HomeMy WebLinkAbout12-12-23 Agenda PacketCITY OF ARCADIA
Arcadia Planning Commission
Regular Meeting Agenda
Tuesday, December 12, 2023, 7:00 p.m.
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CALL TO ORDER
ROLL CALL
Vincent Tsoi, Chair
Marilynne Wilander, Vice Chair
David Arvizu, Commissioner
Angela Hui, Commissioner
Domenico Tallerico, Commissioner
SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS
PUBLIC COMMENTS (5 minute time limit per person)
Each speaker is limited to five (5) minutes per person, unless waived by the Planning Commission.
Under the Brown Act, the Commission or Board Members are prohibited from discussing or taking
action on any item not listed on the posted agenda.
PUBLIC HEARING
All interested persons are invited to appear at a public hearing and to provide evidence or testimony
concerning any of the proposed items set forth below for consideration. Separate and apart from
the applicant (who may speak longer at the discretion of the Commission) speakers shall be limited
to five (5) minutes per person. The applicant may additionally submit rebuttal comments, at the
discretion of the Commission.
You are hereby advised that should you desire to legally challenge in court or in an administrative
proceeding any action taken by the City Council regarding any public hearing item, you may be
limited to raising only those issues and objections you or someone else raised at the public hearing
or in written correspondence delivered to the City Council at, or prior to, the public hearing.
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1.Resolution No. 2139 – Approving Multiple Family Architectural Design Review No. MFADR
22-07, Tentative Tract Map No. TTM 22-01 (84007), and Healthy Tree Removal Permit No.
TRH 22-04, for an eight-unit, contemporary style, multi-family residential condominium
developments and the removal of two protected Canary Pine Trees at 918 Arcadia Avenue
CEQA: Exempt
Recommendation: Adopt
Applicant: Eric Tsang
DIRECTOR’S ITEM
2. Report, discussion, and direction concerning Citywide Re-Zoning effort to implement the
Housing Element and submittal to the State Department of Housing and Community
Development.
CONSENT CALENDAR
All matters listed under the Consent Calendar are considered to be routine and can be acted on by
one roll call vote. There will be no separate discussion of these items unless members of the
Commission, staff, or the public request that specific items be removed from the Consent Calendar
for separate discussion and action.
1. Minutes of the November 14, 2023, Regular Meeting of the Planning Commission
Recommendation: Approve
2. Minutes of the November 28, 2023, Regular Meeting of the Planning Commission
Recommendation: Approve
MATTERS FROM CITY COUNCIL LIAISON
MATTERS FROM PLANNING COMMISSIONERS
MATTERS FROM ASSISTANT CITY ATTORNEY
MATTERS FROM STAFF INCLUDING UPCOMING AGENDA ITEMS
ADJOURNMENT
The Planning Commission will adjourn this meeting to Tuesday, January 9, 2023, at 7:00 p.m. The
December 26, 2023, meeting will be cancelled.
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Welcome to the Arcadia Planning Commission Meeting!
The Planning Commission encourages public participation and invites you to share your views on City
business.
MEETINGS: Regular Meetings of the Planning Commission are held on the second and fourth Tuesdays of
each month at 7:00 p.m. in the City Council Chambers. A full Planning Commission agenda packet with all
backup information is available at City Hall, the Arcadia Public Library, and on the City’s website at
www.ArcadiaCA.gov. Copies of individual Agenda Reports are available via email upon request
(Planning@ArcadiaCA.gov). Documents distributed to a majority of the Planning Commission after the posting
of this agenda will be available for review at the Planning Services Office in City Hall, 240 W. Huntington Drive,
Arcadia, California.
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AGENDA ITEMS: The Agenda contains the regular order of business of the Planning Commission. Items on
the Agenda have generally been reviewed and investigated by the City Staff in advance of the meeting so that
the Planning Commission can be fully informed about a matter before making its decision.
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Section 403 or applicable Arcadia Municipal Code section.
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(Arcadia Public Library) (www.ArcadiaCA.gov)
(Planning@ArcadiaCA.gov)
(City Hall, 240 W. Huntington Drive, Arcadia,
California)
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403
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DATE:December 12, 2023
TO:Honorable Chairman and Planning Commission
FROM: Lisa L. Flores, Deputy Development Services Director
Prepared By: Alison MacCarley, Assistant Planner
SUBJECT: RESOLUTION NO. 2139 - APPROVING MULTIPLE FAMILY
ARCHITECTURAL DESIGN REVIEW NO. MFADR 22-07, TENTATIVE
TRACT MAP NO. TTM 22-01 (84007), AND HEALTHY TREE REMOVAL
PERMIT NO. TRH 22-04, FOR AN EIGHT-UNIT, CONTEMPORARY
STYLE, MULTI-FAMILY RESIDENTIAL CONDOMINIUM DEVELOPMENT
AND THE REMOVAL OF TWO PROTECTED CANARY PINE TREES AT
918 ARCADIA AVENUE
CEQA: Exempt
Recommendation: Adopt
SUMMARY
The Applicant, Eric Tsang, on behalf of the property owner, 918 Arcadia LLC, is
requesting approval of Multiple Family Architectural Design Review No. MFADR 22-07,
Tentative Tract Map No. TTM 22-01 (84007), and Healthy Tree Removal Permit No. TRH
22-04 for an eight (8) unit, three-story, Contemporary style multi-family residential
condominium development, and the removal of two (2) protected Canary Pine Trees in
the rear and side yard areas at 918 Arcadia Avenue. The proposed development and
subdivision are consistent with the City’s General Plan, Development Code, and
Subdivision Map Act. It is recommended that the Planning Commission adopt Resolution
No. 2139 (refer to Attachment No. 1) and find that the Project is Categorically Exempt
under CEQA and approve Multiple Family Architectural Design Review No. MFADR 22-
07, Tentative Tract Map No. TTM 22-01 (84007), and Healthy Tree Removal Permit No.
TRH 22-04, subject to the conditions listed in this staff report.
BACKGROUND
The subject site is an 18,806 square foot interior lot located on the south side of Arcadia
Avenue, between Sunset Boulevard and South Golden West Avenue. The property is
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Resolution No. 2139 - MFADR 22-07, TTM 22-01 (84007) &TRH 22-4
918 Arcadia Avenue
December 12, 2023 – Page 2 of 15
zoned R-3, High Density Multiple Family Residential, with a General Plan Land Use
Designation of High Density Residential. The property is surrounded by other R-3 zoned
properties to the north, south, east, and west.
The lot is currently improved with two, single-story, detached residential structures, a
detached three car garage, and one detached accessory structure. The first unit is a
duplex built in 1954 (918 Arcadia Avenue) and the second unit in the rear is single family
residence unit that was built in 1947 (920 Arcadia Avenue)– refer to Attachment No. 2 for
an Aerial photo with Zoning Information and Photos of the Subject Properties and Figure
1.
Based on the evaluation by an Architectural Historian, the properties do not meet any of
the minimum requirements for designation as a historical resource under federal, state
and local criteria. The residences are not a good example of any particular architectural
style and are not representative of or associated with any important historical events or
people. The structures have not yet been demolished due to the City’s replacement policy
for residential projects, which requires approval of a new project prior to demolition of the
structures on site.
PROPOSAL
The Applicant is requesting to demolish all four structures on the properties and construct
eight (8) new condominium units that will be three-stories with garage parking at grade
level – refer to Attachment No. 3 for the Tentative Tract Map and Attachment No. 4 for
the proposed Architectural Plans. The proposed architectural style will be Contemporary.
Although there is no dominant architectural style in the area, the design would be
compatible with the existing multi-family developments in the neighborhood, as it
Figure 1 – Existing Residences at 918 Arcadia Avenue
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Resolution No. 2139 - MFADR 22-07, TTM 22-01 (84007) &TRH 22-4
918 Arcadia Avenue
December 12, 2023 – Page 3 of 15
incorporates elements seen on nearby homes such as neutral toned stucco, tile roofing,
clean lines, and decorative siding (see Figure 2).
Unit A will consist of 1,842 square feet in floor area and contain four (4) bedrooms per unit.
All other units will be identical and will consist of 1,842 square feet in floor area and contain
four (4) bedrooms per unit. Each of the units will have pedestrian access off of Arcadia
Avenue through a walkway on the east side of the property.
Each of the units will have a 20’ x 23’ two-car garage that will be accessed from the shared
driveway. Each of the garages will meet the required 25’-0” backout space. The site will
also comply with the minimum guest parking spaces of four (4) parking spaces, and a bike
rack for two (2) spaces will be located on the south side of the property adjacent to the
trash enclosure and guest parking.
Figure 3 – Site Plan
Figure 2 – 918 Arcadia Avenue Rendering
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Resolution No. 2139 - MFADR 22-07, TTM 22-01 (84007) &TRH 22-4
918 Arcadia Avenue
December 12, 2023 – Page 4 of 15
The proposed development will have an overall building height of 33’, which is the
maximum allowed height for a building with a pitched roof. The development complies with
all the minimum setback requirements. Additionally, the Project will provide the minimum
required open space through shared common open space areas along the south side of
the property and southeast rear corner.
The project includes the removal of a total of twenty-three mature trees on the property,
twenty-one of which are not protected under the City’s Tree Preservation Ordinance. These
trees consist of six (6) Liquidambar trees, two (2) fruit trees, four (4) Henkels Yellowwood,
four (4) Chinese Banyan, one (1) Sago Palm, and three (3) Canary Island Pine trees.
Liquidambar trees, Ficus trees, and fruit trees are classified as Unprotected Trees under
the City’s Tree Preservation Ordinance. In addition, trees that have a trunk diameter of
twelve (12) inches or less or have two (2) or more trunks measuring ten (10) inches or less
or are located outside of a required setback are also not protected. All twenty-three of these
trees are located within areas that must be excavated and compacted to construct a
building pad or to install pavement for open space areas and the driveway. The trees would
not survive the construction of the project.
The project also includes the removal of two (2) protected trees. The protected trees
proposed for removal are both Canary Island Pines trees with a trunk diameter of 17 and
20 inches, located within the required side yard setback, as discussed later in this staff
report.
ANALYSIS
The R-3 zone requires a minimum density of one dwelling unit per 2,200 square feet of lot
area, and a maximum density of one unit per 1,450 square feet of lot area. This calculates
to a minimum density of eight (8) units and a maximum of twelve (12) units for the subject
site; therefore, the proposed eight (8) unit development complies with the minimum density
requirements of the underlying R-3 zone. The project complies with the development
standards of the R-3 zone, including, but not limited to setbacks, height, and open space.
Also, the proposed project complies with the minimum parking requirements for each of
the units, guest parking, and bicycles spaces.
Concurrent with the subdivision application, the Planning Commission must approve,
conditionally approve, or deny the architectural design of the proposed project. The project
is designed in a Contemporary architectural style – refer to Attachment No. 4 and Figure
4. The exterior walls of the building are proposed to be finished with an off-white stucco,
wood siding, and gray board and batten siding to accent some exterior walls as well as
charcoal colored roofing tiles. The proposed Contemporary style development would be
compatible to other existing multi-family developments along Arcadia Boulevard and in the
vicinity despite there being no dominant architectural style in the area, as the elements
incorporated in this design, such as the neutral tone stucco with complimentary siding,
pitched roof, clean lines, and articulation between the different stories. All of these
elements help the project blend in with developments in the vicinity that have similar
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Resolution No. 2139 - MFADR 22-07, TTM 22-01 (84007) &TRH 22-4
918 Arcadia Avenue
December 12, 2023 – Page 5 of 15
features. The project will also provide adequate landscaping throughout the property to
enhance the design.
