offices, 240 W. Huntington Dr., Arcadia, CA 91007 within seven (7) working days of the Board's (Committee decision. K. EXPIRATION OF APPROVALS If for a period of one (1) year from the date of approval, any project for which plans have been approved by the Board (Committee), has been unused, abandoned, or discontinued, said approval shall become null and void and of no effect. RANCHO SANTA ANITA RESIDENT'S ASSOCIATION DATE: PHONE: FAX: Arcadia, CA 91007 ARB File No. OWNER: ZP SPECIAL ARB COMMENTS: /�(��,'r��' 4- 7'�`74C./ 1 6 5 �t'_» /timu/i o� 5 7 09 r-ce ll� e• p+eo» piez- mopr,61,60 LIST; 1 9 440 *A4fr 40774104/e fo x f6 L c Sheet 2 of 2 Rancho Santa Anita Residents Association Serving the Lower Rancho College St. Areas Date: May 7, 2009 Re: Review of ARB approved roofing materials metal roof materials Mtg Date: Thursday May 7, 2009 Mtg Time: 8:30 pm to 9:30 pin (open to the public) The meeting was opened and the following board members were present: Steve Mathison Dale Brown Rick Frickie Bob Eriksson Lou Pappas (absent) The purpose of the meeting was to establish a consensus for the preapproved roofing materials for the area in addition to a detailed discussion on the Boards position on the installation of Metal Roofing Products that have been proposed in the area and have also been conditionally approved on a small number of homes over the past few years on a individual basis. It was discussed that a number of products currently on the list are no longer manufactured for a variety of reasons (failed manufacturers or product failures) and that the list can use some updating. The metal roof products were then discussed as this issue seems to come up on a regular basis and the board members felt that the position needed to be discussed in detail. After much discussion the general consensus of the board members was to NOT allow metal roofing products in the area for the following reasons: 1) Ridge, valley, eave, and edge details of the products require a great deal of special attention for the roof system elements to fit properly together and look correct. Even when they are assembled correctly they still have a manufactured look, and the details noted obviously do not resemble the details for a wood or composite shingle, which the metal roof is designed to emulate. 2) The finish of the product uses an similar asphaltic granular material similar to that of an asphalt shingle. With the exception of the variations in the surface to mimic the shape of a real wood shake, the product looks like a "Thick Butt Asphalt Shingle" which is not allowed in the Rancho Santa Anita area 3) Although the material can provide a Class A fire rating, other materials already approved by the Board also achieve this fire rating. 4) The Board has received input regarding the difficulty fire fighters have in an emergency venting a space through a roof with this material. As such there is the opinion greater damage can occur to a structure. The different roof types within the association were discussed and the overall appearance of the neighborhood is that of a wood shake or shingle in addition to manufactured tile that has the appearance of shake as well as concrete tile. 11 is the opinion of the board that the metal roofing products submitted to date are not "Harmonious" with the look and feel of the community it represents. Attachment No. 4 HOA 10 -02 1163 Encanto Drive Attachment No. 4 RESOLUTION NO. 5287 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DETERMINING AND AMENDING REGULATIONS APPLICABLE TO REAL PROPERTY IN THE RANCHO SANTA ANITA AREA AND IN THE AREA BETWEEN THE TURF CLUB AND COLORADO STREET "D" ARCHITECTURAL DESIGN ZONE AREA. THE CITY COUNCIL OF THE CITY OF ARCADIA DOES DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. That the City Council hereby repeals Resolution No. 4020, and adopts the following Resolution pursuant to Ordinance No. 1389, for the property described in Exhibit "A attached hereto. To implement the regulations applicable to the real property within the Rancho Santa Anita Residents' Association "D" Architectural Design Zone area, the Architectural Review Board is established and is hereinafter referred to as the "Board The governing body of the Board, is the Rancho Santa Anita Residents' Association. SECTION 2. In order to promote and maintain the quality single- family residential environment of the City of Arcadia, and to protect the property values and architectural character of such residential environments, in those portions of the City in which the residents have formed a homeowners association, and to accomplish the purposes set forth in Section 4, there is hereby established the following regulations and procedures in which said association may exercise plan review authority. SECTION 3. In order that buildings, structures and landscaping on property within said area will be harmonious with each other and to promote the full and proper utilization of said property, the following conditions are hereby imposed upon all property in said area pursuant to the zoning regulations of the Arcadia Municipal Code, and all those in control of property within said area, are subject to this Resolution and Ordinance No. 1832: 1. FLOOR AREA. No one family dwelling shall be erected or permitted which contains less than 1,400 square feet of ground floor area if one story in height, and not less than 1,000 square feet of ground floor area if one and one -half or two stories in height. The space contained within an open porch, open entry, balcony, garage, whether or not it is an integral part of the dwelling, patio, basement, or cellar shall not be considered in computing the square footage contained in any such building. The minimum required floor area shall be deemed to include the area measured from the outer faces of the exterior walls. 2. FRONT YARD. If a dwelling with a larger front yard than the minimum required by the underlying zone designation exists on a lot on either side of a lot proposed to be improved, the Board shall have the power to require an appropriate front yard on the lot to be improved, including a setback up to a size as large as an adjacent front yard. 3. SIDE YARD. A lot with a building or any part thereof, occupying the front one hundred (100) feet, or any part thereof, of such lot shall have a side yard of not less than ten (10) feet. 4. ANIMALS. Wild animals, sheep, hogs, goats, bees, cows, horses, mules, poultry, or rabbits shall not be permitted or kept. 5. EXTERIOR BUILDING MATERIALS. Materials used on the exterior of any structure, including roofing, wall or fence greater than two (2) feet above the lowest adjacent grade, shall be compatible with materials of other structures on the same lot and with other structures in the neighborhood. 6. EXTERIOR BUILDING APPEARANCE. The appearance of any structure, including roof, wall or fence shall be compatible with existing structures, roofing, walls or fences in the neighborhood. 7. APPROVAL OF BOARD REQUIRED. No structure, roof, wall or fence greater than two (2) feet above the lowest adjacent grade, shall be erected, placed or replaced unless approved by the Board. Plans for the erection, placement, or replacement of any structure, roof, wall or fence, showing the precise location on the lot of the structure, wall or fence, shall be submitted to the. Board. No structure, roof, wall or fence shall be erected, placed or replaced except in exact conformance with the plans approved by the Board. If necessary to properly consider any application, the Board may require specific plans, working drawings, specifications, color charts and material samples. The provisions of this requirement shall not apply if the project consists only of work inside a building which does not substantially change the external _appearance of the building. 8. ARCHITECTURAL REVIEW BOARD. The Board shall be empowered to transact business and exercise powers herein conferred, only if the following requirements exist 2 5287 a. A formally organized property owner's organization exists in said area. b. The organization has by -laws adopted that authorize the establishment of the Board. c. Said by -laws provide for appointment of property owners, only, to the Board. d. Owners have been appointed to the Board in accordance with the by -laws. e. A copy of the by -laws and any amendments thereto have been filed with the City Clerk and the Director of Planning. f. The Board shall designate a custodian of records who shall maintain said records and make them available for public review upon reasonable request. g. Permanent written record of the meetings, findings, action, and decision of the Board shall be maintained by the Board. Any decision by the Board shall be accompanied by specific findings setting forth the reasons for the Board's decision. Any decision by the Board shall be made by a majority of the entire membership of the Board, and such decision shall be rendered by the Board members who considered the application. A copy of the Board's findings and decision shall be mailed to the applicant within three (3) working days of the Board's decision. h. All meetings of the Board shall be open to the public in accordance with the Ralph M. Brown Act (California Open Meeting Law). 9. POWERS OF THE BOARD. The Board shall have the power to: a. Determine and approve an appropriate front yard pursuant to Condition 2 of Section 3. b. Determine whether materials and appearance are compatible in accordance with the above Conditions 5 6 of Section 3. c If a grading plan is required for a building permit for a structure, the Board may require such plan to be submitted along with the building plans. d. Any of the conditions set forth in Conditions 1 through 4 of Section 3, may be made less restrictive by the Board if the Board determines that such action will foster the development of a lot and will not adversely affect the use and enjoyment of the adjacent lots and the general neighborhood and would not be inconsistent with: the provisions and intent of this resolution. e. The Board shall have the power to establish rules for the purpose of exercising its duties, subject to review and approval of the City. Copies of such rules shall be kept on file with the Secretary of the Association and the City Clerk. 3 5287 10. SHORT REVIEW PROCESS PROCEDURE. a. The Short Review Process may be used by the Board for the review of applications for modifications to the requirements set forth in Conditions 1 through 4 of Section 3, provided that the application for a Short Review Process shall be accompanied by a completed application form which shall contain the signatures of all contiguous property owners indicating their awareness and approval of the application. b. The Board is not required to hold a noticed, scheduled meeting for the consideration of a Short Review Process Application. c. The Board Chairman or another Board member designated by the Board Chairman, to act in his absence, shall render his decision on a Short Review Process application within ten (10) working days from the date such request is filed with the Board; failure to take action in said time shall, at the end of the ten (10) working day period, be deemed an approval of the plans. d. The Board may determine which requirements set forth in Conditions 1 through 4 of Section 3 are not appropriate for the Short Review Process, and therefore require the Regular Review Process for the consideration of such Conditions. Any list of such Conditions which are not appropriate for the Short Review Process shall be filed in writing with the City Clerk and the Director of Planning. 11. REGULAR REVIEW PROCESS PROCEDURES. a. The Regular Review Process shall be used by the Board for the review of the Conditions 1 through 4 of Section 3, (eligible for Short Review) in those cases in which the applicant fails to obtain the signatures of approval from all of the required property owners. b. The Regular Review Process must be used for the review of applications to those Conditions 1 through 4 of Section 3, which the Board has determined are not appropriate for the Short Review Process pursuant to the above. c. The Board is required to hold a noticed, scheduled meeting for the consideration of a Regular Review Process Application. d. Notice of Board's meeting shall be mailed, postage prepaid to the applicant and to all property owners within one hundred feet (100') of the subject property, not less than ten (10) calendar days before the date of such meeting. The applicant shall also provide the Board with the last known name and address, of such owners as shown upon the assessment rolls of the City or of the County. 4 5287 The applicant shall also provide the Board with letter size envelopes, which are addressed to the property owners who are to receive said notice. The applicant shall provide the proper postage on each of said envelopes. e. Any decision by the Board shall be made by a majority of the entire membership of the Board, and such decision shall be rendered by the Board members who considered the application. f. The Board shall render it's decision on a Regular Review Process application within thirty (30) working days from the date such request is filed with the Board; failure to take action in said time shall, at the end of the thirty (30) working day period, be deemed an approval of the plans. 12. EXPIRATION OF BOARD'S APPROVAL. If for a period of one (1) year from date of approval, any project for which plans have been approved by the Board, has been unused, abandoned or discontinued, said approval shall become null and void and of no effect. 13. LIMIT ON BOARD'S POWERS. The Board shall not have the power to waive any regulations in the Code pertaining to the basic zone of the property in said area. The Board may, however, make a recommendation to the City agency, which will be considering any such waiver request, regarding waiving such regulations. 14. APPEAL. Appeals from the Board shall be made to the Planning Commission. Said appeal shall be made in writing and delivered to the Planning Department within seven (7) working days of the Board's decision and shall be accompanied by an appeal fee in accordance with the applicable fee schedule adopted by resolution of the City Council. Upon receipt in proper form of an appeal from the Board's decision, such appeal shall be processed by the Planning Department in accordance with the same procedures applicable to appeals from the Modification Committee. 15. STANDARDS FOR BOARD DECISIONS AND APPEALS. The Board and any body hearing an appeal from the Board's decision shall be guided by the following principles: a. Control of architectural appearance and use of materials shall not be so exercised that individual initiative is stifled in creating the appearance of external features of any particular structure, building, fence, _wall or roof, except to the extent necessary to establish contemporary accepted standards of harmony and compatibility acceptable to the Board or body hearing an appeal in order to avoid that which is excessive, garish, and substantially unrelated to the neighborhood. 5.- 5287 (Pertains to Conditions Nos. 5 6 of Section 3 of this Resolution Exterior Building Materials Exterior Building Appearance). b. Good architectural character is based upon the principles of harmony and proportion in the elements of the structure as well as the relationship of such principles to adjacent structures and other structures in the neighborhood: (Pertains to Conditions Nos. 5 6 of Section 3 of this Resolution Exterior Building Materials Exterior Building Appearance). c. A poorly designed external appearance of a structure, wall, fence, or roof, can be detrimental to the use and enjoyment and value of adjacent property and neighborhood. (Pertains to Conditions Nos. 5 6 of Section 3 of this Resolution Exterior Building Materials Exterior Building Appearance). d. A good relationship between adjacent front yards increases the value of properties and makes the use of both properties more enjoyable. (Pertains to Condition No. 2 of Section 3 of this Resolution Front yards). SECTION 4. The City Council finds and determines that the public health, safety and general welfare of the community require the adoption of this Resolution. It is determined that the various land use controls, and property regulations as set forth herein are substantially related to maintenance of Arcadia's environment, for the purpose of assuring that the appearance of structures will be compatible and harmonious with the use and enjoyment of surrounding properties. Design controls and aesthetic considerations will help maintain the beauty of the community, protect property values, and help assure protection from deterioration, blight, and unattractiveness all of which can have a negative impact on the environment of the community, effecting property values, and the quality of life which is characteristic of Arcadia. It is further determined that the purpose and function of this Resolution is consistent with the history of the City and continued efforts through various means to maintain the City's land use, environmental, and economic goals and to assure perpetuation of both the psychological benefits and economic interests concomitant to an attractive, well maintained community with emphasis on residential living. All findings and statements of purpose in related Resolutions which pre- existed this Resolution or prior covenants, conditions, and restrictions constitute part of the rationale for this Resolution and are incorporated by reference. SECTION 5. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this resolution is for any reason held to be invalid by the final decision of any court of competent jurisdiction, such decision shall not affect the validity of 6 5287 the remaining portions of this Resolution. The Council hereby declares that it would have adopted this Resolution and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more section, subsection, subdivision, sentence, clause, phrase, or portion thereof be declared invalid. SECTION 6. That the City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this 1st day of April, 1986. ATTEST: /s/ CHRISTINE VAN MAANEN City Clerk of the City of Arcadia /s/ DONALD PELLEGRINO Mayor of the City of Arcadia STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF ARCADIA I, CHRISTINE VAN MAANEN, Clerk of the City of Arcadia; hereby certify that the foregoing Resolution No. 5287 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 1st day of April, 1986, and that said Resolution was adopted by the following vote, to wit: AYES: Councilmen Gilb, Hannah, Lojeski, Young and Pellegrino NOES: None ABSENT: None /s/ CHRISTINE VAN MAANEN City Clerk of the City of Arcadia EXHIBIT "A" Area #1 Beginning at a point on easterly line of Michillinda Avenue, said point being the southwesterly corner of Lot 36, Tract No. 15928; thence easterly along the southerly boundary of said Tract No. 15928 and Tract No. 14428 to a point which is the northwesterly corner of Lot 12, Tract No. 15960; thence southerly along the westerly line of said Lot 12 and its prolongation thereof to its intersection with the centerline of De Anza Place; thence southerly and easterly along said centerline to its intersection with the centerline of Altura Road; thence southerly along said centerline to its intersection with the centerline of Hugo Reid Drive; thence easterly along said centerline to its intersection with the centerline of Golden West Avenue; thence northwesterly along said centerline to its intersection with the centerline of Tallac Drive; thence easterly along said centerline to its intersection with the easterly line of Tract No. 13312; thence northerly and easterly along the easterly and southerly boundary of said tract to the southeasterly corner of Lot No. 1 to its intersection with the easterly line of Golden West Avenue; thence northerly along said easterly line to its intersection with the southerly line of Vaquero Road; thence easterly along said southerly line to its intersection with the easterly terminus line of said Vaquero Road; thence northerly along said easterly line to its intersection with the southerly line of Lot 17 of Tract No. 11215; thence easterly along said southerly line to its intersection with the easterly line of aforementioned Tract No. 11215; thence northerly along said easterly line and its prolongation thereof to its intersection with the centerline of Colorado Street; thence westerly along said centerline to its intersection with the centerline of Altura Road; thence southerly along said centerline to its intersection with the easterly prolongation of the northerly line of Tract No. 17430; thence westerly along said northerly line to its intersection with the easterly line of Michillinda Avenue; thence southerly along said easterly line to the point of beginning, said point being the southwesterly corner of Lot 36 of Tract No. 15928: EXHIBIT "A" con 8 5287 EXHIBIT "A" Area #2 Beginning at the northwesterly corner of Lot No. 62 of Tract No. 12786; thence southerly along the westerly line of said Lot and its prolongation thereof to its intersection with the centerline of Hugo' Reid Drive; thence easterly along said center line to its intersection with the southerly prolongation of the easterly line of Tract No. 14460; thence northerly along said easterly line to its intersection with the northerly line of said tract; thence westerly along said northerly line to its intersection with the westerly line of said Tract No. 14460; thence southwesterly along said westerly line, and its southwesterly prolongation thereof, to its intersection with the northeasterly corner of Lot No. 61 of Tract No. 12786; thence westerly along the northerly line of said tract to the point of beginning, said point being the northwesterly corner of Lot 62 of Tract No. 12786; Area #3 All properties with that area bounded on the west by Baldwin Avenue, on the north and east by Colorado Street and on the south by the southerly tract boundaries of Tract Nos. 14940 and 15318. EXHIBIT "A" 9 5287 Attachment No. 5 HOA 10 -02 1163 Encanto Drive Attachment No. 5 prl Western Roofing Systems 2031 East Cerritos Avenue, Suite 7E, Anaheim, CA 92806 Office 714.778 -5163 Fax 714.778.0248 Regional Office 800.7668000 Contractors Lic. No. 675902 April 1, 2010 Lisa Flores Senior Planner T City Of Arcadia 240 W. Huntington Dr. Arcadia, Ca 91066 -6021 Re: Ms. Terry Traver 1163 Encanto Dr. Arcadia, Ca 91107 626 294 -9070 Dear Ms. Flores, APR 01 1010 This letter is to initiate the appeal process on behalf of the above referenced property owners, for having been denied an Application for Homeowners Association Architectural Design Review (Short Review Procedure) for the re- roofmg of their home in Rancho Santa Anita Residence Association. The attached denial application states that the Metro Shake II, Weathered Timber, stone coated steel roofing material that had been conditionally approved, (and many times revised, at the direction of the board on at least ten prior occasions) was rejected by Mr. Steve Mathison on behalf of the Architectural Review. Board "due to appearance of material and installation details." We believe that we have substantially and successfully demonstrated, to the satisfaction of the previous A.R.B. Chairman, Mr. Tony Henrich and board at large, that the basic field material along with the many details as prescribed on recent installations for example at 531 N. Monte Vista Rd., 1 Altura Rd. and 415 Cambridge Dr., that this material meets or exceeds at least the minimum design criteria standards previously described to us and held to by other pre- approved materials. At the previous Planning Commission Meeting in September of this year, they unaniknously ruled in favor of our appeal and allowed for the most recent installation at the Sonneberg residence at 531 N. Monte Vista Rd. Arcadia. Please let me know what the next step is in the appeal process and I will happily comply. Warren Cross, Western Roofmg Systems San Gabriel Valley Office 1522 Meadow Glen Way Hacienda Heights, Ca 91745 Cell 626 786 -2477 Fax 626 912 -9014 /104 Metro ShakeTM The classic rustic style of wood shake in lightweight high strength steel. Metro Shaken' is a batten -less design that is revolutionizing the re- roofing industry. Each panel is forged with deep wood grain impressions creating an exceptionally strong, lightweight (1.51bs /sq. ft.) and secure steel roof covering to suit any architectural style. Metro's advanced coating technology and unique batten -less design eliminates the wood battens allowing for faster install times. A Metro Shaken' roof gives you the charm of wood shake without the associated problems of splitting, warping or increased fire risk. Instead you'll enjoy excellent durability, long life and low maintenance even in the harshest climates. Metro is proud to offer our customers select colors with the ENERGY STAR label and our attractive color palette lets you choose just the right look that can transform your home Metro Shake'. metro Roof Products Smart Roofs for Smart People` BEECHWOOD Pork Brown Accent) BIRCH -II (Bled Accent) CHARCOAL (Solid Color) COLOR RANGE m etro rtoo' Plod. ENERGY STAR PARTNER Limited color range Contact Metro for current Energy Star colors WALNUT (Black Accent) WEATHERED TIMBER (Black Accent) WESTERN WOOD (Light Tan Accent) Above chart shows STANDARD STOCK COLORS for Metro Shake' panels. Always select colors from ACTUAL samples. PREMIUM, SPECIAL, and CUSTOM COLORS and Fleshings are available 3093 Industry Street Oceanside, CA 92054 Tel: (866) METRO-4U (638-7648) Fax: (760) 435 -1162 Smart Roofs for Smart People www.metroroofs.com Metro Shaken' Lightweight and built for long -life. Metro Shake' is finished with an attractive stone coating embedded in a UV resistant acrylic polymer for a lasting bond to the 26 -gauge *Galvalumee steel covered with 100% acrylic over glaze. Purchase with Confidence All Metro products provide heavy -duty warranty performance, from 120 -mph winds to hail impact and fire resistance. Take a look at today's steel roofing and select from a wide range of earth -tone colors to suit your home. For years we've been a leader in the design and production of quality stone coated steel roofing, producing a roofing product that is of high quality and affordable. 50 -Year Limited Product 25 -Year Appearance Warranty r (Unlimited transfers &a lengthy appearance warranty) 120 -mph Wind Warranty (Tested in the harshest conditions can be engineered for USA Coastal High Wind areas to 150-mph) Hail Warranty (Class 4 The highest UL 2218 rating for hail impact) Lightweight Walkable 1.51b /sq. ft. (Earthquake strong with lightweight batten grid inter locking panels provide shear strength of 1/2' plywood) Class -A Fire Rating (Meets the strictest fire codes across the coo Prevents residential foes from spreading) Testing Credentials ICC Evaluation Reports ER -5218 ER -5626 UL 'Listed' R19204 UL Class -4 Impact Rating (Hail) FLORIDA FL- 698.81- Approved FLORIDA FL -6710 HVHZ areas Approved Miami -Dade NOA -#07. 0611.11 Approved Metro Roman 211e PATENT Design Patent No., 29/221691 Jan -21, 2005 'Oalvalume is a registered trademark of BBC International Ina, 02007 Copyright Metro Roof Products 10.07 SOM -R010M MR-1-611K Attachment No. 6 HOA 10 -02 1163 Encanto Drive Attachment No. 6 Subject Property 1163 Encanto Drive Attachment No. 7 HOA 10 -02 1163 Encanto Drive Attachment No. 7 Metal Roof 541 Monte Vista Road (Approved by an appeal in 2009) Metal Roof 411 Oxford Drive (Approved by an appeal in 2010) Metal Roof 951 Volante Drive Metal Roof 284 Renoak Way Metal Roof 470 Cambridge Road Metal Roof 412 Cambridge Road Metal Roof 450 Cambridge Road Metal Roof 428 Cambridge Road Attachment No. 8 HOA 10 -02 1163 Encanto Drive Attachment No. 8 Water Meter Location Bridges Fire Hydrants Water Valve Street Centerlines Buffer F parcels ondo parcel Features City Boundary 1 200 0 SCALE 1 3,474 200 FEET Rac((o-- kcue 1 ki6 Cant. Dr. 400 600 N http: /arcadiagis /maps /water.mwf Tuesday. April '13. 2010 1(1 AM April 27, 2010 TO: Arcadia Planning Commission FROM: Jim Kasama, Community Development Administrator By: Thomas Li, Associate Planner STAFF REPORT Development Services Department SUBJECT: Administrative Single- Family Architectural Design Review No. Admin- SFADR 10 -28 for a new front porch cover and replacement of two patio covers at the rear of the existing single -story, single family residence at 215 W. Naomi Avenue. SUMMARY The homeowner, Mr. Fausto G. Pachano submitted Administrative Single Family Architectural Design Review No. Admin -SFADR 10 -28 for a new 270 square -foot front porch cover and replacement of two patio covers (84 square feet and 128 square feet) at the rear of the existing, single -story, single family residence. The Development Services Department is recommending denial of the proposal because staff finds that the architectural design of the porch and patio covers are not consistent with the City's Single- Family Residential Design Guidelines. GENERAL INFORMATION APPLICANT: Mr. Fausto G. Pachano (property owner) LOCATION: 215 W. Naomi Avenue REQUEST: Approval of an Administrative Single Family Design Review for a new 270 square -foot front porch cover and replacement of two patio covers (84 square feet and 128 square feet) at the rear of the existing, single -story, single family residence. SITE AREA: Approximately 38,080 square feet (0.87 acres) FRONTAGE: 113 feet along West Naomi Avenue EXISTING LAND USE: The site is improved with a 1,896 square -foot, one -story, single family residence and a detached garage. ZONING: R -1- 15,000 Single Family Residential with a 15,000 minimum lot size requirement. GENERAL PLAN DESIGNATION: Single Family Residential with a density of 0 -6 dwelling units per acre. SURROUNDING LAND USES ZONING: The surrounding properties are developed with single family residences and are zoned R -1- 15,000. The Arcadia Wash is adjacent to the east side of the rear portion of the subject property. PUBLIC HEARING NOTIFICATION Public hearing notices of this Administrative Single Family Architectural Design Review referral were mailed on April 16, 2010 to the property owners and /or occupants of those properties that are within 100 feet of the subject property (see the attached radius map). Because staff has determined that the proposed project is exempt from the requirements of the California Environmental Quality Act (CEQA) the public hearing notice was not published in the Arcadia Weekly newspaper. BACKGROUND The subject residence is a 1,896 square -foot, one -story home that was constructed in 1954. The applicant is adding a 270 square -foot front porch cover, and replacing two rear patio covers of 84 square feet and 128 square feet. However, the applicant began this work without design review approval or building permits. Architectural design reviews for porches and patio covers are usually handled at the administrative level; that is, over the counter, and they are usually minor improvements and typically match the architecture of the existing structure. However, staff is referring this design review to the Planning Commission because the proposed improvements, while not particularly significant, are not clearly architecturally compatible with the existing structure. ANALYSIS The existing residence appears to be an eclectic, Mediterranean /California -ranch style based on the terracotta, S -tile roof, the off white, stucco walls, and the wide, low- profile appearance. The roof has a low -pitch with a combination of hips and gables. One of the existing rear patio covers is an extension of the roof, and the other has a flat, shed -type cover extending out from the wall of the house. Both patio covers had dark timber posts and beams. Admin -SFADR 10 -28 215 W. Naomi Avenue April 27, 2010 Page 2 The partially- constructed front porch cover and rear patio cover enhancements are of Greek architectural style see the attached photos. The homeowner has added pediments supported by Corinthian -style columns. The front porch cover has six columns, and the rear patio covers each have two columns. The homeowner has explained that the pediments will have moldings and cornices, and that terracotta tiles will be added to the top edge of the pediments so that they match the roof of the house. Attached are photos and sketches of this proposal. The homeowner also explained that the front porch and driveway area and the rear patios will be further enhanced by plants and /or fountains in Greek -style pots between or adjacent to the columns. Some of these can be seen in the attached photos. Architectural Design Review The purpose of the City's Architectural Design Review Guidelines and Process as stated in Section 9295 of the Municipal Code is to promote a desired level of quality residential development that will do the following: A. Contribute to a positive physical image and identity of single- family development. B. Allow diversity of style while promoting the positive design characteristics existing throughout the City. C. Provide guidance for the orderly development of the City and promote high quality development. D. Maintain and protect the property values by encouraging excellence in architectural design that: a. Will enhance the visual environment and character of the community; b. Will preserve and protect property values; c. Is sensitive to both the site and its surroundings; and d. Has been carefully considered with well- integrated features that express a definite architectural style. The interpretation and implementation of the Design Guidelines should be based on the above purposes. Projects that are reviewed for compliance with the Design Guidelines should meet the intent of the above purposes. The Design Guidelines do not seek to impose an overriding style, a limited color palette, or an artificial theme, but seek to promote the positive design characteristics existing throughout the City. The goal is to promote quality designs that have been carefully considered. It is intended to promote designs that have well integrated features rather than tacked on details. The Design Guidelines are less quantitative than mandatory Admin -SFADR 10 -28 215 W. Naomi Avenue April 27, 2010 Page 3 development standards and may be interpreted with reasonable flexibility in their application to specific projects. The applicability of the Single Family Residential Design Guidelines is stated as follows on page three: The guidelines are utilized during the City's architectural design review process to ensure the highest level of design quality, while also allowing room for flexibility in their application. The guidelines are "should" statements; they express the City desires and expectations. Alternative design features may be allowed if consistent with the intent of the guidelines, or if such allowance will facilitate an innovative or otherwise preferable design concept. The Architectural Style section of the Guidelines (p.25) states the following: Arcadia, like most other California cities, has a mix of architectural styles within its residential neighborhoods. Consistency of design features within traditional styles such as Ranch, American Colonial, Spanish, etc. has served Arcadia well because it has enlivened the City with variety while maintaining a distinctly traditional neighborhood character. In recognizing the value of architectural diversity, the City does not seek to dictate which styles are allowed, but rather to promote an awareness of what makes different elements work together. Strict adherence to a single architectural style is not required; however, combining too many elements from several divergent styles often results in an incoherent design. Generally, the City recommends choosing a single architectural style as a starting point in the design process. Positive design features from other styles may be incorporated if the various elements work together. Most importantly, the overall architectural style should be compatible with the surrounding neighborhood. Using similar features, colors, and materials found in nearby homes is encouraged. Although the Guidelines clearly allow for creativity and the combining of different architectural styles, it is staff's opinion that the proposed front porch and rear patio enhancements will not complement the existing house. The diversity mentioned by the Guidelines is tempered by the "Additions Alterations" section of the Guidelines (p.33) which state the following: An addition should be designed to look like part of the original house. All exterior treatments should match those of the existing house as closely as possible. Porch additions should match the scale and architectural style of the existing house. In general, the eaves of the porch roof should align with the first story. Admin -SFADR 10 -28 215 W. Naomi Avenue April 27, 2010 Page 4 Staff's opinion is that the proposed Greek -style of the porch and patio covers overtly contrasts with the simple, low- profile appearance of the existing house, and that these styles do not work well together. Therefore, staff recommends denial of the applicant's request. RECOMMENDATION The Development Services Department recommends denial of Administrative Single Family Architectural Design Review No. Admin -SFADR 10 -28 because the proposal is inconsistent with the City's Single Family Residential Design Guidelines. PLANNING COMMISSION ACTION Approval If the Planning Commission intends to approve Administrative Single- Family Design Review No. Admin -SFADR 10 -28, the Commission should find the proposal to be consistent with the Single Family Residential Design Guidelines based on the evidence presented, and move to approve the project. Denial If the Planning Commission intends to deny Administrative Single Family Design Review No. Admin -SFADR 10 -28, the Commission should find the proposal to be inconsistent with the Single Family Residential Design Guidelines based on the evidence presented, and move to deny the project. If any Planning Commissioner, or other interested party has any questions or comments regarding this matter prior to the April 27, 2010 public hearing, please contact Associate Planner, Thomas Li at (626) 574 -5447 or via email at tli(c�ci.arcadia.ca.us. Approved by: Ji asama ommunity Development Administrator Attachments: Aerial Photograph and Zoning Map Site Plan and Sketch of Front Elevation Photographs of the Subject Property 100 -foot Radius Map Admin -SFADR 10 -28 215 W. Naomi Avenue April 27, 2010 Page 5 215 W Naomi Ave Arcadia Zone Development Services Department Engineering Division Prepared by: R.S.Gonzalez, April 2010 215 W Naomi Avenue Admin SFADR 10 -28 (238) (232) (226) (220) (212) (208) (200) R -1 1 Development Services Department Engineering Division Prepared by. R.S.Gonzalez, April 2010 1 1 v 215 WNaomiAvenue Admin. SFADR 10.28 N 23 t CAR FoFer 3" cA R.,, 15 Cult( e 2/5 0. Naomi Ave. k ~h1�Yq. 1+�``.ti�. X44 r.-- 100-foot radius around 215 Naomi Ave. April 27, 2010 TO: FROM: SUBJECT: SUMMARY Arcadia Planning Commission Jim Kasama, Community Development Administrator By: Tim Schwehr, Assistant Planner STAFF REPORT Development Services Department Revocation of Conditional Use Permit Application No. CUP 09 -09 (Resolution 1801) permitting a 960 square -foot expansion to an existing 2,040 square -foot restaurant located at 510 -512 E. Live Oak Avenue. On October 27, 2009, the Planning Commission approved CUP 09 -09 to permit Cafe Fusion's previously unpermitted expansion into the adjacent 960 square -foot unit at 510- 512 E. Live Oak Avenue. Several conditions of approval were required to be satisfied within 60 days and before the expansion area could continue to be used. After 60 days following the adoption of Resolution 1801 (attached) staff conducted an inspection of the subject business and found that the following conditions had not been complied with: 1. All karaoke and live entertainment equipment shall be removed from the premises. 2. All unpermitted signs shall be removed. 3. The bathroom facilities shall be upgraded to meet the Building Official's requirement of 1 urinal, 1 toilet, and 1 lavatory for men, and 2 toilets and 1 lavatory for women. 4. Agreements /Covenants with the City of Arcadia as a party thereto in forms approved by the City Attorney for the use of 16 off-site parking spaces at 600 618 E. Live Oak Avenue shall be executed and recorded in the Office of the County Recorder. At the February 9, 2010 Planning Commission meeting, staff informed the Commission that the restaurant had not complied with the above conditions of approval within the required 60 days. The Planning Commission directed staff to initiate revocation proceedings. At the March 9, 2010 Planning Commission meeting, the Planning Commission approved a continuance of the revocation proceedings to April 27, 2010 to allow additional time to secure the agreement of the property owner of 600 618 E. Live Oak Avenue to enter in Agreements /Covenants with the City of Arcadia as a party thereto. BACKGROUND INFORMATION The following is a timeline of events related to CUP 09 -09: September 2008: Code Services received a complaint of noise, loitering and loud music at the subject property. During a site inspection, Code Services discovered microphones, amplifiers, and other equipment for live entertainment and karaoke, and that the restaurant had expanded into the adjacent commercial space. It was also discovered that the existing restaurant was displaying unpermitted signs. A notice of violation was issued to the owners of Cafe Fusion. October 31, 2008: Code Services issued a citation to the owner of Cafe Fusion for failure to address the violations. November 11, 2008: Cafe Fusion filed Sign Design Review Application No. SADR 08-48 for a new channel letter front wall sign and a face change to the existing projecting sign approved in May of 2009. February 10, 2009: Code Services referred the violations for the unpermitted restaurant expansion and live entertainment to the City Attorney. May 14, 2009: The applicant submitted Conditional Use Permit Application No. CUP 09 -09. August 11, 2009: Conditional Use Permit Application No. CUP 09 -09 was considered by the Planning Commission. At this meeting, the applicant proposed to lease 20 parking spaces located at 405 Lynrose Street, which is approximately 900 feet from the restaurant. Because of the distance, staff recommended denial of the application. Just prior to the meeting, the applicant submitted a written request to the Planning Commission asking for a continuance to explore other parking solutions. By a vote of 3 -1 with one Commissioner absent, the Planning Commission granted a continuance to the September 22 meeting. September 22, 2009: At this meeting, the applicant proposed to lease 16 parking spaces from either the commercial strip mall to the north at 529 555 E. Live Oak Avenue or the commercial strip mall to the east at 600 618 E. Live Oak Avenue. In order to allow sufficient time for a detailed analysis of the proposed parking arrangements and to issue an expanded public hearing notice, staff recommended a continuance to the October 27, 2009 Planning Commission meeting. By a vote of 5 -0 the Planning Commission granted the continuance. October 27, 2009: At this meeting, by a vote of 4 -1 the Planning Commission conditionally approved CUP 09 -09 for the 960 square -foot restaurant expansion and CUP 09 -09 Revocation 510 -512 E. Live Oak Ave. April 27, 2010 Page 2 use of 16 off -site parking spaces at 600 618 E. Live Oak Avenue in lieu of the on- site required parking for the expansion. The staff report is attached. November 24, 2009: Resolution 1801 for CUP 09 -09 was adopted by the Planning Commission. Condition no. 12 of the resolution stated that all conditions of approval shall be satisfied within 60 days and prior to use of the expansion area. January 25, 2010: 60 days after the adoption of Resolution 1801, staff had not been contacted about the required plumbing improvements or the parking agreement /covenant. Upon contacting the restaurant manager of Cafe Fusion, staff was informed that no progress had been made. February 9, 2010: Staff presented a 60 -day report to the Planning Commission on the status of compliance with the conditions of approval stated in Resolution 1801. The report stated that none of the conditions of approval that were required to be met within 60 days had been satisfied. These include upgrading the bathroom facilities, filing a parking covenant, removing the unpermitted signage and live entertainment equipment, and that the expansion area not be used for dining purposes until all the conditions had been satisfied. The Planning Commission directed staff to initiate revocation proceedings. February 24, 2010: Staff issued the required notice to the applicant, business owners, and property owner informing them that a public hearing will be held by the Planning Commission at its regular meeting on March 9, 2010 to consider the revocation of Conditional Use Permit No. CUP 09 -09. March 9, 2010: The Planning Commission at their regular meeting held a revocation hearing (see attached staff report) and granted conditional approval of a continuance of the revocation proceedings to the April 27, 2010 meeting to allow additional time to secure the agreement of the property owner at 600 618 E. Live Oak Avenue to enter in Agreements /Covenants naming the City of Arcadia as a party thereto. The condition of approval was that no further continuances shall be granted for this application. UPDATE ON STATUS OF COMPLIANCE Since the March 9, 2010 Planning Commission Meeting, staff can report the following progress on the conditions of approval: The live entertainment and karaoke equipment have been removed from the premises. The unpermitted banner at the rear of the building has been removed. Sign Architectural Design Review Application No. SADR 10 -16 was revised by the applicant to conceal the raceway per staff's request. The sign contractor is prepared to reinstall the sign pending execution of the Covenants /Agreements to lease the 16 off -site parking spaces by the owner of 600 618 E. Live Oak Avenue. CUP 09 -09 Revocation 510 -512 E. Live Oak Ave. April 27, 2010 Page 3 The plans for the bathroom upgrades have been submitted to the City and are ready for approval. The contractor is waiting for the Covenants /Agreements to lease the 16 off -site parking spaces to be executed by the owner of 600 618 E. Live Oak Avenue. Following the March 9 Planning Commission meeting, the property owner of 600 618 E. Live Oak Avenue, Mr. Luc H. Ly, contacted staff stating that he is now willing to enter into the required Agreements /Covenants necessary to allow Cafe Fusion to lease 16 off -site parking spaces, provided that language is included in the Agreements /Covenants stating that the City will not prevent either party from terminating the Agreements /Covenants. On March 19, 2010, the business owner of Cafe Fusion paid the $315 Covenant fee and submitted documents needed to draft the Covenants /Agreements for off -site parking. After reviewing the documents, staff informed the business owner that additional documents were required in order to draft the Covenants /Agreements. On April 15, 2010, the business owner of Cafe Fusion submitted the remaining documents. The Office of the City Attorney is currently drafting the Covenants /Agreements and anticipates they will be ready by the second week of May. RECOMMENDATION The Development Services Department recommends revocation of Conditional Use Permit No. CUP 09 -09 effective May 27, 2010 unless all the conditions of approval stated in Resolution 1801 are satisfied prior to that effective date. PLANNING COMMISSION ACTION Staff's recommendation essentially continues the revocation process to May 27, 2010. Some of the final delay in meeting the requirements for the parking Covenants /Agreements was due to the hesitancy of the owner of 600 618 E. Live Oak Avenue and his inability to readily provide the necessary real estate documents. Revocation on May 27, 2010 If the Planning Commission intends to revoke Conditional Use Permit No. CUP 09 -09 on May 27, 2010, the Commission should move for revocation effective May 27, 2010 unless all the conditions of approval stated in Resolution 1801 are satisfied prior to that effective date, and direct staff to prepare a resolution for adoption at the next meeting that incorporates the Commission's decision, specific determinations and findings. Immediate Revocation If the Planning Commission intends to immediately revoke Conditional Use Permit No. CUP 09 -09, the Commission should move for immediate revocation, state the supporting findings, and direct staff to prepare a resolution for adoption at the next meeting that incorporates the Commission's decision, specific determinations and findings. CUP 09 -09 Revocation 510 -512 E. Live Oak Ave. April 27, 2010 Page 4 If any Planning Commissioner, or other interested party has any questions or comments regarding this matter prior to the April 27, 2010 public hearing, please contact Assistant Planner, Tim Schwehr at (626) 574 -5422, or at tschwehr(a)_ci.arcadia.ca.us. Approved by: Jib- Kasama Community Development Administrator Attachments: Resolution 1801 October 27, 2009 Staff Report March 9, 2010 Staff Report CUP 09 -09 Revocation 510 -512 E. Live Oak Ave. April 27, 2010 Page 5 RESOLUTION NO. 1801 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, GRANTING CONDITIONAL USE PERMIT NO. CUP 09 -09 FOR A 960 SQUARE -FOOT EXPANSION TO AN EXISTING 2,040 SQUARE -FOOT RESTAURANT LOCATED AT 510 -512 E. LIVE OAK AVENUE, AND APPROVAL FOR THIS RESTAURANT TO UTILIZE OFF -SITE PARKING AT 610 -618 E. LIVE OAK AVENUE IN LIEU OF THE REQUIRED ON -SITE PARKING FOR THIS EXPANSION. WHEREAS, on May 14, 2009, a Conditional Use Permit application was filed by Michael Hsiao for a 960 square -foot expansion to an existing 2,040 square -foot restaurant; Development Services Department Case No. CUP 09 -09, at property commonly known as 510 -512 E. Live Oak Avenue; and WHEREAS, a public hearing was held by the Planning Commission on October 27, 2009, 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 RESOLVES AS FOLLOWS: SECTION 1. That the factual data provided by the Development Services Department in the staff report dated October 27, 2009 are true and correct. SECTION 2. This Commission finds: 1. That the granting of Conditional Use Permit No. CUP 09 -09 will not be detrimental to the public health or welfare, or injurious to the property or improvements in such zone or vicinity because the proposed project is a minor alteration of an existing facility and is exempt from the California Environmental Quality Act (CEQA) as a Class 3 Categorical Exemption per Section No. 15303 of the CEQA Guidelines. 2. That the use applied for at the location indicated is a proper one for which a Conditional Use Permit is authorized. 3. That the site for the proposed use is adequate in size and shape to accommodate said use. All yards, spaces, walls, fences, loading, landscaping and other features including the shared parking with the other businesses in the same center, are adequate to adjust said use with the land and uses in the neighborhood. The proposed project complies with all related zoning requirements as set forth in the Arcadia Municipal Code. 4. That the site abuts streets and highways adequate in width and pavement type to carry the kind of traffic generated by the proposed use. 5. That the granting of Conditional Use Permit No. CUP 09 -09 will not adversely affect the comprehensive General Plan because the land use and current zoning are consistent with the General Plan. SECTION 3. That for the foregoing reasons this Commission grants Conditional Use Permit No. CUP 09 -09 for a 960 square -foot expansion to an existing 2,040 square -foot restaurant, subject to the following conditions: 1. The hours of operation shall be limited to 11:00 a.m. to 10:30 p.m., Sunday through Thursday, and 11:00 a.m. to 11:30 p.m., Friday and Saturday with use of the 960 square -foot expansion area limited to 5:00 p.m. to 10:30 p.m., Sunday through Thursday, and 5:00 p.m. to 11:30 p.m., Friday and Saturday. 2. There shall be no outdoor seating permitted. 3. There shall be no karaoke permitted, and any karaoke related equipment shall be removed from the premises. 2 1801 4. Live entertainment shall not be permitted, and any live entertainment equipment shall be removed from the premises. 5. The sale of beer and wine is to be incidental to the restaurant use. Sales for off premise consumption or a bar -type use are not allowed. Beer and wine can only be served in conjunction with the serving of meals. 6. The maximum number of seats shall be 82 or the maximum occupancy as determined by Building Services and Fire Prevention, whichever is lower. 7. The use approved by CUP 09 -09 is limited to the restaurant. The restaurant shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 09 -09. 8. A separate sign design review application shall be submitted to the City for approval of all new signs on the premises. All unpermitted signs shall be removed. 9. The bathroom facilities shall be upgraded to meet the Building Official's requirement of 1 urinal, 1 toilet, and 1 lavatory for men, and 2 toilets and 1 lavatory for women. 10. Conditional Use Permit No. CUP 09 -09 includes a Parking Modification to allow 14 on -site parking spaces and the use of 16 off -site parking spaces at 600 -618 E. Live Oak Avenue. Agreements /Covenants with the City of Arcadia as a party thereto in forms approved by the City Attorney for the off -site parking spaces shall be executed, recorded in the Office of the County Recorder, and maintained at all times that the off site parking is required for the use approved by CUP 09 -09. The Agreements /Covenants shall be recorded for both the restaurant property at 510 -512 E. Live Oak Avenue and the property where the supplemental off -site parking is to be 3 1801 maintained; 600 -618 E. Live Oak Avenue. This Parking Modification does not constitute an approval of a general reduction or alteration of the parking requirements for the subject property, but rather only for the restaurant that is herein conditionally approved. Uses other than this restaurant shall be subject to a new Conditional Use Permit and /or Parking Modification. 11. All City requirements regarding disabled access and facilities, occupancy limits, building safety, parking and site design shall be complied with to the satisfaction of the Building Official, Community Development Administrator, Fire Marshal, and Public Works Services Director. 12.AII conditions of approval shall be satisfied within 60 days and prior to use of the expansion area. Noncompliance with the plans, provisions and conditions of approval for CUP 09 -09 shall be grounds for immediate suspension or revocation of any approvals, including the prior Conditional Use Permit, CUP 04 -02, which could result in the closing of the entire restaurant. 13. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officers, employees or agents to attack, set aside, void, or annul any approval or condition of approval of the City of Arcadia concerning this project and /or land use decision, including but not limited to any approval or condition of approval of the City Council, Planning Commission, or City Staff, which action is brought within the time period provided for in Government Code Section 66499.37 or other provision of law applicable to this project or decision. The City shall promptly notify the applicant of any claim, action, or proceeding concerning 4 1801 the project and /or land use decision and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter. 14.Approval of CUP 09 -09 shall not take effect until the property owner(s), and applicants have executed and filed the Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. SECTION 4. The Secretary shall certify to the adoption of this Resolution. Passed, approved and adopted this 24 day of November, 2009. ATTEST: ry a ping Commission APPROVED AS TO FORM: Stephen P. Deitsch City Attorney Chair" anning Commission 5 1801 October 27, 2009 TO: Arcadia Planning Commission STAFF REPORT Development Services Department FROM: Jim Kasama, Community Development Administrator By: Tim Schwehr, Assistant Planner SUBJECT: Conditional Use Permit Application No. CUP 09 -09 for a 960 square -foot expansion to an existing 2,040 square -foot restaurant located at 510 -512 E. Live Oak Avenue. SUMMARY The applicant is seeking a Conditional Use Permit and a parking modification to approve an expansion of an existing 2,040 square -foot restaurant into an adjacent 960 square -foot unit at 510 -512 E. Live Oak Avenue. To address a parking deficiency, the applicant is proposing to lease 16 parking spaces from one or two nearby commercial strip malls. This supplemental off -site parking arrangement was proposed at the September 22, 2009 Planning Commission meeting at which time the applicant was granted a continuance to complete a parking study of the proposed sites, and for staff to issue an expanded public hearing notification. It is staff's opinion that the supplemental off -site parking at either or both locations is a feasible solution, and therefore, is recommending approval of Conditional Use Permit No. CUP 09 -09 subject to the conditions listed in this report. GENERAL INFORMATION APPLICANT: Mr. Michael Hsiao, designer LOCATION: 510 -512 E. Live Oak Avenue between Hempstead Ave. and Lenore Ave. REQUEST: A Conditional Use Permit for a 960 square -foot expansion to an existing 2,040 square -foot restaurant located at 510 -512 E. Live Oak Avenue, with an increase in seating from 68 seats to 82 seats. The hours of operation for the expanded restaurant will be 11:00 a.m. to 10:30 p.m., Sunday through Thursday, and 11:00 a.m. to 11:30 p.m., Friday and Saturday, and the hours for the 960 square -foot expansion area will be further limited to 5:00 p.m. to 10:30 p.m., Sunday through Thursday, and 5:00 pm to 11:30 pm, Friday and Saturday. SITE AREA: 7,497 square feet (0.17 acres) FRONTAGES: 50 feet along East Live Oak Avenue 50 feet along a rear alley EXISTING LAND USE ZONING: The site is improved with 3,000 square -feet of commercial space and a 14 space parking lot. The site is zoned C -2, General Commercial. SURROUNDING LAND USES ZONING: North: 4,832 square -foot retail center zoned C -2 South: Church parking lot zoned R -2 and a single family residence located outside the city limits East: 2,024 square -foot restaurant zoned C -2 (CUP 70 -09) West: 8,890 square -foot retail complex with a restaurant zoned C -2 (CUP 90 -09) GENERAL PLAN DESIGNATION: Commercial PUBLIC HEARING NOTIFICATION Public hearing notices of Conditional Use Permit Application No. CUP 09 -09 were mailed on October 15, 2009 to the property owners, tenants and occupants of those properties that are within 300 feet of the subject property and within 300 feet of the two commercial strip malls that would provide the supplemental parking (see the attached radius map). Because Staff considers the proposed project exempt from the requirements of the California Environmental Quality Act (CEQA) the public hearing notice was not published in the Arcadia Weekly newspaper. BACKGROUND INFORMATION The subject property is developed with a one -story, two -unit commercial building and 14 space parking lot constructed in 1953. To the west is a six -unit commercial strip mall at 500 E. Live Oak Avenue, which includes a mix of small retail stores and a Japanese restaurant. These retail stores and restaurant share on -site front and rear parking lots with a total of 23 spaces. Adjacent to the subject property to the east is a Chinese restaurant at 516 E. Live Oak Avenue that has its own 17 space parking lot to the rear of the building. The subject business, which is currently known as Cafe Fusion, has been operating as a restaurant since before the City required Conditional Use Permits for restaurants. Therefore, there is no initial CUP for the restaurant use. However, on March 8, 2004, the Planning Commission approved Conditional Use Permit No. CUP 04 -02 to allow for on -site serving of beer and wine at the existing restaurant with 68 seats and operating hours of 11:00 a.m. to 11:30 p.m., Sunday through Thursday, and 11:00 a.m. to 1:00 a.m., Friday and Saturday. Resolution No. 1704 for this CUP is attached to this report. On August 11, 2009, the Arcadia Planning Commission considered Conditional Use Permit Application No. CUP 09 -09, to legalize an existing 960 square -foot expansion of the existing 2,040 square -foot restaurant. At this meeting, the applicant proposed to lease 20 parking spaces at 405 Lynrose Street, an industrial property that is approximately 900 feet from the subject restaurant. Because the proposed restaurant expansion is deficient in parking, and the location of the leased parking was too far away, staff recommended CUP 09 -09 510 -512 E. Live Oak Ave. October 27, 2009 Page 2 denial of CUP 09 -09. The applicant; however, requested a continuance to allow time to explore other possible parking solutions. By a 3 -1 vote with 1 Commissioner absent, the Planning Commission granted a continuance of application no. CUP 09 -09 to the September 22, 2009 Planning Commission meeting. The continuance was granted with the following conditions: 1. The illegal restaurant expansion into the adjacent unit at 512 E. Live Oak Avenue shall be closed off and remain unused until further notice, 2. The restaurant shall have no more than 68 seats as specified in CUP 04 -02, and 3. The karaoke machine and all other equipment that could be used for live entertainment shall be removed from the premises. Following the August 11, 2009 meeting, staff inspected the site on multiple occasions and found that the expansion area is not being used, but the entertainment equipment was still in place. On September 22, 2009, the Planning Commission heard the continuance of application no. CUP 09 -09 to legalize the existing 960 square -foot expansion of the existing 2,040 square -foot restaurant. At this meeting, the applicant was proposing to lease 16 parking spaces from a commercial strip mall across the street at 529 -555 E. Live Oak Avenue, or from another nearby commercial strip mall located at 600 -618 E. Live Oak Avenue. In order to allow time for a parking study of both potential lease sites, and for an expanded public hearing notification to all the tenants, property owners, and residents within 300 feet of the subject property and the two potential lease sites, staff recommended a further continuance to the October 27, 2009 Planning Commission meeting. By a 5 -0 vote, the Planning Commission granted this second continuance. CODE VIOLATIONS In September 2008, Code Services received a complaint of noise, loitering and loud music at the subject property. During a site inspection, Code Services discovered microphones, amplifiers, and other equipment for live entertainment or karaoke, and that the restaurant had expanded into the adjacent commercial space. The applicant is currently not permitted to have any live entertainment or karaoke at this business, and is not requesting such as part of this application. It was also discovered that the existing restaurant was displaying unpermitted signs. A notice of violation was issued to the owners of Cafe Fusion for the following violations: Unapproved expansion into the adjacent unit at 512 E. Live Oak Avenue, Live entertainment without a permit, and Display of signs without design review approval or permits from Building Services. On October 31, 2008, Code Services issued a citation to the owner of Cafe Fusion for failure to address the violations. On February 10, 2009, Code Services referred these violations to the City Attorney. In May 2009, the applicant received design review approval for two new signs to replace the unpermitted signs, but these signs have yet to be installed and the illegal signs are still in place. Also in May 2009, the applicant submitted application no. CUP 09 -09. During a site visit to evaluate the CUP application, staff observed that the parking lots for the adjacent commercial properties at 500 E. Live Oak Avenue and 516 E. CUP 09 -09 510 -512 E. Live Oak Ave. October 27, 2009 Page 3 Live Oak Avenue have prominently posted signs stating, "No Cafe Fusion Parking." Photos of some of these signs are attached. PROPOSAL AND ANALYSIS The applicant is requesting approval of the illegal expansion of the existing 68 -seat, 2,040 square -foot restaurant into the adjacent 960 square -foot unit. This 960 square -foot space was previously occupied by a beauty salon. The proposal includes increasing the seating by 14 to a maximum of 82 patrons, and a Parking Modification to allow the use of an additional 16 spaces at a nearby commercial strip mall. The Building Official has reviewed the expanded floor plan and determined that it does not meet the minimum bathroom fixture requirements for a restaurant with a seating capacity of 82 seats. Bathrooms will have to be added or enlarged to meet the requirements of 1 toilet, 1 urinal, and 1 lavatory for men, and 2 toilets and 1 lavatory for women. The applicant is proposing to reduce the restaurant hours from those approved by CUP 04 -02 as follows with the expansion area to only be used after 5:00 p.m.: Parking CUP 04 -02 11:00 a.m. 11:30 p.m., Sun Wed 11:00 a.m. 1:00 a.m., Thur Sat There is a surface parking lot at 510 -512 E. Live Oak Avenue with 14 parking spaces; 13 standard spaces, and 1 handicap space. By Code, the expanded restaurant requires 30 parking spaces (10 spaces per 1,000 gross square -feet) and is therefore deficient 16 spaces. However, the CUP 04 -02 included a Parking Modification for 16 parking spaces in lieu of 25 required (20 spaces for the restaurant and 5 spaces for the beauty salon). The providing of a handicap space and loading area has resulted in the number of parking spaces being reduced to 14. Therefore, the current Parking Modification for the existing restaurant without the expansion is 9 spaces in lieu of 20; a deficiency of 11 spaces. The Parking Modification approved by CUP 04 -02 equates to 9 spaces for 68 seats, a ratio of 1 parking space for every 7.55 seats. Without the additional 16 off -site parking spaces, the on -site Parking Modification requested as part of this application would result in 14 spaces for 82 seats; a ratio of 1 parking space for every 5.86 seats, which would be an improved ratio if parking were required on a per seat basis. There is on- street parking available along this side of Live Oak Avenue; however, it is limited due to the location of a bus stop. The streets running south of Live Oak Avenue; Hempstead Avenue and Lenore Avenue, also allow for on- street parking. However, these streets lead to residential neighborhoods and are not well- suited for commercial parking. Supplemental Parking at 529 -555 E. Live Oak Avenue CUP 09 -09 11:00 a.m. 10:30 p.m., Sun Thur 11:00 a.m. 11:30 p.m., Fri Sat To address the parking deficiency, the applicant has come to terms with the owners of the commercial property across the street at 529 -555 E. Live Oak Avenue, Ms. Susan Tsai CUP 09 -09 510 -512 E. Live Oak Ave. October 27, 2009 Page 4 and Mr. Spencer Tsai, to lease 16 parking spaces. Copies of sample agreements are attached to this report. According to City code, required parking spaces must be located either, on the same lot or site, or within 100 feet of the building or land use that the parking spaces will serve. Because 529 -555 E. Live Oak Avenue is within 100 feet of the subject property, surplus parking spaces at this site can be used for Cafe Fusion. The property at 529 -555 E. Live Oak Avenue currently has 27 parking spaces on -site. The code requirement for that property is 26 parking spaces; 12 spaces for the office uses, 5 spaces for the retail uses, and 9 spaces for a restaurant. A vacant, free standing, former automobile service garage is also on this site. But, since the gas station that accompanied this building was removed, parking is not being ascribed to this structure. Therefore, there is a surplus of 1 parking space at 529 -555 E. Live Oak Avenue. Observations of this commercial center indicate that much of the parking is underutilized, particularly in the evening. The majority of the site is general office with typical business hours, and the two retail uses are a nail salon that closes at 7:00 p.m. on weekdays, and a take -out only eating establishment. In addition, the restaurant (CUP 07 -06) is currently unoccupied. The applicant provided the attached sample parking study for a 2 week period showing the number of available parking spaces at this location. Available parking spaces were counted once per hour from 11 a.m. to 10 p.m. each day. The results show that parking at this location is busiest during weekday business hours (11 a.m. to 5 p.m.) when approximately 50 -75% of the parking is occupied. Starting at 5 p.m. the use of these spaces drops significantly to roughly 25 These numbers indicate that there would be an average surplus of 7 -13 parking spaces from 11:00 a.m. 5:00 p.m. and 20 surplus spaces after 5:00 p.m. and on weekends. Staff conducted its own observations during weekday business hours and verified that not more than 75% of the parking is utilized at this center. But, this is with the restaurant unoccupied. Additionally, a new office building is proposed for this site. In July 2008, Planning Services approved Architectural Design Review No. ADR 08 -06 for a new 2,316 square -foot, two story office building to be adjacent to the existing 1,047 square -foot, free standing, former automobile service garage that is to be converted into general office space. In July 2009, Modification No. MC 09 -24 was approved by the Modification Committee to permit a 5' -0" street -side yard setback along Sixth Avenue in lieu of the 65' -0" Special Setback to allow the new building to align with the existing free standing building. On September 17, 2009, a building permit was issued for this new office building. For these approvals, a new parking lot was designed for 529 -555 E. Live Oak Avenue that will result in 35 parking spaces as shown on the attached site plan. The parking requirement for this site with the approved office building is 35 spaces. Therefore, with the new building, there will be no surplus parking. But, because the new building will be for general office uses, and is adding 8 parking spaces to the site, staff believes that much of the parking will remain underutilized, and therefore the parking study's estimate of 20 surplus parking spaces on- site during evening hours and weekends is not expected to change. Supplemental Parking at 600 -618 E. Live Oak Avenue As an alternative, Cafe Fusion has also entered into discussions with the owners of 600- 618 E. Live Oak Avenue to lease parking spaces at this site, which is approximately 130 feet away to the east across Hempstead Avenue. This would be an additional aspect to CUP 09 -09 510 -512 E. Live Oak Ave. October 27, 2009 Page 5 the parking modification if this property were used for supplemental parking by Cafe Fusion. Sample agreements are attached. 600 -618 E. Live Oak Avenue has 58 parking spaces for 8,540 square -feet of commercial space that currently contains a mix of medical and retail uses, along with one restaurant. The current parking requirement for these uses is 57 spaces as detailed below, which means there is a surplus of 1 space: Address 600 602 606 608 610 612 614 616 618 Totals Parking Requirements Use Restaurant Retail Medical Medical Medical Retail Retail Retail Retail for 600 -618 E. Live Oak Ave. Floor Area 1,175 sq. ft. 1,075 sq. ft. 1,019 sq. ft. 995 sq. ft. 995 sq. ft. 995 sq. ft. 995 sq. ft. 995 sq. ft. 1,291 sq. ft. 8,540 sq. ft. Spaces Required 11.8 5.4 6.1 6.0 6.0 5.0 5.0 5.0 6.5 56.8 The applicant provided the attached sample parking study for a 2 week period showing the number of available parking spaces at this location. Parking spaces were counted once per hour from 11:00 a.m. to 10:00 p.m. each day. The results show that this center is busiest during weekends and on weekday evenings, but only about 50% of the parking is utilized. These numbers indicate that there would be a surplus of approximately 25 parking spaces even during the busiest time at this center. Staff conducted its own observations during weekday business hours and found that most of the parking at this center is not utilized at these times. Noise and Entertainment The complaints to Code Services about the subject business from nearby residents included noise and loud conversations, late night loitering of patrons, and loud music. Cafe Fusion does not have an Entertainment Permit, and therefore is not permitted to have live entertainment at this location. An Entertainment Permit requires a public hearing before the Business Permit and License Review Board, and karaoke requires an approve CUP. Neither live entertainment, nor karaoke is being requested as part of this CUP application. Economic Development The City's Economic Development Manager has reviewed this application, and states that from an Economic Development perspective, an approval of the Cafe Fusion expansion would be a positive sign for commercial businesses and property owners during these difficult economic times, and would be especially good for the East Live Oak Avenue business district, which has not had the success of other commercial areas of the City. The expansion of Cafe Fusion underscores the most positive aspects of private business CUP 09 -09 510 -512 E. Live Oak Ave. October 27, 2009 Page 6 and private investment, and their growth, and additional investment by the business owner should be encouraged. Public Comments In response to the initial public hearing notice mailed on July 30, 2009 staff received a telephone call from Mr. Gerry Wilson, who resides at 5700 Lenore Avenue and is a Senior Pastor at Arcadia Friends Church at 5705 Lenore Avenue. Mr. Wilson expressed his opposition to the requested restaurant expansion. He stated that he and other neighbors are fed up with the parking problems and late -night drinking. Patrons use the church parking lot and residential areas to park, and he believes that the restaurant is operating beyond 1:00 a.m. on weekends because he has been woken up at 2:00 a.m. on multiple occasions. He also believes they are serving alcoholic beverages other than just beer and wine. Mr. Wilson also sent an email to staff stating his opposition to CUP 09 -09, which is attached to this report. In response to the recent public hearing notice mailed on October 15, 2009, Mr. Gerry Wilson contacted Staff and expressed his continued concern about the restaurant expansion. Mr. Wilson did comment that if the expansion is approved, he is in favor of the proposal to lease off street parking and reduce the restaurant hours as a way of addressing his concerns. Conclusion Based on the supplemental information showing that parking is available at either potential lease site, staff is recommending approval of Conditional Use Permit No. CUP 09 -09, subject to the conditions listed in this report, including Parking Modifications to allow the leasing and use of 16 off-site parking spaces located at 529 -555 E. Live Oak Avenue; 600- 618 E. Live Oak Avenue; or another location within 130 feet of the subject property. A denial of Conditional Use Permit Application No. CUP 09 -09 would allow Cafe Fusion to continue operating as a 68 -seat, 2,040 square -foot restaurant, with a parking deficiency of 11 spaces, on -site beer and wine service, and the late operating hours approved by CUP 04 -02, but without live entertainment and /or karaoke. This proposal, by eliminating the late operating hours could make this restaurant more compatible with the nearby residences. CODE REQUIREMENTS All City requirements regarding disabled access and facilities, occupancy limits, building safety, parking and site design, and adjacent rights -of -way improvements are required to be complied with to the satisfaction of the Building Official, City Engineer, Community Development Administrator, Fire Marshal, and Public Works Services Director. CEQA Proposed projects that are not approved, are by virtue of being denied, exempt from any further environmental assessment. If approved, however, and if it is determined that no significant physical alterations to the property are necessary, then this project is categorically exempt from further environmental review pursuant to the provisions of the CUP 09 -09 510 -512 E. Live Oak Ave. October 27, 2009 Page 7 California Environmental Quality Act (CEQA) as a Class 3 Categorical Exemption per Section 15303(c) of the CEQA Guidelines as a conversion of a small structure under 10,000 square feet in floor area. A Preliminary Exemption Assessment is attached to this staff report. FINDINGS Section 9275.1.2 of the Arcadia Municipal Code requires that for a Conditional Use Permit to be granted, it must be found that all of the following prerequisite conditions can be satisfied: 1. That the granting of such Conditional Use Permit will not be detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity. 2. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized. 3. That the site for the proposed use is adequate in size and shape to accommodate said use, and all yards, spaces, walls, fences, parking, loading, landscaping, and other features required to adjust said use with the land and uses in the neighborhood. 4. That the site abuts streets and highways adequate in width and pavement type to carry the kind of traffic generated by the proposed use. 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. It is staffs opinion that the proposed restaurant expansion could satisfy all of the prerequisite conditions. RECOMMENDATION The Development Services Department recommends approval of Conditional Use Permit Application No. CUP 09 -09, subject to the following conditions: 1. The hours of operation shall be limited to 11:00 a.m. to 10:30 p.m., Sunday through Thursday, and 11:00 a.m. to 11:30 p.m., Friday and Saturday with use of the 960 square -foot expansion area limited to 5:00 p.m. to 10:30 pm, Sunday through Thursday, and 5:00 p.m. to 11:30 p.m., Friday and Saturday. 2. There shall be no outdoor seating permitted. 3. There shall be no karaoke permitted. 4. Live entertainment shall not be permitted unless a separate Entertainment Permit is obtained. 5. The sale of beer and wine is to be incidental to the restaurant use. Sales for off premise consumption or a bar -type use is not allowed. Beer and wine can only be served in conjunction with the serving of meals. CUP 09 -09 510 -512 E. Live Oak Ave. October 27, 2009 Page 8 6. The maximum number of seats shall be the lesser of 82 or the maximum occupancy as determined by the Building Official and Fire Marshal. 7. The use approved by CUP 09 -09 is limited to the restaurant. The restaurant shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 09 -09. 8. A separate sign design review application shall be submitted for all new signs on the premises. All unpermitted signs shall be removed. 9. The bathroom facilities shall be upgraded to the satisfaction of the Building Official to meet the Building and /or Plumbing Code requirement of 1 urinal, 1 toilet, and 1 lavatory for men, and 2 toilets and 1 lavatory for women. 10. CUP 09 -09 includes a Parking Modification to allow 14 on -site parking spaces and the use of 16 off -site parking spaces at locations deemed suitable by the Development Services Director or designee and located within 130 feet of the subject property. Agreements /covenants with the City of Arcadia as a party thereto in forms approved by the City Attorney for the off -site parking spaces shall be executed and maintained at all times that the off -site parking is required for the use approved by CUP 09 -09. This Parking Modification does not constitute an approval of a general reduction or alteration of the parking requirements for the subject property, but rather only for the restaurant that is herein conditionally approved. Uses other than this restaurant shall be subject to a new Conditional Use Permit and /or Parking Modification. 11. All City requirements regarding disabled access and facilities, occupancy limits, building safety, parking and site design shall be complied with to the satisfaction of the Building Official, City Engineer, Community Development Administrator, Fire Marshal, and Public Works Services Director. 12. All conditions of approval shall be satisfied within 60 days. Noncompliance with the plans, provisions and conditions of approval for CUP 09 -09 shall be grounds for immediate suspension or revocation of any approvals, including the prior Conditional Use Permit, CUP 04 -02, which could result in the closing of the entire restaurant. 13. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officers, employees or agents to attack, set aside, void, or annul any approval or condition of approval of the City of Arcadia concerning this project and /or land use decision, including but not limited to any approval or condition of approval of the City Council, Planning Commission, or City Staff, which action is brought within the time period provided for in Government Code Section 66499.37 or other provision of law applicable to this project or decision. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and /or land use decision and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter. CUP 09 -09 510 -512 E. Live Oak Ave. October 27, 2009 Page 9 14. Approval of CUP 09 -09 shall not take effect until the property owner(s), and applicants have executed and filed the Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. PLANNING COMMISSION ACTION Approval If the Planning Commission intends to approve this application, the Commission should move to approve Conditional Use Permit Application No. CUP 09 -09; state the supporting findings and environmental determination, and direct staff to prepare a resolution incorporating the Commission's decision, specific determinations and findings, and the conditions of approval for adoption at the next meeting. Denial If the Planning Commission intends to deny this application, the Commission should move to deny Conditional Use Permit Application No. CUP 09 -09; state the finding(s) that the proposal does not satisfy with reasons based on the record, and direct staff to prepare a resolution incorporating the Commission's decision and specific findings for adoption at the next meeting. If any Planning Commissioner, or other interested party has any questions or comments regarding this matter prior to the October 27, 2009 public hearing, please contact Assistant Planner, Tim Schwehr at (626) 574 -5422, or by email at tschwehr @ci.arcadia.ca.us. Approved by: J' asama ommunity Development Administrator Attachments: Aerial Photo Vicinity Map 300 -foot radius map Resolution No. 1704 for CUP 04 -02 Photos of "No Cafe Fusion Parking" signs Site Plan Floor Plan Photos of subject site and surrounding uses Sample agreements for 529 E. Live Oak Ave. Parking Study for 529 E. Live Oak Ave. Sample agreements for 600 -618 E. Live Oak Ave. Parking Study for 600 E. Live Oak Ave. Email of opposition Preliminary Exemption Assessment CUP 09 -09 510 -512 E. Live Oak Ave. October 27, 2009 Page 10 510 -512 E Live Oak Ave Arcadia Zone 600 -618 E Live Oak Ave Development Services Department Engineering Division Prepared by. R.S.Gonzalez, October 2009 510 -512 E Live Oak Avenue CUP 09 -09 =_J Development Services Department Engineering Division Prepared by: R.S.Gonzatez, October 2009 510.512 E Live Oak Avenue CUP 09 -09 Ore SUE MORENO (626) 350 -5944 OWNERSHIP 1 OCCUPANTS UST RADIUS MAPS LAND USE PLANS MUNICIPAL COMPLIANCE CONSULTING 2106 LAMBERT AVE.EL MONTE, CA 91732 FAX(826)350 -1532 PROJECT INFORMATIC.4 510, 529 -555, 600 -618 E. LIVE OAK, AVE. ARCADIA, CA. 09 -208 SCALE 1" 200' RESOLUTION NO. 1704 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2004 -002 FOR THE SALE OF BEER AND WINE IN AN EXISTING 2,000 SQ.FT. RESTAURANT (D.B.A. CAFE FUSION) WITH 68 SEATS AND OPERATION HOURS OF 11:00 A.M. TO 11:30 P.M., SUNDAY THROUGH THURSDAY, AND 11:00 A.M. TO 1:00 A.M., FRIDAY AND SATURDAY, AT 510 E. LIVE OAK AVENUE. WHEREAS, on March 8, 2004, a conditional use permit application was filed by C. C. Chang, agent of Cafe Fusion, for the sale of beer and wine in an existing 2,000 sq.ft. Restaurant (d.b.a. Cafe Fusion) with 68 seats and operation hours 11:00 a.m. to 11:30 p.m., Sunday through Thursday, and 11:00 a.m. to 1:00 a.m., Friday and Saturday (Development Services Department Case No. CUP 2004 -002) at property commonly known as 510 E. Live Oak Avenue; and WHEREAS, a public hearing was held on April 27, 2004, 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.RESOLVES AS.FOLLOWS: SECTION 1. That the factual data submitted by the Development Services Department in the attached report is true and correct. SECTION 2. This Commission finds: 1. That the granting of such Conditional Use Permit will not be detrimental to the public health or welfare, or injurious to the property or improvements in such zone or vicinity because the initial study did not disclose any substantial adverse effects to the area affected by the proposed project. 2. That the use applied for at the location indicated is a proper one for which a Conditional Use Permit is authorized. 3. That the site for the proposed use Is adequate in size and shape to accommodate said use. All yards, spaces, walls, fences, loading, landscaping and other features including the shared parking with the neighboring business, are adequate to adjust said use with the land and uses in the neighborhood. The proposed project complies with all related zoning requirements as set forth in the Arcadia Municipal Code. 4. That the site abuts streets and highways adequate in width and pavement all type to carry the kind of traffic generated by the proposed use. 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan because the land use and current zoning are consistent with the General Plan. 6. That the use applied for will not have a substantial adverse impact on the environment, and that based upon the record as a whole there is no evidence that the proposed project will have any potential for an adverse effect on wildlife resources or the habitat upon which the wildlife depends. SECTION 3. That for the foregoing reasons this commission grants Conditional Use Permit no. CUP 2004 -002 for the sale of beer and wine in an existing 2,000 sq.ft. restaurant (d.b.a. Cafe Fusion) with 68 seats and operation hours of 11:00 a.m. to 11:30 p.m., Sunday through Thursday, and 11:00 a.m. to 1:00 a.m., Friday and Saturday at 510 E. Live Oak Avenue, upon the following conditions: 1. The hours of operation shall be limited to 11:00 a.m. to 11:30 p.m., Sunday through Thursday, and 11:00 a.m. to 1:00 a.m., Friday and Saturday. 2. There shall be no outdoor seating permitted. 3. The sale of beer and wine is incidental to the restaurant use only and is not intended for off premise consumption or a bar use. 4. The maximum number of seats shall be 68 or the maximum occupancy as determined by Building Services, whichever is lower. 5. The use approved by CUP 2004 -002 is limited to the restaurant. The restaurant shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 2004 -002. 6. A separate sign design review application shall be submitted for all new signs on the premises. 7. Any exterior alteration to the building requires the filing and approval of a design review application. 8. All conditions of approval shall be complied with prior to opening the restaurant. Noncompliance with the plans, provisions and conditions of approval for CUP 2004-002 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the restaurant. 9. Approval of CUP 2004-002 shall not take effect until the property owner(s), and applicants have executed and filed the Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. 2 1704 10. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officers, employees or agents to attack, set aside, void, or annul any approval or condition of approval of the City of Arcadia concerning this project and /or land use decision, including but not limited to any approval or condition of approval of the City Council, Planning Commission, or City Staff, which action is brought within the time period provided for in Government Code Section 66499.37 or other provision of law applicable to this project or decision. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and /or land use decision and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attomey to represent the City, its officers, employees, and agents in the defense of the matter. SECTION 4. The decision, findings and conditions contained in this Resolution reflect the Commission's action of April 27, 2004, by the following votes: AYES: Commissioners Hsu, Lucas, Wen, Olson, Baderian NOES: none SECTION 5. The Secretary shall certify to the adoption of this Resolution and shall cause a copy to be forwarded to the City Council of the City of Arcadia. I HEREBY CERTIFY that the forgoing Resolution was adopted at a regular meeting of the Planning Commission held on the 27 day of April, 2004, by the following votes: AYES: Commissioners Hsu, Lucas, Wen, Olson, Baderian NOES: none ecretary, anni mission City of Arcadia APPROVED AS TO FORM: Stephen P. Deitsch, City Attorney 3 Chairman, Planning Commission City of Arcadia 1704 "Zla'_z=ZxtxLzISPX 7.r.r t tpi7 1 1 1 O LO VO 'V1OVOHV JAV MVO 3M '3 01.9 NOIS(IH MVO NOLLVOfiddV d33 VIVO 1.. w d NVId 3115 t !1 t i 1 1 1 1 1 1 6 1 1 1 6 1 1 1 1 1 6 1 1 1 1 1 a 6 1 1 1 6 1 1 1 6 1 6 1 1 1 z 1 0016 V9 'VIav»av 3AV MVO 3M '3 019 NOISni 33VJ NOLLVJIlddV dna NVId a001A 1 1 1 4 8 .M oNi .ra c> 1� T ,,.=.7.1. c f F a 1 E,_ r k to T ir�:r,. t i c'.t Ti f p �i 1 :1 F u m 173E3-icx [11; II. a LLa F I r r o a r --Y y,' T y r. n i a I� F— l r LL- n i t C:71 c '-s-",--t. (1 t y'r.� II 0016 V9 'VIav»av 3AV MVO 3M '3 019 NOISni 33VJ NOLLVJIlddV dna NVId a001A 1 1 1 4 8 .M oNi .ra LLt 0 PARKING SPACES LEASE AGREEMENT Susan Tsai, Spencer Tsai (Leaser) and Cafe Fusion (Lessee) agree as follow: 1. PROPERTY: Leaser rents to Lessee and Lessee rents from Leaser, the real property and improvements described as: 16 regular parking spaces located at 529 E. Live Oak Ave., Arcadia, CA 91006 2. TERM: The term begins on September 1, 2009 (Commencement Date): Month to Month and continues as month to month tenancy. Lessee may terminate the tenancy by giving written notice at least 30 days prior to the intended termination date. Leaser may terminate the tenancy by giving written notice as provided by law. Such notices may be given on any date. 3. RENT: Rent shall mean all monetary obligations of Lessee to Leaser under the terms of the Agreement, except security deposit. A. Lessee agrees to pay $200 per month for the term of the Agreement. B. Rent is payable in advance on the 5th day of each calendar month, and is delinquent on the next day. C. PAYMENT: Rent shall be paid by cash or check, to Susan Tsai, Spencer Tsai 529 E. Live Oak Ave., Arcadia, CA 91006 If any payment is returned for non sufficient funds or other reason then all future Rent shall be paid by cash. 4. SECURITY DEPOSIT: A. Lessee agrees to pay $200 as a security deposit. Security deposit will be transferred to and held by the Owner of the Premises. B. Security deposit shall not be used by Lessee in lieu of payment of last month's rent. All or any portion of the security deposit may be used as reasonably necessary. If all or any portion of the security deposit is used during the tenancy, Lessee agrees to reinstate the total security deposit within five days after written notice is delivered to Lessee. C. No interest will be paid on security deposit. 5. LATE CHARGE; RETURNED CHECKS: Lessee acknowledges either late payment of Rent or issuance of a returned check may cause Leaser to incur costs and expenses, the exact amounts of which are extremely difficult and impractical to determine. If any installment of Rent due from Lessee is not received by Leaser within 5 calendar days after the date due, or if a check is returned, Lessee shall pay to Leaser $50.00 as Late Charge and $20.00 as a NSF fee for the first returned check and $30.00 as a NSF fee for each additional retttrned check, either or both of which shall be deemed additional Rent. 6. MAINTENANCE: A. Lessee shall properly use, operate and safeguard Premises, including if applicable, any landscaping and all mechanic 1, electrical, gas and plumbing fixtures, and keep them and the Premises clean and sanitary. Lessee shall immediately notify Leaser, in writing, of any problem, malfunction or damage. Lessee shall be charged for all repairs or replacements caused by Lessee. Lessee shall be charged for all damage to Premises as a result of failure to report a problem in a timely manner. B. Lessee's failure to maintai any item for which Lessee is responsible shall give Leaser the right to hire someone to perfo such maintenance and charge Lessee to cover the cost of such maintenance. 7. RULES AND REGULATIO Lessee agrees to comply with Premises or delivered to Less Lessee shall not, disturb, ann neighbors, or use the Premise manufacturing, selling, storin or ordinance, or commit a w 8. ALTERATIONS AND REP Without Leaser's prior writte impr vements in or about the 9. OT R TERMS AND CO Leaser will not responsible vehi les. Lessee Su Mei Wang, Cafe Fusion easer Susan Tsai, Spencer Tsai S: 11 Leaser rules and regulations that are at any time posted on the e. Lessee shall not, and shall ensure that guests and licensees of y, endanger or interfere with other tenants of the building or for any unlawful purposes, including, but not limited to, using, or transporting illicit drugs or other contraband, or violate any law to or nuisance on or about the Premises. IRS: consent, Lessee shall not make any repairs, alterations or remises. ITIONS: r the damages or personal properties loss of the parked Ci Date 08/25/2009 Date 1 0 08 25/2009 1 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Attorney City of Arcadia P. O. Box 60021 Arcadia, CA 91066 -6021 COVENANT AND AGREEMENT REGARDING OFF STREET PARKING AND COMPLY WITH CITY OF ARCADIA PARKING REQUIREMENTS This Covenant and Agreement is provided pursuant to Arcadia Municipal Code Section 9269.5 off street parking requirements and 9269.6 parking location. In order to assure that the use at 529 -555 E. Live Oak Avenue as specifically described below meets City of Arcadia parking requirements. This Covenant and Agreement is also made with reference to a Lease Agreement which is attached as Exhibit "A" and incorporated as part of this Covenant. FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which is hereby acknowledged, SU MEI WANG (LEASEE) AND SUSAN TSAI AND SPENSER TSAI (LEASER) Hereinafter referred to collectively as "Covenantor" hereby declares to be the Lessee and Leasers of that certain real property located at 529 -555 E. Live Oak Avenue, in the City of Arcadia, County of Los Angeles, State of California, legally described as follow: Tract No. 11382 Lot 6 All of which is hereinafter referred to collectively as the "Affected Land" and incorporated as part of this Covenant and Agreement. Covenantor hereby agrees and covenants with the City of Arcadia, a Municipal Corporation (hereinafter referred to as the "Covenantee on behalf of and for the benefit of the Covenantee's land, which is the public street and right -of -way adjacent and contiguous to the Affected Land, and on behalf of and for the benefit of the "Benefitted Land" which consists of and includes all the public and private land located within 500 feet of the Affected Land as follow: 1. In consideration of the City's grant of a Conditional Use Permit for the purpose of conducting a restaurant business use on the premise at 510 -512 E. Live Oak Avenue and to provide adequate parking consistent with standards in the City Zoning Ordinances sections 9269.5 and 9269.6 for said business, Covenantor hereby covenants and agrees that the restaurant business use at 510 -512 E. Live Oak Avenue shall cease and terminate if, at any time, the current parking requirements of the City are not satisfied. This shall include any action pursuant to the Lease referred to herein (Exhibit "A that causes parking provided by said Lease to diminish or be terminated so as to result in inadequate parking pursuant to City Code requirements for the business at 510 -512 E. Live Oak Avenue. 2 2. This Covenant and Agreement is for the benefit of the Covenantee and its heirs, successors and assigns and is for the benefit of and shall inure to the benefit of all the Benefitted Land and the heirs, successors and assigns of the owners of the Benefitted Land, and this Covenant and Agreement shall run with the land and shall be binding upon the heirs, successors and assigns of the Covenantor. 3. The City of Arcadia in its capacity as Covenantee and in its capacity as the legal representative of the residents of the City of Arcadia and more particularly as the legal representative of all the owners of the Benefitted Land is hereby authorized to enforce the provisions of this Covenant and Agreement. 4. This Covenant is also for the benefit of the restaurant business at 510 -512 E. Live Oak Avenue as specifically described above by allowing the use at the facility to meet City Zoning requirements. Violation of this Covenant shall be proof that such zoning violations are not being complied with and the restaurant use at such premises shall not be a permitted use pending compliance with the parking requirements of the City of Arcadia. 5. If any section, subsection, sentence, clause, phrase or portion of this Covenant and Agreement is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decisions shall not affect the validity of the remaining portions of this Covenant and Agreement. IN WITNESS WHEREOF, Covenantor has executed this instrument on the date shown opposite its signature. "COVENANTOR" Su Mei Wang Date "COVENANTOR" Susan Tsai and Spencer Tsai Date "COVENANTEE" "CITY OF ARCADIA" a Municipal Corporation City Manager Date APPROVED AS TO FORM: City Attorney Date 11EL 1 17 b I. ZI L�I i o, tT M en TILL TI 01 00 00 01 01 P`- VP M M L oit ZT Z1 I1 01 ZI C 00 00 00 C- vO N11S d o vO d' d' d' d d d IVS 04 vD •T C" Q' V on 141 tr1 col C'1 cii L "J 0 tip �t7 Vl to Cr Q ZH.L L[ SI t ZI Q3MM tt II 0I lA Q' LILL ZI 01 Z Z Z1 NOW 9I F SI I1 9I II 00 00 \p v1 M M NfIS 1p v" 1p 10 1p V1 ►e9 ,LYS 7 in II IT I1 r-- C— �p L H xi 8T ST ZT SI LT 01 00 DO I-- c4.: M r w dr (f I rudl I wdZ I wdE wdp I cods I ucdJ wd8 1 urd6 I tud01 0 0 T •d BS1�9l.irf�9 ad CA.LI FORNIA 4`■' ASSOCIATION Ny OF REALTORS Date (For reference only): september 21, 2009 COMMERCIAL LEASE AGREEMENT (C.A.R. Form CL, Revised 10/01) FAITHKAY,LLC "Landlord and car* FUSION ('Tenant agree as follows: 1. PROPERTY: Landlord rents to Tenant and Tenant rents from Landlord, the real property and improvements described as: 600 E. LIVE OAK AVE. ARCADIA, CA 91006 (PARKING LOT) "Premises which comprise approximately of the total square footage of rentable space in the entire property. See exhibit for a further description of the Premises. 2. TERM: The term begins on (date) October 1, 2009 "Commencement Date (Check A or B): A. Lease: and shall terminate on (date) at AM PM. Any holding over after the term of this agreement expires, with Landlord's consent, shall create a month -to -month tenancy that either party may terminate as specified in paragraph 2B. Rent shall be at a rate equal to the rent for the immediately preceding month, payable in advance. All other terms and conditions of this agreement shall remain in full force and effect. B. Month -to- month: and continues as a month-tomonth tenancy. Either party may terminate the tenancy by giving written notice to the other at least 30 days prior to the intended termination date, subject to any applicable laws. Such notice may be given on any date. C. RENEWAL OR EXTENSION TERMS: See attached addendum 3. BASE RENT: A. Tenant agrees to pay Base Rent at the rate of (CHECK ONE ONLY:) (1) 200.00 per month, for the term of the agreement. (2) per month, for the first 12 months of the agreement. Commencing with the 13th month, and upon expiration of each 12 months thereafter, rent shall be adjusted according to any increase in the U.S. Consumer Price Index of the Bureau of Labor Statistics of the Department of Labor for All Urban Consumers "CPI for (the city nearest the location of the Premises), based on the following formula: Base Rent will be multiplied by the most current CPI preceding the first calendar month during which the adjustment is to take effect, and divided by the most recent CPI preceding the Commencement Date. In no event shall any adjusted Base Rent be less than the Base Rent for the month immediately preceding the adjustment. If the CPI is no longer published, then the adjustment to Base Rent shall be based on an alternate index that most closely reflects the CPI. (3) per month for the period commencing and ending and per month for the period commencing and ending and per month for the period commencing and ending (4) In accordance with the attached rent schedule. (5) Other: B. Base Rent is payable in advance on the 1st (or day of each calendar month, and is delinquent on the next day. C. If the Commencement Date falls on any day other than the first day of the month, Base Rent for the first calendar month shall be prorated based on a 30-day period. If Tenant has paid one full month's Base Rent in advance of Commencement Date, Base Rent for the second calendar month shall be prorated based on a 30 -day period. 4. RENT: A. Definition: "Rent shall mean all monetary obligations of Tenant to Landlord under the terms of this agreement, except security deposit. B. Payment: Rent shall be paid to (Name) at (address) or at any other location specified by Landlord in writing to Tenant. C. Timing: Base Rent shall be paid as specified in paragraph 3. All other Rent shall be paid within 30 days after Tenant is billed by Landlord. 5. EARLY POSSESSION: Tenant is entitled to possession of the Premises on If Tenant is in possession prior to the Commencement Date, during this time (i) Tenant is not obligated to pay Base Rent, and (ii) Tenant is is not obligated to pay Rent other than Base Renti Whether or not Tenant is obligated to pay Rent prior to Commencement Date, Tenant is obligated to comply with all other terms of this agreement. 6. SECURITY DEPOSIT: A. Tenant agrees to pay Landlord as a security deposit. Tenant agrees not to hold Broker responsible for its return. (IF CHECKED:) If Base Rent increases during the term of this agreement, Tenant agrees to increase security deposit by the same proportion as the increase in Base Rent. B. All or any portion of the security deposit may be used, as reasonably necessary, to: (I) cure Tenants default in payment of Rent, late charges, non sufficient funds "NSF fees, or other sums due; (II) repair damage, excluding ordinary wear and tear, caused by Tenant or by a guest or licensee of Tenant; (ID) broom clean the Premises if necessary, upon termination of tenancy; and (Iv) cover any other unfulfilled obligation of Tenant. SECURITY DEPOSIT SHALL NOT BE USED BY TENANT IN LIEU OF PAYMENT OF LAST MONTH'S RENT. If all or any portion of the security deposit is used during tenancy, Tenant arees to reinstate the total security deposit within 5 days after written notice is delivered to Tenant. Within 30 days after Landlord receives pos ession of the Premises, Landlord shall: (1) furnish Tenant an itemized statement indicating the amount of any security deposit received and the basis for its disposition, and (it) return any remaining portion of security deposit to Tenant. However, if the Landlord's only claim upon the security deposit is for unpaid Rent, then the remaining portion of the security deposit, after deduction of unpaid Rent, shall be returned within 14 days after the Landlord receives possession. C. No interest will be paid on security deposit, unless required by local ordinance. The copyright laws of the United States (Title 17 U.S.; Code) forbid the unauthorized reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. Copyright 1998 -2009, CALIFORNIA ASSOCIATION OF REALTORS®, INC. ALL RIGHTS RESERVED. CL REVISED 10/01 (PAGE 1 of 6) Landlord's Initials Tenant's Initials (Ate COMMERCIAL LEASE AGREEMENT (CL PAGE 1 OF 6) Reviewed by Date tbUM NOUANG OPPORTUNITY Agent: Jim Lek Phone: (46) 285 8333 Fax: (626) 236 9200 Broker: Ko Tai Realty 802 E Mission Rd, San!Gabriei CA 91776 Prepared using WINForms® software 600 E. LIVE OAK AVE. 1 ADIA, CA 91006 (PARKING LOT) Premises: Date September 21, 2009 7. PAYMENTS: TO SAL DUE PAYMENT RECEIVED BALANCE DUE DUE DATE A. Rent: From 10/01/2009 To 200.00 200.00 10/01/09 Date Date B. Security Deposit C. Other: Category D. Other: Category E. Total: 200.00 200.00 8. PARKING: Tenant is entitled to 16 unreserved and reserved vehicle parking spaces. The right to parking is is not included in the Base Rent charged pursuant to paragraph 3. If not included in the Base Rent, the parking rental fee shall be an additional per month, Parking space(s) are to be used for parking operable motor vehicles, except for trailers, boats, campers, buses or trucks (other than pick -up trucks). Tenant shall park in assigned space(s) only. Parking space(s) are to be kept clean. Vehicles leaking oil, gas or other motor vehicle fluids shall not be parked in parking spaces or on the Premises. Mechanical work or storage of inoperable vehicles is not allowed in parking space(s) or elsewhere the Premises. No overnight parking is permitted. 9. ADDITIONAL STORAGE: Storage is permitted as follows: The right to additional storage space is is not included in the Base Rent charged pursuant to paragraph 3. If not included in Base Rent, storage space shall be an additional per month. Tenant shall store only personal property that Tenant owns, and shall not store property that is claimed by another, or in which another has any right, title, or interest. Tenant shall not store any improperly packaged food or perishable goods, flammable materials, explosives, or other dangerous or hazardous material. Tenant shall pay for, and be responsible for, the clean -up of any contamination caused by Tenant's use of the storage area. 10. LATE CHARGE; INTEREST; NSF CHECKS: Tenant acknowledges that either late payment of Rent or issuance of a NSF check may cause Landlord to incur costs and expenses, the exact amount of which are extremely difficult and impractical to determine. These costs may include, but are not limited to, processing, enforcement and accounting expenses, and late charges imposed on Landlord. If any installment of Rent due from Tenant is not received by Landlord within 5 calendar days after date due, or if a check is returned NSF, Tenant shall pay to Landlord, respectively, 20.00 as late charge, plus 10% interest per annum on the delinquent amount and $25.00 as a NSF fee, any of which shall be deemed additional Rent. Landlord and Tenant agree that these charges represent a fair and reasonable estimate of the costs Landlord may incur by reason of Tenants late or NSF payment. Any late charge, delinquent interest, or NSF fee due shall be paid with the current installment of Rent. Landlord's acceptance of any late charge or NSF fee shall not constitute a waiver as to any default of Tenant. Landlord's right to collect a Late Charge or NSF fee shall not be deemed an extension of the date Rent is due under paragraph 4, or prevent Landlord from exercising any other rights and remedies under this agreement, and as provided by law, 11. CONDITION OF PREMISES: Tenant has examined the Premises and acknowledges that Premise is clean and in operative condition, with the following exceptions: Items listed as exceptions shall be dealt with in the following manner: 12. ZONING AND LAND USE: Tenant accepts the Premises subject to all local, state and federal laws, regulations and ordinances "Laws Landlord makes no representation or warranty that Premises are now or in the future will be suitable for Tenant's use. Tenant has made its own investigation regarding all applicable Laws. 13. TENANT OPERATING EXPENSES: Tenant agrees to pay for all utilities and services directly billed to Tenant 14. PROPERTY OPERATING EXPENSES: A. Tenant agrees to pay its proportionate share of Landlord's estimated monthly property operating expenses, including but not limited to, common area maintenance, consolidated utility and service bails, insurance, and real estate taxes, based on the ratio of the square footage of the Premises to the total square footage of the rentable space in the entire property. OR B. (If checked) Paragraph 14 does not apply. 16. USE: The Premises are for the sole use as No other use is permitted without Landlord's prior written consent. If any use by Tenant causes an increase in the premium on Landlord's existing property insurance, Tenant shall pay for the increased cost. Tenant will comply with all Laws affecting its use of the Premises. 16. RULES /REGULATIONS: Tenant agrees to comply with all rules and regulations of Landlord (and, if applicable, Owner's Association) that are at any time posted on the Premises or delivered to Tenant. Tenant shall not, and shall ensure that guests and licensees of Tenant do not, disturb, annoy, endanger, or interfere with other tenants of the building or neighbors, or use the Premises for any unlawful purposes, including, but not limited to, using, manufacturing, selling, storing, or transporting illicit drugs or other contraband, or violate any law or ordinance, or committing a waste or nuisance on or about the Premises. 17. MAINTENANCE: A. Tenant OR (If checked, Landlord) shall professionally maintain the Premises including heating, air conditioning, electrical, plumbing and water systems, if any, and keep glass, windows and doors in operable and safe condition. Unless Landlord is checked, if Tenant fails to maintain the Premises, Landlord may contract for or perform Such maintenance, and charge Tenant for Landlord's cost. B. Landlord OR❑ (If checked, Tenant) shall maintain the roof, foundation, exterior walls, common areas and Landlord's Initials t%` Tenant's Initials 7 Copyright 1998-2009, CALIFORNIA ASSOCIATION OF REALTORS INC. CL REVISED 10/01 (PAGE 2 of 6) COMMERCIAL LEASE AGREEMENT (CL PAGE 2 OF 6) Reviewed by Date FUSION SOUL HOUSING OPPORTUNITY 600 E. LIVE OAK AVE. 'ADIA; CA 91006 (PARKING LOT) Premises: 18. ALTERATIONS: Tenant shall not make any alterations in or about the Premises, including installation of trade fixtures and signs, without Landlord's prior written consent, which shall not be unreasonablyl withheld. Any alterations to the Premises shall be done according to Law and with required permits. Tenant shall give Landlord advance notice of the commencement date of any planned alteration, so that Landlord, at its option, may post a Notice of Non Responsibility to prevent potential lien against Landlord's interest in the Premises. Landlord may also require Tenant to provide Landlord with lien releases from any contractor performing work on the Premises. 19. GOVERNMENT IMPOSED ALTERATIONS: Any alterations required by Law as a result of Tenant's use shall be Tenant's responsibility. Landlord shall be responsible for any other alterations required by Law. 20. ENTRY: Tenant shall make Premises available to Landlord or Landlord's agent for the purpose of entering to make inspections, necessary or agreed repairs, alterations, or improvements, or to supply necessary or agreed services, or to show Premises to prospective or actual purchasers, tenants, mortgagees, lenders, appraisers, or contractors. Landlord and Tenant agree that 24 hours notice (oral or written) shall be reasonable and sufficient notice. In an emergency, Landlord or Landlord's representative may enter Premises at any time without prior notice. 21. SIGNS: Tenant authorizes Landlord to place a FOR SALE sign on the Premises at any time, and a FOR LEASE sign on the Premises within the 90 (or 0 day period preceding the temiination of the agreement. 22. SUBLETTING /ASSIGNMENT: Tenant shall not sublet Or encumber all or any part of Premises, or assign or transfer this agreement or any interest in it, without the prior written consent of Landlord, which shall not be unreasonably withheld. Unless such consent is obtained, any subletting, assignment, transfer, or encumbrance of the Premises, agreement, or tenancy, by voluntary act of Tenant, operation of law, or otherwise, shall be null and void, and, at the option of Landlord, terminate this agreement. Any proposed sublessee, assignee, or transferee shall submit to Landlord an application and credit information for Landlord's approd and, if approved, sign a separate written agreement with Landlord and Tenant. Landlord's consent to any one sublease, assignment, or transfer, shall not be construed as consent to any subsequent sublease, assignment, or transfer, and does not release Tenant of Tenant's obligation under this agreement. 23. POSSESSION: If Landlord is unable to deliver posses ion of Premises on Commencement Date, such date shall be extended to the date on which possession is made available to Tenant. However, the expiration date shall remain the same as specified in paragraph 2. If Landlord is unable to deliver possession within 60 (or❑ calendar days after the agreed Commencement Date, Tenant may terminate this agreement by giving written notice to Landlord, and shall be refunded ell Rent and security deposit paid. 24. TENANT'S OBLIGATIONS UPON VACATING PREMISES: Upon termination of agreement, Tenant shall: (I) give Landlord all copies of all keys or opening devices to Premises, including any common areas; (Ii) vacate Premises and surrender it to Landlord empty of all persons and personal property; (iii) vacate all parking and storage spaces; (Iv) deliver Premises to Landlord in the same condition as referenced in paragraph 11; (v) clean Premises; (vi) give written notice to Landlord of Tenant's forwarding address; and (vii) All improvements installed by Tenant, with or without Landlord's consent, become the property of Landlord upon termination. Landlord may nevertheless require Tenant to remove any such improvement that did not exist at the time possession was made available to Tenant. 25. BREACH OF CONTRACT /EARLY TERMINATION: In event Tenant, prior to expiration of this agreement, breaches any obligation in this agreement, abandons the premises, or gives notice of tenant's intent to terminate this tenancy prior to its expiration, in addition to any obligations established by paragraph 24, Tenant shall also be responsible for Idst rent, rental commissions, advertising expenses, and painting costs necessary to ready Premises for re- rental. Landlord may also recover from tenant: (I) the worth, at the time of award, of the unpaid Rent that had been earned at the time of termination; (il) the worth, at the time of award, of thel amount by which the unpaid Rent that would have been earned after expiration until the time of award exceeds the amount of such rental loss the Te'nant proves could have been reasonably avoided; and (iii) the worth, at the time of award, of the amount by which the unpaid Rent for the balance of the term after the time of award exceeds the amount of such rental loss that Tenant proves could be reasonably avoided. Landlord may elect to continue the tenancy in effect for so long as Landlord does not terminate Tenant's right to possession, by either written notice of termination of possession or by relenting the Premises to another who takes possession, and Landlord may enforce all Landlord's rights and remedies under this agreement, including the right to recover the Rent as it becomes due. 26. DAMAGE TO PREMISES: If, by no fault of Tenant, Premises are totally or partially damaged or destroyed by fire, earthquake, accident or other casualty, Landlord shall have the right to restore the Premises by repair or rebuilding. If Landlord elects to repair or rebuild, and is able to complete such restoration within 90 days from the date of damage, subject to the terms of this paragraph, this agreement shall remain in full force and effect. If Landlord is unable to restore the Premises within this time, or if Landlord elects not to restore, then either Landlord or Tenant may terminate this agreement by giving the other written notice. Rent she be abated as of the date of damage. The abated amount shall be the current monthly Base Rent prorated on a 30-day basis. If this agreement is not terminated, and the damage is not repaired, then Rent shall be reduced based on the extent to which the damage interferes with Tenant's reasonable use of Premises. If damage occurs as a result of an act of Tenant or Tenant's guests, only Landlord shall have the right of termination, and no reduction in Rent shall be made. 27. HAZARDOUS MATERIALS: Tenant shall not use, store, generate, release or dispose of any hazardous material on the Premises or the property of which the Premises are part. However, Tenant is permitted to make use of such materials that are required to be used in the normal course of Tenant's business provided that Tenant complies with all applicable Laws related to the hazardous materials. Tenant is responsible for the cost of removal and remediation, or any clean -up of any contamination caused by Tenant. 28. CONDEMNATION: If all or part of the Premises is condemned for public use, either party may terminate this agreement as of the date possession is given to the condemner. All condemnation proceeds, exclusive of those allocated by the condemner to Tenant's relocation costs and trade fixtures, belong to Landlord. 29. INSURANCE: Tenant's personal property, fixtures, equipment, inventory and vehicles are not insured by Landlord against loss or damage due to fire, theft, vandalism, rain, water, criminal or negligent acts Of others, or any other cause. Tenant is to carry Tenant's own property insurance to protect Tenant from any such loss. In addition, Tenant shall carry insurance in an amount of not less than Tenant's liability insurance shall name Landlord and Landlord's agent as additional insured. Tenant, upon Landlord's request, shall provide Landlord with a certificate of insurance establishing Tenant's compliance. Landlord shall maintain liability insurance insuring Landlord, but not Tenant, in an amount of at least plus property insurance in an amount sufficient to cover the replacement cost of the property. Tenant is advised to carry business interruption insurance in an amount at least sufficient to cover Tenant's complete rental obligation to Landlord. Landlord is advised to obtain a policy of rental loss insurance. Both Landlord and Tenant release each other, and waive their respective rights to subrogation against each other, for loss or damage covered by insurance. Landlord's Initials (vim 1 Tenant's Initials *4/ Copyright® 1998 -2009, CALIFORNIA ASSOCIATION OF REALTORS®, INC. CL REVISED 10/01 (PAGE 3 of 6) COMMERCIAL LEASE AGREEMENT (CL PAGE 3 OF 6) Date September 21, 2009 Reviewed by Date FUSION EQUAL HOUSING OPPORTUNITY 600 E. LIVE OAK AVE. A2._ _DIA, ;CA 91006 (PARKING LOT) Premises: Date September 21, 2009 30. TENANCY STATEMENT (ESTOPPEL CERTIFICATE):1 Tenant shall execute and return a tenancy statement (estoppel certificate), delivered to Tenant by Landlord or Landlord's agent, within 3 days after its receipt. The tenancy statement shall acknowledge that this agreement is unmodified and in full force, or in full force as modified, and state the modifications. Failure to comply with this requirement: (1) shall be deemed Tenant's acknowledgment that the tenancy statement is true and correct, and may be relied upon by a prospective lender or purchaser; and (II) may be treated by Landlord as a material breach of this agreement. Tenant shall also prepare, execute, and deliver to Landlord any financial statement (which will be held in confidence) reasonably requested by a prospective lender or buyer. 31. LANDLORD'S TRANSFER: Tenant agrees that the transferee of Landlord's interest shall be substituted as Landlord under this agreement. Landlord will be released of any further obligation to Tenant regarding the security deposit, only if the security deposit is returned to Tenant upon such transfer, or if the security deposit is actually transferred to the transferee. For all other obligations under this agreement, Landlord is released of any further liability to Tenant, upon Landlord's transfer. 32. SUBORDINATION: This agreement shall be subordinate to all existing liens and, at Landlord's option, the lien of any first deed of trust or first mortgage subsequently placed upon the real property of which the Premises are a part, and to any advances made on the security of the Premises, and to all renewals, modifications, consolidations, replacements, and extensions. However, as to the lien of any deed of trust or mortgage entered into after execution of this agreement, Tenant's right to quiet possession of the Premises shall not be disturbed if Tenant is not in default and so long as Tenant pays the Rent and observes and performs all of the provisions of this agreement, unless this agreement is otherwise terminated pursuant to its terms. If any mortgagee, trustee, or ground lessor elects to have this agreement placed in a security position prior to the lien of a mortgage, deed of trust, or ground lease, and gives written notice to Tenant, this agreement shall be deemed prior to that mortgage, deed of trust, or ground lease, or the date of recording. 33. TENANT REPRESENTATIONS; CREDIT: Tenant warr;'ents that all statements in Tenant's financial documents and rental application are accurate. Tenant authorizes Landlord and Broker(s) to obtain Tenants credit report at time of application and periodically during tenancy in connection with approval, modification, or enforcement of this agreement. Landlord may cancel this agreement: (I) before occupancy begins, upon disapproval of the credit report(s); or (II) at any time, upon discovering that information in Tenant's application is false. A negative credit report reflecting on Tenant's record may be submitted to a credit reporting agency, if tenant fails to pay Rent or comply with any other obligation under this agreement. 34. DISPUTE RESOLUTION: A. MEDIATION: Tenant and Landlord agree to mediate any dispute or claim arising between them out of this agreement, or any resulting transaction, before resorting to arbitration or court action, subject to paragraph 34B(2) below. Paragraphs 34B(2) and (3) apply whether or not the arbitration provision is initialed. Mediation fees, if any, shall be divided equally among the parties involved. If for any dispute or claim to which this paragraph applies, any party commences an action without first; attempting to resolve the matter through mediation, or refuses to mediate after a request has been made, then that party shall not be entitled to rebover attorney fees, even if they would otherwise be available to that party in any such action. THIS MEDIATION PROVISION APPLIES WHETHEI4 OR NOT THE ARBITRATION PROVISION IS INITIALED. B. ARBITRATION OF DISPUTES: (1) Tenant and Landlord agree that any dispute or claim in Law or equity arising between them out of this agreement or any resulting transaction, which is not settled through mediation, shall be decided by neutral, binding arbitration, including and subject to paragraphs 34B(2) and (3) below. The arbitrator shall be a retired judge or justice, or an attorney with at least 5 years of real estate transactional law experience,'unless the parties mutually agree to a different arbitrator, who shall render an award in accordance with substantive California Law. In all other respects, the arbitration shall be conducted in accordance with Part ill, Title 9 of the California Code of Civil Procedure. Judgment{ upon the award of the arbitrator(s) may be entered in any court having jurisdiction. The parties shall have the right to discovery in accordance with Code of Civil Procedure §1283.05. (2) EXCLUSIONS FROM MEDIATION AND ARBITRATION: The following matters are excluded from Mediation and Arbitration hereunder: (i) a judicial or non judicial foreclosure or other action or proceeding to enforce a deed of trust, mortgage, or installment land sale contract as defined in Civil Code §2985; (ii) an unlawful detainer action; (III) the filing or enforcement of a mechanic's lien; (iv) any matter that is within the jurisdiction of a probate, small claims, or bankruptcy court; and (v) an action for bodily injury or wrongful death, or for latent or patent defects to which Code of Civil Procedure §337.1 or §337.15 applies. The filing) of a court action to enable the recording of a notice of pending action, for order of attachment, receivership, injunction, or other provisional remedie8, shall not constitute a violation of the mediation and arbitration provisions. (3) BROKERS: Tenant and Landlord agree to mediate and arbitrate disputes or claims involving either or both Brokers, provided either or both Brokers shall have agreed to such mediation or arbitration, prior to, or within a reasonable time after the dispute or claim is presented to Brokers. Any election by either or both Brokers to participate in mediation or arbitration shall not result in Brokers being deemed parties to the agreement. "NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR; JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY." "WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED' IN THE 'ARBITRATION OF DISPUTES' PROVISION TO NEUTRAL ARBITRATION." Landlord's Initials Tenant's Initials 4 Landlord's Initials Tenant's Initials W Copyright 1998 -2009, CALIFORNIA ASSOCIATION OF 1EALTORS INC. CL REVISED 10/01 (PAGE 4 of 6) COMMERCIAL LEASE AGREEMENT (CL PAGE 4 OF 6) Reviewed by Date FUSION EOUAI HOUSING OPPORTUNITY 600 E. LIVE OAK AVE. A MIA, Premises: 35. JOINT AND INDIVIDUAL OBLIGATIONS: If there is performance of all obligations of Tenant under this agre 36. NOTICE: Notices may be served by mail, facsimile, or c Landlord: Notice is deemed effective upon the earliest of the followin (I) personal receipt by either party or their agent; (ii) written acknowledgement of notice; or (iii) 5 days after mailing notice to such location by first class mail, postage pre -paid. 37. WAIVER: The waiver of any breach shall not be constr ed as a continuing waiver of the same breach or a waiver of any subsequent breach. 38. INDEMNIFICATION: Tenant shall indemnify, defend a d hold Landlord harmless from all claims, disputes, litigation, judgments and attorney fees arising out of Tenant's use of the Premises. 39. OTHER TERMS AND CONDITIONS /SUPPLEMENTS: The following ATTACHED supplements /exhibits 40. ATTORNEY FEES: In any action or proceeding arising reasonable attorney fees and costs from the non prevail 41. ENTIRE CONTRACT: Time is of the essence. All p constitutes the entire contract. It is intended as a final agreement or contemporaneous oral agreement. The p terms, and that no extrinsic evidence whatsoever may b of this agreement that is held to be invalid shall not aff be binding upon, and inure to the benefit of, the heirs, a 42. BROKERAGE: Landlord and Tenant shall each pay t Landlord has utilized the services of, or for any other finder, or other entity, other than as named in this a inquiries, introductions, consultations, and negotiations harmless the other, and the Brokers specified herein, inconsistent with the warranty and representation in this 43. AGENCY CONFIRMATION: The following agency relati Listing Agent: (check one): the Landlord exclusively; or both the Tenant and Selling Agent: (check one): the Tenant exclusively; or the Landl Real Estate Brokers are not parties to the agreement be Copyright 1998 -2009, CALIFORNIA ASSOCIATION OF R CL REVISED 10/01 (PAGE 5 of 6) COMMERCI CA 91006 (PARKING LOT) more than one Tenant, each one shall be individually and completely responsible for the ament, jointly with every other Tenant, and individually, whether or not in possession. o urier at the following address or location, or at any other location subsequently designated: Tenant: are incorporated in this agreement: Option Agreement (C.A.R. Form OA) out of this agreement, the prevailing party between Landlord and Tenant shall be entitled to ng Landlord or Tenant, except as provided in paragraph 34A. for agreements between Landlord and Tenant are incorporated in this agreement, which xpression of the parties' agreement, and may not be contradicted by evidence of any prior rties further intend that this agreement constitutes the complete and exclusive statement of its introduced in any judicial or other proceeding, if any, involving this agreement. Any provision ct the validity or enforceability of any other provision in this agreement. This agreement shall signees and successors to the parties. Broker(s) the fee agreed to, if any, in a separate written agreement. Neither Tenant nor eason owes compensation to, a licensed real estate broker (individual or corporate), agent, reement, in connection with any act relating to the Premises, including, but not limited to, leading to this agreement. Tenant and Landlord each agree to indemnify, defend and hold nd their agents, from and against any costs, expenses, or liability for compensation claimed paragraph 42. nships are hereby confirmed for this transaction: andiord. (Print Firm Name) (if not same as Listing Agent) is the agent of rd exclusively; or both the Tenant and Landlord. een Tenant and Landlord. LTORSO, INC. Tenant's Initials G,/ L LEASE AGREEMENT (CL PAGE 5 OF 6) Date September 21, 2009 Landlord's Initials (X Reviewed by Date (Print Firm Name) is the agent of FUSION EOUAI HOUSING OPPORTUNITY Premises: 600 E. LIVE OAK AVE. ARCADIA, CA 91006 (PARKING LOT) Landlord and Tenant acknowledge and agree that Brokers: (i) do not guarantee the condition of the Premises; (ii) cannot verify representations made by others; (iii) will hot verify zoning and land use restrictions; (iv) cannot provide legal or tax advice; (v) will not provide other advice or information that exceeds the knowledge, education or experience required to obtain a real estate license. Furthermore, if Brokers are not also acting as Landlord in this agreement, Brokers: (vi) do not decide what rental rate a Tenant should pay or Landlord should accept; and (vii) do not decide upon the length or other terms of tenancy. Landlord and Tenant agree that they will seek legal, tax, insurance, and other desired assistance from appropriate professionals. Tenant 4 1-ko qi CAFE FUSION (Print Name) Address 510 E LIVE OAK AVE. Tenant Landlord (o er or agent with authority to enter into this agreement) Address 600 E. LIVE OAK AVE. City ARCADIA (Print Name) Address City State Zip LL B Date September 21, 2009 Date September 21, 2009 State CA Zip 91754 Date Date City ARCADIA State CA Zip 91006 Date Landlord (owner or agent with authority to enter into this agreement) State Zip Address City Agency relationships are confirmed as above. Real estate brokers who are not also Landlord in this agreement are not a party to the agreement between Landlord and Tenant. Real Estate Broker (Leasing Firm) DRE Lic. By (Agent) DRE Lic. Date Address City State Zip Telephone Fax E-mail Real Estate Broker (Listing Firm) DRE Lic. By (Agent) DRE Lic. Date Address City State Zip Telephone Fax E -mail THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS® (C.A.R.). NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY F Y OU DESIRE LEGAL OR TAX ADVICE, TRANSACTION. N APPROPRIATE P SATE PROFESSIONAL. OKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. This form is available for use by the entire real estate industry. It is not Intended to identify the user as a REALTOR REALTOR® is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORS® who subscribe to Its Code of Ethics. Published and Distributed by: REAL ESTATE BUSINESS SERVICES, INC. a subsidiary of the California Association of REALTORS® 525 South Virgil Avenue, Los Angeles, Califomia 90020 CL REVISED 10/01 (PAGE 6 OF 6) COMMERCIAL LEASE AGREEMENT (CL PAGE 6 OF 6) Reviewed by Date OPPORTUNITY FUSION 1 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Attorney City of Arcadia P. O. Box 60021 Arcadia, CA 91066 -6021 COVENANT AND AGREEMENT REGARDING OFF STREET PARKING AND COMPLY WITH CITY OF ARCADIA PARKING REQUIREMENTS This Covenant and Agreement is provided pursuant to Arcadia Municipal Code Section 9269.5 off street parking requirements and 9269.6 parking location. In order to assure that the use at 600 -618 E. Live Oak Avenue as specifically described below meets City of Arcadia parking requirements. This Covenant and Agreement is also made with reference to a Lease Agreement which is attached as Exhibit "A" and incorporated as part of this Covenant. FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which is hereby acknowledged, SU MEI WANG (LEASEE) AND JIM LEK FAITHKAY, LLC (LEASER) Hereinafter referred to collectively as "Covenantor" hereby declares to be the Lessee and Leasers of that certain real property located at 600 -618 E. Live Oak Avenue, in the City of Arcadia, County of Los Angeles, State of California, legally described as follow: Tract No. 15233 Lots 3, 4, 5 and 6 All of which is hereinafter referred to collectively as the "Affected Land" and incorporated as part of this Covenant and Agreement. Covenantor hereby agrees and covenants with the City of Arcadia, a Municipal Corporation (hereinafter referred to as the "Covenantee on behalf of and for the benefit of the Covenantee's land, which is the public street and right -of -way adjacent and contiguous to the Affected Land, and on behalf of and for the benefit of the "Benefitted Land" which consists of and includes all the public and private land located within 500 feet of the Affected Land as follow: 1. In consideration of the City's grant of a Conditional Use Permit for the purpose of conducting a restaurant business use on the premise at 510 -512 E. Live Oak Avenue and to provide adequate parking consistent with standards in the City Zoning Ordinances sections 9269.5 and 9269.6 for said business, Covenantor hereby covenants and agrees that the restaurant business use at 510 -512 E. Live Oak Avenue shall cease and terminate if, at any time, the current parking requirements of the City are not satisfied. This shall include any action pursuant to the Lease referred to herein (Exhibit "A that causes parking provided by said Lease to diminish or be terminated so as to result in inadequate parking pursuant to City Code requirements for the business at 510 -512 E. Live Oak Avenue. 2 2. This Covenant and Agreement is for the benefit of the Covenantee and its heirs, successors and assigns and is for the benefit of and shall inure to the benefit of all the Benefitted Land and the heirs, successors and assigns of the owners of the Benefitted Land, and this Covenant and Agreement shall run with the land and shall be binding upon the heirs, successors and assigns of the Covenantor. 3. The City of Arcadia in its capacity as Covenantee and in its capacity as the legal representative of the residents of the City of Arcadia and more particularly as the legal representative of all the owners of the Benefitted Land is hereby authorized to enforce the provisions of this Covenant and Agreement. 4. This Covenant is also for the benefit of the restaurant business at 510 -512 E. Live Oak Avenue as specifically described above by allowing the use at the facility to meet City Zoning requirements. Violation of this Covenant shall be proof that such zoning violations are not being complied with and the restaurant use at such premises shall not be a permitted use pending compliance with the parking requirements of the City of Arcadia. 5. If any section, subsection, sentence, clause, phrase or portion of this Covenant and Agreement is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decisions shall not affect the validity of the remaining portions of this Covenant and Agreement. IN WITNESS WHEREOF, Covenantor has executed this instrument on the date shown opposite its signature. "COVENANTOR" Su Mei Wang Date "COVENANTOR" Jim Lek Faithkay, LLC Date "COVENANTEE" "CITY OF ARCADIA" a Municipal Corporation City Manager Date APPROVED AS TO FORM: City Attorney Date a�nn 00 CT eT t 00 01 1 11 z .a V" N N rni 01 I Z1 L b 014 t 0I xns 11 N M N N ids ti LI I 0z 91 91 ZZ 1 81 0I Ch 10 00 RI3 01 6 8I 6I 04 OZ 91 ti 00 RH.L 11 Si 1[ L[ 61 OI r Qum 3111, pp 1/40 1/40 I[ ZI ON M O ZI OI I IT ZI 00 N NOW ZI ZI It eY N Las ON ON II Cr. kei ,--1 ,LVS CI I 1 LI CZ LI L L IZ 61 ZI o t'V 00 O. 11 01 LI LI 81 bZ L1 M r nom, N 00 ot El 91 61 oO 01 L un 11 I t urdzf 1116 j wiz N r uudt, l "`dg V urd9 iudz 1 1.1168 11166 �I iud01 2• d BSi►91.1:4•929 3LJ Tim Schwehr From: J Gerry Wilson [gerwil @sbcglobal.net] Sent: Wednesday, August 05, 2009 3 :45 PM To: Tim Schwehr Subject: Application CUP 09 -09 Tim Schwehr, Assistant Planner, Thanks for taking my phone call the other day, and for the brief conversation yesterday, as you were taking pictures in our church parking lot. Once again, for the record, let me voice my personal (as a neighbor) and professional (as Senior Pastor of Arcadia Friends Community Church and Preschool) objection to the request of Michael Hsiao for a Conditional Use Permit at his restaurant located at 510- 512 E. Live Oak Ave. in Arcadia. I find it ironic that Mr. Hsiao is only now trying to legalize the use of facilities that he has been using and abusing for the last few years since he opened for business. The reality of the situation, speaking as a resident at 5700 Lenore Ave, that is behind the alley where his parking and entrance is, there is no room in our neighborhood for his business to expand, or to stay at the present level of use. He does not have anywhere near enough parking, which results in his customers parking in our church parking lot and on both sides of our street, three to four houses south of my own home. I am tired of the parking issues, the noise late at night (2am) as people leave. I have had to personally pick up trash and bottles left in the street and our parking lot, as well as wash down the pavement of vomit left by his customers. As the Block Captain for our Neighborhood Watch Program, I can say on behalf of my neighbors on Lenore AVe that not only do we object to this expansion, we would hope that the City would step in and clearly curtail what is happening at Mr. Hsiao's business. It has turned our quiet neighborhood into an often noisy, dangerous and dirty environment. If you need further info or details, or have questions, please don't hesitate to contact me. gerwil @sbcglobal.net Horne 626 -574 -7329 Office 626 445 -2130 Cell 626- 826 -4982 Sincerely, 5700 Lenore Ave Arcadia, CA 91006 8/7/2009 Page 1 of 1 J. Gerry Wilson, Concerned Neighbor Senior Pastor of Arcadia Friends Community Church PRELIMINARY EXEMPTION ASSESSMENT (Certificate of Determination When Attached to Notice of Exemption) 1 Name or description of project: Conditional Use Permit Application No. CUP 09 -09 for a 960 square -foot expansion to an existing 2,040 square foot restaurant located at 510 -512 E. Live Oak Avenue. 2. Project Location Identify street address and cross streets or attach a map showing project site (preferably a USGS 15' or 7W topographical map identified by quadrangle name): 510 -512 E. Live Oak Ave. (between Hampstead Avenue and Lenore Avenue) 3. Entity or person undertaking project: A. City of Arcadia B. Other (Private) (1) Name: Michael Hsiao (d.b.a. Avant Garde Design Int.) (2) Address: 2063 S Atlantic #2D Monterey Park, CA 91754 (3) Phone: (323) 263 -2484 4. Staff Determination: The City's Staff, having undertaken and completed a preliminary review of this project in accordance with the City's "Local Guidelines for Implementing the California Environmental Quality Act (CEQA)" has concluded that this project does not require further environmental assessment because: a. The proposed action does not constitute a project under CEQA. b. The project is a Ministerial Project. c. The project is an Emergency Project. d. The project constitutes a feasibility or planning study. e. The project is categorically exempt. Applicable Exemption Class: 3 Section No.: 15303(c) f. The project is statutorily exempt. Applicable Exemption: Section No.: g. The project is otherwise exempt on the following basis: h. The project involves another public agency which constitutes the Lead Agency. Name of Lead Agency: Date: October 8, 2009 Staff: Tim Schwehr, Assistant Planner March 9, 2010 STAFF REPORT Development Services Department TO: Arcadia Planning Commission FROM: Jim Kasama, Community Development Administrator By: Tim Schwehr, Assistant Planner SUBJECT: Revocation of Conditional Use Permit Application No. CUP 09 -09 (Resolution 1801) permitting a 960 square -foot expansion to an existing 2,040 square -foot restaurant located at 510 -512 E. Live Oak Avenue. SUMMARY On October 27, 2009, the Planning Commission approved CUP 09 -09 to permit Cafe Fusion's previously unpermitted expansion into the adjacent 960 square -foot unit at 510- 512 E. Live Oak Avenue. Several conditions of approval were required to be satisfied within 60 days and before the expansion area could continue to be used. After 60 days following the adoption of Resolution 1801 (attached) staff conducted an inspection of the subject business and found that the following conditions had not been complied with: 1. All karaoke and live entertainment equipment shall be removed from the premises. 2. All unpermitted signs shall be removed. 3. The bathroom facilities shall be upgraded to meet the Building Official's requirement of 1 urinal, 1 toilet, and 1 lavatory for men, and 2 toilets and 1 lavatory for women. 4. Agreements /Covenants with the City of Arcadia as a party thereto in forms approved by the City Attorney for the use of 16 off -site parking spaces at 600 618 E. Live Oak Avenue shall be executed and recorded in the Office of the County Recorder. At the February 9, 2010 Planning Commission meeting, staff informed the Planning Commission that the restaurant had not complied with the above conditions of approval within the required 60 days. The Planning Commission directed staff to initiate revocation proceedings. BACKGROUND INFORMATION At the February 9, 2010 Planning Commission meeting, the Commission directed staff to assemble a background history of this application. The following is a timeline of events related to CUP 09 -09: September 2008: Code Services received a complaint of noise, loitering and loud music at the subject property. During a site inspection, Code Services discovered microphones, amplifiers, and other equipment for live entertainment and karaoke, and that the restaurant had expanded into the adjacent commercial space. It was also discovered that the existing restaurant was displaying unpermitted signs. A notice of violation was issued to the owners of Cafe Fusion. October 31, 2008: Code Services issued a citation to the owner of Cafe Fusion for failure to address the violations. November 11, 2008: Cafe Fusion filed Sign Design Review Application No. SADR 08 -48 for a new channel letter front wall sign and a face change to the existing projecting sign approved in May of 2009. February 10, 2009: Code Services referred the violations for the unpermitted restaurant expansion and live entertainment to the City Attorney. May 14, 2009: The applicant submitted Conditional Use Permit Application No. CUP 09 -09. August 11, 2009: Conditional Use Permit Application No. CUP 09 -09 was considered by the Planning Commission. At this meeting, the applicant proposed to lease 20 parking spaces located at 405 Lynrose Street, which is approximately 900 feet from the restaurant. Because of the distance, staff recommended denial of the application. Just prior to the meeting, the applicant submitted a written request to the Planning Commission asking for a continuance to explore other parking solutions. By a vote of 3 -1 with one Commissioner absent, the Planning Commission granted a continuance to the September 22 meeting. September 22, 2009: At this meeting, the applicant proposed to lease 16 parking spaces from either the commercial strip mall to the north at 529 555 E. Live Oak Avenue or the commercial strip mall to the east at 600 618 E. Live Oak Avenue. In order to allow sufficient time for a detailed analysis of the proposed parking arrangements and to issue an expanded public hearing notice, staff recommended a continuance to the October 27, 2009 Planning Commission meeting. By a vote of 5 -0 the Planning Commission granted the continuance. October 27, 2009: At this meeting, by a vote of 4 -1 the Planning Commission conditionally approved CUP 09 -09 for the 960 square -foot restaurant expansion and use of 16 off -site parking spaces at 600 618 E. Live Oak Avenue in lieu of the on- site required parking for the expansion. The staff report is attached. CUP 09 -09 Revocation 510 -512 E. Live Oak Ave. March 9, 2010 Page 2 November 24, 2009: Resolution 1801 for CUP 09 -09 was adopted by the Planning Commission. Condition no. 12 of the resolution stated that all conditions of approval shall be satisfied within 60 days and prior to use of the expansion area. January 25, 2010: 60 days after the adoption of Resolution 1801, staff had not been contacted about the required plumbing improvements or the parking agreement/covenant. Upon contacting the restaurant manager of Cafe Fusion, staff was informed that no progress had been made. February 9, 2010: Staff presented a 60 -day report (attached) to the Planning Commission on the status of compliance with the conditions of approval stated in Resolution 1801. The report stated that none of the conditions of approval that were required to be met within 60 days had been satisfied. These include upgrading the bathroom facilities, filing a parking covenant, removing the unpermitted signage and live entertainment equipment, and that the expansion area not be used for dining purposes until all the conditions had been satisfied. The Planning Commission directed staff to initiate revocation proceedings. February 24, 2010: Staff issued the required notice to the applicant, business owners, and property owner informing them that a public hearing will be held by the Planning Commission at its regular meeting on March 9, 2010 to consider the revocation of Conditional Use Permit No. CUP 09 -09. UPDATE ON STATUS OF COMPLIANCE Since the February 9, 2010 Planning Commission Meeting, staff can report the following progress on the conditions of approval: The live entertainment and karaoke equipment have been removed from the premises. The unpermitted banner at the rear of the building has been removed. On March 3, 2010, the applicant submitted Sign Architectural Design Review Application No. SADR 10 -16 requesting approval of the wall signs that have been installed without approval or permits on the front and rear of the building, and approval of the new exterior paint color at the front of the building. Staff believes the new exterior paint color and non illuminated rear wall sign are consistent with the City's Design Guidelines, but the use of an exposed raceway for the front wall sign is not consistent with the guidelines and staff will request that the applicant reinstall the front wall sign with individual channel letters flush- mounted to the wall as approved by SADR 08 -48. On March 3, 2010, a general contractor working on behalf of the owners of Cafe Fusion contacted staff regarding the required bathroom upgrades. The contractor was informed of the requirements and stated that plans for the upgrades are being drawn and will be submitted to the City within two weeks. CUP 09 -09 Revocation 510 -512 E. Live Oak Ave. March 9, 2010 Page 3 Also on March 3, 2010, staff contacted the original applicant and designer for CUP 09 -09, Mr. Michael Hsiao, to verify that he had received notice of the March 9th revocation proceedings. Mr. Hsiao informed staff that he had received the notice, but was no longer involved with the project. On March 5, 2010, Mr. Arthur Chen, the restaurant manager of Cafe Fusion, initiated the process for a Covenant /Agreement to lease 16 parking spaces at 600 618 E. Live Oak Avenue: A $315 check and copies of the deeds for the property at 600 618 E. Live Oak Avenue were submitted to Planning Services. Mr. Chen stated that the property owners of 600 618 E. Live Oak Avenue are willing to enter into an Agreement/Covenant for the off -site parking. Staff attempted to contact the property owners of 600 618 E. Live Oak Avenue to confirm their agreement, but the property manager, Mr. Jim Lek informed staff that the owners are currently out of the country and will not return until mid March. From staff's conversation with Mr. Lek, it appears that the property owners are willing to lease 16 parking spaces to Cafe Fusion, but it is unclear if they are willing to enter into an Agreement/Covenant with the City as a third -party. Because the original applicant /designer, Mr. Michael Hsiao is no longer working on behalf of Cafe Fusion, no one had taken the initiative to comply with the conditions of approval stated in Resolution 1801. After the February 24, 2010 Planning Commission meeting, Mr. Arthur Chen, the manager of Cafe Fusion began taking the necessary steps to comply with the conditions of approval. However, more time is needed to verify that an Agreement/Covenant for the off -site parking will be acceptable to the owners of 600 -618 E. Live Oak Avenue, and that the required improvements will be properly completed. RECOMMENDATION The Development Services Department recommends a continuance of the revocation proceedings of Conditional Use Permit No. CUP 09 -09 to the April 13, 2010 Planning Commission meeting. PLANNING COMMISSION ACTION Revocation If the Planning Commission intends to revoke Conditional Use Permit No. CUP 09 -09, the Commission should move for revocation, state the supporting findings, and direct staff to prepare a resolution for adoption at the next meeting that incorporates the Commission's decision, specific determinations and findings. Continuance If the Planning Commission intends to allow additional time for compliance with the conditions of approval, the Commission should move to continue the hearing on revocation of Conditional Use Permit No. CUP 09 -09 to a specific date. CUP 09 -09 Revocation 510 -512 E. Live Oak Ave. March 9, 2010 Page 4 If any Planning Commissioner, or other interested party has any questions or comments regarding this matter prior to the March 9, 2010 public hearing, please contact Assistant Planner, Tim Schwehr at (626) 574 -5422, or at tschwehr(a7ci.arcadia.ca.us. Approved by: Jim a munity Development Administrator Attachments: Resolution 1801 October 27, 2009 Staff Report February 9, 2010 Staff Report CUP 09 -09 Revocation 510 -512 E. Live Oak Ave. March 9, 2010 Page 5 MEMORANDUM Development Services Department DATE: February 9, 2010 TO: Arcadia Planning Commission FROM: Jim Kasama, Community Development Administrat Tim Schwehr, Assistant Planner A.5 SUBJECT: Cafe Fusion (CUP 09 -09) 510 -512 E. Live Oak Avenue On October 27, 2009, the Planning Commission approved CUP 09 -09 (Resolution 1801) to permit Cafe Fusion's previously unpermitted expansion into the adjacent 960 square -foot unit at 510 -512 E. Live Oak Avenue. Several conditions of approval were required to be satisfied within 60 days and prior to use of the expansion area. And, noncompliance with the plans, provisions, and conditions of approval is grounds for immediate suspension or revocation of any approvals, including the prior Conditional Use Permit, CUP 04 -02 (Resolution 1704), which could result in the closing of the entire restaurant. The specific conditions to be satisfied within 60 days and prior to the use of the expansion were the following: 1. All live entertainment equipment or karaoke related equipment shall be removed from the premises. 