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HomeMy WebLinkAboutItem 10b - Appeal of 514 Fairview STAFF REPORT DEVELOPMENT SERVICES DEPARTMENT DATE: June 16, 2026 TO: Honorable Mayor and City Council FROM: Lisa L. Flores, Development Services Director By: Edwin Arreola, Senior Planner SUBJECT: APPEAL NO. 26-01 - A REQUEST TO OVERTURN THE PLANNING COMMISSION'S DENIAL OF MULTI-FAMILY SB 330 APPLICATION NO. SB 330 25-01, TENTATIVE TRACT MAP NO. TTM 26-01 (84910), AND PROTECTED HEALTHY TREE REMOVAL NO. TRH 26-02 FOR A NEW 30 UNIT, MULTI-FAMILY RESIDENTIAL CONDOMINIUM DEVELOPMENT LOCATED AT 514 FAIRVIEW AVENUE; AND CONSIDERATION OF RESOLUTION NO. 7699 - APPROVING APPEAL NO. 26-01 CEQA: Exempt Recommendation: Adopt SUMMARY The Appellant, Eric Tsang, on behalf of the property owner 518 Fairview LLC, is appealing the Planning Commission’s denial of Multi-Family SB 330 Application No. SB 330 25-01, Tentative Tract Map No. TTM 26-01 (84910), and Protected Healthy Tree Removal Permit No. TRH 26-02, for a new 30 unit, contemporary style, multi-family residential condominium development and the removal of 11 protected trees, located at 514 Fairview Avenue (“Project”). During the April 28, 2026, Planning Commission Meeting, the Commission voted 4-1 to deny the Project, with Commissioner Wilander dissenting on the basis that the mass of the building was not compatible with the surrounding developments, directing staff to return with a revised resolution. At the May 12, 2026, Planning Commission Meeting, the Commission voted 3-2 to deny the Project, with Commissioners Wilander and Hui dissenting. Resolution No. 7699 – 514 Fairview Avenue June 16, 2026 Page 2 of 22 The proposed development and subdivision are consistent with the City’s General Plan, Development Code, and the Subdivision Code. In addition, it meets Senate Bill 330 requirements and is subject to objective development standards. As such, the project may only be denied based on specific, identifiable health and safety concerns. It is recommended that the City Council find that the Project is Categorically Exempt under the California Environmental Quality Act (“CEQA”) under Section 15332 as a Class 32 infill development, overturn the Planning Commission’s denial of the Project, and adopt Resolution No. 7699 approving Appeal No. 26-01, subject to the conditions listed in the staff report – refer to Attachment No. 1. BACKGROUND The subject site is located on the south side of Fairview Avenue and consists of two existing residential lots (514 and 518 Fairview Avenue). The 514 Fairview Avenue lot is 28,870 square feet and the 518 Fairview Avenue lot is 28,925 square feet. Together, the site has a total area of approximately 57,795 square feet and is zoned High Density Residential (R-3) with a General Plan Land Use Designation of High Density Residential. Surrounding land uses also include other R-3 zoned properties to the north, east, south, and west. The Project site currently consists of a 1,672 square foot home, a 1,044 square foot home, a 738 square foot home, and several storage and barn structures – refer to Figure 1 below and Attachment No. 2 for an Aerial Photo with Zoning Information and Photos of the Subject Property and Vicinity. Resolution No. 7699 – 514 Fairview Avenue June 16, 2026 Page 3 of 22 Figure 1 – Aerial of the Subject Site The Project received preliminary approval through the SB 330 process under SB 330 Preliminary Application No. SB 330 PRELIM 25-04, which streamlines the review and approval of housing projects that comply with all zoning regulations and objective development standards in the Development Code. SB 330, enacted as part of the Housing Crisis Act of 2019, was subsequently amended by SB 8 (2022) and AB 1218 (2024) to further facilitate housing production. Resolution No. 7699 – 514 Fairview Avenue June 16, 2026 Page 4 of 22 Because the Project’s SB 330 Preliminary Application was submitted on June 26, 2025, all applicable standards in effect at that time were vested. Accordingly, the Project is subject only to objective development standards, is not subject to design review, and is limited to no more than five public hearings. In addition, because the application was submitted prior to the effective date of the City’s Inclusionary Housing Ordinance on July 1, 2025, the Project is not required to provide affordable units. The Project is not utilizing the State Density Bonus Law. Planning Commission Meetings At the April 28, 2026, Planning Commission Meeting, the Commission considered the Tentative Tract Map and the removal of 11 protected trees to accommodate the 30- unit, contemporary style, multi-family residential development. During the meeting, significant discussion focused on SB 330, the Applicant's requests for waivers from certain objective development standards in the Development Code, and the Project's compatibility with the surrounding neighborhood (see Attachment No. 5, Planning Commission Minutes dated April 28, 2026, and Resolution No. 2187). As discussed during the hearing, the requested waivers are authorized under the City's Development Code and independent of any requirements imposed by SB 330. The waiver provisions allow limited flexibility from specified objective development standards when strict application of those standards may not achieve the highest- quality or most cohesive project design. Applicants may request waivers with supporting justification, and those requests are evaluated based on the findings and criteria established in the Development Code. The Development Services Director and Assistant City Attorney advised the Planning Commission that the Housing Accountability Act (“HAA”) limits a local agency's ability to deny or reduce the density of a housing development that complies with all applicable objective standards. Under State law, a compliant housing project may be denied only if substantial evidence demonstrates that the project would result in a specific, adverse impact on public health or safety and there is no feasible method to mitigate or avoid that impact. The City Attorney reiterated this legal standard at the Commission's subsequent meeting on May 12, 2026. Resolution No. 7699 – 514 Fairview Avenue June 16, 2026 Page 5 of 22 The City received five letters in opposition to the Project (refer to Attachment No. 6), and two residents spoke in opposition at the hearing. Several Commissioners expressed concerns regarding the Project's massing and concluded that it was incompatible with the surrounding neighborhood. Following discussion, the Commission voted 4-1 to deny the Project, with Commissioner Wilander dissenting, and directed staff to return with a resolution reflecting its action at the May 12, 2026, meeting. Following the April 28, 2026, Planning Commission meeting, the City Manager sent a letter to the Planning Commission explaining that denial of an SB 330 housing project based on subjective considerations, such as perceived scale or neighborhood character, is generally not supported under State law and could expose the City to significant legal and financial risks (Attachment No. 4). At the May 12, 2026, meeting, two resolutions were presented: one resolution approving the Project should the Planning Commission choose to reconsider its prior action, and a second resolution reflecting the Commission's direction to deny the Project. The Commission was advised that, if they chose to deny the Project, it should identify specific adverse public health or safety impacts and include objective, quantifiable evidence in the record to support the required findings. The Planning Commission voted 3-2 to deny the Project, with Commissioners Wilander and Hui dissenting – refer to Attachment No. 3 for Resolution No. 2187. During discussion, the three Commissioners that voted to deny the Project stated that they could not identify any specific adverse public health or safety impacts associated with the Project and instead based their decision on concerns related to the Project's compatibility with the surrounding neighborhood. On May 15, 2026, within the applicable 10-day appeal period, the Appellant filed an appeal of the Planning Commission's decision. Subsequent to the Planning Commission's action, the California Department of Housing and Community Development (“HCD”) contacted the City regarding a potential violation of the Housing Accountability Act (HAA). City staff met with HCD to discuss the matter, and HCD indicated that it will continue to monitor the City's actions related to the Project. Resolution No. 7699 – 514 Fairview Avenue June 16, 2026 Page 6 of 22 DISCUSSION The Appellant proposes to merge the two existing lots through the Tentative Tract Map process and develop a contemporary-style multi-family project consisting of 30 condominium units. The Tentative Tract Map would also establish airspace subdivisions for each unit to facilitate the sale of individual residential condominiums. To allow for separate ownership and sale of the condominium units, approval of a Tentative Tract Map establishing airspace subdivisions is required. While SB 330 streamlines the review of qualifying housing developments, it does not eliminate the requirement for subdivision maps or modify the procedures applicable to their review and approval. Accordingly, the Tentative Tract Map remains subject to review and approval by the Planning Commission at a public hearing. The proposed 30 units will be constructed as 15 buildings, each containing two attached townhouse-style units. Each building includes one of two distinct floor plan types. Model A consists of a 1,855-square-foot, four-bedroom unit, and Model B consists of a 1,867-square-foot, four-bedroom unit. Each building will reach the maximum allowed height of 30 feet as permitted by the Code for properties zoned R-3, High Density Residential. The Project complies with all setback requirements, and each unit will include a two-car garage. Appellant's Basis for Appeal The Appellant has appealed the Planning Commission's decision to deny the Project, asserting that the denial constitutes an abuse of discretion, is not supported by substantial evidence in the administrative record, and is inconsistent with applicable State housing laws. In the appeal letter dated May 15, 2026 (Attachment No. 3), the Appellant requests that the Planning Commission's decision be overturned and identifies the following primary grounds for appeal: 1. The Project complies with the City's applicable objective development standards. 2. The Project is deemed consistent under the Housing Accountability Act (“HAA”). Resolution No. 7699 – 514 Fairview Avenue June 16, 2026 Page 7 of 22 3. The Planning Commission improperly relied on subjective considerations in denying the Project. 4. The approved objective development standard waivers were properly granted through the administrative review process and were not subject to Planning Commission review. 5. The Planning Commission did not make the findings required under State law to support denial of a housing development project. 6. The Project is deemed approved under the Permit Streamlining Act. 7. Denial of the Project may conflict with the No Net Loss provisions of State Housing Element law. 8. Denial of the Project could expose the City to fines, penalties, and attorney's fees under State housing laws. 9. The Applicant has voluntarily proposed additional design refinements in response to concerns raised during the public review process. The complete appeal letter is included as Attachment No. 3 and incorporated herein by reference. The architectural plans and tentative tract map for this Project can be found under Attachment Nos. 7 and 8. Applicable State Housing Laws The Housing Accountability Act (“HAA”) limits a local agency's ability to disapprove of a housing development project or reduce its density when the project complies with applicable objective standards. Under State law, a compliant housing development may be denied only if the local agency makes specific written findings, supported by substantial evidence in the record, that the project would result in a specific, adverse impact upon public health or safety and that there is no feasible method to satisfactorily mitigate or avoid that impact. Senate Bill 330 further limits the City's review of qualifying housing development projects by requiring application of the ordinances, policies, and standards in effect at the time a complete preliminary application was submitted. Resolution No. 7699 – 514 Fairview Avenue June 16, 2026 Page 8 of 22 Project Compliance with Applicable Standards Based on the City review of the Project and the applicable provisions of the General Plan, Development Code, and Subdivision Code, the Project complies with all applicable objective development standards, as modified by the approved waivers. No substantial evidence was identified demonstrating that the Project would result in a specific, adverse impact upon public health or safety. Accordingly, the findings necessary to deny the Project under the Housing Accountability Act cannot be made. Because the Project complies with applicable objective development standards, concerns regarding project design, neighborhood character, or compatibility that are not based on