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Home My WebLink About6-10-25 Agenda PacketCITY OF ARCADIA Planning Commission Regular Meeting Agenda Tuesday, June 10, 2025, 7:00 p.m. Pursuant to the Americans with Disabilities Act, persons with a disability who require a disability related modification or accommodation in order to participate in a meeting, including auxiliary aids or services, may request such modification or accommodation from Planning Services at (626) 574-5423. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to the meeting. (626) 574-5423 48 Pursuant to the City of Arcadia’s Language Access Services Policy, limited-English proficient speakers who require translation services in order to participate in a meeting may request the use of a volunteer or professional translator by contacting the City Clerk’s Office at (626) 574-5455 at least 72 hours prior to the meeting. 626-574-5455 72 CALL TO ORDER ROLL CALL Marilynne Wilander, Chair Domenico Tallerico, Vice Chair David Arvizu, Commissioner Angela Hui, Commissioner Vincent Tsoi, Commissioner SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS PUBLIC COMMENTS (5 minute time limit per person) Each speaker is limited to five (5) minutes per person, unless waived by the Planning Commission. Under the Brown Act, the Commission or Board Members are prohibited from discussing or taking action on any item not listed on the posted agenda. PUBLIC HEARING All interested persons are invited to appear at a public hearing and to provide evidence or testimony concerning any of the proposed items set forth below for consideration. Separate and apart from the applicant (who may speak longer at the discretion of the Commission) speakers shall be limited to five (5) minutes per person. The applicant may additionally submit rebuttal comments, at the discretion of the Commission. You are hereby advised that should you desire to legally challenge in court or in an administrative proceeding any action taken by the City Council regarding any public hearing item, you may be limited to raising only those issues and objections you or someone else raised at the public hearing or in written correspondence delivered to the City Council at, or prior to, the public hearing. 1 1. Resolution No. 2167 –Approving Multiple Family Architectural Design Review No. MFADR 24-02, Tentative Tract Map No. TTM 25-01 (84747), Protected Healthy Tree Removal Permit No. TRH 25-03, and Protected Tree Encroachment Permit No. TRE 25-05 for an 18-unit Contemporary style, multiple family residential development at 841 & 845 Arcadia Avenue CEQA: Exempt Recommendation: Adopt Applicant: Eric Tsang There is a ten day appeal period. Appeals are to be filed by 4:30 p.m. on Friday, June 20, 2025. 2. Resolution No. 2168 – Approving Conditional Use Permit No. CUP 24-12 to allow a coffee shop with a drive-through and outdoor seating located at 82 Las Tunas Drive CEQA: Exempt Recommendation: Adopt Applicant: Anthony Rodriguez There is a ten day appeal period. Appeals are to be filed by 4:30 p.m. on Friday, June 20, 2025. CONSENT CALENDAR All matters listed under the Consent Calendar are considered to be routine and can be acted on by one roll call vote. There will be no separate discussion of these items unless members of the Commission, staff, or the public request that specific items be removed from the Consent Calendar for separate discussion and action. 3. Minutes of the April 22, 2025, Regular Meeting of the Planning Commission Recommendation: Approve MATTERS FROM CITY COUNCIL LIAISON MATTERS FROM PLANNING COMMISSIONERS MATTERS FROM ASSISTANT CITY ATTORNEY MATTERS FROM STAFF INCLUDING UPCOMING AGENDA ITEMS ADJOURNMENT The Planning Commission will adjourn this meeting to Tuesday, June 24, 2025, at 7:00 p.m. 2 Welcome to the Arcadia Planning Commission Meeting! The Planning Commission encourages public participation and invites you to share your views on City business. MEETINGS: Regular Meetings of the Planning Commission are held on the second and fourth Tuesdays of each month at 7:00 p.m. in the City Council Chambers. A full Planning Commission agenda packet with all backup information is available at City Hall, the Arcadia Public Library, and on the City’s website at www.ArcadiaCA.gov. Copies of individual Agenda Reports are available via email upon request (Planning@ArcadiaCA.gov). Documents distributed to a majority of the Planning Commission after the posting of this agenda will be available for review at the Planning Services Office in City Hall, 240 W. Huntington Drive, Arcadia, California. CITIZEN PARTICIPATION: Your participation is welcomed and invited at all Planning Commission meetings. Time is reserved at each regular meeting for those in the audience who wish to address the Planning Commission. The City requests that persons addressing the Planning Commission refrain from making personal, slanderous, profane, or disruptive remarks. When the Chair asks for those who wish to speak please come to the podium and state your name and address for the record. Please provide a copy of any written materials used in your address to the Planning Commission as well as a copy of any printed materials you wish to be distributed to the Planning Commission. MATTERS NOT ON THE AGENDA should be presented during the time designated as “PUBLIC COMMENTS.” In general, each speaker will be given (5) minutes to address the Planning Commission; however, the Chair, at his/her discretion, may shorten the speaking time limit to allow all speakers time to address the Planning Commission. By State law, the Planning Commission may not discuss or vote on items not on the agenda. The matter will automatically be referred to staff for appropriate action or response, or will be placed on the agenda of a future meeting. PUBLIC HEARINGS AND APPEALS are items scheduled for which public input is either required or desired. Separate and apart from an applicant or appellant (who may speak longer at the discretion of the Planning Commission), speakers shall be limited to (5) minutes per person. The Chair, at his/her discretion, may shorten the speaking time limit to allow all speakers to address the Planning Commission. The applicant or appellant may also be afforded an additional opportunity for rebuttal comments. AGENDA ITEMS: The Agenda contains the regular order of business of the Planning Commission. Items on the Agenda have generally been reviewed and investigated by the City Staff in advance of the meeting so that the Planning Commission can be fully informed about a matter before making its decision. CONSENT CALENDAR: Items listed on the Consent Calendar are considered to be routine by the Planning Commission and may be acted upon by one motion. There will be no separate discussion on these items unless a member of the Planning Commission, Staff, or the public so requests. In this event, the item will be removed from the Consent Calendar and considered and acted on separately. DECORUM: While members of the public are free to level criticism of City policies and the action(s) or proposed action(s) of the Planning Commission or its members, members of the public may not engage in behavior that is disruptive to the orderly conduct of the proceedings, including, but not limited to, conduct that prevents other members of the audience from being heard when it is their opportunity to speak, or which prevents members of the audience from hearing or seeing the proceedings. Members of the public may not threaten any person with physical harm or act in a manner that may reasonably be interpreted as an imminent threat of physical harm. All persons attending the meeting are expected to adhere to the City’s policy barring harassment based upon a person’s race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, gender, sexual orientation, or age. The Chief of Police, or such member or members of the Police Department, may serve as the Sergeant-at-Arms of the Planning Commission meeting. The Sergeant-at-Arms shall carry out all orders and instructions given by the presiding official for the purpose of maintaining order and decorum at the meeting. Any person who violates the order and decorum of the meeting may be placed under arrest and such person may be prosecuted under the provisions of Penal Code Section 403 or applicable Arcadia Municipal Code section. 3 (Arcadia Public Library) (www.ArcadiaCA.gov) (Planning@ArcadiaCA.gov) (City Hall, 240 W. Huntington Drive, Arcadia, California) “” (5) (5) “” “” 403 4 DATE: June 10, 2025 TO: Honorable Chair and Planning Commission FROM: Lisa L. Flores, Deputy Development Services Director By: Fiona Graham, Planning Services Manager SUBJECT: RESOLUTION NO. 2167 - APPROVING MULTIPLE FAMILY ARCHITECTURAL DESIGN REVIEW NO. MFADR 24-02, TENTATIVE TRACT MAP NO. TTM 25-01 (84747), PROTECTED HEALTHY TREE REMOVAL PERMIT NO. TRH 25-03, AND PROTECTED TREE ENCROACHMENT PERMIT NO. TRE 25-05 FOR AN 18 UNIT CONTEMPORARY STYLE, MULTI-FAMILY RESIDENTIAL DEVELOPMENT AT 841 & 845 ARCADIA AVENUE CEQA: Exempt Recommendation: Adopt SUMMARY The Applicant, Eric Tsang, on behalf of the property owner, 841 Arcadia LLC, is requesting approval of Multiple Family Architectural Design Review No. MFADR 24-02, Tentative Tract Map No. TTM 25-01 (84747), Protected Healthy Tree Removal Permit No. TRH 25-03, and Protected Tree Encroachment Permit No. TRE 25-05, for an 18 unit Contemporary style multi-family residential development. The proposed development and Subdivision Code. It is recommended that the Planning Commission adopt Resolution No. 2167 (refer to Attachment No. 1) and find this project Categorically Exempt under the California Environmental Quality Act (CEQA) and approve MFADR 24-02, TTM 25-01 (84747), TRH 25-03, and TRE 25-05, subject to the conditions listed in this staff report. BACKGROUND The subject site consists of two parcels 841 Arcadia Avenue and 845 Arcadia Avenue measuring 20,009 square feet and 17,518 square feet, respectively. Together, the combined lot area is 37,543 square feet. The parcels are interior lots located on the north side of Arcadia Avenue, between Baldwin Avenue and Golden West Avenue. They are 5 Resolution No. 2167 MFADR 24-02, TTM 25-01 (84747), TRH 25-03 & TRE 25-05 841 & 845 Arcadia Avenue June 10, 2025 Page 2 of 14 zoned R-3 (High Density Residential) and have a General Plan Land Use Designation of High Density Residential. The surrounding properties are also zoned R-3 and are developed with multi-family residential uses. The project site is currently developed with five structures comprising a two-story apartment building with an attached laundry room and carport, a one and two-story -story duplex with two attached carports, and two freestanding carport structures for a total of 15 units. The properties were developed separately, with a five-unit apartment building constructed at 841 Arcadia Avenue in 1963 followed by an eight-unit apartment building at 845 Arcadia Avenue in 1974. Refer to Attachment No. 2 for an aerial photo with zoning information. Figure 1 below shows the existing site. Figure 1 Existing Site Based on the evaluation by an Architectural Historian, the buildings on the property do not meet any of the minimum requirements for designation as a historical resource under the federal, state, and local criteria. The residential buildings are not a good example of any architectural style and are not representative of or associated with any important 6 Resolution No. 2167 MFADR 24-02, TTM 25-01 (84747), TRH 25-03 & TRE 25-05 841 & 845 Arcadia Avenue June 10, 2025 Page 3 of 14 replacement policy for residential projects, which requires approval of a new project prior to demolition of the structures on site. As such, a Certificate of Demolition (COD) to demolish all existing structures on the subject site was conditionally approved on November 12, 2024 refer to Attachment No. 3 for the Historical Evaluation Report. PROPOSAL The Applicant is proposing to demolish the existing structures on the property, and construct a new three-story, 18 unit, Contemporary style multi-family residential condominium development with at-grade parking refer to Attachment No. 4 for the Tentative Tract Map and Attachment No. 5 for the proposed Architectural Plans. Each unit will have either three or four bedrooms and three bathrooms, with floor areas ranging from approximately 2,038 to 2,136 square feet. The site will have one access for ingress and egress from Arcadia Avenue, with pedestrian walkways provided throughout the interior of the site refer to Figure 2 below for the Site Plan. Figure 2 Site Plan - maximum permitted by code with a pitched roof. The development will provide the -and it meets all other applicable setback requirements for the R-3 zone. Each unit includes a two-car garage with interior dimensions that comply with code, and garages will be accessed by drive aisles providing - In total, the project includes nine (9) guest parking spaces (one for every two units), as well as sufficient bicycle parking located in the common area. The total number of parking spaces satisfies the Development Code . To meet the minimum open 7 Resolution No. 2167 MFADR 24-02, TTM 25-01 (84747), TRH 25-03 & TRE 25-05 841 & 845 Arcadia Avenue June 10, 2025 Page 4 of 14 space requirement of 1,800 square feet (based on 100 square feet per unit), the plan incorporates a mix of private balconies and private and common-use courtyards totaling 5,175 square feet. The proposal also includes the removal of one (1) protected tree located in the front yard. Two (2) additional protected trees on the site will be preserved in place and safeguarded with tree protection measures during construction. As mitigation for the tree removal, the Applicant will be required to plant a minimum of two (2) 36-inch box-sized replacement trees within the site. ANALYSIS The R-3 zone has a minimum density of one dwelling unit per 2,200 square feet of lot area, and a maximum density of one unit per 1,450 square feet of lot area. This calculates to a minimum of 17 units and a maximum of 25 units for the subject site; therefore, the proposed 18 unit development complies with the minimum density requirement of the underlying R-3 zone. The project will comply with the development standards of the R-3 Zone, including but not limited to setbacks, height, and parking. Concurrent with the subdivision application, the Planning Commission is to approve, conditionally approve, or deny the architectural design of the proposed project. Refer to Attachment No. 5 for the Architectural Plans and Figure-3 below for the color rendering. Figure 3 Architectural rendering of the front facade The proposed development is designed in a Contemporary architectural style, incorporating key character-defining features such as a combination of smooth stucco, board-and-batten siding, and stone veneer (Eldorado Stone along the street-facing façade. The buildings feature flat and low-sloped rooflines, consistent with modern architectural forms, and are finished with dark charcoal concrete roof tiles. The window openings are varied in size and rhythm, helping to break up the façades and reinforce the Contemporary style. Exterior materials include smooth-finish stucco in neutral tones, black aluminum-clad windows, modern steel garage doors in the 8 Resolution No. 2167 MFADR 24-02, TTM 25-01 (84747), TRH 25-03 & TRE 25-05 841 & 845 Arcadia Avenue June 10, 2025 Page 5 of 14 color black, and entry doors in a complementary black finish. The contrast between the darker window frames and the light-colored wall surfaces adds depth and articulation to the elevations. The massing and scale of the project are compatible with other multi-family developments along Arcadia Avenue, which include a variety of architectural styles from the 1960s to the present, including Ranch, Spanish, and traditional styles. The three-story buildings - maximum allowed by Code and in keeping with the scale of newer multi-family projects in the vicinity, including the 1981, three-story townhome development directly west of the project site. While the surrounding neighborhood lacks a singular architectural identity, the proposed design complements the existing context through thoughtful material choices, consistent massing, and well-articulated elevations. The design incorporates stepped massing and significant third-story step backs to reduce visual bulk and soften the appearance of height. These elements, along with varied rooflines, recessed balconies, and vertical and horizontal siding patterns, provide an appropriate level of architectural interest. The proposed development would remain compatible with the general scale, mass, and bulk of existing multi-family residential developments in the area. Additionally, the development and subdivision of -Family Design Guidelines, the Development Code, and the Subdivision Map Act. A backflow prevention device and utility transformer will be located within the front yard area of the project site. Both elements will be screened from public view with landscaping plan, to ensure minimal visual impact and maintain a consistent streetscape appearance. Tree Removal The site has a total of nineteen (19) trees, including one (1) street tree, and three (3) . All other trees on the site are either not a protected species or do not meet the minimum trunk diameter to qualify as a protected tree refer to Attachment No. 6 Certified Arborist report. Three protected trees are located in the front yard of the property: two (2) Redwood trees with trunk diameters of 37 inches and 29 inches, and one (1)Southern Magnolia with a trunk diameter of 20 inches. One Redwood and the Southern Magnolia will be preserved and maintained as part of the project, however the other Redwood must removed to accommodate construction of the driveway. The Applicant redesigned the driveway to protect the remaining Redwood tree as it is in moderate health and it is the opinion of the arborist that with appropriate care the tree will improve and can be maintained. While the redesign results in the removal of a City street tree has approved the revised plan and requested a replacement street tree be planted along the front of the property. A Deodar Cedar located along the property line of the adjacent multi-family lot to the east is not a protected tree for the purposes of this project. 