2. All unpermitted signs shall be removed. 3. The bathroom facilities shall be upgraded to meet the Building Official's requirement of 1 urinal, 1 toilet, and 1 lavatory for men, and 2 toilets and 1 lavatory for women. 4. Agreements /Covenants for the use of 16 off -site parking spaces at 600 -618 E. Live Oak Avenue shall be submitted to the City Attorney for review, and following approval, recorded in the Office of the County Recorder. Following inspection of the subject business, staff can report that the live entertainment and karaoke equipment have not been removed from the premises. The unpermitted signs have been removed from the front of the building, but an unpermitted sign and unpermitted banner are still displayed at the back of the building. New signage has been installed at the front of the building, but no building permits were obtained. The new sign has an exposed raceway that was not included on the plans approved in design review (SADR 08 -48). The upper portion of the front of the building has also been painted a purple /pink color without consulting staff or receiving City approval. The bathroom facilities have not been upgraded and no plans to upgrade them have been submitted to the City's Building Services. No Agreements /Covenants for the use of 16 off -site parking spaces have been submitted to the City Attorney for review. On the evening of January 18, 2009, staff conducted a site inspection of the business to determine if the 960 square -foot expansion was in use. At that time, no patrons were dining in the expansion, but tables and chairs with place settings were set up in the expansion area. However, it should be noted that the expansion has been set up in this manner since the restaurant first applied for their CUP in May of 2009. The Development Services Department has not received any recent complaints from neighbors or adjacent businesses about this restaurant. Since the October 27 Planning Commission Meeting, Code Services and Planning Services have been in contact with the owner and manager of Cafe Fusion, and have informed them of the need to comply with City regulations and the specific conditions of approval stated in CUP 09 -09, but no efforts have been made to remedy the violations or satisfy the conditions of approval. Therefore, Planning Services and the Business License Office are revoking the CUP's and the business license of Cafe Fusion at 510 -512 E. Live Oak Avenue. Attachments: Resolution 1801 CUP 09 -09 Resolution 1704 CUP 04 -02 Photos of subject property Approved Sign Plans SADR 08-48 April 27, 2010 STAFF REPORT Development Services Department TO: Arcadia Planning Commission FROM: Jim Kasama, Community Development Administrator By: Tim Schwehr, Assistant Planner SUBJECT: Conditional Use Permit Application No. CUP 10 -02 to operate an 800 square -foot art studio with up to 10 students within a two -story, commercial office building at 400 N. Santa Anita Avenue, Suite 102. SUMMARY Ms. Lauren Bolley Hinds (owner of the subject property and proposed art studio) submitted Conditional Use Permit Application No. CUP 10 -02 to operate an 800 square -foot art studio with up to 10 students within a 2,992 square -foot, two -story, commercial office building at 400 N. Santa Anita Avenue, Suite 102. Attached are an aerial photo, vicinity map, and photos of the subject property. It is staffs opinion that based on the limited schedule and small class sizes, the site can accommodate this use without significantly impacting the neighboring properties. The Development Services Department is recommending approval of the proposed art center, subject to the conditions listed in this staff report. GENERAL INFORMATION APPLICANT: Lauren Bolley Hinds (dba: Just Follow Your Art) LOCATION: 400 N. Santa Anita Avenue, Suite 102 REQUEST: A Conditional Use Permit to operate an art studio with a maximum of 10 students at any one time. The studio will instruct students of all ages, and the hours of operation are to be Tuesday Friday, 11:00 a.m. to 5:00 p.m., and Saturday 9:00 a.m. to 5:00 p.m. The studio will be closed on Sunday and Monday. SITE AREA: 7,532 square feet (0.17 acres) FRONTAGE: 50 feet along Santa Anita Avenue 152 feet along La Porte Street EXISTING LAND USE ZONING: The site is developed with a 4 -unit, 2,992 square -foot, two -story commercial office building built in 1985. The property is zoned C -2, General Commercial and is located within the City's Central Redevelopment Project Area. SURROUNDING LAND USES ZONING: North: Bakery/Restaurant (CUP 94 -04) zoned C -2 South: Industrial Warehouse zoned M -1 East: Industrial Warehouse zoned M -1 West: Commercial Carwash zoned C -2 GENERAL PLAN DESIGNATION: Commercial PUBLIC HEARING NOTIFICATION Public hearing notices of Conditional Use Permit Application No. CUP 10 -02 were mailed on April 16, 2010 to the property owners, tenants and occupants of those properties that are within 300 feet of the subject property (see the attached radius map). Because staff considers the proposed project exempt from the requirements of the California Environmental Quality Act (CEQA) the public hearing notice was not published in the Arcadia Weekly newspaper. BACKGROUND INFORMATION The office building on the subject property consists of four separate units two second -floor units and two ground -floor units. Both second -floor units are currently occupied by accounting firms. The ground -floor unit the art studio would occupy (suite 102) is currently used as a private office by the applicant. The other ground -floor unit is vacant at this time. The following Modifications have previously been approved for this property: M -84 -166 permitted 11 on -site parking spaces in lieu of 12 required, and a 5' -0" landscaped buffer in lieu of 5' -3" required. M -86 -59 permitted a freestanding sign to be located within the special setback of Santa Anita Avenue. MC 05 -05 MC 05 -27 permitted medical uses in the two second -floor units both approvals have expired and medical uses are not permitted at this property without approval of a new Parking Modification. CUP 10 -02 400 N. Santa Anita Ave, Suite 102 April 27, 2010 page 2 PROPOSAL AND ANALYSIS The proposal is to operate an 800 square -foot art studio with art instruction and limited retail sales (see the attached site plan and floor plan). The studio will display local artists' work for sale within the retail area and offer art instruction in the studio room. The studio would be limited to a maximum of 10 students and 2 staff members at any one time. The proposed hours of operation are to be Tuesday— Friday 11:00 a.m. to 5:00 p.m. and Saturday 9:00 a.m. to 5:00 p.m. The studio will be closed on Sunday and Monday. The studio would also be used a maximum of twice per month by similar -sized calligraphy, quilting, sewing, knitting and /or crocheting groups during normal business hours when no classes are scheduled or during evening hours. An art studio is a permitted use in both the C -2 zone and Central Redevelopment Project Area with an approved conditional use permit. Parking and Traffic The property has a total of 11 on -site parking spaces. By code, a 2,992 square -foot office building is required to have 12 on -site parking spaces (4 spaces per 1,000 square -feet of gross floor area). A Parking Modification was approved for the deficiency in 1984 (M -84 -166). The art studio would increase the parking requirement by 2 spaces (5 spaces compared to 3 for a general office use) and increase the parking deficiency to 3 spaces. The applicant has provided the attached informal parking study showing that the existing parking is underutilized during the proposed operating hours. It is staffs opinion that based on the mix of uses, small class sizes, and existing underutilization of the parking lot, the site can accommodate the parking demand and pick -up /drop -off requirements of the proposed art studio. CODE REQUIREMENTS All City requirements regarding disabled access and facilities, occupancy limits, building safety, emergency equipment, parking and site design, and water supply and irrigation systems are required to be complied with to the satisfaction of the Building Official, City Engineer, Community Development Administrator, Fire Marshal, and Public Works Services Director. CEQA If it is determined that no significant physical alterations to the property are necessary, then this project is categorically exempt from environmental review pursuant to the provisions of the California Environmental Quality Act (CEQA) Section 15303 of the Guidelines as a conversion of a small commercial structure under 10,000 square -feet in floor area. A Preliminary Exemption Assessment is attached to this staff report. CUP 10 -02 400 N. Santa Anita Ave, Suite 102 April 27, 2010 page 3 FINDINGS Section 9275.1.2 of the Arcadia Municipal Code requires that for a Conditional Use Permit to be granted, it must be found that all of the following prerequisite conditions can be satisfied: 1. That the granting of such Conditional Use Permit will not be detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity. 2. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized. 3. That the site for the proposed use is adequate in size and shape to accommodate said use, and all yards, spaces, walls, fences, parking, loading, landscaping, and other features required to adjust said use with the land and uses in the neighborhood. 4. That the site abuts streets and highways adequate in width and pavement type to carry the kind of traffic generated by the proposed use. 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. It is staffs opinion that the proposed studio satisfies each prerequisite condition. RECOMMENDATION The Development Services Department recommends approval of Conditional Use Permit Application No. CUP 10 -02 subject to the following conditions: 1. There shall not be more than ten (10) students and two (2) faculty and /or staff members at any one time. 2. The hours of operation shall be limited to Tuesday Friday, 11:00 a.m. to 5:00 p.m. and Saturday, 9:00 a.m. to 5:00 p.m. The studio shall be closed on Sunday and Monday. 3. The use of the art studio after 5:00 p.m. by calligraphy, quilting, and similar groups is permitted with the following conditions: a. The combined use by all groups shall not exceed twice per month. b. The size of the groups shall not exceed 10 persons. c. Group activities shall end no later than 9:00 p.m. 4. Conditional Use Permit No. CUP 10 -02 includes a Parking Modification to allow 11 on -site parking spaces in lieu of 14 spaces required. This Parking Modification does not constitute an approval of a general reduction or alteration of the parking requirements for the subject property, but rather only for the art studio that is herein conditionally approved. Uses other than this art studio shall be subject to a new Conditional Use Permit and /or Parking Modification. CUP 10 -02 400 N. Santa Anita Ave, Suite 102 April 27, 2010 page 4 5. The use approved by CUP 10 -02 is limited to the proposed art studio and it shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 10 -02, subject to the satisfaction of the Development Services Director or designee. 6. Noncompliance with the plans, provisions and conditions of approval for CUP 10- 02 shall be grounds for immediate suspension or revocation of any approvals, which could result in the closing of the art studio. 7. All City requirements regarding disabled access and facilities, occupancy limits, building safety, emergency equipment, parking and site design, and water supply and irrigation systems are required to be complied with to the satisfaction of the Building Official, City Engineer, Community Development Administrator, Fire Marshal, and Public Works Services Director. 8. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officers, employees or agents to attack, set aside, void, or annul any approval or condition of approval of the City of Arcadia concerning this project and /or land use decision, including but not limited to any approval or condition of approval of the City Council, Planning Commission, or City Staff, which action is brought within the time period provided for in Government Code Section 66499.37 or other provision of law applicable to this project or decision. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and /or land use decision and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter. 9. Approval of CUP 10 -02 shall not take effect until the property owner(s), applicant, and business owner(s) /operator(s) have executed and filed the Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. PLANNING COMMISSION ACTION Approval If the Planning Commission intends to approve this application, the Commission should move to approve Conditional Use Permit Application No. CUP 10 -02; state the supporting findings and environmental determination, and direct staff to prepare a resolution incorporating the Commission's decision, specific determinations and findings, and the conditions of approval for adoption at the next meeting. Denial If the Planning Commission intends to deny this application, the Commission should move to deny Conditional Use Permit Application No. CUP 10 -02; state the finding(s) that the proposal does not satisfy with reasons based on the record, and direct staff to CUP 10 -02 400 N. Santa Anita Ave, Suite 102 April 27, 2010 page 5 prepare a resolution incorporating the Commission's decision and specific findings for adoption at the next meeting. If any Planning Commissioner, or other interested party has any questions or comments regarding this matter prior to the April 27 public hearing, please contact Assistant Planner, Tim Schwehr by calling (626) 574 -5422, or by email at tschwehr @ci.arcadia.ca.us. Approved by: Ji sama mmunity Development Administrator Attachments: Aerial Photo Vicinity Map Photos of Subject Property 300 -foot Radius Map Site Plan Floor Plan Operational Plans Parking Study Preliminary Exemption Assessment CUP 10 -02 400 N. Santa Anita Ave, Suite 102 April 27, 2010 page 6 Development Services Department Engineering Division Prepared by: R.S.Gonzalez, Apra 2010 400 N Santa Anita Avenue CUP 10-02 (412) (15) (26-28) M -1 (25) 31) I0 (425) 1 L Development Services Department Engineering Division Prepared by: R.S.Gcnzalez, April 2010 Ity 400 N Santa Anita Avenue CUP 10.02 (15) JOSEPH ST (333) (311) COLORADO BL (21.23) LA PORTE ST (25) (31) (33 -35) (12) (18) (22-24) (26-28) (30) (420) C -2 (416) (425) 1 L Development Services Department Engineering Division Prepared by: R.S.Gcnzalez, April 2010 Ity 400 N Santa Anita Avenue CUP 10.02 (15) JOSEPH ST (333) (311) COLORADO BL (21.23) LA PORTE ST (25) (31) (33 -35) Subject Property Santa Anita Avenue Subject Property La Porte Street Ot /6 Par MAP LEGEND Indicates Map key Number 0 26 ecgel r0 a%a t!/./6 N.es'er/er9K ,ud StA ro a 40• n 4/ r" /40.b9 NefAtingrre ST JOSEPH ST Indicates Assessor's Parcel Number Dm Monsoons. Santana for Gaiammens and Malmo* BLVD. c NC O rl 13680 rm or: ARCADtAe 161.60 111,10 'g tr 4,19 ti A A T a co 6- Public Notification Boundary For 400 N. Santa Anita Ave. Arcadia CA 91006 APN 5773 -002 -053 November 6, 2009 "30 ltilNl! .1(;Uttits 9 (Z) luawtpelly Attachment (1) N OM 1••■••• Jul 20 09 08:39a t doe) *A. v. 6. 1%.41'.% 4. oto•• ..14.1100...."••••• 4. SITE PLAN 1 1 r va *.....••••■■■••■.*.moomor....... 1.00••■•••■•••■■••■•••••••••■■•■■ 41» 1.24 e•0 p.1 URA/? L 1 .400000.0 RTI IVAIQ 1 114111.1/1.?.1t$ SCALE 1 ill 1 gni• US:1;w 1{30iii•O Ralph Rittenhouse 400 North Soma ispha Avenue, Annalist, erditimiti 91007 ft±mik,..201.6?$.72 14 Falx 16if4 345 Tue Wed Thu Fri Sat Sun /Mon Watercolor llam- 1pm Jewelry Making llam-lpm Paper Crafting 3pm -4pm Watercolor llam -lpm Jewelry Making llam-lpm Paper Crafting 3pm -4pm Calligraphy basics llam-lpm Knitting group 2pm -4pm Closed Drawing 3pm -5pm Watercolor, Level 2 llam -lpm Drawing 3pm -5pm Watercolor, Level 2 llam -lpm Scrapbooking Basics 1pm -5pm Closed Pastel clam- 1pm Paper Crafts 3pm -5pm Pastel clam -lpm Paper Crafts 3pm -5pm Calligraphy basics llam -lpm Craft Workshop 2pm -4pm Closed Painting with Acrylics 3pm -5pm Pastel, Level 2 3pm -5pm Painting with Acrylics 3pm -5pm Pastel, Level 2 3pm -5pm Scrapbooking Basics 1pm-5pm Closed week c ge K L4 )eed< Li Wednesday, March 17, 2010 Tim Schwehr Assistant Planner City of Arcadia Development Services Department Subject: Conditional Use Permit Application No. CUP 10 -02 for an art studio with art instruction at 400 North Santa Anita Avenue, Suite 102 Dear Mr. Schwehr: Thank you for taking the time to review my application for an art studio with instruction. The following are my responses to the items requested in your letter dated February 11, 2010. It is my hope this will answer all your questions and requests and will make my application complete. If any additional information is needed, or you have any questions, please feel free to contact me at any time. 1. Operating Hours for the Studio: It is intended that the studio will be run as a part -time business, and will have limited operating hours. a. Tuesday Friday, the studio would be open for classes from 11:00 am to 1:00 pm, and from 3:00 pm to 5:00 pm. Saturdays from 9:00 am to 5:00 pm (given classes are scheduled) Tuesday Friday, the studio would be open for retail business from 11:00 am to 4:00 pm, and Saturdays from 9:00 am to 5:00 pm. b. All classes and workshops will be held in the "studio" classroom. Class size will be dependant upon enrollment, with a maximum of 10 students at a time. A sample month schedule for the studio follows: c. See attachment (1) for the suite layout. 2. Calligraphy courses would be included as a class to be taught at the studio, during studio hours. Quilting, Sewing, Knitting and Crocheting groups would use the studio, at most, once a month, given no other class is scheduled and would be during normal studio hours in lieu of another class, or in the evening after normal business hours. 3. The studio will display local artists work for sale in the "retail" section, and all sold artwork will be reported as retail sales. No gallery viewing or shows are scheduled or anticipated at this point. In the future, such an event would be scheduled at most on a quarter yearly basis and would be held after normal business hours. 4. See the corrected attachment (2) for the site plan modifications. 5. Upon review with the fire department, the studio has a B rating, since only one room will be used for instruction. The items listed in sections a -d will be modified once a site -check has been made by Jill Perumean. As stated in a conversation with Mark Krikorian, once the site has been checked and the requirements modified, we will comply with any and all fire safety requirements. 6. We currently received approval for facade improvements under the redevelopment act, and it is our hope that we can work with the City to create improvements to the property that would be in alignment with city expectations and the beautification of the structure and grounds. Again, thank you for taking the time to review this re- submittal, and for all your help in facilitating the approval of this permit. I look forward to hearing from you in the near future. If you need any other information, I would be happy to supply it in a timely manner. Please feel free to call me at 626.437.4892 or email at justfollowvourart@gmail.com. Sincerely, Lauren Hinds Suite Use Square Footage Spaces Required Spaces Used 101 VACANT 700* 3 n/a 102 Art Studio (conditional upon CUP) ?Oa .5 1 201 Accounting 1000* 4 2 202 Accounting 500* 2 2 TOTAL 3O0b gross floor area *approximations) I LI 5 g Time Suite Suite 102 Suite 201 Suite 202 TOTALS Jan 4 9, 2010 101 M /T/W /T /F /S M /T/W /T /F /S M /T/W /T /F /S M /T/W /T /F /S llam -lpm n/a 0/1/1/1/1/0 1/1/1/0/1/1 1/1/1/0/0/0 2/3/3/1/2/1 1pm -3pm n/a 0/0/0/0/0/0 1/0/0/0/1/1 0/1/1/1/1/0 1/1/1/1/2/0 3pm -5pm n/a 1/1/1/1/1/0 2/1/2/2/2/1 1/1/0/0/1/0 4/3/3/3/4/1 After 5pm n/a 0/0/0/0/0/0 0/0/0/0/0/0 0/0/0/0/1/0 0/0/0/0/1/0 Parking Study JustFollowYourArt 400 North Santa Anita Arcadia, CA 91006 ParkinLot Usage Survey (Sample Week): On a daily basis, this parking lot is never full, and the occupants do not use the required amount according to city regulations. On average there are only 4 spaces taken by the current occupants. Even when suite 101 becomes occupied, we can conclude that there will still be ample parking for all occupants. La Porte also provides opportunity for street parking, should an event require additional parking. Parking Study JustFollowYourArt 400 North Santa Anita Arcadia, CA 91006 ParkinLot Usage Survey (Sample Week): On a daily basis, this parking lot is never full, and the occupants do not use the required amount according to city regulations. On average there are only 4 spaces taken by the current occupants. Even when suite 101 becomes occupied, we can conclude that there will still be ample parking for all occupants. La Porte also provides opportunity for street parking, should an event require additional parking. 1. Name or description of project: PRELIMINARY EXEMPTION ASSESSMENT (Certificate of Determination When Attached to Notice of Exemption) Conditional Use Permit Application No. CUP 10 -02 for a 2,992 square -foot art studio with up to 10 students. 2. Project Location Identify street address and cross streets or attach a map showing project site (preferably a USGS 15' or 7W topographical map identified by quadrangle name): 400 N. Santa Anita Avenue, Suite 102 (between La Porte Street and Colorado Boulevard) 3. Entity or person undertaking project: A. City of Arcadia B. Other (Private) 4. Staff Determination: (1) Name: Lauren Bolley Hinds (dba Just Follow Your Art) (2) Address: 400 N. Santa Anita Avenue. Suite 102 Arcadia, CA 91006 (3) Phone: (626) 437 -4892 The City's Staff, having undertaken and completed a preliminary review of this project in accordance with the City's "Local Guidelines for Implementing the Califomia Environmental Quality Act (CEQA)" has concluded that this project does not require further environmental assessment because: a. The proposed action does not constitute a project under CEQA. b. The project is a Ministerial Project. c. The project is an Emergency Project. d. The project constitutes a feasibility or planning study. e. The project is categorically exempt. Applicable Exemption Class: 3 Section No.: 15303 f. The project is statutorily exempt. Applicable Exemption: Section No.: g. The project is otherwise exempt on the following basis: h. The project involves another public agency which constitutes the Lead Agency. Name of Lead Agency: Date: April 5, 2010 Staff: Tim Schwehr, Assistant Planner April 27, 2010 TO: FROM: SUBJECT: SUMMARY BACKGROUND Arcadia Planning Commission Jim Kasama, Community Development Administrator By: Thomas Li, Associate Planner STAFF REPORT Development Services Department Consideration and Recommendation to City Council and the Arcadia Redevelopment Agency to adopt Resolution No. 6717 and ARA Resolution No. 232 adopting local guidelines for implementing the California Environmental Quality Act (Public Resources Code Sections 21000 et seq.) This proposal was initiated by the Development Services Department to adopt City Council Resolution No. 6717 and ARA Resolution No. 232 adopting the revised 2010 local guidelines for implementing the California Environmental Quality Act (CEQA). The proposed 2010 Guidelines are an update of the previous guidelines adopted by the City Council and the Agency Board on June 6, 2006. The Development Services Department recommends the adoption of these resolutions. PUBLIC HEARING NOTIFICATION A public hearing notice of this proposal was published in the Arcadia Weekly on April 15, 2010. The California Environmental Quality Act (CEQA), a part of the Public Resources Code (Sections 21000 et seq.), is California's most important environmental law. It requires all public agencies within the State to evaluate the environmental effects of their actions, avoiding or reducing, when feasible, the significant environmental impacts of their decisions. CEQA requires that all agencies adopt specific objectives, criteria and procedures for evaluating public and private projects. On June 6, 2006, the City Council adopted Resolution No. 6528 and the Redevelopment Agency adopted ARA Resolution No. 220 adopting the 2006 CEQA guidelines. Due to the changes in CEQA during the past years, new guidelines are proposed for adoption. ANALYSIS Since the last local guideline adoption in 2006, numerous amendments were made to the State Guidelines in response to legislation and legal cases that have changed and impacted certain aspects of CEQA. For instance, Senate Bill 97 (SB 97), enacted in 2007, has made a particularly significant impact on the CEQA process. SB 97 resulted in amendments to the State CEQA Guidelines that require a lead agency to analyze the effects a project has on greenhouse gas emissions, identify mitigation measures that would reduce such potentially significant impacts, and establish specific procedures for analyzing potential cumulative impacts of greenhouse gas emissions and for the use of plans for the reduction of greenhouse gas emissions. The amendments do not specify any particular model or methodology that is to be used to quantify greenhouse gas emissions. The modeling, methodology or performance based standards are to be determined by the lead agency. Additionally, several changes were made to the State's sample Environmental Checklist Form to reflect the amendments. The City Attorney's Office has prepared the attached update of the local CEQA Guidelines for the City and Redevelopment Agency to adopt, which are in compliance with the afore-described CEQA requirements. These updated guidelines are tailored to the City's and Agency's specific needs and provide step -by -step procedures for evaluating projects prior to City and /or Agency consideration. The updated guidelines also provide instructions and forms for preparing the environmental documentation required by CEQA. RECOMMENDATION The Development Services Department is recommending adoption of the resolutions. PLANNING COMMISSION ACTION The Planning Commission should direct staff to convey to the City Council and the Redevelopment Agency its recommendations and comments on the proposed local guidelines and the resolutions. 2010 CEQA Guideline Update April 27, 2010 Page 2 of 3 If any Planning Commissioner, or other interested party has any questions or comments regarding this matter prior to the April 27 public hearing, please contact Associate Planner, Thomas Li at (626) 574 -5447 or tli @ci.arcadia.ca.us. Approved by: Ji v%' asama ommunity Development Administrator Attachments: Draft City Council Resolution No. 6717 Draft Redevelopment Agency Resolution No. ARA -232 Memorandum dated March 3, 2010 from Best Best Krieger LLP Draft Local Guidelines and Forms (2010 Revision) 2010 CEQA Guideline Update April 27, 2010 Page 3 of 3 RESOLUTION NO. 6717 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA AMENDING AND ADOPTING LOCAL GUIDELINES FOR IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (PUB. RESOURCES CODE 21000 ET SEQ.) WHEREAS, the California Legislature has amended the California Environmental Quality Act "CEQA (Pub. Resources Code 21000 et seq.) and the State CEQA Guidelines (Cal. Code Regs, tit. 14, 15000 et seq.) and the California courts have interpreted specific provisions of CEQA; and WHEREAS, Section 21082 of CEQA requires all public agencies to adopt objectives, criteria and procedures for the evaluation of public and private projects undertaken or approved by such public agencies, and the preparation, if required, of environmental impact reports and negative declarations in connection with that evaluation; and WHEREAS, the City of Arcadia "City must revise its local guidelines for implementing CEQA to make them consistent with the current provisions and interpretations of CEQA; NOW, THEREFORE, the City of Arcadia hereby resolves as follows: SECTION 1. The City adopts "Local Guidelines for Implementing the California Environmental Quality Act (2010 Revision)," a copy of which is on file at the offices of the City and is available for inspection by the public. SECTION 2. All prior actions of the City enacting earlier guidelines are hereby repealed. SECTION 3. The City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this day of 2010. ATTEST: City Clerk APPROVED AS TO FORM: Stephen P. Deitsch City Attorney 2 00 I e Mayor o t 1CiofArcadia RESOLUTION NO. ARA -232 1 �r e A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF ARCADIA AMENDING AND ADOPTING LOCAL GUIDELINES FOR IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (PUB. RESOURCES CODE 21000 ET SEQ.) WHEREAS, the California Legislature has amended the California Environmental Quality Act "CEQA (Pub. Resources Code 21000 et seq.) and the State CEQA Guidelines (Cal. Code Regs, tit. 14, 15000 et seq.) and the California courts have interpreted specific provisions of CEQA; and WHEREAS, Section 21082 of CEQA requires all public agencies to adopt objectives, criteria and procedures for the evaluation of public and private projects undertaken or approved by such public agencies, and the preparation, if required, of environmental impact reports and negative declarations in connection with that evaluation; and WHEREAS, the Arcadia Redevelopment Agency "Agency must revise its local guidelines for implementing CEQA to make them consistent with the current provisions and interpretations of CEQA; NOW, THEREFORE, the Arcadia Redevelopment Agency hereby resolves as follows: SECTION 1. The Agency adopts "Local Guidelines for Implementing the California Environmental Quality Act (2010 Revision)," a copy of which is on file at the offices of the Agency and is available for inspection by the public. SECTION 2. All prior actions of the Agency enacting earlier guidelines are hereby repealed. SECTION 3. The Secretary of the Agency shall certify to the adoption of this Resolution. Passed, approved and adopted this day of 2010. ATTEST: Secretary Arcadia Redevelopment Agency APPROVED AS TO FORM: Stephen P. Deitsch City Attorney 2 Cha Arcadia Red ment Agency Memorandum To: Project 5 Clients FROM: Best Best Krieger LLP DATE: March 3, 2010 RE: 2010 Summary of Changes to Local CEQA Guidelines Important changes in the law have been incorporated into the 2010 Update to your Local Guidelines for Implementing the California Environmental Quality Act "Local Guidelines For easy reproduction and access to these Local Guidelines, as well as the California Environmental Quality Act "CEQA forms your entity will need, and any other important legal alerts, please access the CEQA client portal at www.bbklaw.net/CEOA. For technical support please contact Gar House at Gar.House @bbklaw.com. Public agencies are required to adopt implementing procedures for administering their responsibilities under CEQA. These procedures include provisions on how the agency will process environmental documents and provide for adequate comment, time periods for review, and lists of permits that are ministerial actions and projects that are considered categorically exempt. Agency procedures should be updated within 120 days after the State CEQA Guidelines are revised. The most recent amendments to the State CEQA Guidelines will become effective on March 18, 2010, which means that your agency should adopt the revised Local CEQA Guidelines on or before July 16, 2010. This memorandum summarizes numerous amendments to your Local Guidelines that were made in response to legislation and legal cases that changed or impacted certain aspects of CEQA between January 2009 and January 2010. Your Local Guidelines and this memorandum are designed to assist in assessing the environmental implications of a project prior to its approval, as mandated by CEQA. We still recommend, however, that you consult with an attorney when you have specific questions on major, controversial or unusual projects or activities. 2010 Revisions to Local CEQA Guidelines Section 1.09. A new section entitled "State Agency Furloughs" was added in response to Executive Order S- 13 -09. This section addresses furlough days of the courts (every third Wednesday of the month) and state office work days (three days per month) imposed by the governor to address budget concerns. These furloughs are scheduled to last until June 30, 2010. This section cautions public agencies to check with state agencies and their attorney to ensure compliance with deadlines impacted by state agency furloughs. Section 2.08. This section was amended to reflect Section 15096, subdivision (i) of the State CEQA Guidelines and to add clarity to the language of this section. The amendment indicates that Responsible Agencies should independently review and consider the adequacy of the Lead Agency's review prior to approval, and that additional review may be required for certain aspects -1- of the project within the Responsible Agency's approval authority. It also clarifies that the Responsible Agency should state that it has considered the Environmental Impact Report "EIR or Negative Declaration as prepared by a Lead Agency. Section 5.11. This section added examples of uniformly applied development policies and standards, as reflected in State CEQA Guidelines section 15183, that can be used to find that environmental effects will not be considered peculiar to the parcel. This list of standards was also amended by the updates to Section 15183 by the California Natural Resources Agency to include "requirements for reducing greenhouse gas emissions, as set forth in adopted land use plan, policies, or regulations." Section 5.18. Substantial additions were made to this section, entitled "Climate Change and Greenhouse Gas Emissions," based on revisions to the State CEQA Guidelines by the California Natural Resources Agency. Part A was added in response to the newly added Section 15064.4 of the State CEQA Guidelines. It highlights the public agency's discretion to choose the model or methodology used for assessing greenhouse gases based on the specific project. It also explains the public agency's need to support that choice with substantial evidence in the record of proceedings, while also explaining any limitations related to that choice. As described in this part, the public agency also has the discretion to rely on qualitative analysis or performance -based standards. Part B describes the tools available for determining thresholds of significance related to greenhouse gases, as added in response to amendments to State CEQA Guidelines section 15125, subdivision (d) and the addition of Section 15064.4. This part highlights the analysis of factors listed in the State CEQA Guidelines, including whether the project provides an overall increase or decrease in greenhouse gas emissions relative to the environmental setting, whether the project exceeds an applicable threshold of significance, and whether the project is consistent with the requirements in an applicable plan. This part also highlights that an EIR must discuss inconsistencies with general plans, specific plans, or regional plans, including air quality attainment plans, regional blueprint plans, and plans for the reduction of greenhouse gas emissions. In adopting thresholds of significance, lead agencies may consider thresholds of significance previously adopted or recommended by other public agencies or by experts, provided the decision is supported by substantial evidence. Additionally, although a project may ultimately comply with adopted regulations or requirements, preparation of an EIR may still be required if there is substantial evidence that the possible effects of a project are nonetheless still cumulatively considerable. Furthermore, this part reiterates the need to analyze greenhouse gas emissions when the incremental contribution from the project's emissions may be cumulatively considerable. Part C describes mitigation measures related to greenhouse gases, as reflected in the amendments to State CEQA Guidelines section 15126.4, subdivision (c). Lead Agencies must consider feasible means of mitigating significant effects of greenhouse gas emissions, and mitigation measures must be supported with substantial evidence and capable of monitoring or reporting. Broad categorical examples of measures are provided in this part, including measures identified in a plan or program for greenhouse gas reduction, project design changes or other measures in -2- Appendix F, offsite measures, sequestration, and the development of a plan for reducing local emissions. Part D discusses the streamlined analysis of greenhouse gas emissions, as reflected in the newly added State CEQA Guidelines section 15183.5. This section highlights the exemption of certain transit priority projects and mixed use projects from greenhouse gas analysis, as provided by the adoption of SB 375, codified in Public Resources Code sections 21155, 21155.2, and 21159.28. This part, however, cautions that even if the exemption is applicable to the project, the Lead Agency may still need to consider whether the project will result in greenhouse gas emissions from other sources. Part E indicates that the analysis of greenhouse gas emission impacts can be performed at a programmatic level, with later project- specific environmental documents "tiered" from that analysis, or through incorporating the programmatic review by reference into the later project specific documents. This part reflects the new addition of State CEQA Guidelines section 15183.5, subdivision (a). Part F describes how a public agency may develop a plan for the reduction of greenhouse gases that can be used for analyzing and mitigating greenhouse gas emissions, as described in the newly added State CEQA Guidelines section 15183.5, subdivision (b). The plan should quantify emissions within a defined area, establish a level where emissions are not cumulatively considerable, identify and analyze emissions from activities or categories within the geographic area, identify measures that will reduce levels in order to achieve emission targets, monitor progress and make changes as necessary in the future, and be adopted through a public process following environmental review. Once adopted, the plan can be used in the cumulative impacts analysis of later projects if the mitigation measures are identified and are binding and enforceable. However, if there is still substantial evidence that a particular project will have a cumulatively considerable impact, despite compliance with the plan, an EIR must be prepared. Section 5.19. A new section entitled "Energy Conservation" was added in response to revisions to State CEQA Guidelines Appendix F, which indicates that potentially significant energy implications in a project must be considered in an EIR, to the extent they are relevant and applicable. This section indicates that the project description should include applicable or relevant energy consuming equipment, energy requirements by fuel type and end use, energy conservation equipment and design features, energy supplies that would serve the project, and the estimated daily vehicle trips and energy consumed by those vehicle trips. The environmental setting may include the local and regional energy supply and use patterns. The public agency may consider the extent to which energy supplies have been adequately considered in other environmental documents. Environmental impacts may include energy requirements and energy use efficiencies, the effect on energy supplies, the effect on peak and base period demands, compliance with existing energy standards, the effects on energy resources, transportation energy use, and the use of efficient transportation alternatives. This section indicates that unavoidable adverse effects include wasteful, inefficient and unnecessary consumption of energy that cannot be feasibly mitigated, and the irreversible -3- commitment of resources can include a discussion of how the project preempts energy development or conservation. Additionally, alternatives should be compared based on overall energy consumption and in terms of reducing wasteful, inefficient, and unnecessary energy consumption. Section 6.12. A new section entitled "Types of Mitigation" was added, which presents potential types of mitigation that a public agency may consider in response to California Native Plant Society v. County of El Dorado (2009) 170 Cal.App.4th 1026, which discussed the mitigation of impacts to rare plants located on a project site. The non exhaustive list of categories that should be considered includes avoidance, preservation, rehabilitation or replacement either on -site or off -site, and/or participation in a fee program. Section 6.21. This section was amended to reflect updates to the Title 14, Section 753.5 of the California Code of Regulations, effective in July 2009, and to indicate the increase in Department of Fish and Game filing fees for a Notice of Determination for a Negative Declaration from $1,993.00 to $2,010.25. This section indicates that if a lead agency believes that the project will have "no effect" on fish and wildlife resources, it should contact the Department of Fish and Game, request a fee exemption, and provide supporting documentation. This section highlights previous examples of projects that qualified for such an exemption, such as minor zone changes that did not lead to physical alterations to the environment, or modifications to existing structures. The "no effect" requirement is a considerably more stringent threshold for the exemption than the prior "de minimis" requirement. Exemptions may only be granted if the project would not result in or have the potential to result in (1) harm, harassment, or take of any fish and/or wildlife species; (2) direct or indirect destruction, ground disturbance, or other modification of any habitat that may support fish and/or wildlife species; (3) the removal of vegetation with potential to support wildlife; (4) noise, vibration, dust, light, pollution, or an alteration in water quality that may affect fish and/or wildlife directly or from a distance; or (5) any interference with the movement of any fish and/or wildlife species. Section 7.12. This section was amended to indicate that all or portions of other documents may be incorporated by reference into Negative Declarations and Mitigated Negative Declarations, as well as EIRs. Section 7.14. Subsection (e) of this section was amended to reflect the addition of "specific plans" to the types of plans that should be analyzed in the EIR for inconsistencies relative to the project. This revision was newly amended in State CEQA Guidelines section 15125, subdivision (d). This subsection was also amended to include examples of such plans, including the applicable air quality attainment or maintenance plan or State Implementation Plan, area -wide waste treatment and water quality control plans, regional transportation plans, regional housing allocation, habitat conservation plans, natural community conservation plans and regional land use plans. To reflect modifications to State CEQA Guidelines section 15125, subdivision (d), regional blueprint plans and plans for the reduction of greenhouse gas emissions have also been included in this list of plans that should be checked for inconsistency with the project in the EIR. Subsection (g) adds a requirement for the EIR to contain potentially significant energy implications of a project, to the extent they are relevant, as was previously indicated in the -4- amendments to Section 5.19 of the Local Guidelines and also reflected in Appendix F of the State CEQA Guidelines. Subsection (j) adds clarification to the analysis of growth- inducing impacts, such that it may include an estimate of the energy consumption of growth that is induced by the project. Section 7.15. A new section entitled "Consideration and Discussion of Significant Environmental Impacts" was added to reflect State CEQA Guidelines section 15126.2, as well as the new amendments that were made within that section of the State CEQA Guidelines. This section indicates that an EIR must identify and focus on significant environmental effects of the project by comparing changes that would result from the project to the physical conditions that exist at the time of the Notice of Preparation. However, if no Notice of Preparation is prepared, then conditions at the time that the environmental review is commenced should be used. Direct and indirect effects and short and long -term effects should be analyzed to include the following: relevant specifics of the area, the resources involved, physical changes, altered ecology, changes in population distribution, population concentrations, land use, associated health and safety problems, impacts from growth inducement, and other aspects that impact resources including water, historical resources, scenic quality, and public services. This section also indicates that an EIR should address environmental effects of bringing people into an area, and reflects amendments in State CEQA Guidelines section 15126.2 related to analyzing the impacts from locating developments within areas susceptible to hazardous conditions, such as floodplains, coastlines, and wildfire risk areas, as identified on authoritative hazard maps, risk assessments, or land use plans addressing such hazards. This section indicates that all significant impacts must be described, including those that cannot be mitigated to a level of less than significant. The implications of unavoidable impacts should be described, as well as the reasons why the project is being proposed, despite their effect. Significant irreversible environmental changes must be discussed, including the use of nonrenewable resources, which may include how the project preempts future energy development or conservation. Evaluation should assure that consumption of resources is justified. Section 7.16. This section, relating to cumulative impacts analysis, was partly amended in response to California Native Plant Society v. County of El Dorado (2009) 170 Cal.App.4th 1026, to indicate that when the public agency is relying on a fee program or mitigation measure, the public agency needs to identify the facts and analysis supporting its conclusion that the cumulative impact is less than significant. This section was also amended to reflect revisions to State CEQA Guidelines section 15064, subdivision (h), allowing the determination that a project's incremental contributions are not cumulatively considerable if the project complies with a previously approved plan or program providing requirements that will avoid or substantially lessen the cumulative problem in the project's geographic area. Such plans and programs include water quality control plans, air quality attainment or maintenance plans, integrated waste management plans, habitat -5- conservation plans, natural community conservation plans, and /or plans or regulations for the reduction of greenhouse gas emissions. This section also indicates that the public agency should explain how the implementation of particular requirements will ensure that the incremental contribution is not cumulatively considerable. This section was also further amended in response to changes in State CEQA Guidelines section 15130, subdivision (b)(1)(B), related to the discussion of significant cumulative impacts. The revision indicates that the required discussion can be satisfied through a summary of projections contained in an adopted planning document describing or evaluating the conditions contributing to the cumulative effect. Such documents include general plans, regional transportation plans, plans for the reduction of greenhouse gas emissions, or adopted or certified environmental documents for such plans. These projections may also be supplemented with information from a regional modeling program. Documents used in creating a summary of projections, however, must be referenced and made available to the public. Section 7.18. This section was amended in response to California Native Plant Society v. City of Santa Cruz (2009) 177 Cal.App.4th 957, and City of Long Beach v. Los Angeles Unified School District (2009), 176 Cal.App.4th 889, related to the evaluation of alternatives. This amendment indicates that a matrix used for displaying the characteristics and significant impacts of each alternative may also identify and compare the extent to which each alternative meets the project objectives. This amendment highlights the importance of discussing the objectives in the alternatives analysis. This section was also amended with respect to the analysis of alternative locations. This amendment indicates that if a previously prepared document is used for the analysis of alternative locations, and it sufficiently analyzed a reasonable range of alternative locations and environmental impacts for a similar project with the same basic purpose, the public agency should incorporate that document by reference into the EIR. Section 7.32. This section was amended to clarify that a Statement of Overriding Considerations must be adopted before a project with unmitigated significant adverse environmental effects can be approved. Additionally, it was amended to indicate that if specific benefits are found to outweigh unavoidable adverse environmental effects, such effects may be considered "acceptable." This section was also amended to clarify that legal benefits may be considered, and to reflect that pursuant to amendments in State CEQA Guidelines section 15093, subdivision (a), region -wide and state -wide environmental benefits may be considered. Section 7.37. This section was amended to reflect the increase in filing fees imposed by the Department of Fish and Game for an EIR from $2,768.25 to $2,792.25. Section 9.02. This section was amended in response to changes in the requirements for organizing the administrative record for litigation, pursuant to California Rules of Court, rule 3.1366, which became effective on January 1, 2010. The administrative record should be organized into the following sections with either separated tabs or electronic bookmarks: (1) an index listing each document in the order presented, with titles, a brief description, and the volume and page where the document begins; (2) the Notice of Determination; (3) resolutions or -6- ordinances adopted approving the project; (4) findings and any statement of overriding considerations; (5) the Final EIR, including the Draft EIR or a revision of the draft, matters included in the Final EIR, and other types of environmental documents prepared under CEQA; (6) the initial study; (7) staff reports in chronological order; (8) transcripts and minutes of hearings in chronological order; and (9) all other documents appropriate for inclusion in the administrative record in chronological order. Oversized documents should be presented in a manner that allows them to be easily unfolded and viewed. This section additionally notes that a court has discretion to allow the documents to be organized in a different manner. Section 10.24. This section was added in response to State CEQA Guidelines section 15364.5, which added the definition of "Greenhouse Gas." The definition includes, but is not solely limited to, carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride. Section 10.67. This section was amended in response to a minor technical edit in State CEQA Guidelines section 15086, subdivision (a)(6), which changed "State Air Resources Board" to "California Air Resources Board." Other Changes. Several other minor grammatical and/or formatting changes were made to the Local Guidelines to facilitate the reading and use of the Local Guidelines. Form H. The form for the Notice of Completion was amended to add greenhouse gases to the list of potential impacts. Form J. The form for the Initial Study Checklist was revised to comply with revisions to the State CEQA Guidelines, as discussed above, and to add new questions addressing greenhouse gases. Form L. The Request for Fee Exemption form was amended to adhere to the sample letter from the California Department of Fish and Game, published September 2009. Conclusion As always, CEQA remains complicated and difficult to apply. The only constant in this area of law is how quickly the rules change. Should you have any questions about any of the provisions discussed above, or about the environmental review of any of your agency's projects, please contact a BB &K attorney for assistance. BEST BEST KRIEGER LLP LOCAL GUIDELINES FOR IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (2010 REVISION) Best Best Krieger LLP TABLE OF CONTENTS Page 1. GENERAL PROVISIONS, PURPOSE AND POLICY 1 -1 1.01 General Provisions 1 -1 1.02 Purpose 1 -1 1.03 Applicability 1 -1 1.04 Reducing Delay and Paperwork 1 -2 1.05 Compliance With State Law 1 -3 1.06 Terminology 1-3 1.07 Partial Invalidity 1 -3 1.08 Electronic Delivery of Comments and Notices 1 -3 1.09 State Agency Furloughs 1 -4 2. LEAD AND RESPONSIBLE AGENCIES 2 -1 2.01 Lead Agency Principle 2-1 2.02 Selection of Lead Agency 2 -1 2.03 Duties of a Lead Agency 2 -1 2.04 Projects Relating to Development of Hazardous Waste and Other Sites 2 -2 2.05 Responsible Agency Principle 2 -3 2.06 Duties of a Responsible Agency 2 -3 2.07 Response to Notice of Preparation by Responsible Agencies 2 -4 2.08 Use of Final EIR or Negative Declaration by Responsible Agencies 2 -4 2.09 Shift in Lead Agency Responsibilities 2 -4 3. ACTIVITIES EXEMPT FROM CEQA 3 -1 3.01 Actions Subject to CEQA 3 -1 3.02 Ministerial Actions 3 -1 3.03 Exemptions in General 3 -2 3.04 Preliminary Exemption Assessment 3 -2 3.05 Notice of Exemption 3 -2 3.06 Disapproved Projects 3 -2 3.07 Projects with No Possibility of Significant Effect 3 -3 3.08 Emergency Projects 3 -3 3.09 Feasibility and Planning Studies 3 -3 3.10 Rates, Tolls, Fares and Charges 3 -3 -i- TABLE OF CONTENTS (continued) Page 3.11 Subsurface Pipelines within a Public Right -of -Way 3 -4 3.12. Certain Residential Housing Projects 3 -4 3.13 Minor Alterations to Fluoridate Water Utilities 3 -10 3.14 Ballot Measures 3 -10 3.15 Transit Priority Project 3 -10 3.16 Other Specific Exemptions 3 -10 3.17 Categorical Exemptions 3 -11 4. TIME LIMITATIONS 4 -1 4.01 Review of Private Project Applications 4 -1 4.02 Determination of Type of Environmental Document 4 -1 4.03 Completion and Adoption of Negative Declaration 4 -1 4.04 Completion and Certification of Final EIR 4 -1 4.05 Projects Subject to the Permit Streamlining Act 4 -1 4.06 Projects, Other Than Those Subject to the Permit Streamlining Act, with Short Time Periods for Approval 4 -2 4.07 Waiver or Suspension of Time Periods 4 -2 5. INITIAL STUDY 5 -1 5.01 Preparation of Initial Study 5 -1 5.02 Informal Consultation with Other Agencies 5 -1 5.03 Consultation with Private Project Applicant 5 -2 5.04 Projects Subject to NEPA 5 -2 5.05 An Initial Study 5 -3 5.06 Contents of Initial Study 5 -3 5.07 Use of a Checklist Initial Study 5 -3 5.08 Evaluating Significant Environmental Effects 5 -4 5.09 Mandatory Findings of Significant Effect 5 -4 5.10 Mandatory Preparation of an EIR for Waste- Burning Projects 5 -6 5.11 Development Pursuant To An Existing Community Plan And EIR 5 -7 5.12 Land Use Policies 5 -7 5.13 Evaluating Impacts on Historical Resources 5 -7 5.14 Evaluating Impacts on Archaeological Sites 5 -8 TABLE OF CONTENTS (continued) Page 5.15 Consultation with Water Agencies Regarding Large Development Projects 5 -9 5.16 Subdivisions with More Than 500 Dwelling Units 5 -11 5.17 Impacts to Oak Woodlands 5 -11 5.18 Climate Change And Greenhouse Gas Emissions 5 -12 5.19 Energy Conservation 5 -15 5.20 Environmental Impact Assessment 5 -16 5.21 Final Determination 5 -16 6. NEGATIVE DECLARATION 6 -1 6.01 Decision to Prepare a Negative Declaration 6 -1 6.02 Decision to Prepare a Mitigated Negative Declaration 6 -1 6.03 Contracting for Preparation of Negative Declaration 6 -1 6.04 Notice of Intent to Adopt a Negative Declaration or Mitigated Negative Declaration 6 -1 6.05 Projects Affecting Military Services; Department of Defense Notification 6 -3 6.06 Special Findings Required for Facilities Which May Emit Hazardous Air Emissions Near Schools 6 -4 6.07 Posting and Publication of Negative Declaration or Mitigated Negative Declaration 6 -4 6.08 Submission of Negative Declaration or Mitigated Negative Declaration to State Clearinghouse 6 -5 6.09 Special Notice Requirements for Waste- and Fuel- Burning Projects 6 -7 6.10 Consultation with Water Agencies Regarding Large Development Projects 6 -8 6.11 Content of Negative Declaration 6 -8 6.12 Types of Mitigation 6-8 6.13 Adoption of Negative Declaration or Mitigated Negative Declaration 6 -8 6.14 Mitigation Reporting or Monitoring Program for Mitigated Negative Declaration 6 -9 6.15 Approval or Disapproval of Project 6 -10 6.16 Recirculation of a Negative Declaration or Mitigated Negative Declaration 6 -10 6.17 Notice of Determination on a Project for Which a Proposed Negative or Mitigated Negative Declaration Has Been Approved 6 -11 6.18 Addendum to Negative Declaration 6 -12 6.19 Subsequent Negative Declaration 6 -12 TABLE OF CONTENTS (continued) Page 6.20 Private Project Costs 6 -13 6.21 Filing Fees for Projects Which Affect Wildlife Resources 6 -13 7. ENVIRONMENTAL IMPACT REPORT 7 -1 7.01 Decision to Prepare an EIR 7 -1 7.02 Contracting for Preparation of EIRs 7 -1 7.03 Notice of Preparation of Draft EIR 7 -1 7.04 Special Notice Requirements for Affected Military Agencies 7 -2 7.05 Preparation of Draft EIR 7 -3 7.06 Consultation with Other Agencies and Persons 7 -3 7.07 Early Consultation on Projects Involving Permit Issuance 7 -5 7.08 Consultation with Water Agencies Regarding Large Development Projects 7 -5 7.09 Airport Land Use Plan 7 -5 7.10 General Aspects of an EIR 7 -5 7.11 Use of Registered Consultants in Preparing EIRs 7 -6 7.12 Incorporation by Reference 7 -6 7.13 Standards for Adequacy of an EIR 7 -7 7.14 Form and Content of EIR 7 -7 7.15 Consideration and Discussion of Significant Environmental Impacts 7 -9 7.16 Analysis of Cumulative Impacts 7 -9 7.17 Analysis of Mitigation Measures 7 -11 7.18 Analysis of Alternatives in an EIR 7 -12 7.19 Analysis of Future Expansion 7 -14 7.20 Notice of Completion of Draft EIR; Notice of Availability of Draft EIR 7 -15 7.21 Submission of Draft EIR to State Clearinghouse 7 -17 7.22 Special Notice Requirements for Waste And Fuel Burning Projects 7 -19 7.23 Time For Review of Draft EIR; Failure to Comment 7 -19 7.24 Public Hearing on Draft EIR 7 -20 7.25 Response to Comments on Draft EIR 7 -20 7.26 Preparation and Contents of Final EIR 7 -21 7.27 Recirculation When New Information Is Added to EIR 7 -21 7.28 Certification of Final EIR 7 -22 -iv- TABLE OF CONTENTS (continued) Page 7.29 Consideration of EIR Before Approval or Disapproval of Project 7 -23 7.30 Findings 7 -23 7.31 Special Findings Required for Facilities Which May Emit Hazardous Air Emissions Near Schools 7 -24 7.32 Statement of Overriding Considerations 7 -24 7.33 Mitigation Monitoring or Reporting Program for EIR 7 -25 7.34 Notice of Determination 7 -27 7.35 Disposition of a Final EIR 7 -28 7.36 Private Project Costs 7 -28 7.37 Filing Fees for Projects Which Affect Wildlife Resources 7 -28 8. TYPES OF FIRS 8 -1 8.01 EIRs Generally 8 -1 8.02 Tiering 8 -1 8.03 Project EIR 8 -1 8.04 Subsequent EIR 8 -2 8.05 Supplemental EIR 8 -3 8.06 Addendum to an EIR 8 -3 8.07 Staged EIR 8 -3 8.08 Program EIR 8 -4 8.09 Use of a Program EIR with Subsequent EIRs and Negative Declarations 8 -4 8.10 Use of an EIR from an Earlier Project 8 -5 8.11 Master EIR 8 -5 8.12 The City May Develop a Fee Program to Fund the Costs of a Focused EIR 8 -6 8.13 Special Requirements for Redevelopment Projects 8 -7 9. CEQA LITIGATION 9 -1 9.01 Timelines 9 -1 9.02 Administrative Record 9 -1 10. DEFINITIONS 10 -1 10.01 "Agricultural Employee" 10 -1 10.02 "Applicant" 10 -1 10.03 "Approval" 10 -1 -v- TABLE OF CONTENTS (continued) Page 10.04 "Baseline" 10 -2 10.05 "Categorical Exemption" 10 -2 10.06 "Census- Defined Place" 10 -2 10.07 "CEQA" 10 -2 10.08 "City" 10 -2 10.09 "Clerk" 10 -2 10.10 "Community -Level Environmental Review" 10 -2 10.11 "Cumulative Impacts" 10 -3 10.12 "Cumulatively Considerable" 10 -3 10.13 "Decisionmaking Body" 10 -3 10.14 "Developed Open Space" 10 -3 10.15 "Development Project" 10 -3 10.16 "Discretionary Project" 10 -3 10.17 "Emergency" 10 -3 10.18 "Endangered, Rare or Threatened Species" 10 -4 10.19 "Environment" 10 -4 10.20 "EIR" 10 -4 10.21 "Feasible" 10 -4 10.22 "Final EIR" 10 -4 10.23 "Guidelines" or "Local CEQA Guidelines" 10 -5 10.24 "Greenhouse Gas" 10 -5 10.25 "Historical Resources" 10 -5 10.26 "Infill Site" 10 -6 10.27 "Initial Study" 10 -6 10.28 "Jurisdiction by Law" 10 -6 10.29 Land Disposal Facility 10 -6 10.30 "Large Treatment Facility" 10 -6 10.31 "Lead Agency" 10 -7 10.32 "Low- Income Households" 10 -7 10.33 "Low- and Moderate Income Households" 10 -7 10.34 "Lower Income Households" 10 -7 -vi- TABLE OF CONTENTS (continued) Page 10.35 "Low -Level Flight Path" 10 -7 10.36 "Major Transit Stop" 10 -7 10.37 "Metropolitan Planning Organization" 10 -8 10.38 "Military Impact Zone" 10 -8 10.39 "Military Service" 10 -8 10.40 "Ministerial" 10 -8 10.41 "Mitigated Negative Declaration" or "MND" 10 -8 10.42 "Mitigation" 10 -8 10.43 "Negative Declaration" or "ND" 10 -9 10.44 "Notice of Completion" 10 -9 10.45 "Notice of Determination" 10 -9 10.46 "Notice of Exemption" 10 -9 10.47 "Notice of Preparation" 10 -9 10.48 "Oak" 10 -9 10.49 "Oak Woodlands" 10 -9 10.50 "Offsite Facility" 10 -9 10.51 "Person" 10 -9 10.52 "Private Project" 10 -10 10.53 "Project" 10 -10 10.54 "Project- Specific Effects" 10 -10 10.55 "Public Water System" 10 -10 10.56 "Qualified Urban Use" 10 -11 10.57 "Residential" 10 -11 10.58 "Responsible Agency" 10 -11 10.59 "Significant Effect" 10 -11 10.60 "Special Use Airspace" 10 -11 10.61 "Staff' 10 -11 10.62 "Standard" 10 -11 10.63 "State Guidelines" or "State CEQA Guidelines" 10 -12 10.64 "Substantial Evidence" 10 -12 10.65 "Sustainable Communities Strategy" 10 -12 -vii- TABLE OF CONTENTS (continued) Page 10.66 "Tiering" 10 -12 10.67 "Transit Priority Project" 10 -12 10.68 "Transportation Facilities" 10 -13 10.69 "Trustee Agency" 10 -13 10.70 "Urbanized Area" 10 -13 10.71 "Urban Growth Boundary" 10 -14 10.72 "Water Acquisition Plans" ,A10 -14 10.73 "Water Assessment" or "Water Supply Assessment" 10 -14 10.74 "Water Demand Project" 10 -15 10.75 "Wetlands" 10 -15 10.76 "Wildlife Habitat" 10 -15 10.77 "Zoning Approval" 10 -16 11. FORMS 11 -1 -viii- Local Guidelines for Implementing the California Environmental Ouality Act (2010j (2010 REVISION) 1. GENERAL PROVISIONS, PURPOSE AND POLICY 1.01 GENERAL PROVISIONS. These Local Guidelines "Local Guidelines are to assist the City of Arcadia "City") in implementing the provisions of the California Environmental Quality Act "CEQA These Local Guidelines are consistent with the Guidelines for the Implementation of CEQA "State Guidelines which have been promulgated by the Resources Agency for the guidance of state and local agencies in California. These Local Guidelines have been adopted pursuant to California Public Resources Code Section 21082. 1.02 PURPOSE. The purpose of these Local Guidelines is to help the City accomplish the following basic objectives of CEQA: (a) To enhance and provide long -term protection for the environment, while providing a decent home and satisfying living environment for every Californian. (b) To provide information to governmental decision makers and the public regarding the potential significant environmental effects of the proposed project. (c) To provide an analysis of the environmental effects of future actions associated with the project to adequately apprise all interested parties of the true scope of the project for intelligent weighing of the environmental consequences of the project. (d) To identify ways that environmental damage can be avoided or significantly reduced. (e) To prevent significant avoidable environmental damage through utilization of feasible project alternatives or mitigation measures. (f) To disclose and demonstrate to the public the reasons why a governmental agency approved the project in the manner chosen. Public participation is an essential part of the CEQA process. Each public agency should encourage wide public involvement, formal and informal, in order to receive and evaluate public reactions to environmental issues related to a public agency's activities. Such involvement should include, whenever possible, making environmental information available in electronic format on the Internet, on a web site maintained or utilized by the public agency. 1.03 APPLICABILITY. These Guidelines apply to any activity of the City which constitutes a "project" as defined in Local Guidelines Section 10.53. These Local Guidelines are also intended to assist the City in determining whether a proposed activity does not constitute a project that is subject to CEQA review, or whether the activity is exempt from CEQA. 2010 City of Arcadia Local Guidelines LOCAL GUIDELINES FOR IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT 1 -1 GENERAL PROVISIONS, PURPOSE AND POLICY ©Best Best Krieger LLP Local Guidelines for hnplementing the California Environmental Quality Act (2010) GENERAL PROVISIONS, PURPOSE AND POLICY An Environmental Impact Report "EIR is required for each such project which may have a significant effect on the environment. When the City finds that a project will have no significant environmental effect, a Negative Declaration or Mitigated Negative Declaration rather than an EIR shall be prepared. An EIR serves several functions for the benefit of the City and the public. An EIR: (1) identifies and analyzes the significant environmental effects of a proposed project; (2) identifies alternatives to the project; and (3) discloses possible ways to reduce or avoid potential environmental damage. These matters are to be evaluated by the City before the project is approved or disapproved. The EIR is an informational document. It should not be used to rationalize approval of a project. CEQA requires that decisions be informed and balanced. It must not be subverted into an instrument for the oppression and delay of social, economic, or recreational development or advancement. Indications of adverse environmental impacts from the project which are identified in the EIR do not necessarily require disapproval of a project. Rather, when an EIR shows that a project would cause substantial adverse changes in the environment, the City must respond to the information by one or more of the following methods: (a) Changing the proposed project; (b) Imposing conditions on the approval of the project; (c) Adopting plans or ordinances to control a broader class of activities to avoid the problems; (d) Choosing an alternative way of meeting the same need; (e) Disapproving the project; or (f) Finding that the unavoidable, significant environmental impact is acceptable pursuant to a Statement of Overriding Considerations. Although CEQA requires that major consideration be given to preventing environmental damage, the City also has an obligation to balance other public objectives for each project including economic and social factors. 1.04 REDUCING DELAY AND PAPERWORK. The State Guidelines encourage local governmental agencies to reduce delay and paperwork by, among other things (a) Integrating the CEQA process into early planning review; to this end, the project approval process and these procedures, to the maximum extent feasible, are to run concurrently, not consecutively; (b) Identifying projects which fit within categorical or other exemptions and are therefore exempt from CEQA processing; (c) Using initial studies to identify significant environmental issues and to narrow the scope of EIRs; (d) Using a Negative Declaration when a project not otherwise exempt will not have a significant effect on the environment; 2010 City of Arcadia Local Guidelines 1 -2 ©Best Best Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act (2010) GENERAL PROVISIONS, PURPOSE AND POLICY (e) (f) (g) (h) (i) (1) (k) (1) (m) (n) (o) (p) (q) (r) Consulting with state and local responsible agencies before and during the preparation of an EIR so that the document will meet the needs of all the agencies which will use it; Allowing applicants to revise projects to eliminate possible significant effects on the environment, thereby enabling the project to qualify for a Negative Declaration rather than an EIR; Integrating CEQA requirements with other environmental review and consultation requirements; Emphasizing consultation before an EIR is prepared, rather than submitting adverse comments on a completed document; Combining environmental documents with other documents, such as general plans; Eliminating repetitive discussions of the same issues by using EIRs on programs, policies or plans and tiering from statements of broad scope to those of narrower scope; Reducing the length of EIRs by means such as setting appropriate page limits; Preparing analytic, rather than encyclopedic EIRs; Mentioning insignificant issues only briefly; Writing EIRs in plain language; Following a clear format for EIRs; Emphasizing the portions of the EIR that are useful to decision makers and the public and reducing emphasis on background material; Incorporating information by reference; and Making comments on EIRs as specific as possible. 1.05 COMPLIANCE WITH STATE LAW. These Local Guidelines are intended to implement the provisions of CEQA and the State Guidelines, and the provisions of CEQA and the State Guidelines shall be fully complied with even though they may not be set forth or referred to herein. 1.06 TERMINOLOGY. The terms "must" or "shall" identify mandatory requirements. The terms "may" and "should" are permissive, with the particular decision being left to the discretion of the City. 1.07 PARTIAL INVALIDITY. In the event any part or provision of these Local Guidelines shall be determined to be invalid, the remaining portions which can be separated from the invalid unenforceable provisions shall continue in full force and effect. 1.08 ELECTRONIC DELIVERY OF COMMENTS AND NOTICES. Individuals may file a written request to receive copies of public notices provided under these Local Guidelines or the State Guidelines. The requestor may elect to receive these notices via email rather than regular mail. Notices sent by email are deemed delivered when the staff person sending the email sends it directed to the last email address provided by the requestor to the public agency. The City may require requests for notices to be renewed annually. 2010 City of Arcadia Local Guidelines 1 -3 ©Best Best Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act (2010) GENERAL PROVISIONS. PURPOSE AND POLICY Individuals may also submit comments on the CEQA documentation for a project via email. Comments submitted via email shall be treated as written comments for all purposes. Comments sent to the public agency via email are deemed received when they actually arrive in an email account of a staff person who has been designated or identified as the point of contact for a particular project. 