applicable objective standards cannot serve as a basis for denial under State housing law. Objective Development Standard Waivers Arcadia Development Code Section 9102.01.170(C)(2) authorizes eligible multi-family residential projects to request waivers from up to three objective development standards, provided the Applicant demonstrates why a particular standard is not applicable or cannot be achieved. The Code further provides that such waiver requests are reviewed and approved by the Director or their designee as part of the administrative review process. The waiver requests associated with this Project were reviewed pursuant to Section 9102.01.170(C)(2) and were determined to be appropriately justified and consistent with the intent of the applicable development standards. The waivers were approved during the administrative review process prior to consideration by the Planning Commission. Because the Development Code assigns authority for these determinations to the Director or their designee and specifies that such decisions are not appealable, the approved waivers are not matters before the City Council as part of this appeal. Resolution No. 7699 – 514 Fairview Avenue June 16, 2026 Page 9 of 22 Massing The Appellant specifically challenges the Planning Commission's reference on the third-floor setback waiver as part of its rationale for denial, particularly in relation to building massing. The applicable objective development standard requires portions of the third floor to be recessed a minimum of three feet from the lower floors to reduce perceived building mass. While the majority of the third floor complies with this requirement, certain limited areas provide a reduced setback ranging from approximately 1'-6" to less than 3'-0", with the remainder of the third floor maintaining the full three-foot setback, as shown in Figures 2, 3, and 4. This variation is provided to allow for adequate architectural articulation and to avoid a continuous, unbroken wall plane along the building elevation. Figure 2 (Key Map) – This site plan indicating the location of the floor plan for Figure 3 below. Resolution No. 7699 – 514 Fairview Avenue June 16, 2026 Page 10 of 22 Figure 3 – Third floor plan with the second-floor outline beneath (dashed in red) Figure 4 – Rendering of the units from Fairview Avenue with the third floor stepped back. The areas that do not fully meet the third-floor setback requirement are limited to small portions of the façade where variations in the wall plane provide architectural articulation. The third floor is stepped back overall to transition appropriately to the Resolution No. 7699 – 514 Fairview Avenue June 16, 2026 Page 11 of 22 surrounding neighborhood and to avoid a continuous, unbroken wall plane, resulting in a building form that is not boxy in appearance – refer to the image above in Figure 4. As a result, the building maintains the appearance of a recessed third floor when viewed from the public right-of-way, consistent with the intent of the standard. The Project also complies with the maximum height limit of 30 feet (or 33 feet if it has a pitched roof), which has been in effect since 2016. This height is consistent with other SB 330-approved multi-family projects in similar two- to three-story residential areas within the City. Additional State Law Issues Raised by Appellant The Appellant also raises issues related to project consistency under the Housing Accountability Act, the Permit Streamlining Act, the No Net Loss provisions of Housing Element law, and potential penalties under State housing laws. Based on the City's review of these issues, approval of the Project would be consistent with the City's obligations under applicable State housing laws. Because the Project complies with applicable objective standards and the findings required to support denial cannot be made, these additional legal issues do not alter the City's conclusion regarding the appeal. FINDINGS Sections 9103.15.040 and 9105.03.060(A)(1) of the Development Code require that for a Tentative Tract Map to be granted, it must be found that all of the following prerequisite findings can be satisfied: Tentative Tract Map 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. Facts to Support This Finding: 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. It has been determined that the proposed subdivision is consistent with the General Plan High Density Residential Resolution No. 7699 – 514 Fairview Avenue June 16, 2026 Page 12 of 22 Land Use designation and the R-3, High Density Multiple Family Residential zoning designation. These designations are intended to accommodate high density, attached or detached residential units such as condominiums, within the appropriate neighborhoods. The proposed Tentative Parcel Map complies with the Subdivision Map Act regulations, and there is no specific plan applicable to this Map. The site is physically suitable for the approved condominium project. The Map would not adversely affect the comprehensive General Plan and is consistent with the following General Plan goals and policy: Land Use and Community Design Element • Policy LU-1.1: Promote new infill and redevelopment projects that are consistent with the City’s land use and compatible with surrounding existing uses. • Policy H-2.3: Encourage compatible residential development in areas on underutilized land. • Policy H-2.4: Maintain development standards, regulations, and design features that are flexible to provide a variety of housing types and facilitate housing that is appropriate for the neighborhoods in which they are located. • Policy H-4.4: Support infill development at appropriate locations in the City. 2. The site is physically suitable for the type and proposed density of development. Facts to Support This Finding: The R-3 Zone requires a minimum density of one dwelling unit per 2,200 square feet of lot area, and a maximum density of one unit per 1,450 square feet of lot area. Based on the lot area of 57,795 square feet, a minimum of 26 units and a maximum of 39 units could be developed at this site. Therefore, the proposed 30-unit development complies with the density requirements of the underlying zone, as well as all other applicable zoning requirements including but not limited to parking, setbacks, height, and open space. Therefore, the site is physically suitable for the Project. Resolution No. 7699 – 514 Fairview Avenue June 16, 2026 Page 13 of 22 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. Facts to Support This Finding: 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. Facts to Support This Finding: The Project is to subdivide the airspace of the proposed multi-family development. The Project will comply with all applicable Building and Fire Codes to ensure public health and safety. The proposed density will comply with the allowed density by the R-3 Zone 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). Facts to Support This Finding: The proposed design of the subdivision does not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. There are no known easements on the subject property. Therefore, the Project will not conflict with any such easements. 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. Resolution No. 7699 – 514 Fairview Avenue June 16, 2026 Page 14 of 22 Facts to Support This Finding: The Arcadia Public Works Services Department has determined that the City’s existing infrastructure can adequately serve the Project. The discharge of sewage from the Project into the community sewer system will comply with all requirements specified by the California Regional Water Quality Control Board. 7. The proposed subdivision, its design, density, and type of development and improvements conform to the regulation of the Development Code and the regulations of any public agency having jurisdiction by law. Facts to Support This Finding: The approved development and the proposed subdivision of the airspace for the multi-family development is in conformance with the City’s Development Code, as all development standards are being met, and all of the improvements required for the site would comply with the regulations in the City’s Development Code and requirements of any public agency having jurisdiction by law. Removal of a Healthy Protected Tree 8. The removal of the trees is necessary. Facts to Support This Finding: The Project will require the removal of 11 protected trees on site, which include 10 Coast Live Oak trees and one California Sycamore tree. The removal of these protected trees is necessary as they are located at the center of the site and within the footprint of the proposed building foundations and driveway areas. Additionally, five of the oak trees exhibit unbalanced canopies, and one Sycamore tree is in poor health. A Certified Arborist evaluated the potential to retain the trees on site; however, due to the proximity to proposed building foundations, it was determined that the protected trees would not have sufficient space to support healthy growth if preserved. Therefore, the Arborist has recommended their removal. 9. The removal of the trees is more desirable than alternative project designs. Resolution No. 7699 – 514 Fairview Avenue June 16, 2026 Page 15 of 22 Facts to Support This Finding: The location of many of the protected trees near the center of the site limits the feasibility of alternative project designs that would avoid their removal. The trees are distributed throughout the central portion of the site, leaving limited access to the interior of the lot, while only the rear portion remains free of protected trees. Additionally, because most of the protected trees are Coast Live Oak trees, they require substantial protection areas to accommodate root and canopy growth. These protection requirements would significantly reduce the buildable area of the site and may restrict development to projects that only meet the minimum allowable density. 10. Mitigation measures will be applied for the removal of the trees. Facts to Support This Finding: The Certified Arborist who reviewed the protected trees on site has recommended that the Appellant plant a minimum of 13, 24-inch box Coast Live Oak trees and four (4), 24-inch box California Sycamore trees for the removal of the protected trees. The site can accommodate up to four Coast Live Oak trees within the front yard of the site, providing sufficient space for their root and canopy extension, and seven additional Coast Live Oak trees will be planted along the central walkway in between buildings. Four (4) California Sycamore trees will be planted along the westerly property line. Additionally, the Certified Arborist recommended installing root barriers along the driveways, walkways, and building foundations to prevent potential root damage from the growth of the replacement trees. Based on these measures, the removal of the healthy protected trees is warranted to accommodate the proposed development. ENVIRONMENTAL ANALYSIS It has been determined that the Project site is less than five (5) acres; the Project site has no value as a habitat for endangered, rare or threatened species; the proposed Project will not have any significant effects upon the environment, and the site can be adequately served by all the required utilities and public services. Therefore, the Map is exempt under Class 32 (In-Fill Development Projects) pursuant to Section Resolution No. 7699 – 514 Fairview Avenue June 16, 2026 Page 16 of 22 15332 of the State California Environmental Quality Act (CEQA) Guidelines - refer to Attachment No. 11 for the Preliminary Exemption Assessment. PUBLIC COMMENTS/NOTICE A public hearing notice for this item was posted at the City Clerk’s Office, City Council Chambers, at the Arcadia Library, and the City’s website, and was mailed to property owners within 300 feet of the subject property on June 4, 2026. As of June 11, 2026, no comments have been received. FISCAL IMPACT The net long-term fiscal impact would depend on final assessed valuations, the City’s share of property tax revenues, utility user tax, and the cost of providing municipal services to the site. As a privately owned residential development, the future condominium owners will pay property taxes and utility user taxes. One-time revenues will also be collected through building permit and plan check fees, impact fees, and sewer and water connection charges during construction. Property tax revenues would be based on the assessed value of each unit at the time of sale, and while the City receives only a portion of the 1% ad valorem property tax, the aggregate assessed valuation of 30 ownership units instead of the existing tax from the two units currently on site would represent a fairly substantial new taxable base. These revenues would be proportionally offset by the increased demand for City services, which would involve all City departments. In addition, the Project would generate one-time revenues during construction, including building permit and plan check fees, development impact fees, and sewer and water connection charges. These revenues would not provide ongoing General Fund support but would help recover the City’s costs associated with plan review, permitting, and infrastructure capacity. RECOMMENDATION It is recommended that the City Council adopt Resolution No. 7699, find the Project is Categorically Exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15332 of the CEQA Guidelines as a Class 32 (Infill) exemption, Resolution No. 7699 – 514 Fairview Avenue June 16, 2026 Page 17 of 22 and approve Multi-Family SB 330 Application No. SB 330 25-01, Tentative Tract Map No. TTM 26-01 (84910), and Protected Healthy Tree Removal Permit No. TRH 26-02, subject to the proposed Conditions of Approval listed below. Planning 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 Multi-Family SB 330 Application No. SB 330 25-01, Tentative Tract Map No. TTM 26-01 (84910), and Protected Healthy Tree Removal Permit No. TRH 26-02, subject to the satisfaction of the Development Services Director or designee. 