HomeMy WebLinkAbout7661RESOLUTION NO. 7661
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, APPROVING THE ALEXAN ARROYO MIXED -USE
DEVELOPMENTAND DENSITY BONUS, COMPRISED OF359 RESIDENTIAL
UNITS, INCLUDING 35 VERY LOW AFFORDABLE UNITS AND NINE (9)
LIVE/WORK UNITS AT 325 N. SANTA ANITA AVENUE
WHEREAS, on September 5, 2023, the Applicant, Arcadia Apartments L.L.C., on
behalf of the property owner, Positive Investments, Inc., submitted an application for
Minor Use Permit No. MUP 23-10. The Applicant later submitted applications for
Tentative Tract Map No. TTM 23-04, Site Plan and Design Review No. ADR 23-12,
Certificate of Demolition No. COD 23-32, and Healthy Protected Tree Permit No. TRH
25-13. The Project proposes to consolidate six legal lots into one parcel and remove
one healthy Coast Live Oak tree to accommodate a new mixed -use development with
a density bonus, consisting of 324 market -rate units, 35 very low-income affordable
units, and nine (9) live/work loft units at 325 North Santa Anita Avenue (collectively
known as the "Project"); and
WHEREAS, pursuant to CEQA Guidelines Section 15332, the Tentative Tract
Map qualifies for a Class 32 Categorical Exemption as an urban infill project; and
WHEREAS, pursuant to Assembly Bill 130 ("AB 130") that went into effect on
June 30, 2025, which provides a statutory exemption from the California
Environmental Quality Act ("CEQA") for certain housing developments that (1) include
a specified percentage of affordable units, (2) are located within qualified urban infill
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areas, and (3) comply with applicable zoning, density, and design standards, the
proposed mixed -use development qualifies for a statutory exemption; and
WHEREAS, because the Project includes the required affordable housing
component, is located within a designated urban infill area, and meets all other AB
130 criteria, the City has determined that the Project is statutorily exempt from CEQA
pursuant to AB 130; and
WHEREAS, on October 28, 2025, a duly noticed public hearing was held before
the Planning Commission on said Project, at which time all interested persons were
given full opportunity to be heard and to present evidence; and
WHEREAS, on October 28, 2025, the Planning Commission reviewed the
project, heard the public testimonies, and then voted 3-2 to recommend denial of
the Project with Commissioners Wilander and Tallerico dissenting; and
WHEREAS, on November 18, 2025 a duly noticed public hearing was held
before the City Council on said application, at which time all interested persons were
given full opportunity to be heard and to present evidence.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA,
DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
SECTION 1. The factual data submitted by the Development Services
Department in the staff report dated November 18, 2025, are true and correct.
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SECTION 2. This Council finds that based upon the entire record, pursuant to
the Arcadia Development Code, all of the following findings can be made:
Minor Use Permit
1. The proposed use is consistent with the General Plan and any applicable
specific plan; and is allowed within the applicable zone, subject to the granting of a
Conditional Use Permit, and complies with all other applicable provisions of this
Development Code and the Municipal Code.
FACT: The Project site's General Plan land use designation is Downtown Mixed
Use ("DMU"), which permits mixed -use or stand-alone residential development when
affordable housing is provided, in accordance with the Land Use and Community
Design Element of the City's General Plan. Under this designation, mixed -use
development is encouraged to incorporate both residential and non-residential uses
that support one another within a pedestrian -oriented environment.
The proposed Alexan Arroyo Project is consistent with the DMU land use
designation. The Project includes 359 residential units and nine live/work units, with
the live/work component contributing toward the DMU zone's non-residential use
requirement. While the Project does not include traditional commercial uses, the
live/work units align with the policy intent to promote a blend of residential and non-
residential activity in the Downtown area.
The Project supports and implements several General Plan policies, including:
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Policy LU-1.1 - Promote new infill and redevelopment projects that are
consistent with the City's land use designations and compatible with surrounding
existing uses.
Policy LU-1.8 - Encourage development types that support transit and
other alternative forms of transportation, including bicycling and walking.
Policy LU-4.2 - Encourage residential development that enhances the
visual character, quality, and uniqueness of the City's neighborhoods and districts.
Overall, the proposal is consistent with the DMU land use designation, meets
the affordable housing conditions that enables stand-alone residential use, provides
live/work units as the non-residential component, and implements applicable
General Plan goals and policies, the project is consistent with the General Plan and
complies with the applicable zoning regulations.
2. The design, location, size, and operating characteristics of the proposed
activity will be compatible with the existing and future land uses in the vicinity.
FACT: The subject site is approximately 3.08 acres and is located within the
Downtown Mixed -Use ("DMU") zone. The site is situated in the City's downtown area
and is surrounded by a mix of commercial, light industrial, and residential uses. While
the project does not include traditional commercial space, it incorporates nine
live/work units and ground -floor residential services and amenities, which are
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consistent with the non-residential area provisions of the DMU zone and the policies
of the City's General Plan for this area.
The Project's height and mass exceed those of surrounding developments,
making it the tallest structure in the downtown area. However, the proposed height
is permitted under State Density Bonus Law, which allows waivers of development
standards when necessary to accommodate the increased density and inclusion of
affordable housing. Although the scale differs from nearby buildings, the design and
site planning incorporate step -backs, articulation, and transitional elements to
reduce visual impacts and better relate to the surrounding context.
The Project is consistent with the planned future land uses envisioned for the
DMU zone, which anticipates higher -density residential development supported by
pedestrian -oriented amenities and proximity to transit. Therefore, while the Project's
scale is greater than existing structures, it remains consistent with the regulatory
framework and planned character of the area.
3. The site is physically suitable in terms of:
a. Its design, location, shape, size, and operating characteristics of the
proposed use in order to accommodate the use, site improvements, loading, and
parking.
FACT: The 3.08-acre site is adequately sized and configured to accommodate
the proposed residential development with ground -floor live/work units. The Project
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provides two primary access points from Santa Anita Avenue and Rolyn Place,
directing project -related traffic onto local surface streets rather than major corridors.
The internal circulation system is designed to accommodate residents, visitors, and
service vehicles efficiently. A total of 454 on -site parking spaces will be provided,
exceeding the required parking under State Density Bonus Law. While no dedicated
loading docks are proposed, move -in and service vehicles can utilize internal drive
aisles and the fire lane, minimizing interference with public rights -of -way. The
building footprint and site design fit the parcel shape and support the proposed use.