9 Resolution No. 2167 MFADR 24-02, TTM 25-01 (84747), TRH 25-03 & TRE 25-05 841 & 845 Arcadia Avenue June 10, 2025 Page 6 of 14 Nevertheless, the Applicant will be required to protect the tree during development, as outlined in the attached Arborist Report. As a condition of approval for the removal of the subject tree, the Applicant will be required to plant at least two (2) 36-inch trees within the property. The Applicant will be proposing eight (8) 36-inch box-sized crape myrtle trees within the side yard setbacks. A follow-up Arborist report will also be required to verify compliance with the replacement requirement. FINDINGS Tentative Tract Map The proposed subdivision complies with the subdivision regulations of the Development Code, and the Subdivision Map Act, and the Regional Water Quality Control Board requirements. The following findings are required for approval of the 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 in Support of the Finding: The proposed tentative tract map for an 18 unit multi-family residential condominium-style development and subdivision of the airspace are Development Code, and the Subdivision Map Act. The High Density Residential General Plan designation is intended to accommodate high density, attached or detached housing types for both renter and owner households within a neighborhood context. The R-3 zone is intended to provide areas for a variety of medium to high density residential development, including townhomes and condominiums. The site is physically suitable for this type of development, and the approval of the architectural design for the building is compatible with the scale, mass, and character of structures in the surrounding neighborhood. The project would not adversely affect the comprehensive General Plan and is consistent with the following General Plan goals and policies: Land Use and Community Design Element Policy LU-1.1: Promote new infill and redevelopment projects that are with surrounding existing uses. Policy LU-4.1: Require that new multifamily residential development be visually and functionally integrated and consistent in scale, mass, and character with structures in the surrounding neighborhood. 2. The site is physically suitable for the type and proposed density of development. 10 Resolution No. 2167 MFADR 24-02, TTM 25-01 (84747), TRH 25-03 & TRE 25-05 841 & 845 Arcadia Avenue June 10, 2025 Page 7 of 14 Facts in Support of the Finding: The R-3 zone has 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 37,543 square feet, a minimum of 17 units and a maximum of 25 units are allowed on this site. The proposed 18 unit multi-family development complies with the density requirements and all other applicable zoning requirements, including but not limited to parking, setbacks, height, and open space. Therefore, the site is physically suitable for the proposed 18 unit multi-family development. 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 in Support of the Finding: The project is an infill site within an urbanized area and does not serve as a habitat for endangered or rare species. Therefore, the project would not cause substantial environmental damage or impact to wildlife. 4. The design of the subdivision or type of improvements is not likely to cause serious public health or safety problems. Facts in Support of the Finding: The proposed subdivision is to subdivide the airspace of 18 units for condominium purposes. The construction will be in compliance with all applicable Building and Fire Codes to ensure public health and safety. The proposed density will be below the maximum allowed by the R-3 zone Therefore, the development 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 in Support of the 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. 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 in Support of the Finding: The Arcadia Public Works Services Department 11 Resolution No. 2167 MFADR 24-02, TTM 25-01 (84747), TRH 25-03 & TRE 25-05 841 & 845 Arcadia Avenue June 10, 2025 Page 8 of 14 development and the requirements of the California Regional Water Quality Control Board would be satisfied. 7. The proposed design and site improvements of the subdivision conform to the regulations of this Development Code and the regulations of any public agency having jurisdiction by law. Facts in Support of the Finding: The proposed design of the multi-family development standards are being met and all improvements required for the site No public agency that has jurisdiction by law has found that the proposed development does not conform to any of their regulations. Architectural Design Review The proposed development is located within the High Density Residential (R-3) Zone, which is intended to provide a variety of medium to high density residential development. The proposed massing, scale, and landscaping are compatible with other multi-family developments in the surrounding neighborhood. The Contemporary style of architecture provides a visual transition within the context of the existing mix of architectural styles along Arcadia Avenue, while remaining compatible with the general scale, mass, and bulk of existing multi-family residential developments in the area. In addition, the proposal is All City requirements regarding disabled access and facilities, occupancy limits, building safety, health code compliance, emergency equipment, environmental regulation compliance, and parking and site design shall be complied with by the property owner/applicant to the satisfaction of the Building Official, City Engineer, Deputy Development Services Director, Fire Marshal, and Public Works Services Director, or their respective designees. The following findings are required for the approval of a Site Plan and Design Review pursuant to Development Code Section 9107.19.050.F. 1. The proposed development will be in compliance with all applicable development standards and regulation in the Development Code. Facts in Support of the Finding: The subject site is zoned R-3, High Density Residential Zone, which allows for at least 17 units, and up to 25 units on the subject property. The proposed development will not change the use or density allowed in this zone and meets all of the development standards and regulations required, including but not limited to setbacks, height, open space, parking, etc. Therefore, the new development will be in compliance with all the applicable standards and regulations in the Deve -Family Design Guidelines. 12 Resolution No. 2167 MFADR 24-02, TTM 25-01 (84747), TRH 25-03 & TRE 25-05 841 & 845 Arcadia Avenue June 10, 2025 Page 9 of 14 2. The proposed development will be consistent in the objectives and standards of the applicable Design Guidelines. Facts in Support of the Finding: The proposed development, in terms of the overall mass, height, and scale of the buildings, will be consistent with the built environment and surrounding multi-family developments along Arcadia Avenue, -Family Design Guidelines. The architectural style of the development, Contemporary, was selected to complement the existing variety of modern and traditional multi-family residences in the neighborhood. The third floors have been significantly stepped back, and the use of smooth stucco, vertical and horizontal siding, and stone veneer provides articulation and visual interest while further reducing the appearance of bulk and scale. The proposal will also retain two (2) mature protected trees in the front yard and remove one mature tree to accommodate the driveway. Therefore, the proposed development will be consistent with the objectives and standards of the Multi-Family Design Guidelines. 3. The proposed development will be compatible in terms of scale and aesthetic design with surrounding properties and developments. Facts in Support of the Finding: The proposed development would be compatible with the character of the neighborhood in terms of the architectural design and scale since the subject site is in a multi-family neighborhood that consists of a mix of multi-family buildings including two-story, semi-subterranean, and three-story buildings. The Contemporary style buildings will include a low- pitched roof with the select use of shed roofs on the front façade to break up the massing and strengthen the architectural style. The buildings use lighter, natural colors for the base with contrasting darker trims that are typically found on other properties within this neighborhood. The architectural design, overall articulation, extensive front and street-side yard landscaping and having the third floor stepped back from the bottom two floors will help minimize the scale, soften the appearance of this development, and allow for consistency with the neighborhood. Therefore, this finding can be met. 4. The proposed development will have an adequate and efficient site layout in terms of access, vehicular circulation, parking, and landscaping. Facts in Support of the Finding: The proposed development will have one central driveway that will provide ingress and egress from Arcadia Avenue for all 18 units. Pedestrian access to each unit is provided by a dedicated path along the side property lines which extends to the sidewalk. The proposed development will comply with the minimum requirement for back-out, driveway widths, guest parking spaces, and required parking. The proposed landscaping will complement the architectural design, provide screening along the side and rear property lines, and meet -Family Design Guidelines. 13 Resolution No. 2167 MFADR 24-02, TTM 25-01 (84747), TRH 25-03 & TRE 25-05 841 & 845 Arcadia Avenue June 10, 2025 Page 10 of 14 5. The proposed development will be in compliance with all of the applicable criteria identified in Subparagraph 9107.19.040.C.5 for compliance with the Development Code and all other applicable City regulations and policies, the General Plan and any appliable specific plan, the Design Guidelines, policies and standards, and efficient site and layout design. Facts in Support of the Finding: The proposed development complies with all -3, High Density Residential zone. The i-Family Design Guidelines as the proposed development will have an appropriate mass, scale, and design that fits with the other structures in the immediate vicinity. Extensive new landscaping throughout will complement the development and provide additional screening along both side and the rear property lines. The driveway for the site is designed to provide efficient and safe access to the residents and neighbors. No major impacts on or off-site are expected from this project. Therefore, the proposed development Multi-Family Design Guidelines and General Plan. Removal of a Healthy Protected Tree The following findings are required for the approval of the removal of a healthy protected tree per Development Code Section 9110.01.070.A.2. 1. Removal of a Healthy Protected Tree and Encroachment into a Protected Tree The removal of one protected Redwood tree is necessary due to its location within the path of the proposed driveway. The proposed driveway location maximizes site efficiency, and no feasible alternative alignment exists that would allow the tree to be preserved in place. The driveway was located to protect a second mature Redwood, also in the front yard. As part of the conditions of approval, the Applicant will be required to plant at least two (2) 36-inch box-sized replacement trees within the project site. Therefore, the removal of a healthy protected tree is warranted to accommodate the proposed development. ENVIRONMENTAL ASSESSMENT It has been determined that the project site is less than five (5) acres; the project site has no value as a habitat for endangered, rare or threatened species; the proposed project 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 project is exempt under Class 32 (In-Fill Development Projects) pursuant to Section 15332 of the State California Environmental Quality Act (CEQA) Guidelines. Refer to Attachment No. 7 for the Preliminary Exemption Assessment. 14 Resolution No. 2167 MFADR 24-02, TTM 25-01 (84747), TRH 25-03 & TRE 25-05 841 & 845 Arcadia Avenue June 10, 2025 Page 11 of 14 PUBLIC NOTICE/COMMENTS A public hearing notice for this item was mailed to the property owners located within 300 feet of the subject property on May 29, 2025. The Applicant has also sent a certified letter of notification to each of the current tenants. No comments have been received as RECOMMENDATION It is recommended that the Planning Commission approve Multiple Family Architectural Design Review No. MFADR 24-02, Tentative Tract Map No. TTM 25-01 (84747), Protected Healthy Tree Removal Permit No. TRH 25-03, and Protected Tree Encroachment Permit No. TRE 25-05, find the project Categorically Exempt from the California Environmental Quality Act (CEQA), and adopt Resolution No. 2167, subject to the following conditions of approval: Planning 1. The project shall be developed and maintained by the Applicant/Property Owner in a manner that is consistent with the plans submitted and conditionally approved for MFADR 24-02, TTM 25-01 (84747), TRH 25-03, and TRE 25-05, subject to the approval of the Deputy Development Services Director, or designee. 2. Any required mechanical equipment, such as backflow devices, visible from the public right-of-way shall be screened from public view. Screening may include landscaping, solid walls or other methods deemed appropriate for the development. The placement and height of said screening shall be subject to review and approval by the Deputy Development Services Director, or designee. 3. Prior to final inspection, at least two (2) 36-inch box protected trees shall be planted on the subject site as replacement trees. A Landscape Plan in compliance with the replacement trees must be shown on the final Landscape Plan that is submitted to Building Services for plan check, and subject to review and approval by the Planning Division. A follow-up report shall be submitted to the City prior to issuance of a Certificate of Occupancy from Building Services. Public Works 4. The Applicant/Property Owner shall submit Water Meter Clearance Application Form and provide information on size of water service lateral and water meter to 5. If a water service is to be used to supply both domestic water and fire sprinklers for each unit, the developer shall separate the fire service from domestic water service at each unit with an approved back flow prevention device. 15 Resolution No. 2167 MFADR 24-02, TTM 25-01 (84747), TRH 25-03 & TRE 25-05 841 & 845 Arcadia Avenue June 10, 2025 Page 12 of 14 6. The Applicant/Property Owner shall install a separate water service and meter for common area landscape irrigation. A reduced pressure backflow device shall be installed. 7. Fire protection requirements shall be provided as stipulated by the Arcadia Fire Department and shall conform to the Arcadia Standard Plan. A separate fire service with Double Check Detector Assembly (DCDA) shall be installed for Fire service if required. 8. New water service installations shall be by the Applicant/Property Owner. Installation shall be according to the specifications of the Public Works Services Department, Engineering Section. Abandonment of existing water services, if necessary, shall be by the Applicant/Property Owner, according to Public Works Services Department, Engineering Section specifications. 9. An on-site sewer system (including the backwater valve) will need to be approved by Development Services before building permits are issued. 10. Prior to removal of any city tree located on the public right-of-way, the Applicant shall obtain approval and permits from the Department of Public Works and shall comply with any request for a new street tree in a location to be determined per the Public Works Inspector. 11. New power poles are prohibited. All utility conductors, cables, conduits, and wiring supplying electrical, cable and telephone service to a multi-family building shall be installed underground except risers which are adjacent to and attached to a building. Engineering 12. The proposed development will be required to adhere to Los Angeles County Low Impact Development (LID) requirements. Ensure that all LID measures can be implemented within private property. LID plan to be provided along with the selected measures shown on the grading and drainage plan. Master Covenant of the LID and Maintenance Plan shall be recorded with the Los Angeles County Recorder prior to occupancy. 13. Prior to approval of the Final Tract map, the Owner/Applicant shall either construct or post security for all of the following off-site improvements: a) Remove existing driveway approach and construct new driveway approaches per City Standards 801-1 & 801-2. b) property line. c) Remove and replace sidewalk per City Standard 802-1 through 3 from property line to property line. d) Repaint Red Curb located at the west end of the property. 16 Resolution No. 2167 MFADR 24-02, TTM 25-01 (84747), TRH 25-03 & TRE 25-05 841 & 845 Arcadia Avenue June 10, 2025 Page 13 of 14 14. Prior to occupancy, the developer shall repair any damages caused by the development to the 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. If t extend from curb to curb, per the direction of the City Engineer. General 15. The Applicant/Property Owner shall comply with all City requirements regarding building safety, fire prevention, detection, suppression, emergency access, public right-of-way improvements, parking, water supply and water facilities, sewer facilities, trash reduction and recycling requirements, and National Pollutant Discharge Elimination System (NPDES) measures to the satisfaction of the Building Official, Fire Marshal, Public Works Services Director, and Deputy Development Services Director. 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. 16. 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, e 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 Multi-Family Architectural Design Review No. MFADR 24-02, Tentative Tract Map No. TTM 25-01 (84747), Protected Healthy Tree Removal Permit No. TRH 25-03, and Protected Tree Encroachment Permit No. TRE 25- arise from the direct or indirect operations of the Applicant or those of the y other persons acting on 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 Indem such action, the Applicant shall provide to the City a cash deposit to cover legal 17 Resolution No. 2167 MFADR 24-02, TTM 25-01 (84747), TRH 25-03 & TRE 25-05 841 & 845 Arcadia Avenue June 10, 2025 Page 14 of 14 fees, costs, and expenses incurred by City in connection with defense of any legal action in an initial amount to be reasonably determined by the City Attorney. The City may draw funds from the deposit for such fees, costs, and expenses. Within 5 business days of each and every notice from City that the deposit has fallen below the initial amount, Applicant shall replenish the deposit each and every time in order to the Developer any unexpended funds from the deposit within 30 days of: (i) a final, non-appealable decision by a court of competent jurisdiction resolving the legal action; or (ii) full and complete settlement of legal action. The City shall have the right to select legal counsel of its choice. 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. 