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HomeMy WebLinkAbout7669RESOLUTION NO. 7669 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING ARCHITECTURAL DESIGN REVIEW NO. ADR 24- 10 WITH A DENSITY BONUS, TENTATIVE TRACT MAP NO. TTM 24-02 (84530), AND PROTECTED HEALTHY TREE REMOVAL PERMIT NO. TRH 25-01 FOR A NEW FOUR-STORY, 34 UNIT, MULTI -FAMILY RESIDENTIAL CONDOMINIUM DEVELOPMENT LOCATED AT 101 W. HUNTINGTON DRIVE WHEREAS, on June 6, 2024, the Applicant, Nick Patterson on behalf of City Ventures, submitted applications for Architectural Design Review No. ADR 24-10 with a density bonus and Tentative Tract Map No. TTM 24-02 (84530), and on February 4, 2025, submitted Protected Healthy Tree Removal Permit No. TRH 25-01, collectively requesting approval for a new 54,724-square-foot, multi -family residential condominium development consisting of 34 four-story units and the removal of two protected Coast Live Oak trees at 101 W. Huntington Drive (the "Project"). The Project also includes four affordable units at the very low-income level which, under the State's Density Bonus Law, entitles the project to waivers against the development standards which could make the construction of the Project physically infeasible. Therefore, the Applicant is requesting that the Project be granted waivers for having parking areas within 20 feet of the front and street side property lines, a V-1" setback in lieu of the required 10 foot street side setback, a 9'-8" rear yard setback in lieu of the required 10 foot setback, a 9'-6" interior side yard setback in lieu of the required 1 10 foot setback, and mechanical equipment within the 10 foot front and street side setbacks; and WHEREAS, on October 15, 2025, 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 that the Project qualifies as a Class 32 Categorical Exemption under CEQA pursuant to Section 15332 of the CEQA Guidelines because the Project is considered an in -fill development project; and WHEREAS, on November 25, 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 November 25, 2025, the Planning Commission reviewed the Project, heard the public testimonies, and voted 3-2 to recommend approval of the Project with Chair Tallerico and Vice -Chair Tsoi dissenting; and WHEREAS, on December 16, 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: 2 SECTION 1. The factual data submitted by the Development Services Department in the staff report dated December 16, 2025, are true and correct. 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: Tentative Tract Mai 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 Project is in compliance with all of the provisions of the City's General Plan, Subdivisions Division of the Development Code, and the State Subdivision Map Act. The Commercial General Plan designation intends to provide a residential population that is required to support the uses in downtown and allows dense residential development which is intended to encourage a strong pedestrian - oriented environment. The General Commercial (C-G) with a Residential Flex Overlay (R-F) zone is intended to provide for greater flexibility to maximize the housing types and styles at a more affordable price range by allowing the option to build a residential project .in a commercial zone. The site is physically suitable for this type of development and the Project is in compliance with the requirements of SB 330. The Project will not adversely affect the comprehensive General Plan and is consistent with the following General Plan goals and policies: 3 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. 2. The site is physically suitable for the type and proposed density of development: FACT: The C-G zone with an R-F overlay has a minimum density of 30 units per acre and a maximum density of 50 units per acre. Based on the total lot area of 1.08 acres, a minimum of 32 units and a maximum of 54 units are allowed on this site. The Project, with 34 units proposed, complies with the density requirements and all other applicable zoning requirements which are not included as waivers under the State Density Bonus Law. Therefore, the site is physically suitable for the Project. 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 Project 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 will not cause substantial environmental damage or impact wildlife. 4. The design of the subdivision or type of improvements is not likely to cause serious public health or safety problems: CI FACT: The Project is to subdivide the airspace of the proposed multi -family development. The Project will be in compliance with all applicable Building and Fire Codes to ensure public health and safety. The proposed density will be below the maximum allowed by the C-G zone and R-F overlay and the City's existing infrastructure will adequately serve the Project. Therefore, the Project will not cause any public health or safety problems. 5. The design of the subdivision or the type of improvements will not conflict with easements acquired by the public at large for access through or use of, property within the proposed subdivision (This finding shall apply only to easements of record or to easements established by judgement of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision): FACT: The Project does not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. The Project is maintaining a Southern California Edison easement for power utilities clear of any construction. Additionally, an existing easement for street and incidental purposes will be dedicated to City and will remain clear of any construction. Therefore, the Project will not conflict with any such easements. 