For these reasons, this finding can be made.
b. Streets and highways are adequate to accommodate public and
emergency vehicle (e.g., fire and medical) access.
FACT: The Project site fronts Santa Anita Avenue and Rolyn Place, both of
which provide adequate width and pavement to carry emergency vehicles and
project -generated traffic. Access driveways are provided on both streets, and the
project includes a dedicated fire access lane adjacent to the Metro right-of-way. The
surrounding street network is adequate to accommodate the proposed use.
Therefore, this finding can be made.
C. Public protection services (e.g., fire protection, police protection, etc.).
FACT: The Fire and Police Departments have reviewed the Project and
determined that, with the required fire protection systems, hydrants, and access
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improvements, the proposed development will not adversely impact public
protection services. Adequate emergency vehicle access is provided via two two-way
drive aisles off Santa Anita Avenue and Rolyn Place, as well as a dedicated fire access
lane along the Metro Rail right-of-way.
d. The provision of utilities (e.g., potable water, schools, solid waste
collection and disposal, storm drainage, wastewater collection, treatment, and
disposal, etc.).
FACT: As part of the development, new utility connections, including
connections, including potable water and storm drainage, will be required.
Implementation of best management practices by the Applicant during construction
and operation would ensure impacts to water quality do not occur. If any upgrades
to existing infrastructure, including sewers, are necessary to accommodate the
Project, the Applicant will be required to contribute toward those improvements as
a condition of approval.
4. The measure of site suitability shall be required to ensure that the type,
density, and intensity of use being proposed will not adversely affect the public
convenience, health, interest, safety, or general welfare, constitute a nuisance, or be
materially injurious to the improvements, persons, property, or uses in the vicinity
and zone in which the property is located.
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FACT: The Project is not anticipated to be detrimental to the public health,
safety, or welfare of the surrounding area. The proposed residential development,
including ground -floor live/work spaces, is consistent with the types of uses
envisioned in the Downtown Mixed -Use ("DMU") zone, which supports higher -density
housing in proximity to commercial areas and transit.
While the Project exceeds the base height limit for the zone, the additional
height is permitted under State Density Bonus Law and is necessary to accommodate
the proposed density and required affordable housing. Without the height waiver,
the Project would not be physically or financially feasible, which would preclude the
delivery of needed housing, including units for very low-income households.
The Project has been conditioned to address potential operational impacts
related to construction, traffic circulation, and ongoing site activities. Additionally, the
building design incorporates height step-downs, articulation, and transitional
elements to reduce visual impacts and ensure compatibility with surrounding
development. These measures ensure that the Project's type, density, and intensity
of use will not create a nuisance or negatively affect surrounding properties, public
safety, or the general welfare. For these reasons, this finding can be made.
Tentative Tract Mal)
E-:
1. The proposed map, subdivision design, and improvements are
consistent with the General Plan, any applicable specific plan, and the Subdivisions
Division of the Development Code.
FACT: The proposed subdivision map, design, and associated improvements
the Project are consistent with the General Plan's Downtown Mixed Use ("DMU") land
use designation, which supports higher -density residential and mixed -use
development in the City's core.. The subdivision complies with applicable provisions
of the Subdivisions Division of the Development Code, including standards for lot
configuration, access, and public improvements.
The project layout has been designed to align with surrounding development
patterns and to integrate with existing street, utility, and storm drainage
infrastructure. Circulation and utility systems have been planned to adequately serve
the proposed density and use types. All required improvements will be constructed
in accordance with City standards.
Therefore, the proposed map and subdivision design are consistent with the
General Plan, the applicable zoning and development regulations, and the standards
of the Subdivisions Division of the Development Code.
2. The site is physically suitable for the type and proposed density of
development.
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FACT: The 3.08-acre site is physically suitable to accommodate the proposed
359-unit residential development, including 35 very low-income units, at a density of
approximately 115 units per acre. This exceeds the base DMU density of 80 units per
acre but is permitted under State Density Bonus Law, which allows increased density
and related concessions when affordable housing is provided. The building massing
has been designed to transition toward the adjacent single-family neighborhood by
stepping down to seven stories at the western side of the development. Building
setbacks, access points, and internal circulation patterns are appropriately designed
for the site configuration. The site is generally level, has no physical constraints, and
is served by existing infrastructure, making it physically suitable for the proposed use
and density. Therefore, this finding can be made.
3. The design of the subdivision and the proposed improvements are not
likely to cause substantial environmental damage or substantially and avoidably
injure fish or wildlife or their habitat.
FACT: The proposed tentative tract map involves the consolidation of six legal
lots into a single parcel to facilitate a high -density residential development within an
urbanized area. The Project site is currently developed and located within the City's
Downtown core, which is fully built out with existing infrastructure, paved streets,
and surrounding urban uses.
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No sensitive biological resources, natural habitats, wetlands, or watercourses
are present on the site or in the immediate vicinity. Because the Project is not located
in or near an environmentally sensitive area, it is not expected to cause substantial
environmental damage or result in harm to fish, wildlife, or their habitats.
Any potential construction -related impacts such as noise, dust, or runoff will
be temporary and minimized through required best management practices ("BMPs")
Therefore, the design of the subdivision and associated improvements will not
result in substantial or avoidable environmental damage and will not significantly
impact fish, wildlife, or habitat.
4. The design of the subdivision or type of improvements is not likely to
cause serious public health or safety problems.
FACT: The proposed subdivision consolidates six lots together as one parcel
to facilitate development. Construction of the Project will comply fully with all the
applicable Building, Fire, and Safety Codes, as well as other relevant regulations. The
City's existing infrastructure, including roads, water, sewer, and emergency services,
is sufficient to support the new development. Furthermore, the Project has been
designed and conditioned to meet all public health and safety standards, and it is.not
expected to create any significant health or safety concerns for the community.
5. The design of the subdivision or the type of improvements will not
conflict with easements acquired by the public at large for access through or use of,
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property within the proposed subdivision (This finding shall apply only to easements
of record or to easements established by judgement of a court of competent
jurisdiction and no authority is hereby granted to a legislative body to determine that
the public at large has acquired easements for access through or use of property
within the proposed subdivision).