2. Prior to final inspection, a minimum of 13 - 24-inch box Coast Live Oak trees and four (4) 24-inch box California Sycamore 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 are 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. 3. 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. Building 4. 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 Resolution No. 7699 – 514 Fairview Avenue June 16, 2026 Page 18 of 22 h. California Existing Building Code i. Arcadia Municipal Code 5. 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. 6. A demolition permit shall be obtained from Building Services prior to the removal and/or demolition of the structures on site. Engineering 7. 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 repairs shall be determined by the Development Services Director, the Public Works Services Director, City Engineer, or their designees, during construction and up until issuance of a Certificate of Occupancy. 8. The proposed development will be required to adhere to Los Angeles County Low Impact Development (LID) requirements. All LID measures must be implementable within the property. A LID plan, showing the selected measures, shall be provided along with the grading and drainage plan. A Master Covenant for the LID and Maintenance Plan shall be recorded with the Los Angeles County Recorder prior to occupancy. 9. A hydrology report and a soils/geotechnical report shall be submitted with the plan check submittal to Building Services. 10. 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. Resolution No. 7699 – 514 Fairview Avenue June 16, 2026 Page 19 of 22 b. Remove the existing sidewalk and construct a new sidewalk per City Standard, providing adequate path of travel in compliance with ADA. Ensure locations around obstructions provide necessary clearances. 11. Prior to issuance of a Certificate of Occupancy, the Property Owner/Applicant shall repair any damage 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 12. 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. Public Works 13. 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. 14. 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. 15. 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. 16. 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. 17. 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). Resolution No. 7699 – 514 Fairview Avenue June 16, 2026 Page 20 of 22 General 18. 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. 19. 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 SB 330 25-01, TTM 26-01, and TRH 26-02 (“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 Resolution No. 7699 – 514 Fairview Avenue June 16, 2026 Page 21 of 22 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 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. 20. Approval of Multi-Family SB 330 Application No. SB 330 25-01, Tentative Tract Map No. TTM 26-01 (84910), and Protected Healthy Tree Removal Permit No. TRH 26-02 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 Resolution No. 7699. The Acceptance Form to the Development Services Department is to indicate awareness and acceptance of the conditions of approval. Attachment No. 1: Resolution No. 7699 Attachment No. 2: Aerial Photo with Zoning Information and Photos of the Subject Property and Vicinity Attachment No. 3: Appeal Letter, dated May 15, 2026 Attachment No. 4: Letter from the City Manager, dated May 7, 2026 Resolution No. 7699 – 514 Fairview Avenue June 16, 2026 Page 22 of 22 Attachment No. 5: PC Resolution No. 2187 and Planning Commission Minutes dated April 28, 2026, and May 12, 2026, and Planning Commission Staff Reports dated April 28, 2026 and May 12, 2026, without attachments Attachment No. 6: Public Comments Attachment No. 7: Architectural Plans Attachment No. 8: Tentative Tract Map Attachment No. 9: Arborist Report, dated March 25, 2026 Attachment No.10: Preliminary Exemption Assessment Attachment No. 1 Attachment No. 1 Resolution No. 7699 Attachment No. 2 Attachment No. 2 Aerial Photo with Zoning Information and Photos of the Subject Property and Vicinity Overlays Selected parcel highlighted Parcel location within City of Arcadia N/A Property Owner(s): Lot Area (sq ft): Year Built: Main Structure / Unit (sq. ft.): R-3 Number of Units: HDR Property Characteristics 1927 1,044 2 Property Owner Site Address:514 FAIRVIEW AVE Parcel Number: 5778-005-012 N/A Zoning: General Plan: N/A Downtown Overlay: Downtown Parking Overlay: Architectural Design Overlay:N/A N/A N/A N/A Residential Flex Overlay: N/A N/A N/A N/A Special Height Overlay: N/A Parking Overlay: Racetrack Event Overlay: This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. Report generated 10-Mar-2026 Page 1 of 1 Overlays Selected parcel highlighted Parcel location within City of Arcadia N/A Property Owner(s): Lot Area (sq ft): Year Built: Main Structure / Unit (sq. ft.): R-3 Number of Units: HDR Property Characteristics 1927 1,672 1 Property Owner Site Address:518 FAIRVIEW AVE Parcel Number: 5778-005-013 N/A Zoning: General Plan: N/A Downtown Overlay: Downtown Parking Overlay: Architectural Design Overlay:N/A N/A N/A N/A Residential Flex Overlay: N/A N/A N/A N/A Special Height Overlay: N/A Parking Overlay: Racetrack Event Overlay: This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. Report generated 10-Mar-2026 Page 1 of 1 514-518 Fairview site photos Attachment No. 3 Attachment No. 3 Appeal Letter, dated May 15, 2026 May 15, 2026 Statement of Appeal of the City of Arcadia Planning Commission Decision to Deny a Multifamily Housing Development Project at 514 Fairview Avenue (Application Nos. SB 330 52-01, TTM 26-01 (84910), and TRH 26-02) Dear Mr. Arreola, Please accept this letter as the formal Statement of Appeal regarding the Planning Commission’s May 12, 2026, decision to deny the above-referenced 30-unit multi-family residential project (the “Project”). We respectfully appeal the Planning Commission’s decision to the City Council on the grounds that the denial was an abuse of discretion, was not supported by the administrative record, and violates several state housing laws including the Housing Accountability Act (“HAA”), Permit Streamlining Act, and Housing Element Law. Our appeal is based on the following issues: 1. The Project Complies with the Objective Standards of the City of Arcadia Municipal Code (“AMC”). The HAA provides that a housing development project shall be deemed consistent with applicable local requirements “if there is substantial evidence that would allow a reasonable person to conclude that the housing development project” is consistent. (Gov. Code § 65589.5(f)(4).) The Project as proposed is consistent with all applicable local requirements. City staff repeatedly concluded the Project is in substantial conformance and City planning staff who are charged with carrying out the AMC constitute reasonable people. (April 28, 2026, Planning Commission Agenda Packet, pp. 12-22; May 12, 2026, Planning Commission Agenda Packet, p. 11.) A reasonable person would thus conclude that the Project as proposed complies with all applicable standards. Nonetheless, the Planning Commission impermissibly denied the Project based on subjective criteria. (May 12, 2026, Planning Commission Agenda Packet, p. 46.) 2. The Project is Deemed Consistent as a Matter of Law Pursuant to the HAA. The HAA mandates that local agencies adhere to a strict timeline and procedure to determine whether a proposed housing development project is inconsistent with any applicable plan, program, policy, ordinance, standard, or other requirement. (Gov. Code § 65589.5(j)(2).) Within 30 days of the date that a housing application for 150 or fewer housing units is determined to be complete, local agencies must provide “written documentation identifying the provision or provisions, and an explanation of the reason or reasons it considers the housing development to be inconsistent, not in compliance” (Id. at (j)(2)(A)(i).) When a local agency fails to provide the required documentation within the specified timeline, the HAA provides that the housing development project “shall be deemed consistent, compliant, and in conformity with the applicable plan, program, policy, ordinance, standard, requirement, or other similar provision.” (Id. at (j)(2)(B).) No written documentation was provided by the City identifying provisions and reasons the City considered the housing development to be inconsistent within 30 days of the date the application was deemed complete. The application is therefore deemed consistent, compliant, and in conformity with all applicable requirements as a matter of law pursuant to the HAA. 3. Reliance on Subjective Criteria to Disapprove the Project was Unlawful. The HAA establishes vesting rights for applications submitted pursuant to Government Code Section 65941.1 (“SB 330” applications). Local agencies shall only subject SB 330 applications to the ordinances in effect at the time the preliminary application was submitted. (Gov. Code § 65956(o)(1).) The HAA limits local agencies to imposing only “objective, quantifiable, written development standards, conditions, and policies” which “shall be applied to facilitate and accommodate development at the density permitted on the site and proposed by the development.” (Id. at (f)(1).) Objective standards are defined as “criteria that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official before submittal.” (Id. at (f)(9).) During the April 28 Planning Commission meeting, Assistant City Attorney Kellan Martz advised the Commission on the record that such subjective denials are not legally supported. (May 12, 2026, Planning Commission Agenda Packet, p. 43 [“[Martz] clarified that the project follows the Development Code and the reasons for opposition are subjective and not objective”]). Despite this warning, and in contradiction of findings made by City staff that the Project was compatible with all applicable objective standards, the Planning Commission impermissibly denied the project based on subjective opinions regarding neighborhood compatibility in violation of the HAA. 4. Discretionary Review of Objective Development Standards The City of Arcadia Multifamily Objective Development Standards entitle housing development applicants to streamlined, ministerial review, and projects are entitled to up to three waivers of objective development standards with provision of an explanation as to why the development standard is inapplicable or unachievable. (AMC § 9102.01.170(C)(2).) The AMC delegates ministerial review of waiver requests to the Director and the decision is not appealable. (Id.) The applicant complied with the AMC and was entitled to the three requested waivers. The Project applicant was entitled ministerial approval of the requested three waivers from objective development standards and provided requisite explanations detailing why the waived standards were inapplicable or not achievable in the building design. The waivers were approved by Planning Director, and that approval was final and nonreviewable. The Planning Commission has no authority to review requested waivers for an SB 330 Project. The only item under the Planning Commission’s review was the Tentative Map, which is undoubtedly consistent with the density permitted by the AMC. Nonetheless, the Planning Commission denied the waivers and the entire Project based on this denial, infringing on the streamlined, ministerial process afforded to SB 330 projects by the AMC. (§ 9102.01.170(C)(2).) 5. Failure to Make Legally Required Findings for Denial Under the HAA, a legally compliant housing project can only be denied if the local agency makes written findings, supported by a preponderance of the evidence, that the project would cause a specific, unmitigable adverse impact on public health or safety. (Gov. Code § 65956(j)(1).) The term “specific, adverse impact” is defined as “a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.” (Id. at (j)(1)(A).) The Planning Commission failed to identify or make written findings that the Project would cause any specific, adverse impacts on public health or safety, and the denial thus violates the HAA. 6. The Project is Deemed Approved by Operation of the Permit Streamlining Act The Permit Streamlining Act sets forth comprehensive project approval procedures and timelines. (et. Seq.) Where the reviewing agency has made a California Environmental Quality Act (“CEQA”) exemption determination pursuant to Division 13 Public Resources Code Division, the agency must approve or disapprove the project within sixty days from the date the determination was made. Failure to act on the project within the sixty-day time limit renders the Project application deemed approved. (Gov. Code § 65956(b).) The City made a CEQA exemption determination for the Project on March 5, 2026. (April 28, 2026, Planning Commission Agenda Packet, p. 106.) The Project was not acted upon within sixty days, rendering the Project application approved as a matter of law. Moreover, this time limit prohibits the City Council from delaying action on the appeal by continuance or otherwise. 