The massing and scale of this project will be compatible with the other multi-family
developments found within this immediate neighborhood. The height of the new
development will not be out of character with the existing developments on Arcadia Avenue
and other multi-family developments with similar lot sizes in the vicinity. The proposed
project will be compatible with the other multi-family developments within the vicinity even
with the two-story developments that have building heights at approximately 30’-0” as well
other multi-family developments that are three stories in height. Additionally, there will be
landscaping that would provide a buffer between the subject property and surrounding
multi-family developments and a minimum of 10 feet setback from all the adjacent
properties The landscape buffers will include tall hedges to provide screening in the rear
and additional landscaping shrubs on the sides to the adjacent properties on the sides.
Figure 4 - Elevations
Rear and side
Street and Driveway Elevations
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Resolution No. 2139 - MFADR 22-07, TTM 22-01 (84007) &TRH 22-4
918 Arcadia Avenue
December 12, 2023 – Page 6 of 15
Therefore, the proposed development and subdivision of condominiums would be
consistent with the City’s General Plan, Multiple-Family Residential Design Guidelines, the
Development Code, the State Subdivision Map Act, and would not violate any requirements
of the California Regional Water Quality Control Board.
Tree Removal
The applicant is requesting to remove a total of twenty-three trees, two (2) of which are
protected trees, in order to accommodate the project – both are Canary Pine Trees, (circled
in red in Figure 5). Both trees have a single trunk diameter greater than 12 inches and are
in the side yard setback area, as noted in the Arborist Report- refer to Attachment 6 for the
Arborist Report. The two trees are in good health and have trunk diameters measuring 17
and 20 inches. Each tree is located within the area of excavation and construction of
building pads for the last two units. The trees would not survive the construction phase and
the trees will suffer severe root damage and loss from the excavation. As part of the
mitigation and the City’s tree replacement policy, the Applicant is required to plant four (4)
new trees.
In this case, there is sufficient justification for the removal of the two trees. As a remedial
measure, the project will be subject to Condition No. 4, which requires that four (4) 36-
inch box replacement trees be planted as part of the project. The Applicant is proposing to
plant a total of seven (7) trees consisting of Bay Laurel trees and Silver Dollar Gum trees.
Two of the trees will be planted along the front yard, three trees along the side in the
proposed open spaces area and two will be planted in the rear yard - refer to Attachment
No. 5 for the architectural plans which includes a landscape plan.
FINDINGS
Tentative Tract Map
The proposal to subdivide the airspace for eight (8) residential condominium units requires
a subdivision through the Tentative tract map process – see Attachment No. 3 for Tentative
Figure 4 – Protected Tree Removal Locations
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Resolution No. 2139 - MFADR 22-07, TTM 22-01 (84007) &TRH 22-4
918 Arcadia Avenue
December 12, 2023 – Page 7 of 15
Tract Map No. TTM 22-01 (84007). The proposed subdivision complies with the subdivision
regulations of the Arcadia Municipal Code and the Subdivision Map Act and would not
violate any requirements of the California Regional Water Quality Control Board. The
following findings are required for approval of a Tentative tract map:
A. The proposed map, subdivision design, and improvements are consistent
with the General Plan, any applicable specific plan, and the Subdivisions
Division of the Development Code.
Facts in Support of the Finding: The proposed tentative tract map for an eight (8)
unit multi-family residential condominium development and subdivision of the
airspace has been reviewed for compliance with the City’s General Plan,
Development Code, and the State’s Subdivision Map Act. It has been determined
that the proposed subdivision is consistent with the General Plan High Density
Residential Land Use designation and the R-3, High Density Multiple Family
Residential zoning designation. These designations are intended to accommodate
high density, attached or detached residential units such as condominiums, within
the appropriate neighborhoods. The proposed tentative tract map complies with the
Subdivision Map Act regulations, and there is no specific plan applicable to this
Project. The site is physically suitable for this type of development, and the approval
of the architectural design for the development is compatible with the scale and
character of the existing neighborhood. The Project would not adversely affect the
comprehensive General Plan and is consistent with the following General Plan goals
and policies:
Land Use and Community Design Element
Policy LU-1.1: Promote new infill and redevelopment projects that are
consistent with the City’s land use and compatible with surrounding existing
uses.
Policy LU-4.1: Require that new multi-family residential development be
visually and functionally integrated and consistent in scale, mass, and
character with structures in the surrounding neighborhood.
Policy LU-4.2: Encourage residential development that enhances the visual
character, quality, and uniqueness of the City’s neighborhoods and districts.
B. The site is physically suitable for the type and proposed density of
development.
Facts in Support of the Finding: The R-3 Zone requires a minimum density of one
dwelling unit per 2,200 square feet of lot area, and a maximum density of one unit
per 1,450 square feet of lot area. Based on the new lot area of 18,806 square feet,
a minimum of eight (8) units and a maximum of twelve (12) units can be developed
at this site. Therefore, the proposed eight (8) unit development complies with the
density requirements of the underlying zone, as well as all other applicable zoning
requirements including but not limited to parking, setbacks, height, and open space.
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918 Arcadia Avenue
December 12, 2023 – Page 8 of 15
The site is physically suitable for the proposed eight (8) unit multi-family residential
development.
C. The design of the subdivision and the proposed improvements are not likely
to cause substantial environmental damage or substantially and avoidably
injure fish or wildlife or their habitat.
Facts in Support of the Finding: The proposed tentative tract map for eight (8)
multi-family residential units is a subdivision of an infill site within an urbanized area
and does not serve as a habitat for endangered or rare species. The Project would
not cause substantial environmental damage or impact wildlife.
D. The design of the subdivision or type of improvements is not likely to cause
serious public health or safety problems.
Facts in Support of the Finding: The proposed subdivision is to subdivide the
airspace of eight (8) units for condominium purposes. The construction would be in
compliance with all applicable Building and Fire Codes to ensure public health and
safety. The proposed density would be below the maximum allowed by the R-3
Zone, and the City’s existing infrastructure would adequately serve the new
development. Therefore, the Project would not cause any public health or safety
problems.
E. The design of the subdivision or the type of improvements will not conflict
with easements acquired by the public at large for access through or use of,
property within the proposed subdivision (This finding shall apply only to
easements of record or to easements established by judgement of a court of
competent jurisdiction and no authority is hereby granted to a legislative body
to determine that the public at large has acquired easements for access
through or use of property within the proposed subdivision).
Facts in Support of the Finding: There is an existing five-foot wide easement for
utility purposes by SoCal Edison on the south end of the property. There is also a
five (5) foot easement at the rear of the property which will allow the encroachment
of the adjacent property’s carport onto the subject property. The proposed design of
the subdivision does not conflict with the existing easement, as acquired by the
public at large for access through or use of property within the proposed subdivision.
F. The discharge of sewage from the proposed subdivision into the community
sewer system would not result in violation of existing requirements specified
by the California Regional Water Quality Control Board.
Facts in Support of the Finding: The Arcadia Public Works Services Department
determined that the City’s existing infrastructure would adequately serve the new
development, and the requirements of the California Regional Water Quality Control
Board would be satisfied.
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918 Arcadia Avenue
December 12, 2023 – Page 9 of 15
G. The proposed design and site improvements of the subdivision conform to
the regulations of the City’s Development Code and the regulations of any
public agency having jurisdiction by law.
Facts in Support of the Finding: The proposed design of the multi-family
development is in conformance with the City’s Development Code, as all
development standards are being met, and all of the improvements required for the
site and each unit would comply with the regulations in the City’s Development
Code.
Architectural Design Review
The proposed development is located within the High Density Residential (R-3) Zone,
which is intended to provide a variety of medium to high density residential developments.
The proposed design of the eight (8) unit condominium project is compatible with existing
multi-family developments in the surrounding neighborhood in terms of design, massing,
and scale. The proposed Contemporary architectural style would be compatible with other
existing multi-family developments along Arcadia Avenue as the neighborhood is eclectic
with no dominant architectural style. The architectural elements incorporated in this design,
such as neutral toned stucco, tile roofing, wood siding, and baton vertical siding, are
consistent with developments in the vicinity that have similar features. Additionally, the
massing and scale of the new development will not be out of character with developments
in the vicinity as many of the existing multi-family developments, despite being two-stories,
are around 30’-0” in height. In addition, there are other three-story multi-family
developments on this block. The proposed buildings have articulation on all facades,
providing visual interest and reducing massing. The proposed design is therefore
consistent with the City’s Multi-family Residential Design Guidelines.
All City requirements regarding disabled access and facilities, occupancy limits, building
safety, health code compliance, emergency equipment, environmental regulation
compliance, and parking and site design shall be complied with by the property
owner/Applicant to the satisfaction of the Building Official, City Engineer, Deputy
Development Services Director, Fire Marshal, and Public Works Services Director, or their
respective designees.
ENVIRONMENTAL ASSESSMENT
It has been determined that the project site is less than five (5) acres; the project site has
no value as a habitat for endangered, rare or threatened species; the proposed project
would not have any significant effects upon the environment, and the site can be
adequately served by all the required utilities and public services. Therefore, the project is
exempt under Class 32 (In-Fill Development Projects) pursuant to Section 15332 of the
State California Environmental Quality Act (CEQA) Guidelines. Refer to Attachment No. 5
for the Preliminary Exemption Assessment.
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918 Arcadia Avenue
December 12, 2023 – Page 10 of 15
PUBLIC NOTICE/COMMENTS
A public hearing notice for this item was posted at the City Clerk’s Office, City Council
Chambers, at the Arcadia Library, and on the City’s website on November 16, 2023. It was
also mailed to the property owners located within 300 feet of the subject property. As of
Novemebr 28, 2023, no comments were received regarding this project.
RECOMMENDATION
It is recommended that the Planning Commission approve Multiple Family Architectural
Design Review No. MFADR 22-07, Tentative Tract Map No. TTM 22-01 (84007), and
Protected Healthy Tree Removal Permit No. TRH 22-04, subject to the following conditions,
find that the project is Categorically Exempt from the California Environmental Quality Act
(CEQA), and adopt Resolution No. 2139, subject to the following conditions of approval:
1. The project shall be developed and maintained by the Applicant/Property Owner in a
manner that is consistent with the plans submitted and conditionally approved for
MFADR 22-07, TTM 22-01 (84007), and TRH 22-04, subject to the approval of the
Deputy Development Services Director, or designee.
2. Any required mechanical equipment, such as backflow devices, visible from the public
right-of-way shall be screened from public view. Screening may include landscaping,
solid walls or other methods deemed appropriate for the development. The placement
and height of said screening shall be subject to review and approval by the Deputy
Development Services Director, or designee.
3. All windows shall be recessed a minimum of two (2) inches from the building wall. A
construction detail indicating the 2-inch recess shall be included on the plans
submitted to the Building Division for plan check.
4. A total of four (4) 36-inch box trees shall be planted on the subject property as
replacement trees, and all four (4) trees shall be planted within the side yard and/or
front yard area, as recommended by the Certified Arborist. The trees shall be shown
on the final landscape plan that is submitted to Building Services for plan check,
subject to review by the Deputy Development Services Director, or designee, to
ensure compliance with this condition.
5. The project shall comply with the latest adopted edition of the following codes as
applicable:
a) California Building Code
b) California Electrical Code
c) California Mechanical Code
d) California Plumbing Code
e) California Energy Code
f) California Fire Code
g) California Green Building Standards Code
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December 12, 2023 – Page 11 of 15
h) California Existing Building Code
i) Arcadia Municipal Code
6. The project shall comply with Chapter 35A Multiple Family Construction Standards as
amended in the Arcadia Municipal Code Section 8130.20.