17. Approval of MFADR 24-02, TTM 25-01 (84747), TRH 25-03, and TRE 25-05 shall not be in effect unless the Property Owner and Applicant have executed and filed the Acceptance Form with the City on or before 30 calendar days after the Planning Commission has adopted the Resolution. The executed Acceptance Form submitted to the Development Services Department is to indicate awareness and acceptance of the conditions of approval. PLANNING COMMISSION ACTION Approval If the Planning Commission intends to approve this project, the Commission should move to approve Multiple Family Architectural Design Review No. MFADR 24-02, Tentative Tract Map No. TTM 25-01 (84747), Protected Healthy Tree Removal Permit No. TRH 25- 03, and Protected Tree Encroachment Permit No. TRE 25-05, state that the proposal satisfies the requisite findings, and adopt the attached Resolution No. 2167 that incorporates the requisite environmental and subdivision findings, and the conditions of approval as presented in this staff report, or as modified by the Commission. Denial If the Planning Commission is to deny this project, the Commission should state the specific findings that the proposal does not satisfy based on the evidence presented with specific reasons for denial, and move to deny Multiple Family Architectural Design Review No. MFADR 24-02, Tentative Tract Map No. TTM 25-01 (84747), Protected Healthy Tree Removal Permit No. TRH 25-03, and Protected Tree Encroachment Permit No. TRE 25- 05, and direct staff to prepare a resolution for adoption at the next meeting that in 18 Resolution No. 2167 MFADR 24-02, TTM 25-01 (84747), TRH 25-03 & TRE 25-05 841 & 845 Arcadia Avenue June 10, 2025 Page 15 of 14 If any Planning Commissioner, or other interested party has questions or comments regarding this matter prior to the June 10, 2025, Planning Commission hearing, please contact Planning Services Manager, Fiona Graham at (626) 574-5442, or by email at fgraham@ArcadiaCA.gov Approved: On behalf of Lisa L. Flores Deputy Development Services Director Attachment No. 1: Resolution No. 2167 Attachment No. 2: Aerial image with zoning information and neighborhood photos Attachment No. 3: Historical Evaluation Report Attachment No. 4: Tentative Tract Map No. TTM 25-01 (84747) Attachment No. 5: Architectural Plans Attachment No. 6: Arborist Report Attachment No. 7: Preliminary Exemption Assessment 19 Attachment No. 1 Attachment No. 1 Resolution No. 2167 20 RESOLUTION NO. 2167 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING MULTI-FAMILY ARCHITECTURAL DESIGN REVIEW NO. MFADR 24-02, TENTATIVE TRACT MAP NO. TTM 25-01 (84747), PROTECTED HEALTHY TREE REMOVAL PERMIT NO. TRH 25-03, AND PROTECTED TREE ENCROACHMENT PERMIT NO. TRE 25-05 FOR AN EIGHTEEN-UNIT CONTEMPORARY STYLE, MULTI-FAMILY RESIDENTIAL DEVELOPMENT AT 841 & 845 ARCADIA AVENUE WHEREAS, on July 31, 2024, an application for Multi-Family Architectural Design Review No. MFADR 24-02 was filed, on January 23, 2025, Tentative Tract Map No. TTM 25-01 (84747) was submitted, and on March 28, 2025, applications for Protected Healthy Tree Removal Permit No. TRH 25-03 and Protected Tree Encroachment Permit No. TRE 25-05 were submitted by Eric Tsang on behalf of the property owner, 841 Arcadia LLC, for an eighteen-unit multi-family residential condominium style development, a subdivision of airspace for condominium purposes, the removal of a protected Redwood tree, and encroachment into the protected zone of two (2) protected trees located at 841 & 845 Arcadia Avenue (collectively, the Project); and WHEREAS, on April 29, 2025, Planning Services completed an environmental assessment for the Project in accordance with the California Environmental Quality Act (CEQA), and recommended that the Planning Commission determine the Project is exempt under CEQA per Section 15332 of the CEQA Guidelines because the Project is considered an in-fill development project; and WHEREAS, on June 10, 2025, a duly-noticed public hearing was held before the Planning Commission on said Project, at which time all interested persons were given full opportunity to be heard and to present evidence. 21 2 NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF ARCADIA HEREBY RESOLVES AS FOLLOWS: SECTION 1. The factual data submitted by the Community Development Division in the staff report dated June 10, 2025, are true and correct. SECTION 2. This Commission finds, based upon the entire record: 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. FACT: The proposed tentative tract map for an 18-unit multi-family residential condominium-style development and subdivision of the airspace are in compliance with all of the provisions of the Citys General Plan, Development Code, and the Subdivision Map Act. The High Density Residential General Plan designation is intended to accommodate high density, attached or detached housing types for both renter and owner households within a neighborhood context. The R-3 zone is intended to provide areas for a variety of medium to high density residential development, including townhomes and condominiums. The site is physically suitable for this type of development, and the approval of the architectural design for the building is compatible with the scale, mass, and character of structures in the surrounding neighborhood. The project would not adversely affect the comprehensive General Plan and is consistent with the following General Plan goals and policies: Land Use and Community Design Element Policy LU-1.1: Promote new infill and redevelopment projects that are consistent with the Citys land use and compatible with surrounding existing uses. 22 3 Policy LU-4.1: Require that new multifamily residential development be visually and functionally integrated and consistent in scale, mass, and character with structures in the surrounding neighborhood. 2. The site is physically suitable for the type and proposed density of development. FACT: The R-3 zone has 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 37,543 square feet, a minimum of 17 units and a maximum of 25 units are allowed on this site. The proposed 18 unit multi-family development complies with the density requirements and all other applicable zoning requirements, including but not limited to parking, setbacks, height, and open space. Therefore, the site is physically suitable for the proposed 18 unit multi-family development. 3. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. FACT: The project is an infill site within an urbanized area and does not serve as a habitat for endangered or rare species. Therefore, the project would not cause substantial environmental damage or impact to wildlife. 4. The design of the subdivision or type of improvements is not likely to cause serious public health or safety problems. FACT: The proposed subdivision is to subdivide the airspace of 18 units for condominium purposes. The construction will be in compliance with all applicable Building and Fire Codes to ensure public health and safety. The proposed density will be below 23 4 the maximum allowed by the R-3 zone and the Citys existing infrastructure will adequately serve the new development. Therefore, the development will not cause any public health or safety problems. 5. The design of the subdivision or the type of improvements will not conflict with easements acquired by the public at large for access through or use of, property within the proposed subdivision (This finding shall apply only to easements of record or to easements established by judgement of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision). FACT: The 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. 6. The discharge of sewage from the proposed subdivision into the community sewer system will not result in violation of existing requirements specified by the California Regional Water Quality Control Board. FACT: The Arcadia Public Works Services Department determined that the Citys existing infrastructure would adequately serve the new development and the requirements of the California Regional Water Quality Control Board would be satisfied. 7. The proposed design and site improvements of the subdivision conform to the regulations of this Development Code and the regulations of any public agency having jurisdiction by law. 24 5 FACT: The proposed design of the multi-family development is in conformance with the Citys Development Code, as all development standards are being met and all improvements required for the site and each unit would comply with the regulations in the Citys Development Code. No public agency that has jurisdiction by law has found that the proposed development does not conform to any of their regulations. Architectural Design Review The following findings are required for the approval of a Site Plan and Design Review pursuant to Development Code Section 9107.19.050.F. 1. The proposed development will be in compliance with all applicable development standards and regulation in the Development Code. FACT: The subject site is zoned R-3, High Density Residential Zone, which allows for at least 17 units, and up to 25 units on the subject property. The proposed development will not change the use or density allowed in this zone and meets all of the development standards and regulations required, including but not limited to setbacks, height, open space, parking, etc. Therefore, the new development will be in compliance with all the applicable standards and regulations in the Development Code, and the Citys Multi-Family Design Guidelines. 2. The proposed development will be consistent in the objectives and standards of the applicable Design Guidelines. FACT: The proposed development, in terms of the overall mass, height, and scale of the buildings, will be consistent with the built environment and surrounding multi-family developments along Arcadia Avenue, and is in conformance with the Citys Multi-Family Residential Design Guidelines. The architectural style of the development, Contemporary, was selected to complement the existing variety of modern and traditional 25 6 multi-family residences in the neighborhood. The third floors have been significantly stepped back, and the use of smooth stucco, vertical and horizontal siding, and stone veneer provides articulation and visual interest while further reducing the appearance of bulk and scale. The proposal will also retain two (2) mature protected trees in the front yard and remove one mature tree to accommodate the driveway. Therefore, the proposed development will be consistent with the objectives and standards of the Multi-Family Design Guidelines. 3. The proposed development will be compatible in terms of scale and aesthetic design with surrounding properties and developments. FACT: The proposed development would be compatible with the character of the neighborhood in terms of the architectural design and scale since the subject site is in a multi-family neighborhood that consists of a mix of multi-family buildings including two- story, semi-subterranean, and three-story buildings. The Contemporary style buildings will include a low-pitched roof with the select use of shed roofs on the front façade to break up the massing and strengthen the architectural style. The buildings use lighter, natural colors for the base with contrasting darker trims that are typically found on other properties within this neighborhood. The architectural design, overall articulation, extensive front and street-side yard landscaping and having the third floor stepped back from the bottom two floors will help minimize the scale, soften the appearance of this development, and allow for consistency with the neighborhood. Therefore, this finding can be met. 4. The proposed development will have an adequate and efficient site layout in terms of access, vehicular circulation, parking, and landscaping. 26 7 FACT: The proposed development will have one central driveway that will provide ingress and egress from Arcadia Avenue for all 18 units. Pedestrian access to each unit is provided by a dedicated path along the side property lines which extends to the sidewalk. The proposed development will comply with the minimum requirement for back- out, driveway widths, guest parking spaces, and required parking. The proposed landscaping will complement the architectural design, provide screening along the side and rear property lines, and meet the intent of the Citys Multi-Family Design Guidelines. 5. The proposed development will be in compliance with all of the applicable criteria identified in Subparagraph 9107.19.040.C.5 for compliance with the Development Code and all other applicable City regulations and policies, the General Plan and any applicable specific plan, the Design Guidelines, policies and standards, and efficient site and layout design. FACT: The proposed development complies with all the Citys development standards in the R-3, High Density Residential zone. The project is in compliance with the Citys Multi-Family Residential Design Guidelines as the proposed development will have an appropriate mass, scale, and design that fits with the other structures in the immediate vicinity. Extensive new landscaping throughout will complement the and provide additional screening along both side and the rear property lines. The driveway for the site is designed to provide efficient and safe access to the residents and neighbors. No major impacts on or off-site are expected from this project. Therefore, the proposed will be consistent with the Citys Multi-Family Residential Design Guidelines and General Plan. Removal of a Healthy Protected Tree 27 8 The following findings are required for the approval of the removal of a healthy protected tree per Development Code Section 9110.01.070.A.2. 1. Removal of a Healthy Protected Tree and Encroachment into the Protected Zone of a Protected Tree FACT: The removal of one protected Redwood tree is necessary due to its location within the path of the proposed driveway. The proposed driveway location maximizes site efficiency, and no feasible alternative alignment exists that would allow the tree to be preserved in place. The driveway was located to protect a second mature Redwood, also in the front yard. As part of the conditions of approval, the Applicant will be required to plant at least two (2) 36-inch box-sized replacement trees within the project site. Therefore, the removal of a healthy protected tree is warranted to accommodate the proposed development. SECTION 3. Pursuant to the provisions of the California Environmental Quality Act (CEQA), this Project is a Class 32 Categorical Exemption as an infill-development project per Section 15332 of the CEQA Guidelines. SECTION 4. For the foregoing reasons, the Planning Commission determines that the Project is Categorically Exempt under the California Environmental Quality Act (CEQA) pursuant to Section 15332, Class 32 (Infill Development Projects), and approves Multi-Family Architectural Design Review No. MFADR 24-02, Tentative Tract Map No. TTM 25-01 (84747), Protected Healthy Tree Removal Permit No. TRH 25-03, and Protected Tree Encroachment Permit No. TRE 25-05, for an eighteen-unit multi- family residential condominium style development at 841 & 845 Arcadia Avenue, subject to the conditions of approval attached hereto. 28 9 SECTION 5.The Secretary shall certify to the adoption of this Resolution. [SIGNATURES ON THE NEXT PAGE] 29 10 Passed, approved and adopted this 10th day of June, 2025. Marilynne Wilander Chair, Planning Commission ATTEST: Lisa L. Flores Secretary APPROVED AS TO FORM: Michael J. Maurer City Attorney 30 11 Page Intentionally Left Blank 31 12 RESOLUTION NO. 2167 Conditions of Approval Planning 1. The project shall be developed and maintained by the Applicant/Property Owner in a manner that is consistent with the plans submitted and conditionally approved for MFADR 24-02, TTM 25-01 (84747), TRH 25-03, and TRE 25-05, subject to the approval of the Deputy Development Services Director, or designee. 2. Any required mechanical equipment, such as backflow devices, visible from the public right-of-way shall be screened from public view. Screening may include landscaping, solid walls or other methods deemed appropriate for the development. The placement and height of said screening shall be subject to review and approval by the Deputy Development Services Director, or designee. 3. Prior to final inspection, at least two (2) 36-inch box protected trees shall be planted on the subject site as replacement trees. A Landscape Plan in compliance with the Citys Water Efficient Landscape Ordinance shall be prepared and provided. Said replacement trees must be shown on the final Landscape Plan that is submitted to Building Services for plan check, and subject to review and approval by the Planning Division. A follow-up report shall be submitted to the City prior to issuance of a Certificate of Occupancy from Building Services. Public Works 4. The Applicant/Property Owner shall submit Water Meter Clearance Application Form and provide information on size of water service lateral and water meter to the Citys Public Works Department. 5. If a water service is to be used to supply both domestic water and fire sprinklers for each unit, the developer shall separate the fire service from domestic water service at each unit with an approved back flow prevention device. 6. The Applicant/Property Owner shall install a separate water service and meter for common area landscape irrigation. A reduced pressure backflow device shall be installed. 7. Fire protection requirements shall be provided as stipulated by the Arcadia Fire Department and shall conform to the Arcadia Standard Plan. A separate fire service with Double Check Detector Assembly (DCDA) shall be installed for Fire service if required. 8. New water service installations shall be by the Applicant/Property Owner. Installation shall be according to the specifications of the Public Works Services 32 13 Department, Engineering Section. Abandonment of existing water services, if necessary, shall be by the Applicant/Property Owner, according to Public Works Services Department, Engineering Section specifications. 9. An on-site sewer system (including the backwater valve) will need to be approved by Development Services before building permits are issued. 10. Prior to removal of any city tree located on the public right-of-way, the Applicant shall obtain approval and permits from the Department of Public Works and shall comply with any request for a new street tree in a location to be determined per the Public Works Inspector. 11. New power poles are prohibited. All utility conductors, cables, conduits, and wiring supplying electrical, cable and telephone service to a multi-family building shall be installed underground except risers which are adjacent to and attached to a building. Engineering 12. The proposed development will be required to adhere to Los Angeles County Low Impact Development (LID) requirements. Ensure that all LID measures can be implemented within private property. LID plan to be provided along with the selected measures shown on the grading and drainage plan. Master Covenant of the LID and Maintenance Plan shall be recorded with the Los Angeles County Recorder prior to occupancy. 13. Prior to approval of the Final Tract map, the Owner/Applicant shall either construct or post security for all of the following off-site improvements: a) Remove existing driveway approach and construct new driveway approaches per City Standards 801-1 & 801-2. b) Remove and replace curb and gutter with 2 slot cut from property line to property line. c) Remove and replace sidewalk per City Standard 802-1 through 3 from property line to property line. d) Repaint Red Curb located at the west end of the property. 14. Prior to occupancy, the developer shall repair any damages caused by the development to the 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. If the street is under the Citys pavement moratorium list, the repair may extend from curb to curb, per the direction of the City Engineer. General 33 14 15. The Applicant/Property Owner shall comply with all City requirements regarding building safety, fire prevention, detection, suppression, emergency access, public right-of-way improvements, parking, water supply and water facilities, sewer facilities, trash reduction and recycling requirements, and National Pollutant Discharge Elimination System (NPDES) measures to the satisfaction of the Building Official, Fire Marshal, Public Works Services Director, and Deputy Development Services Director. 