7. Denial of the Project Would Violated the No Net Loss Provision of Housing Element Law The Housing Element Law requires that when a local agency denies a housing development project, or otherwise takes action which causes a housing development to result in a lower density than set forth in the City’s Housing Element, the local agency must concurrently upzone elsewhere to result in no net loss of housing opportunity. (Gov. Code § 65863(a)-(c).) The Project site is identified in the City’s 6th Cycle Housing Element Site Inventory as a site suitable for residential development. The Planning Commission thus violated the No Net Loss provision of Housing Element Law when it denied the Project without concurrently upzoning residential sites elsewhere. Additionally, because the Project site is also a recycled housing inventory site in the City’s 4th and 5th Cycle Housing Elements, the City’s application of non-ministerial review procedures may constitute violation of Assembly Bill 1397. Any action that is taken that is inconsistent with an adopted housing element may lead to the California Housing and Community Development Department (HCD) revoking its findings that the City is in compliance with the Housing Element Law, exposing the City to the builder’s remedy and a loss of funding. (Gov. Code § 65585(i)(1).) Attachment No. 4 Attachment No. 4 Letter from the City Manager, dated May 7, 2026 Dominic Lazzaretto City Manager 240 W Huntington Dr, Arcadia, CA 91007 (626) 574-5401 May 7, 2026 Dear Planning Commissioners: At the April 28, 2026, Planning Commission meeting, the Commission considered a proposed 30-unit multi-family residential condominium development at 514 Fairview Avenue. The project includes several entitlements, including a preliminary SB 330 application, and staƯ recommended approval. Following discussion, the Planning Commission voted 4–1 to deny the project, citing concerns that its massing was not compatible with surrounding neighborhood development. As noted during the meeting by the Development Services Director and the Assistant City Attorney, this proposed action raises signiƱcant concerns regarding compliance with State housing law. The Housing Accountability Act (HAA) limits a local agency’s ability to deny or reduce the density of a housing development that complies with applicable, objective standards. A denial may only be supported if there is a preponderance of evidence in the record demonstrating that the project would result in a speciƱc, adverse impact on public health or safety, and that there is no feasible method to mitigate or avoid that impact other than denial or approval at a lower density. While broader policy discussions regarding development standards are appropriate, they must not inƲuence decisions on individual projects that comply with objective standards. Denial on subjective grounds - such as perceived scale or neighborhood character - is not supported under State law for SB 330 projects and eƄposes the City to signiƱcant legal risħ, including Ʊnancial impacts to the City and taxpayers. Serving on the Planning Commission carries the responsibility of maħing decisions grounded in the law and supported by the record, even when those decisions may be diƯicult or unpopular. We understand that this can be a challenging and sometimes diƯicult position for Commissioners. Nonetheless, upholding these obligations is essential to ensuring fair, consistent, and legally defensible outcomes. As public oƯicials, we have a duty to rule based on the law as it exists, not as we wish it to be. A revised ‡esolution reƲecting the denial will be presented to the Planning Commission for consideration at the May 12 meeting, per your direction at the past meeting. However, we are also including in the agenda pacħet the original approval version of the ‡esolution. At that time, the Commission will have the opportunity to reconsider its prior action in light of the applicable legal standards and the administrative record. If the Commission wishes to adopt a resolution for denial, it will need to identify speciƱc health and safety reasons for the denial and include objective and ŗuantiƱable facts that support those Ʊndings. If it cannot maħe such Ʊndings, then approval would be warranted. I am available to speaħ with any of you individually if you would liħe to discuss this further. Feel free to reach out to me by email at domlazz@arcadiaca.gov or by phone at (626) 574- 5401. I would also maħe the City Attorney’s oƯice available to you to explore these issues further, if needed. Sincerely, Dominic Lazzeretto City Manager CC: City Council, City Attorney Attachment No. 5 Attachment No. 5 PC Resolution No. 2187 and Planning Commission Minutes dated April 28, 2026, and May 12, 2026, and Planning Commission Staff Reports dated April 28, 2026 and May 12, 2026, without attachments STAFF REPORT DEVELOPMENT SERVICES DEPARTMENT DATE: April 28, 2026 TO: Honorable Chairperson and Planning Commission FROM: Lisa L. Flores, Development Services Director By: Edwin Arreola, Senior Planner SUBJECT: RESOLUTION NO. 2187 – APPROVING MULTI-FAMILY SB 330 APPLICATION NO. SB 330 25-01, TENTATIVE TRACT MAP NO. TTM 26-01 (84910), AND PROTECTED HEALTHY TREE REMOVAL PERMIT NO. TRH 26-02 FOR A NEW 30 UNIT, MULTI- FAMILY RESIDENTIAL CONDOMINIUM DEVELOPMENT LOCATED AT 514 FAIRVIEW AVENUE CEQA: Categorically Exempt Recommendation: Adopt SUMMARY The Applicant, Eric Tsang, on behalf of the property owner 518 Fairview LLC, is requesting approval of Multi-Family SB 330 Application No. SB 330 25-01, Tentative Tract Map No. TTM 26-01 (84910), and Protected Healthy Tree Removal Permit No. TRH 26-02 for a new 30 unit, contemporary style, multi-family residential condominium development at 514 Fairview Avenue (“Project”). The Applicant has applied for a Preliminary Senate Bill (“SB”) 330 Application and the Project was deemed to be in compliance with SB 330 on July 24, 2025. Therefore, the Project is vested with the standards in effect at the time of the preliminary application submittal, is limited to no more than five public hearings, and is subject only to objective development standards. Furthermore, the proposed Project also includes the removal of 12 protected trees. The proposed development and subdivision are consistent with the City’s General Plan, Development Code, and Subdivision Code. It is recommended that the Planning Commission find that the Project is Categorically Exempt under the California Environmental Quality Act (CEQA) under Section 15332 as a Class 32 infill development and adopt Resolution No. 2187 subject to the conditions listed in the staff report – refer to Attachment No. 1. Resolution No. 2187 – 514 Fairview Avenue April 28, 2026 Page 2 of 16 BACKGROUND The subject site is located on the south side of Fairview Avenue over two existing lots (514 and 518 Fairview Avenue). The 514 Fairview Avenue lot is 28,870 square feet and the 518 Fairview Avenue lot is 28,925 square feet. Together, the site has a total area of approximately 57,795 square feet and is zoned High Density Residential (R-3) with a General Plan Land Use Designation of High Density Residential. Surrounding land uses also include other R-3 zoned properties to the north, east, south, and west. The Project site currently consists of a 1,672 square foot home, a 1,044 square foot home, a 738 square foot home, and several storage and barn structures – refer to Figure 1 below and Attachment No. 2 for an Aerial Photo with Zoning Information and Photos of the Subject Property and Vicinity. Figure 1 – Aerial of the Subject Site Resolution No. 2187 – 514 Fairview Avenue April 28, 2026 Page 3 of 16 The Project received preliminary approval through the SB 330 process under SB 330 Preliminary Application No. SB 330 PRELIM 25-04, which streamlines the review and approval of housing projects that comply with all zoning regulations and objective development standards in the Development Code. SB 330, enacted as part of the Housing Crisis Act of 2019, was subsequently amended by SB 8 (2022) and AB 1218 (2024) to further facilitate housing production. Because the Project’s SB 330 Preliminary Application was submitted on June 26, 2025, all applicable standards in effect at that time are vested. Accordingly, the Project is subject only to objective development standards, is not subject to design review, and is limited to no more than five public hearings. In addition, because the application was submitted prior to the City of Arcadia’s Inclusionary Housing Ordinance effective July 1, 2025, the Project is not required to provide affordable units. The Project is also not utilizing the State Density Bonus Law. The existing buildings on site will be demolished to accommodate the Project. The Development Code requires a Certificate of Demolition (COD) to be approved to demolish any structures over 50 years of age, while the residential structures on site were constructed in 1927. An evaluation by an Architectural Historian concluded that the structures do not meet the criteria for recognition as historical resources and are therefore not eligible for listing on the California Register or designation as local landmarks. The existing buildings are not considered significant examples of any specific architectural style, nor are they associated with any notable historical events or figures. PROPOSAL The Applicant is proposing to combine the two existing lots into one lot through the Tentative Tract Map process to develop 30 three-story, multi-family units and subdivide the airspace of each of the units to allow for the sale of each residential condominium unit. In order to sell individual units for separate ownership, a tract map is required for the subdivision of airspace. SB 330 does not require a subdivision for multi-family projects and does not streamline the review process for maps associated with housing developments. As a result, all tract maps must still be reviewed by the Planning Commission through a public hearing – refer to Attachment No. 3 for the Tentative Tract Map and Figure 2 below for a Site Plan. Resolution No. 2187 – 514 Fairview Avenue April 28, 2026 Page 4 of 16 Figure 2 – Site Plan The proposed 30 units will be built as 15 buildings, each containing two attached townhome style units. Each building includes one of two distinct floor plan types. Model A will consist of a 1,855 square foot four-bedroom unit and Model B will consist of a 1,867 square foot four - bedroom unit. Each building will reach the maximum allowed height of 30’-0” and the Project will meet the minimum required setbacks of 25’-0” at the front yard and 10’-0” for the rear and side yards. Each unit will have an attached two-car garage and the property will maintain code compliant common open space at the minimum rate of 100 square feet per unit. The Applicant is also proposing to subdivide the airspace to allow for the sale of each residential condominium unit – refer to Attachment No. 4 for the proposed Architectural Plans and Figure 3 below for a breakdown of the units. Number of Units Square Feet Bedrooms Bathrooms 15 (Model A) 1,855 4 4 15 (Model B) 1,867 4 4 30 Units Total Figure 3 – Unit Size Table The buildings are designed in a Contemporary architectural style – as shown in Figure 4 below. The exterior walls of the buildings will be finished with white and charcoal colored stucco and wooden siding. It will be accented with bronze paneled garage doors, bronze windows, black light fixtures, and black rain gutters. The buildings will ha ve a flat roof with mechanical equipment screened by parapets and will incorporate articulation in the form of steps back and cantilevers between the different levels of the building. Access to the site will be provided off the north side of the property from Fairview Avenue via two separate driveways. 