7. All utility conductors, cables, conduits and wiring supplying electrical, cable and
telephone service to a multiple family building shall be installed underground except
risers which are adjacent to and attached to a building. Coordinate with
telecommunications service provider to confirm that utility pull box can be located
within the proposed driveway approach and verify the location of the proposed
relocation of (2) on-site power poles.
8. A grading plan shall be prepared by a registered civil engineer and approved by the
City prior to issuance of a building permit. The grading plans shall indicate all on- and
off-site improvements and shall indicate complete drainage paths of all drainage water
run-off.
9. A demolition permit shall be obtained from Building Services prior to the removal
and/or demolition of the structures on site.
10. Prior to approval of the Tract Map, the Applicant/Property Owner shall:
a. Coordinate with City Engineer on red curb painting after the construction of
new curb and new driveway approach
b. Remove and replace existing sidewalk, curb and gutter along the property
frontage of Arcadia Avenue.
c. Remove existing driveway approaches and construct new approaches per
City Standard 801-1 with ADA access around approach.
11. The Applicant/Property owner shall submit a Low Impact Development (LID) plan for
this project, and it shall comply with the Los Angeles County Department of Public
Works 2014 LID standard Manual and show the selected measures on the grading
plan. These selected measures include, but are not limited to using infiltration
trenches, bio-retention planter boxes, roof drains connected to a landscaped area,
pervious concrete/paver, etc.
12. Prior to receiving a Certificate of Occupancy, the Applicant/Property Owner shall
repair any damages caused by the development to the asphalt street frontages from
property line to property line including but not limited to trench cuts and construction
traffic, as determined by the City Engineer and Streets Superintendent.
13. There is an 8-inch cast iron water main with 93 psi static pressure that the
development shall connect to on Arcadia Avenue. for domestic water and/or fire
services. The Applicant/Property Owner shall provide calculations to the Public Works
Services Department to determine the total combined maximum domestic and fire
15
Resolution No. 2139 - MFADR 22-07, TTM 22-01 (84007) &TRH 22-4
918 Arcadia Avenue
December 12, 2023 – Page 12 of 15
demand and verify the water service size required prior to issuance of a Building
Permit.
14. The Applicant/Property Owner shall install a common master water meter for the
residential multi-family development. The water meter for each unit can be used to
supply both domestic water services and fire services. The Applicant/Property Owner
shall separate the fire service from domestic water service with an approved back flow
device.
15. A separate water service and meter shall be required for common area landscape
irrigation. A reduced pressure backflow device shall be installed.
16. Fire protection requirements shall be as stipulated by the Arcadia Fire Department
and shall be conformed to Arcadia Standard Plan. A separate fire service with Double
Check Detector Assembly (DCDA) shall be installed for fire service if required.
17. A Water Meter Permit Application shall be submitted to the Public Works Services
Department prior to issuance of a building permit for the new development.
18. New water service installations shall be by the Applicant/Property Owner. Installation
shall be according to the specifications of the Public Works Services Department,
Engineering Section. Abandonment of existing water services, if necessary, shall be
by the Applicant/Property Owner, according to Public Works Services Department.
19. An 8” Vitrified Clay Pipe (VCP) sewer line is available on Arcadia Avenue to provide
sanitary sewer service for the project. The Applicant/Property Owner shall utilize the
existing sewer lateral, if possible. If they are any changes to the existing sewer lateral,
the Applicant/Property Owner shall obtain approval from the Los Angeles County
Sanitation District to connect to the exiting sewer main prior to commencing work
any work, and an encroachment permit from City of Arcadia.
20. If any drainage fixture elevation is lower than the elevation of next upstream manhole
cover (510.94’), an approved type of backwater valve is required to be installed on
the lateral at the right-of- way and it shall be reviewed and approved by the Public
Works Department prior to issuance of a building permit.
21. The Applicant/Property Owner shall remove the two (2) existing Camphor tree in the
parkway and plant two (2) 36" box Camphor trees with a permit from the Public
Works Department prior to the issuance of a Certificate of Occupancy. The location
of the new street trees is to be determined by the Public Works Inspector.
22. All structures shall be provided with an automatic fire sprinkler system per the City
of Arcadia Fire Department Single & Multi-Family Dwelling Sprinkler Standard.
23. The pedestrian and vehicle entry gate shall be openable without a key or special
knowledge. A knox box shall be provided adjacent to one of the gates.
16
Resolution No. 2139 - MFADR 22-07, TTM 22-01 (84007) &TRH 22-4
918 Arcadia Avenue
December 12, 2023 – Page 13 of 15
24. The Applicant/Property Owner shall comply with all City requirements regarding
building safety, fire prevention, detection, suppression, emergency access, public
right-of-way improvements, parking, water supply and water facilities, sewer
facilities, trash reduction and recycling requirements, and National Pollutant
Discharge Elimination System (NPDES) measures to the satisfaction of the Building
Official, Fire Marshal, Public Works Services Director, and Deputy Development
Services Director, or their respective designees. Compliance with these
requirements is to be determined by having fully detailed construction plans
submitted for plan check review and approval by the foregoing City officials and
employees.
25. To the maximum extent permitted by law, Applicant must defend, indemnify, and
hold the City, any departments, agencies, divisions, boards, and/or commissions of
the City, and its elected officials, officers, contractors serving as City officials,
agents, employees, and attorneys of the City (“Indemnitees”) harmless from liability
for damages and/or claims, actions, or proceedings for damages for personal
injuries, including death, and claims for property damage, and with respect to all
other actions and liabilities for damages caused or alleged to have been caused by
reason of the Applicant’s activities in connection with MFADR 22-07, TTM 22-01
(84007), and TRH 22-04 (“Project”) on the Project site, and which may arise from
the direct or indirect operations of the Applicant or those of the Applicant’s
contractors, agents, tenants, employees or any other persons acting on Applicant’s
behalf, which relate to the development and/or construction of the Project. This
indemnity provision applies to all damages and claims, actions, or proceedings for
damages, as described above, regardless of whether the City prepared, supplied, or
approved the plans, specifications, or other documents for the Project.
In the event of any legal action challenging the validity, applicability, or interpretation
of any provision of this approval, or any other supporting document relating to the
Project, the City will notify the Applicant of the claim, action, or proceedings and will
cooperate in the defense of the matter. The Applicant must indemnify, defend and
hold harmless the Indemnitees, and each of them, with respect to all liability, costs
and expenses incurred by, and/or awarded against, the City or any of the Indemnitees
in relation to such action. Within 15 days’ notice from the City of any such action, the
Applicant shall provide to the City a cash deposit to cover legal fees, costs, and
expenses incurred by City in connection with defense of any legal action in an initial
amount to be reasonably determined by the City Attorney. The City may draw funds
from the deposit for such fees, costs, and expenses. Within 5 business days of each
and every notice from City that the deposit has fallen below the initial amount,
Applicant/Property Owner shall replenish the deposit each and every time in order for
City’s legal team to continue working on the matter. The City shall only refund to the
Applicant/Property Owner any unexpended funds from the deposit within 30 days of:
(i) a final, non-appealable decision by a court of competent jurisdiction resolving the
legal action; or (ii) full and complete settlement of legal action. The City shall have the
right to select legal counsel of its choice. The parties hereby agree to cooperate in
17
Resolution No. 2139 - MFADR 22-07, TTM 22-01 (84007) &TRH 22-4
918 Arcadia Avenue
December 12, 2023 – Page 14 of 15
defending such action. The City will not voluntarily assist in any such third-party
challenge(s). In consideration for approval of the Project, this condition shall remain
in effect if the entitlement(s) related to this Project is rescinded or revoked, at the
request of the Applicant or not.
26. Approval of Multiple Family Architectural Design Review No. MFADR 22-07, Tentative
Tract Map No. TTM 22-01 (84007), and Healthy Tree Removal No. TRH 22-04 shall
not be in effect unless the Property Owner and Applicant have executed and filed the
Acceptance Form with the City on or before 30 calendar days after the Planning
Commission has adopted the Resolution. The executed Acceptance Form submitted
to the Development Services Department is to indicate awareness and acceptance of
the conditions of approval.
PLANNING COMMISSION ACTION
Approval
If the Planning Commission intends to approve this Project, the Commission should move
to approve Multiple Family Architectural Design Review No. MFADR 22-07, Tentative Tract
Map No. TTM 22-01 (84007), and Healthy Tree Removal Permit No. TRH 22-04 and state
that the proposal satisfies the requisite findings, and adopt the attached Resolution No.
2139 that incorporates the requisite environmental and subdivision findings, and the
conditions of approval as presented in this staff report, or as modified by the Commission.
Denial
If the Planning Commission is to deny this Project, the Commission should state the
specific findings that the proposal does not satisfy based on the evidence presented with
specific reasons for denial, and move to deny Multiple Family Architectural Design Review
No. MFADR 22-07, Tentative Tract Map No. TTM 22-01 (84007), and Healthy Tree
Removal Permit No. TRH 22-04 and direct staff to prepare a resolution for adoption at the
next meeting that incorporates the Commission’s decision and specific findings.
If any Planning Commissioner, or other interested party has any questions or comments
regarding this matter prior to the December 12, 2023, Planning Commission Meeting,
please contact Assistant Planner, Alison MacCarley, at (626) 547-5447, or
amaccarley@ArcadiaCA.gov.
Approved:
Lisa L. Flores
Deputy Development Services Director
18
Resolution No. 2139 - MFADR 22-07, TTM 22-01 (84007) &TRH 22-4
918 Arcadia Avenue
December 12, 2023 – Page 15 of 15
Attachment No. 1: Resolution No. 2139
Attachment No. 2: Aerial Photo with Zoning Information and Photos of the Subject
Property and Vicinity
Attachment No. 3: Tentative Tract Map No. TTM 22-01 (84007)
Attachment No. 4: Architectural Plans
Attachment No. 5: Arborist Reported Dated November 4, 2023
Attachment No. 6: Preliminary Exemption Assessment
19
Attachment No. 1
Attachment No. 1
Resolution No. 2139
20
RESOLUTION NO. 2139
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARCADIA, CALIFORNIA, APPROVING MULTIPLE FAMILY
ARCHITECTURAL DESIGN REVIEW NO. MFADR 22-07, TENTATIVE
TRACT MAP NO. TTM 22-01 (84007), AND HEALTHY TREE
REMOVAL PERMIT NO. TRH 22-04, FOR AN EIGHT-UNIT,
CONTEMPORARY STYLE, MULTI-FAMILY RESIDENTIAL
CONDOMINIUM DEVELOPMENT AND THE REMOVAL OF TWO
PROTECTED CANARY PINE TREES AT 918 ARCADIA AVENUE
WHEREAS, on September 1, 2022, applications for Multiple Family Architectural
Design Review No. MFADR 22-07, Tentative Tract Map No. TTM 22-01 (84007), and
Healthy Tree Removal Permit No. TRH 22-04 were filed by Eric Tsang on behalf of the
property owner, 918 Arcadia LLC, for four (4) detached three-story, buildings with two (2)
units each for a total of eight (8) units, Contemporary style multi-family residential
condominium development, a tentative tract map subdivision, and the removal of two (2)
protected Canary Pine Trees in the rear and side yard areas at 918 Arcadia Avenue
(collectively, “Project”); and
WHEREAS, on November 6, 2023, Planning Services completed an
environmental assessment for the Project in accordance with the California
Environmental Quality Act (“CEQA”), and recommends that the Planning Commission
determine the Project is exempt under CEQA per Section 15332 of the CEQA Guidelines
because the Project is considered an in-fill development project; and
WHEREAS, on December 12, 2023, a duly-noticed public hearing was held before
the Planning Commission on said Project, at which time all interested persons were given
full opportunity to be heard and to present evidence.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
ARCADIA HEREBY RESOLVES AS FOLLOWS:
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SECTION 1. The factual data submitted by the Community Development Division
in the staff report dated December 12, 2023, are true and correct.