FACT: The Project does not encroach upon or interfere with any existing
public easements of record or court -established easements. In fact, the Project
includes provisions for new easements and public dedications to ensure adequate
sidewalk access along N. Santa Anita Avenue and Rolyn Place. Therefore, no conflicts
with public easements or rights of access are anticipated.
6. The discharge of sewage from the proposed subdivision into the
community sewer system will not result in violation of existing requirements
specified by the California Regional Water Quality Control Board.
FACT: The existing sewer infrastructure along Santa Anita Avenue currently
has limited capacity to serve new development. To address this, the Applicant will be
responsible for paying their contributions toward necessary improvements to sewer
system as required by the City's Public Works Department. These improvements will
be coordinated to accommodate the Project and future development in the area. The
Project will comply with all applicable requirements of the California Regional Water
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Quality Control Board to ensure that sewage discharge does not violate water quality
standards. Therefore, this finding can be made.
7. That the proposed design and site improvements of the subdivision
conform to the regulations of this Development Code and the regulations of any
public agency having jurisdiction by law.
FACT: The subdivision design, including lot layout, access, and dedications,
complies with applicable provisions of the Arcadia Development Code, including the
Downtown Mixed Use ("DMU") zone standards and Subdivision Division. The Project
will also adhere to the requirements and conditions set forth by all relevant public
agencies, including the City's Engineering Division, Public Works Services
Department, and City's Fire Department. Therefore, this finding can be made.
Site Plan & Design Review
Section 9107.19.050(F) of the Development Code requires that following findings
must be met for the approval of the design.
1. The proposed development will be in compliance with all applicable
development standards and regulations in the Development Code.
FACT: The Project complies with the applicable development standards of the
Downtown Mixed Use ("DMU") zone as modified through the provisions of California
Density Bonus Law (Government Code Section 65915). The proposed development
includes 359 residential units at a density of approximately 115 units per acre,
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exceeding the base maximum of 80 units per acre. The proposed building height of
90 feet 8 inches also exceeds the maximum 60-foot height limit allowed under base
zoning standards. However, both the increased density and height waiver are
permitted under State Density Bonus Law in exchange for the provision of affordable
housing and are therefore considered compliant.
The Project also includes one concession under State Density Bonus Law to
allow all affordable units to be studio units, which is not otherwise permitted under
the City's Development Code. This concession facilitates the inclusion of affordable
housing units while maintaining the Project's design and feasibility.
In addition, the Project meets other applicable development standards,
including floor area ratio ("FAR"), setbacks, and parking through the density bonus
provisions. Therefore, the proposed development is in compliance with all applicable
development standards and regulations of the Development Code. This finding can
be made.
2. The proposed development will be consistent with the objectives and
standards of the applicable Design Guidelines.
FACT: The Project incorporates several features consistent with the City's
Design Guidelines, including articulated building fa4ades, varied massing, recessed
balconies, and the use of high -quality materials to break down the building's visual
bulk and add interest. Setbacks along Santa Anita Avenue, Rolyn Place, and adjacent
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property lines provide appropriate transitions to surrounding uses. At the street
level, live/work units, leasing space, and residential amenities create active and
transparent frontages that support pedestrian activity. Landscaping and streetscape
improvements are integrated throughout the site to complement the surrounding
urban context and enhance the public realm. Collectively, these features align with
the Mixed -Use Objective Development Standards and Design Guidelines to enhances
an area's unique character and sense of place, respects existing neighborhood
compatibility and privacy, and ensures a high -quality living environment. Therefore,
this finding can be made.
3. The proposed development will be compatible in terms of scale and
aesthetic design with surrounding properties and developments.
FACT: The proposed seven- to eight -story building, with a maximum height of
90 feet 8 inches, will be significantly taller than surrounding existing development
and will be the tallest structure in the downtown area. The additional height is
permitted through a waiver under State Density Bonus Law (Government Code
Section 65915), which allows exceptions to local development standards, including
building height, when necessary to accommodate additional density and affordable
housing units.
While the Project is larger in scale than nearby buildings, its design has been
intentionally designed to promote visually compatibility and reduce massing
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impacts. Step -backs at upper floors, facade modulation, and the use of varied
materials help break up the building's scale and provide architectural interest.
Setbacks along Santa Anita Avenue (3'-7" ), the north property line (19'-10"), and the
south property line (12'-5") create visual separation from adjacent properties and
help ease the transition to lower scale development.
At the street level, active frontages such as live/work units and residential
amenities enhance pedestrian engagement and contribute to the evolving mixed -
use, transit -oriented character envisioned for the Downtown Mixed Use ("DMU")
zone. Although the building height exceeds that of existing structures, the Project's
architectural design, mass transitions, and pedestrian -focused ground floor
treatment ensure that it is compatible in scale and aesthetic character with
surrounding development and the City's broader goals for the downtown area. For
these reasons, this finding can be made.
4. The proposed development will have an adequate and efficient site
layout in terms of access, vehicular circulation, parking and landscaping.
FACT: The site layout is designed to function efficiently, with two two-way
driveways providing vehicular access from Santa Anita Avenue and Rolyn Place.
Internal circulation has been reviewed by the City Engineer and found to be adequate
to serve the development. Parking is provided within a three -level garage located
above grade, with clear internal circulation and minimal dead-end aisles.
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Landscaping is distributed along frontages, within courtyards, and on roof decks to
provide visual relief and usable open space. The Project's site plan demonstrates
efficient circulation, parking layout, and landscape integration. Therefore, the site will
be adequate in terms of parking and circulation.
The proposed site layout provides efficient and adequate access, circulation,
parking, and landscaping to support the development. Vehicular access is provided
via both two-way driveways - one from Santa Anita Avenue and one from Rolyn Place
- ensuring convenient ingress and egress. Internal circulation has been reviewed and
deemed sufficient by the City Engineer, with the layout supporting clear vehicle
movement and emergency access.
Parking is accommodated within a three -level above -grade garage, designed
with logical circulation patterns and minimal dead-end aisles to enhance
functionality. Landscaping is thoughtfully integrated throughout the site, including
along public frontages, within private courtyards, and on rooftop decks, contributing
both to visual relief and the provision of usable open space for residents.
Overall, the Project demonstrates an efficient and well -organized site layout
that meets the City's standards for access, vehicular circulation, parking, and
landscape design.