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. 16. 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 Applicants activities in connection with this Multi-Family Architectural Design Review No. MFADR 24-02, Tentative Tract Map No. TTM 25-01 (84747), Protected Healthy Tree Removal Permit No. TRH 25-03, and Protected Tree Encroachment Permit No. TRE 25-05 (Project) on the Project site, and which may arise from the direct or indirect operations of the Applicant or those of the Applicants contractors, agents, tenants, employees or any other persons acting on Applicants behalf, which relate to the development and/or construction of the Project. This indemnity provision applies to all damages and claims, actions, or proceedings for damages, as described above, regardless of whether the City prepared, supplied, or approved the plans, specifications, or other documents for the Project. In the event of any legal action challenging the validity, applicability, or interpretation of any provision of this approval, or any other supporting document relating to the Project, the City will notify the Applicant of the claim, action, or proceedings and will cooperate in the defense of the matter. The Applicant must indemnify, defend and hold harmless the Indemnitees, and each of them, with respect to all liability, costs and expenses incurred by, and/or awarded against, the City or any of the Indemnitees in relation to such action. Within 15 days notice from the City of any such action, the Applicant shall provide to the City a cash deposit to cover legal fees, costs, and expenses incurred by City in connection with defense of any legal action in an initial amount to be reasonably determined by the City Attorney. The City may draw funds from the deposit for such fees, costs, and expenses. Within 5 business days of each and every notice from City that the deposit has fallen below the initial amount, Applicant shall replenish the deposit each and every time in order for Citys legal team to continue working on the matter. The City shall only refund to the Developer any unexpended funds from the deposit within 30 days of: (i) a final, non-appealable decision by a court of competent jurisdiction resolving the legal action; or (ii) full and complete settlement of legal action. The City shall have 34 15 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. 17. Approval of MFADR 24-02, TTM 25-01 (84747), TRH 25-03, and TRE 25-05 shall not be in effect unless the Property Owner and Applicant have executed and filed the Acceptance Form with the City on or before 30 calendar days after the Planning Commission has adopted the Resolution. The executed Acceptance Form submitted to the Development Services Department is to indicate awareness and acceptance of the conditions of approval. ---- 35 Attachment No. 2 Attachment No. 2 Aerial image with zoning information and neighborhood photos 36 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 1963 5,322 7 Property Owner Site Address:841 ARCADIA AVE Parcel Number: 5783-014-025 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 06-Jun-2025 Page 1 of 1 37 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 1971 9,756 8 Property Owner Site Address:845 ARCADIA AVE Parcel Number: 5783-014-026 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 06-Jun-2025 Page 1 of 1 38 841 Arcadia Ave neighborhood map 1. 39 2. 3. 40 4. 5. 41 6. 7. 42 8. 9. 43 Attachment No. 3 Attachment No. 3 Historical Evaluation Report 44 DPR 523A (1/95) *Required information State of California The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # PRIMARY RECORD Trinomial NRHP Status Code 6Z Other Listings Review Code Reviewer Date Page 1 of 8 Resource Name or #:841-845 Arcadia Avenue P1. Other Identifier: *P2. Location: Not for Publication Unrestricted *a. County: Los Angeles and (P2b and P2c or P2d. Attach a Location Map as necessary.) *b. USGS 7.5' Quad: Mt. Wilson, CA Date: 1988 T 1N; R 11W; S.B.B.M. c. Address: 841-845 Arcadia Avenue City: Arcadia Zip: 91007 d. UTM: Zone: 11; mE/ mN (G.P.S.) e. Other Locational Data: (e.g., parcel) AINs: 5783-014-025 and 5783-014-026 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) This property is situated on the north side of Arcadia Avenue in a residential neighborhood. It has five buildings on two parcels and functions as one 15-unit apartment complex with one on-site manager. The five buildings are a two-story apartment building with an attached laundry room and carport (845 Arcadia Avenue, AIN 5783-014-026), a one- and two-story apartment building that includes the manager’s unit (841 Arcadia Avenue, AIN 5783-014-025), a one-story duplex with two attached carports, and two free- standing carport structures. The carports are utilitarian structures with flat roofs and moderate eaves supported by solid dividing walls and metal poles on the open elevations. The two-story, Ranch style apartment building at 845 Arcadia Avenue is roughly rectangular in plan and is surmounted by a moderately-pitched, gable-on-hip roof sheathed with composition shingles. It has moderate eaves and a brick chimney. The exterior walls are clad with horizontal boards and brick skirting on the façade and stucco on the side and rear elevations. Fenestration consists of aluminum-framed sliders and doors are wood paneled. The apartment units have exterior entrances in the east elevation that are accessed from three floating staircases, two L-shaped and one Y-shaped. The stairs, which have pebblestone treads and wrought-iron railings, lead to second floor balconies that are sheltered by wide eave overhangs and have wrought-iron railings. See Continuation Sheet *P3b. Resource Attributes: (Original uses) HP3-Multi-family property *P4. Resources Present: Building Structure Object Site District Element of District Other (Isolates, etc.) P5b. Description of Photo: (View, date, accession #) Facades, view north (7/12/24) *P6. Date Constructed/Age and Sources: Historic Prehistoric Both 1963 - 841 Arcadia Ave (Building permit) 1971 - 845 Arcadia Ave (Building permit) *P7. Owner and Address: 841 Arcadia Avenue, LLC 11001 Main Street, Suite 301c El Monte, CA 91731 *P8. Recorded by: (Name, affiliation, and address) Casey Tibbet, M.A. LSA Associates, Inc. 1500 Iowa Avenue, Suite 200 Riverside, CA 92507 *P9. Date Recorded: July 12, 2024 *P10. Survey Type: (Describe) Intensive-level CEQA compliance *P11. Report Citation: (Cite survey report and other sources or enter "none.") None. *Attachments: NONE Location Map Sketch Map Continuation Sheet Building, Structure, and Object Record Archaeological Record District Record Linear Feature Record Milling Station Record Rock Art Record Artifact Record Photograph Record Other (List): P5a. Photo or Drawing (Photo required for buildings, structures, and objects.) See Continuation Sheet 45 DPR 523B (1/95) *Required information State of California The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 8 *NRHP Status Code 6Z *Resource Name or # (Assigned by recorder)841-845 Arcadia Avenue B1. Historic Name: Briarwood Apartments (1969) B2. Common Name: B3. Original Use: Apartment complex B4. Present Use: Apartment complex *B5. Architectural Style:Ranch *B6. Construction History: (Construction date, alterations, and date of alterations) 841 Arcadia Avenue (AIN 5783-014-025) 1963 Permits issued to owner/builder Lee J. Lacher to demolish 600 square-foot dwelling (front house) and build a new 5,200 square-foot, two-story, five-unit apartment. Exterior wall material is wood and stucco. Wood shake roof. 1971 Permit issued to L. Locker to demolish the rear 500 square-foot dwelling at 841 Arcadia Avenue. 1972 Permit issued to owner Lee Lacher for curb and sidewalk. 2013 Permit issued to owner Donald and Loretta Westlund Trust for partial copper re-pipe (50 feet of repair) to existing apartment complex. 845 Arcadia Avenue (AIN 5783-014-026) 1971 Permits issued to owner Lee J. Lacher (Locker on some permits) to demolish rear 1,000 square-foot dwelling and build a two-story, eight-unit, stucco apartment and 16 garages. Contractor is listed as S. Ruiz. Finalized in 1974. 1998 Permits issued to owner Don Westlund to reroof apartment and change out two water heaters in the laundry room. *B7. Moved? No Yes Unknown Date: Original Location: *B8. Related Features: Carports B9a. Architect: None found b. Builder: Lee J. Lacher owner/builder (841 Arcadia Ave.) and S. Ruiz (845 Arcadia Ave.) *B10. Significance: Theme: Area: Period of Significance: Property Type: Applicable Criteria: NA (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity.) This 1963-1971 Ranch-style apartment complex does not meet the criteria for listing in the California Register of Historical Resources (California Register) or for designation as a Landmark under the city’s ordinance. It is not a “historical resource” for the purposes of the California Environmental Quality Act (CEQA). Historic Context: Originally owned by the San Gabriel Mission and then a part of Rancho Santa Anita, the land that includes present-day Arcadia was also owned by Scottish immigrant Hugo Reid (Architectural Resources Group 2016). Reid was the first to make a modern impact on the land, raising cattle and building the first structure. After a succession of owners, in 1875 Elias J. “Lucky” Baldwin purchased 8,000 acres of the rancho along with much of the surrounding area (Ibid.). He established the Baldwin Ranch in the area that now contains the Los Angeles County Arboretum in what would become Arcadia (Ibid.). Residential development from 1875 to 1909 is one of the first important themes in the City’s history (Architectural Resources Group 2016). See Continuation Sheet B11. Additional Resource Attributes: (List attributes and codes) *B12. References: Ancestry.com Var. A variety of records were accessed online in July and August 2024 at: http://home.ancestry.com/. These include city directories, voter registration records, and United States Census Data. Arcadia Historical Society 2021 Arcadia History. Our History. Accessed online in September 2021 at: https://arcadiahistoricalsociety.org/arcadia-history/ See Continuation Sheet B13. Remarks: *B14. Evaluator: Casey Tibbet, M.A., LSA Associates, Inc., 1500 Iowa Avenue, Suite 200, Riverside, CA 92507 *Date of Evaluation: August 2024 (This space reserved for official comments.) (Sketch Map with north arrow required.) Refer to Location Map 46 DPR 523L (1/95) *Required Information State of California - The Resources Agency DEPARTMENT OF PARKS AND RECREATION CONTINUATION SHEET Primary # HRI # Trinomial Page 3 of 8 *Resource Name or #: (Assigned by recorder) 841-845 Arcadia Avenue *Recorded by LSA Associates, Inc. *Date: August 2024 X Continuation Update *P3a. Description (continued from page 1) The one- and two-story Ranch style apartment building at 841 Arcadia Avenue is roughly rectangular in plan. It has a moderately- pitched, multi-level, gable-on-hip roof sheathed with composition shingles and has a brick chimney and moderate eaves. The exterior walls are clad with horizontal boards and brick skirting (façade) and stucco (other elevations). Fenestration is aluminum-framed sliders and sliding glass doors. Most of the apartment doors appear to be wood and glass. The apartment entrances are in the east elevation. The second story units are accessed by a central Y-shaped staircase with wrought-iron railings that leads to a full-width balcony. The balcony is recessed under the eave, which is supported by wood posts spanned by a wrought-iron balustrade. The one-story, two-unit Ranch style building (841 Arcadia Avenue units G and H) is rectangular in plan. It is surmounted by a low- pitched, multi-level, side-gable roof sheathed with composition shingles. The exterior walls are clad with board-and-batten siding (façade) and stucco (other elevations). Fenestration consists of aluminum-framed sliders. The west-facing symmetrical façade has an attached, single-car carport, two pairs of vertical-rectangular sliders, a door, two pairs of horizontal-rectangular sliders, a door, two pairs of vertical-rectangular sliders, and an attached, one-car carport. An extended eave supported by wood posts spans the width of the façade (excluding the carports). The property is in fair condition and retains a high degree of integrity. P5a. Photo (continued from page 1) 845 Arcadia Avenue, east elevation, view southwest (7/12/24). 845 Arcadia Avenue, east elevation, view northwest (7/12/24). 841 Arcadia Avenue, south and east elevations, view northwest (7/12/24). 841 Arcadia Avenue, east elevation, view west (7/12/24). See Continuation Sheet 47 DPR 523L (1/95) *Required Information State of California - The Resources Agency DEPARTMENT OF PARKS AND RECREATION CONTINUATION SHEET Primary # HRI # Trinomial Page 4 of 8 *Resource Name or #: (Assigned by recorder) 841-845 Arcadia Avenue *Recorded by LSA Associates, Inc. *Date: August 2024 X Continuation Update P5a. Photo (continued from page 3) 841 Arcadia Avenue, units G and H, façade, view east (7/12/24). *B10. Significance: (continued from page 2) In 1883, Baldwin subdivided 3,000 acres into the Santa Anita Tract (Architectural Resources Group 2016). The townsite included “town lots, villa sites, and larger 30-acre farm parcels (Architectural Resources Group 2016:27). Despite the construction of the Los Angeles & San Gabriel Valley Railroad (LA&SGVR) and one of its depots in the new townsite, sales were slow and “Baldwin deeded the remaining acreage of the Santa Anita Tract to his ranch manager Hiram Unruh” who had much greater success (Ibid.). By 1887, the townsite was known as Arcadia and the Atchison, Topeka & Santa Fe Railroad (ATSF) had gained control of the LA&SGVR, bringing more traffic through the area (Ibid.). The densest development occurred in the core of the town near the intersection of the ATSF and Southern Pacific railroads (Architectural Resources Group 2016:33). Residential development in this part of town was on small lots, while development further south was on multi-acre parcels (Ibid.). As late as 1903, when a census was taken to ascertain the population of the proposed City of Arcadia, the area only had 642 residents, and many lived and worked on the Baldwin Ranch or were temporary residents working for the railroads (Ibid.). Regardless, with a booming economy increasingly based on entertainment, horse racing, hospitality, and gambling, Arcadia was incorporated in 1903, with Baldwin as its first mayor (Arcadia Historical Society 2021). Moving into the 1910s, Arcadia’s growth remained slow and steady (Architectural Resources Group 2016). However, the city began shifting away from “its sporting days to more respectable pursuits, as it outlawed liquor licensing in 1912 and embarked on a series of civic improvements” (Architectural Resources Group 2016:44). By 1915, electric streetlights had been installed in some areas and streets were graded and oiled (Ibid.). Residential development in the 1910s saw the subdivision of larger parcels into smaller ones (2.5 to 5 acres) that attracted a wider variety of buyers who were interested in a more suburban lifestyle with room for some agricultural pursuits (Architectural Resources Group 2016:49). Most of the 1910s subdivisions followed a grid pattern with graded and sometimes paved roads without curbs or sidewalks (Architectural Resources Group 2016). After World War I, the region thrived and the 1920s were a transformative period in Arcadia’s development (Ibid.). Residential subdivision accelerated with tracts designed in grid patterns like those of the 1910s, but with smaller lots (Architectural Resources Group 2016:36). Single-family residential construction dominated the period (Ibid.). Most of these were modest in size and the earliest were constructed in the Craftsman style, with Period Revival styles becoming dominant in the mid-1920s and into the 1930s (Ibid.). The smaller lot subdivisions were located closer to the original town center, Pacific Electric lines, and the commercial district at Huntington and First, while the larger multi-acre lots were in what was then the southern part of town (Ibid.). The 1929 to 1941 period was characterized nationally by massive unemployment and economic uncertainty, but Arcadia was one of the few places that did not experience a near cessation of construction (Architectural Resources Group 2016:65). The major factors for this were Anita Baldwin selling off the remaining approximately 1,300 acres of the Baldwin Ranch; establishment of military facilities and the related increase in demand for commercial businesses; and construction of a county park, which was a large Works Progress Administration (WPA) project (Ibid.). “In 1933, California re-legalized horse race betting, and Anita Baldwin seized her opportunity to revive her father’s racetrack dream” (Architectural Resources Group 2016:55). She sold 214 acres to a group of investors who hired Gordon Kaufman to design the grandstand, Turf Club, and clubhouse and landscape designer Tommy Tomson to design the park’s lush landscaping (Ibid.). “Santa Anita Park opened on Christmas day, 1934, and quickly became Arcadia’s signature landmark” (Ibid.). Other Baldwin acreage was parceled out into a number of residential subdivisions that jumpstarted construction between 1936 and 1941 (Ibid.). In Arcadia, multi-family development remained a very small component of the city’s housing stock during the Depression and World War II (WWII; Architectural Resources Group 2016). With the end of WWII and the return of thousands of veterans, Arcadia and the greater Los Angeles area saw an enormous explosion in the development of affordable housing. “For the first time in Arcadia, construction of multi-family housing helped to accommodate the large influx of new residents (Ibid.:86). Courtyard apartments were built along major thoroughfares like Baldwin Avenue, Santa Anita Avenue, and Huntington Drive (Ibid.). See Continuation Sheet 48 DPR 523L (1/95) *Required Information State of California - The Resources Agency DEPARTMENT OF PARKS AND RECREATION CONTINUATION SHEET Primary # HRI # Trinomial Page 5 of 8 *Resource Name or #: (Assigned by recorder) 841-845 Arcadia Avenue *Recorded by LSA Associates, Inc. *Date:August 2024 X Continuation Update *B10. Significance: (continued from page 4) In the 1950s, one-story fourplexes and courtyard apartments were common, but in the 1960s two-story apartments and courtyard housing became more popular (Architectural Resources Group 2016). Residential construction in the 1960s was largely single- and multi-family infill housing in the Contemporary Ranch and Mid-Century Modern styles (Ibid.). Development during the 1945-1970 period transformed the city from semi-rural to suburban earning it the nickname a “Community of Homes” (Architectural Resources Group 2016:85). Post World War II Residential Development (1945-1973). This apartment complex was constructed in 1963 and 1971 and is associated with the post-WWII residential boom that made a significant contribution to the broad patterns of local, regional, and even national history. In the 1960s, demographic and social changes led to major changes in the housing