SECTION 2. This Commission finds, based upon the entire record:
A. The proposed map, subdivision design, and improvements are consistent with
the General Plan, any applicable specific plan, and the Subdivisions Division of the
Development Code:
FACT: The proposed tentative tract map for an eight (8) unit multi-family
residential condominium development and subdivision of the airspace has been reviewed
for compliance with the City’s General Plan, Development Code, and the State’s
Subdivision Map Act. It has been determined that the proposed subdivision is consistent
with the General Plan High Density Residential Land Use designation and the R-3, High
Density Multiple Family Residential zoning designation. These designations are intended
to accommodate high density, attached or detached residential units such as
condominiums, within the appropriate neighborhoods. The proposed tentative tract map
complies with the Subdivision Map Act regulations, and there is no specific plan
applicable to this Project. The site is physically suitable for this type of development, and
the approval of the architectural design for the development is compatible with the scale
and character of the existing neighborhood. The Project would not adversely affect the
comprehensive General Plan and is consistent with the following General Plan goals and
policies:
Land Use and Community Design Element
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Policy LU-1.1: Promote new infill and redevelopment projects that are
consistent with the City’s land use and compatible with surrounding existing
uses.
Policy LU-4.1: Require that new multi-family residential development be
visually and functionally integrated and consistent in scale, mass, and
character with structures in the surrounding neighborhood.
Policy LU-4.2: Encourage residential development that enhances the visual
character, quality, and uniqueness of the City’s neighborhoods and districts.
B. The site is physically suitable for the type and proposed density of
development:
FACT: The R-3 Zone requires a minimum density of one dwelling unit per 2,200
square feet of lot area, and a maximum density of one unit per 1,450 square feet of lot
area. Based on the new lot area of 18,806 square feet, a minimum of eight (8) units and
a maximum of twelve (12) units can be developed at this site. Therefore, the proposed
eight (8) unit development complies with the density requirements of the underlying zone,
as well as all other applicable zoning requirements including but not limited to parking,
setbacks, height, and open space. The site is physically suitable for the proposed eight
(8) unit multi-family residential development.
C. The design of the subdivision and the proposed improvements are not likely to
cause substantial environmental damage or substantially and avoidably injure fish or
wildlife or their habitat:
FACT: The proposed tentative tract map for eight (8) multi-family residential units
is a subdivision of an infill site within an urbanized area and does not serve as a habitat
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for endangered or rare species. The Project would not cause substantial environmental
damage or impact wildlife.
D. The design of the subdivision or type of improvements is not likely to cause
serious public health or safety problems:
FACT: The proposed subdivision is to subdivide the airspace of eight (8) units for
condominium purposes. The construction would be in compliance with all applicable
Building and Fire Codes to ensure public health and safety. The proposed density would
be below the maximum allowed by the R-3 Zone, and the City’s existing infrastructure
would adequately serve the new development. Therefore, the Project would not cause
any public health or safety problems.
E. The design of the subdivision or the type of improvements will not conflict with
easements acquired by the public at large for access through or use of, property within
the proposed subdivision (This finding shall apply only to easements of record or to
easements established by judgement of a court of competent jurisdiction and no authority
is hereby granted to the review authority to determine that the public at large has acquired
easements for access through or use of property within the proposed subdivision):
FACT: There is an existing five-foot wide easement for utility purposes by SoCal
Edison on the south end of the property. There is also a five (5) foot easement at the rear
of the property which will allow the encroachment of the adjacent property’s carport onto
the subject property. The proposed design of the subdivision does not conflict with the
existing easement, as acquired by the public at large for access through or use of property
within the proposed subdivision.
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5
F. The discharge of sewage from the proposed subdivision into the community
sewer system will not result in violation of existing requirements specified by the California
Regional Water Quality Control Board:
FACT: The Arcadia Public Works Services Department determined that the City’s
existing infrastructure would adequately serve the new development, and the
requirements of the California Regional Water Quality Control Board would be satisfied.
G. The proposed design and site improvements of the subdivision conform to the
regulations of the City’s Development Code and the regulations of any public agency
having jurisdiction by law:
FACT: The proposed design of the multi-family development is in conformance
with the City’s Development Code, as all development standards are being met, and all
of the improvements required for the site and each unit would comply with the regulations
in the City’s Development Code.
H. The proposal is consistent with the City’s Multifamily Residential Design
Guidelines:
FACT: The proposed development is located within the High Density Residential
(R-3) Zone, which is intended to provide a variety of medium to high density residential
developments. The proposed design of the eight (8) unit condominium project is
compatible with existing multi-family developments in the surrounding neighborhood in
terms of design, massing, and scale. The proposed Contemporary architectural style
would be compatible with other existing multi-family developments along Arcadia Avenue
as the neighborhood is eclectic with no dominant architectural style. The architectural
elements incorporated in this design, such as neutral toned stucco, tile roofing, wood
25
6
siding, and baton siding, are consistent with developments in the vicinity that have similar
features. Additionally, the massing and scale of the new development will not be out of
character with developments in the vicinity as many of the existing multi-family
developments, despite being two-stories, are around 30’ 0” in height. In addition, there
are other three-story multi-family developments on this block. The proposed buildings
have articulation on all facades, providing visual interest and reducing massing. The
proposed design is therefore consistent with the City’s Multi-family Residential Design
Guidelines.
SECTION 3. Pursuant to the provisions of the California Environmental Quality
Act (“CEQA”), this Project is a Class 32 Categorical Exemption as an infill-development
project per Section 15332 of the CEQA Guidelines.
SECTION 4. For the foregoing reasons the Planning Commission determines
that the Project is Categorically Exempt under the California Environmental Quality Act
(“CEQA”) Section 15332, Class 32, and approves Multiple Family Architectural Design
Review No. MFADR 22-07, Tentative Tract Map No. TTM 22-01 (84007), and Healthy
Tree Removal Permit No. TRH 22-04 for an eight (8) unit, three-story, Contemporary style
multi-family residential condominium development, and the removal of two (2) protected
Canary Pine Trees at 918 Arcadia Avenue, subject to the conditions of approval attached
hereto.
SECTION 5. The Secretary shall certify to the adoption of this Resolution.
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Passed, approved and adopted this 12th day of December, 2023.
Vincent Tsoi
Chair, Planning Commission
ATTEST:
Lisa L. Flores
Secretary
APPROVED AS TO FORM:
Michael J. Maurer
City Attorney
27
8
Page Intentionally Left Blank
28
9
RESOLUTION NO. 2139
Conditions of Approval
1. The project shall be developed and maintained by the Applicant/Property Owner in
a manner that is consistent with the plans submitted and conditionally approved for
MFADR 22-07, TTM 22-01 (84007), and TRH 22-04, subject to the approval of the
Deputy Development Services Director, or designee.
2. Any required mechanical equipment, such as backflow devices, visible from the
public right-of-way shall be screened from public view. Screening may include
landscaping, solid walls or other methods deemed appropriate for the development.
The placement and height of said screening shall be subject to review and approval
by the Deputy Development Services Director, or designee.
3. All windows shall be recessed a minimum of two (2) inches from the building wall. A
construction detail indicating the 2-inch recess shall be included on the plans
submitted to the Building Division for plan check.
4. A total of four (4) 36-inch box trees shall be planted on the subject property as
replacement trees, and all four (4) trees shall be planted within the side yard and/or
front yard area, as recommended by the Certified Arborist. The trees shall be shown
on the final landscape plan that is submitted to Building Services for plan check,
subject to review by the Deputy Development Services Director, or designee, to
ensure compliance with this condition.
5. The project shall comply with the latest adopted edition of the following codes as
applicable:
a) California Building Code
b) California Electrical Code
c) California Mechanical Code
d) California Plumbing Code
e) California Energy Code
f) California Fire Code
g) California Green Building Standards Code
h) California Existing Building Code
i) Arcadia Municipal Code
6. The project shall comply with Chapter 35A Multiple Family Construction Standards
as amended in the Arcadia Municipal Code Section 8130.20.
7. All utility conductors, cables, conduits and wiring supplying electrical, cable and
telephone service to a multiple family building shall be installed underground except
risers which are adjacent to and attached to a building. Coordinate with
telecommunications service provider to confirm that utility pull box can be located
within the proposed driveway approach and verify the location of the proposed
relocation of (2) on-site power poles.
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10
8. A grading plan shall be prepared by a registered civil engineer and approved by the
City prior to issuance of a building permit. The grading plans shall indicate all on-
and off-site improvements and shall indicate complete drainage paths of all drainage
water run-off.
9. A demolition permit shall be obtained from Building Services prior to the removal
and/or demolition of the structures on site.
10. Prior to approval of the Tract Map, the Applicant/Property Owner shall:
a. Coordinate with City Engineer on red curb painting after the construction of
new curb and new driveway approach
b. Remove and replace existing sidewalk, curb and gutter along the property
frontage of Arcadia Avenue.
c. Remove existing driveway approaches and construct new approaches per
City Standard 801-1 with ADA access around approach.
11. The Applicant/Property owner shall submit a Low Impact Development (LID) plan for
this project, and it shall comply with the Los Angeles County Department of Public
Works 2014 LID standard Manual and show the selected measures on the grading
plan. These selected measures include, but are not limited to using infiltration
trenches, bio-retention planter boxes, roof drains connected to a landscaped area,
pervious concrete/paver, etc.
12. Prior to receiving a Certificate of Occupancy, the Applicant/Property Owner shall
repair any damages caused by the development to the asphalt street frontages from
property line to property line including but not limited to trench cuts and construction
traffic, as determined by the City Engineer and Streets Superintendent.
13. There is an 8-inch cast iron water main with 93 psi static pressure that the
development shall connect to on Arcadia Avenue. for domestic water and/or fire
services. The Applicant/Property Owner shall provide calculations to the Public
Works Services Department to determine the total combined maximum domestic
and fire demand and verify the water service size required prior to issuance of a
Building Permit.
14. The Applicant/Property Owner shall install a common master water meter for the
residential multi-family development. The water meter for each unit can be used to
supply both domestic water services and fire services. The Applicant/Property
Owner shall separate the fire service from domestic water service with an approved
back flow device.
15. A separate water service and meter shall be required for common area landscape
irrigation. A reduced pressure backflow device shall be installed.
30
11
16. Fire protection requirements shall be as stipulated by the Arcadia Fire Department
and shall be conformed to Arcadia Standard Plan. A separate fire service with
Double Check Detector Assembly (DCDA) shall be installed for fire service if
required.
17. A Water Meter Permit Application shall be submitted to the Public Works Services
Department prior to issuance of a building permit for the new development.
18. New water service installations shall be by the Applicant/Property Owner. Installation
shall be according to the specifications of the Public Works Services Department,
Engineering Section. Abandonment of existing water services, if necessary, shall be
by the Applicant/Property Owner, according to Public Works Services Department.