5. The proposed development will be in compliance with all of the
applicable criteria identified in Subparagraph 9107.19.040.C.5 for compliance with
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the Development Code and all other applicable City regulations and policies, the
General Plan and any applicable specific plan, the Design Guidelines, policies and
standards, and efficient site and layout design.
FACT: The proposed development meets all applicable requirements of the
Development Code, General Plan, and relevant City policies, design guidelines, and
objective development standards specific to the Downtown Mixed Use ("DMU") zone.
The Project reflects the City's goals for a higher -density, pedestrian -oriented urban
environment near transit, consistent with the Land Use Element and Downtown
vision.
Although the building exceeds the scale of surrounding development, its
design is consistent with the evolving character anticipated for the area. The Project
includes design features such as vertical and horizontal articulation, varied materials,
and meaningful setbacks to visually break down the building's mass and provide
interest at the pedestrian level. Active frontages, including live/work units and
enhanced landscaping along public frontages, contribute to a more engaging and
walkable streetscape. Podium -level open spaces and rooftop amenities further
support the Project's functionality and livability.
The site layout accommodates efficient vehicular access from both Santa Anita
Avenue and Rolyn Place, with clearly organized internal circulation and structured
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parking. Landscaping is integrated throughout the site to soften building edges and
enhance the pedestrian experience.
The Applicant/Property Owner shall comply with all applicable City
requirements related to disabled access, occupancy limits, building and fire safety,
health code standards, environmental regulations, and parking and site design, to
the satisfaction of the Building Official, City Engineer, Deputy Development Services
Director, Fire Marshal, Public Works Services Director, or their respective designees.
Overall, the Project demonstrates compliance with the objective criteria
outlined in Section 9107.19.040.C.5 and supports the City's broader planning goals
for a vibrant, mixed -use downtown core. Therefore, this finding can be made.
Density Bonus
Pursuant to Development Code Section 9103.15.040, the City Council must
make the following findings to approve a Density Bonus project.
1. The project will be consistent with the General Plan, except as provided
by this Section with regard to maximum density, density bonuses, and other
incentives and concessions.
FACT: The Project is located within the Downtown Mixed -Use designation,
which allows higher density residential development near transit. The Project
implements General Plan policies supporting infill housing, downtown revitalization,
and expanding affordable housing opportunities. The Project includes 359
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residential units, 35 of which are affordable units for very low-income households,
thereby contributing to the City's Regional Housing Needs Allocation ("RHNA"). Where
the Project exceeds local development standards, such modifications are permitted
under State Density Bonus Law. The Project is also consistent with the intent of the
Housing Accountability Act (Government Code Section 65589.5), which protects
qualifying housing developments that comply with objective standards. Therefore,
the Project is consistent with the General Plan, except where State Density Bonus
Law authorizes deviations from local standards.
2. The approved number of dwellings can be accommodated by existing
and planned infrastructure capacities.
FACT: The site is located on two public streets (Santa Anita Avenue and Rolyn
Place) with adequate traffic capacity and dual access points. The City's Fire
Department has reviewed the plans and confirmed that adequate fire lanes,
emergency access, hydrant placement, and standpipe/sprinkler systems will be
provided.
Sewer, water, electricity, and communications utilities already serve the site.
Any necessary system upgrades or fair -share improvements required to
accommodate the Project will be completed and a condition of approval to this effect
has been proposed. The Project exceeds State -required parking and includes bicycle
parking and all required EV infrastructure.
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With these improvements, existing and planned public services and utilities
are expected to adequately support the Project.
3. Adequate evidence exists to indicate that the project will provide
affordable housing in a manner consistent with the purpose and intent of this
Section.
FACT: The Project includes 35 units restricted for Very Low -Income
households, which represents approximately 14% of the base density. These units
qualify the Project for a State density bonus under Government Code 65915. The
affordable units will be restricted for a minimum of 55 years through a recorded
affordability covenant, consistent with State requirements.
The affordable units are distributed throughout the building and will be
constructed, marketed, and operated in compliance with Housing Element policies,
State regulatory requirements, and the City's Density Bonus ordinance. The Project
also supports the City's progress toward meeting its Regional Housing Needs
Allocation for Very Low -Income households.
The Project is consistent with the purpose and intent of the Density Bonus
Ordinance, Government Code Section 65915, and the Housing Accountability Act
(Government Code Section 65589.5). An Affordable Housing Agreement will be
executed to ensure long-term compliance with these requirements; therefore, the
Project complies with this finding.
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4. In the event that the City does not grant at least one financial concession
or incentive as defined in Government Code Section 65915 in addition to the density
bonus, that additional concessions or incentives are not necessary to ensure
affordable housing costs as defined in Health and Safety Code 50052.5, or for rents
for the targeted units to be set as specified in Government Code Section 65915(c).
FACT: The Applicant has requested one concession to allow the 35 affordable
units to be constructed as studio units, and one development standard waiver to
permit the building to exceed the 60-foot height limit in the Downtown Mixed Use
("DMU") zone. No additional concessions, incentives, or waivers have been
requested.
State Density Bonus Law (Government Code Section 65915) requires the City
to grant only the concessions and waivers needed to make the affordable units
feasible. Based on the information provided, the requested concession and waiver
adequately support the production of the Very Low -Income units at regulated rent
levels, and no additional concessions or incentives are required.
5. There are sufficient provisions to guarantee that the units will remain
affordable for the required time period.
FACT: The affordable housing units for Very Low -Income will be secured
through a recorded Affordable Housing Covenant Agreement, which will run with the
land and be enforceable by the City. The agreement will specify the number of units,
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household income restrictions, method of calculation for maximum rents, and
minimum affordability term of 55 years, consistent with State Density Bonus Law.
The covenant will ensure ongoing compliance with all applicable State and local
requirements and will be executed prior to issuance of a Certificate of Occupancy.
Therefore, there are sufficient provisions to guarantee that the units will remain
affordable for the required time period.
Removal of a Healthy Protected Tree
The following findings are required for the approval of the removal of a healthy
protected tree per Development Code Section 9110.01.070.A.2.
1. Removal of a Healthy Protected Tree:
FACT: The removal of one protected Coast Live Oak (Tree No. 48) is necessary
to accommodate the proposed Project. As documented in the Arborist Report
(Attachment No. 6), this tree is located within the proposed 26-foot-wide fire lane
along the northern portion of the site. Construction of the fire lane will require
grading and installation of pavement and underground utilities that would directly
impact the tree's root zone, making preservation infeasible. The Arborist concluded
that the tree would not survive due to the extent of the necessary excavation and
compaction associated with fire -lane construction.