1.09 STATE AGENCY FURLOUGHS. Due to budget concerns, the Governor instituted mandatory furlough days for state government agencies beginning in 2009. As part of the furlough every court in the state is closed on the third Wednesday of every month. Additionally, most state government offices will be closed three days a month. The closures are schdduled to last until June 30, 2010. If the City has time sensitive materials or needs to consult with a state agency, please check with the applicable state agency office or with the City's attorney to ensure compliance with all applicable deadlines. 2010 City of Arcadia Local Guidelines 1 -4 ©Best Best Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act (2010) 2.01 LEAD AGENCY PRINCIPLE. The City will be the Lead Agency if it will have principal responsibility for carrying out or approving a project. Where a project is to be carried out or approved by more than one public agency, only one agency shall be responsible for the preparation of environmental documents. This agency shall be called the Lead Agency. 2.02 SELECTION OF LEAD AGENCY. Where two or more public agencies will be involved with a project, the Lead Agency shall be designated according to the following criteria: (a) (b) If the project will be carried out by a public agency, that agency shall be the Lead Agency even if the project will be located within the jurisdiction of another public agency. If the project will be carried out by a nongovernmental person or entity, the Lead Agency shall be the public agency with the greatest responsibility for supervising and approving the project as a whole. The Lead Agency will normally be the agency with general governmental powers, rather than an agency with a single or limited purpose. (For example, a district which will provide a public service or utility to the project serves a limited purpose.) If two or more agencies meet this criteria equally, the agency which acts first on the project will be the Lead Agency. If two or more public agencies have a substantial claim to be the Lead Agency under either (a) or (b), they may designate one agency as the Lead Agency by agreement. An agreement may also provide for cooperative efforts by contract, joint exercise of powers, or similar devices. If the agencies cannot agree which agency should be the Lead Agency for preparing the environmental document, any of the disputing public agencies or the project applicant may submit the dispute to the Office of Planning and Research. Within 21 days of receiving the request, the Office of Planning and Research will designate the Lead Agency. The Office of Planning and Research shall not designate a Lead Agency in the absence of a dispute. A "dispute" means a contested, active difference of opinion between two or more public agencies as to which of those agencies shall prepare any necessary environmental document. A dispute exists when each of those agencies claims that it either has or does not have the obligation to prepare that environmental document. 2.03 DUTIES OF A LEAD AGENCY. 2010 City of Arcadia Local Guidelines 2. LEAD AND RESPONSIBLE AGENCIES 2 -1 LEAD AND RESPONSIBLE AGENCIES As a Lead Agency, the City shall decide whether a Negative Declaration, Mitigated Negative Declaration or an EIR will be required for a project and shall prepare, or cause to be prepared, and consider the document before making its decision on whether and how to approve the project. The documents may be prepared by Staff or by private consultants pursuant to a contract with the City. However, the City shall independently review and analyze all draft and final EIRs or Negative Declarations prepared for a project and shall find that the EIR or Negative Declaration reflects the independent judgment of the City prior to approval of the document. If a Draft EIR or Final EIR is prepared under a contract to the City, the contract must be executed OBest Best Krieger LLP Local Guidelines for Implementing the California Environmental Quality Actj20101 LEAD AND RESPONSIBLE AGENCIES within forty -five (45) days from the date on which the City sends a Notice of Preparation. (See Local Guidelines Section 7.02.) During the process of preparing an EIR, the City shall have the following duties: (a) Immediately after deciding that an EIR is required for a project, the City shall send to the Office of Planning and Research and each Responsible Agency a Notice of Preparation (Form "G stating that an EIR will be prepared. (See Local Guidelines Section 7.03.) (b) The City shall prepare or cause to be prepared the Draft EIR for the project. (See Local Guidelines Sections 7.05 and 7.14.) (c) Once the Draft EIR is completed, the City shall file a Notice of Completion (Form "H with the Office of Planning and Research. (See Local Guidelines Section 7.20.) (d) The City shall consult with state, federal and local agencies which exercise authority over resources which may be affected by the project for their comments on the completed Draft EIR. (See, e.g., Local Guidelines Sections 5.02, 5.15, Section 7.21.) (e) The City shall provide public notice of the availability of a Draft EIR (Form "K at the same time that it sends a Notice of Completion to the Office of Planning and Research. (See Local Guidelines Section 7.20.) (f) The City shall evaluate comments on environmental issues received from persons who reviewed the Draft EIR and shall prepare or cause to be prepared a written response to all comments that raise significant environmental issues and that were timely received during the public comment period. A written response must be provided to all public agencies who commented on the project during the public review period at least ten (10) days prior to certifying an EIR. (See Local Guidelines Section 7.25.) (g) The City shall prepare or cause to be prepared a Final EIR before approving the project. (See Local Guidelines Section 7.26.) (h) The City shall certify that the Final EIR has been completed in compliance with CEQA and has been reviewed by the City Council. (See Local Guidelines Section 7.28.) (i) The City shall include in the Final EIR any comments received from a Responsible Agency on the Notice of Preparation or the Draft EIR. (See Local Guidelines Sections 2.07, 7.25 and 7.26.) As Lead Agency, the City may charge a non elected body, such as the Planning Department, Development Services Department or Planning Commission, with the responsibility of making a finding of exemption or adopting, certifying or authorizing environmental documents; however, the City must have a procedure allowing for the appeal of the CEQA decisions of any non elected body to the City Council. Existing provisions of the municipal code may be used to satisfy this requirement. 2.04 PROJECTS RELATING TO DEVELOPMENT OF HAZARDOUS WASTE AND OTHER SITES. An applicant for a development project must submit a signed statement to the City stating whether the project and any alternatives are located on a site which is included in any list compiled by the Secretary for Environmental Protection of the California Environmental Protection Agency "California EPA listing hazardous waste sites and other specified sites located in the City. The applicant's statement must contain the following information: 2010 City of Arcadia Local Guidelines 2 -2 ©Best Best Krieger LLP Local Guidelines for Implementing the California Environmental Ouality Act (2010) LEAD AND RESPONSIBLE AGENCIES (a) The applicant's name, address, and phone number. (b) Address of site, and local agency (city /county). (c) Assessor's book, page, and parcel number. (d) The list which includes the site, identification number, and date of list. Before accepting as complete an application for any development project as defined in Local Guidelines Section 10.15, the City shall consult lists compiled by the Secretary for Environmental Protection of the California EPA pursuant to Government Code Section 65962.5 listing hazardous waste sites and other specified sites located in the City. The City shall notify an applicant for a development project if the project site is located on such a list and not already identified. In the Notice of Intent to Adopt a Negative Declaration or Mitigated Negative Declaration (see Local Guidelines Section 6.04) or the Notice of Preparation of Draft EIR (see Local Guidelines Section 7.03), the City shall specify the California EPA list, if any, which includes the project site, and shall provide the information contained in the applicant's statement. This provision does not apply to projects for which applications have been deemed complete on or before January 1, 1992. 2.05 RESPONSIBLE AGENCY PRINCIPLE. When a project is to be carried out or approved by more than one public agency, all public agencies other than the Lead Agency which have discretionary approval power over the project shall be identified as Responsible Agencies. 2.06 DUTIES OF A RESPONSIBLE AGENCY. When it is identified as a Responsible Agency, the City shall consider the environmental documents prepared or caused to be prepared by the Lead Agency and reach its own conclusions on whether and how to approve the project involved. The City shall also both respond to consultation by the Lead Agency and attend meetings as requested by the Lead Agency to assist the Lead Agency in preparing adequate environmental documents. The City should also review and comment on Draft EIRs and Negative Declarations. Comments shall be limited to those project activities which are within the City's area of expertise or are required to be carried out or approved by the City or are subject to the City's powers. As a Responsible Agency, the City may identify significant environmental effects of a project for which mitigation is necessary. As a Responsible Agency, the City may submit to the Lead Agency proposed mitigation measures which would address those significant environmental effects. If mitigation measures are required, the City should submit to the Lead Agency complete and detailed performance objectives for such mitigation measures which would address the significant environmental effects identified, or refer the Lead Agency to appropriate, readily available guidelines or reference documents. Any mitigation measures submitted to the Lead Agency by the City shall be limited to measures which mitigate impacts to resources that are within the City's authority. For private projects, the City, as a Responsible Agency, may require the project proponent to provide such information as may be required and to reimburse the City for all costs incurred by it in reporting to the Lead Agency. 2010 City of Arcadia Local Guidelines 2 -3 ©Best Best Krieger LLP Local Guidelines for hnplementing the Califomia Environmental Quality Act (2010) LEAD AND RESPONSIBLE AGENCIES 2.07 RESPONSE TO NOTICE OF PREPARATION BY RESPONSIBLE AGENCIES. Within thirty (30) days of receipt of a Notice of Preparation of an EIR, the City, as a Responsible Agency, shall specify to the Lead Agency the scope and content of the environmental information related to the City's area of statutory responsibility in connection with the proposed project. At a minimum, the response shall identify the significant environmental issues and possible alternatives and mitigation which the City, as a Responsible Agency, will need to have explored in the Draft EIR. Such information shall be specified in writing, shall be as specific as possible, and shall be communicated to the Lead Agency, by certified mail or any other method of transmittal which provides it with a record that the response was received. The Lead Agency shall incorporate this information into the EIR. 2.08 USE OF FINAL EIR OR NEGATIVE DECLARATION BY RESPONSIBLE AGENCIES. The City, as a Responsible Agency, shall consider the Lead Agency's Final EIR or Negative Declaration before acting upon or approving a proposed project. The City must independently review and consider the adequacy of the Lead Agency's environmental documents prior to approving any portion of the proposed project. In certain instances the City may require that a Subsequent EIR or a Supplemental EIR be prepared to fully address those aspects of the project over which the City has approval authority. Mitigation measures and alternatives deemed feasible and relevant to the City's role in carrying out the project shall be adopted. Findings which are relevant to the City's responsibility shall be made. After the City decides to approve or carry out part of a project for which an EIR or negative declaration has previously been prepared by the Lead Agency, the Responsible Agency should file a Notice of Determination with the County Clerk within five (5) days of approval, but need not state that the Lead Agency's EIR or Negative Declaration complies with CEQA. The Responsible Agency should state that it considered the EIR or Negative Declaration as prepared by a Lead Agency. 2.09 SHIFT IN LEAD AGENCY RESPONSIBILITIES. The City, as a Responsible Agency, shall assume the role of the Lead Agency if any one of the following three conditions is met: (a) The Lead Agency did not prepare any environmental documents for the project, and the statute of limitations has expired for a challenge to the action of the appropriate Lead Agency. (b) The Lead Agency prepared environmental documents for the project, and all of the following conditions occur: (1) A Subsequent or Supplemental EIR is required; (2) The Lead Agency has granted a final approval for the project; and (3) The statute of limitations has expired for a challenge to the action of the appropriate Lead Agency. (c) The Lead Agency prepared inadequate environmental documents without providing public notice of a Negative Declaration or sending Notice of Preparation of an EIR to 2010 City of Arcadia Local Guidelines 2 -4 ©Best Best Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act (2010) LEAD AND RESPONSIBLE AGENCIES Responsible Agencies and the statute of limitations has expired for a challenge to the action of the appropriate Lead Agency. 2010 City of Arcadia Local Guidelines 2 -5 ©Best Best Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act (2010) 3.01 ACTIONS SUBJECT TO CEQA. "Project" does not include: 3.02 MINISTERIAL ACTIONS. 2010 City of Arcadia Local Guidelines 3. ACTIVITIES EXEMPT FROM CEQA ACTIVITIES EXEMPT FROM CEQA CEQA applies to discretionary projects proposed to be carried out or approved by public agencies such as the City. If the proposed activity does not come within the definition of "project" contained in Local Guidelines Section 10.53, it is not subject to environmental review under CEQA. (a) Proposals for legislation to be enacted by the State Legislature; (b) Continuing administrative or maintenance activities, such as purchases for supplies, personnel- related actions, and general policy and procedure making (except as provided in Local Guidelines Section 10.53); (c) The submittal of proposals to a vote of the people in response to a petition drive initiated by voters, or the enactment of a qualified voter sponsored initiative under California Constitution Art. II, Section 11(a) and Election Code Section 9214; (d) The creation of government funding mechanisms or other government fiscal activities that do not involve any commitment to any specific project which may have a potentially significant physical impact on the environment. Government funding mechanisms may include, but are not limited to, assessment districts and community facilities districts; (e) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment; and (f) Activities that do not result in a direct or reasonably foreseeable indirect physical change in the environment. Ministerial actions are not subject to CEQA review. A ministerial action is one that is approved or denied by a decision which a public official or a public agency makes that involves only the use of fixed standards or objective measurements without personal judgment or discretion. When a project involves an approval that contains elements of both a ministerial and discretionary nature, the project will be deemed to be discretionary and subject to the requirements of CEQA. The decision whether a proposed project or activity is ministerial in nature may involve or require, to some extent, interpretation of the language of the legal mandate, and should be made on a case -by -case basis. The following is a non exclusive list of examples of ministerial activities: (a) Issuance of business licenses; (b) Approval of final subdivision maps and final parcel maps; (c) Approval of individual utility service connections and disconnections; (d) Issuance of licenses; (e) Issuance of a permit to do street work; and (f) Issuance of building permits where the City does not retain significant discretionary power to modify or shape the project. 3 -1 ©Best Best Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act (2010) ACTIVITIES EXEMPT FROM CEQA 3.03 EXEMPTIONS IN GENERAL. CEQA and the State Guidelines exempt certain activities and provide that local agencies should further identify and describe certain exemptions. The requirements of CEQA and the obligation to prepare an E1R, Negative Declaration or Mitigated Negative Declaration do not apply to the exempt activities which are set forth in CEQA, the State Guidelines and Chapter 3 of these Local Guidelines. 3.04 PRELIMINARY EXEMPTION ASSESSMENT. If, in the judgment of Staff, a proposed activity is exempt, Staff should so find on the form entitled "Preliminary Exemption Assessment" (Form "A The Preliminary Exemption Assessment shall be retained at City Hall as a public record. 3.05 NOTICE OF EXEMPTION. After City approval of an exempt project, a "Notice of Exemption" (Form `B may be filed by Staff with the Clerk. If City exempts an agricultural housing, affordable housing, or residential infill project under State Guidelines Sections 15193, 15194 or 15195 and the City approves or determines to carry out that project, it must file a notice with the Office of Planning and Research "OPR identifying the exemption. The Preliminary Exemption Assessment shall be attached to the Notice of Exemption for filing. If filed, the Clerk must post the Notice within twenty -four (24) hours of receipt, and the Notice must remain posted for thirty (30) days. Although no California Department of Fish and Game "DFG filing fee is applicable to exempt projects, most counties customarily charge a documentary handling fee to pay for record keeping on behalf of the DFG. Refer to the Index in the Staff Summary to determine if such a fee will be required for the project. The filing of a Notice of Exemption is recommended because it starts a 35 -day statute of limitations on legal challenges to the City's determination that the project is exempt from CEQA. The City is encouraged to make postings of all filed notices available in electronic format on the Internet. These electronic postings are in addition to the procedures required by the State Guidelines and the Public Resources Code. If a Notice of Exemption is not filed, a 180 -day statute of limitations will apply. Please see Local Guidelines Section 3.12 for certain circumstances in which the City is required to file a Notice of Exemption. When a request is made for a copy of the Notice prior to the date on which the City determines the project is exempt, the Notice must be mailed, first class postage prepaid, within five (5) days after the City's determination. If such a request is made following the City's determination, then the copy should be mailed in the same manner as soon as possible. 3.06 DISAPPROVED PROJECTS. Projects which the Lead Agency rejects or disapproves are exempt. An applicant shall not be relieved of paying the costs for an EIR or Negative Declaration prepared for a project prior to the Lead Agency's disapproval of the project. 2010 City of Arcadia Local Guidelines 3 -2 ©Best Best Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act (20101 ACTIVITIES EXEMPT FROM CEOA 3.07 PROJECTS WITH NO POSSIBILITY OF SIGNIFICANT EFFECT. Where it can be seen with absolute certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is exempt. 3.08 EMERGENCY PROJECTS. The following types of emergency projects are exempt: (The term "emergency" is defined in Local Guidelines Section 10.17.) (a) Work in a disaster stricken area in which a state of emergency has been proclaimed by the Governor pursuant to Section 8550 of the Government Code. This includes projects that will remove, destroy, or significantly alter a historical resource when that resource represents an imminent threat to the public of bodily harm or of damage to adjacent property or when the project has received a determination by the State Office of Historic Preservation pursuant to Section 5028(b) of the Public Resources Code. (b) Emergency repairs to publicly or privately owned service facilities necessary to maintain service essential to the public health, safety or welfare. (c) Projects necessary to prevent or mitigate an emergency. This does not include long -term projects undertaken for the purpose of preventing or mitigating a situation that has a low probability of occurrence in the short-term. (d) Projects undertaken, carried out, or approved by a public agency to maintain, repair, or restore an existing highway damaged by fire, flood, storm, earthquake, land subsidence, gradual earth movement, or landslide, provided that the project is within the existing right of way of that highway and is initiated within one year of the damage occurring. This exemption does not apply to highways designated as official state scenic highways, nor to any project undertaken, carried out, or approved by a public agency to expand or widen a highway damaged by fire, flood, storm, earthquake, land subsidence, gradual earth movement, or landslide; and (e) Seismic work on highways and bridges pursuant to Section 180.2 of the Streets and Highways Code Section. 3.09 FEASIBILITY AND PLANNING STUDIES. A project that involves only feasibility or planning studies for possible future actions which the City has not yet approved, adopted or funded is exempt. 3.10 RATES, TOLLS, FARES AND CHARGES. The establishment, modification, structuring, restructuring or approval of rates, tolls, fares or other charges by the City that the City finds are for one or more of the purposes listed below are exempt. (a) Meeting operating expenses, including employee wage rates and fringe benefits; (b) Purchasing or leasing supplies, equipment or materials; (c) Meeting financial reserve needs and requirements; or (d) Obtaining funds for capital projects necessary to maintain service within existing service areas. 2010 City of Arcadia Local Guidelines 3 -3 ©Best Best Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act (2010) ACTIVITIES EXEMPT FROM CEOA (e) When the City determines that one of the aforementioned activities pertaining to rates, tolls, fares or charges is exempt from the requirements of CEQA, it shall incorporate written findings setting forth the specific basis for the claim of exemption in the record of any proceeding in which such an exemption is claimed. 3.11 SUBSURFACE PIPELINES WITHIN A PUBLIC RIGHT -OF -WAY. The installation of a new pipeline or the maintenance, repair, restoration, reconditioning, relocation, replacement, removal or demolition of an existing subsurface pipeline is exempt where the project is less than one mile in length and located within a public street, highway or any other public right -of -way. 3.12 CERTAIN RESIDENTIAL HOUSING PROJECTS. CEQA does not apply to the construction, conversion, or use of residential housing if the project meets all of the general requirements described in Section A below and satisfies the specific requirements for any one of the following three categories: (1) agricultural housing (Section B below), (2) affordable housing projects in urbanized areas (Section C below), or (3) affordable housing projects near major transit stops (Section D below). A. General Requirements. The construction, conversion, or use of residential housing units affordable to low income households (as defined in Section 10.32) located on an infill site in an urbanized area is exempt from CEQA if all of the following general requirements are satisfied: 2010 City of Arcadia Local Guidelines (1) The project is consistent with: (a) Any applicable general plan, specific plan, or local coastal program, including any mitigation measures required by such plan or program, as that plan or program existed on the date that the application was deemed complete; and (b) Any applicable zoning ordinance, as that zoning ordinance existed on the date that the application was deemed complete. However, the project may be inconsistent with zoning if the zoning is inconsistent with the general plan and the project site has not been rezoned to conform to the general plan; (2) Community level environmental review has been adopted or certified; (3) The project and other projects approved prior to the approval of the project can be adequately served by existing utilities, and the project applicant has paid, or has committed to pay, all applicable in -lieu or development fees; (4) The project site meets all of the following four criteria relating to biological resources: (a) The project site does not contain wetlands; (b) The project site does not have any value as a wildlife habitat; 3 -4 ©Best Best Krieger LLP Local Guidelines for Implementing the Califomia Environmental Quality Act (2010) ACTIVITIES EXEMPT FROM CEOA (5) 2010 City of Arcadia Local Guidelines (c) The project does not harm any species protected by the federal Endangered Species Act of 1973, the Native Plant Protection Act, or the California Endangered Species Act; and (d) The project does not cause the destruction or removal of any species protected by a local ordinance in effect at the time the application for the project was deemed complete; The site is not included on any list of facilities and sites compiled pursuant to Government Code Section 65962.5; (6) The project site is subject to a preliminary endangerment assessment prepared by a registered environmental assessor to determine the existence of any release of a hazardous substance on the site and to determine the potential for exposure of future occupants to significant health hazards from any nearby property or activity. In addition, the following steps must have been taken in response to the results of this assessment: (a) If a release of a hazardous substance is found to exist on the site, the release shall be removed or any significant effects of the release shall be mitigated to a level of insignificance in compliance with state and federal requirements; or (b) If a potential for exposure to significant hazards from surrounding properties or activities is found to exist, the effects of the potential exposure shall be mitigated to a level of insignificance in compliance with state and federal requirements; (7) The project does not have a significant effect on historical resources pursuant to Section 21084.1 of the Public Resources Code (See Local Guidelines Section 10.25.); (8) The project site is not subject to wildland fire hazard, as determined by the Department of Forestry and Fire Protection; unless the applicable general plan or zoning ordinance contains provisions to mitigate the risk of a wildland fire hazard. (9) The project site does not have an unusually high risk of fire or explosion from materials stored or used on nearby properties; (10) The project site does not present a risk of a public health exposure at a level that would exceed the standards established by any state or federal agency; (11) Either the project site is not within a delineated earthquake fault zone, or a seismic hazard zone, as determined pursuant to Section 2622 and 2696 of the Public Resources Code respectively, or the applicable general plan or zoning ordinance contains provisions to mitigate the risk of an earthquake or seismic hazard. 3 -5 OBest Best Krieger LLP Local Guidelines for Implementing the Califomia Environmental Quality Act (2010) ACTIVITIES EXEMPT FROM CEOA 2010 City of Arcadia Local Guidelines (12) Either the project site does not present a landslide hazard, flood plain, flood way, or restriction zone, or the applicable general plan or zoning ordinance contains provisions to mitigate the risk of a landslide or flood. (13) The project site is not located on developed open space; (14) The project site is not located within the boundaries of a state conservancy; (15) The project site has not been divided into smaller projects to qualify for one or more of the exemptions for affordable housing, agricultural housing, or residential infill housing projects found in the subsequent sections; and (16) The project meets the requirements set forth in either Public Resources Code Sections 21159.22, 21159.23 or 21159.24. B. Specific Requirements for Agricultural Housing. (Public Resources Code Sections 21084, 21159.22, and State Guidelines Section 15192.) CEQA does not apply to the construction, conversion, or use of residential housing for agricultural employees that meets all of the general requirements described above in Section A and meets the following additional criteria: (1) The project either: (a) Is affordable to lower income households, lacks public financial assistance, and the developer has provided sufficient legal commitments to ensure the continued availability and use of the housing units for lower income households for a period of at least fifteen (15) years; or (b) If public financial assistance exists for the project, then the project must be housing for very low, low or moderate income households and the developer of the project has provided sufficient legal commitments to the appropriate local agency to ensure the continued availability and use of the housing units for low- and moderate income households for a period of at least fifteen (15) years; (2) The project site is adjacent on at least two sides to land that has been developed and the project consists of not more than forty -five (45) units or provides dormitories, barracks, or other group- living facilities for a total of forty -five (45) or fewer agricultural employees, and either: (a) The project site is within incorporated city limits or within a census defined place with a minimum population density of at least five thousand (5,000) persons per square mile; or (b) The project site is within incorporated city limits or within a census- defined place and the minimum population density of the 3 -6 ©Best Best Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act (2010) ACTIVITIES EXEMPT FROM CEQA census defined place is at least one thousand (1,000) persons per square mile, unless the Lead Agency determines that there is a reasonable possibility that the project, if completed, would have a significant effect on the environment due to unusual circumstances or that the cumulative effects of successive projects of the same type in the same area would, over time, be significant; If the project is located on a site zoned for general agricultural use, it must consist of twenty (20) or fewer units, or, if the housing consists of dormitories, barracks, or other group living facilities, the project must not provide housing for more than twenty (20) agricultural employees; and (4) The project is not more than two (2) acres in area if the project site is located in an area with a population density of at least one thousand (1,000) persons per square mile, and is not more than five (5) acres in area for all other project sites. C. Specific Requirements for Affordable Housing Projects in Urbanized Areas. (Reference: Public Resources Code Sections 21083, 21159.23 and State Guidelines Section 15194.) CEQA does not apply to any development project that consists of the construction, conversion, or use of residential housing consisting of one hundred (100) or fewer units that are affordable to low income households if all of the general requirements described in Section A above are satisfied and the following additional criteria are also met: (1) The developer of the project provides sufficient legal commitments to the local agency to ensure the continued availability and use of the housing units for lower income households for a period of at least thirty (30) years, at monthly housing costs deemed to be "affordable rent" for lower income, very low income, and extremely low income households, as determined pursuant to Section 50053 of the Health and Safety Code; (3) 2010 City of Arcadia Local Guidelines (2) The project site: (a) Has been previously developed for qualified urban uses; (b) Is immediately adjacent to parcels that are developed with qualified urban uses; or (c) At least 75% of the perimeter of the site adjoins parcels that are developed with qualified urban uses and the remaining 25% of the perimeter of the site adjoins parcels that have previously been developed for qualified urban uses, the site has not been developed for urban uses and no parcel within the site has been created within ten (10) years prior to the proposed development of the site; (3) The project site is not more than five (5) acres in area; and (4) The project site meets one of the following requirements regarding population density: 3 -7 ©Best Best Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act (2010) ACTIVITIES EXEMPT FROM CEOA (a) The project site is within an urbanized area or within a census defined place with a population density of at least five thousand (5,000) persons per square mile; or (b) If the project consists of fifty (50) or fewer units, the project site is within an incorporated city with a population density of at least twenty -five hundred (2,500) persons per square mile and a total population of at least twenty -five thousand (25,000) persons; or (c) The project site is within either an incorporated city or a census defined place with a population density of one thousand (1,000) persons per square mile, unless there is a reasonable possibility that the project would have a significant effect on the environment due to unusual circumstances or due to the ref ted or cumulative impacts of reasonably foreseeable projects in the vicinity of the project. D. Specific Requirements for Affordable Housing Projects Near Major Transit Stops. (Reference: Public Resources Code Sections 21083, 21159.24 and State Guidelines Section 15195.) CEQA does not apply to a residential project on an infill site within an urbanized area if all of the general requirements described above in Section A are satisfied and the following additional criteria are also met: (1) Within five (5) years prior to the date that the application for the project is deemed complete, community -level environmental review was certified or adopted. This exemption does not apply, however, if new information about the project or substantial changes regarding the circumstances surrounding the project become available after the community -level environmental review was certified or adopted; 2010 City of Arcadia Local Guidelines (2) The site is not more than four (4) acres in total area; (3) The project does not contain more than one hundred (100) residential units; (4) The project meets either of the following criteria: (a) At least 10% of the housing is sold to families of moderate income or rented to families of low income, or at least 5% of the housing is rented to families of very low income, and the project developer has provided sufficient legal commitments to ensure the continued availability and use of the housing units for very low, low and moderate income households at monthly housing costs; or (b) The project developer has paid or will pay in -lieu fees sufficient to pay for the development of the same number of units that would otherwise be sold or rented to families of moderate or very low income pursuant to subparagraph (a); (5) The project is within one -half mile of a major transit stop; 3 -8 ©Best Best Krieger LLP Local Guidelines for Implementing the Califomia Environmental Quality Act (2010) ACTIVITIES EXEMPT FROM CEOA 2010 City of Arcadia Local Guidelines (6) The project does not include any single -level building that exceeds one hundred thousand (100,000) square feet; and (7) The project promotes higher density infill housing. A project with a density of at least 20 units per acre shall be conclusively presumed to promote higher density infill housing. A project with a density of at least 10 units per acre and a density greater than the average density of the residential properties within 1,500 feet shall be presumed to promote higher density housing unless the preponderance of the evidence demonstrates otherwise. (8) Exception. (a) The Exemption for Affordable Housing Projects near Major Transit Stops does not apply if any one of the following criteria is met: 1. There is a reasonable possibility that the project will have a project- specific, significant effect on the environment due to unusual circumstances; 2. Substantial changes have occurred since community -level environmental review was adopted or certified with respect to the circumstances under which the project is being undertaken, and those changes are related to the project; or 3. New information regarding the circumstances under which the project is being undertaken has become available, and that new information is related to the project and was not known and could not have been known at the time of the community -level environmental review. (b) If a project satisfies any one of the three criteria described above in Section 3.12D(8)(a), the environmental effects of the project must be analyzed in an Environmental Impact Report or a Negative Declaration. The environmental analysis shall be limited to the project- specific effects and any effects identified pursuant to Section 3.12D(8)(a). E. Whenever the Lead Agency determines that a project is exempt from environmental review based on Public Resources Code Section 21159.22 [Section 3.12B of these Local Guidelines], 21159.23 [Section 3.12C of these Local Guidelines], or 21159.24 [Section 3.12D of these Local Guidelines], Staff and/or the proponent of the project shall file a Notice of the Determination of Exemption with the Office of Planning and Research within five (5) working days after the approval of the project. (a) (b) 3 -9 ©Best Best Krieger LLP Local Guidelines for Implementing the California Environmental Duality Act (2010) ACTIVITIES EXEMPT FROM CEQA 3.13 MINOR ALTERATIONS TO FLUORIDATE WATER UTILITIES. Minor alterations to water utilities made for the purpose of complying with the fluoridation requirements of Health and Safety Code Sections 116410 and 116415 or regulations adopted thereunder are exempt. 3.14 BALLOT MEASURES. The definition of project in the State Guidelines specifically excludes the submittal of proposals to a vote of the people of the state or of a particular community. This exemption does not apply to the public agency that sponsors the initiative. When a governing body makes a decision to put a measure on the ballot, that decision may be discretionary and therefore subject to CEQA. In contrast, the enactment of a qualified voter sponsored initiative under California Constitution Art. II, Section 11(a) and Election Code Section 9214 is not a project and therefore is not subject to CEQA review. (See Local Guidelines Section 3.01.) 3.15 TRANSIT PRIORITY PROJECT Exemption: Transit priority projects that are part of either a sustainable community project consistent with the Sustainable Community Strategy or an alternative planning strategy are exempt. To qualify for the full CEQA exemption, the project must be a "transit priority project" for which the California Air Resources Board has accepted a determination that the Sustainable Communities Strategy or the alternative planning strategy would, if implemented, achieve the greenhouse gas emission reduction targets. (Local Guidelines Section 10.66) To qualify for the exemption, the decision making body must hold a hearing and make findings that the project meets all of Public Resources Code Section 21155.1's environmental, housing, and public safety conditions and requirements. Streamlined Review: A Transit Priority Project that has incorporated all feasible mitigation measures or criteria set forth in a prior environmental impact report may be eligible for streamlined environmental review. For a complete description of the requirements for this streamlined review see Public Resources Code Section 21155.2. Similarly, the environmental review for a residential or mixed use residential project may limit, or entirely omit, its discussion of growth- inducing impacts or impacts from traffic on global warming under certain limited circumstances. For complete requirements see Public Resources Code Section 21159.28. Note that neither the exemption nor the streamlined review will apply until: (1) the Air Resources Board sets target greenhouse gas emissions levels, a process that may not be completed until September 30, 2010; and (2) the applicable Metropolitan Planning Organization prepares and adopts a Sustainable Communities Strategy for the region. 3.16 OTHER SPECIFIC EXEMPTIONS. CEQA and the State Guidelines exempt many other specific activities, including early activities related to thermal power plants, ongoing projects, transportation improvement programs, family day care homes, congestion management programs, railroad grade separation projects, restriping of streets or highways to relieve traffic congestion, and hazardous or volatile liquid pipelines. Specific statutory exemptions are listed in the Public Resources Code, 2010 City of Arcadia Local Guidelines 3 -10 ©Best Best Krieger LLP Local Guidelines for Implementing the California Environmental Ouality Act (2010) ACTIVITIES EXEMPT FROM CEOA including Sections 21080 through 21080.33, and in the State Guidelines, including Sections 15260 through 15285. 3.17 CATEGORICAL EXEMPTIONS. The State Guidelines establish certain classes of categorical exemptions. These apply to classes of projects which have been determined not to have a significant effect on the environment and which, therefore, are generally exempt. Compliance with the requirements of CEQA or the preparation of environmental documents for any project which comes within one of these classes of categorical exemptions is not required. The classes of projects are briefly summarized below. (Reference to the State Guidelines for the full description of each exemption is recommended.) The exemptions for Classes 3, 4, 5, 6 and 11 below are qualified in that such projects must be considered in light of the location of the project. A project that is ordinarily insignificant in its impact on the environment may, in a particularly sensitive environment, be significant. Therefore, these classes are considered to apply in all instances except when the project may impact on an environmental resource of hazardous or critical concern which has been designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies. All classes of categorical exemptions are qualified. These exemptions are inapplicable if any of the following circumstances exist: (1) The cumulative impact of successive projects of the same type in the same place over time is significant; (2) There is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances. (3) The project may result in damage to a scenic or a substantial adverse change to a historical resource; or (4) The project is located on a site which is included on any hazardous waste site or list compiled pursuant to Government Code Section 65962.5. With the foregoing limitations in mind, the following classes of activity are generally exempt: Class 1: Existing Facilities. Activities involving the operation, repair, maintenance, permitting, leasing, licensing, minor alteration of or legislative activities to regulate, existing public or private structures, facilities, mechanical equipment or other property, or topographical features, provided the activity involves negligible or no expansion of use beyond that existing at the time of the City's determination. The types of "existing facilities" itemized in Class 1 are not intended to be all- inclusive of the types of projects which might fall within Class 1. The key consideration is whether the project involves negligible or no expansion of an existing use. (State Guidelines Section 15301.) 2010 City of Arcadia Local Guidelines 3 -11 ©Best Best Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act (2010) ACTIVITIES EXEMPT FROM CEQA Class 2: Replacement or Reconstruction. Replacement or reconstruction of existing facilities, structures, or other property where the new facility or structure will be located on the same site as the replaced or reconstructed facility or structure and will have substantially the same purpose and capacity as the replaced or reconstructed facility or structure. (State Guidelines Section 15302.) Class 3: New Construction or Conversion of Small Structures. Construction of limited numbers of small new facilities or structures; installation of small new equipment or facilities in small structures; and the conversion of existing small structures from one use to another, when only minor modifications are made in the exterior of the structure. This exemption includes structures built for both residential and commercial uses. (The maximum numller of structures allowable under this exemption is set forth in State Guidelines Section 15303.) Class 4: Minor Alterations to Land. Minor alterations in the condition of land, water, and /or vegetation which do not involve removal of healthy, mature, scenic trees, except for forestry or agricultural purposes. (State Guidelines Section 15304.) Class 5: Minor Alterations in Land Use Limitations. Minor alterations in land use limitations in areas with an average slope of less than 20% which do not result in any changes in land use or density. (State Guidelines Section 15305.) Class 6: Information Collection. Basic data collection, research, experimental management, and resource evaluation activities which do not result in a serious or major disturbance to an environmental resource. (State Guidelines Section 15306.) Class 7: Actions by Regulatory Agencies for Protection of Natural Resources. Actions taken by regulatory agencies as authorized by state law or local ordinance to assure the maintenance, restoration, or enhancement of a natural resource where the regulatory process involves procedures for protection of the environment. (State Guidelines Section 15307.) Class 8: Actions By Regulatory Agencies for Protection of the Environment. Actions taken by regulatory agencies, as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement or protection of the environment where the regulatory process involves procedures for protection of the environment. (State Guidelines Section 15308.) Class 9: Inspection. Inspection activities, including, but not limited to, inquiries into the performance of an operation and examinations of the quality, health or safety of a project. (State Guidelines Section 15309.) Class 10: Loans. Loans made by the Department of Veterans Affairs under the Veterans Farm and Home Purchase Act of 1943, mortgages for the purchase of existing structures where the loan will not be used for new construction and the purchase of such mortgages by financial institutions. (State Guidelines Section 15310.) Class 11: Accessory Structures. Construction or replacement of minor structures accessory or appurtenant to existing commercial, industrial, or institutional facilities, including, 2010 City of Arcadia Local Guidelines 3 -12 ©Best Best Krieger LLP Local Guidelines for Implementing the Califomia Environmental Ouality Act (2010) ACTIVITIES EXEMPT FROM CEOA but not limited to, on- premise signs; small parking lots; and placement of seasonal or temporary use items, such as lifeguard towers, mobile food units, portable restrooms or similar items in generally the same locations from time to time in publicly owned parks, stadiums or other facilities designed for public use. (State Guidelines Section 15311.) Class 12: Surplus Government Property Sales. Sales of surplus government property, except for certain parcels of land located in an area of statewide, regional or areawide concern as that term is defined in State Guidelines Section 15206(b)(4). However, even if the surplus property to be sold is located in any of those areas, its sale is exempt if: (a) (b) Class 13: Acquisition of Lands for Wildlife Conservation Purposes. Acquisition of lands for fish and wildlife conservation purposes, including preservation of fish and wildlife habitat, establishment of ecological preserves under Fish and Game Code Section 1580, and preservation of access to public lands and waters where the purpose of the acquisition is to preserve the land in its natural condition. (State Guidelines Section 15313.) Class 14: Minor Additions to Schools. Minor additions to existing schools within existing school grounds where the addition does not increase original student capacity by more 25% or ten (10) classrooms, whichever is less. The addition of portable classrooms is included in this exemption. (State Guidelines Section 15314.) Class 15: Minor Land Divisions. Division(s) of property in urbanized areas zoned for residential, commercial or industrial use into four or fewer parcels when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous two (2) years, and the parcel does not have an average slope greater than 20 (State Guidelines Section 15315.) Class 16: Transfer of Ownership of Land in Order to Create Parks. Acquisition, sale, or other transfer of land in order to establish a park where the land is in a natural condition or contains historical or archaeological resources and either: (a) (b) 2010 City of Arcadia Local Guidelines The property does not have significant values for wildlife or other environmental purposes, and Any one of the following three conditions is met: 1. The property is of such size, shape, or inaccessibility that it is incapable of independent development or use; 2. The property to be sold would qualify for an exemption under any other class of categorical exemption in the State Guidelines; or 3. The use of the property and adjacent property has not changed since the time of purchase by the public agency. (State Guidelines Section 15312.) The management plan for the park has not been prepared, or The management plan proposes to keep the area in a natural condition or preserve the historic or archaeological resources. 3 -13 ©Best Best Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act (2010) ACTIVITIES EXEMPT FROM CEOA CEQA will apply when a management plan is proposed that will change the area from its natural condition or cause substantial adverse change in the significance of the historic or archaeological resource. (State Guidelines Section 15316.) Class 17: Open Space Contracts or Easements. Establishment of agricultural preserves, making and renewing of open space contracts under the Williamson Act or acceptance of easements or fee interests in order to maintain the open space character of the area. (The cancellation of such preserves, contracts, interests or easements is not included in this exemption.) (State Guidelines Section 15317.) Class 18: Designation of Wilderness Areas. Designation of wilderness areas under the California Wilderness System. (State Guidelines Section 15318.) Annexations: 2010 City of Arcadia Local Guidelines Class 19• Annexations of Existing Facilities and Lots for Exempt Facilities. (a) To a city or special district of areas containing existing public or private structures developed to the density allowed by the current zoning or prezoning of either the gaining or losing governmental agency, whichever is more restrictive; provided, however, that the extension of utility services to the existing facilities would have a capacity to serve only the existing facilities; and (b) Of individual small parcels of the minimum size for facilities exempted by Class 3, New Construction or Conversion of Small Structures. (State Guidelines Section 15319.) Class 20: Changes in Organization of Local Agencies. Changes in the organization of local governmental agencies where the changes do not change the geographical area in which previously existing powers are exercised. Examples include but are not limited to: (a) Establishment of a subsidiary district; (b) Consolidation of two or more districts having identical powers; (c) Merger with a city of a district lying entirely within the boundaries of the city. (State Guidelines Section 15320.) Class 21: Enforcement Actions by Regulatory Agencies. Actions by regulatory agencies to enforce or revoke a lease, permit, license, certificate or other entitlement for use issued, adopted or prescribed by the regulatory agency or a law, general rule, standard or objective administered or adopted by the regulatory agency; or law enforcement activities by peace officers acting under any law that provides a criminal sanction. The direct referral of a violation of lease, permit, license certificate, or entitlement to the City Attorney is exempt under this Class. (Construction activities undertaken by the City taking the enforcement or revocation action are not included in this exemption.) (State Guidelines Section 15321.) Class 22:, Educational or Training Programs Involving No Physical Changes. The adoption, alteration or termination of educational or training programs which involve no 3 -14 ©Best Best Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act (20101 (a) (b) ACTIVITIES EXEMPT FROM CEOA physical alteration in the area affected or which involve physical changes only in the interior of existing school or training structures. Examples include but are not limited to: Development of or changes in curriculum or training methods; or Changes in the trade structure in a school which do not result in changes in student transportation. (State Guidelines Section 15322.) Class 23: Normal Operations of Facilities for Public Gatherings. Continued or repeated normal operations of existing facilities for public gatherings for which the facilities were designed, where there is past history, of at least three years, of the facility being used for the same or similar purposes. Facilities included within this exemption include, but are not limited to race tracks, stadiums, convention centers, auditoriums, amphitheaters, planetariums, swimming pools and amusement parks. (State Guidelines Section 15323.) Class 24: Regulation of Working Conditions. Actions taken by the City to regulate employee wages, hours of work or working conditions where there will be no demonstrable physical changes outside the place of work. (State Guidelines Section 15324.) Class 25: Transfers of Ownership of Interest in Land to Preserve Existing Natural Conditions and Historical Resources. Transfers of ownership of interest in land in order to preserve open space, habitat, or historical resources. Examples include, but are not limited to, acquisition, sale, or other transfer of areas to: preserve existing natural conditions, including plant or animal habitats; allow continued agricultural use of the areas; allow restoration of natural conditions; preserve open space or lands for natural park purposes; or prevent encroachment of development into floodplains. This exemption does not apply to the development of parks or park uses. (State Guidelines Section 15325.) Class 26: Acquisition of Housing for Housing Assistance Programs. Actions by a redevelopment agency, housing authority or other public agency to implement an adopted Housing Assistance Plan by acquiring an interest in housing units, provided the housing units are either in existence or possessing all required permits for construction when the agency makes its final decision to acquire the units. (State Guidelines Section 15326.) Class 27: Leasing New Facilities. Leasing of a newly constructed or previously unoccupied privately owned facility by a local or state agency when the City determines that the proposed use of the facility: 2010 City of Arcadia Local Guidelines (a) Conforms with existing state plans and policies and with general, community, and specific plans for which an EIR or Negative Declaration has been prepared; (b) Is substantially the same as that originally proposed at the time the building permit was issued; (c) Does not result in a traffic increase of greater than 10% of front access road capacity; and 3 -15 ©Best Best Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act (2010) ACTIVITIES EXEMPT FROM CEQA 2010 City of Arcadia Local Guidelines (d) Includes the provision of adequate employee and visitor parking facilities. (State Guidelines Section 15327.) Class 28: Small Hydroelectric Projects as Existing Facilities. Installation of certain small hydroelectric- generating facilities in connection with existing dams, canals and pipelines, subject to the conditions in State Guidelines Section 15328. (State Guidelines Section 15328.) Class 29: Cogeneration Projects at Existing Facilities. Installation of cogeneration equipment with a capacity of 50 megawatts or less at existing facilities meeting certain conditions listed in State Guidelines Section 15329. (State Guidelines Section 15329.) Class 30: Minor Actions to Prevent, Minimize, Stabilize, Mitigate or Eliminate the Release or Threat of Release of Hazardous Waste or Hazardous Substances. Any minor cleanup actions taken to prevent, minimize, stabilize, mitigate, or eliminate the release or threat of release of a hazardous waste or substance which are small or medium removal actions costing $1 million or less. (State Guidelines Section 15330.) (a) No cleanup action shall be subject to this Class 30 exemption if the action requires the onsite use of a hazardous waste incinerator or thermal treatment unit or the relocation of residences or businesses, or the action involves the potential release into the air of volatile organic compounds as defined in Health and Safety Code Section 25123.6, except for small scale in situ soil vapor extraction and treatment systems which have been permitted by the local Air Pollution Control District or Air Quality Management District. All actions must be consistent with applicable state and local environmental permitting requirements including, but not limited to, off -site disposal, air quality rules such as those governing volatile organic compounds and water quality standards, and approved by the regulatory body with jurisdiction over the site. (b) Examples of such minor cleanup actions include but are not limited to: 1. Removal of sealed, non leaking drums of hazardous waste or substances that have been stabilized, containerized and are designated for a lawfully permitted destination; 2. Maintenance or stabilization of berms, dikes, or surface impoundments; 3. Construction or maintenance or interim of temporary surface caps; 4. Onsite treatment of contaminated soils or sludge provided treatment system meets Title 22 requirements and local air district requirements; 5. Excavation and/or offsite disposal of contaminated soils or sludge in regulated units; 3 -16 ©Best Best Krieger LLP Local Guidelines for Implementing the California Environmental Duality Act (2010) ACTIVITIES EXEMPT FROM CEOA 6. Application of dust suppressants or dust binders to surface soils; 7. Controls for surface water run -on and run -off that meets seismic safety standards; 8. Pumping of leaking ponds into an enclosed container; 9. Construction of interim or emergency ground water treatment systems; or 10. Posting of warning signs and fencing for a hazardous waste or substance site that meets legal requirements for protection of wildlife. Class 31: Historical Resource Restoration/Rehabilitation. Maintenance, repairs, stabilization, rehabilitation, restoration, preservation, conservation, or reconstruction of historical resources in a manner consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (1995), Weeks and Grimmer. (State Guidelines Section 15331.) conditions: 2010 City of Arcadia Local Guidelines Class 32• Infill Development Projects Infill development meeting the following (a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations; (b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses; (c) The project site has no value as habitat for endangered, rare or threatened species; (d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and (e) The site can be adequately served by all required utilities and public services. (State Guidelines Section 15332.) Class 33: Small Habitat Restoration Projects. Examples of small habitat restoration projects include, but are not limited to: revegetation of disturbed areas with native plant species; wetland restoration, the primary purpose of which is to improve conditions for waterfowl or other species that rely on wetland habitat; stream or river bank revegetation, the primary purpose of which is to improve habitat for amphibians or native fish; projects to restore or enhance habitat that are carried out principally with hand labor and not mechanized equipment; stream or river bank stabilization with native vegetation or other bioengineering techniques, the primary purpose of which is to reduce or eliminate erosion and sedimentation; culvert replacement conducted in accordance with published guidelines of the Department of Fish and Game or NOAA Fisheries, the primary purpose of which is to improve habitat or reduce sedimentation, and other similar projects to assure the maintenance, restoration, enhancement, or protection of habitat for fish, plants, or wildlife. 3 -17 ©Best Best Krieger LLP Local Guidelines for Implementing the Califomia Environmental Quality Act (2010) ACTIVITIES EXEMPT FROM CEOA This exemption only applies to projects that are five acres or less in size and that meet the following criteria: 2010 City of Arcadia Local Guidelines (a) There would be no significant adverse impact on endangered, rare or threatened species or their habitat pursuant to Section 15065 of the State Guidelines; (b) There are no hazardous materials at or around the project site that may be disturbed or removed; and (c) The project will not result in impacts that are significant when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects. (State Guidelines Section 15333.) 3 -18 ©Best Best Krieger LLP Local Guidelines for Implementing the California Environmental Oualitv Act (2010) 4. TIME LIMITATIONS 4.01 REVIEW OF PRIVATE PROJECT APPLICATIONS. Staff shall determine whether the application for a private project is complete within thirty (30) days of receipt of the application. No application may be deemed incomplete for lack of a waiver of the time limitations in Local Guidelines Sections 4.03 and 4.04. Accepting an application as complete does not limit the authority of the City, acting as the Lead Agency, to require the applicant to submit additional information needed for environmental evaluation of the project. Requiring such additional information after the application is complete does not change the status of the application. 4.02 DETERMINATION OF TYPE OF ENVIRONMENTAL DOCUMENT. Except as provided in Local Guidelines Sections 4.05 and 4.06, Staff' s initial determination as to whether a Negative Declaration, Mitigated Negative Declaration or an EIR should be prepared shall be made within thirty (30) days from the date on which an application for a project is accepted as complete by the City. This period may be extended fifteen (15) days with consent of the applicant and the City. 4.03 COMPLETION AND ADOPTION OF NEGATIVE DECLARATION. For private projects involving the issuance of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies, the Negative Declaration/Mitigated Negative Declaration shall be completed and approved within one hundred eighty (180) days from the date when the City accepted the application as complete. In the event that compelling circumstances justify additional time and the project applicant consents thereto, Staff may provide for a reasonable extension of the time limit for completing and adopting the Negative Declaration/Mitigated Negative Declaration. 4.04 COMPLETION AND CERTIFICATION OF FINAL EIR. 4.05 PROJECTS SUBJECT TO THE PERMIT STREAMLINING ACT. 2010 City of Arcadia Local Guidelines 4 -1 TIME LIMITATIONS For private projects, the Final EIR shall be completed and certified by the City within one year after the date when the City accepted the application as complete. In the event that compelling circumstances justify additional time and the project applicant consents thereto, the City may provide a one -time extension up to ninety (90) days for completing and certifying the EIR. The Permit Streamlining Act requires agencies to make decisions on certain development project approvals within specified time limits If a project is subject to the Act, the City cannot require the project applicant to submit the informational equivalent of an EIR or prove compliance with CEQA as a prerequisite to determining whether the project application is complete. In addition, if requested by the project applicant, the City must begin processing the project application prior to final CEQA action, provided the information necessary to begin the process is available. ©Best Best Krieger LLP Local Guidelines for Implementing the Califomia Environmental Quality Act (2010) TIME LIMITATIONS Under the Permit Streamlining Act, the Lead Agency must approve or disapprove the development project application within one hundred eighty (180) days from the date on which it certifies the EIR, or within ninety (90) days of certification if an extension for completing and certifying the EIR was granted. If the Lead Agency adopts a Negative Declaration/Mitigated Negative Declaration or determines the development project is exempt from CEQA, it shall approve or disapprove the project application within sixty (60) days from the date on which it adopts the Negative Declaration/Mitigated Negative Declaration or determines that the project is exempt from CEQA. Except for waivers of the time periods for preparing a joint Environmental Impact Report/Environmental Impact Statement (as outlined in Government Code Sections 65951 and 65957), the City cannot require a waiver of the time limits specified in the Permit Streamlining Act as a condition of accepting or processing a development project application. In addition, the City cannot disapprove a development project application in order to comply with the time limits specified in the Permit Streamlining Act. 4.06 PROJECTS, OTHER THAN THOSE SUBJECT TO THE PERMIT STREAMLINING ACT, WITH SHORT TIME PERIODS FOR APPROVAL. A few statutes require agencies to make decisions on project applications within time limits that are so short that review of the project under CEQA would be difficult. To enable the City as Lead Agency to comply with both the enabling statute and CEQA, the City shall deem a project application as not received for filing under the enabling statute until such time as the environmental documentation required by CEQA is complete. This section applies where all of the following conditions are met: (a) The enabling statute for a program, other than development projects under Chapter 4.5 (commencing with Section 65920) of Division 1 of Title 7 of the Government Code, requires the City to take action on an application within a specified period of time of six (6) months or less; (b) The enabling statute provides that the project is approved by operation of law if the City fails to take any action within the specified time period; and (c) The project application involves the City's issuance of a lease, permit, license, certificate or other entitlement for use. In any case, the environmental document shall be completed or certified and the decision on the application shall be made within the period established by the Permit Streamlining Act (Government Code Sections 65920, et seq.). 4.07 WAIVER OR SUSPENSION OF TIME PERIODS. These deadlines may be waived by the applicant if the project is subject to both CEQA and NEPA. (State Guidelines Sections 15110 and 15224; see Section 5.04 of these Local Guidelines for information about projects that are subject to both CEQA and NEPA.) An unreasonable delay by an applicant in meeting City requests necessary for the preparation of a Negative Declaration or an EIR shall suspend the running of the time periods described in Local Guidelines Sections 4.03 and 4.04 for the period of the unreasonable delay. 2010 City of Arcadia Local Guidelines 4 -2 ©Best Best Krieger LLP Local Guidelines for Implementing the California Environmental Ouality Act (2010) TIME LIMITATIONS Alternatively, the City may disapprove a project application where there is unreasonable delay in meeting requests. The City may also allow a renewed application to start at the same point in the process where the prior application was when it was disapproved. 2010 City of Arcadia Local Guidelines 4 -3 OBest Best Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act (2010) 5.01 PREPARATION OF INITIAL STUDY. (a) (b) 5. INITIAL STUDY 5.02 INFORMAL CONSULTATION WITH OTHER AGENCIES. 2010 City of Arcadia Local Guidelines 5 -1 INITIAL STUDY If the City determines that it is the Lead Agency for a project which is not exempt, the City shall prepare an Initial Study to ascertain whether the project may have a substantial adverse effect on the environment, regardless of whether the overall effect of the project is adverse or beneficial. All phases of project planning, implementation and operation must be considered in the Initial Study. An Initial Study may rely on expert opinion supported by facts, technical studies or other substantial evidence. However, an Initial Study is neither intended nor required to include the level of detail included in an EIR. For City projects, the Initial Study shall be prepared by Staff or by private experts pursuant to contract with the City. For private projects, the person or entity proposing to carry out the project shall submit all data and information as may be required by the City to determine whether the proposed project may have a significant effect on the environment. All costs incurred by the City in reviewing the data and information submitted, or in conducting its own investigation based upon such data and information, or in preparing an Initial Study for the project shall be borne by the person or entity proposing to carry out the project. When more than one public agency will be involved in undertaking or approving a project, the City as Lead Agency shall consult with all Responsible and any Trustee Agencies. Such consultation shall be undertaken in compliance with the notice procedures applicable to the type of CEQA document being prepared. See Section 6.04, Negative Declarations, and Sections 7.03 and 7.06, EIRs. The City may choose to engage in early consultation with Responsible and Trustee Agencies before the City begins to prepare the Initial Study. This early consultation may be done quickly and informally and is intended to ensure that the EIR, Negative Declaration or Mitigated Negative Declaration reflects the concerns of all Responsible Agencies that will issue approvals for the project and all Trustee Agencies responsible for natural resources affected by the project. The City's early consultation process may include consultation with other individuals or organizations with an interest in the project, if the City so desires. The Office of Planning and Research, upon request of the City or a private project applicant, shall assist in identifying the various Responsible Agencies for a proposed project and ensure that the Responsible Agencies are notified regarding any early consultation. In the case of a project undertaken by a public agency, the Office of Planning and Research, upon request of the City, shall ensure that any Responsible Agency or public agency that has jurisdiction by law with respect to the project is notified regarding any early consultation. If, during the early consultation process it is determined that the project will clearly have a significant effect on the environment, the City may immediately dispense with the Initial Study and determine that an EIR is required. ©Best Best Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act (2010) INITIAL STUDY 5.03 CONSULTATION WITH PRIVATE PROJECT APPLICANT. During or immediately after preparation of an Initial Study for a private project, the City may consult with the applicant to determine if the applicant is willing to modify the project to reduce or avoid the significant effects identified in the Initial Study. If the project can be revised to avoid or mitigate effects to a level of insignificance and there is no substantial evidence before the City that the project, as revised, may have a significant effect on the environment, the City may prepare and adopt a Negative Declaration. If any significant effect may still occur despite alterations of the project, an EIR must be prepared. 5.04 PROJECTS SUBJECT TO NEPA Projects that are carried out, financed, or approved in while or in part by a federal agency are subject to the provisions of the National Environmental Protection Act "NEPA in addition to CEQA. To the extent possible, the State Guidelines encourage the City to use the federally prepared Environmental Impact Statement "EIS or Finding of No Significant Impact "FONSI or to prepare joint CEQA/NEPA documents instead of preparing a separate NEPA and CEQA documents for a project that is subject to both NEPA and CEQA. (State Guidelines Section 15220.) For example, the City should attempt to work in conjunction with the federal agency involved in the project to prepare a combined EIR -EIS or Negative Declaration FONSI. (State Guidelines Section 15222.) The City is required to cooperate with the federal agency and to utilize joint planning processes, environmental research and studies, public hearings, and environmental documents to the fullest extent possible. (State Guidelines Section 15226.) However, since NEPA does not require an examination of mitigation measures or growth inducing impacts, analysis of mitigation measures and growth- inducing impacts will need to be added before NEPA documents may be used to satisfy CEQA. (State Guidelines Section 15221.) For projects that are subject to NEPA, a scoping meeting held pursuant to NEPA satisfies the CEQA scoping requirement as long as notice is provided to the agencies and individuals listed in Local Guidelines Section 7.06, and provided in accordance with these Local Guidelines. If the federal agency refuses to cooperate with the City with regard to the preparation of joint documents, the City should attempt to involve a state agency in the preparation of the EIR, Negative Declaration, or Mitigated Negative Declaration. Since federal agencies are explicitly permitted to utilize environmental documents prepared by agencies of statewide jurisdiction, it is possible that the federal agency will reuse the state prepared CEQA documents instead of requiring the applicant to fund a redundant set of federal environmental documents. (State Guidelines Section 15228.) Where the federal agency has circulated the EIS or FONSI and the circulation satisfied the requirements of CEQA and any other applicable laws, the City may use the EIS or FONSI in place of an EIR or Negative Declaration without having to recirculate the federal documents. The City's intention to adopt the previously circulated EIS or FONSI must be publicly noticed in the same way as a Notice of Availability of a Draft EIR. Special rules may apply when the environmental documents are prepared for projects involving the reuse of military bases. See State Guidelines Section 15225. 