19. An 8” Vitrified Clay Pipe (VCP) sewer line is available on Arcadia Avenue to provide
sanitary sewer service for the project. The Applicant/Property Owner shall utilize the
existing sewer lateral, if possible. If they are any changes to the existing sewer
lateral, the Applicant/Property Owner shall obtain approval from the Los Angeles
County Sanitation District to connect to the exiting sewer main prior to commencing
work any work, and an encroachment permit from City of Arcadia.
20. If any drainage fixture elevation is lower than the elevation of next upstream
manhole cover (510.94’), an approved type of backwater valve is required to be
installed on the lateral at the right-of- way and it shall be reviewed and approved by
the Public Works Department prior to issuance of a building permit.
21. The Applicant/Property Owner shall remove the two (2) existing Camphor tree in
the parkway and plant two (2) 36" box Camphor trees with a permit from the Public
Works Department prior to the issuance of a Certificate of Occupancy. The location
of the new street trees is to be determined by the Public Works Inspector.
22. All structures shall be provided with an automatic fire sprinkler system per the City
of Arcadia Fire Department Single & Multi-Family Dwelling Sprinkler Standard.
23. The pedestrian and vehicle entry gate shall be openable without a key or special
knowledge. A knox box shall be provided adjacent to one of the gates.
24. The Applicant/Property Owner shall comply with all City requirements regarding
building safety, fire prevention, detection, suppression, emergency access, public
right-of-way improvements, parking, water supply and water facilities, sewer
facilities, trash reduction and recycling requirements, and National Pollutant
Discharge Elimination System (NPDES) measures to the satisfaction of the Building
Official, Fire Marshal, Public Works Services Director, and Deputy Development
Services Director, or their respective designees. Compliance with these
requirements is to be determined by having fully detailed construction plans
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12
submitted for plan check review and approval by the foregoing City officials and
employees.
25. To the maximum extent permitted by law, Applicant must defend, indemnify, and
hold the City, any departments, agencies, divisions, boards, and/or commissions of
the City, and its elected officials, officers, contractors serving as City officials, agents,
employees, and attorneys of the City (“Indemnitees”) harmless from liability for
damages and/or claims, actions, or proceedings for damages for personal injuries,
including death, and claims for property damage, and with respect to all other actions
and liabilities for damages caused or alleged to have been caused by reason of the
Applicant’s activities in connection with MFADR 22-07, TTM 22-01 (84007), and
TRH 22-04 (“Project”) on the Project site, and which may arise from the direct or
indirect operations of the Applicant or those of the Applicant’s contractors, agents,
tenants, employees or any other persons acting on Applicant’s behalf, which relate
to the development and/or construction of the Project. This indemnity provision
applies to all damages and claims, actions, or proceedings for damages, as
described above, regardless of whether the City prepared, supplied, or approved the
plans, specifications, or other documents for the Project.
In the event of any legal action challenging the validity, applicability, or interpretation
of any provision of this approval, or any other supporting document relating to the
Project, the City will notify the Applicant of the claim, action, or proceedings and will
cooperate in the defense of the matter. The Applicant must indemnify, defend and
hold harmless the Indemnitees, and each of them, with respect to all liability, costs
and expenses incurred by, and/or awarded against, the City or any of the
Indemnitees in relation to such action. Within 15 days’ notice from the City of any
such action, the Applicant shall provide to the City a cash deposit to cover legal fees,
costs, and expenses incurred by City in connection with defense of any legal action
in an initial amount to be reasonably determined by the City Attorney. The City may
draw funds from the deposit for such fees, costs, and expenses. Within 5 business
days of each and every notice from City that the deposit has fallen below the initial
amount, Applicant/Property Owner shall replenish the deposit each and every time
in order for City’s legal team to continue working on the matter. The City shall only
refund to the Applicant/Property Owner any unexpended funds from the deposit
within 30 days of: (i) a final, non-appealable decision by a court of competent
jurisdiction resolving the legal action; or (ii) full and complete settlement of legal
action. The City shall have the right to select legal counsel of its choice. The parties
hereby agree to cooperate in defending such action. The City will not voluntarily
assist in any such third-party challenge(s). In consideration for approval of the
Project, this condition shall remain in effect if the entitlement(s) related to this Project
is rescinded or revoked, at the request of the Applicant or not.
26. Approval of Multiple Family Architectural Design Review No. MFADR 22-07,
Tentative Tract Map No. TTM 22-01 (84007), and Healthy Tree Removal No. TRH
22-04 shall not be in effect unless the Property Owner and Applicant have executed
and filed the Acceptance Form with the City on or before 30 calendar days after the
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Planning Commission has adopted the Resolution. The executed Acceptance Form
submitted to the Development Services Department is to indicate awareness and
acceptance of the conditions of approval.
----
33
Attachment No. 2
Attachment No. 2
Aerial Photo with Zoning Information and
Photos of the Subject Property and Vicinity
34
Overlays
Selected parcel highlighted
Parcel location within City of Arcadia
N/A
Property Owner(s):
Lot Area (sq ft):
Year Built:
Main Structure / Unit (sq. ft.):
R-3
Number of Units:
HDR
Property Characteristics
1948
1,143
3
Property Owner
Site Address:918 ARCADIA AVE
Parcel Number: 5783-002-005
N/A
Zoning:
General Plan:
N/A
Downtown Overlay:
Downtown Parking Overlay:
Architectural Design Overlay:N/A
N/A
N/A
N/A
Residential Flex Overlay:
N/A
N/A
N/A
N/A
Special Height Overlay:
N/A
Parking Overlay:
Racetrack Event Overlay:
This map is a user generated static output from an Internet mapping site and is for
reference only. Data layers that appear on this map may or may not be accurate, current,
or otherwise reliable.
Report generated 30-Oct-2023
Page 1 of 1 35
Attachment No. 3
Attachment No. 3
Tentative Tract Map No. TTM 22-01
(84007)
36
37
Attachment No. 4
Attachment No. 4
Architectural Plans
38
39
40
41
42
43
44
45
Attachment No. 5
Attachment No. 5
Arborist Reported Dated November 4, 2023
46
Prepared for:
Eric Tsang Architects
440 E Huntington Dr. Suite 356
Arcadia, CA 91006
November 4, 2023
Prepared by:
Javier Cabral Consulting Arborist
International Society of Arborists # WE- 8116A
1390 El Sereno Ave
Pasadena, California 91103
(626)818-8704
jctcabral@sbcglobal.net
Eric Tsang 918 Arcadia Ave. Arcadia, CA 91007 November 4, 2023
Javier Cabral / Consulting Arborist Pg. # 1
ISA Certified Arborist Dec 31, 2025
47
Summary ------------------------------------------------------------------ pg. 3
Background and assignment Summary ------------------------------- pg. 3
Google Earth Image & Site Conditions ------------------------------- pg. 4
List Inventory ------------------------------------------------------------- pg. 5 thru 7
Site Plan With Trees------------------------------------------------------ pg. 8 & 9
Tree Pictures -------------------------------------------------------------- pg. 10 thru 21
Tree Protection Plan ----------------------------------------------------- pg. 22 thru 25
Arborist Signature Page ------------------------------------------------- pg. 26
Certificate Of Performance ---------------------------------------------- pg. 27
Eric Tsang 918 Arcadia Ave. Arcadia, CA 91007 November 4, 2023
Javier Cabral / Consulting Arborist Pg. # 2
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Mr. Tsang,
You have retained my consulting arborist services to provide a tree inventory and tree protection plan
for the property described as 918 Arcadia Ave. CA 91007. You are in the planning and permitting stages of a
new 3-story 9-unit condominium.
Mr. Tsang has requested that I provide the following arboricultural services.
1) Identify all trees on the property and label them on the architectural drawings as provided to the
arborist by Mr. Eric Tsang.
2) Evaluate the current health of the trees and make recommendations based on their health
3) Provide a protection plan for all protected trees.
The following report is based on my site visit on November 3, 2023 and my analysis of the trees, site
plan, and the surrounding landscape. For the purpose of this report I will address these trees as on-site
Trees # 1 thru 25 on-site trees & # 26 thru 29 off-site trees.
Eric Tsang 918 Arcadia Ave. Arcadia, CA 91007 November 4, 2023
Javier Cabral / Consulting Arborist Pg. # 3
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A one-story single-family home currently exists on this property located at 918 Arcadia Ave. CA 91007.
There is a total of (29) trees on site, of which (4) are protected by the City of Arcadia Tree Protection Ordinance.
Of the (4) protected trees (2) are city owned parkway Camphor trees and (2) are protected on site private Canary
island pine trees that are directly on the footprint or too close survive excavations . No off-site trees are expected
to be impacted.
Google Earth Image
Eric Tsang 918 Arcadia Ave. Arcadia, CA 91007 November 4, 2023
Javier Cabral / Consulting Arborist Pg. # 4
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A) - Healthy, vigorous tree, reasonably free of disease, with good structure and form typical of the species.
B) - A tree with slight decline in vigor, small amount of twig dieback, minor structural defects that could be
corrected.
C) - A tree with moderate vigor, moderate twig and small branch dieback, thinning crown, poor leaf color,
moderate structural defects that might be mitigated.
D) A tree in decline, epicormics growth, extensive dieback of medium to large branches, significant structural
defects that cannot be abated.
F) A tree in severe decline, dieback of scaffold branches and or trunk, mostly epicormics growth, extensive
structural defects that cannot be abated.
List Inventory Pg. 1
Eric Tsang 918 Arcadia Ave. Arcadia, CA 91007 November 4, 2023
Javier Cabral / Consulting Arborist Pg. # 5
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A) - Healthy, vigorous tree, reasonably free of disease, with good structure and form typical of the species.
B) - A tree with slight decline in vigor, small amount of twig dieback, minor structural defects that could be
corrected.
C) - A tree with moderate vigor, moderate twig and small branch dieback, thinning crown, poor leaf color,
moderate structural defects that might be mitigated.
D) A tree in decline, epicormics growth, extensive dieback of medium to large branches, significant structural
defects that cannot be abated.
F) A tree in severe decline, dieback of scaffold branches and or trunk, mostly epicormics growth, extensive
structural defects that cannot be abated.
List Inventory Pg. 2
Eric Tsang 918 Arcadia Ave. Arcadia, CA 91007 November 4, 2023
Javier Cabral / Consulting Arborist Pg. # 6
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A) - Healthy, vigorous tree, reasonably free of disease, with good structure and form typical of the species.
B) - A tree with slight decline in vigor, small amount of twig dieback, minor structural defects that could be
corrected.
C) - A tree with moderate vigor, moderate twig and small branch dieback, thinning crown, poor leaf color,
moderate structural defects that might be mitigated.
D) A tree in decline, epicormics growth, extensive dieback of medium to large branches, significant structural
defects that cannot be abated.
F) A tree in severe decline, dieback of scaffold branches and or trunk, mostly epicormics growth, extensive
structural defects that cannot be abated.