15 guest parking spaces will be provided on site. The backflow devices will be installed within the western portion of the front yard and a transformer will be installed within the central portion of the front yard. A condition has been included to provide screening for these utilities (see Condition No. 3). Mailboxes will be provided Resolution No. 2187 – 514 Fairview Avenue April 28, 2026 Page 5 of 16 adjacent to each driveway. Additionally, a bike rack with six bicycle parking spaces will be provided at the rear of the site. Figure 4 – Rendering of the design of the units The proposal also includes the removal of 12 protected trees (11 Coast Live Oak trees and one California Sycamore tree) throughout the site – refer to Figure 5 below. The trees have the following issues which prevent them from being preserved: • One 26” sycamore tree towards the southeast portion of the lot was deemed dead. • Eight Coast Live Oak trees are located in the central portion of the site where development is proposed: three of these exhibit unbalanced canopies. • One oak tree on the west side of the site, adjacent to a building footprint, exhibits a severe lean. • One oak tree on the east side of the site is located within the proposed driveway area. • Another oak tree on the east side of the site, also within the proposed driveway area, exhibits a severe lean. Resolution No. 2187 – 514 Fairview Avenue April 28, 2026 Page 6 of 16 Figure 5 – Location of the protected trees to be removed These conditions, as determined by a Certified Arborist, indicate that the existing protected trees cannot survive development near their root area. Replacement landscaping will include four (4) 36-inch box Coast Live Oak trees, five (5) 24-inch box Forest Pansy trees, and five (5) 24-inch box Crape Myrtle trees. The oak trees will be located in the front yard, while the other replacement trees will be planted in available interior spaces between units. Although the total number of replacement trees is below the 2:1 ratio required by code, site constraints include limited space and the large growth area required by oak trees preclude planting additional trees. The proposed four Coast Live Oak trees represent the maximum number that can successfully establish on the site, supplemented by the other replacement trees. Additional landscaping is proposed along the front of the site , adjacent to walkways and open spaces, and along the rear of the property adjacent to Arcadia Avenue. ANALYSIS The R-3 zone requires a minimum density of one dwelling unit per 2,200 square feet of lot area, and a maximum density of one unit per 1,450 square feet of lot area. The subject property measures 57,795 square feet in area. This results in a minimum density of 26 units and a maximum of 39 units for the subject site; therefore, the proposed 30 unit development complies with the density requirements of the underlying R-3 Zone. Additionally, the Project will comply with other applicable development standards su ch as the front setback, height, open space, and parking requirements. As such, and in accordance with SB 330, the Project has not been analyzed under the City’s Multi-Family Residential Design Guidelines, as they are not applicable to the Project. The design is subject to review for consistency with the City’s multi-family objective development standards. It has been confirmed that the design complies with all objective development standards except the three described below. The City’s objective development standards allow for an Applicant to comply with all but up to three development standards to offer Resolution No. 2187 – 514 Fairview Avenue April 28, 2026 Page 7 of 16 some flexibility and to result in better architectural outcomes. Therefore, the Applicant is proposing to waive the following development standards: 1. Massing - For projects over two stories in height, portions of the upper stories shall be recessed at least two feet from the front façade to reduce the overall massing of the building at the pedestrian level. 2. Windows - Architectural window detailing, such as sills, trim, and/or awnings should be provided. 3. Trees - Existing mature trees should be preserved and incorporated into development proposals. The proposed design recesses a significant portion of the third floor from the floors below, providing vertical articulation and reducing perceived massing. Additionally, the changes in materials and architectural breaks further articulate the different floors. Given the modern design of the development, which features simple window forms, additional detailing such as sills, trim, or awnings is not required to achieve visual interest. Moreover, preserving all existing mature trees on the site, many of which are located in the center and within buildable areas limits opportunities for additional setbacks. Therefore, the waivers being requested from the development standards are justified. The proposed consolidation of the two existing lots into one, together with the airspace subdivision for the 30-unit, multi-family development, meets all applicable requirements of the Subdivision Map Act and the City’s Development Code. The Map will subdivide the airspace to establish condominiums for individual sale, and no changes are proposed to the design, density, or physical improvements already approved for the Project. The subject site can be adequately served by existing utilities and public infrastructure. All necessary improvements and repairs will be secured as conditions of approval. The proposed development and subdivision of condominiums will also be consistent with the City’s General Plan, the Development Code, the State Subdivision Map Act, and will not violate any requirements of the California Regional Water Quality Control Board. The removal of the 12 protected trees on site is warranted as the trees are located either within the center of the site or within proximity to the building footprint of the Project or driveway. Additionally, the protected California Sycamore tree on site is in poor health. An Arborist analyzed the potential for retaining the trees on site but due to their proximity to building foundations and driveway area, it was determined that preserving these trees while allowing the Project to be suitably developed per the Development Code would be infeasible and the trees would need to be removed – refer to Attachment No. 5 for the Arborist Report. Therefore, the Arborist has determined that an appropriate replacement for the site is to plant a minimum of four (4) 36-inch box Coast Live Oak trees, five (5) 24-inch box Forest Pansy trees, and five (5) 24-inch box Crape Myrtle trees for the removal of the protected Resolution No. 2187 – 514 Fairview Avenue April 28, 2026 Page 8 of 16 trees. A condition has been added to ensure that replacement trees are planted and that a follow up Arborist Report is required confirming the planting prior to issuance of a Certificate of Occupancy. FINDINGS Sections 9103.15.040 and 9105.03.060(A)(1) of the Development Code require that for a Tentative Tract Map to be granted, it must be found that all of the following prerequisite findings can be satisfied: Tentative Tract Map 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. Facts to Support This Finding: 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. It has been determined that the proposed subdivision is consistent with the General Plan High Density Residential Land Use designation and the R-3, High Density Multiple Family Residential zoning designation. These designations are intended to accommodate high density, attached or detached residential units such as condominiums, within the appropriate neighborhoods. The proposed Tentative Parcel Map complies with the Subdivision Map Act regulations, and there is no specific plan applicable to this Map. The site is physically suitable for the approved condominium project. The Map would not adversely affect the comprehensive General Plan and is consistent with the following General Plan goal and policy: Land Use and Community Design Element • Policy LU-1.1: Promote new infill and redevelopment projects that are consistent with the City’s land use and compatible with surrounding existing uses. • Policy H-2.3: Encourage compatible residential development in areas on underutilized land. • Policy H-2.4: Maintain development standards, regulations, and design features that are flexible to provide a variety of housing types and facilitate housing that is appropriate for the neighborhoods in which they are located. • Policy H-4.4: Support infill development at appropriate locations in the City. Resolution No. 2187 – 514 Fairview Avenue April 28, 2026 Page 9 of 16 2. The site is physically suitable for the type and proposed density of development. Facts to Support This Finding: The R-3 Zone requires a minimum density of one dwelling unit per 2,200 square feet of lot area, and a maximum density of one unit per 1,450 square feet of lot area. Based on the lot area of 57,795 square feet, a minimum of 26 units and a maximum of 39 units could be developed at this site. Therefore, the proposed 30-unit development complies with the density requirements of the underlying zone, as well as all other applicable zoning requirements including but not limited to parking, setbacks, height, and open space. 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. Facts to Support This Finding: 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. Facts to Support This Finding: 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 comply with the allowed density by the R-3 zone 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). Facts to Support This Finding: The proposed design of the subdivision does not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. There are no known easements on the subject property. Therefore, the Project will not conflict with any such easements. Resolution No. 2187 – 514 Fairview Avenue April 28, 2026 Page 10 of 16 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. Facts to Support This Finding: 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. Facts to Support This Finding: The approved development and the proposed subdivision of the airspace for the multi-family development is in conformance with the City’s Development Code, as all development standards are being met, and all of the improvements required for the site would comply with the regulations in the City’s Development Code and requirements of any public agency having jurisdiction by law . Removal of a Healthy Protected Tree 8. The removal of the trees is necessary. Facts to Support This Finding: The Project will require the removal of 12 protected trees on site which includes 11 Coast Live Oak trees and one California Sycamore tree. The removal of these protected trees is necessary as they are located at the center of the site and within the footprint of the proposed building foundations and driveway areas. Additionally, five of the oak trees exhibit unbalanced canopies, and one Sycamore tree is in poor health. A Certified Arborist evaluated the potential to retain the trees on site; however, due to the proximity to proposed building foundations, it was determined that the protected trees would not have sufficient space to support healthy growth if preserved. Therefore, the Arborist has recommended their removal. 9. The removal of the trees is more desirable than alternative project designs. Facts to Support This Finding: The location of many of the protected trees near the center of the site limits the feasibility of alternative project designs that would avoid their removal. The trees are distributed throughout the central portion of the site, leaving Resolution No. 2187 – 514 Fairview Avenue April 28, 2026 Page 11 of 16 limited access to the interior of the lot, while only the rear portion remains free of protected trees. Additionally, because most of the protected trees are Coast Live Oak trees, they require substantial protection areas to accommodate root and canopy growth. These protection requirements would significantly reduce the buildable area of the site and may restrict development to projects that only meet the minimum allowable density. 10. Mitigation measures will be applied for the removal of the trees. Facts to Support This Finding: The Certified Arborist who reviewed the protected trees on site has recommended that the Applicant plant a minimum of four (4) 36-inch box Coast Live Oak trees, five (5) 24-inch box Forest Pansy trees, and five (5) 24-inch box Crape Myrtle trees for the removal of the protected trees. The site can only accommodate up to four Coast Live Oak trees within the front yard of the site, providing sufficient space for their root and canopy extension. Additionally, the Certified Arborist recommended installing root barriers along the driveways, walkways, and building foundations to prevent potential root damage from the growth of the replacement trees. Based on these measures, the removal of the healthy protected trees is warranted to accommodate the proposed development. ENVIRONMENTAL IMPACT It has been determined that the project site is less than five (5) acres; the project site has no value as a habitat for endangered, rare or threatened species; the proposed project will not have any significant effects upon the environment, and the site can be adequately served by all the required utilities and public services. Therefore, the Map is exempt under Class 32 (In- Fill Development Projects) pursuant to Section 15332 of the State California Environmental Quality Act (CEQA) Guidelines - refer to Attachment No. 6 for the Preliminary Exemption Assessment. PUBLIC COMMENTS/NOTICE A public hearing notice for this item was posted at the City Clerk’s Office, City Council Chambers, at the Arcadia Library, and on the City’s website on April 16, 2026. It was also mailed to the property owners located within 300 feet of the subject property. As of April 24, 2026, no comments were received. RECOMMENDATION Resolution No. 2187 – 514 Fairview Avenue April 28, 2026 Page 12 of 16 It is recommended that the Planning Commission adopt Resolution No. 2187 recommending approval of Multi-Family SB 330 Application No. SB 330 25-01, Tentative Tract Map No. TTM 26-01 (84910), and Protected Healthy Tree Removal Permit No. TRH 2 6-02 and find that the Project is Categorically Exempt from the California Environmental Quality Act (CEQA), subject to the following 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 plans submitted and conditionally approved for Multi-Family SB 330 Application No. SB 330 25-01, Tentative Tract Map No. TTM 26-01 (84910), and Protected Healthy Tree Removal Permit No. TRH 26-02, subject to the satisfaction of the Development Services Director or designee. 