To mitigate the removal of the protected tree, the Project is conditioned to
provide replacement trees consistent with the Arcadia Development Code, which
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requires at least two 36-inch-box Coast Live Oak trees for each protected tree
removed. These replacement trees will be incorporated into the final landscape plan
to help restore canopy coverage and preserve the site's environmental and aesthetic
value.
Therefore, removal of the healthy protected tree is warranted to
accommodate essential site and life -safety improvements associated with the
proposed development and remains consistent with the intent of Development Code
Section 9110.01.070.
SECTION 3. Pursuant to the provisions of the California Environmental
Quality Act ("CEQA"), the Tentative Tract Map qualifies for a Class 32 Categorical
Exemption as an urban infill project under Section 15332 of the CEQA Guidelines.
Additionally, pursuant to Public Resources Code Section 21080(b)(1), the mixed -use
development is statutorily exempt from CEQA under Assembly Bill 130 ("AB 130").
SECTION 4. For the foregoing reasons, that the City Council find the Tentative
Tract Map categorically exempt from CEQA pursuant to Section 15332 (Class 32 -
Infill Development) and the mixed -use development statutorily exempt under
Assembly Bill 130 ("AB 130"), and approve Minor Use Permit No. MUP 23-10, Tentative
Tract Map No. TTM 23-04, Architectural Design Review No. ADR 23-12, Certificate of
Demolition No. COD 23-32, and Healthy Protected Tree Permit No. TRH 25-13 to
consolidate six parcels into one and to construct the Alexan Arroyo mixed -use
development at 325 North Santa Anita Avenue, consisting of 324 market -rate units,
35 very low-income affordable units, and nine live/work units, including the removal
of one protected Coast Live Oak tree, subject to the conditions of approval attached
hereto.
SECTION 5. The Secretary shall certify to the adoption of this Resolution.
Passed, approved and adopted this 18th day of NovembVr, 2025.
ATTEST:
ez�
City Clerk
APPROVED AS TO FORM:
Michael J. Maurer
City Attorney
Mayor of the City of Arcadia
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) SS:
CITY OF ARCADIA )
I, LINDA RODRIGUEZ, City Clerk of the City of Arcadia, hereby certifies that the
foregoing Resolution No. 7661 was passed and adopted by the City Council of the City
of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting
of said Council held on the 18th day of November, 2025 and that said Resolution was
adopted by the following vote, to wit:
AYES: Cao, Cheng, and Fu
NOES: Wang and Kwan
ABSENT: None
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( ezL k�
City Clerk of the City of Arcadia
RESOLUTION NO. 7661
Conditions of Approval
Planning
1. The Project shall be developed and maintained by the Property
Owner/Applicant in a manner that is consistent with the approved plans for
Minor Use Permit No. MUP 23-10, Tentative Tract Map No. TTM 23-04, Site Plan
and Design Review No. ADR 23-12, and Certificate of Demolition No. COD 23-
32 and Healthy Protected Tree Permit No. TRH 25-13, subject to the
satisfaction of the Deputy Development Services Director or their designee.
Noncompliance with the Conditions of Approval shall be grounds for
immediate suspension or revocation of any approvals. Minor changes to the
Project, may be approved administratively by the Deputy Development
Services Director at their discretion.
2. The final landscape and irrigation plan shall be prepared by a licensed
landscape architect and submitted to Building Services for plan check. The
plan must comply with Water Efficiency Landscape Ordinance and receive
approval from the Planning Division prior to the issuance of any building
permits.
3. The final landscape plan submitted to Building Services for plan check shall
include at least two (2) Coast Live Oak trees, each with a minimum box size of
36 inches. The placement of these trees shall be determined by a licensed
landscape architect and subject to approval by the Deputy Development
Services Director or their designee prior to issuance of a building permit for
the development.
4. The Applicant/Property Owner shall maintain and preserve Tree No. 19, a
protected Coast Live Oak located at the northwest corner of the project site.
The tree shall be protected throughout all construction activities, including
installation of the recommended protective fencing and measures identified
in the arborist report. Any activity that may impact the tree's roots, trunk, or
canopy shall require prior approval in accordance with the City's Tree
Ordinance.
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5. All proposed mechanical equipment, including but not limited to roof -
mounted equipment, shall be fully screened from public view and not visible
from the public right-of-way in accordance with the requirements in the City's
Development Code. Screening materials shall be architecturally integrated
with the building design and will be reviewed and approved during building
plan check.
6. All exterior lighting shall be designed to prevent glare, light trespass, and
spillover onto adjacent properties. Lighting fixtures shall be shielded and
directed downward. Lighting plans shall be subject to review and approval by
the Planning Division during building plan check.
7. All exterior signage shall comply with the City's Development Code. A separate
sign permit shall be required for any proposed signage.
8. All screen walls, fences, and gates shall be constructed in accordance with the
approved plans and shall comply with the maximum height and design
standards of the Arcadia Development Code. Any modification to materials,
height, or location shall require review and approval by the Planning Division.
9. The Applicant/Property Owner shall comply with all applicable provisions of
the State Density Bonus Law (Government Code Section 65915), including
maintaining the required number, type, and affordability levels of restricted
units for the duration required by law. Prior to the issuance of any building
permits, the Applicant shall enter into a Density Bonus and Affordable Housing
Agreement with the City, which shall be recorded against the property to
ensure long-term compliance.
10. Ongoing maintenance of all buildings, landscaping, open spaces, fences, walls,
and on -site amenities shall be the responsibility of property management in
accordance with the recorded Covenants, Conditions & Restrictions (CC&Rs).
The CC&Rs shall include provisions requiring regular maintenance consistent
with the approved plans and City standards. Failure to maintain the property
as required may result in enforcement action by the City.
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11. The Applicant/Property Owner shall install and maintain wayfinding and
directional signage within the site for vehicles and pedestrians, including clear
markings for visitor parking, loading zones, and EV charging spaces, subject to
review during building plan check.
12. Prior to the issuance of a Certificate of Occupancy, the Applicant/Property
Owner shall install clear and visible on -site signage directing visitors to the on -
site parking garage and advising residents and guests of the City's existing
overnight parking restrictions.
