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HomeMy WebLinkAboutDecision Letter
City of
Arcadia
Development
Services
Department
Jason Kruckeberg
Assistant City Manager/
Development Services
Director
240 West Huntington Drive
Post Office Box 60021
Arcadia, CA 91066-6021
(626) 574-5415
(626) 447-3309 Fax
www.ArcadiaCA.gov
May 20, 2025 Via Email & EDGE
Philip Chan
PDS Studio
711 S. First Avenue
Arcadia, CA 91006
SUBJECT: Multiple-Family Architectural Design Review No. MFADR 25-03
PROJECT ADDRESS: 115-117 E. Live Oak Ave
Dear Mr. Chan:
The public comment period for the Notice of Pending Decision ended on
Thursday, May 15, 2025. Staff received no comments during the notification
period. After careful consideration, staff has determined that the design of the
new multi-family residence complies with all applicable objective design and
development standards per the requirements of SB 330. Therefore, the
Development Services Department has conditionally approved the multi-
family design review project, for a new 24-unit multi-family development
comprising four (4) four-story, Spanish style buildings with 43,089 square feet
of living area. Each unit will have a one or two-car garage and private open
space including roof-top decks. The Project will also include two (2) Very Low-
Income affordable units at 115-117 E. Live Oak Avenue, subject to the
following conditions:
Planning
1. The project shall be developed and maintained by the applicant/property
owner in a manner that is consistent with the plans and materials
conditionally approved for Multiple-Family Architectural Design Review
No. MFADR 25-03.
2. No utility or fixtures shall be located on the exterior walls of the building
that face the street.
3. 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.
4. The project shall comply with the City’s Water Efficient Landscaping
Ordinance (WELO). The application shall be submitted with the plans for
plan check in Building Services.
Building
1. 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.
2. Project shall comply with Chapter 35A Multiple Family Construction Standards as
amended in the Arcadia Municipal Code Section 8130.20
3. This project is a covered multifamily dwelling according to CBC 1102A and at least 10%
of the units shall comply with 1102A.3 to include:
a. The primary entry to the dwelling unit shall be on an accessible route.
b. At least one powder room shall be located on the primary entry level served by
an accessible route.
c. All rooms or spaces located on the primary entry level shall be served by an
accessible route.
d. Common use areas shall be accessible (i.e. trash enclosure, mailboxes, etc.).
4. When assigned parking spaces are provided for a resident or group of residents, at least
2% of the assigned parking spaces serving covered multifamily dwelling units shall be
accessible.
5. At least 5 percent of the visitor parking spaces shall be accessible and provide access to
grade-level entrances of covered multifamily dwellings and facilities that serve covered
multifamily dwellings
Engineering
1. The project proposes to place a new driveway approach where an existing storm
drain inlet is located but needs to also show the new location.
2. The alley is a public alley. The City does not want a concrete alley at this location.
Please amend Note 4 to state “Remove and Replace concrete asphalt and ribbon
gutter from property line to property,” per condition provided below
3. The Applicant/Property Owner shall submit a Tentative Tract Map for the project.
4. Prior to approval of the Final Tract Map, the Applicant/Property Owner shall either
construct or post security for all public improvements:
5. Remove existing and construct new driveway approaches per City Standard. New
driveway approaches shall also adhere to City Standard
6. Remove, replace, and construct new sidewalk providing adequate path of travel in
compliance with Americans with Disabilities Act (ADA) and Public Right -Of-Way
Accessibility Guidelines (PROWAG)
7. Remove and replace curb and gutter with 2’ slot cut from property line to property
line.
8. Remove and replace concrete asphalt and ribbon gutter located in the alley between
the properties.
9. Relocation of Storm Drain inlet in compliance with the Standard Plans for Public
Works Construction (SPPWC or “Greenbook”)
10. Ficus Tree located on Live Oak Ave shall be remove and replaced in coordination
with the Public Works Street Superintendent
11. The proposed development requires a Low Impact Development (LID) Plan which
shall comply with the Los Angeles County Department of Public Works 2014 LID
standard Manual and show the selected measures on the grading plan. Measures
shall not be located in or cross the alley. Private structures cannot be located in the
public right-of-way.
12. All dry utilities shall be undergrounded. No private conduits or structures shall be
located in the public alley without approval from the City Engineer.
13. Prior to occupancy, the developer shall repair any damages caused by the
development to the street and alley frontages from property line to property line
including but not limited to trench cuts and construction traffic, per the direction of the
City Engineer. If the street is under the City’s pavement moratorium list, the repair
may extend from curb to curb, per the direction of the City Engineer.
Fire
1. The Property Owner/Applicant shall provide a knox switch for the vehicular gate.
2. The Property Owner/Applicant shall ensure all structures are fire sprinklered per the City
of Arcadia Fire Department Single & Multi-Family Dwelling Sprinkler Standard.