List Inventory Pg. 3
Eric Tsang 918 Arcadia Ave. Arcadia, CA 91007 November 4, 2023
Javier Cabral / Consulting Arborist Pg. # 7
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Site Plan With Trees (full scale)
Eric Tsang 918 Arcadia Ave. Arcadia, CA 91007 November 4, 2023
Javier Cabral / Consulting Arborist Pg. # 8
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Site Plan With Trees (Cropped)
Eric Tsang 918 Arcadia Ave. Arcadia, CA 91007 November 4, 2023
Javier Cabral / Consulting Arborist Pg. # 9
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Tree # 1 (facing northeast)
Eric Tsang 918 Arcadia Ave. Arcadia, CA 91007 November 4, 2023
Javier Cabral / Consulting Arborist Pg. # 10
# 1
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Tree # 2 (facing southwest)
Eric Tsang 918 Arcadia Ave. Arcadia, CA 91007 November 4, 2023
Javier Cabral / Consulting Arborist Pg. # 11
# 2
# 2
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Trees # 3 thru 5 (facing southwest)
Eric Tsang 918 Arcadia Ave. Arcadia, CA 91007 November 4, 2023
Javier Cabral / Consulting Arborist Pg. # 12
# 5
# 3
# 4
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Trees # 5 & 6 (facing northwest)
Eric Tsang 918 Arcadia Ave. Arcadia, CA 91007 November 4, 2023
Javier Cabral / Consulting Arborist Pg. # 13
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Trees # 7 & 8 (facing northeast)
Eric Tsang 918 Arcadia Ave. Arcadia, CA 91007 November 4, 2023
Javier Cabral / Consulting Arborist Pg. # 14
# 7
# 8
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Trees # 9 thru 12 (facing west)
Eric Tsang 918 Arcadia Ave. Arcadia, CA 91007 November 4, 2023
Javier Cabral / Consulting Arborist Pg. # 15
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Trees # 13 thru 17 (facing south)
Eric Tsang 918 Arcadia Ave. Arcadia, CA 91007 November 4, 2023
Javier Cabral / Consulting Arborist Pg. # 16
# 13
Crowded &
unbalanced canopies
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Trees # 18 thru 23 (facing east)
E Eric Tsang 918 Arcadia Ave. Arcadia, CA 91007 November 4, 2023
Javier Cabral / Consulting Arborist Pg. # 17
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Trees # 24 & 25 (facing northeast)
Eric Tsang 918 Arcadia Ave. Arcadia, CA 91007 November 4, 2023
Javier Cabral / Consulting Arborist Pg. # 18
# 24
# 25
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Tree # 25 (facing south)
Eric Tsang 918 Arcadia Ave. Arcadia, CA 91007 November 4, 2023
Javier Cabral / Consulting Arborist Pg. # 19
# 25
Severe deadwood
in the top canopy
Severe deadwood
in the top canopySevere deadwood
in the top canopy
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Tree # 25 (facing west)
Eric Tsang 918 Arcadia Ave. Arcadia, CA 91007 November 4, 2023
Javier Cabral / Consulting Arborist Pg. # 20
Large decaying root and trunk.
Likely responsible for deadwood in
canopy
# 25
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Trees # 26 thru 29 (facing east)
Eric Tsang 918 Arcadia Ave. Arcadia, CA 91007 November 4, 2023
Javier Cabral / Consulting Arborist Pg. # 21
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1) Avoid damaging the roots, stem, and branches with mechanical and manual equipment. No roots shall be
vered with a
sharp tool such as a hand saw or manual pruners.
2) Avoid soil compaction by prohibiting the use of heavy equipment such as backhoes and bobcats under the
tree drip line. If access within the TPZ is required during the construction process, the route shall be covered
in a 6-inch layer of mulch in the TPZ and the area shall be aerated and fertilized at the conclusion of
construction.
3) Do not store or park tools, equipment, vehicles, or chemicals under the tree drip line. No equipment or
debris of any kind shall be placed within the TPZ. No fuel, paint, solvent oil, thinner, asphalt, cement, grout,
or any other construction chemical shall be stored or allowed in any manner to enter within the TPZ.
4) Avoid washing of equipment and tools such as wheel barrels, shovels, and mechanical motors under the tree
drip line.
5) Prevent flooding and pooling of service water under the drip line. Grade changes that will flood the TPZ are
prohibited unless a drainage plan is implemented. No grade changes within the TPZ shall be allowed.
6) Avoid cutting tree roots whenever possible. This can sometimes be accomplished by bridging roots,
tunneling, or radial trenching. If roots must be cut use a sharp tool that will make a clean flush cut and not tear
the roots. If possible, all digging under the tree drip line should be done manually to avoid tearing out of
roots. Roots outside of the TPZ may be cleanly severed vertically with a sharp garden tool.
7) Do not raise or lower the grade within the tree protection zone of any protected trees unless approved by the
project arborist. Roots greater than 1 inch in diameter that are exposed or damaged shall be cut with a sharp
tool such as a hand saw, pruners, or loppers and covered with soil in conformance to industry standards. If
any work is required within the TPZ the Arborist shall be consulted previous to beginning. The Arborist shall
be contacted as soon as possible to arrange for a timely inspection and prevent delays.
Eric Tsang 918 Arcadia Ave. Arcadia, CA 91007 November 4, 2023
Javier Cabral / Consulting Arborist Pg. # 22
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8) Place a protective barrier or temporary fencing as directed by the consulting arborist in the diagram below.
The protection fencing shall be in place before demolition begins and shall only be removed or reduced
when all heavy equipment such as back-hoes, bobcats, loaders, and other heavy equipment with tires
and tracks will not be required. Fencing can be adjusted, or sections reduced or removed as the project
advances into the landscaping phases of the project. The consulting arborist shall be contacted if there are
doubts about the placement or removal of fencing.
9) Landscape preparation & excavation within the TPZ shall be limited to the use of hand tools and small
hand-held power tools and shall not be of a depth that could cause root damage. No attachments or wires
other than those of a protective or non-damaging method shall be attached to a protected tree.
10) Construction personnel should be briefed on the importance of the guidelines before construction begins
and reminded of it during tailgate meetings and as necessary. A printed copy should be posted where
employees can be reminded of it.
11) All protected trees shall be watered before, during, and after construction as needed to prevent drought
stress and tree death until sprinklers have been installed and are functional.
Eric Tsang 918 Arcadia Ave. Arcadia, CA 91007 November 4, 2023
Javier Cabral / Consulting Arborist Pg. # 23
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Site Plan With Protection Fencing (cropped)
Eric Tsang 918 Arcadia Ave. Arcadia, CA 91007 November 4, 2023
Javier Cabral / Consulting Arborist Pg. # 24
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Trees # 1 & 2 (Protection Details)
a) Structural excavation and over-excavation: No structural foundations for the home are proposed
under the drip line of these trees. The impact is expected to be zero.
b) New driveway: The demolition of the existing driveway and construction of new driveway is expected
to have zero impact to Tree # 1 and zero to minimal to Tree # 2 because it will be set back further east
than its existing location.
c) New Landscaping:
d) New Sprinklers: No broadcast trenching for sprinkler lines shall be done within 10 ft. of the trunk of
these trees.
e) Canopy pruning: No pruning will be required to complete the proposed construction project.
f) Root pruning: No roots are expected to be pruned for this project.
g) Protection Fencing: shall consist of 6 ft. high chain-link free-standing panels or attached to posts
hammered into the soil and shall be in place before any works begins including demolition. All
protection fencing may be removed or reduced when all heavy equipment and major construction is
completed, and landscaping is ready to be installed.
h) Maintenance: During the hot summer months this tree shall be watered as needed with the existing
sprinkler system.
i) Encroachment impacts: This project is expected to have zero to minimal impact on the short or long-
term health of this tree and it expected to survive in its current health if the protection
recommendations are followed and adhered to. Minimal means that no roots greater than 2 inches are
expected to be impacted and there are no expected impact to water and nutrient uptake. The tree
anchorage is not expected to be impacted.
Eric Tsang 918 Arcadia Ave. Arcadia, CA 91007 November 4, 2023
Javier Cabral / Consulting Arborist Pg. # 25
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Eric Tsang 918 Arcadia Ave. Arcadia, CA 91007 November 4, 2023
Javier Cabral / Consulting Arborist Pg. # 26
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I Javier Cabral certify the following:
No warranty is made, expressed or implied, that problems or deficiencies of the trees or the property will not
occur in the future, from any cause. The Arborist shall not be responsible for damages or injuries caused by any
tree defects and assume no responsibility for the correction of defects or tree related problems.
The owner and client of the trees may choose to accept or disregard the recommendations of the Arborist or
seek additional advice if the owner decides not to accept the Arborists findings or recommendations.
The Arborist has no past, present or future interest in the removal or preservation of any tree. The opinions
contained in the Arborist report are independent and objective judgements of the Arborist.
The findings, opinions, and recommendations of the Arborist are based on based on the physical inspection of
said property. The opinions are based on knowledge, experience, and education.
The Arborist shall not be required to provide testimony, provide site monitoring, provide further documentation
for changes beyond the control of the Arborist, be deposed, or to attend any meeting without contractual
arrangements for additional fees to the Arborist.
The Arborist assumes no responsibility for verification of ownership or location of property lines, or for any
recommendations based on inaccurate information.
This Arborist report may not be reproduced without the expressed written permission or the Arborist and the
client to whom the report was provided to. Any changes or alteration of this report invalidates the entire report.
Arborists are tree specialists who use their education, knowledge, training and experience to examine
trees, recommend measures to enhance the beauty and health of trees, make recommendations to prevent or
minimize damage to trees during and after construction projects, and attempt to reduce the risk of living near
trees. Clients may choose to accept or disregard the recommendations of the arborist, or to seek additional
advice.
Arborists cannot detect every condition that could possibly lead to the structural failure of a tree. Trees
are living organisms that fail in ways we do not fully understand. Conditions are often hidden within trees
and below ground. Arborists cannot guarantee that a tree will be healthy or safe under all circumstances,
or for a specified period of time. Likewise, remedial treatments, like any medicine, cannot be guaranteed.
services such as property boundaries, property ownership, site lines, disputes between neighbors, and
other issues. Arborists cannot take such considerations into account unless complete and accurate
information is disclosed to the arborist. An arborist should then be expected to reasonably rely upon the
completeness and accuracy of the information provided.
Trees can be managed, but they cannot be controlled. To live near trees is to accept some degree of risk.
The only way to eliminate all risk associated with trees is to eliminate all trees.
Eric Tsang 918 Arcadia Ave. Arcadia, CA 91007 November 4, 2023
Javier Cabral / Consulting Arborist Pg. # 27
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Attachment No. 6
Attachment No. 6
Preliminary Exemption Assessment
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Preliminary Exemption Assessment FORM “A”
PRELIMINARY EXEMPTION ASSESSMENT
1.Name or description of project:MFADR 22-07, TTM 23-01 (84007), and TRH 22-04 – A
tentative tract map for an eight-unit residential condominium
development with a Categorical Exemption under the California
Environmental Quality Act (“CEQA”)
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):
918 Arcadia Avenue (between Sunset Boulevard and S.
Golden West Ave)
3.Entity or person undertaking
project:
A.
B.Other (Private)
(1)Name Eric Tsang on behalf of
828 Sunset LLC
(2)Address 150 N. Santa Anita Avenue #300
Arcadia, CA 91006
4.Staff Determination:
The Lead Agency’s Staff, having undertaken and completed a preliminary review of this project in
accordance with the Lead Agency's "Local Guidelines for Implementing the California Environmental
Quality Act (CEQA)" has concluded that this project does not require further environmental
assessment because:
a.The proposed action does not constitute a project under CEQA.
b.The project is a Ministerial Project.
c.The project is an Emergency Project.
d.The project constitutes a feasibility or planning study.
e.The project is categorically exempt.
Applicable Exemption Class: 15332 – Class 32 (Infill Development)
f.The project is statutorily exempt.
Applicable Exemption:
g.The project is otherwise
exempt on the following basis:
h.The project involves another public agency which constitutes the Lead Agency.