2. Prior to final inspection, a minimum of four (4) 36-inch box Coast Live Oak trees, five (5) 24-inch box Forest Pansy trees, and five (5) 24-inch box Crape Myrtle 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 are 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. 3. 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. Building 4. 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 5. 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 Resolution No. 2187 – 514 Fairview Avenue April 28, 2026 Page 13 of 16 building permits. The grading plans shall indicate all site improvements and shall indicate complete drainage paths of all drainage water run-off. 6. A demolition permit shall be obtained from Building Services prior to the removal and/or demolition of the structures on site. Engineering 7. 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 Development Services Director, the Public Works Services Director, City Engineer, or designees, during construction and up until issuance of a Certificate of Occupancy. 8. The proposed development will be required to adhere to Los Angeles County Low Impact Development (LID) requirements. All LID measures must be implementable within the property. A LID plan, showing the selected measures, shall be provided along with the grading and drainage plan. A Master Covenant for the LID and Maintenance Plan shall be recorded with the Los Angeles County Recorder prior to occupancy. 9. A hydrology report and a soils/geotechnical report shall be submitted with the plan check submittal to Building Services. 10. 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 the existing sidewalk and construct a new sidewalk per City Standard providing adequate path of travel in compliance with ADA. Ensure locations around obstructions provide necessary clearances. 11. 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 12. 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. Resolution No. 2187 – 514 Fairview Avenue April 28, 2026 Page 14 of 16 Public Works 13. 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. 14. 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. 15. 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. 16. 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. 17. 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 18. 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. 19. 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 Resolution No. 2187 – 514 Fairview Avenue April 28, 2026 Page 15 of 16 damages caused or alleged to have been caused by reason of the Applicant’s activities in connection with SB 330 25-01, TTM 26-01, and TRH 26-02 (“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 Indemn itees 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 the City that the deposit has fallen below the initial amoun t, 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. 20. Approval of Multi-Family SB 330 Application No. SB 330 25-01, Tentative Tract Map No. TTM 26-01 (84910), and Protected Healthy Tree Removal Permit No. TRH 26-02 shall not be in effect unless the Property Owner and Applicant have executed and filed the Acceptance Form with the City on or before 30 calendar days after the Planning Commission has adopted the Resolution. The Acceptance Form to the Development Services Department is to indicate awareness and acceptance of the conditions of approval. PLANNING COMMISSION ACTION Approval Resolution No. 2187 – 514 Fairview Avenue April 28, 2026 Page 16 of 16 If the Planning Commission intends to approve this Project, the Commission should move to approve Resolution No. 2187 approving Multi-Family SB 330 Application No. SB 330 25-01, Tentative Tract Map No. TTM 26-01 (84910), and Protected Healthy Tree Removal Permit No. TRH 26-02 and state that the proposal satisfies the requisite environmental and subdivision findings, and the conditions of approval as presented in this staff report, or as modified by the Commission. Denial If the Planning Commission intends to deny this subdivision, the Commission should state the specific findings that the subdivision does not satisfy based on the evidence presented with specific reasons for denial and move to deny Multi-Family SB 330 Application No. SB 330 25-01, Tentative Tract Map No. TTM 26-01 (84910), and Protected Healthy Tree Removal Permit No. TRH 26-02 and direct staff to prepare a resolution for adoption at the next meeting that incorporates the Commission’s decision and specific findings. If any Planning Commissioner, or other interested party has any questions or comments regarding this matter prior to the April 28, 2026, Planning Commission Meeting, please contact Senior Planner, Edwin Arreola, at (626) 821-4334 or by email at earreola@ArcadiaCA.com. Approved: Lisa L. Flores Development Services Director Attachment No. 1: Resolution No. 2187 Attachment No. 2: Aerial Photo with Zoning Information and Photos of the Subject Property and Vicinity Attachment No. 3: Tentative Tract Map Attachment No. 4: Architectural Plans Attachment No. 5: Arborist Report Attachment No. 6: Preliminary Exemption Assessment STAFF REPORT DEVELOPMENT SERVICES DEPARTMENT DATE: May 12, 2026 TO: Honorable Chairperson and Planning Commission FROM: Lisa Flores, Development Services Director SUBJECT: RESOLUTION NO. 2187 – DENYING MULTI-FAMILY SB 330 APPLICATION NO. SB 330 25-01, TENTATIVE TRACT MAP NO. TTM 26-01 (84910), AND PROTECTED HEALTHY TREE REMOVAL PERMIT NO. TRH 26-02 FOR A NEW 30 UNIT, MULTI- FAMILY RESIDENTIAL CONDOMINIUM DEVELOPMENT LOCATED AT 514 FAIRVIEW AVENUE Recommendation: Adopt per the Planning Commission’s Direction SUMMARY At the April 28, 2026, the Planning Commission meeting, the Commission considered a proposed 30-unit, contemporary style, multi-family residential condominium project at 514 Fairview Avenue (“Project”). The project includes a Multi-Family SB 330 Application No. SB 330 25-01, Tentative Tract Map No. TTM 26-01 (84910), and Protected Healthy Tree Removal Permit No. TRH 26-02 for the removal of 11 protected trees. There was significant discussion regarding SB 330, requests for waivers from the City’s objective development and design standards under the Development Code, and neighborhood compatibility. As stated during the meeting, the waiver provisions referenced are not part of SB 330 but instead were established by the City through its own Development Code. These provisions were intentionally created as a local process to allow limited flexibility from certain objective development/design standards to achieve higher quality, more aesthetically cohesive building designs where strict application of all standards may not produce the best outcome. Under this process, an Applicant may request a waiver with supporting justification, and the Review Authority (the Director or designee, which is the Planner) evaluates the request in accordance with the City’s adopted criteria. Resolution No. 2187 – 514 Fairview Avenue May 12, 2026 Page 2 of 3 The Development Services Director and the Assistant City Attorney informed the Planning Commission that the Housing Accountability Act (HAA) limits a local agency’s ability to deny or reduce the density of a housing development that complies with all the applicable, objective standards. The only way a project can be denied is if there is evidence that the project would result in a specific, adverse impact on public health or safety, and there is no feasible method to mitigate or avoid the impact. After hearing the two residents who were opposed to the project including the five (5) letters that were submitted to the Planning Commission prior to the meeting, the Commission expressed concerns regarding the project’s height and mass, finding it incompatible with the surrounding development. The Commission subsequently voted 4 –1 to deny the project, with Commissioner Wilander dissenting, and directed staff to return with a revised Resolution at the May 12 meeting (refer to Attachment No. 1). Following the Planning Commission meeting, the City was contacted by the California Department of Housing and Community Development (HCD), which indicated it had been informed of a potential violation of the Housing Accountability Act (HAA) related to the Commission’s action. The City has a meeting with HCD to discuss this matter and they further state that they will continue to monitor the matter going forward. In a letter dated May 7 to the Planning Commission, the City Manager explained that denying an SB 330 project on subjective grounds - such as perceived scale or neighborhood character - is generally not supported under State law and may expose the City to significant legal and financial risks, including potential impacts to the City and its taxpayers (refer to Attachment No. 2). In addition to the revised Resolution for denial, the agenda packet also includes the original approval version of the Resolution – refer to Attachment No. 3. At the May 12 meeting, the Planning Commission will have the opportunity to reconsider its prior action considering the applicable legal standards and the administrative record. If the Commission elects to deny the Project, it must identify specific adverse health or safety impacts and include objective, quantifiable facts in the record to support those findings. If such findings cannot be made, approval of the Project would be warranted. RECOMMENDATION It is recommended that the Planning Commission re-evaluate the project based on applicable objective development standards and applicable State housing laws. Concerns Resolution No. 2187 – 514 Fairview Avenue May 12, 2026 Page 3 of 3 related to perceived building mass, scale, or neighborhood character do not generally constitute legally sufficient grounds for denial under SB 330 or the Housing Accountability Act (HAA). Any recommendation for denial would need to be supported by substantial evidence demonstrating a specific, adverse impact upon public health or safety that cannot be feasibly mitigated. If any Planning Commissioners have questions or would like to discuss this matter further, please contact the City Manager, as noted in his letter to the Planning Commissioners, at domlazz@arcadiaca.gov or (626) 574-5401; the City Attorney’s Office; or me at lflores@arcadiaca.gov or (626) 574-5445. Approved: Lisa L. Flores Development Services Director Attachment No. 1: Resolution No. 2187 – Denial per the Planning Commission’s recommendation Attachment No. 2: Letter from the City Manager, dated May 7, 2026 Attachment No. 3: Resolution No. 2187 - Approval Attachment No. 6 Attachment No. 6 Public Comments 1 Edwin Arreola From:Linda Rodriguez Sent:Monday, April 27, 2026 12:15 PM To:Edwin Arreola; Ivette Torres Cc:Arcadia City Clerk Subject:FW: Subject: Public Comment – 514 Fairview Avenue Project (Resolution No. 2187) Hello, FYI - see email below addressed to the Planning Commission. Thank you, Linda Rodriguez, CMC City Clerk 240 W Huntington Dr, Arcadia, CA 91007 (626) 574-5454 From: Lirong Zeng <lirongzeng1111@gmail.com> Sent: Monday, April 27, 2026 11:51 AM To: Arcadia City Clerk <CityClerk@arcadiaca.gov> Subject: Subject: Public Comment – 514 Fairview Avenue Project (Resolution No. 2187) IRONSCALES couldn't recognize this email as this is the first time you received an email from this sender lirongzeng1111 @ gmail.com CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Email Body: Dear Planning Commission, My name is Lirong Zeng, and I reside at 530 Fairview Ave #12, Arcadia, CA 91007, directly behind the proposed development at 514 Fairview Avenue. I am writing to express my concerns regarding this project. The proposed 30-unit multi-family development will be built directly behind my living room and bedroom. The height and density of the building will significantly impact my privacy, as upper-floor units will overlook my home. 2 In addition, the removal of existing trees will eliminate shade and privacy. Without these trees, my home will become noticeably hotter, and I will lose what little privacy I currently have. I am also concerned about construction impacts, including noise, dust, and general disturbance during the building process. After completion, the increased number of residents will lead to more congestion, higher noise levels, and insufficient street parking in an already limited area. I respectfully request that the Commission carefully consider the impacts on nearby residents and take the following into account: • Reduce the building height • Increase setbacks from adjacent properties • Preserve