Public Works
5. Property Owner/Applicant shall ensure the trash enclosures have sufficient size to
accommodate three bins/carts, one each for trash, recycling and
greenwaste/foodwaste. For bins, there should be 1 feet clearance around each bin.
General
6. To the maximum extent permitted by law, Applicant must defend, indemnify, and hold
the City, any departments, agencies, divisions, boards, and/or commissions of the
City, and its elected officials, officers, contractors serving as City officials, agents,
employees, and attorneys of the City (“Indemnitees”) harmless from liability for
damages and/or claims, actions, or proceedings for damages for personal injuries,
including death, and claims for property damage, and with respect to all other actions
and liabilities for damages caused or alleged to have been caused by reason of the
Applicant’s activities in connection with Multiple-Family Architectural Design Review
No. MFADR 25-03 (“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 promptly notify the Applicant of the claim, action, or proceedings
and will fully cooperate in the defense of the matter. Once notified, the Applicant must
indemnify, defend and hold harmless the Indemnitees, and each of them, with respect
to all liability, costs and expenses incurred by, and/or awarded against, the City or any
of the Indemnitees in relation to such action. Within 15 days’ notice from the City of
any such action, the Applicant shall provide to the City a cash deposit to cover legal
fees, costs, and expenses incurred by City in connection with defense of any legal
action in an initial amount to be reasonably determined by the City Attorney. The City
may draw funds from the deposit for such fees, costs, and expenses. Within 5 business
days of each and every notice from City that the deposit has fallen below the initial
amount, Applicant shall replenish the deposit each and every time in order for City’s
legal team to continue working on the matter. The City shall only refund to the
Developer any unexpended funds from the deposit within 30 days of: (i) a final, non-
appealable decision by a court of competent jurisdiction resolving the legal action; or
(ii) full and complete settlement of legal action. The City shall have the right to select
legal counsel of its choice that the Applicant reasonably approves. The parties hereby
agree to cooperate in defending such action. The City will not voluntarily assist in any
such third-party challenge(s) or take any position adverse to the Applicant in
connection with such third-party challenge(s). In consideration for approval of the
Project, this condition shall remain in effect if the entitlement(s) related to this Project
is rescinded or revoked, at the request of the Applicant or not.
7. The Property Owner/Applicant shall comply with all City requirements regarding
building safety, fire prevention, detection, suppression, emergency access, public
right-of-way improvements, parking, water supply and water facilities, sewer facilities,
trash reduction and recycling requirements, and National Pollutant Discharge
Elimination System (NPDES) measures 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 and employees.
8. Approval of MFADR 25-03 shall not take effect until the Applicant/Property Owner has
executed and filed with the City on or before June 20, 2025, an Acceptance Form
available from the Development Services Department, to indicate acceptance of the
conditions required by this approval.
There is a ten (10) day appeal period for this application. To file an appeal, a completed Appeal
Application form must be submitted to the Community Development Division along with a
$728.00 appeal fee by 5:30 p.m. on Wednesday, June 3, 2025. You will be notified if an
appeal is filed.
This approval shall expire in one year (June 3, 2026) from the effective date unless plans are
submitted to Building Services for plan-check, a building permit is issued and the construction
is diligently pursued, a certificate of occupancy has been issued, or the approval is renewed.
The final plans must be consistent with the approved design concept plans and any conditions
of approval. Any inconsistency from the approved design concept plans may preclude the
issuance of a building permit.
An extension may be granted by the Development Services Director or designee, or the
Review Authority that approved the project for a maximum period of one (1) year fr om the
initial expiration date. An extension can only be granted if the required findings can be made.
Please note that acceptance of an extension request does not indicate approval of an
extension.
A building permit must be obtained prior to any construction activity. Please contact Building
Services at (626) 574-5416 to determine the type of documentation, plans, and fees for the
appropriate permit. This letter of approval must be presented to Building Services to initiate
the permitting process.
Approval of Multiple-Family Architectural Design Review No. MFADR 25-03 shall not go into
effect unless the property owner and applicant have executed and filed the enclosed
Acceptance Form to indicate awareness and acceptance of these conditions of approval. The
Acceptance form is due now and if it is not received by June 20, 2025, or if the project is
appealed, this approval will become null and void.
You may visit the City’s website at www.ArcadiaCA.gov/noticesanddecisions to view this
notice. If you have any questions, please contact me at (626) 574-5447, or by email at
mchipres@ArcadiaCA.gov. Thank you.
Sincerely,
DEVELOPMENT SERVICES DEPARTMENT
Community Development Division / Planning Services
Melissa Chipres
Senior Planner
C: Green Field Oak LLC, Philip Chan, Property Owner