market (California Department of Transportation 2011). Young adults waited longer to get married and had children later. This, coupled with a rising divorce rate, created a demand for single-person households that translated into a demand for apartments (California Department of Transportation 2011). “The proportion of multi-family housing (apartments and condominiums) grew steadily in the 1960s, surpassing 40 percent of all new housing units constructed each year from 1968 through 1973. In California, the proportion of multi-family housing began to increase in the late 1950s and grew to become a majority of the new housing units built from 1962-64 and again from 1969-73” (California Department of Transportation 2011:53). Most of the multi-family construction “took the form of low-rise garden apartment complexes in suburban areas. These typically consisted of multiple two-story buildings with separate, common parking shelters. Some of the larger apartment and condominium complexes had layouts based on cluster planning principles, with considerable areas of open space. Many included facilities for recreation such as swimming pools and tennis courts. Such shared amenities became increasingly popular, probably more than amenities within the individual living spaces, as builders competed for a portion of the youthful apartment market” (California Department of Transportation 2011:53). According to the evaluation criteria provided in the Arcadia Citywide Historic Resources Survey Report (2016), most residential properties associated with the theme of post-WWII housing will not be individually significant since individually they do not express the patterns of post-WWII development. However, collections of single- and/or multi- family properties may be historically significant if they “are excellent and intact examples of residential development representing the growth of the city during this period” (1945-1970) (Architectural Resources Group 2016:94). People Associated with this Property. According to building permits, the apartment complex was owned and built by Lee J. Lacher in 1963 and Lacher and S. Ruiz in 1971 (City of Arcadia var.). No information was found for S. Ruiz. Research identified Lee J. Lacher as a postal carrier in 1941 and as a Los Angeles police officer in 1944 through 1963 (Ancestry.com var.). In 1952, 27-year-old officer Lacher shot and wounded a 13-year-old would-be robber (Los Angeles Evening Citizen News 1952). In 1955, Detective Lacher and his partner shot and wounded a 17-year-old accused of attacking a sleeping housewife (Los Angeles Times 1955). By 1965, he was retired (Ancestry.com var.). In 1963, Lee and Christine E. Lacher were listed at 841 Arcadia Avenue where they remained until at least 1969 (Ibid.). Residents identified at 841 Arcadia Avenue between 1963 and 1970 are listed below. Apartment # Name Years 841 Lee J. Lacher 1963, 1965, 1969 841-A Steve Colter Fred and Frances Outbank Mrs. Aileen Somers 1963 1965 1969 841-B Vacant Robert T. Stewart 1963 1965, 1969 841-D No listing John L. McArthur 1963, 1965 1969 841-E No listing Dewey Andersen 1963 1965, 1969 841-F No listing Marcis Cusumano Mrs. Helen E. McGrath 1963 1965 1969 841-G No listing Mrs. Ethel Fleming E. Greenwood 1963 1965 1969 841-H No listing Thomas Lally Helen Russell 1963 1965 1969 See Continuation Sheet 49 DPR 523L (1/95) *Required Information State of California - The Resources Agency DEPARTMENT OF PARKS AND RECREATION CONTINUATION SHEET Primary # HRI # Trinomial Page 6 of 8 *Resource Name or #: (Assigned by recorder) 841-845 Arcadia Avenue *Recorded by LSA Associates, Inc. *Date: August 2024 X Continuation Update *B10. Significance: (continued from page 5) No additional information was found for any of the residents listed at 841 Arcadia Avenue. No residents were found for 845 Arcadia Avenue. Significance Evaluation. In compliance with CEQA, this property is being evaluated under the California Register criteria and the City of Arcadia criteria for Landmarks (Chapter 1, Section 9103.17.060 of the City’s Municipal Code). The California Register criteria and 1-4 of the local criteria are identical, however, in addition to meeting one of the first four criteria, the local criteria also requires that the property either be listed in the National Register of Historic Places or California Register (criterion 5) or be an iconic property (criterion 6). Because of this additional requirement, the local criteria are more restrictive than the California Register criteria. Therefore, it is possible for a resource to meet the California Register criteria, but not the local criteria. Criterion 1 - Associated with events that have made a significant contribution to the broad patterns of local or regional history or the cultural heritage of California or the United States. This apartment complex is associated with the post-WWII residential boom that made a significant contribution to the broad patterns of local, regional, and even national history. In the 1960s, young adults waited longer to get married and had children later. Along with a rising divorce rate, this created a demand for single-person households that translated into a demand for multi-family housing. In California, the proportion of multi-family housing (typically condominiums and apartments) grew to become the majority of new housing units built from 1962-1964, and again from 1969-1973 (California Department of Transportation 2011). Overall, the single-family detached house was the predominant housing type during the post-WWII period and the single-family tract is the fundamental unit for postwar housing. This low-rise complex was constructed during the two most prolific periods of postwar multi-family construction in California and retains enough integrity to convey its association with that period. In addition, it is located in an area dominated by historic-period and modern apartment complexes. Of the approximately 60 properties on Arcadia Avenue between S. Sunset Boulevard and S. Baldwin Avenue, nearly half date to the postwar (1945-1973) period while nearly as many were built between 1974 and 2024 (Los Angeles County Office of the Assessor n.d.). Based on a reconnaissance-level survey, the high number of modern intrusions have compromised the cohesiveness of the historic fabric, therefore, the area is not a good example of the postwar pattern of multi-family development and does not rise to the level of other multi-family neighborhoods in the city. The property is not significant under this criterion. Criterion 2 - Associated with the lives of persons important to local, California or national history. Based on the research discussed above, the apartment complex does not appear to be associated with persons important in history. It is not significant under this criterion. Criterion 3 -Embodies the distinctive characteristics of a type, period, region or method of construction or represents the work of a master or possesses high artistic values. This apartment complex embodies characteristics of the Ranch style of architecture including the moderately-pitched gable-on-hip roofs, combination of wood, brick, and stucco siding materials, and the horizontal massing. However, the overall design is unremarkable and does not rise to a level beyond the ordinary. No evidence was found that it is the work of a master architect or builder and it does not embody the design ideals of the Ranch style more than others of its type. It is not significant under this criterion. Criterion 4 - Has yielded, or has the potential to yield, information important to the prehistory or history of the local area, California or the nation. This apartment complex was built in 1963 and 1971 using common materials and construction practices. It does not have the potential to yield information important to the history or prehistory of the local area, California, or the nation. It is not significant under this criterion. In addition to meeting one or more of the above criteria, the local criteria requires that one of the following criteria be met. Local Criterion 5 – Is listed on the National Register of Historic Places and/or California Register of Historical Resources. The online National Register database (current through 2012) and the National Register weekly lists from 2013 through the present, were searched, but no listings for this property were found (National Park Service n.d.a and n.d.b). In addition, a variety of sources were consulted including the California Office of Historic Preservation’s (OHP) Built Environment Resource Directory (BERD), the 2016 Citywide Historic Resources Survey Report, and the Los Angeles Conservancy website to determine whether this property is listed in or is eligible for listing in either the National Register or California Register (California Office of Historic Preservation 2021). No listing for this property was found. It is not significant under this criterion. See Continuation Sheet 50 DPR 523L (1/95) *Required Information State of California - The Resources Agency DEPARTMENT OF PARKS AND RECREATION CONTINUATION SHEET Primary # HRI # Trinomial Page 7 of 8 *Resource Name or #: (Assigned by recorder) 841-845 Arcadia Avenue *Recorded by LSA Associates, Inc. *Date: August 2024 X Continuation Update *B10. Significance: (continued from page 6) Local Criterion 6 – Is an iconic property. According to the City’s ordinance, iconic means a property that “exhibits the City’s unique character, history, or identity and/or has been visited and photographed so often by residents and visitors to the city that it has become inextricably associated with Arcadia” (9103.17.160 Definitions). This apartment is a common type and style; it does not exhibit the City’s unique character, history, or identity. Although there are some photographs of the property online, they are associated with recent real estate advertisements. Online searches of historic images of Arcadia did not reveal any photos of this property. It is not significant under this criterion. *B12. References: (continued from page 2) Architectural Resources Group 2016 “City of Arcadia Citywide Historic Context Statement.” Accessed online at: https://www.arcadiaca.gov/government/city- departments/development-services/historic-preservation California Department of Transportation 2011 Tract Housing in California, 1945-1973. A Context for National Register Evaluation. Caltrans Division of Environmental Analysis, Sacramento. California Office of Historic Preservation (OHP) 2021 Built Environment Resource Directory for Los Angeles County. Accessed online in July 2024 at: https://ohp.parks.ca.gov/?page_id=30338 City of Arcadia Var. Building permits for 841 and 845 Arcadia Avenue. Accessed online in July and August 2024 at: https://laserfiche.arcadiaca.gov/WebLink/Browse.aspx?startid=537578&cr=1 City of Los Angeles 2011 Jefferson Park HPOZ Preservation Plan, City of Los Angeles. On file at the City of Los Angeles. Los Angeles County Office of the Assessor n.d. Property information accessed online in July and August 2024 at: https://maps.assessor.lacounty.gov/m/ Los Angeles Evening Citizen News 1952 Boy, 13, Shot, Chum Held in Toy “Robbery”. December 13, page 3. Los Angeles Times 1955 Wounded Youth Held in Attack on Housewife. June 10, page 26. National Park Service n.d.a National Register Database and Research. Accessed online in July 2024 at: https://www.nps.gov/subjects/nationalregister/weekly-list.htm n.d.b Weekly Lists Previous Years. Accessed online in August 2024 at: https://www.nps.gov/subjects/nationalregister/weekly-lists- previous-years.htm 51 52 Attachment No. 4 Attachment No. 4 Tentative Tract Map No. TTM 25-01 (84747) 53 54 55 Attachment No. 5 Attachment No. 5 Architectural Plans 56 57 58 59 60 61 62 63 64 65 66 Attachment No. 6 Attachment No. 6 Arborist Report 67 Prepared for: Eric Tsang Eric Tsang Architects September 27, 2024 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 841 Arcadia Ave Arcadia, CA 91007 September 27, 2024 Javier Cabral / Consulting Arborist Pg. # 1 ISA Certified Arborist 31 December 2025 68 Summary & Background And 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 17 Tree Protection Plan ----------------------------------------------------- pg. 18 thru 20 Addendum May 16, 2025 ----------------------------------------------- pg. 21 thru 25 Arborist Signature Page ------------------------------------------------- pg. 26 Certificate Of Performance --------------------------------------------- pg. 27 Eric Tsang 841 Arcadia Ave Arcadia, CA 91007 September 27, 2024 Javier Cabral / Consulting Arborist Pg. # 2 69 Mr. Tsang, You have retained my consulting arborist services to provide a tree inventory and tree protection plan for the property described as 841 Arcadia Ave Arcadia, CA 91007. You are in the planning and permitting stages of demolishing the existing structures and building a new 18 unit condominium. Mr. Tsang has requested that I provide the following arboricultural services. 1) Identify all trees on the property and label them on the architectural drawings as provided to the arborist by Mr. Eric Tsang. 2) Evaluate the current health of the trees and make recommendations based on their health and proposed construction activities. 3) Provide a protection plan for all protected trees to remain based on the proposed site plan. The following report is based on my site visit on July 21, 2024 and my analysis of the trees, survey, site plan, and the surrounding landscape. For the purpose of this report, I will address these trees as on-site (Trees # 1 thru 19) and (off-site Tree # 20.) Eric Tsang 841 Arcadia Ave Arcadia, CA 91007 September 27, 2024 Javier Cabral / Consulting Arborist Pg. # 3 70 A one-story single-family home currently exists on this property located at 841 Arcadia Ave Arcadia, CA 91007. There is a total of (20) trees that will be inventoried including (2) protected city owned tree and (1) off-site Deodar cedar tree. (2) protected trees are proposed to be removed for this project and all remaining protected trees are expected to survive in good health. Google Earth Image Eric Tsang 841 Arcadia Ave Arcadia, CA 91007 September 27, 2024 Javier Cabral / Consulting Arborist Pg. # 4 71 A) - Healthy, vigorous tree, reasonably free of disease, with good structure and form typical of the species. B) - A tree with slight decline in vigor, small amount of twig dieback, minor structural defects that could be corrected. C) - A tree with moderate vigor, moderate twig and small branch dieback, thinning crown, poor leaf color, moderate structural defects that might be mitigated. D) A tree in decline, epicormics growth, extensive dieback of medium to large branches, significant structural defects that cannot be abated. F) A tree in severe decline, dieback of scaffold branches and or trunk, mostly epicormics growth, extensive structural defects that cannot be abated. List Inventory Pg. 1 Tree # 2 will be trimmed to remove the dead central leader and restored to good health with mulch, water, and fertilizer. Eric Tsang 841 Arcadia Ave Arcadia, CA 91007 September 27, 2024 Javier Cabral / Consulting Arborist Pg. # 5 72 List Inventory Pg. 2 Eric Tsang 841 Arcadia Ave Arcadia, CA 91007 September 27, 2024 Javier Cabral / Consulting Arborist Pg. # 6 73 Site Plan With Trees (full scale) Protected trees to be removed shall be replaced At a two-to-one ratio. The Location of the replacement trees shall be determined by the Landscape Architect and not the Arborist, as the arborist is not a specialist in landscape architecture and design . Eric Tsang 841 Arcadia Ave Arcadia, CA 91007 September 27, 2024 Javier Cabral / Consulting Arborist Pg. # 7 74 Site Plan With Trees (cropped) Eric Tsang 841 Arcadia Ave Arcadia, CA 91007 September 27, 2024 Javier Cabral / Consulting Arborist Pg. # 8 75 Tree # 1 (facing west) Eric Tsang 841 Arcadia Ave Arcadia, CA 91007 September 27, 2024 Javier Cabral / Consulting Arborist Pg. # 9 Tree # 1 76 Trees # 2 & 3 (facing west) Eric Tsang 841 Arcadia Ave Arcadia, CA 91007 September 27, 2024 Javier Cabral / Consulting Arborist Pg. # 10 Tree # 2 Tree # 3 77 Trees # 4 thru 6 (facing west) Eric Tsang 841 Arcadia Ave Arcadia, CA 91007 September 27, 2024 Javier Cabral / Consulting Arborist Pg. # 11 Tree # 4 Tree # 5 Tree # 6 78 Trees # 7 thru 9 (facing north) Eric Tsang 841 Arcadia Ave Arcadia, CA 91007 September 27, 2024 Javier Cabral / Consulting Arborist Pg. # 12 Tree # 7 Tree # 8 Tree # 9 79 Trees # 10 & 11 (facing sourth) Eric Tsang 841 Arcadia Ave Arcadia, CA 91007 September 27, 2024 Javier Cabral / Consulting Arborist Pg. # 13 Tree # 10 Tree # 11 80 Trees # 12 thru 14 (facing north) Eric Tsang 841 Arcadia Ave Arcadia, CA 91007 September 27, 2024 Javier Cabral / Consulting Arborist Pg. # 14 Tree # 12 Tree # 13 Tree # 14 81 Trees 15 thru 18 (facing north) Eric Tsang 841 Arcadia Ave Arcadia, CA 91007 September 27, 2024 Javier Cabral / Consulting Arborist Pg. # 15 82 Tree # 19 (facing north) Eric Tsang 841 Arcadia Ave Arcadia, CA 91007 September 27, 2024 Javier Cabral / Consulting Arborist Pg. # 16 Tree # 19 83 Tree # 20 (facing south) Eric Tsang 841 Arcadia Ave Arcadia, CA 91007 September 27, 2024 Javier Cabral / Consulting Arborist Pg. # 17 Tree # 20 Dead tips Dead tips Dead tips Sparse canopy 84 1) Avoid damaging the roots, stem, and branches with mechanical and manual equipment. No roots shall be vered with a sharp tool such as a hand saw or manual pruners. 2) Avoid soil compaction by prohibiting the use of heavy equipment such as backhoes and bobcats under the tree drip line. If access within the TPZ is required during the construction process, the route shall be covered in a 6-inch layer of mulch in the TPZ and the area shall be aerated and fertilized at the conclusion of construction. 3) Do not store or park tools, equipment, vehicles, or chemicals under the tree drip line. No equipment or debris of any kind shall be placed within the TPZ. No fuel, paint, solvent oil, thinner, asphalt, cement, grout, or any other construction chemical shall be stored or allowed in any manner to enter within the TPZ. 4) Avoid washing of equipment and tools such as wheel barrels, shovels, and mechanical motors under the tree drip line. 5) Prevent flooding and pooling of service water under the drip line. Grade changes that will flood the TPZ are prohibited unless a drainage plan is implemented. No grade changes within the TPZ shall be allowed. 