2010 City of Arcadia Local Guidelines 5 -2 ©Best Best Krieger LLP Local Guidelines for Implementing the California Environmental Ouality Act (20101 INITIAL STUDY 5.05 AN INITIAL STUDY. The Initial Study shall be used to determine whether a Negative Declaration, Mitigated Negative Declaration or an EIR shall be prepared for a project. It provides written documentation of whether the City found evidence of significant adverse impacts which might occur. The purposes of an Initial Study are to: (a) (b) (c) 1 (d) '(e) (f) (g) Identify environmental impacts; Enable an applicant or Lead Agency to modify a project, mitigating adverse impacts before an EIR is written; Focus an EIR, if one is required, on potentially significant environmental effects; Facilitate environmental assessment early in the design of a project; Provide documentation of the factual basis for the finding in a Negative Declaration that a project will not have a significant effect on the environment; Eliminate unnecessary EIRs; and Determine whether a previously prepared EIR could be used for the project. 5.06 CONTENTS OF INITIAL STUDY. An Initial Study shall contain in brief form: (a) A description of the project, including the location of the project. The project description must be consistent throughout the environmental review process; (b) An identification of the environmental setting; (c) An identification of environmental effects by use of a checklist, matrix, or other method, provided that entries are briefly explained to show the evidence supporting the entries. The brief explanation may be through either a narrative or a reference to other information such as attached maps, photographs, or an earlier EIR or Negative Declaration. A reference to another document should include a citation to the page or pages where the information is found; (d) A discussion of ways to mitigate any significant effects identified; (e) An examination of whether the project is consistent with existing zoning and local land use plans and other applicable land use controls; (f) The name of the person or persons who prepared or participated in the Initial Study; and (g) Identification of prior EIRs or environmental documents which could be used with the project. 5.07 USE OF A CHECKLIST INITIAL STUDY. When properly completed, the Environmental Checklist (Form "J will meet the requirements of Local Guidelines Section 5.05 provided that the entries on the checklist are explained. Either the Environmental Checklist (Form "J should be expanded or a separate attachment should be prepared to describe the project, including its location, and to identify the environmental setting. California courts have rejected the use of a bare, unsupported Initial Study checklist. An Initial Study must contain more than mere conclusions. It must disclose supporting data or evidence upon which the City relied in conducting the Study. The City shall augment checklists 2010 City of Arcadia Local Guidelines 5 -3 ©Best Best Krieger LLP Local Guidelines for linplementing the Califomia Environmental Oualitv Act (2010) INITIAL STUDY with supporting factual data and reference information sources when completing the forms. Explanation of all "potential impact" answers should be provided on attached sheets. For controversial projects, it is advisable to state briefly why "no" answers were checked. If practicable, attach a list of reference materials, such as prior EIRs, plans, traffic studies, air quality data, or other supporting studies. 5.08 EVALUATING SIGNIFICANT ENVIRONMENTAL EFFECTS. In evaluating the environmental significance of effects disclosed by the Initial Study, the Lead Agency shall consider: (a) Whether the Initial Study and/or any comments received informally during consultations indicate that a fair argument can be made that the project may have a significant adverse environmental impact which cannot be mitigated to a level of insignificance. Even if a fair argument can be made to the contrary, an EIR should be prepared. (b) Whether both primary (direct) and secondary (indirect) consequences of the project were evaluated. Primary consequences are immediately related to the project, while secondary consequences are related more to the primary consequences than to the project itself. For example, secondary impacts upon the resources base, including land, air, water and energy use of an area, may result from population growth, a primary impact. (c) Whether adverse social and economic changes will result from a physical change caused by the project. Adverse economic and social changes resulting from a project are not, in themselves, significant environmental effects. However, if such adverse changes cause physical changes in the environment, those consequences may be used as the basis for finding that the physical change is significant. (d) Whether there is serious public controversy or disagreement among experts over the environmental effects of the project. However, the existence of public controversy or disagreement among experts does not, without more, require preparation of an EIR in the absence of substantial evidence of significant effects. (e) Whether the cumulative impact of the project is significant and whether the incremental effects of the project are "cumulatively considerable" (as defined in Local Guidelines Section 10.12) when viewed in connection with the effects of past projects, current projects, and probable future projects. (f) Whether the project may cause a substantial adverse change in the significance of an archaeological or historical resource. 5.09 MANDATORY FINDINGS OF SIGNIFICANT EFFECT. Whenever there is substantial evidence, in light of the whole record, that any of the conditions set forth below may occur, the City shall find that the project may have a significant effect on the environment and thereby shall require preparation of an EIR: (a) The project has the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered 2010 City of Arcadia Local Guidelines 5 -4 ©Best Best Krieger LLP Local Guidelines for Implementing the California Environmental Ouality Act (2010) INITIAL STUDY plant or animal, or eliminate important examples of major periods of California history or prehistory; (b) The project has the potential to achieve short-term environmental goals to the disadvantage of long -term environmental goals; (c) The project has possible environmental effects which are individually limited but cumulatively considerable. "Cumulatively considerable" means that the incremental effects of an individual project are significant when viewed in connection with the effects of past, current, and probable future projects. That is, the City is required to determine whether the incremental impacts of a project are cumulatively considerable by evaluating them against the back -drop of the environmental effects of the other projects; or (d) The environmental effects of a project will cause substantial adverse effects on humans either directly or indirectly. If, before the release of the CEQA document for public review, the potential for triggering one of the mandatory findings of significance is avoided or mitigation measures or project modifications reduce the potentially significant impacts to a point where clearly the mandatory finding of significance is not triggered, preparation of an EIR is not mandated. If the project's potential for triggering one of the mandatory findings of significance cannot be avoided or mitigated to a point where the criterion is clearly not triggered, an EIR shall be prepared, and the relevant mandatory findings of significance shall be used: (1) as thresholds of significance for purposes of preparing the EIR's impact analysis; (2) in making findings on the feasibility of alternatives or mitigation measures; (3) when found to be feasible, in making changes in the project to lessen or avoid the adverse environmental impacts; and (4) when necessary, in adopting a statement of overriding considerations. Although an EIR prepared for a project that triggers one of the mandatory findings of significance must use the relevant mandatory findings as thresholds of significance, the EIR need not conclude that the impact itself is significant. Rather, the City must exercise its discretion and determine, on a case -by -case basis after evaluating all of the relevant evidence, whether the project's environmental impacts are avoided or mitigated below a level of significance or whether a statement of overriding considerations is required. With regard to a project that has the potential to substantially reduce the number or restrict the range of a protected species, the City does not have to prepare an EIR solely due to that impact, provided the project meets the following three criteria: (a) The project proponent must be bound to implement mitigation requirements relating to such species and habitat pursuant to an approved habitat conservation plan and/or natural communities conservation plan; (b) The state or federal agency must have approved the habitat conservation plan and/or natural community conservation plan in reliance on an EIR and /or EIS; and 2010 City of Arcadia Local Guidelines 5 -5 ©Best Best Krieger LLP Local Guidelines for Implementing the Califomia Environmental Duality Act (2010) INITIAL STUDY (c) The mitigation requirements must either avoid any net loss of habitat and net reduction in number of the affected species, or preserve, restore, or enhance sufficient habitat to mitigate the reduction in habitat and number of the affected species below a level of significance. 5.10 MANDATORY PREPARATION OF AN EIR FOR WASTE BURNING PROJECTS. The City, as Lead Agency, shall prepare or cause to be prepared and certify the completion of an EIR, or, if appropriate, an Addendum, Supplemental EIR, or Subsequent EIR, for any project involving the burning of municipal wastes, hazardous waste or refuse- derived fuel, including, but not limited to, tires, if the project consists of any of the following: (a) The construction of a new facility. (b) The expansion of an existing hazardous waste burning facility which would increase its permitted capacity by more than 10 (c) The issuance of a hazardous waste facilities permit to a land disposal facility, as defined in Local Guidelines Section 10.29; or. (d) The issuance of a hazardous waste facilities permit to an offsite large treatment facility, as defined in Local Guidelines Sections 10.30 and 10.50. This section does not apply to projects listed in subsections (c) and (d), immediately above, if the facility only manages hazardous waste that is identified or listed pursuant to Health and Safety Code Section 25140 or 25141 or only conducts activities which are regulated pursuant to Health and Safety Code Section 25100, et seq. The City shall calculate the percentage of expansion for an existing facility by comparing the proposed facility's capacity with either of the following, as applicable: (a) The facility capacity authorized in the facility's hazardous waste facilities permit pursuant to Health and Safety Code Section 25200, or its grant of interim status pursuant to Health and Safety Code Section 25200.5, or the facility capacity authorized in any state or local agency permit allowing the construction or operation of the facility for the burning of hazardous waste granted before January 1, 1990; or (b) The facility capacity authorized in the facility's original hazardous facilities permit, grant of interim status, or any state or local agency permit allowing the construction or operation of a facility for the burning of hazardous waste, granted on or after January 1, 1990. This section does not apply to any project over which the State Energy Resources Conservation and Development Commission has assumed jurisdiction per Health and Safety Code Section 25500, et seq. The E1R requirement is also subject to a number of exceptions for specific types of waste burning projects. (Public Resources Code Section 21151.1 and State Guidelines Section 15081.5.) Even if preparation of an EIR is not mandatory for a particular type of waste burning project, those projects are not exempt from the other requirements of CEQA, the State Guidelines, or these Local Guidelines. In addition, waste burning projects are subject to special notice requirements under Public Resources Code Section 21092. Specifically, in addition to the 2010 City of Arcadia Local Guidelines 5 -6 ®Best Best Krieger LLP Local Guidelines for Implementing the California Environmental Oualitv Act (20101 standard public notices required by CEQA, notice must be provided to all owners and occupants of property located within one -fourth mile of any parcel or parcels on which the waste burning project will be located. (Public Resources Code Section 21092(c).) See Local Guidelines Sections 6.09, 7.20 and 7.22. 5.11 DEVELOPMENT PURSUANT TO AN EXISTING COMMUNITY PLAN AND EIR. Before preparing a CEQA document, Staff should determine whether the proposed project involves development consistent with an earlier zoning or community plan to accommodate a particular density for which an EIR has been certified. If an earlier EIR for the zoning or planning action has been certified, and if the proposed project concerns the approval of a subdivision map or development, CEQA applies only to the extent the project raises environmental effects peculiar to the parcel which were not addressed in the earlier EIR. Off -site and cumulative effects not discussed in the general plan EIR must still be considered. Mitigation measures set out in the earlier EIR should be implemented at this stage. Environmental effects shall not be considered peculiar to the parcel if uniformly applied development policies or standards have been previously adopted by a city or county with a finding based on substantial evidence that the policy or standard will substantially mitigate the environmental effect when applied to future projects. Examples of uniformly applied development policies or standards include, but are not limited to: parking ordinances; public access requirements; grading ordinances; hillside development ordinances; flood plain ordinances; habitat protection or conservation ordinances; view protection ordinances; and requirements for reducing greenhouse gas emissions as set forth in adopted land use plans, policies or regulations. Any rezoning action consistent with the Community Plan shall be subject to exemption from CEQA in accordance with this section. "Community Plan" means part of a city's general plan which: (1) applies to a defined geographic portion of the total area included in the general plan; (2) complies with Article 5 (commencing with Section 65300) of Chapter 3 of Division 1 of Title 7 of the Government Code by referencing each of the mandatory elements specified in Government Code Section 65302; and (3) contains specific development policies adopted for the area in the Community Plan and identifies measures to implement those policies, so that the policies which will apply to each parcel can be determined. 5.12 LAND USE POLICIES. When a project will amend a general plan or another land use policy, the Initial Study must address how the change in policy and its expected direct and indirect effects will affect the environment. When the amendments constitute substantial changes in policies that result in a significant impact on the environment, an EIR may be required. 5.13 EVALUATING IMPACTS ON HISTORICAL RESOURCES. 2010 City of Arcadia Local Guidelines 5 -7 INITIAL STUDY Projects that may cause a substantial adverse change in the significance of a historical resource, as defined in Local Guidelines Section 10.25 are projects that may have a significant effect on the environment, thus requiring consideration under CEQA. Particular attention and care should be given when considering such projects, especially projects involving the OBest Best Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act (2010) INITIAL STUDY demolition of a historical resource, since such demolitions have been determined to cause a significant effect on the environment. Substantial adverse change in the significance of a historical resource means physical demolition, destruction, relocation or alteration of the resource or its immediate surroundings, such that the significance of a historical resource would be materially impaired. The significance of a historical resource is materially impaired when a project: (a) Demolishes or materially alters in an adverse manner those physical characteristics of a historical resource that convey its historical significance and that justify its inclusion in, or eligibility for inclusion in, the California Register of Historical Resources; (b) Demolishes or materially alters in an adverse manner those physical characteristics that account for its inclusion in a local register of historical resources or its identification in a historical resources survey, unless the Lead Agency establishes by a preponderance of evidence that the resource is not historically or culturally significant; or (c) Demolishes or materially alters in an adverse manner those physical characteristics of a historical resource that convey its historical significance and that justify its eligibility for inclusion in the California Register of Historical Resources as determined by the Lead Agency for purposes of CEQA. Generally, a project that follows either one of the following sets of standards and guidelines will be considered mitigated to a level of less than significant: (a) the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings; or (b) the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings (1995), Weeks and Grimmer. In the event of an accidental discovery of a possible historical resource during construction of the project, the City may provide for the evaluation of the find by a qualified archaeologist or other professional. If the find is determined to be a historical resource, the City should take appropriate steps to implement appropriate avoidance or mitigation measures. Work on non affected portions of the project, as determined by the City, may continue during the process. Curation may be an appropriate mitigation measure for an artifact that must be removed during project excavation or testing. 5.14 EVALUATING IMPACTS ON ARCHAEOLOGICAL SITES. When a project will impact an archaeological site, the City shall first determine whether the site is a historical resource, as defined in Local Guidelines Section 10.25. If the archaeological site is a historical resource, it shall be treated and evaluated as such, and not as an archaeological resource. If the archaeological site does not meet the definition of a historical resource, but does meet the definition of a unique archaeological resource set forth in Public Resources Code Section 21083.2, the site shall be treated in accordance with said provisions of the Public Resources Code. The time and cost limitations described in Section 21083.2(c -f) do not apply to surveys and site evaluation activities intended to determine whether the project site contains unique archaeological resources. 2010 City of Arcadia Local Guidelines 5 -8 ©Best Best Krieger LLP (b) Local Guidelines for Implementing the Califomia Environmental Quality Act (2010) INITIAL STUDY If the archaeological resource is neither a unique archaeological resource nor a historical resource, the effects of the project on those resources shall not be considered a significant effect on the environment. It shall be sufficient that both the resource and the effect on it are noted in the Initial Study or EIR, if one is prepared to address impacts on other resources, but they need not be considered further in the CEQA process. In the event of an accidental discovery of a possible unique archaeological resource during construction of the project, the City may provide for the evaluation of the find by a qualified archaeologist. If the find is determined to be a unique archaeological resource, the City should take appropriate steps to implement appropriate avoidance or mitigation measures. Work on non affected portions of the project, as determined by the City, may continue during the process. Curation may be an appropriate mitigation measure for an artifact that must be removed during project excavation or testing. When an Initial Study identifies the existence of, or the probable likelihood of, Native American human remains within the Project, the City shall comply with the provisions of State Guidelines Section 15064.5(d). In the event of an accidental discovery or recognition of any human remains in any location other than a dedicated cemetery, the City shall comply with the provisions of State Guidelines Section 15064.5(e). 5.15 CONSULTATION WITH WATER AGENCIES REGARDING LARGE DEVELOPMENT PROJECTS. (a) Projects Subject to Consultation Requirements. For certain development projects, cities and counties must consult with water agencies. The City should refer to this section when preparing such an assessment or when reviewing projects in its role as a Responsible Agency. This section applies only to water demand projects as defined by Guideline 10.74. Program level environmental review may not need to be as extensive as project level environmental review. See Local Guidelines Sections 8.03 and 8.08. Water Supply Assessment. When a city or county as Lead Agency determines the type of environmental document that will be prepared for a water demand project or any project that includes a water demand project, the city or county must identify any public water system (as defined in Local Guidelines Sections 10.55 and 10.74) that may supply water for the project. The city or county must also request that the public water system determine whether the projected demand associated with the project was included in the most recently adopted Urban Water Management Plan. The city or county must also request that the public water system prepare a specified water supply assessment for approval at a regular or special meeting of the public water system governing body. If no public water system is identified that may supply water for the water demand project, the city or county shall prepare the water supply assessment. The city or county shall consult with any entity serving domestic water supplies whose service area includes the site of the water demand project, the local agency formation commission, and the governing body of any public water system adjacent to the site of the water demand project. The city council or 2010 City of Arcadia Local Guidelines 5 -9 ©Best Best Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act (2010) INITIAL STUDY county board of supervisors must approve the water assessment prepared pursuant to this paragraph at a regular or special meeting. As per Water Code section 10910, the water assessment must include identification of existing water supply entitlements, water rights, or water service contracts relevant to the water supply for the proposed project and water received in prior years pursuant to those entitlements, rights, and contracts, and further information is required if water supplies include groundwater. The water assessment must determine the ability of the public water system to meet existing and future demands along with the demands of the proposed water demand project in light of existing and future water supplies. This supply demand analysis is to be conducted via a twenty -year projection, and must assess water supply sufficiency during normal year, single dry year, and multiple dry year hydrology scenarios. If the public water agency concludes that the water supply is, or will be, insufficient, it must submit plans for acquiring additional water supplies. The city or county shall grant the public water agency a 30 day extension of time to prepare the assessment if the public water agency requests an extension within 90 days of being asked to prepare the assessment. If the governing body of the public water system fails to request and receive an extension of time, or fails to submit the water assessment notwithstanding the 30 day extension, the city or county may seek a writ of mandamus to compel the governing body of the public water system to comply. The city or county shall include the water assessment, and any water acquisition plan in the EIR, negative declaration, or mitigated negative declaration, or any supplement thereto, prepared for the project, and may include an evaluation of the water assessment and water acquisition plan information within such environmental document. A discussion of water supply availability should be included in the main text of the environmental document. Normally, this discussion should be based on the data and information included in the water supply assessment. In making its required findings under CEQA, the city or county shall determine, based on the entire record, whether projected water supplies will be sufficient to satisfy the demands of the project, in addition to existing and planned future uses. If a city or county determines that water supplies will not be sufficient, the city or county shall include that determination in its findings for the project. If a water -demand project has been the subject of a water assessment, no additional water assessment shall be required for subsequent water -demand projects that were included in the larger water -demand project if all of the following criteria are met: (1) The entity completing the water assessment concluded that its water supplies are sufficient to meet the projected water demand associated with the larger water demand project, in addition to the existing and planned future uses, including, but not limited to, agricultural and industrial uses; and 2010 City of Arcadia Local Guidelines (2) None of the following changes has occurred since the completion of the water assessment for the larger water -demand project: 5-10 ©Best Best Krieger LLP Local Guidelines for Implementing the Califomia Environmental Oualitv Act (2010) INITIAL STUDY For complete information on these requirements, consult Water Code Sections 10910, et seq. For other CEQA provisions applicable to these types of projects, see Local Guidelines Sections 7.03 and 7.20. 5.16 SUBDIVISIONS WITH MORE THAN 500 DWELLING UNITS. Cities and counties must obtain written verification from the applicable public water system(s) that a sufficient water supply is available before approving certain development projects. The City should also be aware of these requirements when reviewing projects in its role as a Responsible Agency. Cities and counties are prohibited from approving a tentative map, parcel map for which a tentative map was not required, or a development agreement for a subdivision of property of more than 500 dwellings units, unless: (1) (A) Changes in the larger water demand project that result in a substantial increase in water demand for the water demand project. (B) Changes in the circumstances or conditions substantially affecting the ability of the public water system identified in the water assessment to provide a sufficient supply of water for the water demand project. (C) Significant new information becomes available which was not known and could not have been known at the time when the entity had reached its assessment conclusions. The City Council, Board of Supervisors, or the advisory agency receives written verification from the applicable public water system that a sufficient water supply is available; or (2) Under certain circumstances, the City Council, Board of Supervisors or the advisory agency makes a specified finding that sufficient water supplies are, or will be, available prior to completion of the project. As a result, the City should obtain written verification as described above during the Initial Study phase of the CEQA process for any proposed residential development of more than 500 dwelling units (Form "0"). For complete information on these requirements, consult Government Code Section 66473.7. 5.17 IMPACTS TO OAK WOODLANDS. When a county prepares an Initial Study to determine what type of environmental document will be prepared for a project within its jurisdiction, the county must determine whether the project may result in a conversion of oak woodlands that will have a significant effect on the environment. Normally, this rule will not apply to projects undertaken by the City. However, if the City is a Responsible Agency on such a project, the City should endeavor to ensure that the county, as Lead Agency, analyzes these impacts in accordance with CEQA. 2010 City of Arcadia Local Guidelines 5 -11 CBest Best Krieger LLP Local Guidelines for hnplementing the California Environmental Quality Act (2010) INITIAL STUDY 5.18 CLIMATE CHANGE AND GREENHOUSE GAS EMISSIONS A. Lead Agency Retains Discretion to Choose Model or Methodology Recent changes to the State CEQA Guidelines require the discussion and analysis of greenhouse gas emissions by the City in relevant CEQA documents. For projects subject to CEQA, the City should make a good -faith effort, based to the extent possible on scientific and factual data, to describe, calculate or estimate the amount of greenhouse gas emissions resulting from a project. The City, as lead agency, shall have discretion to determine the appropriate model or methodology for quantifying greenhouse gas emissions for each particular project. The City is not required to use the same model or methodology in every instance, but should explain the choice of model or methodology in the record of proceedings. When deciding on the appropriate model or methodology for quantifying greenhouse gas emissions for a particular project, the City has the discretion to do the following: (1) Use a model or methodology to quantify greenhouse gas emissions resulting from a project; (2) Select the model or methodology it considers most appropriate provided it supports its decision with substantial evidence. The lead agency should explain the limitations of the particular model or methodology selected for use; and or (3) Rely on a qualitative analysis or performance -based standards. B. Tools in Determining Thresholds of Significance. When determining if impacts on the environment from greenhouse gas emissions are significant, the City should consider the following factors, among others: (1) The extent to which the project may increase or reduce greenhouse gas emissions as compared to the existing environmental setting. When an EIR is prepared, it must discuss any inconsistencies between the proposed project and the applicable general plan, specific plans, and regional plans. This includes, but is not limited to, any applicable air quality attainment plans, regional blueprint plans, or plans for the reduction of greenhouse gas emissions. (2) Whether the project emissions exceed a threshold of significance that the lead agency determines applies to the project. When adopting thresholds of significance, the City as Lead Agency, may consider thresholds of significance previously adopted or recommended by other pubic agencies, or recommended by experts, provided the decision to adopt such thresholds is supported by substantial evidence. 2010 City of Arcadia Local Guidelines 5 -12 ©Best Best Krieger LLP Local Guidelines for Implementing the Califomia Environmental Ouality Act (2010) INITIAL STUDY (3) The Governor's Office of Planning and Research issued a technical advisory on addressing climate change through CEQA. (Available at http /www.opr.ca.gov The technical advisory discusses recommended approaches for analyzing greenhouse gases, and identifies factors a Lead Agency may consider in establishing thresholds of significance. C. Mitigation Measures Related to Greenhouse Gas Emissions The City, as Lead Agency, must consider feasible means of mitigating the significant effects of greenhouse gas emissions. Any such mitigation measure must be supported by substantial evidence and be subject to monitoring or reporting. Reductions in emissions that are not otherwise required may constitute mitigation. Potential mitigation will depend on the particular circumstances of the project, but may include the following, among others: (1) 2010 City of Arcadia Local Guidelines The extent to which the project complies with regulations or requirements adopted to implement a statewide, regional, or local plan for the reduction or mitigation of greenhouse gas emissions. Such requirements must be adopted by the relevant public agency through a public review process and must reduce or mitigate the project's incremental contribution of greenhouse gas emissions. If there is substantial evidence that the possible effects of a particular project are still cumulatively considerable notwithstanding compliance with the adopted regulations or requirements, an EIR must be prepared for the project. Similarly, an EIR must analyze greenhouse gas emissions resulting from a proposed project when the incremental contribution of those emissions may be cumulatively considerable. Measures in an existing plan or mitigation program for the reduction of emissions that are required as part of the lead agency's decision; (2) Reductions in emissions resulting from a project through implementation of project features, project design, or other measures, such as those described in Appendix F; (3) Off -site measures, including offsets, to mitigate a project's emissions; (4) Measures that sequester greenhouse gases; and (5) In the case of the adoption of a plan, such as a general plan, long range development plan, or plan for the reduction of greenhouse gas emissions, mitigation may include the identification of specific measures that may be implemented on a project -by- project basis. Mitigation may also include the incorporation of specific measures or policies found in an adopted ordinance or regulation that reduces the cumulative effect of emissions. 5 -13 ©Best Best Krieger LLP Local Guidelines for Implementing the Califomia Environmental Oualitv Act (2010) INITIAL STUDY D. Streamlined Analysis of Greenhouse Gas Emissions. Environmental Documents for Certain Residential, Mixed Use and Transit Priority Projects: Under certain limited circumstances, the legislature has specifically declared that the analysis of greenhouse gas emissions or climate change impacts may be limited. As identified in SB 375, Public Resources Code Sections 21155, 21155.2, and 21159.28 provide that if certain identified projects meet specified ratios and densities, then the lead agencies for those projects may conduct a limited review of greenhouse gas emissions or may be exempted from analyzing global warming impacts that result from cars and light duty trucks if a detailed list of requirements is met. However, these special situations are very narrowly defined and, even if it applies, the Lead Agency may need to consider whether such projects will result in greenhouse gas emissions from other sources. E. Tiering. The City may analyze and mitigate the significant effects of greenhouse gas emissions at a programmatic level. Later project- specific environmental documents may then tier from and/or incorporate by reference that existing programmatic review. F. Plans for the Reduction of Greenhouse Gas Emissions. Public agencies may choose to analyze and mitigate greenhouse gas emissions in a plan for the reduction of greenhouse gas emissions or similar document. A plan for the reduction of greenhouse gas emissions should: (1) Quantify greenhouse gas emissions, both existing and projected over a specified time period, resulting from activities within a defined geographic area; 2010 City of Arcadia Local Guidelines (2) Establish a level, based on substantial evidence, below which the contribution to greenhouse gas emissions from activities covered by the plan would not be cumulatively considerable; Identify and analyze the greenhouse gas emissions resulting from specific actions or categories of actions anticipated within the geographic area; (4) Specify measures or a group of measures, including performance standards, that substantial evidence demonstrates, if implemented on a project -by- project basis, would collectively achieve the specified emissions level; (3) (5) Establish a mechanism to monitor the plan's progress toward achieving the level and to require amendment if the plan is not achieving specified levels; (6) Be adopted in a public process following environmental review. 5 -14 ©Best Best Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act (2010) INITIAL STUDY A plan for the reduction of greenhouse gas emissions, once adopted following certification of an EIR, may be used in the cumulative impacts analysis of later projects. An environmental document that relies on a plan for the reduction of greenhouse gas emissions for a cumulative impacts analysis must identify those requirements specified in the plan that apply to the project, and, if those requirements are not otherwise binding and enforceable, incorporate those requirements as mitigation measures applicable to the project. If there is substantial evidence that the effects of a particular project, may be cumulatively considerable notwithstanding the project's compliance with the specified requirements in the plan for reduction of greenhouse gas emissions, an EIR must be prepared for the project. 5.19 ENERGY CONSERVATION. Potentially significant energy implications of a project must be considered in an EIR to the extent relevant and applicable to the project. The project description should identify the following as applicable or relevant to the project: (1) Energy consuming equipment and processes which will be used during construction, operation and/or removal of the project. If appropriate, this discussion should consider the energy intensiveness of materials and equipment required for the project. (2) Total energy requirements of the project by fuel type and end use. (3) Energy conservation equipment and design features. (4) Identification of energy supplies that would serve the project. (5) Total estimated daily vehicle trips to be generated by the project and the additional energy consumed per trip by mode. The discussion of the environmental setting may include existing energy supplies and energy use patterns in the region and locality. The City may also consider the extent to which energy supplies have been adequately considered in other environmental documents. Environmental Impacts may include: 2010 City of Arcadia Local Guidelines (1) (2) The effects of the project on local and regional energy supplies and on requirements for additional capacity. (3) The project's energy requirements and its energy use efficiencies by amount and fuel type for each stage of the project including construction, operation, maintenance and /or removal. If appropriate, the energy intensiveness of materials may be discussed. The effects of the project on peak and base period demands for electricity and other forms of energy. (4) The degree to which the project complies with existing energy standards. 5 -15 ©Best Best Krieger LLP Local Guidelines for Implementing the California Environmental Ouality Act (2010) INITIAL STUDY (5) The effects of the project on energy resources. (6) The project's projected transportation energy use requirements and its overall use of efficient transportation alternatives. Unavoidable adverse effects may include wasteful, inefficient and unnecessary consumption of energy during the project construction, operation, maintenance and/or removal that cannot be feasibly mitigated. Irreversible commitment of resources may include a discussion of how the project preempts future energy development or future energy conservation. Alternatives should be compared in terms of overall energy consumption and in terms of reducing wasteful, inefficient and unnecessary consumption of energy. 5.20 ENVIRONMENTAL IMPACT ASSESSMENT. The job of the Initial Study is to identify which environmental impacts may be significant. Based upon the Initial Study, Staff shall determine whether a proposed project may or will have a significant effect on the environment. Such determination shall be made in writing on the Environmental Impact Assessment Form (Form "C If Staff finds that a project will not have a significant effect 011 the environment, it shall recommend that a Negative Declaration be prepared and adopted by the decisionmaking body. If Staff finds that a project may have a significant effect on the environment, but the effects can be mitigated to a level of insignificance, it shall recommend that a Mitigated Negative Declaration be prepared and adopted by the decisionmaking body. If Staff finds that a project may have a significant effect on the environment, it shall recommend that an EIR be prepared and certified by the decisionmaking body. 5.21 FINAL DETERMINATION. The City Council shall have the final responsibility for determining whether an EIR, Negative Declaration or Mitigated Negative Declaration shall be required for any project. The City Council's determination shall be final and conclusive on all persons, including Responsible Agencies and Trustee Agencies, except as provided in Section 15050(c) of the State Guidelines. 2010 City of Arcadia Local Guidelines 5 -16 ©Best Best Krieger LLP Local Guidelines for Implementing the Califomia Environmental Quality Act (2010) NEGATIVE DECLARATION (a) (b) 2010 City of Arcadia Local Guidelines 6. NEGATIVE DECLARATION 6.01 DECISION TO PREPARE A NEGATIVE DECLARATION. A Negative Declaration (Form "E") shall be prepared for a project subject to CEQA when the Initial Study shows that there is no substantial evidence in light of the whole record that the project may have a significant or potentially significant adverse effect on the environment. (See Local Guidelines Sections 10.59 and 10.64.) 6.02 DECISION TO PREPARE A MITIGATED NEGATIVE DECLARATION. A Mitigated Negative Declaration (Form "E") shall be prepared for a project subject to CEQA when the Initial Study identifies potentially significant effects on the environment, but: (a) The project applicant has agreed to revise the project or the City can revise the project to avoid these significant effects or to mitigate the effects to a point where it is clear that no significant effects would occur; and (b) There is no substantial evidence in light of the whole record before the City that the revised project may have a significant effect. It is insufficient to require an applicant to adopt mitigation measures after final adoption of the Negative Declaration or to state that mitigation measures will be recommended on the basis of a future study. The City must know the measures at the time the Negative Declaration is adopted in order for them to be evaluated and accepted as adequate mitigation. Evidence of agreement by the applicant to such mitigation should be in the record prior to public review. Except where noted, the procedural requirements for the preparation and approval of a Negative Declaration and Mitigated Negative Declaration are the same. 6.03 CONTRACTING FOR PREPARATION OF NEGATIVE DECLARATION. The City, when acting as Lead Agency, is responsible for preparing all documents required pursuant to CEQA. The documents may be prepared by Staff or by private consultants pursuant to a contract with the City, but they must be the City's product and reflect the independent judgment of the City. 6.04 NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION OR MITIGATED NEGATIVE DECLARATION. When, based upon the Initial Study, it is recommended to the decisionmaking body that a Negative Declaration or Mitigated Negative Declaration be adopted, a Notice of Intent to Adopt a Negative Declaration or Mitigated Negative Declaration (Form "D shall be prepared. In addition to being provided to the public through the means set forth in Local Guidelines Section 6.07, this Notice shall also be provided to: Each Responsible and Trustee Agency, Any other federal, state, or local agency which has jurisdiction by law or exercises authority over resources affected by the project, including: 6 -1 ®Best Best Krieger LLP Local Guidelines for hnplementing the Califomia Environmental Quality Act (2010) NEGATIVE DECLARATION (1) Any water supply agency consulted under Local Guidelines Section 5.15; (2) Any city or county bordering on the project area; (3) For a project of statewide, regional, or areawide significance, to any transportation agencies or public agencies which have major local arterials or public transit facilities within five (5) miles of the project site or freeways, highways, or rail transit service within ten (10) miles of the project site which could be affected by the project; and (4) For a subdivision project located within one mile of a facility of the State Water Resources Development System, to the California Department of Water Resources. (c) The last known name and address of all organizations and individuals who have previously filed a written request with the City to receive these Notices; (d) For certain projects that may impact a low -level flight path, military impact zone, or special use airspace and that meet the other criteria of Local Guidelines Section 6.05, to the specified military services contact. (e) For certain projects that involve the construction or alteration of a facility anticipated to include hazardous air emissions or handle hazardous substances within one quarter mile of a school and that meet the other requirements of Local Guidelines Section 6.06, to any potentially affected school district. (f) For certain waste burning projects that meet the requirements of Local Guidelines Section 5.10 (See also Local Guidelines Section 7.22 regarding mandatory preparation of EIR), to the owners and occupants of property within one -fourth mile of any parcel on which the project will be located. (g) For a project that establishes or amends a redevelopment plan that contains land in agricultural use, notice shall be provided to the agricultural and farm agencies and organizations specified in Health and Safety Code Section 33333.3. (h) A copy of the proposed Negative Declaration or Mitigated Negative Declaration and the Initial Study shall be attached to the Notice of Intent to Adopt that is sent to every Responsible Agency and Trustee Agency concerned with the project and every other public agency with jurisdiction by law over resources affected by the project. (i) The Notice of Intent to Adopt a Negative Declaration (Form "D must be filed and posted with the County Clerk at least twenty (20) days, or, in cases subject to review by the State Clearinghouse, posted by the County Clerk and the State Office and Planning and Research at least thirty (30) days before the final adoption of the Negative Declaration or Mitigated Negative Declaration by the decisionmaking body. See Local Guidelines Section 6.07. The City may require requests for notices to be renewed annually. The City may charge a fee for providing notices pursuant to written requests, unless the request is made by another public agency. If the Negative Declaration has been submitted to the State Clearinghouse for circulation, the public review period shall be at least as long as the period of review by the State 2010 City of Arcadia Local Guidelines 6 -2 ©Best Best Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act (20101 Clearinghouse. (See Local Guidelines Section 6.07.) Day one of the state review period shall be the date that the State Clearinghouse distributes the document to state agencies. If the Lead Agency is submitting a Negative Declaration or Mitigated Negative Declaration to the State Clearinghouse, the Notice of Completion form may be used. The Notice of Intent to Adopt a Negative Declaration or Mitigated Negative Declaration shall contain the following information: (a) The period during which comments shall be received; (b) The date, time and place of any public meetings or hearings on the proposed project; (c) A brief description of the proposed project and its location; (d) The address where copies of the proposed Negative Declaration or Mitigated Negative Declaration and all documents referenced in the proposed Negative Declaration or Mitigated Negative Declaration are available for review; (e) The Environmental Protection Agency "EPA list on which the proposed project site is located, if applicable, and the corresponding information from the applicant's statement. (See Local Guidelines Section 2.04.); and (f) The significant effects on the environment, if any, anticipated as a result of the proposed project. 6.05 PROJECTS AFFECTING MILITARY SERVICES; DEPARTMENT OF DEFENSE NOTIFICATION. CEQA imposes additional requirements to provide notice to potentially affected military agencies when: (a) The project meets one of the following three criteria: (1) The project includes a general plan amendment; (2) The project is of statewide, regional, or areawide significance; (3) The project relates to a public use airport or certain lands surrounding a public use airport; and (b) A "military service" (defined in Section 10.39 of these Local Guidelines) has provided its contact office and address and notified the Lead Agency of the specific boundaries of a "low -level flight path" (defined in Section 10.35 of these Local Guidelines), "military impact zone" (defined in Section 10.38 of these Local Guidelines), or "special use airspace" (defined in Section 10.60 of these Local Guidelines) When a project meets these requirements, the City must provide the military service's designated contact with a copy of the Notice of Intent to Adopt a Negative Declaration or Mitigated Negative Declaration that has been prepared for the project, unless the project involves the remediation of lands contaminated with hazardous wastes and meets certain other requirements. See Public Resources Code Sections 21080.4 and 21092 and Health and Safety Code Sections 25300, et.seq.; 25396; and 25187. 2010 City of Arcadia Local Guidelines 6 -3 NEGATIVE DECLARATION ©Best Best Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act (2010) NEGATIVE DECLARATION The City must provide the military service with sufficient notice of its intent to adopt a Negative Declaration or Mitigated Negative Declaration to ensure that the military service has no fewer than twenty (20) days to review the documents before they are approved, provided that the military service shall have a minimum of thirty (30) days to review the environmental documents if the documents have been submitted to the State Clearinghouse. See State Guidelines Sections 15105(b) and 15190.5(c). 6.06 SPECIAL FINDINGS REQUIRED FOR FACILITIES WHICH MAY EMIT HAZARDOUS AIR EMISSIONS NEAR SCHOOLS. Special procedural rules apply to projects involving the construction or alteration of a facility within one quarter mile of a school /schools when: (1) the facility might reasonably be anticipated to emit hazardous air emissions or to handle an extremely hazardous substance or a mixture containing extremely hazardous substances in a quantity equal to or greater than the threshold specified in Health and Safety Code Section 25532(j), and (2) the emissions or substances may pose a health or safety hazard to persons who would attend or would be employed at the school. If the project meets both of those criteria, the City may not approve a Negative Declaration unless both of the following have occurred: (a) The City, as Lead Agency, consulted with the affected school district or districts having jurisdiction over the school regarding the potential impact of the project on the school; and (b) The school district(s) was given written notification of the project not less than thirty (30) days prior to the proposed approval of the Negative Declaration. When the City is considering the adoption of a Negative Declaration for a project that meets these criteria, it can satisfy this requirement by providing the Notice of Intent to Adopt a Negative Declaration and the proposed Negative Declaration and Initial Study to the potentially affected school district at least thirty (30) days before the decision making body will consider the adoption of the Negative Declaration. See also Local Guidelines Section 6.04. Implementation of this Guideline shall be consistent with the definitions and terms utilized in State Guidelines Section 15186. 6.07 POSTING AND PUBLICATION OF NEGATIVE DECLARATION OR MITIGATED NEGATIVE DECLARATION. The City shall have a copy of the Notice of Intent to Adopt, the Negative Declaration or Mitigated Negative Declaration and the Initial Study posted at the City's offices and made available for public inspection. The Notice must be provided either twenty (20) or thirty (30) days prior to final adoption of the Negative Declaration or Mitigated Negative Declaration. The public review period for Negative Declarations prepared for projects subject to State Clearinghouse review must be circulated for at least as long as the review period established by the State Clearinghouse, usually no less than thirty (30) days. A shortened review period of at least twenty (20) days may be approved by the State Clearinghouse as provided for in State Guidelines Section 15105. The state review period will commence on the date the State Clearinghouse distributes the document to state agencies. The State Clearinghouse will 2010 City of Arcadia Local Guidelines 6 -4 ©Best Best Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act (2010) NEGATIVE DECLARATION distribute the document within three (3) days of receipt if the Negative Declaration or Mitigated Negative Declaration is deemed complete. The Notice must also be posted in the office of the Clerk in each county in which the Project is located and must remain posted throughout the public review period. The County Clerk is required to post the Notice within twenty -four (24) hours of receiving it. Notice shall be provided as stated in Local Guidelines Section 6.04. In addition, it must be given by at least one of the following procedures: (a) Publication at least once in a newspaper of general circulation in the area affected by the proposed project. If more than one area will be affected, the notice shall be published in the newspaper of largest circulation from among the newspapers of general circulation in those areas; (b) Posting of notice on and off site in the area where the project is to be located; or (c) Direct mailing to owners and occupants of property contiguous to the project, as shown on the latest equalized assessment roll. The City shall consider all comments received during the public review period for the Negative Declaration or Mitigated Negative Declaration. For a Negative Declaration or Mitigated Negative Declaration, the City is not required to respond in writing to comments it receives either during or after the public review period. However, the City may want to provide a written response to all comments if it will not delay action on the Negative Declaration or Mitigated Negative Declaration, since any comment received prior to final action on the Negative Declaration or Mitigated Negative Declaration can form the basis of a legal challenge. A written response which refutes the comment or adequately explains the City's action in light of the comment will assist the City in defending against a legal challenge. The City shall notify any public agency which comments on a Negative Declaration or Mitigated Negative Declaration of the public hearing or hearings, if any, on the project for which the Negative Declaration or Mitigated Negative Declaration was prepared. 6.08 SUBMISSION OF NEGATIVE DECLARATION OR MITIGATED NEGATIVE DECLARATION TO STATE CLEARINGHOUSE. A Negative Declaration or Mitigated Negative Declaration must be submitted to the State Clearinghouse for circulation in the following situations: (a) The Negative Declaration or Mitigated Negative Declaration is prepared by a Lead Agency that is a state agency; (b) The Negative Declaration or Mitigated Negative Declaration is prepared by a public agency where a state agency is a Responsible Agency, Trustee Agency, or otherwise has jurisdiction by law with respect to the project; or (c) The Negative Declaration or Mitigated Negative Declaration is for a project identified in State Guidelines Section 15206 as being of statewide, regional, or areawide significance. State Guidelines Section 15206 identifies the following types of projects as being examples of projects of statewide, regional, or areawide significance which require submission to the State Clearinghouse for circulation: 2010 City of Arcadia Local Guidelines 6 -5 ©Best Best Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act (2010) NEGATIVE DECLARATION (1) Projects which have the potential for causing significant environmental effects beyond the city or county where the project would be located, such as: (3) 2010 City of Arcadia Local Guidelines (a) Residential development of more than 500 units; (b) Commercial projects employing more than 1,000 persons or covering more than 500,000 square feet of floor space; (c) Office building projects employing more than 1,000 persons or covering more than 250,000 square feet of floor space; (d) Hotel or motel development of more than 500 rooms; or (e) Industrial projects housing more than 1,000 persons, occupying more than 40 acres of land, or covering more than 650,000 square feet of floor area. (2) Projects for the cancellation of a Williamson Act contract covering more than 100 acres. Projects in one of the following Environmentally Sensitive Areas: (a) Lake Tahoe Basin. (b) Santa Monica Mountains Zone. (c) Sacramento -San Joaquin River Delta. (d) Suisun Marsh. (e) Coastal Zone, as defined by the California Coastal Act. (f) Areas within one quarter mile of a river designated as wild and scenic. (g) Areas within the jurisdiction of the San Francisco Bay Conservation and Development Commission. (4) Projects which would affect sensitive wildlife habitats or the habitats of any rare, threatened, or endangered species. (5) Projects which would interfere with water quality standards. (6) Projects which would provide housing, jobs, or occupancy for 500 or more people within 10 miles of a nuclear power plant. A Negative Declaration or Mitigated Negative Declaration may also be submitted to the State Clearinghouse for circulation if a state agency has special expertise with regard to the environmental impacts involved. When the Negative Declaration or Mitigated Negative Declaration is submitted to the State Clearinghouse for review, the review period shall be at least thirty (30) days. The review period begins (day one) on the date that the State Clearinghouse distributes the Negative Declaration or Mitigated Negative Declaration to state agencies. The State Clearinghouse is required to distribute the Negative Declaration or Mitigated Negative Declaration to state agencies within three (3) working days from the date the State Clearinghouse receives the document, as long as the Negative Declaration or Mitigated Negative Declaration is complete 6 -6 ©Best Best Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act (2010) NEGATIVE DECLARATION when submitted to the State Clearinghouse. If the document submitted to the State Clearinghouse is not complete, the State Clearinghouse must notify the Lead Agency. The review period for the public and all other agencies may run concurrently with the state agency review period established by the State Clearinghouse, but the public review period cannot conclude before the state agency review period does. The review period for the public shall be at least as long as the review period established by the State Clearinghouse. When a Negative Declaration or Mitigated Negative Declaration is submitted to the State Clearinghouse, a Notice of Completion (Form "H should be included as a cover sheet. A sufficient number of copies of the documents must be sent to the State Clearinghouse for circulation. Staff should contact the State Clearinghouse to find out the correct number of printed conies required for circulation. In addition to the printed copies, a copy of the documents in electronic format shall be submitted on a diskette or by electronic mail transmission if available. Alternatively, the City may provide copies of draft environmental documents to the State Clearinghouse for state agency review in an electronic format. The document must be on a CD- ROM in a common file format such as Word or Acrobat. Lead Agencies must provide fifteen (15) copies of the CD -ROM to the State Clearinghouse along with a hard copy version of the Notice of Completion (Form "H In addition, each CD -ROM must be accompanied by 15 printed copies of the introduction section of a Negative Declaration or Mitigated Negative Declaration. The printed summary allows both the State Clearinghouse and agency CEQA coordinators to distribute the documents quickly without the use of a computer. A shorter review period by the State Clearinghouse for a Negative Declaration or Mitigated Negative Declaration can be requested by the decisionmaking body. The shortened review period shall not be less than twenty (20) days. Such a request must be made in writing by the Lead Agency to the Office of Planning and Research. The decisionmaking body may designate by resolution or ordinance an individual authorized to request a shorter review period. Any approval of a shortened review period must be given prior to, and reflected in, the public notice. However, a shortened review period shall not be approved by the Office of Planning and Research for any proposed project of statewide, regional or areawide environmental significance, as defined by State Guidelines Section 15206. 6.09 SPECIAL NOTICE REQUIREMENTS FOR WASTE AND FUEL BURNING PROJECTS. For any waste burning project not requiring an EIR, as defined in Local Guidelines Section 5.10, Notice of Intent to Adopt a Negative Declaration shall be given to all organizations and individuals who have previously requested it and shall also be given by all three of the procedures listed in Local Guidelines Section 6.07. In addition, Notice shall be given by direct mailing to the owners and occupants of property within one quarter mile of any parcel or parcels on which such a project is located. (Public Resources Code Section 21092(c).) These notice requirements apply only to those projects described in Local Guidelines Section 5.10. These notice requirements do not preclude the City from providing additional notice by other means if desired. 2010 City of Arcadia Local Guidelines 6 -7 ©Best Best Krieger LLP Local Guidelines for Implementing the California Environmental Ouality Act (2010) NEGATIVE DECLARATION 6.10 CONSULTATION WITH WATER AGENCIES REGARDING LARGE DEVELOPMENT PROJECTS. Under specific circumstances a city or county acting as Lead Agency must consult with the public water system which will supply the project to determine whether it can adequately supply the water needed for the project. In its role as a Lead Agency and as a potential Responsible Agency, the City should be aware of these requirements. See Local Guidelines Section 5.15 for more information on these requirements. 6.11 CONTENT OF NEGATIVE DECLARATION. A Negative Declaration must be prepared directly by or under contract to the City and should generally resemble Form "E." It shall coltain the following information: (a) A brief description of the project proposed, including any commonly used name for the project; (b) The location of the project and the name of the project proponent; (c) A finding that the project as proposed will not have a significant effect on the environment; (d) An attached copy of the Initial Study documenting reasons to support the finding; and (e) For a Mitigated Negative Declaration, feasible mitigation measures included in the project to substantially lessen or avoid potentially significant effects, which must be fully enforceable through permit conditions, agreements, or other measures. Such permit conditions, agreements, and measures must be consistent with applicable constitutional requirements such as the "nexus" and "rough proportionality" standards established by case law. The proposed Negative Declaration or Mitigated Negative Declaration must reflect the independent judgment of the City. 6.12 TYPES OF MITIGATION. The following is a non exhaustive list of potential types of mitigation the City may consider: (a) Avoidance; (b) Preservation; (c) Rehabilitation or replacement. Replacement may be on -site or off -site depending on the particular circumstances; and/or (d) Participation in a fee program. 6.13 ADOPTION OF NEGATIVE DECLARATION OR MITIGATED NEGATIVE DECLARATION. Following the publication, posting or mailing of the Notice of Intent to Adopt a Negative Declaration or Mitigated Negative Declaration, but in no event sooner than the expiration of the applicable twenty (20) or thirty (30) day public review period, the Negative Declaration or Mitigated Negative Declaration may be presented to the decisionmaking body at a regular or special meeting. Prior to adoption, the City shall independently review and analyze the Negative 2010 City of Arcadia Local Guidelines 6 -8 ©Best Best Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act (20101 NEGATIVE DECLARATION Declaration or Mitigated Negative Declaration and find that the Negative Declaration or Mitigated Negative Declaration reflects the independent judgment of the City. If new information is added to the Negative Declaration after public review, the City should determine whether recirculation is warranted. (See Local Guidelines Section 6.16). If the decisionmaking body finds that the project will not have a significant effect on the environment, it shall adopt the Negative Declaration or Mitigated Negative Declaration. If the decisionmaking body finds that the proposed project may have a significant effect on the environment that cannot be mitigated or avoided, it shall order the preparation of a Draft EIR and the filing of a Notice of Preparation of a Draft EIR. When adopting a Negative Declaration or Mitigated Negative Declaration, the City shall specify the location and custodian of the documents or other material which constitute the record of proceedings upon which it based its decision. If adopting a Negative Declaration for a project that may emit hazardous air emissions within one quarter mile of a school and that meets the other requirements of Local Guidelines Section 6.06, the decisionmaking body must also make the findings required by Local Guidelines Section 6.06. As Lead Agency, the City may charge a non elected official or body with the responsibility of independently reviewing the adequacy of and adopting a Negative Declaration; however, when a non elected decisionmaking body adopts a Negative Declaration or Mitigated Negative Declaration, the City must have a procedure allowing for the appeal of that decision to the City Council. 6.14 MITIGATION REPORTING OR MONITORING PROGRAM FOR MITIGATED NEGATIVE DECLARATION. When adopting a Mitigated Negative Declaration pursuant to Local Guidelines Section 6.12, the City shall adopt a reporting or monitoring program to assure that mitigation measures, which are required to mitigate or avoid significant effects on the environment will be fully enforceable through permit conditions, agreements, or other measures and implemented by the project proponent or other responsible party in a timely manner, in accordance with conditions of project approval. The City shall also specify the location and the custodian of the documents which constitute the record of proceedings upon which it based its decision. There is no requirement that the reporting or monitoring program be circulated for public review; however, the City may choose to circulate it for public comments along with the Negative Declaration. The mitigation measures required to mitigate or avoid significant effects on the environment must be adopted as conditions of project approval. This reporting or monitoring program shall be designed to assure compliance during the implementation or construction of a project and shall otherwise comply with the requirements described in Local Guidelines Section 7.33. If a Responsible Agency or Trustee Agency has required that certain conditions be incorporated into the project, the City may request that agency to prepare and submit a proposed reporting or monitoring program. The City shall also require that, prior to the close of the public review period for a Mitigated Negative Declaration (see Guidelines Section 6.04), the Responsible or Trustee Agency submit detailed performance objectives for mitigation measures, or refer the City to appropriate, readily available guidelines 2010 City of Arcadia Local Guidelines 6 -9 ©Best Best Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act (2010) NEGATIVE DECLARATION or reference documents. Any mitigation measures submitted to the City by a Responsible or Trustee Agency shall be limited to measures which mitigate impacts to resources which are within the Responsible or Trustee Agency's authority. Local agencies have the authority to levy fees sufficient to pay for this program. Therefore, the City can charge the project proponent a fee to cover actual costs of program processing and implementation. Transportation information resulting from the reporting or monitoring program required to be adopted by the City shall be submitted to the regional transportation planning agency where the project is located and to the Department of Transportation for a project of statewide, regional or areawide significance according to State Guidelines Section 15206. The transportation planning agency and the Department of Transportation are required by law to adopt guidelines for the submittal of these reporting or monitoring programs, so the City may wish to tailor its submittal to such guidelines. 6.15 APPROVAL OR DISAPPROVAL OF PROJECT. At the time of adoption of a Negative Declaration or Mitigated Negative Declaration, the decisionmaking body may consider the project for purposes of approval or disapproval. Prior to approving the project, the decisionmaking body shall consider the Negative Declaration or Mitigated Negative Declaration, together with any written comments received and considered during the public review period, and shall approve or disapprove the Negative Declaration or Mitigated Negative Declaration. In making a finding as to whether there is any substantial evidence that the project will have a significant effect on the environment, the factors listed in Local Guidelines Section 5.08 should be considered. (See Local Guidelines Section 6.06 for approval requirements for facilities which may emit hazardous pollutants or which may handle extremely hazardous substances within one quarter mile of a school site.) 6.16 RECIRCULATION OF A NEGATIVE DECLARATION OR MITIGATED NEGATIVE DECLARATION. (a) (b) A Negative Declaration or Mitigated Negative Declaration must be recirculated when the document must be substantially revised after the public review period but prior to its adoption. A "substantial revision" occurs when the City has identified a new and avoidable significant effect for which mitigation measures or project revisions must be added in order to reduce the effect to a level of insignificance, or the City determines that the proposed mitigation measures or project revisions will not reduce the potential effects to less than significant and new measures or revisions must be required. Recirculation is not required under the following circumstances: Mitigation measures are replaced with equal or more effective measures, and the City makes a finding to that effect; New project revisions are added after circulation of the Negative Declaration or Mitigated Negative Declaration or in response to written or oral comments on the project's effects, but the revisions do not create new significant environmental effects and are not necessary to mitigate an avoidable significant effect; 2010 City of Arcadia Local Guidelines 6 -10 ©Best Best Krieger LLP Local Guidelines for Implementing the Califomia Environmental Quality Act (2010) NEGATIVE DECLARATION (c) Measures or conditions of project approval are added after circulation of the Negative Declaration or Mitigated Negative Declaration, but the measures or conditions are not required by CEQA, do not create new significant environmental effects and are not necessary to mitigate an avoidable significant effect; or (d) New information is added to the Negative Declaration or Mitigated Declaration which merely clarifies, amplifies, or makes insignificant modifications to the Negative Declaration or Mitigated Negative Declaration. If, after preparation of a Negative Declaration or Mitigated Negative Declaration, the City determines that the project requires an EIR, it shall prepare and circulate the Draft EIR for consultation and review and advise reviewers in writing that a proposed Negative Declaration or Mitigated Declaration had previously been circulated for the project. 