Name of Lead Agency:
Date: November 6, 2023 Staff: Alison MacCarley, Assistant Planner
75
ARCADIA PLANNING COMMISSION
REGULAR MEETING MINUTES
TUESDAY, NOVEMBER 14, 2023
Any writings or documents provided to a majority of the Planning Commission regarding any item on this agenda will be made
available for public inspection in the City’s Planning Services Office located at 240 W. Huntington Drive, Arcadia, California,
during normal business hours.
CALL TO ORDER Chair Tsoi called the meeting to order at 7:00 p.m.
ROLL CALL
PRESENT: Chair Tsoi, Vice Chair Wilander, Hui, Arvizu, and Tallerico
ABSENT: None
SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS
There were none to report.
PUBLIC COMMENTS (5 minute time limit per person)
There were none.
PUBLIC HEARING
1. Resolution No. 2138– Approving Conditional Use Permit No. CUP 23-04 and Planning Commission
Administrative Modification No. PC AM 23-03 to allow a tutoring center with a maximum of seven
students at 909 S. Santa Anita Avenue, Unit J
CEQA: Exempt
Recommendation: Adopt
Applicant: Infinity Academy
MOTION - PUBLIC HEARING
Chair Tsoi introduced the item and Associate Planner Gary Yesayan presented the staff report.
Commissioner Tallerico asked for clarification about the restrooms and where the tenants will use
the restrooms.
Mr. Yesayan clarified the multi-tenant building has private restrooms that are for tenant-use only.
Commissioner Tallerico asked if the City anticipates having any long-term parking issues at this
property. Mr. Yesayan explained that the current parking spaces satisfy the parking requirements
for the proposed and future uses within the vacant units.
Vice Chair Wilander also asked for clarification about the parking requirements for future uses.
Mr. Yesayan explained there is sufficient parking for a permitted use such as a general office.
However, if the use is subject to a Conditional Use Permit and it requires more parking then it will
be subject to a new parking analysis.
Commissioner Arvizu asked about the window requirement on the classroom doors and wanted
to know if it was possible to extend that condition to the storage room door, and whether
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Deputy Development Services Director Lisa Flores stated if this is the Commission’s desire,
condition no. 3 can be revised to include all interior doors.
Commissioner Hui asked how the Applicant determined the age group to tutor and why middle
school aged children are not part of the business plan.
Mr. Yesayan explained the Applicant has previously operated another tutoring center in the City
and used the same business model for the proposed business.
Ms. Hui asked where their previous business was located, and what subjects were taught.
Mr. Yesayan stated that their previous location was 21 W. Duarte Road. They provided homework
assistance and tutoring. Same as the business plan.
Ms. Hui asked how the City enforces the conditions of the Conditional Use Permit. Ms. Flores
stated the City conducts yearly inspections to ensure they are in compliance.
Commissioner Tallerico asked if there were any issues with the Applicant at their previous location
and asked for clarification if the proposal is just a relocation of the same business. Ms. Flores
affirmed that it is just a relocation of the existing business.
Chair Tsoi asked if the number of students was limited by the proposed use or if it was proposed
by the Applicant. Ms. Flores stated it was proposed by the Applicant.
Chair Tsoi asked about the transportation service proposed by the Applicant. Ms. Flores explained
that the tutoring center will offer drop-off and pick-up service to the students from the three
elementary schools. The transportation service will not be available for the high school students
given the high school is located less than ½ of a block.
The Commissioners had no further questions for staff.
The public hearing was opened.
No one spoke in favor of the proposal.
No one spoke in opposition to the proposal.
It was moved by Vice Chair Wilander, seconded by Commissioner Hui, to close the public hearing.
Without objection, the motion was approved.
Vice Chair Wilander had a question for the Applicant about the desk arrangement.
Ms. Flores stated the Commission would need to reopen the public hearing if she would like her
question answered by the Applicant.
It was moved by Commissioner Tallerico, seconded by Commissioner Arvizu, to reopen the public
hearing.
Vice Chair Wilander asked about the receptionist desk shown on the site plan and if there will be
a receptionist in addition to the instructors.
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The Applicant stated there will not be a receptionist and only two desks for the teacher. The
remaining desks will be for the students.
Commissioner Arvizu asked the Applicant if she had any issues with his request to add a window
to the storage door.
The Applicant said she did not have any issues installing a glass window to the storage door or
to all the interior doors within that unit.
Commissioner Hui asked for clarification of the Applicant’s previous business name and its
location.
The Applicant clarified the location and name of her previous business’ location.
It was moved by Vice Chair Wilander, seconded by Commissioner Tallerico, to close the public
hearing.
Without objection, the motion was approved.
DISCUSSION
Commissioner Arvizu stated he would like to amend condition no. 3 to require that all interior
doors shall have a window or glass to allow visibility into the room.
Commissioner Tallerico had no issues with the proposal and was in favor of the project.
Commissioner Hui and Vice Chair Wilander concurred.
MOTION
It was moved by Vice Chair Wilander, seconded by Commissioner Arvizu to adopt Resolution No.
2138 to approve Conditional Use Permit No. CUP 23-04 and Planning Commission Administrative
Modification No. PC AM 23-03 to allow a tutoring center with a maximum of seven students at
909 S. Santa Anita Avenue, Unit J in which the findings were made and is CEQA exempt.
ROLL CALL
AYES: Chair Tsoi, Vice Chair Wilander, Arvizu, Hui, and Tallerico
NOES: None
ABSENT: None
The motion was approved.
There is a 10-day appeal period. Appeals are to be filed by 5:30 p.m. on Monday, November 27,
2023.
CONSENT CALENDAR
1. Minutes of the October 24, 2023, Regular Meeting of the Planning Commission
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Recommended: Approve
Commissioner Tallerico mentioned that Councilperson Kwan made some good points at the last
meeting regarding the Zero-Bail policy, but the minutes did not reflect it. But he was fine with
leaving the minutes as-is.
Commissioner Tallerico made a motion to approve the minutes and seconded by Vice Chair
Wilander.
ROLL CALL
AYES: Vice Chair Wilander, Arvizu, and Tallerico
NOES: None
ABSENT: None
Chair Tsoi and Commissioner Hui abstained since they were absent at the October 24, 2023,
meeting.
The motion was approved.
MATTERS FROM CITY COUNCIL LIAISON
Council Member Kwan had nothing to report.
MATTERS FROM THE PLANNING COMMISSONERS
Vice Chair Wilander read a statement on her position regarding the Zero Bail policy bill and an article that
was published in the L.A. Times on October 30, 2023, that had statistical data of how many people were
booked for a crime within the first three weeks of October.
Commissioner Tallerico responded and believes law and order is a valid subject for the Planning
Commission when it comes to land use decisions because the Commission can focus on certain issues
when it comes to construction and prevent people from setting up a camp under an overpass or sleeping
inside the building. Overall, the Planning Commission can help with law-and-order issues, and under the
City’s Charter the Planning Commission can always make recommendations to the City Council.
Council Member Kwan expressed gratitude for their hard work and thoroughness to the Planning
Commission. Ms. Kwan stated that while the discussion about law and order is important it is too soon to
rely on the available statistics and data.
Commissioner Hui asked about a couple of new housing laws that passed. Ms. Flores stated that there
are over 50 housing bills that were presented to the Governor this year, and the most recent one that
passed was AB 1033 that goes into effect January 1, 2024, and it allows cities and counties in the State
of California to no longer prohibit ADUs from being sold separately from the primary residence. However,
this is an “opt-in” ordinance, and it is up to the City if they would like to implement this law or not. The
City has no intention of adopting this new bill.
Commissioner Hui expressed concern with the abundance of information and not being aware when the
policies are passed.
Chair Tsoi asked if these policies are codified.
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Ms. Flores explained that not all policies have to be codified if they are mandated by the State.
Chair Tsoi asked if staff (or the City) can hold a study session for the Planning Commissioners to go over
the new policies that were passed. Ms. Flores responded and said that might be possible but that she
would need to coordinate with the Assistant City Attorney and City Attorney on this request.
Commissioner Tallerico gave his input and opinion about some of the changes that the State is making
to reduce parking to allow for more housing.
Ms. Flores said she would share any applicable information with the Commission as it comes in.
MATTERS FROM ASSISTANT CITY ATTORNEY
Assistant City Attorney Yeo had nothing to report.
MATTERS FROM STAFF INCLUDING UPCOMING AGENDA ITEMS
Ms. Flores reported that there will be one item for the Derby Mixed-Use project at the November 28
Planning Commission meeting.
Ms. Flores reported there will be one item on the December 12 agenda and no items on the December
26 agenda.
Commissioner Hui asked if she could attend the upcoming community meetings and ‘Coffee with the
Mayor’ event.
Ms. Flores reiterated she may attend but cannot participate in discussions or ask questions because that
would be a violation of the Brown Act.
Commissioner Tallerico asked if Ms. Flores could share with the Commission the questions that have
been asked to her individually regarding the Derby project. Ms. Flores responded that she cannot share
those questions or comments as it would be a violation of the Brown Act.
Ms. Flores reported that a Community Meeting for the new Huntington Village mixed-use development
(former Vons Corporation site) will be held on December 6, 2023.
ADJOURNMENT
The Planning Commission adjourned the meeting at 7:54 p.m., to Tuesday, November 28, 2023, at 7:00
p.m. in the City Council Chamber.
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Chair Tsoi, Planning Commission
ATTEST:
Lisa L. Flores
Secretary, Planning Commission
81
ARCADIA PLANNING COMMISSION
REGULAR MEETING MINUTES
TUESDAY, NOVEMBER 28, 2023
Any writings or documents provided to a majority of the Planning Commission regarding any item on this agenda will be made
available for public inspection in the City’s Planning Services Office located at 240 W. Huntington Drive, Arcadia, California,
during normal business hours.
CALL TO ORDER Chair Tsoi called the meeting to order at 7:00 p.m.
ROLL CALL
PRESENT: Chair Tsoi, Vice Chair Wilander, Arvizu, Hui, and Tallerico
ABSENT: None
SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS
Deputy Development Services Director Lisa Flores informed the Commission that we received three
letters for tonight’s item on the Derby Mixed Use. All the letters were distributed through email and a hard
copy was placed on dais along with a response from the environmental consultant firm.
PUBLIC COMMENTS (5 minute time limit per person)
There were none.
PUBLIC HEARING
1. Resolution No. 2134– General Plan Amendment No. GPA 22-01, Zone Change No. ZC 22-01, Minor
Use Permit No. MUP 22-02, Architectural Design Review ADT 22-06, a Density Bonus and a Lot Line
Adjustment along with an Environmental Impact Report under California Environmental Quality Act
(CEQA) for “The Derby Mixed-Use Project,” with 214 residential units, including 9 affordable units,
located at 233 & 301 E. Huntington Drive
Recommendation: Adopt Resolution No. 2134 Recommending Approval to the City Council
Applicant: auWorkshop
MOTION - PUBLIC HEARING
Chair Tsoi introduced the item and Assistant City Manager/Development Services Director Jason
Kruckeberg and Deputy Development Services Director, Lisa Flores presented the project.
Kristin Starbird from Dudek introduced herself as the senior project manager who led the
preparation of the environmental impact reports. Ms. Starbird went over the subsequent letters
that were received prior to the meeting and she addressed some of the major concerns that were
raised in the comment letters.
Commissioner Tallerico asked Ms. Starbird if she felt they had enough time to adequately respond
to the late correspondence letters that were received prior to the meeting.
Ms. Starbird said she and her staff are accustomed to responding to short notice letters and are
confident no new information was revealed that would require a revision to the Environmental
Impact Report.
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Vice Chair Wilander expressed some concern about transportation, light impacts from the
proposed projected mural, parking, and this site is 3.3 miles from the transit station.