6) Avoid cutting tree roots whenever possible. This can sometimes be accomplished by bridging roots, tunneling, or radial trenching. If roots must be cut use a sharp tool that will make a clean flush cut and not tear the roots. If possible, all digging under the tree drip line should be done manually to avoid tearing out of roots. Roots outside of the TPZ may be cleanly severed vertically with a sharp garden tool. 7) Do not raise or lower the grade within the tree protection zone of any protected trees unless approved by the project arborist. Roots greater than 1 inch in diameter that are exposed or damaged shall be cut with a sharp tool such as a hand saw, pruners, or loppers and covered with soil in conformance to industry standards. If any work is required within the TPZ the Arborist shall be consulted previous to beginning. The Arborist shall be contacted as soon as possible to arrange for a timely inspection and prevent delays. Eric Tsang 841 Arcadia Ave Arcadia, CA 91007 September 27, 2024 Javier Cabral / Consulting Arborist Pg. # 18 85 8) Landscape preparation & excavation within the TPZ shall be limited to the use of hand tools and small hand-held power tools and shall not be of a depth that could cause root damage. No attachments or wires other than those of a protective or non-damaging method shall be attached to a protected tree. 9) Construction personnel should be briefed on the importance of the guidelines before construction begins and reminded of it during tailgate meetings and as necessary. A printed copy should be posted where employees can be reminded of it. 10) All protected trees shall be watered before, during, and after construction as needed to prevent drought stress and tree death until sprinklers have been installed and are functional. Eric Tsang 841 Arcadia Ave Arcadia, CA 91007 September 27, 2024 Javier Cabral / Consulting Arborist Pg. # 19 86 Site Plan With Protection Fencing (cropped) Eric Tsang 841 Arcadia Ave Arcadia, CA 91007 September 27, 2024 Javier Cabral / Consulting Arborist Pg. # 20 87 Addendum May 16, 2025 Consulting Arborist Javier Cabral reinspected the # 2 Redwood tree that is proposed to be preserved. The purpose of the reinspection was to determine the cause of the dead leader tip and other dead wood within the canopy and to determine how to improve its health and long term viability. The following findings and remediation measures were taken. Findings: 1) The tree trunk and branches show no signs of disease or insect infestation. 2) New sprouts are growing throughout the canopy, and the tree is not losing foliage. 3) The foliage is of good size and color 4) The soil is very dry as irrigation coverage is poor within the planter, although the east side of the tree has a healthy lawn and roots receive water from the lawn irrigation. 5) I have determined that in past years drought and inadequate or lack of irrigation led to tree stress and dead branches on top, consistent with lack of water and water not reaching the upper branches. Remediation measures taken on May 16, 2025 1) No insect infestations or disease were found leaving the most likely cause of decline as lack of irrigation volume and coverage. 2) The tree was trimmed to remove the dead central leader tip and all dead wood 3) The tree was fertilized with a 16-6-8 formulation to provide nutrients for the tree to increase growth and health. 4) The planter around the base of the tree was mulched to help moderate soil temperature, hold water, and decrease water evaporation. 5) A plan has been relayed to install a solar powered irrigation system for the tree before, during and after construction to ensure that drought and water stress can no longer impact the health of the tree. 6) All excavations under the dripline of this tree shall be done manually with handheld manual tools and handheld power tools only. 7) The Arborist Javier Cabral will visit the site once a month to ensure that recommendations are followed and adhered to. Expectations for tree health 1) It is my opinion that with the remediation work, including the Tree Protection Plan, and future maintenance and adequate irrigation, that this Redwood tree will improve significantly and survive in good health. Eric Tsang 841 Arcadia Ave Arcadia, CA 91007 May 16, 2025 Javier Cabral / Consulting Arborist Pg. # 21 88 Picture before remediation measures Eric Tsang 841 Arcadia Ave Arcadia, CA 91007 May 16, 2025 Javier Cabral / Consulting Arborist Pg. # 22 Tree # 2 Dead tip 89 Picture after trimming Eric Tsang 841 Arcadia Ave Arcadia, CA 91007 May 16, 2025 Javier Cabral / Consulting Arborist Pg. # 23 Tree # 2 Tree # 2 after trimming 90 Picture during fertilization Eric Tsang 841 Arcadia Ave Arcadia, CA 91007 May 16, 2025 Javier Cabral / Consulting Arborist Pg. # 24 Tree # 2 Arborist applying fertilizer 91 Picture after mulch application Eric Tsang 841 Arcadia Ave Arcadia, CA 91007 May 16, 2025 Javier Cabral / Consulting Arborist Pg. # 25 Tree # 2 92 Eric Tsang 841 Arcadia Ave Arcadia, CA 91007 May 16, 2025 Javier Cabral / Consulting Arborist Pg. # 26 93 I Javier Cabral certify the following: No warranty is made, expressed or implied, that problems or deficiencies of the trees or the property will not occur in the future, from any cause. The Arborist shall not be responsible for damages or injuries caused by any tree defects and assume no responsibility for the correction of defects or tree related problems. The owner and client of the trees may choose to accept or disregard the recommendations of the Arborist or seek additional advice if the owner decides not to accept the Arborists findings or recommendations. The Arborist has no past, present or future interest in the removal or preservation of any tree. The opinions contained in the Arborist report are independent and objective judgements of the Arborist. The findings, opinions, and recommendations of the Arborist are based on based on the physical inspection of said property. The opinions are based on knowledge, experience, and education. The Arborist shall not be required to provide testimony, provide site monitoring, provide further documentation for changes beyond the control of the Arborist, be deposed, or to attend any meeting without contractual arrangements for additional fees to the Arborist. The Arborist assumes no responsibility for verification of ownership or location of property lines, or for any recommendations based on inaccurate information. This Arborist report may not be reproduced without the expressed written permission or the Arborist and the client to whom the report was provided to. Any changes or alteration of this report invalidates the entire report. Arborists are tree specialists who use their education, knowledge, training and experience to examine trees, recommend measures to enhance the beauty and health of trees, make recommendations to prevent or minimize damage to trees during and after construction projects, and attempt to reduce the risk of living near trees. Clients may choose to accept or disregard the recommendations of the arborist, or to seek additional advice. Arborists cannot detect every condition that could possibly lead to the structural failure of a tree. Trees are living organisms that fail in ways we do not fully understand. Conditions are often hidden within trees and below ground. Arborists cannot guarantee that a tree will be healthy or safe under all circumstances, or for a specified period of time. Likewise, remedial treatments, like any medicine, cannot be guaranteed. services such as property boundaries, property ownership, site lines, disputes between neighbors, and other issues. Arborists cannot take such considerations into account unless complete and accurate information is disclosed to the arborist. An arborist should then be expected to reasonably rely upon the completeness and accuracy of the information provided. Trees can be managed, but they cannot be controlled. To live near trees is to accept some degree of risk. The only way to eliminate all risk associated with trees is to eliminate all trees. Eric Tsang 841 Arcadia Ave Arcadia, CA 91007 May 16, 2025 Javier Cabral / Consulting Arborist Pg. # 27 94 Attachment No. 7 Attachment No. 7 Preliminary Exemption 95 Preliminary Exemption Assessment FORM “A” PRELIMINARY EXEMPTION ASSESSMENT 1.Name or description of project:MULTIPLE FAMILY ARCHITECTURAL DESIGN REVIEW NO. MFADR 24-02, TENTATIVE TRACT MAP NO. TTM 25-01 (84747), PROTECTED HEALTHY TREE REMOVAL PERMIT NO. TRH 25-03, AND PROTECTED TREE ENCROACHMENT PERMIT NO. TRE 25-05 FOR AN 18 UNIT CONTEMPORARY STYLE, MULTI-FAMILY RESIDENTIAL DEVELOPMENT AT 841 & 845 ARCADIA 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): 841 & 845 Arcadia Avenue 3.Entity or person undertaking project: A. B.Other (Private) (1)Name 841 Arcadia LLC (2)Address 11001 MAIN ST STE 301C, EL MONTE, CA 91731-2620 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 Infill) 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 29, 2025 Staff: Fiona Graham, Planning Services Manager 96 DATE: June 10, 2025 TO: Honorable Chair and Planning Commission FROM: Lisa L. Flores, Deputy Development Services Director Fiona Graham, Planning Services Manager Prepared By: Gary Yesayan, Associate Planner SUBJECT: RESOLUTION NO. 2168 APPROVING CONDITIONAL USE PERMIT NO. CUP 24-12 TO ALLOW A COFFEE SHOP WITH A DRIVE-THROUGH AND OUTDOOR SEATING LOCATED AT 82 LAS TUNAS DRIVE CEQA: Exempt Recommendation: Adopt SUMMARY The Applicant, Anthony Rodriguez, is requesting approval of Conditional Use Permit No. CUP 24-12 to allow a new coffee shop with a drive-through and outdoor seating (dba: Da Vien Coffee) at an existing vacant commercial building located at 82 Las Tunas Drive. The subject property was previously occupied by a restaurant with a drive-through but has been vacant since 2022. The project will include an interior tenant improvement and minor exterior changes. No major changes to the existing site or expansion to the existing building are proposed. It is recommended that the Planning Commission adopt Resolution No. 2168 (Attachment No. 1), find this project Categorically Exempt under the California Environmental Quality Act (CEQA), and approve Conditional Use Permit No. CUP 24-12, subject to the conditions of approval listed in this staff report. BACKGROUND The subject site is a 29,910 square foot commercial property developed with a 2,995 square foot commercial building that includes a drive-through and an outdoor patio/seating area. The property is a through lot, with vehicular access from Las Tunas Drive to the north and W. Live Oak Avenue to the south. It is zoned General Commercial (C-G) and currently provides 47 on-site parking spaces. The existing building was constructed in 1985 and was occupied by a Burger King restaurant with a drive-through from the time of original development until it was vacated in 2022. The 97 Da Vien Coffee & Drive-Through / CUP 24-12 June 10, 2025 Page 2 of 12 surrounding area consists primarily of commercial uses and is located within a commercially zoned district. Adjacent uses include a commercial plaza immediately to the east, a vehicle leasing business and animal hospital to the west, and real estate offices to the north and across Las Tunas Drive. To the south, across W. Live Oak Avenue, are general automotive and medical offices. Figure 1 below shows the location of the subject site. Additional aerial imagery and site photographs are included in Attachment No. 2. Figure 1: The subject site PROPOSAL The proposed project will introduce a new coffee shop, Da Vien Coffee, to the existing developed site. The business will utilize the existing drive-through and outdoor seating area. The scope of work includes interior tenant improvements, with no exterior changes other than repainting. No other site modifications are proposed, except for accessibility upgrades to comply with the Americans with Disabilities Act (ADA) and the addition of Code-compliant bicycle parking. Updates to signage and drive-through menu boards will be subject to a separate staff-level review and approval through a Sign Architectural Design Review (SADR) application, following approval of this Conditional Use Permit (CUP) and issuance of a business license. Da Vien Coffee specializes in Vietnamese coffee and currently operates four locations in California: Westminster, Garden Grove, Stanton, and Cerritos (see Figure 2). The Stanton 98 Da Vien Coffee & Drive-Through / CUP 24-12 June 10, 2025 Page 3 of 12 -through. The Arcadia location will be Da Vien Coffee -through. The shop will be open daily from 6:00 a.m. to 10:00 p.m. It will offer indoor and outdoor seating, drive-through service, and an option for online ordering with onsite pickup. The menu will feature hot and cold Vietnamese coffees, teas, and lattes, along with a limited selection of food items such as ham and cheese croissants. Figure 2: Da Vien Coffee Shop and Drive-Through, Stanton, CA. ANALYSIS Pursuant to the Development Code, drive-through facilities in the General Commercial (C- G) zone require a Conditional Use Permit (CUP). Although the site is already developed with a commercial building and drive-through, the previous restaurant (Burger King) has been vacant for more than two (2) years. As a result, the prior CUP has expired, and a new CUP is required for the proposed coffee shop, which includes both outdoor seating and a drive- through. Additionally, the Development Code requires a Minor Use Permit (MUP) for restaurants over 2,000 square feet and for outdoor dining areas with more than 12 seats. While a MUP does not require a public hearing, the proposed drive-through requires a CUP with the same findings. Therefore, the entire project including the large restaurant use, outdoor dining, and drive-through is being considered by the Planning Commission under a single CUP application. Parking: Pursuant to the Development Code, restaurants over 2,000 square feet must provide at least one (1) parking space per 100 square feet of floor area. Therefore, the existing 2,995- square-foot building requires a minimum of 30 on-site parking spaces. In addition, outdoor seating areas with more than 12 seats must provide one (1) parking space for every six (6) seats. With 36 proposed outdoor seats, an additional six (6) spaces are required. This results 99 Da Vien Coffee & Drive-Through / CUP 24-12 June 10, 2025 Page 4 of 12 in a total minimum parking requirement of 36 spaces. The site provides 47 on-site parking spaces 11 more than required by Code. Drive-Through: To evaluate potential traffic impacts and drive-through queuing, a Trip Generation and Drive- Through Queuing Analysis was prepared by RK Engineering Group, Inc. (see Attachment No. 4). The analysis was based on data collected from the only operating Da Vien Coffee location with a drive-through, located in Stanton, California. The Stanton location shares the same hours of operation as the proposed Arcadia site: 6:00 a.m. to 10:00 p.m., seven days a week, and serves customers through a drive-through as well as indoor and outdoor dining. While similar in use, the Stanton location was still in its first month of operation when the counts were collected, which likely resulted in higher-than-typical customer activity due to grand opening interest and new-store novelty. In addition, the Stanton site offers less on- site parking than the Arcadia site, which may have encouraged more customers to use the drive-through rather than park and enter the store. By contrast, the Arcadia site provides ample parking, including an excess of 11 spaces, which may result in a higher proportion of walk-in customers. For these reasons, the queuing data from the Stanton site is considered a conservative estimate for forecasting drive-through demand at the Arcadia location. Drive-through queuing observations at the Stanton site were conducted on both a typical weekday (Thursday, March 20, 2025) and a typical Saturday (March 22, 2025), during peak hours. Based on these observations, the analysis concluded that the proposed Arcadia drive-through would need to accommodate up to 16 vehicles to meet projected peak demand and avoid queuing impacts on internal circulation or adjacent streets. The existing drive-through lane on the Arcadia site, however, can only accommodate five (5) vehicles. To address this shortfall, the analysis recommends a Traffic Demand Management (TDM) measure that has already been successfully implemented at the Stanton location. This measure involves active on-site queue management by Da Vien Coffee staff during peak periods. When the drive-through lane reaches capacity (i.e., five vehicles), staff will be stationed in the parking lot to intercept additional vehicles attempting to enter the queue. These staff members will direct customers to one of 11 designated This strategy already in use at the Da Vien Coffee in Stanton and adopted by other national drive-through chains has proven effective in increasing throughput and reducing on-site congestion during busy periods for drive-through businesses. Importantly, the site provides 11 more parking spaces than required by Code, allowing these parking requirement. This ensures compliance with parking standards while improving drive- through functionality. Please refer to page 7 of Attachment No. 4 for detailed analysis and see Figure 3 below for the Site Plan illustrating the proposed drive-through management strategy. 100 Da Vien Coffee & Drive-Through / CUP 24-12 June 10, 2025 Page 5 of 12 Figure 3: Site Plan including Drive-Through Management Plan Four parking spaces adjacent to the outdoor dining patio will be designated for curbside pickup orders. Da Vien Coffee will offer online ordering, and customers placing these orders will use the designated spaces for pickup rather than parking and entering the building. These spaces are part of the required on-site parking and are not included in the previously discussed Traffic Demand Management (TDM) measures related to the drive-through. Outdoor Dining Da Vien Coffee will utilize the existing outdoor dining area, which will be furnished with nine (9) tables, each with four (4) seats, for a total of 36 seats. As noted above, the site will provide the minimum Code-required six (6) on-site parking spaces for the outdoor seating area, based on the required ratio of one space per six seats. The outdoor seating area will be designed to accommodate wheelchair access in compliance with Americans with Disabilities Act (ADA) regulations. When needed, accessible seating will be provided without increasing the total number of seats. 