13. The Applicant/Property Owner shall implement best management practices
(BMPs) for stormwater management during construction and operation,
consistent with City and Regional Water Quality Control Board requirements.
14. The Final Tract Map must be recorded prior to the issuance of any building or
foundation permits for the mixed -use development. The map shall include all
required dedications and easements along Santa Anita Avenue and Rolyn
Place to the satisfaction of the City Engineer.
15. The Applicant/Property Owner shall pay its fair share contribution toward any
infrastructure upgrades required to serve the project, including but not limited
to the sewer line upsizing project on Santa Anita Avenue. The scope of
required improvements and the Applicant's proportional share shall be
determined by the Public Works Services Department during plan check. No
building permits shall be issued until the required contribution has been
determined by Public Works Services Director.
16. The Property Owner/Applicant shall file a Notice of Intent (NOI) with the State
Water Resources Control Board for a General Construction NPDES Permit, due
to the proposed project exceeding one acre of disturbed land. The NOI must
include items such as the preparation of a Stormwater Pollution Prevention
Plan, applicable fees, and other required documentation. The City will not
approve any grading plans until a Waste Discharger Identification number has
been issued by the State.
W
17. The Applicant/Property Owner shall submit a haul route map and staging plan
to Planning Services for review and approval prior to issuance of a grading
permit.
18. All above ground utilities serving the site shall be removed, including all utility
poles along property boundaries, and all new utility services shall be placed
underground.
19. At the time of plan submittal to Building Services for plan check, the final site
plan shall show the location of the backflow prevention device and any
transformer. Appropriate screening may be required, depending on the
location of these utilities.
20. Prior to issuance of a building permit, the Applicant/Property Owner shall
coordinate with Metro and take all necessary measures to ensure the
construction shall not disrupt the operation and maintenance activities of the
Metro A line or the structural and systems integrity of Metro's light rail
infrastructure.
Building
21. 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
Fire Department
22. Prior to issuance of a Certificate of Occupancy by the Building Division, the
building shall have the following fire and life safety systems fully installed,
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tested, and approved. Each system shall require a separate permit from the
Fire Department and is subject to review and approval by the Fire Marshal:
a. Automatic fire sprinkler system
b. Fire alarm system
C. Emergency responder radio coverage system
d. Two-way communication system
23. Prior to issuance of a Certificate of Occupancy by the Building Division, Class I
standpipes shall be installed within all stairwells and shall extend to the roof
level, subject to review and approval by the Fire Department in accordance
with applicable fire and building codes.
24. New public and private fire hydrants shall be installed as shown on the
approved site plan that is submitted to the Building Division for plan -check. All
hydrant locations and specifications shall comply with applicable fire code
requirements. Final placement and installation details shall be verified during
plan check and prior to issuance of a Certificate of Occupancy by the Building
Division. The hydrants shall be located at:
a. Three (3) public hydrants on Rolyn Place
b. One (1) public hydrant on Santa Anita Avenue
C. Two (2) private hydrants on the north access road
25. All exit stairwells that do not discharge directly to the exterior shall be provided
with a protected exterior access route leading to an access road at grade, in
compliance with applicable fire and building code requirements. Final design
shall be subject to review and approval by the Fire Department during plan
check.
26. Knox boxes shall be installed at the main building entrance and at all exterior
stairwell entrances. Knox switches shall be provided for any automatic
vehicular gates.
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27. Standby power shall be provided for a minimum of one elevator in each
elevator bank.
28. A minimum of one (1) Emergency Medical Services (EMS) elevator shall be
provided at each elevator bank, in compliance with applicable Fire Codes.
29. A minimum fire flow of 2,000 gallons per minute (gpm) at 20 pounds per
square inch (psi) residual pressure shall be provided, in accordance with
applicable fire code standards. Verification of fire flow capacity shall be
required prior to issuance of building permits.
30. Prior to issuance of a Certificate of Occupancy by the Building Division, the
Applicant/Property Owner shall pay a fair -share contribution toward the City's
traffic mitigation system for all areas impacted by the Project. The amount and
scope of the contribution shall be based on the findings of an approved traffic
study.
Engineering
31. A. Prior to recordation of the Final Map, the Applicant/Property Owner shall
enter into an Offsite Improvement Agreement with the City and provide the
required cost estimate and improvement bonds, subject to the City Engineer's
approval
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B. Prior to Certificate of Occupancy by the Building Division, the
Applicant/Property Owner shall remove and replace existing curb and gutter
and sidewalk along the property frontages on Santa Anita Avenue and Rolyn
Place, subject to the City Engineer approval
32. Prior to recordation of the Final Tract Map, the Applicant/Property Owner shall
also dedicate the necessary right-of-way along Santa Anita Avenue to establish
a consistent 10-foot (10') width from the north to the south property line.
Additionally, a five-foot (5) dedication shall be provided along the Rolyn Place
frontage to achieve .a 10-foot (10') right-of-way width from the north to the
south property line, as approved by the City Engineer. These dedications shall
be depicted on the Final Tract Map prior to approval by the City Council.
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33. Prior to Certificate of Occupancy by the Building Division, the path of travel
around the tree on Rolyn Place shall be removed and reconstructed to ensure
ADA compliance and safe pedestrian circulation. Existing Easement on Rolyn
Place for public sidewalk purposes shall be reconfigured to include the path of
travel around the tree and may be depicted on the Final Tract Map prior to
approval by the City Council. Alternatively, the easement may be shown per
separate documents (Legal Description and Plat Map) submitted to the City
Engineer for review and approval
34. Prior to Certificate of Occupancy by the Building Division, all existing driveway
approaches shall be removed and reconstructed per City Standard 801-1. Each
approach shall include ADA compliant sidewalk access and transitions. In
addition, a two -foot (2') wide easement shall be provided at each driveway
approach for public sidewalk purposes and may be depicted on the Final Tract
Map prior to approval by the City Council. Alternatively, the easements may
be shown per separate documents (Legal Description and Plat Map) submitted
to the City Engineer for review and approval.
35. The Applicant/Property Owner shall prepare a Low Impact Development (LID)
Plan in compliance with the Los Angeles County Department of Public Works
2014 LID Standard Manual. All selected LID measures shall be incorporated
into the grading and drainage plans, subject to review and approval by the City
Engineer prior to issuance of any grading or building permits.