6.17 NOTICE OF DETERMINATION ON A PROJECT FOR WHICH A PROPOSED NEGATIVE OR MII IGATED NEGATIVE DECLARATION HAS BEEN APPROVED. After final approval of a project for which a Negative Declaration has been prepared, Staff shall cause to be prepared, filed and posted a Notice of Determination (Form "F The Notice of Determination shall contain the following information: (a) An identification of the project, including the project title as identified on the proposed Negative Declaration, location, and the State Clearinghouse identification number for the proposed Negative Declaration if the Notice of Determination is filed with the State Clearinghouse; (b) A brief description of the project; (c) The name of the City and the date on which the City approved the project; (d) The determination of the City that the project will not have a significant effect on the environment; (e) A statement that a Negative Declaration or Mitigated Negative Declaration was adopted pursuant to the provisions of CEQA; (f) A statement indicating whether mitigation measures were made a condition of the approval of the project, and whether a mitigation monitoring plan/program was adopted; and (g) The address where a copy of the Negative Declaration or Mitigated Negative Declaration may be examined. The Notice of Determination shall be filed with the Clerk of each county in which the project will be located within five (5) working days of project approval. The City is encouraged to make copies of filed notices available in electronic format on the Internet. Such electronic notices are in addition to the posting requirements of the CEQA Guidelines and the Public Resources Code. The Clerk must post the Notice of Determination within twenty -four (24) hours of receipt. The Notice must be posted in the office of the Clerk for a minimum of thirty (30) days. Thereafter, the Clerk shall return the notice to the City with a notation of the period it was posted. The City shall retain the notice for not less than twelve (12) months. If the project requires discretionary approval from any State agency, the Notice of Determination shall also be filed with the Office of Planning and Research within five (5) working days of project approval along with proof of payment of the California Department of Fish and Game fee or a no effect 2010 City of Arcadia Local Guidelines 6 -11 ©Best Best Krieger LLP Local Guidelines for Implementing the Califomia Environmental Quality Act (2010) NEGATIVE DECLARATION determination form from the DFG (see Local Guidelines Section 6.21). Simultaneously with the filing of the Notice of Determination with the Clerk, Staff shall cause a copy of the Notice of Determination to be posted at City Hall. If a written request has been made for a copy of the Notice prior to the date on which the City adopts the Negative Declaration, the copy must be mailed, first class postage prepaid, within five (5) days of the City's determination. If such a request is made following the City's determination, then the copy should be mailed in the same manner as soon as possible. The recipients of such documents may be charged a fee reasonably related to the cost of providing the service. For projects with more than one phase, Staff shall file a Notice of Determination for each phase requiring a discretionary approval. The filing and posting of the Notice of Determination with the County Clerk, and, if necessary, with the Office of Planning and Research, usually starts a thirty (30) day statute of limitations on court challenges to the approval under CEQA. When separate notices are filed for successive phases of the same overall project, the thirty (30) day statute of limitation to challenge the subsequent phase begins to run when the second notice is filed. Failure to file the Notice may result in a one hundred eighty (180) day statute of limitations. 6.18 ADDENDUM TO NEGATIVE DECLARATION. The City may prepare an addendum to an adopted Negative Declaration if only minor technical changes or additions are necessary. The City may also prepare an addendum to an adopted Negative Declaration when none of the conditions calling for a subsequent Negative Declaration have occurred. (See Local Guidelines Section 6.19 below.) An addendum need not be circulated for public review but can be attached to the adopted Negative Declaration. The City shall consider the addendum with the adopted Negative Declaration prior to project approval. 6.19 SUBSEQUENT NEGATIVE DECLARATION. When a Negative Declaration has been adopted for a project, or when an EIR has been certified, a subsequent Negative Declaration or EIR must be prepared in the following instances: (a) Substantial changes are proposed in the project which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (b) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (c) New information of substantial importance which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified or the Negative Declaration was adopted which shows any of the following: 2010 City of Arcadia Local Guidelines 6 -12 ©Best Best Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act (2010) NEGATIVE DECLARATION (1) The project will have one or more significant effects not discussed in the previous EIR or Negative Declaration; (2) Significant effects previously examined will be substantially more severe than shown in the previous EIR; (3) Mitigation measure(s) or alternative(s) previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents declined to adopt the mitigation measure(s) or altemative(s); or (4) Mitigation measure(s) or altemative(s) which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure(s) or alternative(s). The City as Lead Agency would then determine whether a Subsequent EIR, Supplemental EIR, Negative Declaration or Addendum would be applicable. Subsequent Negative Declarations must be given the same notice and public review period as other Negative Declarations. The Subsequent Negative Declaration shall state where the previous document is available and can be reviewed. 6.20 PRIVATE PROJECT COSTS. For private projects, the person or entity proposing to carry out the project shall bear all costs incurred by the City in preparing the Initial Study and in preparing and filing the Negative Declaration and Notice of Determination. 6.21 FILING FEES FOR PROJECTS WHICH AFFECT WILDLIFE RESOURCES. At the time a Notice of Determination for a Negative Declaration is filed with the County or Counties in which the project is located, a fee of $2,010.25 shall be paid to the Clerk for projects which will adversely affect fish or wildlife resources. These fees are collected by the Clerk on behalf of DFG pursuant to Fish and Game Code Section 711.4. Only one filing fee is required for each project unless the project is tiered or phased and separate environmental documents are prepared. (Fish Game Code Section 711.4(g).) For projects where Responsible Agencies file separate Notices of Determination, only the Lead Agency is required to pay the fee. Note: County Clerks are authorized to charge a documentary handling fee of up to $50.00 for each project in addition to the Fish and Game fees specified above. Refer to the Index in the Staff Summary to help determine the correct total amount of fees applicable to the project. For private projects, the City may pass these costs on to the project applicant. Fish and Game Code fees may be waived for projects with "no effect" on fish or wildlife resources or for certain projects undertaken by the DFG and implemented through a contract 2010 City of Arcadia Local Guidelines 6 -13 ©Best Best Krieger LLP Local Guidelines for Implementing the Califomia Environmental Duality Act (2010) NEGATIVE DECLARATION with a non -profit entity or local government agency; however, the Lead Agency must obtain a form showing that the DFG has determined that the project will have "no effect" on fish and wildlife. (Fish and Game Code Section 711.4(c)(2)(A)). Projects that are statutorily or categorically exempt from CEQA are also not subject to the filing fee, and do not require a no effect determination (CEQA Local Guidelines Sections 15260 through 15333; Fish and Game Code Section 711.4(d)(1)). Regional Department environmental review and permitting staff are responsible for determining whether a project within their region will qualify for a no effect determination and if the CEQA filing fee will be waived. The request should be submitted when the CEQA document is released for public review, or as early as possible in the public .comment period. Documents submitted in digital format are preferred (e.g. compact disk). If insufficient documentation is submitted to DFG for the proposed project, a no effect determination will not be issued. If the City believes that a project for which it is lead agency will have "no effect" on fish or wildlife resources, it should contact the DFG Department Regional Office. The project's CEQA document may need to be provided to the DFG Department Regional Office along with a written request. Documentation submitted to the DFG Department Regional Office should set forth facts in support of the fee exemption. Previous examples of projects that have qualified for a fee exemption include• minor zoning changes that did not lead to or allow new construction, grading, or other physical alterations to the environment and minor modifications to existing structures including addition of a second story to single or multi family residences. It is important to note that the fee exemption requirement that the project have "no" impact on fish or wildlife resources is more stringent than the former requirement that a project have only "de minimis" effects on fish or wildlife resources. DFG may determine that a project would have no effect on fish and wildlife if all of the following conditions apply: The project would not result in or have the potential to result in harm, harassment, or take of any fish and/or wildlife species. The project would not result in or have the potential to result in direct or indirect destruction, ground disturbance, or other modification of any habitat that may support fish and/or wildlife species. The project would not result in or have the potential to result in the removal of vegetation with potential to support wildlife. The project would not result in or have the potential to result in noise, vibration, dust, light, pollution, or an alteration in water quality that may affect fish and/or wildlife directly or from a distance. The project would not result in or have the potential to result in any interference with the movement of any fish and/or wildlife species. 2010 City of Arcadia Local Guidelines 6 -14 OBest Best Krieger LLP Local Guidelines for Implementing the California Environmental Ouality Act (2010) NEGATIVE DECLARATION Any request for a fee exemption should include the following information: (1) the name and address of the project proponent and applicant contact information; (2) a brief description of the project and its location; (3) site description and aerial and/or topographic map of the project site; (4) State Clearinghouse number or county filing number; (5) a statement that an Initial Study has been prepared by the City to evaluate the project's effects on fish and wildlife resources, if any; and ts (6) a declaration that, based on the City's evaluation of potential adverse effects on fish and wildlife resources, the City believes the project will have no effect on fish or wildlife. If insufficient documentation is submitted to DFG for the proposed project, a no effect determination will not be issued. (A sample Request for Fee Exemption is attached as Form "L DFG will review the City's finding, and if DFG agrees with the Lead Agency's conclusions, DFG will provide the City with written confirmation. Retain DFG's determination as part of the administrative record; the City is required to file a copy of this determination with the County after project approval and at the time of filing of the Notice of Determination (NOD). The Lead Agency must have written confirmation of DFG's finding of "no impact" at the time the Lead Agency files its Notice of Determination with the County. The County cannot accept the Notice of Determination unless it is accompanied by the appropriate fee or a written no effect determination from DFG. 2010 City of Arcadia Local Guidelines 6 -15 ©Best Best Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act (2010) 7. ENVIRONMENTAL IMPACT REPORT 7.03 NOTICE OF PREPARATION OF DRAFT EIR. ENVIRONMENTAL IMPACT REPORT 7.01 DECISION TO PREPARE AN EIR. An EIR shall be prepared whenever there is substantial evidence in light of the whole record which supports a fair argument that the project may have a significant effect on the environment. (See Local Guidelines Sections 10.59 and 10.64.) The record may include the Initial Study or other documents or studies prepared to assess the project's environmental impacts. 7.02 CONTRACTING FOR PREPARATION OF EIRS. If an EIR is prepared under a contract to the City, the contract must be executed within forty -five (45) days from the date on which the City sends a Notice of Preparation. The City may take longer to execute the contract if the project applicant and the City mutually agree to an extension of the 45 -day time limit. The EIR prepared under contract must be the City's product. Staff, together with such consultant help as may be required, shall independently review and analyze the EIR to verify its accuracy, objectivity and completeness prior to presenting it to the decisionmaking body. The EIR made available for public review must reflect the independent judgment of the City. Staff may require such information and data from the person or entity proposing to carry out the project as it deems necessary for completion of the EIR. After determining that an EIR will be required for a proposed project, the City as Lead Agency shall prepare and send a Notice of Preparation (Form "G to the Office of Planning and Research and to each of the following: (a) (b) Each Responsible Agency and Trustee Agency involved with the project; Any other federal, state, or local agency which has jurisdiction by law or exercises authority over resources affected by the project, including: (1) Any water supply agency consulted under Local Guidelines Section 5.15; (2) Any city or county bordering on the project area; (3) For a project of statewide, regional, or areawide significance, to any transportation agencies or public agencies which have major local arterials or public transit facilities within five (5) miles of the project site or freeways, highways, or rail transit service within ten (10) miles of the project site which could be affected by the project; and (4) For a subdivision project located within one mile of a facility of the State Water Resources Development System, to the California Department of Water Resources. 2010 City of Arcadia Local Guidelines 7 -1 ©Best Best Krieger LLP Local Guidelines for Implementing the Califomia Environmental Quality Act (20101 ENVIRONMENTAL IMPACT REPORT (c) The last known name and address of all organizations and individuals who have previously filed a written request with the City to receive these Notices; (d) For certain projects that may impact a low -level flight path, military impact zone, or special use airspace and that meet the other criteria in Local Guidelines Section 7.04 (See also Local Guidelines Section 7.21), to the specified military services contact. (e) For certain projects that involve the construction or alteration of a facility anticipated to emit hazardous air emissions or handle hazardous substances within one quarter mile of a school and that meet the other requirements of Local Guidelines Section 7.31, to any potentially affected school district. (f) For certain waste burning projects that meet the requirements of Local Guidelines Section 5.10 (See also Local Guidelines Section 7.22), to the owners and occupants of property within one -fourth mile of any parcel on which the project will be located. (g) For a project that establishes or amends a redevelopment plan that contains land in agricultural use, notice of preparation shall be provided to the agricultural and farm agencies and organizations specified in Health and Safety Code Section 33333.3. The Notice of Preparation must also be filed and posted in the office of the Clerk in each county in which the project is located for thirty (30) days. The County Clerk must post the Notice within twenty -four (24) hours of receipt. When submitting the Notice of Preparation to the Office of Planning and Research, a Notice of Completion (Form "H should be used as a cover sheet. Responsible and Trustee Agencies, the State Clearinghouse, and the state agencies contacted by the State Clearinghouse have thirty (30) days to respond to the Notice of Preparation. Agencies that do not respond within thirty (30) days shall be deemed not to have any comments on the Notice of Preparation. The City shall send copies of the Notice of Preparation by certified mail or any other method of transmittal which provides it with a record that the Notice was received. At a minimum, the Notice of Preparation shall include: (a) A description of the project; (b) The location of the project indicated either on an attached map (preferably a copy of the USGS 15' or 7%2' topographical map identified by quadrangle name) or by a street address and cross street in an urbanized area; (c) The probable environmental effects of the project; (d) The name and address of the consulting firm retained to prepare the Draft EIR, if applicable; and (e) The Environmental Protection Agency "EPA list on which the proposed site is located, if applicable, and the corresponding information from the applicant's statement. (See Local Guidelines Section 2.04.) 7.04 SPECIAL NOTICE REQUIREMENTS FOR AFFECTED MILITARY AGENCIES CEQA imposes additional requirements to provide notice to potentially affected military agencies when: 2010 City of Arcadia Local Guidelines 7 -2 ©Best Best Krieger LLP Local Guidelines for Implementing the Califomia Environmental Quality Act (2010) ENVIRONMENTAL IMPACT REPORT (a) A "military service" (defined in Section 10.39 of these Local Guidelines) has provided the City with its contact office and address and notified the City of the specific boundaries of a "low -level flight path" (defined in Section 10.35 of these Local Guidelines), "military impact zone" (defined in Section 10.38 of these Local Guidelines), or "special use airspace" (defined in Section 10.60 of these Local Guidelines); and (b) The project meets one of the following criteria: (1) The project is within the boundaries specified pursuant to subsection (a) of this guideline; (2) The project includes a general plan amendment; (3) The project is of statewide, regional, or areawide significance; or (4) The project relates to a public use airport or certain lands surrounding a public use airport. When a project meets these requirements, the City must provide the military service's designated contact with any Notice of Preparation, and /or Notice of Availability of Draft EIRs that have been prepared for a project, unless the project involves the remediation of lands contaminated with hazardous wastes and meets certain other requirements. See Public Resources Code Sections 21080.4 and 21092 and Health and Safety Code Sections 25300, et seq.; 25396; and 25187. The City must provide the military service with sufficient notice of its intent to certify an EIR to ensure that the military service has no fewer than thirty (30) days to review the document; or forty -five (45) days to review the environmental documents before they are approved if the documents have been submitted to the State Clearinghouse. It should be noted that the effect, or potential effect, a project may have on military activities does not itself constitute an adverse effect on the environment pursuant to CEQA. 7.05 PREPARATION OF DRAFT EIR. The City as Lead Agency is responsible for preparing a Draft EIR and may begin preparation immediately without awaiting responses to the Notice of Preparation. However, information communicated to the City not later than thirty (30) days after receipt of the City's Notice of Preparation shall be included in the Draft EIR. 7.06 CONSULTATION WITH OTHER AGENCIES AND PERSONS. To expedite consultation in response to the Notice of Preparation, the City as Lead Agency, a Responsible Agency, or a project applicant may request a meeting among the agencies involved to assist the City in determining the scope and content of the environmental information that agencies may require. For any project that may affect highways or other facilities under the jurisdiction of the State Department of Transportation, the Department of Transportation can request a scoping meeting. The City must convene the meeting as soon as possible but no later than 30 days after the request. 2010 City of Arcadia Local Guidelines 7 -3 ®Best Best Krieger LLP Local Guidelines for Implementing the California Environmental Oualitv Act (20101 ENVIRONMENTAL IMPACT REPORT Prior to completion of the Draft EIR, the City shall consult with each Responsible Agency and any public agency which has jurisdiction by law over the project. The City may fulfill this obligation by distributing the Notice of Preparation in compliance with Local Guidelines Section 7.03 and soliciting the comments of Responsible Agencies, Trustee Agencies, and other affected agencies. The City may also consult with any individual who has special expertise with respect to any environmental impacts involved with a project. The City may also consult directly with any person or organization it believes will be concerned with the environmental effects of the project, including any interested individuals and organizations of which the City is reasonably aware. The purpose of this consultation is to "scope" the EIR's range of analysis. When a Negative Declaration or Mitigated Negative Declaration will be prepared for a project, no scoping meeting need be held, although the City may hold one if it so chooses. The City as Lead Agency may charge and collect from the applicant a fee not to exceed the actual cost of the consultations. In addition to soliciting comments on the Notice of Preparation, the City may be required to conduct a scoping meeting to take additional input regarding the impacts to be analyzed in the EIR. The City is required to conduct a scoping meeting when: (a) The meeting is requested by a Responsible Agency, a Trustee Agency, the Office of Planning and Research, or a project applicant; (b) The project is one of "statewide, regional or areawide significance" as defined in State Guidelines Section 15206; or (c) The project may affect highways or other facilities under the jurisdiction of the State Department of Transportation and the Department of Transportation has requested a scoping meeting. The City shall provide notice of the scoping meeting to all of the following: (a) Any county or city that borders on a county or city within which the project is located, unless the City has a specific agreement to the contrary with that county or city; (b) Any Responsible Agency; (c) Any public agency that has jurisdiction by law over the project; (d) A transportation planning agency, or any public agency that has transportation facilities within its jurisdiction, that could be affected by the project; and (e) Any organization or individual who has filed a written request for the notice. The requirement for providing notice of a scoping meeting may be met by including the notice of the public scoping meeting in the public meeting notice. For projects that are also subject to NEPA, a scoping meeting held pursuant to NEPA satisfies the CEQA scoping requirement as long as notice is provided to the agencies and individuals listed above, and in accordance with these Local Guidelines. (See Local Guideline 5.04 for a discussion of NEPA). The City shall call the scoping meeting as soon as possible but not later than 30 days after the meeting was requested. 2010 City of Arcadia Local Guidelines 7 -4 ©Best Best Krieger LLP Local Guidelines for Implementing the California Environmental Ouality Act (2010) ENVIRONMENTAL IMPACT REPORT A Responsible Agency or other public agency shall only make comments regarding those activities within its area of expertise or which are required to be carried out or approved by it. These comments must be supported by specific documentation. Any mitigation measures submitted to the City by a Responsible or Trustee Agency shall be limited to measures which mitigate impacts to resources which are within the Responsible or Trustee Agency's authority. For projects of statewide, areawide, or regional significance, consultation with transportation planning agencies or with public agencies that have transportation facilities within their jurisdictions shall be for the purpose of obtaining information concerning the project's effect on major local arterials, public transit, freeways, highways, overpasses, on- ramps, off ramps, and rail transit services. Any transportation planning agency or public agency that provides information to the lead agency must be notified of, and provided with, copies of any environmental documents relating to the project. 7.07 EARLY CONSULTATION ON PROJECTS INVOLVING PERMIT ISSUANCE. When the project involves the issuance of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies, the City, upon request of the applicant, shall meet with the applicant regarding the range of actions, potential alternatives, mitigation measures and significant effects to be analyzed in depth in the EIR. The City may also consult with concerned persons identified by the applicant and persons who have made written requests to be consulted. Such requests for early consultation must be made not later than thirty (30) days after the City's decision to prepare an EIR. 7.08 CONSULTATION WITH WATER AGENCIES REGARDING LARGE DEVELOPMENT PROJECTS. For certain development projects, cities and counties must consult with water agencies. See Local Guidelines Section 5.15 for more information on these requirements. 7.09 AIRPORT LAND USE PLAN. When the City prepares an EIR for a project within the boundaries of a comprehensive airport land use plan or, if such a plan has not been adopted for a project within two (2) nautical miles of a public airport or public use airport, the City shall utilize the Airport Land Use Planning Handbook published by CalTrans' Division of Aeronautics to assist in the preparation of the EIR relative to potential airport or related safety hazards and noise problems. 7.10 GENERAL ASPECTS OF AN EIR. Both a Draft and Final EIR must contain the information outlined in Local Guidelines Section 7.14. Each element must be covered, and when elements are not separated into distinct sections, the document must state where in the document each element is covered. The body of the EIR shall include summarized technical data, maps, diagrams and similar relevant information. Highly technical and specialized analyses and data should be included in appendices. Appendices may be prepared in separate volumes, but must be equally available to the public for examination. All documents used in preparation of the EIR must be referenced. 2010 City of Arcadia Local Guidelines 7 -5 ©Best Best Krieger LLP Local Guidelines for Implementing the California Environmental Ouality Act (2010) ENVIRONMENTAL IMPACT REPORT An EIR shall not include "trade secrets," locations of archaeological sites and sacred lands, or any other information subject to the disclosure restrictions of the Public Records Act (Government Code Section 6250, et seq.). The EIR should discuss environmental effects in proportion to their severity and probability of occurrence. Effects dismissed in the Initial Study as clearly insignificant and unlikely to occur need not be discussed. The Initial Study should be used to focus the EIR so that the EIR identifies and discusses only the specific environmental problems or aspects of the project which have been identified as potentially significant or important. A copy of the Initial Study should be attached to the EIR or included in the administrative record to provide a basis for limiting the impacts discussed. The EIR shall contain a statement briefly indicating the reason for determining that various effects of a project that could possibly be considered significant were not found to be significant and consequently were not discussed in detail in the EIR. The City should also note any conclusion by it that a particular impact is too speculative for evaluation. The EIR should omit unnecessary descriptions of projects and emphasize feasible mitigation measures and alternatives to projects. 7.11 USE OF REGISTERED CONSULTANTS IN PREPARING EIRs. An EIR is not a technical document that can be prepared only by a registered consultant or professional. However, state statutes may provide that only registered professionals can prepare certain technical studies which will be used in or which will control the detailed design, construction, or operation of the proposed project and which will be prepared in support of an EIR. 7.12 INCORPORATION BY REFERENCE. An EIR, or a Negative Declaration or Mitigated Negative Declaration, may incorporate by reference all or portions of another document which is a matter of public record or is generally available to the public. Any incorporated document shall be considered to be set forth in full as part of the text of the environmental document. When all or part of another document is incorporated by reference, that document shall be made available to the public for inspection at the City's offices. The environmental document shall state where incorporated documents will be available for inspection. When incorporation by reference is used, the incorporated part of the referenced document shall be briefly summarized, if possible, or briefly described if the data or information cannot be summarized. The relationship between the incorporated document and the EIR, Negative Declaration or Mitigated Negative Declaration shall be described. When information from an environmental document that has previously been reviewed through the state review system "State Clearinghouse is incorporated by the City, the state identification number of the incorporated document should be included in the summary or text of the EIR. 2010 City of Arcadia Local Guidelines 7 -6 ©Best Best Krieger LLP Local Guidelines for hnplernenting the California Environmental Oualitv Act (2010) ENVIRONMENTAL IMPACT REPORT 7.13 STANDARDS FOR ADEQUACY OF AN EIR. An EIR should be prepared with a sufficient degree of analysis to provide decision makers with information which enables them to make a decision which takes into account the environmental consequences of the project. The evaluation of environmental effects need not be exhaustive, but must be within the scope of what is reasonably feasible. The EIR should be written and presented in such a way that it can be understood by governmental decision makers and members of the public. A good faith effort at completeness is necessary. The adequacy of an EIR is assessed in terms of what is reasonable in light of factors such as the magnitude of the project at issue, the severity of its likely environmental impacts, and the geographic scope of the project. CEQA does not require a Lead Agency to conduct every test or perform all research, study, and experimentation recommended or demanded by commenters, but CEQA does require the Lead Agency to make a good faith, reasoned response to timely comments raising significant environmental issues. There is no need to unreasonably delay adoption of an EIR in order to include results of studies in progress, even if those studies will shed some additional light on subjects related to the project. 7.14 FORM AND CONTENT OF EIR. The text of the EIR should normally be less than 150 pages. For proposals of unusual scope or complexity, the EIR may be longer than 150 pages but should normally be less than 300 pages. The required contents of an EIR are set forth in Sections 15122 through 15132 of the State Guidelines. In brief, the EIR must contain: (a) A table of contents or an index. (b) A brief summary of the proposed project, including each significant effect with proposed mitigation measures and alternatives, areas of known controversy and issues to be resolved including the choice among alternatives, how to mitigate the significant effects and whether there are any significant and unavoidable impacts. (Generally, the summary should be less than fifteen (15) pages.) (c) A description of the proposed project, including its underlying purpose and a list of permit and other approvals required to implement the project. (See Local Guidelines Section 7.19 regarding analysis of future project expansion.) (d) A description of the project's physical environmental conditions from both a local and regional perspective at the time the Notice of Preparation is published, or if no Notice of Preparation is published, at the time environmental analysis begins. (State Guidelines Section 15125.) This environmental setting will normally constitute the baseline physical conditions by which the City determines whether an impact is significant. However, the City may choose any baseline that is appropriate as long as the City's choice of baseline is supported by substantial evidence. (e) A discussion of any inconsistencies between the proposed project and applicable general, specific and regional plans. Such plans include, but are not limited to, the applicable air quality attainment or maintenance plan or State Implementation Plan, areawide waste treatment and water quality control plans, regional transportation plans, regional housing allocation, regional blueprint plans, plans for the reduction of greenhouse gas emissions, 2010 City of Arcadia Local Guidelines 7 -7 ©Best Best Krieger LLP Local Guidelines for Implementing the Califomia Environmental Ouality Act (2010) ENVIRONMENTAL IMPACT REPORT (f) (j) habitat conservation plans, natural community conservation plans and regional land use plans. A description of the direct and indirect significant environmental impacts of the proposed project explaining which, if any, can be avoided or mitigated to a level of insignificance, indicating reasons that various possible significant effects were determined not to be significant and denoting any significant effects which are unavoidable or could not be mitigated to a level of insignificance. Direct and indirect significant effects shall be clearly identified and described, giving due consideration to both short-term and long- term effects. Potentially significant energy implications of a project must be considered to the extent relevant and applicable to the project. (See Local Guidelines Section 5.19.) An analysis of a railge of alternatives to the proposed project which could feasibly attain the project's objectives as discussed in Local Guidelines Section 7.18. A description of any significant irreversible environmental changes which would be involved in the proposed action should it be implemented if, and only if, the EIR is being prepared in connection with: (3) An analysis of the growth- inducing impacts of the proposed action. The discussion should include ways in which the project could foster economic or population growth, or the construction of additional housing, either directly or indirectly, in the surrounding environment. Growth- inducing impacts may include the estimated energy consumption of growth induced by the project. A discussion of any significant, reasonably anticipated future developments and the cumulative effects of all proposed and anticipated action as discussed in Local Guidelines Section 7.19. In certain situations, a regional analysis should be completed for certain impacts, such as air quality. A discussion of any economic or social effects, to the extent that they cause or may be used to determine significant environmental impacts. A statement briefly indicating the reasons that various possible significant effects of a project were determined not to be significant and, therefore, were not discussed in the EIR. The identity of all federal, state or local agencies or other organizations and private individuals consulted in preparing the EIR, and the identity of the persons, firm or agency preparing the EIR, by contract or other authorization. To the fullest extent possible, the City should integrate CEQA review with these related environmental review and consultation requirements. 2010 City of Arcadia Local Guidelines (1) The adoption, amendment, or enactment of a plan, policy, or ordinance of a public agency; (2) The adoption by a Local Agency Formation Commission of a resolution making determinations; or A project which will be subject to the requirement for preparing an Environmental Impact Statement pursuant to the National Environmental Policy Act. 7 -8 OBest Best Krieger LLP Local Guidelines for Implementing the California Environmental Oualitv Act (20101 2010 City of Arcadia Local Guidelines 7 -9 ENVIRONMENTAL IMPACT REPORT (p) A discussion of those potential effects of the proposed project on the environment which the City has determined are or may be significant. The discussion on other effects may be limited to a brief explanation as to why those effects are not potentially significant. (q) A description of feasible measures, as set forth in Local Guidelines Section 7.17, which could minimize significant adverse impacts. 7.15 CONSIDERATION AND DISCUSSION OF SIGNIFICANT ENVIRONMENTAL IMPACTS. An EIR must identify and focus on the significant environmental effects of the proposed project. In assessing the proposed project's potential impacts on the environment, the City should normally limit its examination to comparing changes that would result from the project as compared to the existing physical conditions in the affected area as they exist when the Notice of Preparation is published. If a Notice of Preparation is not published for the project, the City should compare the proposed project's potential impacts to the physical conditions that exist at the time environmental review begins. Direct and indirect significant effects of the project on the environment must be clearly identified and described, considering both the short-term and long -term effects. The discussion should include relevant specifics of the area, the resources involved, physical changes, alterations to ecological systems, and changes induced in population distribution, population concentration, the human use of the land (including commercial and residential development), health and safety problems caused by the physical changes, and other aspects of the project that may impact resources in the project area, such as water, historical resources, scenic quality, and public services. The EIR must also analyze any significant environmental effects the project might cause by bringing development and people into the area. If applicable, an EIR should also evaluate the impacts of locating development in other areas susceptible to hazardous conditions (e.g., floodplains, coastlines, wildfire risk areas) as identified on authoritative hazard maps, risk assessments or in land use plans addressing such hazards areas. The EIR must describe all significant impacts, including those which can be mitigated but not reduced to a level of insignificance. Where there are impacts that cannot be alleviated without imposing an alternative design, their implications and the reasons why the project is being proposed, notwithstanding their effect, should be described. The EIR must also discuss any significant irreversible environmental changes which would be caused by the project. For example, use of nonrenewable resources during the initial and continued phases of a project may be irreversible if a large commitment of such resources makes removal or nonuse thereafter unlikely. The discussion of irreversible commitment of resources may include a discussion of how the project preempts future energy development or future energy conservation. Irretrievable commitments of resources to the proposed project should be evaluated to assure that such current consumption is justified. 7.16 ANALYSIS OF CUMULATIVE IMPACTS. An EIR must discuss cumulative impacts when the project's incremental effect is "cumulatively considerable" as defined in Local Guidelines Section 10.12. When the City is examining a project with an incremental effect that is not "cumulatively considerable," it need ©Best Best Krieger LLP Local Guidelines for Implementing the California Environmental Ouality Act (2010) ENVIRONMENTAL IMPACT REPORT not consider that effect significant, but must briefly describe the basis for this conclusion. A project's contribution may be less than cumulatively considerable if the project is required to implement or fund its fair share of a mitigation measure designed to alleviate the cumulative impact. When relying on a fee program or mitigation measure(s), the City must identify facts and analysis supporting its conclusion that the cumulative impact is less than significant. The City may determine that a project's incremental contribution to a cumulative effect is not cumulatively considerable if the project will comply with the requirements in a previously approved plan or mitigation program that provides specific requirements that will avoid or substantially lessen the cumulative problem in the geographic area in which the project is located. Such plans and programs may include, but are not limited to: (1) Water quality control plans; (2) Air quality attainment or maintenance plans; (3) Integrated waste management plans; (4) Habitat conservation plans; (5) Natural community conservation plans; and /or (6) Plans or regulations for the reduction of greenhouse gas emissions. When relying on such a regulation, plan, or program, the City should explain how implementing the particular requirements of the plan, regulation or program will ensure that the project's incremental contribution to the cumulative effect is not cumulatively considerable. A cumulative impact consists of an impact which is created as a result of the combination of the project evaluated in the EIR together with other projects causing related impacts. An EIR should not discuss impacts which do not result in part from the project evaluated in the EIR. The discussion of cumulative impacts in an EIR must focus on the cumulative impact to which the identified other projects contribute, rather than the attributes of other projects which do not contribute to the cumulative impact. The discussion of significant cumulative impacts must meet either of the following elements: (1) A list of past, present, and probable future projects causing related or cumulative impacts including, if necessary, those projects outside the control of the City; or (2) A summary of projections contained in an adopted local, regional or statewide plan, or related planning document, that describes or evaluates conditions contributing to the cumulative effect. Such plans may include: a general plan, regional transportation plan, or a plan for the reduction of greenhouse gas emissions. A summary of projections may also be contained in an adopted or certified prior environmental document for such a plan. Such projections may be supplemented with additional 2010 City of Arcadia Local Guidelines 7 -10 ®Best Best Krieger LLP 2010 City of Arcadia Local Guidelines 7 -11 ENVIRONMENTAL IMPACT REPORT Local Guidelines for Implementing the California Environmental Quality Act (2010) information such as a regional modeling program. Documents used in creating a summary of projections must be referenced and made available to the public. When utilizing a list, as suggested above, factors to consider when determining whether to include a related project should include the nature of each environmental resource being examined and the location and type of project. Location may be important, for example, when water quality impacts are involved since projects outside the watershed would probably not contribute to a cumulative effect. Project type may be important, for example, when the impact is specialized, such as a particular air pollutant or mode of traffic. The City should define the geographic scope of the area affected by the cumulative effect and provide a reasonable explanation for the geographic limitation used. 7.17 ANALYSIS OF MITIGATION MEASURES. The discussion of mitigation measures in an EIR must distinguish between measures proposed by project proponents and other measures proposed by Lead, Responsible or Trust Agencies. This discussion shall identify mitigation measures for each significant environmental effect identified in the EIR. Where several measures are available to mitigate an impact, each should be disclosed and the basis for selecting a particular measure should be identified. Formulation of mitigation measures should not be deferred until some future time. However, measures may specify performance standards which would mitigate the significant effects of the project and which may be accomplished in more than one specified way. If a mitigation measure would cause one or more significant effects in addition to those that would be caused by the project as proposed, the effects of the mitigation measure shall be disclosed but in less detail than the significant effects of the project itself. If a project includes a housing development, the City may not reduce the project's proposed number of housing units as a mitigation measure or project alternative if the City determines that there is another feasible specific mitigation measure or project alternative that would provide a comparable level of mitigation without reducing the number of housing units. Mitigation measures must be fully enforceable through permit conditions, agreements, or other legally binding instruments. In the case of the adoption of a plan, policy, regulating, or other public project, mitigation measures can be incorporated into the plan, policy, regulation, or project design. Mitigation measures must also be consistent with all applicable constitutional requirements such as the "nexus" and "rough proportionality" standards. Where maintenance, repair, stabilization, rehabilitation, restoration, preservation, conservation or reconstruction of the historical resource will be conducted in a manner consistent with the Secretary of the Interior's "Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings" (1995), Weeks and Grimmer, the project's impact on the historical resource shall generally be considered mitigated below a level of significance and thus not significant. ©Best Best Krieger LLP Local Guidelines for Implementing the California Environmental Oualitv Act (2010) ENVIRONMENTAL IMPACT REPORT The City should, whenever feasible, seek to avoid damaging effects on any historical resource of an archaeological nature. The following factors must be considered and discussed in an EIR for a project involving an archaeological site: Preservation in place is the preferred manner of mitigating impacts to archaeological sites. Preservation in place may be accomplished by, but is not limited to, the following: (1) Planning construction to avoid archaeological sites; (2) Incorporation of sites within parks, green space, or other open spaces; (3) Covering the archaeological sites with a layer of chemically stable soil before building tennis courts, parking lots, or similar facilities on the site; (4) Deeding the site into a permanent conservation easement. When data recovery through excavation is the only feasible mitigation, a data recovery plan, which makes provision for adequately recovering the scientifically consequential information from and about the historical resource, shall be prepared and adopted prior to excavation. Such studies must be deposited with the California Historical Resources Regional Information Center. (a) (b) Data recovery shall not be required for a historical resource if the City determines that existing testing or studies have adequately recovered the scientifically consequential information from and about the archaeological or historical resource, provided that the determination is documented in the EIR and that the studies are deposited with the California Historical Resources Regional Information Center. 7.18 ANALYSIS OF ALTERNATIVES IN AN EIR. The alternatives analysis must describe and evaluate the comparative merits of a range of reasonable alternatives to the project or to the location of the project which would feasibly attain most of the basic objectives of the project, but which would avoid or substantially lessen any of the significant effects of the project. An EIR need not consider every conceivable alternative to a project, and it need not consider alternatives which are infeasible. Rather, it must consider a reasonable range of potentially feasible alternatives that will foster informed decisionrnaking and public participation. Purpose of the Alternatives Analysis: An EIR must identify ways to mitigate or avoid the significant effects that a project may have on the environment. For this reason, a discussion of alternatives must focus on alternatives to the project or its location which are capable of avoiding or substantially lessening any significant effect of the project, even if these alternatives would impede to some degree the attainment of the project objectives or would be more costly. Selection of a Range of Reasonable Alternatives: The range of potential alternatives to the proposed project shall include those that could feasibly accomplish most of the basic purposes of the project and could avoid or substantially lessen one or more of the significant 2010 City of Arcadia Local Guidelines 7 -12 ©Best Best Krieger LLP Local Guidelines for Implementing the California Environmental Duality Act (2010) ENVIRONMENTAL IMPACT REPORT effects, even if those alternatives would be more costly or would impede to some degree the attainment of the project's objectives. The EIR should briefly describe the rationale for selecting the alternatives to be discussed. The EIR should also identify any alternatives that were considered by the City and rejected as infeasible during the scoping process, and it should briefly explain the reasons for rejecting those alternatives. Additional information explaining the choice of alternatives should be included in the administrative record. Among the factors that may be used to eliminate alternatives from detailed consideration in an EIR are: (a) failure to meet most of the basic project objectives; (b) infeasibility; or (c) inability to avoid significant environmental impacts. Evaluation of Alternatives: The EIR shall include sufficient information about each alternative to allow meaningful evaluation, analysis and comparison with the proposed project. A matrix displaying the major characteristics and significant environmental effects of each alternative may be used to summarize the comparison. The matrix may also identify and compare the extent to which each alternative meets project objectives. If an alternative would cause one or more significant effects in addition to those that would be caused by the project as proposed, the significant effects of the alternative shall be discussed but in less detail than the significant effects of the project as proposed. The Rule of Reason: The range of alternatives required in an EIR is governed by a "rule of reason" which courts have held means that an alternatives discussion must be reasonable in scope and content. Therefore, the EIR must set forth only those alternatives necessary to permit public participation, informed decisionmaking, and a reasoned choice. The alternatives shall be limited to ones that would avoid or substantially lessen any of the significant effects of the project. Of those alternatives, the EIR need examine in detail only the ones the City determines could feasibly attain most of the basic objectives of the project. An EIR need not consider an alternative whose effect cannot be reasonably ascertained and whose implementation is remote and speculative. Feasibility of Alternatives: The factors that may be taken into account when addressing the feasibility of alternatives include: site suitability; economic viability; availability of infrastructure; general plan consistency; other plans or regulatory limitations; jurisdictional boundaries (projects with a regionally significant impact should consider the regional context); and whether the proponent already owns the alternative site or can reasonably acquire, control or otherwise have access to the site. No one factor establishes a fixed limit on the scope of reasonable alternatives. Alternative Locations: The first step in the alternative location analysis is to determine whether any of the significant effects of the project could be avoided or substantially lessened by putting the project in another location. This is the key question in this analysis. Only locations that would avoid or substantially lessen any of the significant effects of the project need be considered for inclusion in the EIR. The second step in this analysis is to determine whether any of the alternative locations are feasible. If the City concludes that no feasible alternative locations exist, it must disclose its reasons, and it should include them in the EIR. When a previous document has sufficiently analyzed a range of reasonable alternative locations and environmental impacts for a project with 2010 City of Arcadia Local Guidelines 7 -13 ©Best Best Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act (2010) ENVIRONMENTAL IMPACT REPORT the same basic purpose, the City should review the previous document and incorporate the previous document by reference. To the extent the circumstances have remained substantially the same with respect to an alternative, the EIR may rely on the previous document to help it assess the feasibility of the potential project alternative. The "No Project" Alternative: The specific alternative of "no project" must be evaluated along with its impacts. The purpose of describing and analyzing the no project alternative is to allow decision makers to compare the impacts of approving the proposed project with the impacts of not approving the proposed project. The no project alternative may be different from the baseline environmental conditions. The no project alternative will be the same as the baseline only if it is identical to the existing environmental setting and the City has chosen the existing environmental setting as the baseline. A discussion of the "no project" alternative should proceed along one of two lines: (a) When the project is the revision of an existing land use or regulatory plan, policy or ongoing operation, the "no project" alternative will be the continuation of the existing plan, policy or operation into the future. Typically, this is a situation where other projects initiated under the existing plan will continue while the new plan is developed. Thus, the projected impacts of the proposed plan or alternative plans would be compared to the impacts that would occur under the existing plan; or (b) If the project is other than a land use or regulatory plan, for example a development project on identifiable property, the "no project" alternative is the circumstance under which the project does not proceed. This discussion would compare the environmental effects of the property remaining in its existing state against environmental effects which would occur if the project is approved. If disapproval of the project would result in predictable actions by others, such as the proposal of some other project, this "no project" consequence should be discussed. After defining the "no project" alternative, the City should proceed to analyze the impacts of the "no project" alternative by projecting what would reasonably be expected to occur in the foreseeable future if the project were not approved, based on current plans and consistent with available infrastructure and community services. If the "no project" alternative is the environmentally superior alternative, the EIR must also identify another environmentally superior alternative among the remaining alternatives. Remote or Speculative Alternatives: An EIR need not consider an alternative whose effect cannot be reasonably ascertained and whose implementation is remote and speculative. 7.19 ANALYSIS OF FUTURE EXPANSION. An EIR must include an analysis of the environmental effects of future expansion (or other similar future modifications) if there is credible and substantial evidence that: (a) (b) The future expansion or action is a reasonably foreseeable consequence of the initial project; and The future expansion or action is likely to change the scope or nature of the initial project or its environmental effects. 2010 City of Arcadia Local Guidelines 7 -14 ©Best Best Krieger LLP Local Guidelines for Implementing the California Environmental Ouality Act (20101 Absent these two circumstances, future expansion of a project need not be discussed. CEQA does not require speculative discussion of future development which is unspecific or uncertain. However, if future action is not considered now, it must be considered and environmentally evaluated before it is actually implemented. 7.20 NOTICE OF COMPLETION OF DRAFT EIR; NOTICE OF AVAILABILITY OF DRAFT EIR. Notice of Completion. When the Draft EIR is completed, a Notice of Completion (Form "H must be filed with the Office of Planning and Research in a printed hard copy or in electronic form on a diskette or by electronic mail transmission. The Notice shall contain: (a) A brief description of the proposed project, (b) The location of the proposed project including the proposed project's latitude and longitude; (c) An address where copies of the Draft EIR are available; and (d) The review period during which comments will be received on the Draft EIR. The Office of Planning and Research has developed a model form Notice of Completion. Form H follows OPR's model. To ensure that the documents are accepted by OPR staff, this form should be used when documents are transmitted to OPR. Notice of Availability. At the same time it sends a Notice of Completion to the Office of Planning and Research, the City shall provide public notice of the availability of the Draft EIR by distributing a Notice of Availability of Draft EIR (Form "K The Notice of Availability shall include at least the following information: (a) A brief description of the proposed project and its location; (b) The starting and ending dates for the review period, and whether the review period has been shortened; (c) The date, time, and place of any scheduled public meetings or hearings to be held by the City on the proposed project, if the City knows this information when it prepares the Notice; (d) A list of the significant environmental effects anticipated as a result of the project; (e) The address where copies of the EIR and all documents referenced in the EIR will be available for public review. This location shall be readily accessible to the public during the City's normal working hours; and (f) A statement indicating whether the project site is included on any list of hazardous waste facilities, land designated as hazardous waste property, or hazardous waste disposal site, and, if so, the information required in the Hazardous Waste and Substances Statement pursuant to Government Code Section 65962.5. (a) (b) The Notice of Availability shall be provided to: ENVIRONMENTAL IMPACT REPORT Each Responsible and Trustee Agency; Any other federal, state, or local agency which has jurisdiction by law or exercises authority over resources affected by the project, including: (1) Any water supply agency consulted under Local Guidelines Section 5.15; 2010 City of Arcadia Local Guidelines 7 -15 ©Best Best Krieger LLP Local Guidelines for Implementing the California Environmental Ouality Act (2010) ENVIRONMENTAL IMPACT REPORT (2) Any city or county bordering on the project area; (3) For a project of statewide, regional, or areawide significance, to any transportation agencies or public agencies which have major local arterials or public transit facilities within five (5) miles of the project site or freeways, highways, or rail transit service within ten (10) miles of the project site which could be affected by the project; (4) For a subdivision project located within one mile of a facility of the State Water Resources Development System, to the California Department of Water Resources; and For a general plan amendment, a project of statewide, regional, or areawide significance, or a project that relates to a public use airport, to any "military service" (defined in Section 10.39 of these Local Guidelines) that has provided the City with its contact office and address and notified the City of the specific boundaries of a "low -level flight path" (defined in Section 10.35 of these Local Guidelines), "military impact zone" (defined in Section 10.38 of these Local Guidelines), or "special use airspace" (defined in Section 10.60 of these Local Guidelines. (c) The last known name and address of all organizations and individuals who have previously filed a written request with the City to receive these Notices; (d) For certain projects that may impact a low -level flight path, military impact zone, or special use airspace and that meet the other criteria of Local Guidelines Section 7.04 to the specified military services contact; (e) For certain projects that involve the construction or alteration of a facility anticipated to emit hazardous air emissions or handle hazardous substances within one quarter mile of a school and that meet the other requirements of Local Guidelines Section 7.31, to any potentially affected school district; (f) For certain waste burning projects that meet the requirements of Local Guidelines Section 5.10 (See also Local Guidelines Section 7.22), to the owners and occupants of property within one fourth mile of any parcel on which the project will be located; and (g) For a project that establishes or amends a redevelopment plan that contains land in agricultural use, notice and a copy of the Draft EIR shall be provided to the agricultural and farm agencies and organizations specified in Health and Safety Code Section 33333.3. (5) The City may require requests for copies of these Notices to be renewed annually and may charge a fee for the reasonable cost of providing this service. A project will not be invalidated due to a failure to send a requested Notice provided there has been substantial compliance with these notice provisions. Staff may also consult with and obtain comments from any person known to have special expertise or any other person or organization whose comments relative to the Draft EIR would be desirable. 2010 City of Arcadia Local Guidelines 7 -16 ©Best Best Krieger LLP ENVIRONMENTAL IMPACT REPORT Local Guidelines for Implementing the Califomia Environmental Quality Act (2010) In addition, notice shall be given to the public by at least one of the following procedures: (a) Publication of the Notice of Completion and /or the Notice of Availability at least once in a newspaper of general circulation in the area affected by the proposed project. If more than one area will be affected, the notice shall be published in the newspaper of largest circulation from among the newspapers of general circulation in those areas; (b) Posting of the Notice of Completion and/or the Notice of Availability on and off site in the area where the project is to be located; or (c) Direct mailing of the Notice of Completion and/or the Notice of Availability to owners and occupants of property contiguous to the project, as identified on the latest equalized assessment roll. The Notice of Completion and Notice of Availability shall be posted in the office of the Clerk in each county in which the project is located for at least thirty (30) days. If the public review period for the Draft EIR is longer than thirty (30) days, the City may wish to leave the Notice posted until the public review period for the Draft EIR has expired. Copies of the Draft EIR shall also be made available at the City office for review by members of the general public. The City may require any person obtaining a copy of the Draft EIR to reimburse the City for the actual cost of its reproduction. Copies of the Draft EIR should also be furnished to appropriate public library systems. The City is encouraged to make copies of filed notices available in electronic format on the Internet. Such electronic postings are in addition to the procedures required by the CEQA Guidelines and the Public Resources Code. 7.21 SUBMISSION OF DRAFT EIR TO STATE CLEARINGHOUSE. A Draft EIR must be submitted to the State Clearinghouse for review by state agencies in the following situations: (a) A state agency is the Lead Agency for the Draft EIR; (b) A state agency is a Responsible Agency, Trustee Agency, or otherwise has jurisdiction by law over resources potentially affected by the project; or (c) The Draft EIR is for a project identified in State Guidelines Section 15206 as being a project of statewide, regional, or areawide significance. State Guidelines Section 15206 identifies the following types of projects as being examples of projects of statewide, regional, or areawide significance which require submission to the State Clearinghouse for circulation: (1) General plans, elements, or amendments for which an EIR was prepared. (2) Projects which have the potential for causing significant environmental effects beyond the city or county where the project would be located, such as: (a) Residential development of more than 500 units. 2010 City of Arcadia Local Guidelines 7 -17 ©Best Best Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act (2010) ENVIRONMENTAL IMPACT REPORT (3) (5) Projects which would affect sensitive wildlife habitats or the habitats of any rare, threatened, or endangered species. (6) Projects which would interfere with water quality standards. (7) Projects which would provide housing, jobs, or occupancy for 500 or more people within 10 miles of a nuclear power plant. A Draft EIR may be submitted to the State Clearinghouse when a state agency has special expertise with regard to the environmental impacts involved. When the Draft EIR will be reviewed through the State review process handled by the State Clearinghouse, a Notice of Completion (Form "H should be used as a cover sheet. If the City uses the State Clearinghouse's online process to submit the Notice of Completion form, the form generated on the Internet site satisfies the State Clearinghouse's requirements. A sufficient number of copies of the documents must be sent to the State Clearinghouse for circulation. Staff should contact the State Clearinghouse to find out the correct number of printed copies required for circulation. In addition to the printed copies, a copy of the documents in electronic format shall be submitted on a diskette or by electronic mail transmission if available. Alternatively, the City may provide copies of draft environmental documents to the State Clearinghouse for state agency review in an electronic format. The document must be on a CD- 2010 City of Arcadia Local Guidelines (b) Commercial projects employing more than 1,000 persons or covering more than 500,000 square feet of floor space. (c) Office building projects employing more than 1,000 persons or covering more than 250,000 square feet of floor space. (d) Hotel or motel development of more than 500 rooms. (e) Industrial projects housing more than 1,000 persons, occupying more than 40 acres of land, or covering more than 650,000 square feet of floor area. Projects for the cancellation of a Williamson Act contract covering more than 100 acres. (4) Projects in one of the following Environmentally Sensitive Areas: (a) Lake Tahoe Basin. (b) Santa Monica Mountains Zone. (c) Sacramento -San Joaquin River Delta. (d) Suisun Marsh. (e) Coastal Zone, as defined by the California Coastal Act. (f) Areas within one quarter mile of a river designated as wild and scenic. (g) Areas within the jurisdiction of the San Francisco Bay Conservation and Development Commission. 7 -18 ©Best Best Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act (20101 ROM in a common file format such as Word or Acrobat. Lead Agencies must provide fifteen (15) copies of the CD -ROM to the State Clearinghouse. In addition, each CD -ROM must be accompanied by 15 printed copies of the DEIR summary (as described in Local Guidelines Section 6.08), executive summary, or introduction section. The summary allows both the State Clearinghouse and the various agency CEQA coordinators to distribute the documents quickly without the use of a computer. Submission of the Draft EIR to the State Clearinghouse affects the timing of the public review period as set forth in Local Guidelines Section 7.23. 7.22 SPECIAL NOTICE REQUIREMENTS FOR WASTE AND FUEL BURNING PROJECTS. For any waste burning project, as defined in Local Guidelines Section 5.10, in addition to the notice requirements specified in Local Guidelines Sections 7.20 and 7.21, Notice of Availability of the Draft EIR shall be given by direct mailing or any other method calculated to provide delivery of the notice to the owners and occupants of property within one fourth mile of any parcel or parcels on which the project is located. 7.23 TIME FOR REVIEW OF DRAFT EIR; FAILURE TO COMMENT A period of between thirty (30) and sixty (60) days from the filing of the Notice of Completion of the Draft EIR shall be allowed for review of and comment on the Draft EIR, except in unusual situations. When a draft EIR is submitted to the State Clearinghouse for review by state agencies, the public review period shall be at least forty -five (45) days, unless a shorter period is approved by the State Clearinghouse as discussed below. If a state agency is a Responsible Agency, or if the Draft EIR is submitted to the State Clearinghouse, the public review period shall be at least as long as the review period established by the State Clearinghouse. The public review period and the state agency review period may, but are not required to, begin and end at the same time. The state agency review period begins (day one) on the date that the State Clearinghouse distributes the Draft EIR to state agencies. The State Clearinghouse is required to distribute the Draft EIR to state agencies within three (3) working days from the date the State Clearinghouse receives the document, as long as the Draft EIR is complete when submitted to the State Clearinghouse. If the document submitted to the State Clearinghouse is not complete, the State Clearinghouse must notify the Lead Agency. The review period for the public and all other agencies may run concurrently with the state agency review period established by the State Clearinghouse. A shorter review period of the Draft EIR by the State Clearinghouse can be requested by the City; however, a shortened review period shall not be less than thirty (30) days for a Draft EIR. Any request for a shortened review period must be made in writing by the City to the Office of Planning and Research. The City may designate a person to make these requests. The City must contact all responsible and trustee agencies and obtain their agreement prior to obtaining a shortened review period. A shortened review period is not available for any proposed project of statewide, regional or areawide environmental significance as determined pursuant to State Guidelines Section 2010 City of Arcadia Local Guidelines 7 -19 ENVIRONMENTAL IMPACT REPORT ©Best Best Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act (2010) ENVIRONMENTAL IMPACT REPORT 15206. Any approval of a shortened review period shall be given prior to, and reflected in, the public notices. In the event a public agency, group, or person whose comments on a Draft EIR are solicited fails to comment within the required time period, it shall be presumed that such agency, group, or person has no comment to make, unless the Lead Agency has received a written request for a specific extension of time for review and comment and a statement of reasons for the request. Continued planning activities concerning the proposed project, short of formal approval, may continue during the period set aside for review and comment on the Draft EIR. 7.24 PUBLIC HEARING ON DRAFT EIR. CEQA does not require formal public hearings for certification of an EIR; public comments may be restricted to written communications. (However, a hearing is required to utilize the limited exemption for Transit Priority Projects as explained in Local Guidelines Section 3.15.) However, if the City provides a public hearing on its consideration of a project, the City should include the project's environmental review documents as one of the subjects of the hearing. Notice of the time and place of the hearing shall be given in a timely manner in accordance with any legal requirements applicable to the proposed project. Generally, the requirements of the Ralph M. Brown Act will provide the minimum requirements for the inclusion of CEQA matters on agendas and at hearings. (Gov. Code, 54950 et seq.) At a minimum, agendas for meetings and hearings before commissions, boards, councils, and other agencies must be posted in a location that is freely accessible to members of the public at least seventy -two (72) hours prior to a regular meeting. The agenda must contain a brief general description of each item to be discussed and the time and location of the meeting. (Gov. Code, 54954.2.) 7.25 RESPONSE TO COMMENTS ON DRAFT EIR. The City as Lead Agency shall evaluate any comments on environmental issues received during the public review period for the Draft EIR and shall prepare a written response to those comments that raise significant environmental issues. As stated below, the City should also consider evaluating and responding to any comments received after the public review period. The written responses shall describe the disposition of any significant environmental issues that are raised in the comments. The responses may take the form of a revision of the Draft EIR, an attachment to the Draft EIR, or some other oral or written response which is adequate under the circumstances. If the City's position is at variance with specific recommendations or suggestions raised in the comment, the City's response must detail the reasons why such recommendations or suggestions were not accepted. Moreover, the City shall respond to any specific suggestions for project alternatives or mitigation measures for significant impacts, unless such alternatives or mitigation measures are facially infeasible. The response shall contain recommendations, when appropriate, to alter the project as described in the Draft EIR as a result of an analysis of the comments received. 