101 Da Vien Coffee & Drive-Through / CUP 24-12 June 10, 2025 Page 6 of 12 FINDINGS Conditional Use Permit The Arcadia Municipal Code requires that for approval of a Conditional Use Permit, it must be concluded that the following findings of fact can be made in an affirmative manner: 1. The proposed use is consistent with the General Plan and any applicable specific plan; and is allowed within the applicable zone, subject to the granting of a Conditional Use Permit, and complies with all other applicable provisions of this Development Code and the Municipal Code. Facts to support this finding: The subject site has a General Plan land use designation of Commercial (C) which promotes a wide range of commercial uses serving both neighborhood and citywide markets. The Commercial (C) designation allows a broad array of commercial enterprises, including restaurants, such as the proposed coffee shop with indoor/outdoor seating and a drive-through. No specific plan is applicable to the site. The subject site is zoned General Commercial (C-G). Pursuant to Development Code Section 9102.03.020, restaurants over 2,000 square feet, and outdoor dining with more than 12 seats are allowed subject to the granting of a Minor Use Permit (MUP). Additionally, under the same code section, drive- through facilities within the C-G zone are allowed subject to the granting of a Conditional Use Permit (CUP). Since the project requires a CUP for the drive-through, the restaurant use and the outdoor seating, otherwise subject to a MUP are included as part of the entire project scope and reviewed under this CUP 24-12 application. As such, the proposed coffee shop, outdoor seating, and the drive-through comply with all the development standards of the C-G zone and are consistent with the goals and policies of the General Plan. Land Use and Community Design Element Policy LU-1.2: Promote new uses of land that provide diverse economic, social, and cultural opportunities, and that reinforce the characteristics that make Arcadia a desirable place to live. Policy LU-6.7: Encourage a balanced distribution of commercial development throughout the City, ensuring that neighborhoods and districts have adequate access to local-serving commercial uses. 2. The design, location, size, and operating characteristics of the proposed activity will be compatible with the existing and future land uses in the vicinity. Facts to support this finding: The subject site has a General Plan land use designation of Commercial (C) where restaurant use is encouraged and allowed. The subject site is developed with a 2,995 square foot commercial building including an outdoor patio, drive-through, and 47 parking spaces. The site includes access from two major streets, Las Tunas Drive and W. Live Oak Ave. The proposed coffee shop will utilize the existing facility that is designed for restaurant use with a drive-through, 102 Da Vien Coffee & Drive-Through / CUP 24-12 June 10, 2025 Page 7 of 12 located between two major streets, and provides code-compliant parking for the proposed use. The proposed coffee shop will operate seven (7) days a week from 6:00 a.m. to 10:00 p.m. without proposed late hours. The drive-through provides capacity for five (5) vehicles. A drive-through queuing analysis concluded that the drive-through queue may reach a maximum of 16 vehicles during its peak hours. As such, an on-site traffic management plan that is included as a condition of approval will designate 11 onsite parking spaces to accommodate the maximum projected drive-through volume. The plan will be implemented by the coffee shop/restaurant employees where the drive-through capacity will be monitored and once it exceeds five (5), visitors will be directed to park in designated spots where orders will be taken via a handheld tablet and delivered to their vehicles. The subject site is surrounded by various other commercial uses and zones. Therefore, the proposed project will be compatible with existing and future land uses in the vicinity. 3. The site is physically suitable in terms of: a. Its design, location, shape, size, and operating characteristics of the proposed use in order to accommodate the use, site improvements, loading, and parking. Facts to support this finding: The proposed coffee shop/restaurant use will occupy an existing commercial building that is large enough to accommodate the new use. The site is sufficient in size and provides code compliant parking and would accommodate 47 vehicles, including a drive-through with a 5-car capacity. A drive-through queuing analysis concluded that the drive-through queue may reach a maximum of 16 vehicles during its peak hours. As such, to -of-way, an on-site traffic management plan that is included as a condition of approval will require utilization of 11 on- site designated parking spaces to accommodate any potential drive-through overflow. The plan will be implemented by the coffee shop/restaurant employees where the drive-through capacity will be monitored and once it exceeds five (5), visitors will be directed to park in designated spots where orders will be taken via a handheld tablet and delivered to their vehicles. The project does not propose any major modification to the existing site. As such, the site is physically suitable for the proposed coffee shop use in terms of design, location, shape, size, and operating characteristics including loading and parking. b. Streets and highways adequate to accommodate public and emergency vehicle (e.g., fire and medical) access. Facts to support this finding: The property is located between two major streets, Las Tunas Drive and W. Live Oak Avenue, which are designed with the capacity to accommodate both public and emergency vehicles. All adjacent and nearby streets are adequate in width and pavement type to carry the traffic that could be generated by the proposed project and to support emergency vehicle access. A Traffic Impact and Trip Generation Analysis was conducted by the Applicant which concluded that t impact on the operations of the 103 Da Vien Coffee & Drive-Through / CUP 24-12 June 10, 2025 Page 8 of 12 surrounding roadways and intersections would be minimal. Therefore the subject site is suitable for the proposed coffee shop use with adequate streets and highways to accommodate public and emergency vehicles. c. Public protection services (e.g., fire protection, police protection, etc.). Facts to support this finding: The proposed coffee shop use will be located within an existing developed site that includes a commercial building, drive- through, and outdoor patio. Conditions of approval have been included to ensure the restaurant will be operated in a safe manner and not impact public protection services. The project has been reviewed by the Engineering Division and the Fire Department, and no major concerns were raised. Therefore, no impacts on public protection services are anticipated. d. The provision of utilities (e.g., potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.). Facts to support this finding: The proposed coffee shop/restaurant use, including outdoor seating and drive-through will be located on an existing developed site within an existing commercial building. The site is adequately serviced by existing utilities. The proposed coffee shop use would not require new construction or modification to the existing site and will not be operated in a manner that will impact the provision of utilities. Therefore, no impacts to the provision of utilities are anticipated. 4. The measure of site suitability shall be required to ensure that the type, density, and intensity of use being proposed will not adversely affect the public convenience, health, interest, safety, or general welfare, constitute a nuisance, or be materially injurious to the improvements, persons, property, or uses in the vicinity and zone in which the property is located. Facts to support this finding: The proposed coffee shop/restaurant use, including the outdoor seating and the drive-through, is appropriate and suitable for the site, which is developed with an existing commercial building and previously used as a restaurant with a drive-through. The proposed use is compatible with all other commercial uses within the project area and as such, the proposed project would not adversely affect the public convenience, health, interest, safety, or general welfare, or constitute a nuisance, or be materially injurious to the improvements, persons, property, or uses in the vicinity. All City requirements regarding disabled access and facilities, occupancy limits, building safety, health code compliance, emergency equipment, environmental regulation compliance, and parking and site design shall be complied with by the property owner/applicant to the satisfaction of the Building Official, City Engineer, Deputy Development Services Director, Fire Marshal, and Public Works Services Director, or their respective designees. 104 Da Vien Coffee & Drive-Through / CUP 24-12 June 10, 2025 Page 9 of 12 ENVIRONMENTAL ASSESSMENT It has been determined that the project site is less than five (5) acres; the project site has no value as a habitat for endangered, rare or threatened species; the proposed project will not have any significant effects upon the environment, and the site can be adequately served by all the required utilities and public services. A traffic study indicates that with the proposed Traffic Demand Management measure there will be no significant impact on traffic, and it will not affect the level of service at the intersections. Therefore, the project is exempt under Class 1 Section 15301 (Existing Facilities) and Class 32 Section 15332 (In-Fill Development Projects) pursuant to the California Environmental Quality Act (CEQA) Guidelines. Refer to Attachment No. 5 for the Preliminary Exemption Assessment. PUBLIC NOTICE/COMMENTS property owners located within 300 feet of the subject property on May 29, 2025. As of June 6, 2025, no public comments have been received. RECOMMENDATION It is recommended that the Planning Commission approve Conditional Use Permit No. CUP 24-12, find the project Categorically Exempt from the California Environmental Quality Act (CEQA), and adopt Resolution No. 2168, subject to the following conditions of approval: 1. The project shall be developed and maintained by the Applicant/Property Owner in a manner that is consistent with the plans conditionally approved for Conditional Use Permit No. CUP 24-12, subject to the satisfaction of the Deputy Development Services Director or designee. 2. The hours of operation for the restaurant, including outdoor seating and drive- through, shall be limited to 6:00 a.m. to 10:00 p.m. daily. Any proposed change to the hours of operation may be approved at the discretion of the Deputy Development Services Director or designee subject to the applicable review process, fee(s), and application(s). 3. All new exterior signage, including drive-through menu boards, shall be subject to separate review through a Sign Architectural Design Review (SADR) application. 4. The Applicant/ Property Owner shall ensure that outdoor seating does not exceed 41 seats. Requests to increase the number of seats in the outdoor patio shall be subject to review by the Deputy Development Services Director or designee and may require a subsequent amendment to the Conditional Use Permit. 5. The Applicant/Property Owner shall implement Traffic Demand Management Measure #1 in accordance with the Drive-through Queuing Analysis dated May 9, 2025 to ensure all drive-through queuing is maintained onsite and that no vehicle parking stalls are blocked during operation of the drive-through. Any change to the 105 Da Vien Coffee & Drive-Through / CUP 24-12 June 10, 2025 Page 10 of 12 Traffic Demand Management Plan proposed by the Applicant/Property Owner shall be subject to review by Deputy Development Services Director or designee and may require a subsequent amendment to the Conditional Use Permit. 6. The Applicant/Property Owner shall plant new/replacement screening trees along the west property line, adjacent to the drive-through. A landscaping plan is to be submitted to the Planning Division for approval prior to building plan check submittal. The trees shall be planted in accordance with an approved landscaping plan prior to Certificate of Occupancy. 7. The project must comply with the latest adopted edition of the following codes as applicable: a) California Building Code b) California Electrical Code c) California Mechanical Code d) California Plumbing Code e) California Energy Code f) California Fire Code g) California Green Building Standards Code h) California Existing Building Code i) Arcadia Municipal Code 8. The Applicant/Property Owner shall ensure that the plan check submittal plans indicate all exit doors to be equipped with panic type hardware. Latched or key operated locks may be permitted for the main entry only. 9. The Applicant/Property Owner shall comply with all City requirements regarding building safety, fire prevention, detection, suppression, emergency access, public right-of-way improvements, parking, water supply and water facilities, sewer facilities, trash reduction and recycling requirements, and National Pollutant Discharge Elimination System (NPDES) measures to the satisfaction of the Building Official, Fire Marshal, Public Works Services Director, and Deputy Development Services Director, or their respective designees. Compliance with these requirements is to be determined by having fully detailed construction plans submitted for plan check review and approval by the foregoing City officials and employees. 10. To the maximum extent permitted by law, Applicant/Property Owner 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 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 -12, 106 Da Vien Coffee & Drive-Through / CUP 24-12 June 10, 2025 Page 11 of 12 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 such action, the Applicant shall provide to the City a cash deposit to cover legal fees, costs, and expenses incurred by City in connection with defense of any legal action in an initial amount to be reasonably determined by the City Attorney. The City may draw funds from the deposit for such fees, costs, and expenses. Within 5 business days of each and every notice from City that the deposit has fallen below the initial amount, Applicant shall replenish the deposit each and every time in order the Developer any unexpended funds from the deposit within 30 days of: (i) a final, non-appealable decision by a court of competent jurisdiction resolving the legal action; or (ii) full and complete settlement of legal action. The City shall have the right to select legal counsel of its choice. 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. 11. Noncompliance with the plans, provisions, and conditions of approval for this Conditional Use Permit No. CUP 24-12 shall be grounds for immediate suspension or revocation of any approvals. 12. Approval of Conditional Use Permit No. CUP 24-12 shall not be in effect unless the Property Owner and Applicant have executed and filed the Acceptance Form with the City on or before 30 calendar days after the Planning Commission has adopted the Resolution. The executed Acceptance Form submitted to the Development Services Department is to indicate awareness and acceptance of the conditions of approval. PLANNING COMMISSION ACTION Approval If the Planning Commission intends to approve this project, the Commission should move to approve Conditional Use Permit No. CUP 24-12, state that the proposal satisfies the requisite findings, and adopt the attached Resolution No. 2168 that incorporates the 107 Da Vien Coffee & Drive-Through / CUP 24-12 June 10, 2025 Page 12 of 12 requisite environmental, Conditional Use Permit findings, and the conditions of approval as presented in this staff report, or as modified by the Commission Denial If the Planning Commission is to deny this project, the Commission should state the specific findings that the proposal does not satisfy based on the evidence presented with specific reasons for denial and move to deny Conditional Use Permit No. CUP 24-12 and direct staff decision and specific findings. If any Planning Commissioner, or other interested party has any questions or comments regarding this matter prior to the June 10, 2025, Planning Commission Meeting, please contact Planning Services Manager, Fiona Graham at (626) 574-5442, or fgraham@ArcadiaCA.gov. Approved: On behalf of Lisa L. Flores Deputy Development Services Director Attachment No. 1: Resolution No. 2168 Attachment No. 2: Aerial Image with Zoning Information and Site Photos Attachment No. 3: Architectural Plans Attachment No. 4: Traffic and Drive-Through Analysis dated May 9, 2025 Attachment No. 5: Preliminary Exemption Assessment 108 Attachment No. 1 Attachment No. 1 Resolution No. 2168 109 RESOLUTION NO. 2168 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. CUP 24-12 WITH A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), TO ALLOW A COFFEE SHOP/RESTAURANT WITH A DRIVE-THROUGH AND OUTDOOR SEATING LOCATED AT 82 LAS TUNAS DRIVE WHEREAS, on October 21, 2024, an application for a Conditional Use Permit (No. CUP 24-12), was filed by Anthony Rodriguez on behalf of Da Vien Coffee for a coffee shop with a drive-through and outdoor seating at 82 Las Tunas Drive (Project); and WHEREAS, on May 13, 2025, Planning Services completed an environmental assessment for the Project in accordance with the California Environmental Quality Act (CEQA), and recommends that the Planning Commission determine the Project is exempt under CEQA per Section 15301 of the CEQA Guidelines for use of an existing facility, and Section 15332 of the CEQA Guidelines because the Project is considered an in-fill development project; and WHEREAS, on June 10, 2025, a duly-noticed public hearing was held before the Planning Commission on said Project, at which time all interested persons were given full opportunity to be heard and to present evidence. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF ARCADIA HEREBY RESOLVES AS FOLLOWS: SECTION 1. The factual data submitted by the Community Development Division in the staff report dated June 10, 2025, are true and correct. SECTION 2. This Commission finds, based upon the entire record: Conditional Use Permit 110 2 1. The proposed use is consistent with the General Plan and any applicable specific plan; and is allowed within the applicable zone, subject to the granting of a Conditional Use Permit, and complies with all other applicable provisions of this Development Code and the Municipal Code. FACT: The subject site has a General Plan land use designation of Commercial (C) which promotes a wide range of commercial uses serving both neighborhood and citywide markets. The Commercial (C) designation allows a broad array of commercial enterprises, including restaurants, such as the proposed coffee shop with indoor/outdoor seating and a drive-through. No specific plan is applicable to the site. The subject site is zoned General Commercial (C-G). Pursuant to Development Code Section 9102.03.020, restaurants over 2,000 square feet, and outdoor dining with more than 12 seats are allowed subject to the granting of a Minor Use Permit (MUP). Additionally, under the same code section, drive-through facilities within the C-G zone are allowed subject to the granting of a Conditional Use Permit (CUP). Since the project requires a CUP for the drive-through, the restaurant use and the outdoor seating, otherwise subject to a MUP are included as part of the entire project scope and reviewed under this CUP 24-12 application. As such, the proposed coffee shop, outdoor seating, and the drive-through comply with all the development standards of the C-G zone and are consistent with the goals and policies of the General Plan. Land Use and Community Design Element Policy LU-1.2: Promote new uses of land that provide diverse economic, social, and cultural opportunities, and that reinforce the characteristics that make Arcadia a desirable place to live. 111 3 Policy LU-6.7: Encourage a balanced distribution of commercial development throughout the City, ensuring that neighborhoods and districts have adequate access to local-serving commercial uses. 2. The design, location, size, and operating characteristics of the proposed activity will be compatible with the existing and future land uses in the vicinity. FACT: The subject site has a General Plan land use designation of Commercial (C) where restaurant use is encouraged and allowed. The subject site is developed with a 2,995 square foot commercial building including an outdoor patio, drive-through, and 47 parking spaces. The site includes access from two major streets, Las Tunas Drive and W. Live Oak Ave. The proposed coffee shop will utilize the existing facility that is designed for restaurant use with a drive-through, located between two major streets, and provides code-compliant parking for the proposed use. The proposed coffee shop will operate seven (7) days a week from 6:00 a.m. to 10:00 p.m. without proposed late hours. The drive-through provides capacity for five (5) vehicles. A drive-through queuing analysis concluded that the drive-through queue may reach a maximum of 16 vehicles during its peak hours. As such, an on-site traffic management plan that is included as a condition of approval will designate 11 onsite parking spaces to accommodate the maximum projected drive-through volume. The plan will be implemented by the coffee shop/restaurant employees where the drive-through capacity will be monitored and once it exceeds five (5), visitors will be directed to park in designated spots where orders will be taken via a handheld tablet and delivered to their vehicles. The subject site is surrounded by various other commercial uses and zones. Therefore, the proposed project will be compatible with existing and future land uses in the vicinity. 