9 6. The discharge of sewage from the proposed subdivision into the community sewer system will not result in violation of existing requirements specified by the California Regional Water Quality Control Board: FACT: The Arcadia Public Works Services Department determined that the City's existing infrastructure will adequately serve the Project. The discharge of sewage from the Project into the community sewer system will not result in violation of existing requirements specified by the California Regional Water Quality Control Board. 7. The proposed subdivision, its design, density, and type of development and improvements conforms to the regulation of the Development Code and the regulations of any public agency having jurisdiction by law: FACT: The Project as conditioned complies with the density requirements of the City's Development Code, and all the improvements required for the site and each unit will comply with the regulations in the City's Development Code. The removal of the two protected Coast Live oak trees is warranted in order to accommodate this development. Architectural Design Review The Architectural Design Review component of the Project was submitted along with an SB 330 Preliminary Application pursuant to Government Code Section 65941.1 which has vesting rights for the Project established on January 15, 2025, the 5 date the SB 330 Preliminary Application was submitted. The Project has satisfied the procedural requirements of SB 330 and the design component has been determined to be in compliance with all the applicable provisions of SB 330, including the objective zoning and design standards. Therefore, the design of the Project is not subject to discretionary review. Density Bonus 8. The project will be consistent with the General Plan, except as provided by the Density Bonus Section of the Development Code with regard to maximum density, density bonuses, and other incentives and concessions. FACT: The Project is consistent with the Commercial General Plan land use designation, which intends to provide dense residential development to encourage a strong pedestrian -oriented environment that supports the commercial uses such as the ones in downtown. The Project will provide 5.9% of the for -sale units for very low-income residents, which allows for a density bonus. However, the Project will not be implementing a density bonus but is requesting waivers on development standards which limit the feasibility of the Project. 9. The approved number of dwellings can be accommodated by existing and planned infrastructure capacities. 7 FACT: The Project has been reviewed by the Public Works Department and Engineering Division. Both determined that the City's existing infrastructure, including sewer, water, and public roadways, will adequately serve the Project. 10. 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 Applicant has indicated that two of the 34 residential units (5.9%) within the Project will be restricted to very low-income residents. Government Code Section 65915(b)(1) outlines that in order to be eligible for a density bonus, at least 5% of the units in a for -sale development must be restricted to very low-income residents. Therefore, the Project is eligible under the requirements. 11. In the eventthat 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 Section 50052.5, or for rents for the targeted units to be set as specified in Government Code Section 65915(c). FACT: The Applicant is requesting that the Project be granted waivers for having parking areas within 20 feet of the front and street side property lines, a 1'-1" setback in lieu of the required. 10 foot street side setback, a 9'-8" rear yard setback in lieu of the required 10 foot setback, a 9'-6" interior side yard setback in lieu of the required 10 foot setback, and mechanical equipment within the 10 foot front and street side setbacks. Each request has been reviewed for its potential health and safety impact on the persons or property on or within the vicinity of the Project. It was determined that none of the requests have the potential to be a substantial health and safety impact. Therefore, all of the requested waivers will be granted. 12. There are sufficient provisions to guarantee that the units will remain affordable for the required time period. FACT: Condition No. 2 has been added to the conditions of approval to ensure that the Project maintains the two proposed very low-income affordable units and remain in compliance with State Density Bonus Law. Removal of a Healthy Protected Tree FACT: The removal of the two protected Coast Live Oak trees is required since their locations on the Project site may limit their growth or health, with one tree being located within proximity to the driveway area and under an existing electrical easement and the other tree being close to the footprint of one of the residential buildings. Furthermore, the tree under the existing electrical lines had been consistently topped to stay clear of the lines, which has negatively affected the tree's health. An Arborist analyzed the potential for saving or relocating the protected trees but due to their proximity to property line boundary walls and proposed structures 9 and paving, it was determined that the trees could not be saved. The cuts needed to be made to the roots of the trees in their current locations in order to move them could shock the trees' health and it is likely that they would not survive a move. The Applicant will be required to plant a minimum of four new 24-inch box trees for the removal of the two protected oak trees. Therefore, the removal of the healthy protected trees is warranted to accommodate the proposed development. 