36. At the time of building plan -check submittal, the Project shall include a
Stormwater Pollution Prevention Plan (SWPPP) prepared in accordance with
all applicable City and regional requirements. A copy of the SWPPP, including
the Waste Discharge Identification Number (WDID#), shall be submitted to the
City's Engineering Division prior to building permit issuance.
37. At the time of building plan -check submittal, a grading and drainage plan,
erosion control plan, and hydrology report shall be submitted for review and
approval to the City's Engineering Division. The plans and report shall
demonstrate compliance with all applicable City grading, drainage and
stormwater management standards.
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38. At the time of building plan -check submittal, a soils and geotechnical report
shall be prepared and submitted for review and approval by the City's
Engineering Division. Approval of the report is required prior to the start of
any construction to ensure safe and stable site development.
39. The Applicant shall be responsible for repairing all asphalt street frontages
from property line to property line for any damage caused by development
activities, including but not limited to trench cuts and construction traffic, per
the direction of the City Engineer.
Public Works Services
40. The development shall connect to the existing 30-inch welded steel water main
with 51 psi static pressure located on the east side of Santa Anita Avenue, and
the existing 8-inch cast iron water main with 51 psi static pressure located on
Rolyn Place. Both mains may be used to serve domestic water and/or fire
protection needs. Due to the static pressure and the proposed building height,
the need for a booster pump system shall be evaluated during building plan
check. If required, the booster system shall be designed and installed to the
satisfaction of the City Engineer and Fire Department.
41. At the time of building plan -check submittal, the Applicant/Property Owner
shall provide water demand calculations, prepared by a licensed Civil or
Mechanical Engineer, demonstrating the maximum domestic and fire flow
demands to verify the appropriate water service size for the Project.
42. The Applicant/Property Owner shall provide separate water services and
meters for each individual structure, including dedicated water services for
residential, commercial, and irrigation uses as applicable.
43. Domestic water service for residential developments shall be provided by
common master meter equipped with an approved reduced pressure
backflow device for meter services protection.
44. A separate landscape meter is required for landscape irrigation in common
areas. The backflow preventer shall be Reduce Pressure Backflow Assembly as
approved by the Public Works Services Department prior to issuance of a
building permit.
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45. Fire protection requirements shall be stipulated by the Arcadia Fire
Department and shall be confirmed to Arcadia Standard Plan. A separate fire
service with Double Check Detector Assembly (DCDA) shall be installed for fire
service required.
46. A Water Meter Permit Application shall be submitted to the Public Works
Services Department prior to final plan check approval.
47. The Applicant/Property Owner shall provide new water services installations.
Installation shall be according to the specifications of the Public Works Services
Department, Engineering Section. Abandonment of the existing water
services, if necessary shall be by the Applicant/Property Owner, according to
the Public Works Services Department, Engineering Section specification.
48. Trash/recycling bins shall be configured to provide easy access for trash
collection services. There should be a minimum of one foot (1') of foot
clearance around the trash bins/recycling bins and all bins/carts shall meet the
specifications of the Public Works Services Department. At a minimum, trash
enclosure areas should accommodate three containers: a 3-yard bin for trash,
3-yard bin for recycling, and 69/96 gallon sized carts for organics recycling. The
roof clearance for the trash enclosure must be at least 10 feet high.
Cultural Resources
49. The Applicant/Property Owner shall retain a Native American Monitor from or
approved by the Gabrieleno Band of Mission Indians - Kizh Nation, prior to
commencement of any ground -disturbing activities (i.e., both on -site and any
off -site locations that are included in the Project description/definition and/or
required in connection with the Project, such as public improvement work).
"Ground -disturbing activity" shall include, but is not limited to, demolition,
pavement removal, potholing, auguring, grubbing, tree removal, boring,
grading, excavation, drilling, and trenching.
A copy of the monitoring agreement executed with Gabrieleno Band of
Mission Indians - Kizh Nation shall be submitted to the City's Planning Division
prior to commencement of any ground -disturbing activity, or the issuance of
any permit necessary to commence a ground -disturbing activity.
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50. The Gabrieleno Band of Mission Indians - Kizh Nation shall conduct
monitoring during ground -disturbing activities and complete daily monitoring
logs. These logs will document relevant construction activities, locations of
disturbance, soil types, cultural materials, and any other information of
significance to the Tribe. The logs will specifically identify and describe any
discovered Tribal Cultural Resources (TCRs), including Native American
cultural and historical artifacts, remains, places of significance, as well as any
ancestral human remains and associated burial goods. Copies of the
monitoring logs will be made available to the Applicant/Property Owner or the
City upon written request to the Tribe.
51. On -site tribal monitoring shall conclude upon the later of the following: (1)
written confirmation from the Applicant/Property Owner or the City to the
Gabrieleno Band of Mission Indians - Kizh Nation that all ground -disturbing
activities and related phases at the Project site are complete; or (2) written
notification from the Gabrieleno Band of Mission Indians - Kizh Nation to the
Applicant/Property Owner or the City confirming that no future planned
construction activities or development phases at the Project site have the
potential to impact Kizh Tribal Cultural Resources (TCRs).
52. Upon discovery of any Tribal Cultural Resources (TCRs), all construction
activities within at least a 50-foot radius of the find shall cease immediately
and shall not resume until the Gabrieleno Band of Mission Indians - Kizh
Nation monitor and/or Kizh's archaeologist has fully assessed the resource.
The Tribe shall recover and retain all discovered TCRs in the manner and for
the purposes it deems appropriate, including educational, cultural, and
historic uses, at its sole discretion.
53. In the event human remains or associated funerary objects are encountered
during any ground -disturbing activities:
a. Native American human remains are defined in PRC 5097.98 (d)(1) as an
inhumation or cremation, and in any state of decomposition or skeletal
completeness. Funerary objects, also referred to as grave goods under
Public Resources Code Section 5097.98, shall be treated according to
the same statute.
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b. If Native American human remains and/or grave goods are discovered
or recognized on the Project site, then all ground -disturbing in the
vicinity of the discovery shall cease immediately. Pursuant to Health and
Safety Code Section 7050.5, the discovery shall be reported to the Los
Angeles County Coroner. No further work shall occur in that area until
the Coroner has made a determination regarding the nature of the
remains. If the Coroner determines or has reason to believe the remains
are those of a Native American, the Coroner shall contact the Native
American Heritage Commission (NAHC) within 24 hours, and the
procedures outlined in PRC § 5097.98 shall be followed.