2010 City of Arcadia Local Guidelines 7 -20 ®Best Best Krieger LLP Local Guidelines for Implementing the ENVIRONMENTAL IMPACT REPORT California Environmental Duality Act (20101 At least ten (10) days prior to certifying a Final EIR, the City shall provide its proposed written response to any public agency which has made comments on the Draft EIR during the public review period. The City is not required to respond to comments received after the public review period. However, the City should consider responding to all comments if it will not delay action on the Final EIR, since any comment received before final action on the EIR can form the basis of a legal challenge. A written response that addresses the comment or adequately explains the City's action in light of the comment may assist the City in defending against a legal challenge. 7.26 PREPARATION AND CONTENTS OF FINAL EIR. Following the receipt of any comments on the Draft EIR as required herein, such comments shall be evaluated by Staff and a Final EIR shall be prepared. The Final EIR shall meet all requirements of Local Guidelines Section 7.14 and shall consist of the Draft EIR or a revision of the Draft, a section containing either verbatim or in summary the comments and recommendations received through the review and consultation process, a list of persons, organizations and public agencies commenting on the Draft, and a section containing the responses of the City to the significant environmental points raised in the review and consultation process. 7.27 RECIRCULATION WHEN NEW INFORMATION IS ADDED TO EIR. When significant new information is added to the EIR after notice and consultation but before certification, the Lead Agency must recirculate the Draft EIR for another public review period. The term "information" can include changes in the project or environmental setting as well as additional data or other information. New information is significant only when the EIR is changed in a way that would deprive the public of a meaningful opportunity to comment upon a substantial adverse environmental effect of a project or a feasible way to mitigate or avoid such an effect, including a feasible project alternative, that the project proponents decline to implement. Recirculation is required, for example, when: (1) New information added to an EIR discloses: (a) A new significant environmental impact resulting from the project or from a new mitigation measure proposed to be implemented; (b) A significant increase in the severity of an environmental impact (unless mitigation measures are also adopted that reduce the impact to a level of insignificance); or (c) A feasible project alternative or mitigation measure that clearly would lessen the significant environmental impacts of the project, but which the project proponents decline to adopt; or (2) The Draft EIR is so fundamentally and basically inadequate and conclusory in nature that meaningful public review and comment were precluded. 2010 City of Arcadia Local Guidelines 7 -21 ©Best Best Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act (20101 ENVIRONMENTAL IMPACT REPORT Recirculation is not required when the new information added to the EIR merely clarifies or amplifies or makes insignificant modifications in an adequate EIR. If the revision is limited to a few chapters or portions of the EIR, the City as Lead Agency need only recirculate the chapters or portions that have been modified. A decision to not recirculate an EIR must be supported by substantial evidence in the record. When the City determines to recirculate a Draft EIR, it shall give Notice of Recirculation (Form "M to every agency, person, or organization that commented on the prior Draft EIR. The Notice of Recirculation must indicate whether new comments must be submitted and whether the City has exercised its discretion to require reviewers to limit their comments to the revised chapters or portions of the recirculated EIR. The City shall also consult again with those persons contacted pursuant to Local Guidelites Section 7.20 before Fertifying the EIR. When the EIR is substantially revised and the entire EIR is recirculated, the City may require that reviewers submit new comments and need not respond to those comments received during the earlier circulation period. In those cases, the City should advise reviewers that, although their previous comments remain part of the administrative record, the final EIR will not provide a written response to those comments, and new comments on the revised EIR must be submitted. The City need only respond to those comments submitted in response to the revised EIR. When the EIR is revised only in part and the City is recirculating only the revised chapters or portions of the EIR, the City may request that reviewers limit their comments to the revised chapters or portions. The City need only respond to: (1) comments received during the initial circulation period that relate to chapters or portions of the document that were not revised and recirculated, and (2) comments received during the recirculation period that relate to the chapters or portions of the earlier EIR that were revised and recirculated. When recirculating a revised EIR, either in whole or in part, the City must, in the revised EIR or by an attachment to the revised EIR, summarize the revisions made to the previously circulated draft EIR. 7.28 CERTIFICATION OF FINAL EIR. Following the preparation of the Final EIR, Staff shall review the Final EIR and make a recommendation to the decisionmaking body regarding whether the Final EIR has been completed in compliance with CEQA, the State Guidelines and the City's Guidelines. The Final EIR and Staff recommendation shall then be presented to the decisionmaking body. The decisionmaking body shall independently review and consider the information contained in the Final EIR and determine whether the Final EIR reflects its independent judgment. Before it approves the project, the decisionmaking body must certify and find that: (1) the Final EIR has been completed in compliance with CEQA, the State Guidelines and the City's Guidelines; (2) the Final EIR was presented to the decisionmaking body and the decisionmaking body reviewed and considered the information contained in the Final EIR before approving the project; and (3) the Final EIR reflects the City's independent judgment and analysis. Except in those cases in which the City Council is the final decisionmaking body for the project, any interested person may appeal the certification or denial of certification of a Final EIR to the City Council. Appeals must follow the procedures prescribed by the City. 2010 City of Arcadia Local Guidelines 7 -22 ©Best Best Krieger LLP Local Guidelines for Implementing the California Environmental Oualitv Act (20101 2010 City of Arcadia Local Guidelines 7 -23 ENVIRONMENTAL IMPACT REPORT 7.29 CONSIDERATION OF EIR BEFORE APPROVAL OR DISAPPROVAL OF PROJECT. Once the decisionmaking body has certified the EIR, it may then proceed to consider the proposed project for purposes of approval or disapproval. 7.30 FINDINGS. The decisionmaking body shall not approve or carry out a project if a completed EIR identifies one or more significant environmental effects of the project unless it makes one or more of the following written findings for each such significant effect, accompanied by a brief explanation of the rationale supporting each finding. For impacts that have been identified as potentially significant, the possible findings are: (a) Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment as identified in the Final EIR, such that the impact has been reduced to a less than- significant level. (b) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the City. Such changes have been, or can and should be, adopted by that other agency. (c) Specific economic, legal, social, technological or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in the Final EIR. The decisionmaking body must make specific written findings stating why it has rejected an alternative to the project as infeasible. The findings required by this Section shall be supported by substantial evidence in the record. Measures identified and relied on to mitigate environmental impacts identified in the EIR to below a level of significance should be expressly adopted or rejected in the findings. The findings should include a description of the specific reasons for rejecting any mitigation measures or project alternatives identified in the EIR that would reduce the significant impacts of the project. Any mitigation measures that are adopted must be fully enforceable through permit conditions, agreements, or other measures. If any of the proposed alternatives could avoid or lessen an adverse impact for which no mitigation measures are proposed, the City shall analyze the feasibility of such alternative(s). If the project is to be approved without including such alternative(s), the City shall find that specific economic, legal, social, technological or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the alternatives identified in the Final EIR and shall list such considerations before such approval. The decisionmaking body shall not approve or carry out a project as proposed unless: (1) the project as approved will not have a significant effect on the environment; or (2) its significant environmental effects have been eliminated or substantially lessened (as determined through one or more of the findings indicated above), and any remaining unavoidable significant effects have been found acceptable because of facts and circumstances described in a Statement of Overriding Considerations (see Local Guidelines Section 7.32). Statements in the Draft EIR or comments on the Draft EIR are not determinative of whether the project will have significant effects. ©Best Best Krieger LLP Local Guidelines for Implementing the Califomia Environmental Ouality Act (2010) ENVIRONMENTAL IMPACT REPORT When making the findings required by this Section, the City as Lead Agency shall specify the location and custodian of the documents or other material which constitute the record of proceedings upon which it based its decision. 7.31 SPECIAL FINDINGS REQUIRED FOR FACILITIES WHICH MAY EMIT HAZARDOUS Am EMISSIONS NEAR SCHOOLS. Special procedural rules apply to projects involving the construction or alteration of a facility within one quarter mile of a school when: (1) the facility might reasonably be anticipated to emit hazardous air emissions or to handle an extremely hazardous substance or a mixture containing extremely hazardous substances in a quantity equal to or greater than the threshold specified in Health and Safety Code Section 25532(j); and (2) the emissions or substances may pose a health or safety hazard to persons who would attend or would be employed at the school. If the project meets both of those criteria, the City may not certify an EIR or approve a Negative Declaration unless it makes a finding that: (a) The City, as Lead Agency, consulted with the affected school district or districts having jurisdiction over the school regarding the potential impact of the project on the school; and (b) The school district was given written notification of the project not less than thirty (30) days prior to the proposed certification of the EIR or approval of the Negative Declaration. Implementation of this Local Guideline shall be consistent with the definitions and terms utilized in State Guidelines section 15186. Additionally, in its role as a Responsible Agency, the City should be aware that for projects involving the acquisition of a school site or the construction of a secondary or elementary school by a school district, the negative declaration or EIR prepared for the project may not be adopted or certified unless there is sufficient information in the entire record to determine whether any boundary of the school site is within 500 feet of the edge of the closest traffic lane of a freeway or other busy traffic corridor. If it is determined that the project involves the acquisition of a school site that is within 500 feet of the edge of the closest traffic lane of a freeway, or other busy traffic corridor, the Negative Declaration or EIR may not be adopted or certified unless the school board determines, through a health risk assessment pursuant to Section 44360(b)(2) of the Health and Safety Code and after considering any potential mitigation measures, that the air quality at the proposed project site does not present a significant health risk to pupils. 7.32 STATEMENT OF OVERRIDING CONSIDERATIONS. Before a project that has unmitigated significant adverse environmental effects can be approved, the decisionmaking body must adopt a Statement of Overriding Considerations. If the decisionmaking body finds in the Statement of Overriding Considerations that specific benefits of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered "acceptable." 2010 City of Arcadia Local Guidelines 7 -24 ©Best Best Krieger LLP Local Guidelines for Implementing the California Environmental Oualitv Act (2010) ENVIRONMENTAL IMPACT REPORT Accordingly, the Statement of Overriding Considerations allows the decisionmaking body to approve a project despite one or more unmitigated significant environmental impacts identified in the Final EIR. A Statement of Overriding Considerations can be made only if feasible project alternatives or mitigation measures do not exist to reduce the environmental impact(s) to a level of insignificance and the benefits of the project outweigh the adverse environmental effect(s). The feasibility of project alternatives or mitigation measures is determined by whether the project alternative or mitigation measure can be accomplished within a reasonable period of time, taking into account economic, environmental, social, legal and technological factors. Project benefits which are appropriate to consider in the Statement of Overriding Considerations include the economic, legal, environmental, technological and social value of the project. The City may also consider region -wide or statewide environmental benefits. Substantial evidence in the entire record must justify the decisionmaking body's findings and its use of the Statement of Overriding Considerations. If the decisionmaking body makes a Statement of Overriding Considerations, the Statement must be included in the record of the project approval and it should be referenced in the Notice of Determination. 7.33 MITIGATION MONITORING OR REPORTING PROGRAM FOR EIR. When making findings regarding an EIR, the City must do all of the following: (a) Adopt a reporting or monitoring program to assure that mitigation measures which are required to mitigate or avoid significant effects on the environment will be implemented by the project proponent or other responsible party in a timely manner, in accordance with conditions of project approval; (b) Make sure all conditions and mitigation measures are feasible and fully enforceable through permit conditions, agreements, or other measures. Such permit conditions, agreements, and measures must be consistent with applicable constitutional requirements such as the "nexus" and "rough proportionality" standards established by caselaw; and (c) Specify the location and the custodian of the documents which constitute the record of proceedings upon which the City based its decision in the resolution certifying the EIR. There is no requirement that the reporting or monitoring program be circulated for public review; however, the City may choose to circulate it for public comments along with the Draft EIR. Any mitigation measures required to mitigate or avoid significant effects on the environment shall be adopted and made fully enforceable, such as by being imposed as conditions of project approval. The adequacy of a mitigation monitoring program is determined by the "rule of reason." This means that a mitigation monitoring program does not need to provide every imaginable measure. It needs only to provide measures that are reasonably feasible and that are necessary to avoid significant impacts or to reduce the severity of impacts to a less than- significant level. The mitigation monitoring or reporting program shall be designed to assure compliance with the mitigation measures during the implementation and construction of the project. If a Responsible Agency or Trustee Agency has required that certain conditions be incorporated into 2010 City of Arcadia Local Guidelines 7 -25 ©Best Best Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act (2010) ENVIRONMENTAL IMPACT REPORT the project, the City may request that agency to prepare and submit a proposed reporting or monitoring program. The City shall also require that, prior to the close of the public review period for a Draft EIR, the Responsible or Trustee Agency submit detailed performance objectives for mitigation measures, or refer the City to appropriate, readily available guidelines or reference documents. Any mitigation measures submitted to the City by a Responsible or Trustee Agency shall be limited to measures that mitigate impacts to resources that are within the Responsible or Trustee Agency's authority. When a project is of statewide, regional, or areawide significance, any transportation information resulting from the reporting or monitoring program required to be adopted by the City shall be submitted to the regional transportation planning agency where the project is located and to the Department of Transportation. The transportation planning agency and the Department of Transportation are required by law to adopt guidelines for the submittal of these reporting or monitoring programs, so the City may wish to tailor its submittal to such guidelines. Local agencies have the authority to levy fees sufficient to pay for this program. Therefore, the City may impose a program to charge project proponents fees to cover actual costs of program processing and implementation. The City may delegate reporting or monitoring responsibilities to an agency or to a private entity which accepts the delegation; however, until mitigation measures have been completed, the City remains responsible for ensuring that implementation of the mitigation measures occurs in accordance with the program. The City may choose whether its program will monitor mitigation, report on mitigation, or both. "Reporting" is defined as a written compliance review that is presented to the City Council or an authorized staff person. A report may be required at various stages during project implementation or upon completion of the mitigation measure. Reporting is suited to projects which have readily measurable or quantitative mitigation measures or which already involve regular review. "Monitoring" is generally an ongoing or periodic process of project oversight. Monitoring is suited to projects with complex mitigation measures which may exceed the expertise of the City to oversee, are expected to be implemented over a period of time, or require careful implementation to assure compliance. At its discretion, the City may adopt standardized policies and requirements to guide individually adopted programs. Standardized policies or requirements for monitoring and reporting may describe, but are not limited to: (a) The relative responsibilities of various departments within the City for various aspects of the program; (b) The responsibilities of the project proponent; (c) Guidelines adopted by the City to govern preparation of programs; (d) General standards for determining project compliance with the mitigation measures and related conditions of approval; 2010 City of Arcadia Local Guidelines 7 -26 ©Best Best Krieger LLP Local Guidelines for Implementing the California Environmental Oualitv Act (2010) ENVIRONMENTAL IMPACT REPORT (e) (f) Enforcement procedures for noncompliance, including provisions for administrative appeal; Process for informing the City Council and staff of the relative success of mitigation measures and using those results to improve future mitigation measures; When a project is of statewide, regional, or areawide importance, any transportation information generated by a mitigation monitoring or reporting program must be submitted to the transportation planning agency in the region where the project is located, as well as to the Department of Transportation. 7.34 NOTICE OF DETERMINATION. After approval of a project for which the City is the Lead Agency, Staff shall cause a Notice of Determination (Form "F to be prepared, filed, and posted. The Notice of Determination shall include the following information: (a) An identification of the project, including its common name, where possible, and its location; (b) A brief description of the project; (c) The date when the City approved the project; (d) Whether the project in its approved form with mitigation will have a significant effect on the environment; (e) A statement that an EIR was prepared and certified pursuant to the provisions of CEQA; (f) Whether mitigation measures were made a condition of the approval of the project; (g) Whether findings and/or a Statement of Overriding Considerations was adopted for the project; and (h) The address where a copy of the EIR (with comments and responses) and the record of project approval may be examined by the general public. The Notice of Determination shall be filed with the Clerk of each county in which the project will be located within five (5) working days of project approval. (To determine the fees that must be paid with the filing of the Notice of Determination, see Local Guidelines Section 7.37 and the Staff Summary of the CEQA Process.) The County Clerk is required to post the Notice of Determination within twenty -four (24) hours of receipt. The Notice must be posted in the office of the Clerk for a minimum of thirty (30) days. Thereafter, the Clerk shall return the notice to the City with a notation of the period it was posted. The City shall retain the notice for not less than twelve (12) months. Simultaneously with the filing of the Notice of Determination with the Clerk, Staff shall cause a copy of such Notice to be posted at City Hall. If the project requires discretionary approval from a state agency, the Notice of Determination shall also be filed with the Office of Planning and Research within five (5) working days of project approval, along with proof that the City has paid the County Clerk the California Department of Fish and Game fee or a completed form from DFG documenting DFG's determination that the project will have no effect on fish and wildlife. 2010 City of Arcadia Local Guidelines 7 -27 ©Best Best Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act (2010) ENVIRONMENTAL IMPACT REPORT When a request is made for a copy of the Notice prior to the date on which the City approves the project, the copy must be mailed, first class postage prepaid, within five (5) days of the City's approval. If such a request is made following the City's approval of the project, then the copy should be mailed in the same manner as soon as possible. The recipients of such documents may be charged a fee reasonably related to the cost of providing the service. The City is also encouraged to make copies of filed notices available in electronic format on the Internet. Such electronic notices are in addition to the posting requirements of the CEQA Guidelines and the Public Resources Code. For projects with more than one phase, Staff shall file a Notice of Determination for each phase requiring a discrgtionary approval. The filing and posting of a Notice of Determination with the Clerk, and, if necessary, with the Office of Planning and Research, usually starts a thirty (30) day statute of limitations on court challenges to the approval under CEQA. When separate notices are filed for successive phases of the same overall project, the thirty (30) day statute of limitation to challenge the subsequent phase begins to run when the second notice is filed. Failure to file the Notice may result in a one hundred eighty (180) day statute of limitations. 7.35 DISPOSITION OF A FINAL EIR. The City shall file a copy of the Final EIR with the appropriate planning agency of any city or county where significant effects on the environment may occur. The City shall also retain one or more copies of the Final EIR as a public record for a reasonable period of time. Finally, for private projects, the City may require that the project applicant provide a copy of the certified Final EIR to each Responsible Agency. 7.36 PRIVATE PROJECT COSTS. For private projects, the person or entity proposing to carry out the project shall be charged a reasonable fee to recover the estimated costs incurred by the City in preparing, circulating, and filing the Draft and Final EIRs, as well as all publication costs incident thereto. 7.37 FILING FEES FOR PROJECTS WHICH AFFECT WILDLIFE RESOURCES. At the time a Notice of Determination for an EIR is filed with the County or Counties in which the project is located, a fee of $2,792.25 shall be paid to the Clerk for projects which will adversely affect fish or wildlife resources. These fees are collected by the Clerk on behalf of DFG. Only one filing fee is required for each project unless the project is tiered or phased and separate environmental documents are prepared. For projects where Responsible Agencies file separate Notices of Determination, only the Lead Agency is required to pay the fee. Note: County Clerks are authorized to charge a documentary handling fee of up to $50.00 for each project in addition to the Fish and Game fees specified above. Refer to the Index in the Staff Summary to help determine the correct total amount of fees applicable to the project. For private projects, the City should pass these costs on to the project applicant. 2010 City of Arcadia Local Guidelines 7 -28 ©Best Best Krieger LLP Local Guidelines for Implementing the ENVIRONMENTAL IMPACT REPORT California Environmental Oualitv Act (2010) No fees are required for projects with "no effect" on fish or wildlife resources or for certain projects undertaken by the DFG and implemented through a contract with a non -profit entity or local government agency. See Local Guidelines Section 6.21 for more information regarding a "no effect" determination. 2010 City of Arcadia Local Guidelines 7 -29 ©Best Best Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act (2010) 8.01 EIRs GENERALLY. This chapter describes a number of examples of various EIRs tailored to different situations. All of these types of EIRs must meet the applicable requirements of Chapter 7 of these Local Guidelines. 8.02 TIERING. "Tiering" refers to using the analysis of general matters contained in a previously certified broader EIR in later EIRs or Negative Declarations prepared for narrower projects. The later EIR oar Negative Declaration may incorporate by reference the general discussions from the broader EIR and may concentrate solely on the issues specific to the later project. An Initial Study shall be prepared for the later project and used to determine whether a previously certified EIR may be used and whether new significant effects should be examined. Tiering does not excuse the City from adequately analyzing reasonably foreseeable significant environmental effects of a project, nor does it justify deferring analysis to a later tier EIR or Negative Declaration. However, the level of detail contained in a first -tier EIR need not be greater than that of the program, plan, policy, or ordinance being analyzed. When the City is using the tiering process in connection with an EIR for a large -scale planning approval, such as a general plan or component thereof (e.g., an area plan, specific plan or community plan), the development of detailed, site specific information may not be feasible. Such site- specific information can be deferred, in many instances, until such time as the City prepares a future environmental document in connection with a project of a more limited geographical scale, as long as deferral does not prevent adequate identification of significant effects of the planning approval at hand. When assessing whether there is a new significant cumulative effect for purposes of a subsequent tier environmental document, the City shall consider whether the incremental effects of the project would be considerable when viewed in the context of past, present, and probable future projects. The City may use only a valid CEQA document as a first -tier document. Accordingly, the City should carefully review the first -tier environmental document to determine whether or not the statute of limitations for challenging the document has run. If the statute of limitations has not expired, the City should use the first -tier document with caution and pay careful attention to the legal status of the document. If the first -tier document is subsequently invalidated, any later environmental document may also be defective. 8.03 PROJECT EIR. 2010 City of Arcadia Local Guidelines 8. TYPES OF EIRS 8 -1 TYPES OF FIRS The most common type of EIR examines the environmental impacts of a specific development project and focuses primarily on the changes in the environment that would result from the development project. ©Best Best Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act (2010) TYPES OF EIRS If the EIR for a redevelopment plan is a Project EIR, all public and private activities or undertakings pursuant to or in furtherance of the Redevelopment Plan shall constitute a single project, which shall be deemed approved at the time of the adoption of the Redevelopment Plan. Although the Redevelopment Agency will probably act as Lead Agency for a Redevelopment Plan, the City may act as a Responsible Agency. (State Guideline Section 15180.) 8.04 SUBSEQUENT EIR. A Subsequent EIR is required when a previous EIR has been prepared and certified or a Negative Declaration has been adopted for a project and at least one of the three following situations occur: (a) Substantial changes are proposed in the project which will require major revisions of a previous EIR due to the identification of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (b) Substantial changes occur with respect to the circumstances under which the project is to be undertaken which will require major revisions of a previous EIR due to the identification of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (c) New information, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration was adopted, becomes available and shows any of the following: (3) A Subsequent EIR must receive the same circulation and review as the previous EIR received. In instances where the City is evaluating a modification or revision to an existing use permit, the City may consider only those environmental impacts related to the changes between what was allowed under the old permit and what is requested under the new permit. Only if these differential impacts fall within the categories described above may the City require additional environmental review. 2010 City of Arcadia Local Guidelines (1) the project will have one or more significant effects not discussed in a previous EIR or Negative Declaration; (2) significant effects previously examined will be substantially more severe than shown in a previous EIR; mitigation measures or alternatives previously found not to be feasible are in fact feasible and would substantially reduce one or more significant effects, but the project proponent declines to adopt the mitigation measures or alternatives; or (4) mitigation measures or alternatives which were not considered in a previous EIR would substantially lessen one or more significant effects on the environment, but the project proponent declines to adopt the mitigation measures or alternatives. 8 -2 ©Best Best Krieger LLP Local Guidelines for Implementing the California Environmental Ouality Act (20101 TYPES OF EIRS When the City is considering approval of a development project which is consistent with a general plan for which an EIR was completed, another EIR is required only if the project causes environmental effects peculiar to the parcel which were not addressed in the prior EIR or substantial new information shows the effects peculiar to the parcel will be more significant than described in the prior EIR. 8.05 SUPPLEMENTAL EIR. The City may choose to prepare a Supplemental EIR, rather than a Subsequent EIR, if any of the conditions described in Local Guidelines Section 8.04 have occurred but only minor additions or changes would be necessary to make the previous EIR adequately apply to the project in the changed situation. To assist the City in making this determination, the decisionmaking body should request an Initial Study and/or a recommendation by Staff. The Supplemental EIR need contain only the information necessary to make the previous EIR adequate for the project as revised. A Supplemental EIR shall be given the same kind of notice and public review as is given to a Draft EIR but may be circulated by itself without recirculating the previous EIR. When the decisionmaking body decides whether to approve the project, it shall consider the previous EIR as revised by the Supplemental EIR. Findings shall be made for each significant effect identified in the Supplemental EIR. 8.06 ADDENDUM TO AN EIR. The City may choose to prepare an Addendum to an EIR, rather than a Subsequent or Supplemental EIR, only if none of the conditions described in Local Guidelines Section 8.04 or 8.05 calling for preparation of a Subsequent or Supplemental EIR have occurred and only minor technical changes or additions to the previous environmental document are necessary. Since significant effects on the environment were addressed by findings in the original EIR, no new findings are required in the Addendum. An Addendum to an EIR need not be circulated for public review but should be included in or attached to the Final EIR. The decisionmaking body shall consider the Addendum with the Final EIR prior to malting a decision on a project. A brief explanation of the decision not to prepare a Subsequent EIR or a Supplemental EIR should be included in the Addendum, the Lead Agency's findings on the project, or elsewhere in the record. This explanation must be supported by substantial evidence. 8.07 STAGED EIR. When a large capital project will require a number of discretionary approvals from governmental agencies and one of the approvals will occur more than two years before construction will begin, a Staged EIR may be prepared. The Staged EIR covers the entire project in a general form or manner. A Staged EIR should evaluate a proposal in light of current and contemplated plans and produce an informed estimate of the environmental consequences of an entire project. The particular aspect of the project before the City for approval shall be discussed with a greater degree of specificity. 2010 City of Arcadia Local Guidelines 8 -3 ©Best Best Krieger LLP Local Guidelines for Implementing the California Environmental Ouality Act (2010) TYPES OF EIRS When a Staged EIR has been prepared, a Supplemental EIR shall be prepared when a later approval is required for the project and the information available at the time of the later approval would permit consideration of additional environmental impacts, mitigation measures, or reasonable alternatives to the project. 8.08 PROGRAM EIR. A Program EIR is an EIR which may be prepared on an integrated series of actions that are related either: (a) Geographically; (b) As logical parts in a chain of contemplated actions; (c) In connection with the issuance of rules, regulations, plans or other general criteria to govern the conduct of a continuing program; or (d) As individual projects carried out under the same authorizing statutory or regulatory authority and having generally similar environmental effects which can be mitigated in similar ways. (State CEQA Guidelines, 15168.) An advantage of using a Program EIR is that it can "[a]llow the lead agency to consider broad policy alternatives and program wide mitigation measures at an early time when the agency has greater flexibility to deal with basic problems or cumulative impacts." (State Guidelines, 15168(b)(4).) A Program EIR is distinct from a Project EIR, as a Project EIR is prepared for a specific project and must examine in detail site specific considerations. Program EIRs are commonly used in conjunction with the process of tiering. Tiering is the coverage of general matters in broader EIRs (such as on general plans or policy statements) with subsequent narrower EIRs. (State Guidelines, 15385; see also Local Guidelines, 8.02 and 10.66.) Tiering is proper "when it helps a public agency to focus upon the issues ripe for decision at each level of environmental review and in order to exclude duplicative analysis of environmental effects examined in previous environmental impact reports." (Pub. Res. Code, 21093(a).) For example, the California Supreme Court recently ruled that a Program EIR is consistent with CEQA if it identifies potential sources of water and analyzes the associated environmental effects in general terms. Rather, identification of specific sources and environmental effects is required only at the second -tier stage when specific projects are considered. (In re Bay Delta etc. (2008) 43 Cal. 4th 1143.) Subsequent activities in the program must be examined in light of the Program EIR to determine whether additional environmental documents must be prepared. Additional environmental review documents must be prepared if the proposed later project may arguably cause significant adverse effects on the environment. 8.09 USE OF A PROGRAM EIR WITH SUBSEQUENT EIRs AND NEGATIVE DECLARATIONS. A Program EIR can be used to simplify the task of preparing environmental documents in later parts of the program. The Program EIR can: 2010 City of Arcadia Local Guidelines 8-4 ©Best Best Krieger LLP Local Guidelines for Implementing the California Environmental Ouality Act (2010) 8.11 MASTER EIR. TYPES OF EIRS (a) Provide the basis for an Initial Study to determine whether the later activity may have any significant effects; (b) Be incorporated by reference to deal with regional influences, secondary effects, cumulative impacts, broad alternatives and other factors that apply to the program as a whole; or (c) Focus an EIR on a subsequent project to permit discussion solely of new effects which had not been considered before. If a Program EIR is prepared for a redevelopment plan, subsequent activities in the redevelopment program will be subject to review if they would have effects that were not examined in the Program EIR. The City should use a written checklist or similar device to document the evaluation of the site and the proposed activity to determine whether the environmental effects of the operation were indeed covered in the Program EIR. If the City finds that no new effects could occur or no new mitigation measures would be required, the City can approve the activity as being within the scope of the project covered by the Program EIR, and no new environmental document is required. (See Local Guideline Section 8.04.) 8.10 USE OF AN EIR FROM AN EARLIER PROJECT. A single EIR may be used to describe more than one project when the projects involve substantially identical environmental impacts. Any environmental impacts peculiar to one of the projects must be separately set forth and explained. A Master EIR is an EIR which may be prepared for: (a) A general plan (including elements and amendments); (b) A specific plan; (c) A project consisting of smaller individual projects to be phased; (d) A regulation to be implemented by subsequent projects; (e) A project to be carried out pursuant to a development agreement; (f) A project pursuant to or furthering a redevelopment plan; (g) A state highway or mass transit project subject to multiple reviews or approvals; or (h) A regional transportation plan or congestion management plan. A Master EIR must do both of the following: Describe and present sufficient information about anticipated subsequent projects within its scope, including their size, location, intensity, and scheduling; and Preliminarily describe potential impacts of anticipated subsequent projects for which insufficient information is available to support a full impact assessment. The City and Responsible Agencies identified in the Master EIR may use the Master EIR to limit environmental review of subsequent projects. However, the Lead Agency for the subsequent project must prepare an Initial Study to determine whether the subsequent project and its significant environmental effects were included in the Master EIR. If the Lead Agency for the subsequent project finds that the subsequent project will have no additional significant (a) (b) 2010 City of Arcadia Local Guidelines 8 -5 ®Best Best Krieger LLP Local Guidelines for Implementing the Califomia Environmental Ouality Act (2010) TYPES OF EIRS environmental effect and that no new mitigation measures or alternatives may be required, it may prepare written findings to that effect without preparing a new environmental document. When the Lead Agency makes this finding, it must provide public notice of the availability of its proposed finding for public review and comment in the same manner as if it were providing public notice of the availability of a draft EIR. (See Sections 15177(d) and 15087 of the State Guidelines and Section 7.20 of these Local Guidelines.) A previously certified Master EIR cannot be relied upon to limit review of a subsequent project if: (a) A project not identified in the certified Master EIR has been approved and that project may affect the adequacy of the Master EIR for the subsequent project now under consideration; or (b) The Master EIR was certified more than five (5) years before the filing of an application for the subsequent project, unless the City reviews the adequacy of the Master EIR and: (1) Finds that, since the Master EIR was certified, no substantial changes have occurred that would cause the subsequent project to have significant environmental impacts, and there is no new information that the subsequent project would have significant environmental impacts; or (2) Prepares an Initial Study and either certifies a Subsequent or Supplement EIR or adopts a Mitigated Negative Declaration that addresses any substantial changes or new information that would cause the subsequent project to have potentially significant environmental impacts. The certified subsequent or supplemental EIR must either be incorporated into the previously certified Master EIR or the City must identify any deletions, additions or other modifications to the previously certified Master EIR in the new document. The City may include a section in the subsequent or supplemental EIR that identifies these changes to the previously certified Master EIR. When the Lead Agency cannot find that the subsequent project will have no additional significant environmental effect and no new mitigation measures or alternatives will be required, it must prepare either a Mitigated Negative Declaration or an EIR for the subsequent project. 8.12 THE CITY MAY DEVELOP A FEE PROGRAM TO FUND THE COSTS OF A FOCUSED EIR. A Focused EIR is an EIR for a subsequent project identified in a Master EIR. It may be used only if the City finds that the Master EIR's analysis of cumulative, growth- inducing, and irreversible significant environmental effects is adequate for the subsequent project. The Focused EIR must incorporate by reference the Master EIR. The Focused EIR must analyze additional significant environmental effects not addressed in the Master EIR and any new mitigation measures or alternatives not included in the Master EIR. "Additional significant effects on the environment" means those project- specific effects on the environment which were not addressed as significant effects on the environment in the Master EIR. 2010 City of Arcadia Local Guidelines 8 -6 ©Best Best Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act (20101 TYPES OF EIRS The Focused EIR must also examine the following: (a) Significant effects discussed in the Master EIR for which substantial new information exists that shows those effects may be more significant than described in the Master EIR; (b) Those mitigation measures found to be infeasible in the Master EIR for which substantial new information exists that shows the effects may be more significant than described in the Master EIR; and (c) Those mitigation measures found to be infeasible in the Master EIR for which substantial new information exists that shows those measures may now be feasible. The Focused EIR need not examine the following effects: Those that were mitigated through Master EIR mitigation measures; or Those that were examined in the Master EIR in sufficient detail to allow project- specific mitigation or for which mitigation was found to be the responsibility of another agency. A Focused EIR may be prepared for a multifamily residential project not exceeding 100 units or a mixed use residential project not exceeding 100,000 square feet even though the project was not identified in a Master EIR, if the following conditions are met: (a) The project is consistent with a general plan, specific plan, community plan, or zoning ordinance for which an EIR was prepared within five (5) years of the Focused EIR's certification; (b) The project does not require the preparation of a Subsequent or Supplemental EIR; and (c) The parcel is surrounded by immediately contiguous urban development, was previously developed with urban uses, or is within one -half mile of a rail transit station. A Focused EIR for these projects should be limited to potentially significant effects that are project- specific and/or which substantial new information shows will be more significant than described in the Master EIR. No discussion shall be required of alternatives to the project, cumulative impacts of the project, or the growth- inducing impacts of the project. (See State Guidelines Section 15179.5.) (a) (b) 8.13 SPECIAL REQUIREMENTS FOR REDEVELOPMENT PROJECTS. An EIR for a redevelopment plan may be a Master EIR, Program EIR or Project EIR. An EIR for a redevelopment plan must specify whether it is a Master EIR, a Program EIR or a Project EIR. If a Program EIR is prepared for a redevelopment plan, subsequent activities in the redevelopment program will be subject to review if they would have effects that were not examined in the Program FIR. The City should use a written checklist or similar device to document the evaluation of the site and the proposed activity to determine whether the environmental effects of the operation were indeed covered in the Program EIR. If the City finds that no new effects could occur, no new mitigation measures would be required or that State Guidelines Sections 15162 and 15163 do not otherwise apply, the City can approve the activity as being within the scope of the project covered by the Program EIR, and no new environmental document is required. 2010 City of Arcadia Local Guidelines 8-7 ©Best Best Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act (2010) TYPES OF EIRS If the EIR for a redevelopment plan is a Project EIR, all public and private activities or undertakings pursuant to or in furtherance of the Redevelopment Plan shall constitute a single project, which shall be deemed approved at the time of the adoption of the Redevelopment Plan Once certified, no subsequent EIRs will be needed unless required by State Guidelines sections 15162 or 15163. (State Guideline Section 15180.) If a Master EIR is prepared for a redevelopment plan, subsequent projects will be subject to review if they would have effects that were not examined in the Master EIR. If no new effects could occur or no new mitigation measures would be required, it can approve the activity as being within the scope of the project covered by the Master EIR, and no new environmental document is required. 2010 City of Arcadia Local Guidelines 8 -8 ©Best Best Krieger LLP Local Guidelines for Implementing the Califomia Environmental Quality Act (2010) CEOA LITIGATION 9.01 TIMELINES. When a CEQA lawsuit is filed, there are numerous and complex time requirements that must be met. Pressing deadlines begin to run in the days immediately after a CEQA lawsuit has been filed with the Court. For example, within ten (10) business days of the public agency being served with a petition or complaint alleging a violation of CEQA, the City, if it was the Lead Agency, must provide the petitioner with a list of Responsible Agencies and public agencies with jurisdiction by law over any natural resource affected by the project at issue. There are a variety of other deadlines that apply in CEQA litigation. If a CEQA lawsuit is filed, CEQA counsel should be contacted immediately in order to ensure that all the applicable deadlines are met. 9.02 ADMINISTRATIVE RECORD. A. Contents of Administrative Record. When the Lead Agency's CEQA finding(s) and/or action is challenged in a lawsuit, the Lead Agency must certify the administrative record that formed the basis of the Lead Agency's decision. To the extent the documents listed below exist and are not subject to a privilege that exempts them from disclosure, the following items should be included in the administrative record: (1) All project application materials; (2) All staff reports and related documents prepared by the public agency with respect to its compliance with the substantive and procedural requirements of CEQA and with respect to the action on the project; All staff reports and related documents prepared by the public agency and written testimony or documents submitted by any person relevant to any findings or statement of overriding considerations adopted by the public agency pursuant to this division; (3) (4) Any transcript or minutes of the proceedings at which the decisionmaking body of the public agency heard testimony on or considered any environmental document on the project, and any transcript or minutes of proceedings before any advisory body to the respondent public agency that were presented to the decisionmaking body prior to action on the environmental documents or on the project; (5) 2010 City of Arcadia Local Guidelines 9. CEOA LITIGATION All notices issued by the public agency to comply with CEQA or with any other law governing the processing and approval of the project; 9 -1 ©Best Best Krieger LLP Local Guidelines for Implementing the CEOA LITIGATION California Environmental Quality Act (2010) 2010 City of Arcadia Local Guidelines (6) All written comments received in response to, or in connection with, environmental documents prepared for the project, including responses to the notice of preparation; All written evidence or correspondence submitted to, or transferred from, the public agency with respect to compliance with CEQA or with respect to the project; (8) Any proposed decisions or findings submitted to the decisionmaking body of the public agency by its staff or the project proponent, project opponents, or other persons, to the extent such documents are subject to public disclosure; The documentation of the final public agency decision, including the final environmental impact report, mitigated negative declaration, or negative declaration, and all documents, in addition to those referenced in paragraph (3) above, cited or relied on in the findings or in a statement of overriding considerations adopted pursuant to CEQA; (10) Any other written materials relevant to the respondent public agency's compliance with CEQA or to its decision on the merits of the project, including the initial study; any drafts of any environmental document, or portions thereof, that were released for public review; copies of studies or other documents relied upon in any environmental document prepared for the project and either made available to the public during the public review period or included in the public agency's files on the project; and internal agency communications related to the project or to compliance with CEQA, to the extent such documents are subject to public disclosure; (9) and (11) The full written record before any inferior administrative decisionmaking body whose decision was appealed prior to the filing of the lawsuit The administrative record can be prepared: (1) by the petitioner, if the petitioner elects to do so, or (2) by the Lead Agency. The petitioner and the Lead Agency can also agree on any alternative method of preparing the record. However, when a third party such as the project applicant prepares or assists with the preparation of the administrative record, the Lead Agency may not be able to recover fees incurred by the third party unless petitioner has agreed to this method of preparation. B. Organization of Administrative Record. The administrative record should be organized as follows: (1) Index. A detailed index must be included at the beginning of the administrative record listing each document in the order presented. Each entry must include the document's title, date, brief description, and the volume and page where the document begins; 9 -2 ®Best Best Krieger LLP Local Guidelines for Implementing the Califomia Environmental Quality Act (20101 CEOA LITIGATION 2010 City of Arcadia Local Guidelines The Notice of Determination; The resolutions or ordinances adopted by the lead agency approving the project; The findings required by Public Resources Code section 21081, including any statement of overriding considerations; The Final EIR, including the Draft EIR or a revision of the draft, all other matters included in the Final EIR (such as traffic studies and air quality studies), and other types of environmental documents prepared under CEQA, such as a negative declaration, mitigated negative declaration, or addenda; (6) The initial study; (7) Staff reports prepared for the administrative bodies providing subordinate approvals or recommendations to the lead agency, in chronological order; (8) Transcripts and minutes of hearings, in chronological order; and (9) All other documents appropriate for inclusion in the administrative record, in chronological order. Each section listed above must be separated by tabs or marked with electronic bookmarks. Oversized documents (such as building plans and maps) must be presented in a manner that allows them to be easily unfolded and viewed. The court may issue an order allowing the documents to be organized in a different manner. 9 -3 OBest Best Krieger LLP Local Guidelines for Implementing the California Environmental Ouality Act (2010) DEFINITIONS. 10. DEFINITIONS. Whenever the following terms are used in these Local Guidelines, they shall have the following meaning unless otherwise expressly defined: 10.01 "Agricultural Employee" means a person engaged in agriculture, including farming in all its branches, and, among other things, includes: (1) the cultivation and tillage of the soil, (2) dairying, (3) the production, cultivation, growing, and harvesting of any agricultural or horticultural commodities, (4) the raising of livestock, bees, furbearing animals, or poultry, and (5) any practices (including any forestry or lumbering operations) performed by a farmer or on a farm as an incident to or in conjunction with such farming operations, including preparation for market and delivery to storage or to market or to carriers for transportation to market. This definition does not include any person covered by the National Labor Relations Act as agricultural employees pursuant to Section 2(3) of the Labor Management Relations Act (Section 152(3), Title 29, United States Code) and Section 3(f) of the Fair Labor Standards Act (Section 203(f), Title 29, United States Code). This definition does not apply to employees who perform work to be done at the site of the construction, alteration, painting, or repair of a building, structure, or other work (as these terms have been construed under Section 8(e) of the Labor Management Relations Act, 29 United States Code Section 158(e)) or logging or timber clearing operations in initial preparation of land for farming, or who does land leveling or only land surveying for any of the above. As used in this definition, "land leveling" shall include only major land moving operations changing the contour of the land, but shall not include annual or seasonal tillage or preparation of land for cultivation. (State Guidelines Section 15191(a).) 10.02 "Applicant" means a person who proposes to carry out a project which requires a lease, permit, license, certificate, or other entitlement for use, or requires financial aid from one or more public agencies when applying for governmental approval or assistance. 10.03 "Approval" means a decision by the decisionmaking body or other authorized body or officer of the City which commits the City to a definite course of action with regard to a particular project. With regard to any project to be undertaken directly by the City, approval shall be deemed to occur on the date when the decisionmaking body adopts a motion or resolution determining to proceed with the project, which in no event shall be later than the date of adoption of plans and specifications. As to private projects, approval shall be deemed to have occurred upon the earliest commitment to provide service or the issuance by the City of a discretionary contract, subsidy, or other form of financial assistance, lease, permit, license, certificate, or other entitlement for use of the project. The mere acquisition of land by the City shall not, in and of itself, be deemed to constitute approval of a project. For purposes of these Local Guidelines, all environmental documents must be completed as of the time of project approval. 2010 City of Arcadia Local Guidelines 10 -1 ®Best Best Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act (2010) DEFINITIONS 10.04 "Baseline" refers to the pre project environmental conditions. By comparing the project's potential impacts to the baseline, the Lead Agency determines whether the project's impacts are substantial enough to be significant under the relevant thresholds of significance. Generally, the baseline is the environmental conditions existing on the date the environmental analysis begins, such as the date of the Notice of Preparation is published for an EIR or the date of the Notice of Intent to Adopt a Negative Declaration. However, in certain circumstances, an earlier or later date may provide a more accurate environmental analysis. The City may establish any baseline that is appropriate, including an earlier or later date, as long as the choice of baseline can be supported by substantial evidence. 10.05 "Categorical Exemption" means an exception from the requirement of preparing a Negative Declaration or an EIR, based on a finding by the Secretary of the Resources Agency that the class of projects does not have a significant effect on the environment. 10.06 "Census Defined Place" means a specific unincorporated land area within boundaries determined by the United States Census Bureau in the most recent decennial census. 10.07 "CEOA" (the California Environmental Quality Act) means California Public Resources Code Sections 21000, et seq. 10.08 "City" means the City of Arcadia. 10.09 "Clerk" means either the "Clerk of the Board" or the "County Clerk" depending upon the county. Please refer to the "Index to Environmental Filing by County" in the Staff Summary to determine which applies. 10.10 "Community Level Environmental Review" means either (1) or (2) below: (1) An EIR certified for any of the following: (a) A general plan, (b) A revision or update to the general plan that includes at least the land use and circulation elements, (c) An applicable community plan, (d) An applicable specific plan, (e) A housing element of the general plan, if the Environmental Impact Report analyzed the environmental effects of the density of the proposed project. (2) A Negative Declaration or Mitigated Negative Declaration adopted as a subsequent environmental review document, following and based upon an EIR on a general plan, an applicable community plan or specific plan, provided that the subsequent environmental review document is allowed by CEQA following a Master EIR or a Program EIR or is required pursuant to Public Resource Section 21166. 2010 City of Arcadia Local Guidelines 10 -2 ©Best Best Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act (2010) 2010 City of Arcadia Local Guidelines 10 -3 DEFINITIONS. 10.11 "Cumulative Impacts" means two or more individual effects which, when considered together, are considerable or which compound or increase other environmental impacts. The individual effects may be changes resulting from a single project or a number of separate projects, whether past, present or future. The cumulative impact from several projects is the change in the environment which results from the incremental impact of the project when added to other closely related past, present and reasonably foreseeable future projects. Cumulative impacts can result from individually minor but collectively significant projects taking place over a period of time. 10.12 "Cumulatively Considerable" means that the incremental effects of an individual project are significant when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects. 10.13 Decisionmaking Body" means the body within the City, e.g., the City Council or Planning Commission, which has final approval authority over the particular project. 10.14 "Developed Open Space" means land that meets each of the following three criteria: (1) Is publicly owned, or financed in whole or in part by public funds; (2) Is generally open to, and available for use by, the public; (3) Is predominantly lacking in structural development other than structures associated with open spaces, including, but not limited to, playgrounds, swimming pools, ball fields, enclosed child play areas, and picnic facilities. Developed Open Space may include land that has been designated for acquisition by a public agency for developed open space purposes, but does not include lands acquired by public funds dedicated to the acquisition of land for housing purposes. 10.15 "Development Proiect" means any project undertaken for the purpose of development, including any project involving the issuance of a permit for construction or reconstruction but not a permit to operate. It does not include any ministerial projects proposed to be carried out or approved by public agencies. (Government Code Section 65928.) 10.16 "Discretionary Proiect" means a project for which approval requires the exercise of independent judgment, deliberation, or decisionmaking on the part of the City. 10.17 "Emergency" means a sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services. Emergency includes such occurrences as fire, flood, earthquake, landslide or other natural disaster, as well as such occurrences as riot, war, terrorist incident, accident or sabotage. ©Best Best Krieger LLP Local Guidelines for Implementing the California Environmental Ouality Act (2010) DEFINITIONS. 10.18 "Endangered, Rare or Threatened Species" means certain species or subspecies of animals or plants. A species or subspecies of animal or plant is "Endangered" when its survival and reproduction in the wild are in immediate jeopardy from one or more cause, including loss of habitat, change in habitat, overexploitation, predation, competition, disease, or other factors. A species or subspecies of animal or plant is "Threatened" when it is listed as a threatened species pursuant to the California Endangered Species Act or the federal Endangered Species Act. A species or subspecies of animal or plant is "Rare" when either: (1) Although not presently threatened with extinction, the species is existing in such small numbers throughout all or a significant portion of its range that it may become endangered if its environment worsens; or (2) The species is likely to become endangered within the foreseeable future throughout all or a significant portion of its range and many be considered "threatened" as that term is used in the Federal Endangered species Act. For purposes of analyzing impacts to biological resources, a species of animal or plant shall be presumed to be endangered, rare or threatened if it is listed under the California Endangered Species Act or the federal Endangered Species Act. This definition shall not include any species of the Class Insecta which is a pest whose protection under the provisions of CEQA would present an overwhelming and overriding risk to man as determined by the Director of Food and Agriculture (with regard to economic pests) or the Director of Health Services (with regard to health risks). 10.19 "Environment" means the physical conditions which exist in the area which will be affected by a proposed project, including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance. The area involved shall be the area in which significant effects would occur either directly or indirectly as a result of the project. The "environment" includes both natural and man-made conditions. 10.20 "EIR" (Environmental Impact Report) means a detailed written statement setting forth the environmental effects and considerations pertaining to a project. EIR may mean a Draft or a Final version of an EIR, a Project EIR, a Subsequent EIR, a Supplemental EIR, a Tiered EIR, a Staged EIR, a Program EIR, a Redevelopment EIR, a Master EIR, or a Focused EIR. 10.21 "Feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors. 10.22 "Final EIR" means an EIR containing the information contained in the Draft EIR, comments either verbatim or in summary received in the review process, a list of persons commenting, and the response of the City to the comments received. 2010 City of Arcadia Local Guidelines 10-4 ©Best Best Krieger LLP Local Guidelines for Implementing the California Enviromnental Quality Act (20101 2010 City of Arcadia Local Guidelines 10 -5 DEFINITIONS. 10.23 "Guidelines" or "Local CEQA Guidelines" means the City's Local Guidelines for implementing the California Environmental Quality Act. 10.24 "Greenhouse Gas" includes, but is not limited to, carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride. 10.25 "Historical Resources" includes: Resources listed in, or eligible for listing in, the California Register of Historical Resources shall be considered historical resources. A, resource may be listed in the California Register if it meets any of the following National Register of Historic Places criteria: (a) Is associated with events that have made a significant contribution to the broad patterns of California's history and cultural heritage; (b) Is associated with the lives of persons important in our past; (c) Embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of an important creative individual, or possesses high artistic values; or (d) Has yielded, or may be likely to yield, information important in prehistory or history. A resource may also be listed in the California Register if it is identified as significant in an historical resource survey that meets all of the following criteria: (a) The survey has been or will be included in the State Historic Resources Inventory; (b) The survey and the survey documentation were prepared in accordance with office procedures and requirements; and (c) The resource is evaluated and determined by the office to have a significance rating of Category 1 to 5 on DPR Form 523. Resources included on a list of properties officially designated or recognized as historically significant by a local government pursuant to a local ordinance or resolution, or identified as significant in a historical resource survey (as described above) are presumed to be historically or culturally significant, unless a preponderance of evidence demonstrates that they are not historically or culturally significant. Any of the following may be considered historically significant: any object, building, structure, site, area, place, record or manuscript which a Lead Agency determines, based upon substantial evidence in light of the whole record, to be historically significant or significant in the architectural, engineering, scientific, economic, agricultural, educational, social, political, military or cultural annals of California. The Lead Agency is not precluded from determining that a resource is a historical resource, as defined in Public Resources Code Sections 5020.1(j) or 5024.1, even if it ©Best Best Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act (2010) DEFINITIONS. is: (a) not listed in, or determined to be eligible for listing in, the California Register of Historical Resources; (b) not included in a local register of historical resources; or (c) not identified in a historical resources survey. 10.26 "Infill Site" means a site in an urbanized area that meets either of the following criteria: (1) The site has been previously developed for qualified urban uses; or (2) The site has not been previously developed for qualified urban uses and both (a) and (b) are met: (Public Resources Code Section 21061.3.) 10.27 "Initial Study" means a preliminary analysis conducted by the City to determine whether an EIR or a Negative Declaration must be prepared or to identify the significant environmental effects to be analyzed in an EIR. 10.28 "Jurisdiction by Law" means the authority of any public agency to grant a permit or other entitlement for use, to provide funding for the project in question or to exercise authority over resources which may be affected by the project. The City will have jurisdiction by law over a project when the City, having primary and exclusive jurisdiction over the area involved, is the site of the project, the area in which the major environmental effects will occur, or the area in which reside those citizens most directly concerned by any such environmental effects. 10.30 "Large Treatment Facility" means a treatment facility which treats or recycles one thousand (1,000) or more tons of hazardous waste during any one month of the current reporting period commencing on or after July 1, 1991. (Health and Safety Code Section 25205.1(d).) 10.29 "Land Disposal Facility means a hazardous waste facility where hazardous waste is disposed in, on, or under land. (Health and Safety Code Section 25199.1(d).) 2010 City of Arcadia Local Guidelines (a) the site is immediately adjacent to parcels that are developed with qualified urban uses, or 1. at least 75 percent of the perimeter of the site is adjacent to parcels that are developed with existing qualified urban uses at the time the Lead Agency receives an application for an approval; and 2. the remaining 25 percent of the perimeter of the site adjoins parcels that had been previously developed for qualified urban uses. (b) No parcel within the site has been created within the past 10 years unless the parcel was created as a result of the plan of a redevelopment agency. 10 -6 ©Best Best Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act (20101 10.31 "Lead Agency" means the public agency which has the principal responsibility for preparing environmental documents and for carrying out or approving a project when more than one public agency is involved with the same underlying activity. 10.32 "Low Income Households" means households of persons and families of very low and low income. Low income persons or families are those eligible for financial assistance from governmental agencies for occupants of state funded housing. Very low income persons are those whose incomes do not exceed the qualifying limits for very low income families as established and amended pursuant to Section 8 of the United States Housing Act of 1937. Such limits are published and updated in the California Code of Regulations. (Public Resources Code Section 21159.20(c); Health and Safety Code Sections 50105 and 50106; State Guidelines Section 15191(g).) 10.33 "Low and Moderate Income Households" means persons and families of low or moderate income" as defined in Section 50093 of the Health and Safety Code to mean persons and families whose income does not exceed 120% of area median income, adjusted for family size by the Department of Housing and Community Development, in accordance with adjustment factors adopted and amended from time to time by the United States Department of Housing and Urban Development pursuant to Section 8 of the United States Housing Act of 1937. (Public Resources Code Section 21159.20(d); State Guidelines Section 15191(f).).) 10.34 "Lower Income Households" is defined in Health and Safety Code Section 50079.5 to mean any of the following: (1) "Lower income households" means persons and families whose income does not exceed the qualifying limits for lower income families as established and amended from time to time pursuant to Section 8 of the United States Housing Act of 1937. (2) "Very low income households" means persons and families whose incomes do not exceed the qualifying limits for very low income families as defined in Health and Safety Code 50105. "Extremely low income households" means persons and families whose incomes do not exceed the qualifying limits for extremely low income families as defined in Health and Safety Code Section 50106. 10.35 "Low Level Flight Path" means any flight path for any aircraft owned, maintained, or under the jurisdiction of the United States Department of Defense that flies lower than 1,500 feet above ground level, as indicated in the United States Department of Defense Flight Information Publication, "Area Planning Military Training Routes: North and South America (AP /1B)" published by the United States National Imagery and Mapping Agency or its successor. 