112 4 3. The site is physically suitable in terms of: a. Its design, location, shape, size, and operating characteristics of the proposed use in order to accommodate the use, site improvements, loading, and parking; FACT: The proposed coffee shop/restaurant use will occupy an existing commercial building that is large enough to accommodate the new use. The site is sufficient in size and provides code compliant parking and would accommodate 47 vehicles, including a drive-th ough with a 5-car capacity. A drive-through queuing analysis concluded that the drive-through queue may reach a maximum of 16 vehicles during its peak hours. As such, to prevent overflow onto the Citys right-of-way, an on-site traffic management plan that is included as a condition of approval will require utilization of 11 on-site designated parking spaces to accommodate any potential drive-through overflow. The plan will be implemented by the coffee shop/restaurant employees where the drive- through capacity will be monitored and once it exceeds five (5), visitors will be directed to park in designated spots where orders will be taken via a handheld tablet and delivered to their vehicles. The project does not propose any major modification to the existing site. As such, the site is physically suitable for the proposed coffee shop use in terms of design, location, shape, size, and operating characteristics including loading and parking. b. Streets and highways adequate to accommodate public and emergency vehicle (e.g., fire and medical) access; FACT: The property is located between two major streets, Las Tunas Drive and W. Live Oak Avenue, which are designed with the capacity to accommodate both public and emergency vehicles. All adjacent and nearby streets are adequate in width and pavement type to carry the traffic that could be generated by the proposed project and to 113 5 support emergency vehicle access. A Traffic Impact and Trip Generation Analysis was conducted by the Applicant which concluded that the projects impact on the operations of the surrounding roadways and intersections would be minimal. Therefore the subject site is suitable for the proposed coffee shop use with adequate streets and highways to accommodate public and emergency vehicles. c. Public protection services (e.g., fire protection, police protection, etc.). FACT: The proposed coffee shop use will be located within an existing developed site that includes a commercial building, drive-through, and outdoor patio. Conditions of approval have been included to ensure the restaurant will be operated in a safe manner and not impact public protection services. The project has been reviewed by the Engineering Division and the Fire Department, and no major concerns were raised. Therefore, no impacts on public protection services are anticipated. d. The provision of utilities (e.g., potable water, schools, solid waste collection and disposal, storm drainage, wastewater collection, treatment, and disposal, etc.). FACT: The proposed coffee shop/restaurant use, including outdoor seating and drive-through will be located on an existing developed site within an existing commercial building. The site is adequately serviced by existing utilities. The proposed coffee shop use would not require new construction or modification to the existing site and will not be operated in a manner that will impact the provision of utilities. Therefore, no impacts to the provision of utilities are anticipated. 4. The measure of site suitability shall be required to ensure that the type, density, and intensity of use being proposed will not adversely affect the public convenience, health, interest, safety, or general welfare, constitute a nuisance, or be 114 6 materially injurious to the improvements, persons, property, or uses in the vicinity and zone in which the property is located. FACT: The proposed coffee shop/restaurant use, including the outdoor seating and the drive-through, is appropriate and suitable for the site, which is developed with an existing commercial building and previously used as a restaurant with a drive-through. The proposed use is compatible with all other commercial uses within the project area and as such, the proposed project would not adversely affect the public convenience, health, interest, safety, or general welfare, or constitute a nuisance, or be materially injurious to the improvements, persons, property, or uses in the vicinity. SECTION 3. Pursuant to the provisions of the California Environmental Quality Act (CEQA), this Project is subject to a Class 1 Categorical Exemption for use of an existing facility per Section 15301 of the CEQA Guidelines and a Class 32 Categorical Exemption as an infill-development project per Section 15332 of the CEQA Guidelines. SECTION 4. For the foregoing reasons the Planning Commission determines that the Project is Categorically Exempt under the California Environmental Quality Act (CEQA) Section 15301, Class 1, and 15332, Class 32, and approves Conditional Use Permit No. CUP 24-12 for a new coffee shop/restaurant with a drive-through, and outdoor seating at 82 Las Tunas Drive, subject to the conditions of approval attached hereto. SECTION 5. The Secretary shall certify to the adoption of this Resolution. [SIGNATURES ON THE NEXT PAGE] 115 7 Passed, approved and adopted this 10th day of June, 2025. Marilynne Wilander Chair, Planning Commission ATTEST: Lisa L. Flores Secretary APPROVED AS TO FORM: Michael J. Maurer City Attorney 116 8 Page Intentionally Left Blank 117 9 RESOLUTION NO. 2168 Conditions of Approval The project shall be developed and maintained by the Applicant/Property Owner in a manner that is consistent with the plans conditionally approved for Conditional Use Permit No. CUP 24-12, subject to the satisfaction of the Deputy Development Services Director or designee. The hours of operation for the restaurant, including outdoor seating and drive- through, shall be limited to 6:00 a.m. to 10:00 p.m. daily. Any proposed change to the hours of operation may be approved at the discretion of the Deputy Development Services Director or designee subject to the applicable review process, fee(s), and application(s). All new exterior signage, including drive-through menu boards, shall be subject to separate review through a Sign Architectural Design Review (SADR) application. The Applicant/ Property Owner shall ensure that outdoor seating does not exceed 41 seats. Requests to increase the number of seats in the outdoor patio shall be subject to review by the Deputy Development Services Director or designee and may require a subsequent amendment to the Conditional Use Permit. The Applicant/Property Owner shall implement Traffic Demand Management Measure #1 in accordance with the Drive-through Queuing Analysis dated May 9, 2025 to ensure all drive-through queuing is maintained onsite and that no vehicle parking stalls are blocked during operation of the drive-through. Any change to the Traffic Demand Management Plan proposed by the Applicant/Property Owner shall be subject to review by Deputy Development Services Director or designee and may require a subsequent amendment to the Conditional Use Permit. The project must comply with the latest adopted edition of the following codes as applicable: California Building Code California Electrical Code 118 10 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 8. The Applicant/Property Owner shall ensure that the plan check submittal plans indicate all exit doors to be equipped with panic type hardware. Latched or key operated locks may be permitted for the main entry only. 9. The Applicant/Property Owner shall comply with all City requirements regarding building safety, fire prevention, detection, suppression, emergency access, public right-of-way improvements, parking, water supply and water facilities, sewer facilities, trash reduction and recycling requirements, and National Pollutant Discharge Elimination System (NPDES) measures to the satisfaction of the Building Official, Fire Marshal, Public Works Services Director, and Deputy Development Services Director, or their respective designees. Compliance with these requirements is to be determined by having fully detailed construction plans submitted for plan check review and approval by the foregoing City officials and employees. 10. To the maximum extent permitted by law, Applicant/Property Owner 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 Applicants activities in connection with CUP 24-12, (Project) on the Project site, and which may arise from the direct or indirect operations of the Applicant or those of the Applicants contractors, agents, tenants, employees or any other persons acting on Applicants 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, 119 11 the City or any of the Indemnitees in relation to such action. Within 15 days notice from the City of any such action, the Applicant shall provide to the City a cash deposit to cover legal fees, costs, and expenses incurred by City in connection with defense of any legal action in an initial amount to be reasonably determined by the City Attorney. The City may draw funds from the deposit for such fees, costs, and expenses. Within 5 business days of each and every notice from City that the deposit has fallen below the initial amount, Applicant shall replenish the deposit each and every time in order for Citys legal team to continue working on the matter. The City shall only refund to the Developer any unexpended funds from the deposit within 30 days of: (i) a final, non-appealable decision by a court of competent jurisdiction resolving the legal action; or (ii) full and complete settlement of legal action. The City shall have the right to select legal counsel of its choice. 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. 11. Noncompliance with the plans, provisions, and conditions of approval for this Conditional Use Permit No. CUP 24-12 shall be grounds for immediate suspension or revocation of any approvals. 12. Approval of Conditional Use Permit No. CUP 24-12 shall not be in effect unless the Property Owner and Applicant have executed and filed the Acceptance Form with the City on or before 30 calendar days after the Planning Commission has adopted the Resolution. The executed Acceptance Form submitted to the Development Services Department is to indicate awareness and acceptance of the conditions of approval. ---- 120 Attachment No. 2 Attachment No. 2 Aerial image with zoning information and site photos 121 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.): C-G Number of Units: C Property Characteristics 1985 3,000 0 Property Owner Site Address:82 LAS TUNAS DR Parcel Number: 5788-021-017 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 Yes 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 23-May-2025 Page 1 of 1 122 123 124 125 126 127 128 129 Attachment No. 3 Attachment No. 3 Architectural Plans 130 131 132 133 134 135 Attachment No. 4 Attachment No. 4 Traffic and Drive-Through Analysis dated May 9, 2025 136 137 138 139 140 141 142 143 144 Exhibits 145 146 147 148 149 Appendices 150 151 152 153 LOCATION: Da Vien, 12550 Beach Blvd DATE: 3/20/2024 CITY: Stanton DAY: Thursday TIME PickUp Window To Order Board Order Board to DT Entrance DT Entrance Overflow TOTAL 7:30 1 2 0 3 7:35 1 4 0 5 7:40 3 4 0 7 7:45 3 6 0 9 7:50 3 7 0 10 7:55 3 5 0 8 8:00 3 7 0 10 8:05 3 4 0 7 8:10 3 3 0 6 8:15 2 6 0 8 8:20 3 4 0 7 8:25 2 4 0 6 8:30 3 6 0 9 8:35 3 3 0 6 8:40 3 3 0 6 8:45 3 2 0 5 8:50 3 4 0 7 8:55 3 4 0 7 9:00 3 7 0 10 9:05 2 6 0 8 9:10 3 8 0 11 9:15 3 7 0 10 9:20 3 8 0 11 9:25 3 5 0 8 9:30 2 7 0 9 9:35 3 3 0 6 9:40 2 4 0 6 9:45 3 4 0 7 9:50 3 4 0 7 9:55 3 7 1 11 10:00 3 3 0 6 10:05 3 6 0 9 10:10 3 5 0 8 10:15 1 5 0 6 10:20 3 5 0 8 10:25 3 4 0 7 10:30 3 2 0 5 MAX QUEUE 11 AVERAGE QUEUE 7.5 DRIVE THRU SURVEY Counts Unlimited, Inc. PO Box 1178 Corona, CA 92878 951-268-6268 154 LOCATION: Da Vien, 12550 Beach Blvd DATE: 3/22/2025 CITY: Stanton DAY: Saturday TIME PickUp Window To Order Board Order Board to DT Entrance DT Entrance Overflow TOTAL 10:00 3 8 1 12 10:05 3 8 1 12 10:10 3 8 5 16 10:15 1 8 5 14 10:20 3 8 3 14 10:25 3 8 5 16 10:30 3 8 2 13 10:35 3 8 0 11 10:40 3 7 0 10 10:45 2 7 0 9 10:50 3 8 2 13 10:55 3 8 2 13 11:00 3 7 1 11 11:05 3 7 0 10 11:10 3 8 2 13 11:15 2 7 2 11 11:20 2 8 1 11 11:25 3 8 1 12 11:30 3 8 3 14 11:35 2 8 1 11 11:40 3 7 0 10 11:45 3 7 1 11 11:50 3 8 1 12 11:55 3 7 0 10 12:00 3 7 3 13 12:05 3 7 1 11 12:10 3 7 2 12 12:15 1 8 1 10 12:20 3 8 0 11 12:25 2 6 0 8 12:30 3 4 0 7 12:35 3 7 0 10 12:40 3 7 1 11 12:45 2 8 1 11 12:50 3 8 4 15 12:55 3 7 3 13 13:00 2 4 0 6 MAX QUEUE 16 AVERAGE QUEUE 11.5 DRIVE THRU SURVEY Counts Unlimited, Inc. PO Box 1178 Corona, CA 92878 951-268-6268 155 156 157 Attachment No. 5 Attachment No. 5 Preliminary Exemption Assessment 158 Preliminary Exemption Assessment PRELIMINARY EXEMPTION ASSESSMENT 1.Name or description of project: Conditional Use Permit No. CUP 24-12 to allow coffee shop use with a drive-through and outdoor seating. 2.Project Location The project site is located at 82 Las Tunas Drive between Las Tunas Drive and W. Live Oak Avenue. 3.Entity or person undertaking project: A. B.Other (Private) (1)Name Anthony Rodriguez (Da Vien Coffee) (2)Address 1000 Corporate Center Dr, Suite 550, Monterey Park, CA 91754 4.Staff Determination: 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: 15301 Class 1 (Use of an existing facility) & 15332 Class 32 (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: May 13, 2025 Staff: Gary Yesayan, Associate Planner 159 ARCADIA PLANNING COMMISSION REGULAR MEETING MINUTES TUESDAY, APRIL 22, 2025 Any writings or documents provided to a majority of the Planning Commission regarding any item on this agenda will be made available for public inspection in the City’s Planning Services Office located at 240 W. Huntington Drive, Arcadia, California, during normal business hours. CALL TO ORDER Chair Wilander called the meeting to order at 7:00 p.m. ROLL CALL PRESENT: Chair Wilander, Vice Chair Tallerico, Arvizu, and Tsoi ABSENT: Hui SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS Deputy Development Services Director Lisa Flores had nothing to report. PUBLIC COMMENTS (5 minute time limit per person) There were none. PUBLIC HEARING Resolution No. 2166 – Approving Single Family Architectural Design Review No. SFADR 24-26 and Planning Commission Administrative Modification No. PC AM 25-01 with a Categorical Exemption under the California Environmental Quality Act (CEQA) for a front yard setback modification for a new two-story residence at 1405 S 8th Avenue Recommendation: Adopt Resolution No. 2166 Applicant:Eric Tsang MOTION - PUBLIC HEARING Chair Wilander introduced the item, and Senior Planner Melissa Chipres, presented the staff report. Ms. Chipres read into the record an error in the findings on page 5 of the staff report and clarified the correct information. The error was not present in the resolution. Vice Chair Tallerico did not have questions about the Project but asked if there would be an issue if a future project proposed an 85-foot front yard setback. Ms. Flores stated it would not be an issue because there is not a maximum setback requirement. The public hearing was opened. Eric Tsang, the Applicant and architect, introduced himself and was available for questions. He stated that the modification would improve the overall appearance of the neighborhood. Commissioner Arvizu asked for clarification about the driveway width requirement in a residential zone. 160 2 4/22/2025 Ms. Chipres said 9 feet wide is the minimum width required in a residential zone. There were no speakers present. Vice Chair Tallerico made a motion to close the public hearing. Commissioner Tsoi seconded the motion. Without objection, the motion was approved. DISCUSSION Commissioner Arvizu thanked Mr. Tsang for including parking spaces for the Accessory Dwelling Unit so that occupants do not have to park on the street. He complimented the design and said the modification request made sense for the project. Vice Chair Tallerico, agreed and stated that he had no problems with the project. Commissioner Tsoi said that the request met the intent of the code and the average in the neighborhood. Chair Wilander concurred with the Commission and liked the design. She said that it was a very attractive design and the findings for the Project made sense. MOTION It was moved by Vice Chair Tallerico, seconded by Commissioner Tsoi to adopt Resolution No. 2166, approving Single Family Architectural Design Review No. SFADR 24-26 and Planning Commission Administrative Modification No. PC AM 25-01 with a Categorical Exemption under California Environmental Quality Act (CEQA) for a front yard setback modification for a new two- story residence at 1405 S 8th Avenue in which the findings were made. ROLL CALL AYES: Chair Wilander, Vice Chair Tallerico, Commissioners Arvizu, and Tsoi NOES: None ABSENT: Hui There is a ten (10) day appeal period. Appeals are to be filed by 5:30 p.m. on Monday, May 5, 2025. CONSENT CALENDAR 1. Minutes of the March 11, 2025, Regular Meeting of the Planning Commission Recommendation: Approve Commissioner Tsoi motioned to approve the minutes and seconded by Vice Chair Tallerico. 161 3 4/22/2025 ROLL CALL AYES: Vice Chair Tallerico, Commissioners Arvizu, and Tsoi NOES: None ABSENT: Hui The motion was approved. MATTERS FROM CITY COUNCIL LIAISON City Council Member Wang had nothing to report. MATTERS FROM THE PLANNING COMMISSONERS The Commissioners congratulated Mayor Pro Tem Wang on her new appointment on the City Council. Vice Chair Tallerico shared an article with the Commissioners about a Planning Commission meeting regarding housing in San Francisco. Chair Wilander reported about a fundraiser on May 3 at the Arcadia Community Center hosted by the League of Women Voters of the Pasadena area. MATTERS FROM ASSISTANT CITY ATTORNEY Assistant City Attorney Martz had nothing to report. MATTERS FROM STAFF INCLUDING UPCOMING AGENDA ITEMS Ms. Flores informed the Commission about a couple projects for upcoming meetings, including a new Starbucks on Duarte Avenue and Da Vien Café proposed at the former Burger King on Las Tunas Drive. ADJOURNMENT The Planning Commission adjourned the meeting at 7:21 p.m., to Tuesday, May 13, 2025, at 7:00 p.m. in the City Council Chamber. Chair Wilander, Planning Commission ATTEST: Lisa L. Flores Secretary, Planning Commission 162