C. All human remains and grave or burial goods shall be treated alike in
accordance with California Public Resources Code section 5097.98(d)(1)
and (2).
d. Construction activities may resume in other areas of the Project site at
a minimum of 200 feet away from the discovery if, in the sole discretion
of the Gabrieleno Band of Mission Indians - Kizh Nation, it is determined
that resuming such activities at that distance is appropriate. The Kizh
Nation shall provide any measures it deems necessary to the
Applicant/Property Owner and the City prior to resumption of work.
e. Preservation in place (i.e., avoidance) is the preferred method of
treatment for discovered human remains and/or burial goods. Any
historic archaeological material that is not Native American in origin
(non-TCR) shall be curated at a public, non-profit institution with a
research interest in the materials (e.g. Natural History Museum of Los
Angeles County or the Fowler Museum) provided such an institution
agrees to accept the material. If no institution accepts the
archaeological material, it shall be offered to a local school or historical
society in the area for educational purposes.
f. Any discovery of human remains/burial goods shall be kept confidential
to prevent further disturbance.
54. If, in accordance with Public Resources Code § 5097.98 and all applicable
regulatory procedures, the Gabrieleno Band of Mission Indians - Kizh Nation
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is identified by the Native American Heritage Commission (NAHC) as the Most
Likely Descendant (MLD) for any discovered Native American human remains
or associated funerary objects on the Project site, the following requirements
shall apply:
a. If the Gabrieleno Band of Mission Indians - Kizh Nation is identified as
the Most Likely Descendant (MLD), the Tribe's Koo-nas-gna Burial Policy
shall be implemented. For the Tribe, the term "human remains"
encompasses more than skeletal material and includes associated
cultural and ceremonial elements. Tribal traditions may include, but are
not limited to, preparation of the soil for burial, the inclusion of funerary
objects, and the ceremonial burning of remains. All treatment of human
remains and associated items shall be carried out in accordance with
the Tribe's customs and practices, and in consultation with the MLD.
b. If the discovery of human remains includes four or more burials, the
discovery location shall be treated as a cemetery, and a separate
treatment plan shall be created.
C. The prepared soil and cremation soils are to be treated in the same
manner as bone fragments that remain intact. Associated funerary
objects are objects that, as part of the death rite or ceremony of a
culture, are reasonably believed to have been placed with individual
human remains either at the time of death or later; other items made
exclusively for burial purposes or to contain human remains can also
be considered as associated funerary objects. Cremations will either be
removed in bulk or by means as necessary to ensure complete recovery
of all sacred materials.
d. If discovered human remains cannot be fully documented and
recovered on the same day, the remains shall be respectfully covered
with muslin cloth and protected with a steel plate capable of being
moved by heavy equipment, placed over the excavation area. If a steel
plate is not available, a 24-hour security guard shall be posted to protect
the site outside of working hours. The Gabrieleno Band of Mission
Indians - Kizh Nation, as the Most Likely Descendant (MLD), shall make
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every effort to recommend Project design modifications to allow the
remains to be preserved in situ. If project diversion is not feasible, and
upon consultation with the MLD, removal of the remains may proceed
in accordance with applicable laws and Tribal protocols.
e. In the event preservation in place is not feasible despite good faith
efforts by the Applicant/Property Owner, no ground -disturbing activities
shall resume until the property owner, in consultation with the Most
Likely Descendant (MLD), has arranged for a designated reburial
location within the Project site footprint. This location shall be used for
the respectful reinterment of any human remains and/or ceremonial
objects, consistent with the cultural protocols of the Gabrieleno Band of
Mission Indians - Kizh Nation.
f. If human remains or associated funerary objects are discovered, each
occurrence shall be respectfully stored in opaque cloth bags. All human
remains, funerary objects, sacred objects, and objects of cultural
patrimony shall be relocated to a secure on -site container, if feasible.
These items shall be reburied within six (6) months of recovery, at a
location on the Project site mutually agreed upon by the Tribe and the
Applicant/Property Owner. The reburial site shall be protected in
perpetuity and not subject to future disturbance. No public disclosure
or publicity regarding the discovery or nature of these cultural materials
shall occur.
g. In the event data recovery is necessary, the Gabrieleno Band of Mission
Indians - Kizh Nation shall work in close coordination with a qualified
archaeologist to ensure all excavation activities are conducted carefully,
ethically, and respectfully. If the Tribe approves data recovery, all
associated documentation, at a minimum including detailed descriptive
notes and sketches shall be reviewed and approved in advance by the
Tribe. Upon completion of any approved data recovery, a final report
shall be submitted to both the Tribe and the Native American Heritage
Commission (NAHC). The Tribe does not authorize any scientific study
or the use of invasive and/or destructive diagnostics on human remains
under any circumstances.
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General Conditions
55. All City requirements regarding disabled access and facilities, occupancy limits,
building safety, health code compliance, emergency equipment,
environmental regulation compliance, and parking and site design shall be
complied with to the satisfaction of the Building Official, City Engineer, Deputy
Development Services Director, Fire Marshal, and Public Works Services
Director. Any changes to the existing facility may be subject to having fully
detailed plans submitted for plan check review and approval by the
aforementioned City officials and employees and may subject to separate
building permits.
56. To the maximum extent permitted by law, the Applicant must defend,
indemnify, and hold the City, any departments, agencies, divisions, boards,
and/or commissions of the City, and its elected officials, officers, contractors
serving as City officials, agents, employees, and attorneys of the City
("Indemnitees") harmless from liability for damages and/or claims, actions, or
proceedings for damages for personal injuries, including death, and claims for
property damage, and with respect to all other actions and liabilities for
damages caused or alleged to have been caused by reason of the Applicant's
activities in connection with MUP 23-10, TTM 23-04, ADR 23-12, COD 23-32 and
TRH 25-13 ("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 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 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.
57. Approval of MUP 23-10, TTM 23-04, ADR 23-12, COD 23-32 and TRH 25-13 shall
not be in effect unless the Applicant and Property Owner have executed and
filed the Acceptance Form with the City on or before 30 calendar days after the
City Council 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.
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