Mr. Kruckeberg clarified the distance from the metro station to the Derby restaurant is actually 0.4
miles. He went on to explain that the project complies with the parking requirements and the valet
parking will be a choice for patrons to use. Additionally, prior to issuing a Certificate of Occupancy,
a parking management plan will be required from the Applicant to ensure the City is aware of how
the parking resource will be managed.
Vice Chair Wilander asked about the projected mural that will be installed on the building and the
potential light impacts. She also asked if the installation can be regulated once installed if it
becomes a problem.
Mr. Kruckeberg explained the projected mural has been described to be an art installation or art
piece that is not meant to be flashy or distracting. He said the mural will be subject to the City’s
sign regulations and it will be enforced if the projection becomes an issue.
Commissioner Arvizu asked about the removal of petroleum tanks that were removed from the
property prior to the development of the Souplantation building.
Mr. Kruckeberg explained that when the underground storage tanks were removed, the site had
to be remediated to remove all the contaminated soil. This was completed prior to the construction
of the Souplantation building. Additionally, the City added a mitigation measure that requires the
Applicant to provide a soil management plan before any permits can be issued.
Commissioner Arvizu asked for clarification about the previous uses of the property, specifically
two gas stations that were pointed out in one of the late comment letters received.
Ms. Starbird clarified there was only one service station in the location of the Souplantation. It is
confusing because there were two Phase One investigations that were conducted, and both
reference a service station which contributes to the misunderstanding about the existence of two
gas stations. Ms. Starbird said the tanks were discovered and removed during the development
of the Souplantation. She explained contaminants were found during the Phase One investigation
which led to a Phase Two investigation. She emphasized, however, that no other contaminates
were found after the site was cleaned up.
Chair Tsoi asked if there is a clean-up process after the removal of the tank that determines all
the standards have been met. Ms. Starbird said yes, and the site does.
Commissioner Hui asked if a second opinion is necessary.
Mr. Kruckeberg said that is the purpose of the mitigation measures.
Chair Tsoi asked about the zone change and if the height proposed will be applicable to all the
properties. Mr. Kruckeberg clarified the City’s Downtown Mixed-Use zone has a 60-foot height
limit which will be regulated on the rest of the properties.
Chair Tsoi asked if Gateway Drive is a public or private street. Mr. Kruckeberg answered that is
a public street.
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Chair Tsoi asked about the hotel signs that sit on the northwest corner of Gateway Drive and
Huntington Drive is on private property (Souplantation property) and if it will remain in place.
Ms. Flores confirmed the hotel signs are on private property and because there are no
agreements with those hotel chains, the Applicants plan to remove the freestanding sign.
Chair Tsoi asked for clarification on the Planning Commission’s role on this approval. Mr.
Kruckeberg explained that this is within the Planning Commission’s purview and their
recommendation to the City Council is significant.
Commissioner Hui expressed some concerns about the traffic impacts and wanted to know more
about the City’s plan to alleviate that.
Mr. Kruckeberg said the City looks at all the cumulative impacts of the proposed project and future
projects. He explained there are many factors that affect traffic patterns, which were all analyzed
in addition to the impacts from the proposed project. He indicated that the traffic analysis
determined there will be no significant impacts.
Chair Tsoi asked how the City justifies the Zone Change.
Mr. Kruckeberg explained the City analyzes many of the factors when considering a General Plan
Amendment including all the utilities and the school district. He went on to explain that a General
Plan Amendment examines the impacts years ahead which is carefully evaluated.
Chair Tsoi inquired about the impact fees placed on the Applicant.
Mr. Kruckeberg explained which impact fees are required and described what the transportation
impact fee is.
Commissioner Arvizu asked about the density bonus and what was the minimum number of
parking spaces they were required to have.
Mr. Kruckeberg explained that if the development offers affordable housing and is within a half
mile of a light rail station, they are required to provide half of a parking space per unit. Based on
this formula, the proposed project would be required to provide 107 parking spaces.
The Commissioners had no further questions for staff.
The public hearing was opened.
The property owner, Mr. Dustin Nicholarsen, thanked the Commission and introduced himself as
the owner of the Derby and Souplantation site. After his presentation, he also responded to
Commissioner Hui’s earlier questions about the Phase I/Phase II reports stating that he has other
Phase I and II reports when he purchased the properties and that none of those reports reported
any underground storage tanks or soil contamination and they came to the same conclusion as
the analysis in the DEIR.
He also clarified that The Derby does not currently charge for valet service and will continue to
provide a free valet service for all customers once the Project is in operation.
Chair Tsoi asked if the Commissioners had any questions for the Applicant.
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Commissioner Arvizu said he appreciates that he values the interior historical significance of the
structure and its craftsmanship because they do not build them like they used to. He asked what
are his intentions with the other two restaurants.
Mr. Nicholarsen said nothing is set in stone yet, but he would like to open a Mexican cuisine and
a VIP speakeasy bar within the café space.
Ms. Linda Vidov, part of the Project’s Team, said Mr. Nicholarsen’s vision has always been to
have The Derby restaurant around for the next 100 years. She further stated how this project
would be a great asset to the City.
Mr. Harvey Hyde, a resident of Arcadia, spoke in favor of the Project and said that The Derby is
strongly tied to the City of Arcadia and its history, and it should be kept in order to continue
attracting people to visit the City.
Randy Shortridge from auWorkshop, the Project Architect, stated that the design of the Project
was centered around The Derby restaurant and keeping it the focal point of the development.
Also, the valet courtyard and some other architectural features have drawn inspiration from
horseracing and Santa Anita Park.
No additional comments in favor of the Project were received.
Chair Tsoi asked if there was anyone who wished to speak in opposition to the Project.
Mr. Juan Luna from the Western States Regional Council of Carpenters did not speak against the
Project, but wished to add a public comment requesting the City require the Project to be built
using local contractors who pay prevailing wages and utilize apprentices from State certified
apprenticeship training programs as it would reduce local environmental impacts and benefit the
local economy and workforce development.
No additional comments in opposition to the Project were received.
Commissioner Hui asked who the future residential tenants will be given that the size of the units
are relatively small and what the rental rates will be.
Mr. Nicholarsen said they are hoping to attract young professionals and provide new housing
options in the City and that rental rates have not yet been determined.
Assistant City Attorney, Grace Yeo, stated that if the Applicant does not have that information,
then he does not need to speculate.
Vice Chair Wilander followed up on her earlier question regarding employee parking.
Mr. Nicholarsen stated that the details have not yet been determined, but that The Derby currently
has parking earmarked for staff use and this will likely happen with the new The Derby restaurant.
Vice Chair Wilander asked if he would offer any incentives for taking public transit.
Mr. Nicholarsen said he would.
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Vice Chair Wilander asked about whether he would hire some local carpenters during construction
in response to Mr. Luna’s question.
Mr. Nicholarsen stated that they have not discussed that yet but will keep that in mind.
Ms. Flores added that the City cannot require the use of local contractors on private development.
Chair Tsoi asked about the projecting screen and what it would look like during the daytime. Will
it be a blank white wall?
Ms. Vidov stated that the projection will not occur during daylight hours and therefore the blank
façade will be seen instead.
Chair Tsoi stated that it is a large surface and asked whether something could be done during the
day to make the wall more interesting.
Ms. Vidov said that they can look into that. She also addressed an earlier question from
Commissioner Hui and a market study was performed and that is how they came up with their
unit mix.
Vice Chair Wilander asked what the process is to protect the low-income status of the nine very
low-income units.
Mr. Kruckeberg stated that Condition No. 1 requires an agreement be recorded on the Title for
each of the units before the Project is final and that it will be the City’s responsibility to monitor
those units, ensuring they remain rented to very low-income tenants.
Given there were no more comments or questions, Commissioner Arvizu made a motion to close
the public hearing. Vice Chair Wilander seconded the motion.
DISCUSSION
Commissioner Arvizu stated that preserving the architectural appearance of The Derby is
important and that the Project achieved this. In addition, the remainder of the building is well
designed and has good articulation. He stated that although we cannot make it a requirement for
the Applicant to hire union workers, he asked the Applicants to strongly consider the benefits of
hiring them because they do produce a quality of craftsmanship you might not get from the lowest
bidder. This project helps the City meet its housing needs.
Commissioner Tallerico expressed his support for the project and that The Derby is very important
to the City of Arcadia and its history. He can also see the benefits of this project since it is well
laid-out, it provides affordable housing, and it is close in proximity to transit. As for the Carpenters
union, he does not think it is in the purview of the government to suggest who a private developer
should hire and feels strongly about that.
Commissioner Hui stated that she likes the project and was in favor of recommending approval
to the City Council. The City should consider the overall potential traffic impacts when the City
rezones this entire area.
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Vice Chair Wilander stated that she likes the project. She is pleased to see that they will be
providing EV charging stations for the residents, the bikes will be kept within a locked facility, and
the proposed landscaping will be an improvement compared to what is out there.
Vice Chair Wilander asked for clarification on the need for a movable noise barrier that was in
one of the comment letters.
Ms. Starbird stated that their noise expert had quantified the noise that would be generated from
all the construction equipment during construction and it was determined that a noise barrier
would be required for the extent of the entire length of the property line during the entire time of
the construction activity, which is more restrictive than a movable noise barrier.
Vice Chair Wilander thanked Ms. Starbird and said she had one correction to the DEIR. The DEIR
mentioned that a majority of the single-family neighborhoods are located near the foothills in the
northern section of the City. She stated that this should be corrected to include the southern part
of Arcadia too.
Ms. Flores confirmed this change would be added to the errata sheet.
Chair Tsoi noted the importance of preserving the standalone character of The Derby restaurant
and how this feature sets the architectural direction of the rest of the building. He was also in favor
of this project.
MOTION
It was moved by Vice Chair Wilander, seconded by Commissioner Hui to adopt Resolution No.
2137 recommending that the City Council approve General Plan Amendment No. GPA 22-01,
Zone Change No. ZC 22-01, Minor Use Permit No. MUP 22-02, Architectural Design Review No.
ADR 22-06, a Densit Bonus and a Lot Lite Adjustment along with an Environmental Impact Report
under the California Environmental Quality Act (CEQA) for “The Derby Mixed-Use Project”, with
214 residential units, including 9 affordable units, located at 233 & 301 E. Huntington Drive.
ROLL CALL
AYES: Chair Tsoi, Vice Chair Wilander, Commissioners Hui, Arvizu, and Tallerico
NOES: None
ABSENT: None
The motion was approved.
There is no appeal period as the Planning Commission is not making a decision on the Project.
CONSENT CALENDAR
No Consent Items
MATTERS FROM CITY COUNCIL LIAISON
City Council Member Kwan did not have any items to report.
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MATTERS FROM THE PLANNING COMMISSONERS
The Planning Commissioners had nothing to report.
MATTERS FROM ASSISTANT CITY ATTORNEY
Assistant City Attorney Yeo had nothing to report.
MATTERS FROM STAFF INCLUDING UPCOMING AGENDA ITEMS
Ms. Flores reported that there will be one public hearing item for December 12 Planning Commission
meeting. Staff will also present an informational item at the Planning Commission, giving an overview of
the upcoming rezones required to implement some of the housing strategies within the Housing Element
Update and to eventually receive certification.
ADJOURNMENT
The Planning Commission adjourned the meeting at 8:55 p.m., to Tuesday, December 12, 2023, at 7:00
p.m. in the City Council Chamber.
Chair Tsoi, Planning Commission
ATTEST:
Lisa L. Flores
Secretary, Planning Commission
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