10.36 "Major Transit Stop" means a site containing an existing rail transit station, a ferry terminal served by either a bus or rail transit service, or the intersection of two or more major bus routes with a frequency of service interval of fifteen (15) minutes or (3) 2010 City of Arcadia Local Guidelines 10 -7 DEFINITIONS. ©Best Best Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act (2010) DEFINITIONS. less during the morning and afternoon peak commute periods. (State Guidelines Section 15191(i).) 10.37 "Metropolitan Planning Organization" means a federally designated agency that provides transportation planning and programming in metropolitan areas. A MPO is designated for each urban area that has been defined in the most recent federal census as having a population of more than 50,000 people. The Census Bureau issued its list of qualifying Urbanized Areas based on population counts from the 2000 decennial Census. There are 18 federally designated MPOs in California. Non urbanized (rural) areas do not have a designated MPO. 10.38 "Military Impact Zone" means any area, including airspace, that meets both of the following criteria: (1) Is located within two miles of a military installation, including, but not limited to, any base, military airport, camp, post, station, yard, center, homeport facility for a ship, or any other military activity center that is under the jurisdiction of the United States Department of Defense; and (2) Covers greater than 500 acres of unincorporated land, or greater than 100 acres of city incorporated land. 10.39 "Military Service" means the United States Department of Defense or any branch of the United States Armed Forces. 10.40 "Ministerial" describes a governmental decision involving little or no personal judgment by the public official as to the wisdom or manner of carrying out the project. The public official merely applies the law to the facts as presented but uses no special discretion or standards or objective measurements, and the public official cannot use personal, subjective judgment in deciding whether or how the project should be carried out. Common examples of ministerial permits include automobile registrations, dog licenses, and marriage licenses. A building permit is ministerial if the ordinance requiring the permit limits the public official to determining whether the zoning allows the structure to be built in the requested locations, the structure would meet the strength requirements in the Uniform Building Code, and the applicant has paid his fee. (Public Resources Code Section 21080(b)(1).) 10.41 "Mitigated Negative Declaration" or "MND" means a Negative Declaration prepared for a Project when the Initial Study has identified potentially significant effects on the environment, but: (1) revisions in the project plans or proposals made or agreed to, by the applicant before the proposed Negative Declaration and Initial Study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur, and (2) there is no substantial evidence in light of the whole record before the public agency that the project, as revised, may have a significant effect on the environment. 10.42 "Mitigation" means avoiding the environmental impact altogether by not taking a certain action or parts of an action, minimizing impacts by limiting the degree or 2010 City of Arcadia Local Guidelines 10 -8 ©Best Best Krieger LLP Local Guidelines for Implementing the California Environmental Ouality Act (2010) DEFINITIONS. magnitude of the action and its implementation, rectifying the impact by repairing, rehabilitating or restoring the impacted environment, reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action, or compensating for the impact by replacing or providing substitute resources or environments. 10.43 "Negative Declaration" or "ND" means a written statement by the City briefly describing the reasons that a proposed project, not exempt from CEQA, will not have a significant effect on the environment and, therefore, does not require the preparation of an EIR. 10.44 "Notice of Completion" means a brief report filed with the Office of Planning and Research by the City when it is the Lead Agency as soon as it has completed a Draft EIR and is prepared to send out copies for review. 10.45 "Notice of Determination" means a brief notice to be filed by the City when it approves or determines to carry out a project which is subject to the requirements of CEQA. 10.46 "Notice of Exemption" means a brief notice which may be filed by the City when it has approved or determined to carry out a project, and it has determined that the project is exempt from the requirements of CEQA. Such a notice may also be filed by an applicant where such a determination has been made by a public agency which must approve the project. 10.47 "Notice of Preparation" means a brief notice sent by a Lead Agency to notify the Responsible Agencies, Trustee Agencies, the Office of Planning and Research, and involved federal agencies that the Lead Agency plans to prepare an EIR for a project. The purpose of this notice is to solicit guidance from those agencies as to the scope and content of the environmental information to be included in the EIR. Public agencies are free to develop their own formats for this notice. 10.48 "Oak" means a native tree species in the genus Quercus, not designated as Group A or Group B commercial species pursuant to regulations adopted by the State Board of Forestry and Fire Protection pursuant to Public Resources Code Section 4526, and that is five (5) inches or more in diameter at breast height. (Public Resources Code Section 21083.4(a).) 10.49 "Oak Woodlands" means an oak stand with a greater than 10 percent canopy cover or that may have historically supported greater than 10 percent canopy cover. (Fish Game Code Section 1361(h).) 10.50 "Offsite Facility" means a facility that serves more than one generator of hazardous waste. (Public Resources Code Section 21151.1(h).) 10.51 "Person" includes any person, firm, association, organization, partnership, business, trust, corporation, company, city, county, city and county, town, the state, and any of the agencies which may be political subdivisions of such entities, and, to the extent 2010 City of Arcadia Local Guidelines 10 -9 ©Best Best Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act (2010) DEFINITIONS. permitted by federal law, the United States, or any of its agencies or political subdivisions. 10.52 "Private Project" means a project which will be carried out by a person other than a governmental agency, but which will need a discretionary approval from the City. Private projects will normally be those listed in subsections (2) and (3) of Local Guidelines Section 10.53. 10.53 "Project" means the whole of an action or activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect change in the environment, and is any of the following: (1) A discretionary activity directly undertaken by the City including but not limited to public works construction and related activities, clearing or grading of land, or improvements to existing public structures. (2) A discretionary activity which involves a public agency's issuance to a person of a lease, permit, license, certificate, or other entitlement for use, or which is supported, in whole or in part, through contracts, grants, subsidies, loans or other forms of assistance by the City. A discretionary project proposed to be carried out or approved by public agencies, including but not limited to the enactment and amendment of local General Plans or elements thereof, the enactment of zoning ordinances, the issuance of zoning variances, the issuance of conditional use permits and the approval of tentative subdivision maps. The presence of any real degree of control over the manner in which a project is completed makes it a discretionary project. The term "project" refers to the activity which is being approved and which may be subject to several discretionary approvals by governmental agencies. The term "project" does not mean each separate governmental approval. 10.54 "Project Specific Effects" means all the direct or indirect environmental effects of a project other than cumulative effects and growth- inducing effects. (Public Resources Code Section 21065.3; State Guidelines Section 15191(j).) 10.55 "Public Water System" means a system for the provision of piped water to the public for human consumption that has 3000 or more service connections. A public water system includes all of the following: (A) Any collection, treatment, storage, and distribution facility under control of the operator of the system which is used primarily in connection with the system; (B) Any collection or pretreatment storage facility not under the control of the operator that is used primarily in connection with the system; (C) Any person who treats water on behalf of one or more public water systems for the purpose of rendering it safe for human consumption. (State Guideline Section 15155.) (3) 2010 City of Arcadia Local Guidelines 10 -10 ®Best Best Krieger LLP Local Guidelines for Implementing the California Environmental Duality Act (20101 DEFINITIONS. 10.56 "Qualified Urban Use" means any residential, commercial, public institutional, transit or transportation passenger facility, or retail use, or any combination of those uses. (Public Resources Code Section 21072; State Guidelines Section 15191(k).) 10.57 "Residential" means a use consisting of either residential units only or residential units and primarily neighborhood serving goods, services, or retail uses that do not exceed 15% of the total floor area of the project. (State Guidelines Section 15191(1).) 10.58 "Responsible Agency" means a public agency which proposes to carry out or approve a project for which a Lead Agency has prepared the environmental documents. For the purposes of CEQA, the term "Responsible Agency" includes all federal, state, regional and local public agenciep other than the Lead Agency which have discretionary approval power over the project. 10.59 "Significant Effect" means a substantial, or potentially substantial, adverse change in any of the physical conditions within the area affected by the activity including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance. A social or economic change related to a physical change may be considered in determining whether the physical change is significant. 10.60 "Special Use Airspace" means the land area underlying the airspace that is designated for training, research, development, or evaluation for a military service, as that land area is established by he United States Department of Defense Flight Information Publication, "Area Planning: Special Use Airspace: North and South America (AP /1A)" published by the United States National Imagery and Mapping Agency or its successor. 10.61 "Staff" means the City Manager or his or her designee. 10.62 "Standard" means a standard of general application that is all of the following: (1) A quantitative, qualitative or performance requirement found in a statute, ordinance, resolution, rule, regulation, order, or other standard of general application; (2) Adopted for the purpose of environmental protection; (3) Adopted by a public agency through a public review process; (4) Governs the same environmental effect which the change in the environment is impacting; and (5) Govems the jurisdiction where the project is located. The definition of "standard" includes any thresholds of significance adopted by the City which meet the requirements of this Section. 2010 City of Arcadia Local Guidelines 10 -11 ®Best Best Krieger LLP Local Guidelines for Implementing the Califomia Environmental Oualitv Act (2010) DEFINITTONS If there is a conflict between standards, the City shall determine which standard is appropriate based upon substantial evidence in light of the whole record. 10.63 "State Guidelines" or "State CEOA Guidelines" means the Guidelines for Implementation of the California Environmental Quality Act as adopted by the Secretary of the California Resources Agency as they now exist or hereafter may be amended. (California Administrative Code, Title 14, Sections 15000, et seq.) 10.64 "Substantial Evidence" means reliable information on which a fair argument can be based to support an inference or conclusion, even though another conclusion could be drawn from that information. "Substantial evidence" includes facts, reasonable assumptions predicated upon facts, and expert opinion supported by facts. "Substantial evidence" does not include argument, speculation, unsubstantiated opinion or narrative, evidence which is clearly inaccurate or erroneous, or evidence of social or economic impacts which do not contribute to, or are not caused by, physical impacts on the environment. 10.65 "Sustainable Communities Strategy" is an element of a Regional Transportation Plan, which must be adopted by the Metropolitan Planning Organization for the region. (See Local Guidelines Section 10.37.) The Sustainable Communities Strategy is an integrated land use and transportation plan intended to reduce greenhouse gases. The Sustainable Communities Strategy includes various components such as: consideration of existing densities and uses within the region, identification of areas within the region that can accommodate an eight -year projection of the region's housing needs, development of projections for growth in the region, identification of existing transportation networks, and preparation of a forecast for development pattern for the region that can be integrated with transportation networks. 10.66 "Tiering" means the coverage of general matters in broader EIRs (such as on general plans or policy statements) with subsequent narrower EIRs or ultimately site specific EIRs incorporating by reference the general discussions and concentrating solely on the issues specific to the EIR subsequently prepared. Tiering is appropriate when the sequence of EIRs is: (a) (b) (Public Resources Code Sections 21003, 21061 and 21100.) 10.67 "Transit Prioritv Project" means a mixed use project that is consistent with the general use designation, density, building intensity, and applicable policies specified 2010 City of Arcadia Local Guidelines From a general plan, policy, or Program EIR to a program, plan, or policy EIR of lesser scope or to a site specific EIR; From an EIR on a specific action at an early stage to a subsequent EIR or a supplement to an EIR at a later stage. Tiering in such cases is appropriate when it helps the Lead Agency to focus on the issues which are ripe for decision and exclude from consideration issues already decided or not yet ripe. 10 -12 ©Best Best Krieger LLP Local Guidelines for Implementing the DEFINITIONS. California Environmental Quality Act (2010) for the project area in either a sustainable communities strategy or an alternative planning strategy for which the California Air Resources Board has accepted a Metropolitan Planning Organization's determination that the sustainable communities strategy or the alternative planning strategy would, if implemented, achieve the greenhouse gas emission reduction targets. Such a project may be exempt from CEQA if a detailed laundry list of requirements is met. To qualify for the exemption, the Transit Priority Project must: (1) contain at least 50 percent residential use based on total building square footage (2) if the project contains between 26 percent and 50 percent non residential uses, the floor -to -area ratio (FAR) must be at least 0.75; (3) have a minimum net density of 20 dwelling units per acre; (4) be located within a half mile of a major transit stop or high quality transit corridor included in a regional transportation plan; and meet all the requirements of Public Resources Code Section 21155.1. (5) 10.68 "Transportation Facilities" includes major local arterials and public transit within five (5) miles of the project site, and freeways, highways, and rail transit service within ten (10) miles of the project site. 10.69 "Trustee Agency" means a State agency having jurisdiction by law over natural resources affected by a project which are held in trust for the people of the State of California. Trustee Agencies may include, but are not limited to, the following: (a) The California Department of Fish and Game "DFG with regard to the fish and wildlife of the state, designated rare or endangered native plants, and game refuges, ecological reserves, and other areas administered by DFG. (b) The State Lands Commission with regard to state owned "sovereign" lands such as the beds of navigable waters and state school lands. (c) The State Department of Parks and Recreation with regard to units of the State Park System. (d) The University of California with regard to sites within the Natural Land and Water Reserve System. (e) The State Water Resources Control Board with respect to surface waters. 10.70 "Urbanized Area" means either of the following: (1) An incorporated city that either by itself or in combination with two contiguous incorporated cities has a population of at least one hundred thousand (100,000) persons; 2010 City of Arcadia Local Guidelines 10 -13 ©Best Best Krieger LLP Local Guidelines for Implementing the Califomia Environmental Ouality Act (2010) DEFINITIONS (2) An unincorporated area that meets both of the following requirements: (a) The unincorporated area is either: (i) completely surrounded by one or more incorporated cities, has a population of at least 100,000 persons either by itself or in combination with the surrounding incorporated city or cities, and has a population density that at least equals the population density of the surrounding city or cities; or (ii) located within an urban growth boundary and has an existing residential population of at least five thousand (5,000) persons per square mile. An "urban growth boundary" means a provision of a locally adopted general plan that allows urban uses on one side of the boundary and prohibits urban uses on the other side. (b) The board of supervisors with jurisdiction over the unincorporated area has taken all three of the following steps: 1. Prepared a draft document by which the board would find that the general plan, zoning ordinance, and related policies and programs applicable to the unincorporated area are consistent with principles that encourage compact development in a manner that promotes efficient transportation systems, economic growth, affordable housing, energy efficiency, and an appropriate balance of jobs and housing, and protects the environment, open space and agricultural areas; 2. Submitted the draft document to the Office of Planning and Research and allowed OPR thirty (30) days to submit comments on the draft finding to the board; and 3. At least thirty (30) days after submitting the draft document to OPR, the board has adopted a final finding in substantial conformity with the draft finding described in the draft document. (Public Resources Code Sections 21083, 21159.20- 21159.24; State Guidelines Section 15191(m).)) 10.71 "Urban Growth Boundary" means a provision of a locally adopted general plan that allows urban uses on one side of the boundary and prohibits urban uses on the other side of the boundary. 10.72 "Water Acquisition Plans" means any plans for acquiring additional water supplies prepared by the public water system or a city or county Lead Agency pursuant to subdivision (a) of section 10911 of the Water Code. 10.73 "Water Assessment" or "Water Supply Assessment" means the water supply assessment that must be prepared by the governing body of a public water system, or a city or county, pursuant to and in compliance with sections 10910 to 10915 of the Water Code, and that includes, without limitation, the elements of the assessment required to comply with subdivisions (d), (e), (f), and (g) of section 10910 of the Water Code. 2010 City of Arcadia Local Guidelines 10 -14 OBest Best Krieger LLP Local Guidelines for Implementing the California Environmental Quality Act (20101 10 -15 10.74 "Water Demand Project" means any one of the following: (A) A residential development of more than 500 dwelling units; (B) A shopping center or business establishment employing more than 1,000 persons or having more than 500,000 square feet of floor space; (C) A commercial office building employing more than 1,000 persons or having more than 250,000 square feet of floor space; (D) A hotel or motel, or both, having more than 500 rooms; (E) An industrial, manufacturing, or processing plant, or industrial park planned to house more than 1,000 persons, occupying more than 40 acres of land, or having more than 650,000 square feet of floor area; (F) A mixed -use project that includes one or more of the projects specified in subdivisions (A); (B), (C), (D), (E), or (G) of this section; (G) A project that would demand an amount of water equivalent to, or greater than, the amount of water; required by a 500 dwelling unit project; or For public water systems with fewer than 5,000 service connections, a project that meets the following criteria: (1) A proposed residential, business, commercial, hotel or motel, or industrial development that would account for an increase of 10 percent or more in the number of a public water system's existing service connections; or (2) A mixed -use project that would demand an amount of water equivalent to, or greater than, the amount of water required by residential development that would represent an increase of 10 percent or more in the number of the public water system's existing service connections. (State Guideline Section 15155.) 10.75 "Wetlands" has the same meaning as that term is construed in the regulations issued by the United States Army Corps of Engineers pursuant to the Clean Water Act. Thus, "wetlands" means areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. (Public Resources Code Section 21159.21(d), incorporating Title 33, Code of Federal Regulations, Section 328.3.) 10.76 "Wildlife Habitat means the ecological communities upon which wild animals, birds, plants, fish, amphibians, and invertebrates depend for their conservation and protection. (Public Resources Code Section 21159.21.) al) 2010 City of Arcadia Local Guidelines DEFINITIONS. OBest Best Krieger LLP Local Guidelines for Implementing the California Environmental Ouality Act (20101 DEFINITIONS. 10.77 "Zoning Approval" means any enactment, amendment, or appeal of a zoning ordinance; granting of a conditional use permit or variance; or any other form of land use, subdivision, tract, or development approval required from the city or county having jurisdiction to permit the particular use of the property. 2010 City of Arcadia Local Guidelines 10 -16 ©Best Best Krieger LLP Local Guidelines for Implementing the California Environmental Oualitv Act (2010) 11. FORMS 2010 City of Arcadia Local Guidelines 11-1 FORMS ©Best Best Krieger LLP 1. Name or description of project: 2. Project Location Identify street address and cross streets or attach a map showing project site (preferably a USGS 15' or 7 1/2' topographical map identified by quadrangle name): 3. Entity or person undertaking project: A. B. Other (Private) (1) Name (2) Address 4. Staff Determination: The ;ad Agency's Staff, having undertaken and completed a preliminary review of this project in accordance with the ad Agency's "Local Guidelines for Implementing the California Environmental Quality Act (CEQA)" has concluded that this project does not require further environmental assessment because: a. The proposed action does not constitute a project under CEQA. b. The project is a Ministerial Project. c. The project is an Emergency Project. d. The project constitutes a feasibility or planning study. e. The project is categorically exempt. Applicable Exemption Class: The project is statutorily exempt. Applicable Exemption: 0 b.:, The project is otherwise exempt on the following basis: The project involves another public agency which constitutes the Lead Agency. Name of Lead Agency: CITY OF ARCADIA 240 W. HUNTINGTON DRIVE ARCADIA, CA 91007 PRELIMINARY EXEMPTION ASSESSMENT (Certificate of Determination When Attached to Notice of Exemption) Date: Preliminary Exemption Assessment\2010 Staff: FORM "A" 1. Project Title: 2. Project Location Identify street address and cross streets or attach a map showing project site (preferably a USGS 15' or 7 1/2' topographical map identified by quadrangle name): 3. (a) Project Location City: (b) Project Location County: 4. Description of nature, purpose, and beneficiaries of Project: 5. Name of Public Agency approving project: 6. Name of Person or Agency carrying out project: 7. Exempt status: (check one) (a) Ministerial project. (b) Not a project. (c) Emergency Project. (d) Categorical Exemption. 1 State type and class number: (e) Declared Emergency. (f) Statutory Exemption. State Code section number: (g) Other. Explanation: 8. Reason why project was exempt: 9. Contact Person: Telephone: 10. Attach Preliminary Exemption Assessment (Form "A before filing. TO: County Clerk County of Los Angeles Corp. Div., Room 1101, Env. Desk 12400 E. Imperial Highway Norwalk, CA 90650 FROM: City of Arcadia Development Services Department Community Development Division 240 W. Huntington Drive, Arcadia, CA 91007 Date Received for Filing: (Clerk Stamp Here) Notice of Exemption\2010 CITY OF ARCADIA 240 W. HUNTINGTON DRIVE ARCADIA, CA 91007 NOTICE OF EXEMPTION Signature (Lead Agency Representative) Title FORM `B" 1. Name or description of project: 2. Project Location Identify street address and cross streets or attach a map showing project site (preferably a USGS 15' or 7 1/2' topographical map identified by quadrangle name): 3. Entity or Person undertaking project: A. B. Other (Private) (1) Name: (2) Address: 4. Staff Determination: The Lead Agency's staff, having undertaken and completed an Initial Study of this project in accordance with the Lead Agency's "Local Guidelines for Implementing the California Environmental Quality Act (CEQA)" for the purpose of ascertaining whether the proposed project may have a significant effect on the environment, has reached the following conclusion: a. The project could not have a significant effect on the environment; therefore, a Negative Declaration should be adopted. The Initial Study identified potentially significant effects on the environment but revisions in the project plans or proposals made by or agreed to by the applicant would avoid the effects, or mitigate the effects to a point where clearly no significant effects would occur; therefore a Mitigated Negative Declaration should be adopted. b. c. The project may have a significant effect on the environment; therefore, an Environmental Impact Report will be required. Date: CITY OF ARCADIA 240 W. HUNTINGTON DRIVE ARCADIA, CA 91007 ENVIRONMENTAL IMPACT ASSESSMENT (STAFF RECOMMENDATION FOR INTERNAL USE ONLY) Staff: Environmental Impact Assessment\2010 FORM "C" Notice is hereby given that the public agency named below has completed an Initial Study or me following uescnueu project at the following location: Public Agency: Project Name: Project Location Identify street address and cross streets or attach a map showing project site (preferably a USGS 15' or 7 1/2' topographical map identified by quadrangle name): This Initial Study was completed in accordance with the Lead Agency's Guidelines implementing the California Environmental Quality Act. This Initial Study was undertaken for the purpose of deciding whether the project may have a significant effect on the environment. On the basis of such Initial Study, the Lead Agency's Staff has concluded that the project will not have a significant effect on the environment, and has therefore prepared a Draft Negative Declaration/Mitigated Negative Declaration. The Initial Study reflects the independent judgment of the Lead Agency. The Project site IS on a list compiled pursuant to Government Code section 65962.5. The Project site IS NOT on a list compiled pursuant to Government Code section 65962.5. The proposed project IS considered a project of statewide, regional or areawide significance. The proposed project IS NOT considered a project of statewide, regional or areawide significance. The proposed project WILL affect highways or other facilities under the jurisdiction of the State Department of Transportation. The proposed project WILL NOT affect highways or other facilities under the jurisdiction of the State Department of Transportation. A scoping meeting WILL be held by the lead agency. NOT be held by the lead agency. A scoping meeting WILL If the project meets the criteria requiring the scoping meeting, or if the agency voluntarily elects to hold such a meeting, the date, time and location of the scoping meeting are as follows: Date: Time: Location: Copies of the Initial Study and Draft Negative Declaration/Mitigated Negative Declaration are on file and are available for public review at the Lead Agency's office, located at: Lead Agency address: Comments will be received until the following date: Any person wishing to comment on this matter must submit such comments, in writing, to the Lead Agency prior to this date. Comments of all Responsible Agencies are also requested. CITY OF ARCADIA 240 W. HUNTINGTON DRIVE ARCADIA, CA 91007 NOTICE OF INTENT TO ADOPT A NEGATIVE DECLARATION/ MITIGATED NEGATIVE DECLARATION NOI to Adopt Neg. Dec., Mit. Neg. Dec.\2010 1 FORM "D" The Lead Agency will consider the project and the Draft Negative Declaration/Mitigated Negative Declaration at its meeting on: Date: Time: If the Lead Agency finds that the project will not have a significant effect on the environment, it may adopt the Negative Declaration/Mitigated Negative Declaration. This means that the Lead Agency may proceed to consider the project without the preparation of an Environmental Impact Report. Date Received for Filing: (Clerk Stamp Here) NOI to Adopt Neg. Dec., Mit. Neg. Dec.\2010 2 Staff Title FORM "D" 1. Name or description of project: 2. Project Location Identify street address and cross streets or attach a map showing project site (preferably a USGS 15' or 7 1/2' topographical map identified by quadrangle name): 3. Entity or Person undertaking project: A. B. Other (Private) (1) Name: (2) Address: The Lead Agency, having reviewed the Initial Study of this proposed project and having reviewed the written comments received prior to the public meeting of the Lead Agency, including the recommendation of the Lead Agency's Staff, does hereby fmd and declare that the proposed project will not have a significant effect on the environment. A brief statement of the reasons supporting the Lead Agency's findings are as follows: The Lead Agency hereby finds that the Negative Declaration reflects its independent judgment. A copy of the Initial Study may be obtained at: Phone No.: The location and custodian of the documents and any other material which constitute the record of proceedings upon which the Lead Agency based its decision to adopt this Negative Declaration are as follows: Phone No.: Date Received for Filing: Negative Declaration\2010 CITY OF ARCADIA 240 W. HUNTINGTON DRIVE ARCADIA, CA 91007 NEGATIVE DECLARATION Staff FORM "E" Project Title: State Clearinghouse Number (If submitted to SCH): Contact Person: Telephone Number: Specific Project Location Identify street address and cross street or attach a map showing project site (preferably a USGS 15' or 7 /Z' topographical map identified by quadrangle name): General Project Location (City and/or County): Project Description: 1. The project will have a significant effect on the environment. The project will NOT have a significant effect on the environment 2. An Environmental Impact Report was prepared and certified for this project pursuant to the provisions of CEQA and reflects the independent judgment of the Lead Agency. A Negative Declaration was prepared for this project pursuant to the provisions of CEQA and reflects the independent judgment of the Lead Agency. A Mitigated Negative Declaration was prepared for this project pursuant to the provisions of CEQA and reflects the independent judgment of the Lead Agency. CITY OF ARCADIA 240 W. HUNTINGTON DRIVE ARCADIA, CA 91007 NOTICE OF DETERMINATION TO: County Clerk County of Los Angeles Corp. Div., Room 1101, Env. Desk 12400 E. Imperial Highway Norwalk, CA 90650 FROM: City of Arcadia Development Services Department Community Development Division 240 W. Huntington Drive, Arcadia, CA 91007 TO: Office of Planning and Research P. O. Box 3044, Sacramento, CA 95812 -3044 1400 Tenth Street (overnight or hand delivery) Sacramento, California 95814 SUBJECT: Filing of Notice of Determination in Compliance with Section 21108 or 21152 of the Public Resources Code. This is to advise that the (0 Lead Agency or Responsible Agency) approved the above described project on: and made the following determinations: Notice of Determination\2010 1 FORM "F" 3. Mitigation measures were made a condition of the approval of the project. Mitigation measures were NOT made a condition of the approval of the project. 4. A Mitigation Monitoring or Reporting Plan was adopted for this project. A Mitigation Monitoring or Reporting Plan was NOT adopted for this project. 5. A Statement of Overriding Considerations was adopted for this project. A Statement of Overriding Considerations was NOT adopted for this project 6. Findings were made pursuant to the provisions of CEQA. Findings were NOT made pursuant to the provisions of CEQA. 7. This certifies that the location and custodian of the documents which comprise the record of proceedings for the Final EIR (with comments and responses) or Negative Declaration are available to the general public at the following location(s): Custodian: Location: Date: Date Received for Filing: Signature: Title: Notice of Determination\2010 2 FORM "F" A copy of the Initial Study IS attached. A copy of the Initial Study IS NOT attached. The proposed project IS considered a project of statewide, regional or areawide significance. The proposed project IS NOT considered a project of statewide, regional or areawide significance. The proposed project WILL affect highways or other facilities under the jurisdiction of the State Department of Transportation. The proposed project WILL NOT affect highways or other facilities under the jurisdiction of the State Department of Transportation. A scoping meeting WILL be held by the lead agency. A scoping meeting WILL NOT be held by the lead agency. CITY OF ARCADIA 240 W. HUNTINGTON DRIVE ARCADIA, CA 91007 NOTICE OF PREPARATION TO: County Clerk County of Los Angeles Corp. Div., Room 1101, Env. Desk 12400 E. Imperial Highway Norwalk, CA 90650 FROM: City of Arcadia Development Services Department Community Development Division 240 W. Huntington Drive, Arcadia, CA 91007 Notice of Preparation\2010 SUBJECT: Notice of Preparation of a Draft Environmental Impact Report. The [INSERT AGENCY NAME] will be the Lead Agency and will prepare an environmental impact report for the project identified below. We need to know the views of your agency as to the scope and content of the environmental information which is germane to your agency's statutory responsibilities in connection with the proposed project. Your agency will need to use the EIR prepared by our agency when considering your permit or other approval for the project. The Project description, location, and the probable environmental effects are contained in the attached materials. 1 FORM "G" Project Title: Project Location Specific: Identify street address and cross street or attach a map showing project site (preferably a U.S.G.S. 15' or 7 ''/2' topographical map identified by quadrangle name): Project Description: Project Applicant (if any): California Environmental Protection Agency Hazardous Waste List (if applicable): If the project meets the criteria requiring the scoping meeting, or if the agency voluntarily elects to hold such a meeting, the date, time and location of the scoping meeting are as follows: Date: Time: Location: Your response must be sent at the earliest possible date, but not later than 30 days after receipt of this notice. Please send your response to [INSERT NAME] at the address shown above. We will need the name of a contact person in your agency. Date: Signature: Title: Telephone: Consulting firm retained to prepare draft EIR (if applicable): Name: Address: City /State /Zip: Contact Person: Notice of Preparation\2010 2 FORM "G" tU 1V, r-1J I V PROJECT TITLE LEAD AGENCY CONTACT PERSON STREET ADDRESS (If no street address is available, attach a map showing project site (preferably a U.S.G.S. 15' or 7 Yz' topographical map identified by quadrangle name.) TELEPHONE CITY ZIP CODE COUNTY PROJECT LOCATION Office: COUNTY CITY /NEAREST COMMUNITY LAT. LONG.: N/ W CROSS STREETS ZIP CODE TOTAL ACRES ASSESSOR'S PARCEL NO. SECTION TOWNSHIP RANGE BASE WITHIN 2 MILES: STATE HIGHWAY NO. WITHIN 2 MILES: WATERWAYS WITHIN 2 MILES: AIRPORTS WITHIN 2 MILES: RAILWAYS WITHIN 2 MILES: SCHOOLS Residential: Units: Acres: NOP Water Facilities: Type: MGD: Office: Sq. ft. Acres: Employees: Transportation: Type: Commercial: Sq. ft. Acres: Employees: Mining: Mineral: Other. Industrial: Sq. ft. Acres: Employees: Power. Type: MW: Educational: Waste Treatment: Type: Recreational: Hazardous Waste: Type: Other. CEQA NEPA OTHER NOP Supplement to EIR NOI Joint Document Early Cons Subsequent EIR EA Final Document Neg Dec (Prior SCH No.): Draft EIS Other. Mit Neg Dec Other: FONSI Draft EIR General Plan Update Specific Plan Rezone Annexation General Plan Amendment Master Plan Prezone Redevelopment General Plan Element Planned Unit Development Use Permit Coastal Permit Community Plan Site Plan Land Division (Subdivision, etc.) Other. DOCUMENT TYPE CITY OF ARCADIA 240 W NGTON DRIVE ARCADIA, CA 91007 NOTICE OF COMPLETION ENVIRONMENTAL DOCUMENT TRANSMITTAL For U.S. Mail: State Clearinghouse, PO Box 3044, Sacramento, CA 95812 -3044 For Hand Delivery and Overnight Delivery /Street Address: 1400 Tenth Street, Sacramento, CA 95814 SCH No.: LOCAL ACTION TYPE DEVELOPMENT TYPE Notice of Completion Environmental Doc. Transmitta1\2010 1 FORM "H" PROJECT ISSUES THAT MAY HAVE A SIGNIFICANT OR POTENTIALLY SIGNIFICANT IMPACT: Reviewing Agencies Checklist Appendix C KEY: S Document sent by lead agency X Document sent by SCH T Suggested distribution jead Agencies may recommend State Clearinghouse distribution my marking agencies below: AestheticNisual Air Resources Board Native American Heritage Commission Boating Waterways, Department of Office of Emergency Services Califomia Highway Patrol Office of Historic Preservation CalTrans District 0 Parks Recreation CalTrans Division of Aeronautics Pesticide Regulation, Department of CalTrans Planning Public Utilities Commission Coachella Valley Mountains Conservancy Reclamation Board Coastal Commission Regional Water Quality Board No.: Resources Agency Colorado River Board S.F. Bay Conservation Development Commission Conservation, Department of San Gabriel Lower Los Angeles Rivers Mountains Conservancy Corrections, Department of San Joaquin River Conservancy Delta Protection Commission Santa Monica Mountains Conservancy Education, Department of State Lands Commission Office of Public School Construction SWRCB: Clean Water Grants Energy Commission SWRCB: Water Quality Fish Game Region SWRCB: Water Rights Food Agriculture, Department of Tahoe Regional Planning Agency Forestry Fire Protection Toxic Substances Control, Department of General Services, Department of Water Resources, Department of Health Services, Department of Other, Housing Community Development Other. Integrated Waste Management Board PROJECT ISSUES THAT MAY HAVE A SIGNIFICANT OR POTENTIALLY SIGNIFICANT IMPACT: AestheticNisual Geologic/Seismic Toxic/Hazardous Agricultural Land Minerals Traffic/Circulation Air Quality Noise 0 Vegetation Archaeological /Historical Population/Housing Balance Water Quality Biological Resources Public Services/Facilities Water Supply /Groundwater Coastal Zone Recreation/Parks Wetland/Riparian Drainage/Absorption Schools/Universities Wildlife Economic/Jobs Septic Systems Growth Inducement Fiscal Sewer Capacity Land Use Flood Plain/Flooding Soil Erosion/Compaction /Grading Cumulative Effects Forest Land /Fire Hazard Solid Waste Greenhouse Gases Other. PRESENT LAND USE/ZONING /GENERAL PLAN USE DESIGNATION: PROJECT DESCRIPTION (please use a separate page if necessary) NOTE: Clearinghouse will assign identification numbers for all new proiects. If a SCH number already exists for a pro /ect (e.g. Notice or Preparation or previous draft document) please fill in. Notice of Completion Environmental Doc. Transmitta1\2010 Revised 2005 FORM "H" Local Public Review Period (to be filled in by lead agency): Starting Date: Lead Agency (Complete if applicable): Consulting Firm: Address: City /State /Zip: Contact: Phone: Ending Date: Applicant: Address: Clty /State/Zip: Phone: Signature of Lead Agency Representative: Date: Notice of Completion Environmental Doc. Transmitta1\2010 For SCH Use Only: Date Received at SCH Date Review Starts Date to Agencies Date to SCH Clearance Date Notes: FORM "H" 1. Developer or project sponsor Name: 9. Address: 2. Project Location Identify street address and cross streets or attach a map showing project site (preferably a USGS 15' or 7 1/2' topographical map identified by quadrangle name): Number of floors of construction: 3. Assessor's Block and Lot Number Amount of off street parking provided: 4. Person to be contacted regarding this project Name: Address: Telephone: 5. Permit Application Number for project 14. 6. Existing Zoning District 7. Proposed use of site (project for which this form is filed) 8. Site size: 9. Square footage: 10. Number of floors of construction: 11. Amount of off street parking provided: 12. Attach plans: 13. Proposed scheduling: 14. Associated projects: (For private projects, this Date Filed: GENERAL INFORMATION CITY OF ARCADIA 240 W. HUNTINGTON DRIVE ARCADIA, CA 91007 ENVIRONMENTAL INFORMATION FORM form must be completed by private project applicant to assist staff in completing Initial Study) List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: Environmental Information Form\2010 1 FORM "I" 15. Anticipated incremental development: 16. If residential, include the number of units, schedule of unit sizes, range of sales prices or rents and type of household size expected. 17. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area and loading facilities. 18. If industrial, indicate type, estimated employment per shift and loading facilities. 19. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities and community benefits to be derived from the project. 20. If the project involves a variance, conditional use or rezoning application, state this and indicate clearly why the application is required. Are the following items applicable to the project or its effects? Discuss below all items checked yes (attach additional sheets as necessary). YES NO 21. Change in existing features of any bays, tidelands, beaches, lakes, hills or substantial alteration of ground contours. 22. Change in scenic views or vistas from existing residential areas or public lands or roads. 23. Change in pattern, scale or character of general area of project. 24. Significant amounts of solid waste or litter. 25. Change in dust, ash, smoke, fumes or odors in vicinity. 26. Change in ocean, bay, lake, stream or ground water quality or quantity, or alteration of existing drainage patterns. 27. Substantial change in existing noise or vibration levels in the vicinity. 28. Site on filled land or on slope of 10 percent or more. 29. Use or disposal of potentially hazardous materials, such as toxic substances, flammables or explosives. 30. Substantial change in demand for municipal services (police, fire, water, sewage, etc.). 31. Substantial increase in fossil fuel consumption (electricity, oil, natural gas, etc.). Environmental Information Form\2010 2 FORM "I" YES NO 32. Relationship to a larger project or series of projects. 33. Has a prior environmental impact report been prepared for a program, plan, policy or ordinance consistent with this project? 34. If you answered yes to question 33, may this project cause significant effects on the environment that were not examined in the prior EIR? ENVIRONMENTAL SETTING 35. Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. (Snapshots or instant photos acceptable.) 36. Describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set -back, rear yard, etc.). Attach photographs of the vicinity. (Snapshots or instant photos acceptable.) CERTIFICATION: I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. Date: Environmental Information Form\2010 Signature: For: 3 FORM "I" 1. Project Title: 2. Lead Agency Name and Address: CITY OF ARCADIA 240 W. HUNTINGTON DRIVE ARCADIA, CA 91007 INITIAL STUDY 3. Contact Person and Phone Number: 4. Project Location: 5. Project Sponsor's Name and Address: 6. General Plan Designation: 7. Zoning: 8. Description of Project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation. Attach additional sheet(s) if necessary.) 9. Surrounding Land Uses and Setting: (Briefly describe the project's surroundings.) 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement): ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Biological Resources Greenhouse Gas Emissions El Land Use Planning O Population Housing 0 Transportation Traffic Initial Study Form\LA Large NPDES\2010 Agriculture Resources Cultural Resources O Hazards Hazardous Materials Mineral Resources Public Services El Utilities Service Systems Page 1 of 16 O Air Quality 0 Geology Soils O Hydrology Water Quality O Noise Recreation O Mandatory Findings of Significance FORM "J" DETERMINATION (To be completed by the Lead Agency): On the basis of this initial evaluation: 0 I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. El I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. O I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. O I find that the proposed project MAY have a "potentially significant" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. O I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Signature Printed Name EVALUATION OF ENVIRONMENTAL IMPACTS: Initial Study Form \LA Large NPDES \2010 Date For 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project specific factors as well as general standards (e.g. the project will not expose sensitive receptors to pollutants, based on a project- specific screening analysis). 2) All answers must take account of the whole action involved, including off -site as well as on -site, cumulative as well as project level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross referenced). Page 2 of 16 FORM "J" 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analyses Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources. A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 9) The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance. Less Than Significant Potentially With Less Than Significant Mitigation Significant No Issues: Impact Incorporated Impact Impact I. AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? Initial Study Form\LA Large NPDES\2010 Page 3 of 16 FORM "J" Less Than Significant Potentially With Less Than Significant Mitigation Significant No Issues: Impact Incorporated Impact Impact II. AGRICULTURE AND FOREST RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state's inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest protocols adopted by the California Air Resources Board. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? d) Result in the loss of forest land or conversion of forest land to non- forest use? Initial Study Form \LA Large NPDES\2010 Page 4 of 16 FORM "J" Issues: e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non- agricultural use or conversion of forest land to non forest use? III. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is nonattainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? IV. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? Initial Study Form \LA Large NPDES\2010 Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact Page 5 of 16 FORM "J" Issues: b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? V. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in 15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Initial Study Fonn \LA Large NPDES \2010 Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact Page 6 of 16 FORM "J" Issues: d) Disturb any human remains, including those interred outside of formal cemeteries? VI. GEOLOGY AND SOILS. Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death involving: Rupture of a known earthquake fault, as delineated on the most recent Alquist Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. Strong seismic ground shaking? iii) Seismic- related ground failure, including liquefaction? iv) Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18 1 B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? Initial Study Form\LA Large NPDES\2010 Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact Page 7 of 16 FORM "J" Less Than Significant Potentially With Less Than Significant Mitigation Significant No Issues: Impact Incorporated Impact Impact VII. GREENHOUSE GAS EMISSIONS. Would the project: a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emission of greenhouse gases? VIII. HAZARDS AND HAZARDOUS MATERIALS. Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one quarter mile of an existing or proposed school? ci) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? Initial Study Form\LA Large NPDES \2010 Page 8 of 16 FORM ".1" Issues: f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? IX. HYDROLOGY AND WATER QUALITY. Would the project: a) During project construction, will it create or contribute runoff water that would violate any water quality standards or waste discharge requirements, including the terms of the City's municipal separate stormwater sewer system permit? b) After the project is completed, will it create or contribute runoff water that would violate any water quality standards or waste discharge requirements, including the terms of the City's municipal separate stormwater sewer system permit? c) Provide substantial additional sources of polluted runoff from delivery areas; loading docks; other areas where materials are stored, vehicles or equipment are fueled or maintained, waste is handled, or hazardous materials are handled or delivered; other outdoor work areas; or other sources? Initial Study Form\LA Large NPDES\2010 Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact Page 9 of 16 FORM "3" Issues: J) d) Discharge stormwater so that one or more beneficial uses of receiving waters or areas that provide water quality benefit are impaired? Beneficial uses include commercial and sportfishing; shellfish harvesting; provision of freshwater, estuarine, wetland, marine, wildlife or biological habitat; water contact or non contact recreation; municipal and domestic supply; agricultural supply; and groundwater recharge. e) Discharge stormwater so that significant harm is caused to the biological integrity of waterways or water bodies? Initial Study Form\LA Large NPDES\2010 Violate any water quality standards or waste discharge requirements? Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? h) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? i) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? Significantly increase erosion, either on or off -site? Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact Page 10 of 16 FORM "J" Issues: k) Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems? 1) Significantly alter the flow velocity or volume of storinwater runoff in a manner that results in environmental harm? in) Otherwise substantially degrade water quality? n) Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? o) Place within a 100 -year flood hazard area structures which would impede or redirect flood flows? p) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? q) Expose people or structures to inundation by seiche, tsunami, or mudflow? X. LAND USE AND PLANNING. Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? Initial Study Form \LA Large NPDES\2010 Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact Page 11 of 16 FORM "J" Less Than Significant Potentially With Less Than Significant Mitigation Significant No Issues: Impact Incorporated Impact Impact XI. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? XII. NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Initial Study Form\LA Large NPDES\2010 Page 12 of 16 FORM "J" Less Than Significant Potentially With Less Than Significant Mitigation Significant No Issues: Impact Incorporated Impact Impact XIII. POPULATION AND HOUSING. Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of road or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? XIV. PUBLIC SERVICES. Would the project: a) Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? Police protection? Schools? Parks? Other public facilities? XV. RECREATION. Would the project: a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? Initial Study Form\LA Large NPDES \2010 Page 13 of 16 FORM "J" Issues: b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which have an adverse physical effect on the environment? XVI. TRANSPORTATION TRAFFIC. Would the project: a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? b) Conflict with an applicable congestion management program, including, but not limited to, level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? Initial Study Form1LA Large NPDES\2010 Less Than Significant Potentially With Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact Page 14 of 16 FORM "J" Less Than Significant Potentially With Less Than Significant Mitigation Significant No Issues: Impact Incorporated Impact Impact XVII. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? In making this determination, the City shall consider whether the project is subject to the water supply assessment requirements of Water Code Section 10910, et. seq. (SB 610), and the requirements of Government Code Section 664737 (SB 221). e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Initial Study Form\LA Large NPDES \2010 Comply with federal, state, and local statutes and regulations related to solid waste? Page 15 of 16 FORM "J" Less Than Significant Potentially With Less Than Significant Mitigation Significant No Issues: Impact Incorporated Impact Impact XVIII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have the potential to achieve short-term environmental goals to the disadvantage of long- term environmental goals? c) Does the project have impacts that are individually limited, but cumulatively considerable? "Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current project, and the effects of probable future projects.) d) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Initial Study Form\LA Large NPDES\2010 Page 16 of 16 FORM "J" Project Title: Project Location Specific; Identify street address and cross streets or attach a map showing project site (preferably a USGS 15' or 7 1/2' topographical map identified by quadrangle name): Project Location City: Project Location County: Description of Nature, Purpose, and Beneficiaries of Project: Lead Agency: Division Date when project noticed to public: Address where copy of the EIR is available: Review Period: Contact Person: Contact Person's Telephone (Area Code/Extension: Notice of Availability of Draft EIR\2010 CITY OF ARCADIA 240 W. HUNTINGTON DRIVE ARCADIA, CA 91007 NOTICE OF AVAILABILITY OF DRAFT EIR FORM "K" Date Submitted: CEQA Lead Agency: Lead Agency Contact Phone Number Lead Agency Address: SCH Number or County Filing Number and local agency project/case number: CEQA Document Type (the type of document prepared for your project by the CEQA Lead Agency): Applicant Name and Contact Phone Number (if applicable): Applicant Address (if applicable): Project Title: Project Location (include the street address, lat/long, range /township /section, or other description that clearly indicates the location of the project site. Include an aerial or topographic map of the project site): Project Description (include details such as new construction [with square footage], demolition of existing buildings, adaptive reuse of existing buildings, zoning amendments, general plan amendments, conditional use for sale of alcoholic beverages, etc.) Use additional sheets if necessary: To: DEPARTMENT OF FISH AND GAME South Coast Regional Office 4949 Viewridge Avenue San Diego, CA 92123 Information: (858) 467 -4201 FAX: (858) 467 -4299 http://www.dfg.ca.gov Environmental Review and Permitting 1416 Ninth Street, Suite 1260 Sacramento, California 95814 REQUEST FOR FEE EXEMPTION\LA/Orange /San Diego /Santa Barbara\2010 CITY OF ARCADIA 240 W. HUNTINGTON DRIVE ARCADIA, CA 91007 California Department of Fish and Game No Effect Determination Request Form 1 FORM "L" Justification for No Effect Determination (explain how the proposed project is consistent with Title 14 Section 753.5(d) CCR): Facts Supporting Fee Exemption: 1. An Initial Study has been prepared by the Lead Agency to evaluate the project's effects on fish and wildlife resources, if any. 2. The Lead Agency hereby finds that there is substantial evidence that the project will have no effect on fish or wildlife. 3. The project will have NO EFFECT on the following resources: DECLARATION: (A) Riparian land, rivers, streams, watercourses and wetlands; (B) Native and non -native plant life and the soil required to sustain habitat for fish and wildlife; (C) Rare and unique plant life and ecological communities dependant on plant life; (D) Listed threatened and endangered plants and animals and the habitat in which they are believed to reside; (E) All species listed as protected or identified for special management in the Fish and Game Code, the Public Resources Code, the Water Code or regulations adopted thereunder; (F) All marine and terrestrial species subject to the jurisdiction of the Department of Fish and Game and the ecological communities in which they reside; and (G) All air and water resources, the degradation of which will individually or cumulatively result in a loss of biological diversity among the plants and animals residing in that air and water. Based on the Lead Agency's evaluation of potential adverse effects on fish and wildlife resources, the Lead Agency believes the project will have no effect on fish or wildlife resources, as defined in Section 711.2 of the Fish and Game Code. Signature Lead Agency Representative Title: Lead Agency: Date: REQUEST FOR FEE EXEMPTION\LA/Orange /San 2. FORM "L" Diego /Santa Barbara\2010 To whom it may concern: You are receiving this notice because you commented on the Draft EIR for the following Project: Project Name: Project Description: Project Location Identify street address and cross streets or attach a map showing project site (preferably a USGS 15' or 7 1/2' topographical map identified by quadrangle name): The Draft EIR prepared for this project has been revised. The entire Draft EIR is being recirculated. Your prior comments remain part of the administrative record, but they are no longer applicable to the Draft EIR that is under consideration. The Final EIR will not provide a response to your prior comments. Should you wish to comment on the revised Draft EIR, you will need to submit new comments. or portions of the and only those parts being recirculated: Only the following chapters Draft EIR have been revised, of the revised Draft EIR are Your comments should be limited to those parts of the revised Draft EIR that are being recirculated. Your comments need not be limited to those parts of the revised Draft EIR that are being recirculated. Should you have any questions about this notice, please contact: Staff: Title: Telephone Number: E -Mail: Date Received for Filing: (Clerk Stamp Here) Notice of Recirculation\2010 CITY OF ARCADIA 240 W. HUNTINGTON DRIVE ARCADIA, CA 91007 NOTICE OF RECIRCULATION Staff Title FORM "M" [Date] [To:] CITY OF ARCADIA 240 W. HUNTINGTON DRIVE ARCADIA, CA 91007 Re: Water Supply Assessment for Project within the City of Dear M(r /s.) We have received an application from [project proponent] for the following project "Project [list applications and briefly describe project] We have consulted with each other and have mutually agreed that your [District/Agency /Company] is a public water system that may provide water service to the Project. We have also mutually agreed that the Project is subject to the water supply assessment requirements of Water Code sections 10910 10912. Pursuant to Water Code section 10910, [City /County] requests [District/Agency /Company] to submit a water supply assessment for the Project on or before which is within 90 days of the date of this request. We concurrently request the [District/Agency /Company] to state whether the projected water demand associated with the Project was included as part of the [City's or County's] most recently adopted Urban Water Management Plan. Please contact me to confirm receipt of this request. Thank you for your cooperation in this matter. If you have any questions about this request, please contact me at your earliest convenience. [Name] [Title] REQUEST FOR WATER SUPPLY ASSESSMENT\2010 FORM "N" [Date] [To:] Re: Water Supply Verification for Project within the City /County of Dear M(r /s.) [Subdivision proponent] has submitted to the [City or County] an application for tentative map (No. 1141 44) for the following subdivision "Subdivision [insert project description] [City /County staff has determined that the application is complete. Pursuant to Government Code section 66455.3, we are enclosing a copy of the application.] [We have consulted with each other and have mutually agreed that your [District/Agency /Company] is a public water system that may provide water service to the Subdivision. We have also mutually agreed that the Subdivision is subject to the water supply verification requirements of the Subdivision Map Act.] Pursuant to Government Code section 66473.7(b)(1), [City or County] requests [District/Agency /Company] to submit a water supply verification for the Subdivision on or before which is within 90 days of the date of this request. Please contact me to confirm receipt of this request. Thank you for your cooperation in this matter. If you have any questions about this request, please contact me at your earliest convenience. WATER SUPPLY VERIFICATION REQUEST\2010 CITY OF ARCADIA 240 W. HUNTINGTON DRIVE ARCADIA, CA 91007 [Name] [Title] FORM "0" PLEDGE OF ALLEGIANCE ROLL CALL: OTHERS ATTENDING MINUTES ARCADIA PLANNING COMMISSION Tuesday, March 9, 2010, 7:00 P.M. Arcadia City Council Chambers The Planning Commission of the City of Arcadia met in regular session on Tuesday, March 9, 2010 at 7:00 p.m., in the Council Chambers of the City of Arcadia, at 240 W. Huntington Drive with Chairman PerriIle presiding. PRESENT: Commissioners Baderian, Baerg, Beranek, Hsu and PerriIle ABSENT: None Deputy Development Services Director /City Engineer, Phil Wray Community Development Administrator, Jim Kasama Assistant Planner, Tim Schwehr Senior Administrative Assistant, Billie Tone SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS None TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO ADDRESS THE PLANNING COMMISSION ON NON PUBLIC HEARING MATTERS Five minute time limit per person None PUBLIC HEARINGS 1. MODIFICATION APPLICATION NO. MC 10 -03 245 W. Walnut Avenue Jean Ni on behalf of the property owner, Jingming Luo Referred by Modification Committee on February 23, 2010 The applicant is requesting a Modification to permit a 796 square -foot attic that has been converted into a third -floor within the existing residence. Assistant Planner, Tim Schwehr, presented the staff report. Commissioner Beranek asked staff to explain why this request does not qualify as an unreasonable hardship. Mr. Schwehr explained that the hardship has to be based on a unique physical characteristic of the property that prevents the owners from enjoying the same rights and privileges as other property owners in this zone. Commissioner Hsu asked how many three story houses are in Arcadia and Mr. Schwehr said that there are none. Commissioner Baerg asked if the applicant was planning to add any bathrooms. Mr. Schwehr said that the applicant is planning to add two bathrooms and one was to be located on the third floor. However, during a routine inspection of the project, the City Building Inspector found the stairway and third floor living area and informed the applicant that he needed to apply for a Modification. Chairman Parrille noted that this case was reviewed by the Modification Committee and they found there to be outlets and lighting in the third floor and that there was evidence that it was being used as a living area. Mr. Schwehr pointed out that they also have heating and air conditioning there and the area is Carpeted. Commissioner Hsu asked if the third floor bathroom is permitted, would the project comply with city codes. Mr. Schwehr explained that, if approved, a condition would be attached requiring compliance with all city codes. The Public Hearing was opened. Chairman Parrille asked if anyone would like to speak in favor of this project. Mr. Low, the homeowner, and his associate, Ginny, said that they would like the stairway to remain. Commissioner Hsu asked Mr. Low if the stairway was there when he bought the house. Mr. Low said that the stairway was installed by the previous owner and it has been there for 20 years. He further noted that the stairway is needed to access the attic and that he has no plans to use the attic as a bedroom even though he applied for a permit to install a bathroom there. He plans to use the area as a loft and is willing to forgo the installation of a bathroom but wants the stairway to remain to allow safe access to the attic. Commissioner Parrille asked the applicant when the house was purchased and if the previous owner made any disclosure regarding the third floor. Ginny said it was purchased in October of 2009 and that Mr. Low was not informed that there was any problem with the stairway or attic. Commissioner Baderian asked if the applicant still wanted to install a bathroom on the third floor. Ginny said that they are willing to give up their plans for the bathroom but still want to keep the stairway and attic as they are. Commissioner Baderian asked if Mr. Low read the conditions of approval in the staff report and if he is in agreement with them. Ginny said that Mr. Low is not in agreement with the conditions because he would prefer to keep the staircase. The conditions state that at the completion of any future sale, the staircase must be removed but Mr. Low would prefer that it remain in place permanently. Chairman Parrille asked if anyone wanted to speak in opposition to this project. PC MINUTES 3-9-10 Page 2 MOTION: It was moved by Commissioner Baderian, seconded by Commissioner Beranek, to close the Public Hearing. Without objection the motion was approved. Chairman Parrille said that if the stairway is allowed to remain, the next buyer will also assume that the third floor is livable space and the issue will recur. Commissioner Baderian agreed and noted that Recommendation No. 2 requires restoral of the area to storage space and removal of the staircase. MOTION: It was moved by Commissioner Baderian, seconded by Chairman PerriIle to deny Modification Application No. MC 10 -03. Commissioner Beranek asked if a Covenant could be used to prevent any new owner from using the area as livable space. Mr. Schwehr said that a covenant had been discussed but the city attorney was not asked to prepare one. Commissioner Beranek wished to confirm that a yes vote supports denial of the application. Chairman Parrille said that he is correct. Commissioner Baerg asked if a third story on the building would violate zoning regulations. Mr. Kasama explained that the current height restriction is 30 feet or two stories but when this home was built the height restriction was 35 feet and two stories. The proposed Modification is to allow a height of 35 feet with three stories. ROLL CALL AYES: Baderian, Hsu and Parrille NOES: Baerg and Beranek There is a five working day appeal period after the Planning Coms is for denial and no is for allowmission decision. Appeals to the City Council are to be filed by 5 :30 p.m. on Wednesday, March 17, 2010. 2, REVOCATION OF CONDITIONAL USE PERMIT NO. CUP 09-09 (RESOLUTION NO. 1801) 510 -512 E. Live Oak Ave. (between Hempstead Ave. and Lenore Ave.) Michael Hsiao (designer) Cafe Fusion Consideration of revocation of a Conditional Use Permit granted on October 27, 2009, for a 960 square -foot expansion to an existing 2,040 square -foot restaurant. The status of the permit was reviewed by the Planning Commission on February 9, 2010. Assistant Planner, Tim Schwehr, presented the staff report. Chairman Parrille asked if the Commissioners had any questions for staff. PC MINUTES 3-9-10 Page 3 Commissioner Beranek asked if staff was recommending a continuance. Mr. Schwehr said a continuance should be considered only if the Commission is willing to consider other parking options or allow more time for the property owner to negotiate with his neighbors. Mr. Kasama explained that a continuance would be appropriate only if the applicant wishes to try to renegotiate with the owner of 600 E. Live Oak for parking or if the Commission wants to reconsider allowing parking across the street. He said any other arrangement would require a new Conditional Use Permit. However, if the condition cannot be met, there is no point in having the applicant invest more capital pursuing other improvements and the Commission may consider revocation of the Conditional Use Permit. Chairman Parrille asked if the restaurant can continue operating if the Conditional Use Permit is revoked. Mr. Kasama explained that the older part of the restaurant can continue to operate. Commissioner Hsu asked if staff had recently assessed the parking situation at Cafe Fusion. Mr. Kasama said that staff noticed that there has been less parking demand at the restaurant and that, overall, it appears that the business at all the restaurants in the area is down. The public hearing was opened. Chairman Parrille asked if anyone from Cafe Fusion would like to address the Commission. Mr. Chen, the applicant, said that he has been struggling to get the parking issues resolved for a long time. He spoke to the owner at 529, 610 and 6189 E. Live Oak and they are all willing to lease space to him on a monthly basis but they are reluctant to enter into a Covenant. He said he would like more time to pursue this option. Chairman Parrille asked if there was anyone else who would like to address the Commission on this item. None MOTION: It was moved by Commissioner Beranek, seconded by Commissioner Hsu, to close the Public Hearing. Without objection the motion was approved. Commissioner Baderian pointed out that the Commission has indicated any parking across the street would not be acceptable for safety reasons. Further, the applicant was unable to persuade the nearby property owners on the same side of the street, to enter into a Covenant that would allow him to use their parking lots. Therefore, Commissioner Baderian reasoned, there doesn't seem to be any altemative but to revoke the Conditional Use Permit based on the fact that parking for the current use of the facility is not adequate. PC MINUTES 3-9-10 Page 4 Commissioner Hsu noted that the owner tried to secure a Covenant but the other property owners had concerns about the consequences of this type of agreement. He suggested allowing the applicant more time to seek their cooperation. Chairman Parrille suggested a continuance to April 13, 2010. MOTION: It was moved by Commissioner Hsu, seconded by Commissioner Baerg to continue the consideration of the Revocation of Conditional Use Permit No. CUP 09 -09 (Resolution No. 1801) to April 27, 2010. Commissioner Baderian asked if a revocation would require all equipment to be removed. Mr. Kasama confirmed that the equipment would have to be removed. Commissioner Beranek pointed out that it's been almost a year since these issues surfaced and there has been no real progress towards resolving them. Chairman Parrille suggested amending the motion to state that no further continuance will be allowed after April 27, 2010. ROLL CALL: AYES: Commissioners Baerg, Hsu, and Parrille NOES: Beranek and Baderian A Resolution reflecting the decision of the Planning Commission will be presented for adoption at the next Commission meeting. There will be a five working day appeal period after the adoption of the Resolution. CONSENT ITEMS 3. RESOLUTION 1813 A Resolution of the Planning Commission of the City of Arcadia, Califomia, approving Conditional Use Permit No. CUP 10-01 to operate a tutoring center with up to 80 students within 4,313 square -feet of existing office space on the second -floor of the commercial shopping center at 1135 W. Huntington Drive. There is a five working -day appeal period after the adoption of the Resolution. 4. RESOLUTION 1814 A Resolution of the Planning Commission of the City of Arcadia, Califomia, approving Tentative Parcel Map No. TPM 09 -08 (71182) and the renewal of Residential- Mountainous Development Permit No. RM 07 -01 for the subdivision and development of an approximately 90 -acre property generally located north of the terminus of Vista Avenue and north and northwest of Canyon Road. PC MINUTES 3-9-10 Page 5 5. MINUTES OF FEBRUARY 23, 2010 MOTION: It was moved by Commissioner Baderian seconded by Commissioner Beranek, to adopt Resolution 1813 and Resolution 1814 and to approve the minutes of February 23, 2010 as presented. Without objection the motion was approved. ROLL CALL: AYES: Commissioners Baderian, Baerg, Beranek, Hsu, and Parrille NOES: None MATTERS FROM CITY COUNCIL AND PLANNING COMMISSION None MODIFICATION COMMITTEE MEETING ACTIONS Chairman Perrille reported that the Modification Committee approved Modification No. MC 10 -02 for a reduced side yard setback to accommodate air conditioning units under the condition that the applicant will use new, quieter units, encased in special blankets to reduce noise. MATTERS FROM STAFF ADJOURNED to April 27, 2010 7:40 p.m. ATTEST: Ms. Kasama briefly reviewed the upcoming projects for consideration by the Commission. Since there are no cases scheduled for March 23 and the City election will be held on April 13, he suggested adjouming the meeting to April 27, 2010. Secretary, Planning Commission Chairman, Planning Commission PC MINUTES 3 -9-10 Page 6