existing trees where possible or require meaningful replacement • Provide adequate privacy screening such as landscaping or fencing • Limit construction hours to reduce noise and disturbance I am not opposed to development, but I strongly urge that this project be designed in a way that respects the quality of life of existing residents. Thank you for your time and consideration. Sincerely, Lirong Zeng 530 Fairview Ave #12 Arcadia, CA 91007 1 Edwin Arreola From:susan rogers <colsue58@gmail.com> Sent:Monday, April 27, 2026 12:21 PM To:Edwin Arreola Subject:April 28 meeting IRONSCALES couldn't recognize this email as this is the first time you received an email from this sender colsue58 @ gmail.com CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Mr. Arreola, my name is Susan Rogers and I live at Villa Fleurie. I will be significantly impacted by the new proposal project for 514 Fairview Ave. I would like to speak at the meeting to discuss my concerns and need to know what your protocols are so I can do it appropriately. Thank for you help. Susan Rogers, 530 Fairview Ave. Unit 2. Sent from my iPad 1 Edwin Arreola From:Hana Kim <hanasmiles16@gmail.com> Sent:Tuesday, April 28, 2026 7:10 AM To:Edwin Arreola; Mailbox - Planning Cc:Recstaff; Sara Somogyi; Eileen Wang; Arcadia City Clerk; City of Arcadia PW Subject:Re: Public Comment - 514- 518 Fairview Avenue APN: 5778- 005- 012 & 5778- 005- 013 CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Hello, I wanted to follow up on my earlier comment regarding the April 28 hearing for 514–518 Fairview Avenue. After reviewing the site location more carefully, I understand that the proposed development is on a nearby parcel and not the specific green space I initially believed it to be. That said, I remain interested in how this project may impact the surrounding neighborhood, including tree canopy, privacy, and overall character, and I appreciate the opportunity for community input. Thank you again for your time. Respectfully, Hana Kim On Mon, Apr 27, 2026 at 11:15 AM Hana Kim <hanasmiles16@gmail.com> wrote: **Please include this correspondence in the public record and share it with the Planning Commission. Hello Mr. Arreola, I am a nearby resident writing regarding the April 28 hearing for 514–518 Fairview Avenue. I grew up in Arcadia and have known the community since childhood (class of 2007). After moving back as an adult, I found that many parts of the city had changed and become almost unrecognizable. Fairview Avenue, however, still retained much of the quiet character and natural beauty I remember from when I used to ride my bike through the neighborhood as a child. I only recently became aware of this proposal and believe many nearby residents may not yet know of the hearing. I respectfully request consideration of a continuance so the surrounding community has a fair opportunity to review and comment. I am especially concerned about the proposed removal of numerous mature protected trees, including oak trees and a sycamore. These trees are far older than I am and represent decades of growth, shade, environmental value, and neighborhood character that cannot be meaningfully replaced in the short term. 2 In addition, this green open area appears to function as an important informal outdoor space for neighborhood families. I regularly observe many children using and gathering around this area. In a community with many families, accessible nearby outdoor spaces matter greatly, especially for children who benefit from having safe places close to home rather than destinations far away. These mature trees also appear to support local songbirds and other urban wildlife that rely on established canopy and green space for shelter and refuge. I respectfully ask that the Commission carefully review alternatives that maximize tree preservation, evaluate whether replacement plans are truly adequate, and consider neighborhood impacts such as privacy, traffic, and construction disruption. Thank you for your time and consideration. Respectfully, Hana Kim Arcadia Resident 1 Edwin Arreola From:Suki Wong <sukissw@gmail.com> Sent:Tuesday, April 28, 2026 3:53 PM To:Mailbox - Planning; Edwin Arreola Subject:Strong Objection to Proposed 30-Unit Project IRONSCALES couldn't recognize this email as this is the first time you received an email from this sender sukissw @ gmail.com CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Dear Planning Services Committee and Edwin, I am a resident of Fairview/La Cadena area writing to formally express my strong opposition to the proposed 30-unit development on 514-518 Fairview Ave. While I understand the need for housing, this specific proposal represents an unsustainable level of density that the current local infrastructure cannot support. My concerns are centered on the following critical issues: 1. Severe Parking Deficiency & Unrealistic Residential Estimates The proposal allocates only 15 guest parking spaces for 30 units. Given that each unit exceeds 1,800 square feet and includes a two-car garage, these are clearly designed as family-sized homes or multi- adult residences.  It is statistically unrealistic to assume these units will only generate two vehicles per household.  When residents exceed the two-car garage capacity, or when guests visit, the 15-space allotment will be exhausted immediately.  The developer’s reliance on "minimum state requirements" ignores the practical reality of how a 30-unit complex operates. 2. Existing Infrastructure Oversaturation Our neighborhood has reached a breaking point regarding street capacity. The current concentration of condos and apartments has already eliminated available street parking.  Emergency vehicle access and resident safety are already compromised by the existing congestion.  Adding 30 high-density units to a single family house lot without adequate internal parking will force the overflow onto streets that are already 100% saturated. 3. Impact on Community Livability and Safety 2 This project appears to prioritize maximum unit yield over the long-term livability and safety of the neighborhood. Overdevelopment without concurrent infrastructure improvements places an undue burden on existing tax-paying residents. I urge the Committee to deny this proposal in its current form or require a significant reduction in unit count alongside a substantial increase in on-site guest parking. We must ensure that new developments contribute to the community rather than depleting its remaining resources. Thank you for your time and for considering the concerns of the residents who will be most affected by this decision. Sincerely, Suki W. 1 Edwin Arreola From:Kristy Wong <kristy_wong@hotmail.com> Sent:Tuesday, April 28, 2026 4:55 PM To:Mailbox - Planning; Edwin Arreola Subject:Objection to Proposed 30-Unit Development on 514-518 Fairview Avenue IRONSCALES couldn't recognize this email as this is the first time you received an email from this sender kristy_wong @ hotmail.com CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Dear Members of the Planning Committee, I am a resident of La Cadena Avenue and would like to express my strong objection to the proposed 30-unit development on Fairview Avenue. Recent condominium developments have already increased traffic and made parking on La Cadena Avenue very limited. This project proposes large units (approximately 1,800 sq ft) with only two parking spaces each and minimal guest parking. This is not sufficient and will likely result in significant street parking overflow, further worsening an already difficult situation. Additionally, traffic safety is a concern. It is currently challenging to turn at the intersection of La Cadena Avenue and Duarte Ave, and increased traffic will make this more dangerous. A traffic signal at this intersection should be considered. I respectfully ask the committee to reconsider or revise this project to address parking and traffic impacts. Thank you for your time and consideration. Sincerely, Kristy W. 2 Sent from my iPhone 1 Edwin Arreola From:Rachel Wong <rachelnwong00@gmail.com> Sent:Tuesday, April 28, 2026 5:00 PM To:Mailbox - Planning; Edwin Arreola Subject:Objection to Proposed 30-Unit Development on 514-518 Fairview Avenue <hƩps://members.ironscales.com/staƟc/webapp/images/iron_icon_color_7_2021.png> IRONSCALES couldn't recognize this email as this is the first Ɵme you received an email from this sender rachelnwong00 @ gmail.com CAUTION: This email originated from outside your organizaƟon. Exercise cauƟon when opening aƩachments or clicking links, especially from unknown senders. Dear Members of the Hearing Board, I am a resident in the neighbourhood and write to formally object to the proposed 30-unit residenƟal development currently under review. I respecƞully request that the Board give serious consideraƟon to the significant and demonstrable impacts this project would impose on the surrounding community. The proposed development would place 30 units, each approximately 1,800 square feet in size and equipped with a two- car garage, on a lot that previously accommodated only two single-family residences. This represents an extraordinary intensificaƟon of land use that is wholly incompaƟble with the exisƟng infrastructure of our neighbourhood. My primary concern is parking. The proposal provides only 15 guest parking spaces for the enƟre complex. While this figure may saƟsfy the minimum threshold under state law, it is plainly insufficient in pracƟcal terms. Given that each unit exceeds 1,800 square feet and includes a two-car garage, these are clearly designed as family-sized homes or mulƟ-adult residences. It is staƟsƟcally unrealisƟc to assume these units will only generate two vehicles per household. As a result, any addiƟonal vehicles of residents and guests, service vehicles, and any overflow will have nowhere to park on-site. This burden will fall directly on surrounding streets that are already severely oversaturated due to the high concentra Ɵon of condominiums and apartment buildings in the immediate area. Available on-street parking for exisƟng residents is already extremely limited, and in many cases nonexistent at peak hours. This chronic overcrowding of our streets poses a serious public safety risk that cannot be overlooked. Emergency vehicles, including fire trucks, ambulances, and police units, require clear and unobstructed access to respond to incidents in a Ɵmely manner. With streets already congested beyond capacity, any further reduc Ɵon in available roadway clearance caused by this development could criƟcally delay emergency response Ɵmes, placing the lives of all residents in jeopardy. This proposal, as submiƩed, prioriƟzes the financial interests of the developer while disregarding the quality of life, safety, and basic daily needs of the residents who already call this neighbourhood home. Adding 30 units under these condiƟons will meaningfully worsen an already strained situaƟon. I respecƞully urge the Board to: 1. Require a comprehensive parking and traffic impact study before any approval is granted. 2. Mandate a reducƟon in the number of units and a substanƟal increase in on-site guest and overflow parking beyond the state minimum. 3. Give full weight to the concerns of current residents when evaluaƟng whether this development is appropriate for this locaƟon. 