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 City Council determines that the Project is Categorically Exempt under the California Environmental Quality Act ("CEQA") Section 15332, Class 32, and approves Architectural Design Review No. ADR 24-10 with a density bonus, Tentative Tract Map No. TTM 24-02 (84530), and Protected Healthy Tree Removal Permit No. TRH 25-01 for a new 54,724 square foot multi -family residential condominium development with 34 four-story units and the removal of two protected Coast Live Oak trees at 101 W. Huntington Drive, subject to the conditions of approval attached hereto. SECTION 5. The Secretary shall certify to the adoption of this Resolution. 10 Passed, approved and adopted this 16th day of December, 2025. Mayor of the City of Arcadia ATTEST: City Clerk APPROVED AS TO FORM: Michael J. Maurer City Attorney 11 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. 7669 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 16th day of December, 2025 and that said Resolution was adopted by the following vote, to wit: AYES: Cao, Cheng, Fu, and Wang NOES: Kwan ABSENT: None 12 —�LAZI City Clerk of the City of Arcadia RESOLUTION NO. 7669 Conditions of Approval Plannin 1. The Project shall be developed and maintained by the Property Owner/Applicant in a manner that is consistent with the plans submitted and conditionally approved for Architectural Design Review No. ADR 24-10 with a density bonus and under SB 330, Tentative Tract Map No. TTM 24-02 (84530), and Protected Healthy Tree Removal Permit No. TRH 25-01, subject to the satisfaction of the Deputy Development Services Director or designee. 2. The Property Owner/Applicant shall execute and record a Density Bonus Housing Agreement with the City that ensures two (2) of the residential units are restricted to sale at a very low-income affordable level. The agreement shall specify the exact location of the unit and the initial sales price of the unit. The term of affordability shall be for a minimum of 45 years, in compliance with the State Density Bonus Law, and shall require an equity sharing agreement with the City. The agreement shall be binding of all future owners and successors in interest. The Density Bonus Housing Agreement must be recorded in the Office of the Los Angeles County Recorder prior to the issuance of a Certificate of Occupancy for the Project. Prior to the recordation, the Applicant/Owner shall submit the Agreement to the City for review and approval by the City and shall obtain the City Attorneys approval thereof. 3. Prior to final inspection, at least four (4) 24-inch box protected trees shall be planted on the subject site as replacement trees. A Landscape Plan in compliance with the City's Water Efficient Landscape Ordinance shall be prepared and provided with the building plan -check submittal. Said replacement trees must be shown on the Landscape Plan, and is subject to review and approval by the Planning Division. A follow-up report by a certified arborist confirming the replacement trees have been planted shall be submitted to the City prior to issuance of a Certificate of Occupancy. 4. Any required mechanical equipment, such as backflow devices and transformers, 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. 13 5. During all Project site construction, all construction -related activities, including maintenance of construction equipment and the staging of haul trucks, shall not take place between the hours of 6:00 p.m. and 7:00 a.m., Monday through Friday, between 5:00 p.m. and 8:00 a.m. on Saturday or at any time on Sundays and holidays specified in the City's Municipal Code. Building 6. The plans that are submitted to Building Services for plan -check shall comply with the latest adopted edition of the following codes as applicable: a. California Building Code (CBC) 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 7. Grading plans shall be submitted with the building plan -check submittal, and are to be approved by Engineering, Planning and Building Services prior to the issuance of building permits. The grading plans shall indicate all site improvements and shall indicate complete drainage paths of all drainage water run-off. 8. A demolition permit shall be obtained from Building Services prior to the removal and/or demolition of the structures on site. Engineering 9. The Applicant/Property Owner shall submit a haul route map and staging plan to Planning Services prior to issuance of a demolition and a grading permit. 10. The Property Owner/Applicant shall be responsible for the repair of all damage to public improvements in the public right-of-way resulting from construction related activities, including, but not limited to, the movement and/or delivery of equipment, materials, and soils to and/or from the site. The need for such repair shall be determined by the Deputy Development Services Director, the Public Works Services Director, City Engineer, or designees, during construction and up until issuance of a Certificate of Occupancy. 