2 I appreciate the Board's Ɵme and its commitment to fair and thorough review of maƩers that directly affect our community. I trust that these concerns will be reflected in the Board's deliberaƟons. Sincerely, Rachel W. 1 Edwin Arreola From:Dave Evans <dgriffinevans@gmail.com> Sent:Monday, May 11, 2026 3:44 PM To:Edwin Arreola Cc:Lisa Evans Subject:Traffic on Fairview Ave and the new development at 514 CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Dear Mr. Arreola, Please share the following message with Planning Commission members. With respect to the proposed development at 514 Fairview Ave, I want to share my concerns about the impact on traffic. At the April 28 meeting, the city engineer indicated that the impact on traffic would be minimal. Such an assessment seems naïve at best considering two new multi-unit developments on La Cadena Ave, just around the corner from 514 Fairview Ave. The traffic on the 500-block of Fairview Ave is already perilous during parts of the day because drivers use it to avoid the traffic light at Baldwin and Huntington. Moreover, street parking on the block is often full, which blocks visibility for cars exiting driveways. The new development will only exacerbate these problems. Regardless of whether the new project moves forward, I would ask the city to consider speed bumps (or some mechanism to slow traffic) on the 500-block of Fairview Ave and, at the very least, prohibiting street parking (i.e., using red curbs) for at least one car-length on each side of current driveways. In addition, adding a driveway to the Arcadia side of the new development would reduce street entry to the Fairview side. Without some effort to improve visibility, control speed, and/or cut down traffic from the new development, the likelihood of serious accidents will only increase on the 500 block of Fairview Ave. Sincerely, Dave Evans Attachment No. 7 Attachment No. 7 Architectural Plans $5&+,7(&785$/ $ *(1(5$/127(6352-(&7'$7$ $ &$/*5((15(4 $ &$/*5((15(4 $ 6,7(3/$1 $ 67)/225&216758&7,213/$1 $ 1')/225&216758&7,213/$1 $ 5')/225&216758&7,213/$1 $ 522)3/$1 $ 675()/(&7('&(,/,1*3/$1 $ 1'5()/(&7('&(,/,1*3/$1 $ 5'5()/(&7('&(,/,1*3/$1 $ (/(9$7,21 $ 6(&7,21 $ $5&+,7(&785$/'(7$,/6 $ $5&+,7(&785$/'(7$,/6 $ $5&+,7(&785$/'(7$,/6 6758&785$/ 6 6758&785$/63(&,),&$7,216 6 )281'$7,213/$1 6 6(&21')/225)5$0,1*3/$1 6 7+,5')/225)5$0,1*3/$1 6 522))5$0,1*3/$1 6' 6758&785$/'(7$,/6 6' 6758&785$/'(7$,/6 6' 6758&785$/'(7$,/6 6' 6758&785$/'(7$,/6 (1(5*< RI &)5 0)50$1'$725<0($685(6 RI &)5 0)50$1'$725<0($685(6 RI &)5 0)50$1'$725<0($685(6 &,9,/ & 7,7/(6+((7 & *5$',1*3/$1 & *5$',1*3/$1 & *5$',1*3/$1 & (526,21&21752/3/$1 /$1'6&$3( / 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(175<'225 7+(50$758 ),%(5*/$66          Attachment No. 8 Attachment No. 8 Tentative Tract Map Attachment No. 9 Attachment No. 9 Arborist Report, dated March 25, 2026 514-518 Fairview Ave Arcadia, CA 91007 Prepared for: Eric Tsang Architects 440 E Huntington Dr. Suite 356 Arcadia, CA 91006 August 14, 2025 Revised March 25, 2026 Prepared by: Javier Cabral Consulting Arborist International Society of Arborists # WE- 8116A 1390 El Sereno Ave Pasadena, California 91103 (626)818-8704 jctcabral@sbcglobal.net Eric Tsang 514-518 Fairview Ave Arcadia, CA 91007 August 14, 2025 Javier Cabral / Consulting Arborist Pg. # 1 ISA Certified Arborist Dec 31, 2025 Table of contents Summary & Background & Assignment ----------------------------- pg. 3 Google Earth Image & Site Conditions ------------------------------- pg. 4 List Inventory ------------------------------------------------------------ pg. 5 & 6 Site Plan With Trees----------------------------------------------------- pg. 7 & 8 Tree Pictures -------------------------------------------------------------- pg. 9 thru 30 Replacement Trees ------------------------------------------------------ pg. 31 & 32 Arborist Signature Page ------------------------------------------------- pg. 33 Certificate Of Performance --------------------------------------------- pg. 34 Eric Tsang 514-518 Fairview Ave Arcadia, CA 91007 August 14, 2025 Javier Cabral / Consulting Arborist Pg. # 2 Summary Mr. Tsang, You have retained my consulting arborist services to provide a tree inventory and tree protection for the property described as 514-518 Fairview Ave Arcadia, CA 91007. You are in the process of demolishing the existing homes and building 30 new units. Background and assignment Mr. Tsang has requested that I provide the following arboricultural services. 1) Identify all trees on the property and label them on the architectural drawings as provided to the arborist by Mr. Eric Tsang. 2) Evaluate the current health of the trees and make recommendations based on their health. 3) Provide a tree protection plan for protected trees to remain in place. The following report is based on my site visit on August 13, 2025, and my analysis of the trees, site plan, and the surrounding landscape. For this report, I will address these trees as Trees # 1 thru 32. Eric Tsang 514-518 Fairview Ave Arcadia, CA 91007 August 14, 2025 Javier Cabral / Consulting Arborist Pg. # 3 Site conditions Several one-story single-family homes currently exists on this property located 514-518 Fairview Ave Arcadia, CA 91007. 1) There are (32) total trees on the subject project property. Of the total only (11) qualify for protection based on the City of Arcadia Tree Protection Ordinance. All on-site for removal due to its location against the foundation of the proposed new house. Google Earth Image Eric Tsang 514-518 Fairview Ave Arcadia, CA 91007 August 14, 2025 Javier Cabral / Consulting Arborist Pg. # 4 List Inventory pg. 1 Eric Tsang 514-518 Fairview Ave Arcadia, CA 91007 August 14, 2025 Javier Cabral / Consulting Arborist Pg. # 5 List Inventory pg. 2 Eric Tsang 514-518 Fairview Ave Arcadia, CA 91007 August 14, 2025 Javier Cabral / Consulting Arborist Pg. # 6 Site Plan With Trees (full scale) Eric Tsang 514-518 Fairview Ave Arcadia, CA 91007 August 14, 2025 Javier Cabral / Consulting Arborist Pg. # 7 Site Plan With Trees (Cropped) Eric Tsang 514-518 Fairview Ave Arcadia, CA 91007 August 14, 2025 Javier Cabral / Consulting Arborist Pg. # 8 Tree # 1 (facing east) Eric Tsang 514-518 Fairview Ave Arcadia, CA 91007 August 14, 2025 Javier Cabral / Consulting Arborist Pg. # 9 # 1 Tree # 2 (facing south) Eric Tsang 514-518 Fairview Ave Arcadia, CA 91007 August 14, 2025 Javier Cabral / Consulting Arborist Pg. # 10 # 2 Tree # 3 (facing southeast) Eric Tsang 514-518 Fairview Ave Arcadia, CA 91007 August 14, 2025 Javier Cabral / Consulting Arborist Pg. # 11 # 3 Tree # 4 (facing northeast) Eric Tsang 514-518 Fairview Ave Arcadia, CA 91007 August 14, 2025 Javier Cabral / Consulting Arborist Pg. # 12 Tree # 4 Tree # 5 & 6 (facing north) Eric Tsang 514-518 Fairview Ave Arcadia, CA 91007 August 14, 2025 Javier Cabral / Consulting Arborist Pg. # 13 # 5 # 11 Tabebuia (7+7 in.) # 6 Trees 7 & 8 (facing west) Eric Tsang 514-518 Fairview Ave Arcadia, CA 91007 August 14, 2025 Javier Cabral / Consulting Arborist Pg. # 14 # 7 # 8 Tree # 9 (facing south) Eric Tsang 514-518 Fairview Ave Arcadia, CA 91007 August 14, 2025 Javier Cabral / Consulting Arborist Pg. # 15 # 9 Trees 10 & 11 (facing east) Eric Tsang 514-518 Fairview Ave Arcadia, CA 91007 August 14, 2025 Javier Cabral / Consulting Arborist Pg. # 16 Tree # 10 Tree # 11 Trees 12 & 13 (facing east) Eric Tsang 514-518 Fairview Ave Arcadia, CA 91007 August 14, 2025 Javier Cabral / Consulting Arborist Pg. # 17 Tree # 12 Tree # 13 Tree 14 (facing east) Eric Tsang 514-518 Fairview Ave Arcadia, CA 91007 August 14, 2025 Javier Cabral / Consulting Arborist Pg. # 18 Tree # 14 Tree 15 (facing northwest) Eric Tsang 514-518 Fairview Ave Arcadia, CA 91007 August 14, 2025 Javier Cabral / Consulting Arborist Pg. # 19 Tree # 15 Trees 16 thru 18 (facing south) Eric Tsang 514-518 Fairview Ave Arcadia, CA 91007 August 14, 2025 Javier Cabral / Consulting Arborist Pg. # 20 Tree # 16 Tree # 19 (facing west) Eric Tsang 514-518 Fairview Ave Arcadia, CA 91007 August 14, 2025 Javier Cabral / Consulting Arborist Pg. # 21 Tree # 19 Trees 20 & 21 (facing south) Eric Tsang 514-518 Fairview Ave Arcadia, CA 91007 August 14, 2025 Javier Cabral / Consulting Arborist Pg. # 22 Tree # 20 Tree # 21 Tree 22 (facing west) Eric Tsang 514-518 Fairview Ave Arcadia, CA 91007 August 14, 2025 Javier Cabral / Consulting Arborist Pg. # 23 Tree # 22 Tree 22 (facing southeast) Eric Tsang 514-518 Fairview Ave Arcadia, CA 91007 August 14, 2025 Javier Cabral / Consulting Arborist Pg. # 24 Tree # 23 Tree 24 (facing south) Eric Tsang 514-518 Fairview Ave Arcadia, CA 91007 August 14, 2025 Javier Cabral / Consulting Arborist Pg. # 25 Tree # 24 Trees 25 & 26 (facing north) Eric Tsang 514-518 Fairview Ave Arcadia, CA 91007 August 14, 2025 Javier Cabral / Consulting Arborist Pg. # 26 Tree # 25 Tree # 26 Tree 27 (facing west) Eric Tsang 514-518 Fairview Ave Arcadia, CA 91007 August 14, 2025 Javier Cabral / Consulting Arborist Pg. # 27 Tree # 27 Tree 28 (facing north) Eric Tsang 514-518 Fairview Ave Arcadia, CA 91007 August 14, 2025 Javier Cabral / Consulting Arborist Pg. # 28 Tree # 28 Trees 29 thru 31 (facing south) Eric Tsang 514-518 Fairview Ave Arcadia, CA 91007 August 14, 2025 Javier Cabral / Consulting Arborist Pg. # 29 Tree 32 (facing east) Eric Tsang 514-518 Fairview Ave Arcadia, CA 91007 August 14, 2025 Javier Cabral / Consulting Arborist Pg. # 30 Tree # 32 Landscape Plan With Replacement Oak trees Eric Tsang 514-518 Fairview Ave Arcadia, CA 91007 March 25, 2026 Javier Cabral / Consulting Arborist Pg. # 31 1) There is no room on the rear or side yards for mature or even semi-young Oak trees to expand their roots or canopies. 2) The proposed four Oak trees in the front yard will barely have enough room for the expansion of their roots and canopies. 3) Root barriers are recommended along the driveway, buildings and walkways to help prevent future root damage. and Eric Tsang 514-518 Fairview Ave Arcadia, CA 91007 March 25, 2026 Javier Cabral / Consulting Arborist Pg. # 32 Eric Tsang 514-518 Fairview Ave Arcadia, CA 91007 March 25, 2026 Javier Cabral / Consulting Arborist Pg. # 33 Certificate of Performance & Limiting Conditions I Javier Cabral certify the following: • No warranty is made, expressed or implied that problems or deficiencies of the trees or the property will not occur in the future, from any cause. The Arborist shall not be responsible for damages or injuries caused by any tree defects and assume no responsibility for the correction of defects or tree related problems. • The owner and client of the trees may choose to accept or disregard the recommendations of the Arborist or seek additional advice if the owner decides not to accept the Arborists’ findings or recommendations. • The Arborist has no past, present or future interest in the removal or preservation of any tree. The opinions contained in the Arborist report are independent and objective judgements of the Arborist. • The findings, opinions, and recommendations of the Arborist are based on based on the physical inspection of said property. The opinions are based on knowledge, experience, and education. • The Arborist shall not be required to provide testimony, provide site monitoring, provide further documentation for changes beyond the control of the Arborist, be deposed, or to attend any meeting without contractual arrangements for additional fees to the Arborist. • The Arborist assumes no responsibility for verification of ownership or location of property lines, or for any recommendations based on inaccurate information. • This Arborist report may not be reproduced without the expressed written permission or the Arborist and the client to whom the report was provided to. Any changes or alteration of this report invalidates the entire report. • Arborists are tree specialists who use their education, knowledge, training and experience to examine trees, recommend measures to enhance the beauty and health of trees, make recommendations to prevent or minimize damage to trees during and after construction projects, and attempt to reduce the risk of living near trees. Clients may choose to accept or disregard the recommendations of the arborist, or to seek additional advice. • Arborists cannot detect every condition that could possibly lead to the structural failure of a tree. Trees are living organisms that fail in ways we do not fully understand. Conditions are often hidden within trees and below ground. Arborists cannot guarantee that a tree will be healthy or safe under all circumstances, or for a specified period of time. Likewise, remedial treatments, like any medicine, cannot be guaranteed. • Treatment, pruning and removal of trees may involve considerations beyond the scope of the arborist’s services such as property boundaries, property ownership, site lines, disputes between neighbors, and other issues. Arborists cannot take such considerations into account unless complete and accurate information is disclosed to the arborist. An arborist should then be expected to reasonably rely upon the completeness and accuracy of the information provided. • Trees can be managed, but they cannot be controlled. To live near trees is to accept some degree of risk. The only way to eliminate all risk associated with trees is to eliminate all trees. Eric Tsang 514-518 Fairview Ave Arcadia, CA 91007 March 25, 2026 Javier Cabral / Consulting Arborist Pg. # 34 Attachment No. 10 Attachment No. 10 Preliminary Exemption Assessment Preliminary Exemption Assessment FORM “A” PRELIMINARY EXEMPTION ASSESSMENT 1. Name or description of project: MULTI-FAMILY SB 330 APPLICATION NO. SB 330 25-01, TENTATIVE TRACT MAP NO. TTM 26-01 (84910), AND PROTECTED HEALTHY TREE REMOVAL PERMIT NO. TRH 26-02 FOR A NEW 30 UNIT, MULTI-FAMILY RESIDENTIAL CONDOMINIUM DEVELOPMENT LOCATED AT 514 FAIRVIEW AVENUE 2. Project Location – Identify street address and cross streets or attach a map showing project site (preferably a USGS 15’ or 7 1/2’ topographical map identified by quadrangle name): 514-518 Fairview Avenue – Located on the south side of Fairview Avenue between Baldwin Avenue and La Cadena Avenue 3. Entity or person undertaking project: A. B. Other (Private) (1) Name 518 Fairview LLC (2) Address P.O. Box 504 Walnut, CA 91788 4. Staff Determination: The Lead Agency’s Staff, having undertaken and completed a preliminary review of this project in accordance with the Lead Agency's "Local Guidelines for Implementing the California Environmental Quality Act (CEQA)" has concluded that this project does not require further environmental assessment because: a. The proposed action does not constitute a project under CEQA. b. The project is a Ministerial Project. c. The project is an Emergency Project. d. The project constitutes a feasibility or planning study. e. The project is categorically exempt. Applicable Exemption Class: 15332 – Class 32 (Urban In-fill Development) f. The project is statutorily exempt. Applicable Exemption: g. The project is otherwise exempt on the following basis: h. The project involves another public agency which constitutes the Lead Agency. Name of Lead Agency: Date: April 14, 2026 Staff: Edwin Arreola, Senior Planner