14 11. The proposed development will be required to adhere to Los Angeles County Low Impact Development (LID) requirements. Ensure that all LID measures can be implemented within the property. The LID plan is to be provided along with the selected measures shown on the grading and drainage plan. A Master Covenant of the LID and Maintenance Plan shall be recorded with the Los Angeles County Recorder before occupancy. 12. A hydrology report and a soils/geotechnical report shall be submitted with building plan check to Building Services. 13. Prior to the issuance of a building permit from Building Services, the Property Owner/Applicant shall irrevocably dedicate to the City approximately 4'-0" along the frontage of Santa Clara Street for a total parkway width of 12'-0", as measured from curb to property line. The dedication shall be subject to review and approval by the City Engineer. 14. Prior to recordation of the final tract map, the Property Owner/Applicant shall complete the construction of or execute and provide a Subdivision Map Agreement and bond to the City for the following off -site improvements: a. Remove the existing driveway approaches and construct new driveway approaches per the City Standard. Ensure Americans with Disabilities Act (ADA) access is provided around all driveway approaches within City right-of-way and development property lines. Improvements shall not encroach into neighboring properties/frontages. b. Remove and replace new sidewalk per City Standard providing adequate path of travel in compliance with ADA. Ensure locations around obstructions provide necessary clearances. c. Remove and replace the curb and gutter with a two foot asphalt slot cut and repaint the curb red along the property frontage on both Huntington Drive and Santa Clara Street. 15. Prior to issuance of a certificate of occupancy, the Property Owner/Applicant 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, per the direction of the City Engineer. Fire Department 16. All structures shall be provided with an automatic fire sprinkler system per the City of Arcadia Fire Department's Single & Multi -Family Dwelling Sprinkler Standard. 15 17. The required fire lane shall be marked with red curbing/stencils, signage or both at approved locations. Public Works 18. The Property Owner/Applicant shall coordinate with the Public Works Services Department on the replacement and/or protection of street trees prior to issuance of a grading permit from Building Services. 19. The Property Owner/Applicant shall utilize the existing sewer lateral(s) if possible. If any drainage fixture elevation is lower than the elevation of the next upstream manhole cover, an approved backwater valve will be required. 20. In order to verify the required water service size for the Project, the Property Owner/Applicant shall submit to the Public Works Services Department calculations for the maximum domestic use demand and maximum fire demand prior to the issuance of a building permit. Fire protection requirements shall be as stipulated by the Arcadia Fire Department and shall conform to the Arcadia Standard Plan. 21. Prior to the issuance of a building permit, the Property Owner/Applicant shall submit a Water Meter Permit Application to the Public Works Services Department. 22. The Property Owner/Applicant shall provide a new water service installation. Installation shall be according to the specifications of the Public Works Services Department, Engineering Division. Abandonment of existing water services, if necessary, shall be completed by the Property Owner/Applicant, according to Public Works Services Department, Engineering Section specifications. 23. The Property Owner/Applicant shall provide the total number of trash and recycling enclosures that will be constructed for the property, including the measurements and dimensions allotted for each enclosure. Adequate space shall be provided to accommodate the refuse and recycling needs of the property. 24, The Applicant/Property Owner shall comply with the General Construction National Pollutant Discharge Elimination System (NPDES) Permit, submit a Notice of Intent (NOI) and pay applicable fees to the State Water Resources Control Board, and prepare a Storm Water Pollution Prevention Plan (SWPPP). General 16 25. 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, all to the satisfaction of the Building Official, Fire Marshal, Public Works Services Director, and Deputy Development Services Director. 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. 26. 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 ADR 24-10 with a density bonus and under SB 330, TTM 24-02, and TRH 25- 01 ("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 17 days of each and every notice from the 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. 27. Approval of Architectural Design Review No. ADR 24-10 with a density bonus, Tentative Tract Map No. TTM 24-02 (84530), and Protected Healthy Tree Removal Permit No. TRH 25-01 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 City Council has adopted the Resolution. The Acceptance Form submitted to the Development Services Department is to indicate awareness and acceptance of the conditions of approval. in