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°'b.4',,n,cy-si‘c� STAFF REPORT
Development Services Department
DATE: July 23, 2013
TO: Honorable Chairman and Planning Commission
FROM: Jim Kasama, Community Development Administrator
By: Thomas Li, Associate Planner
SUBJECT: Tentative Parcei Map Application No. TPM 12-02 (71885), to
subdivide one lot improved with commercial and residential
developments into two lots.
Recommended: Conditional Approval
SUMMARY
Tentative Parcel Map Application No. TPM 12-02 (71885) was submitted by
engineer, Mr. Samir Khoury, on behalf of property owner, Safeway, Inc. to
subdivide one lot improved with commercial and residential developments into
two lots — see the attached aerial map and Tentative Parcel Map. It is
recommended that the Planning Commission approve the application subject to
the conditions listed in this staff report.
BACKGROUND
APPLICANT: Mr. Samir Khoury (Engineer, on behalf of property owner,
Safeway, Inc.)
LOCATION: 618 Michillinda Avenue
REQUEST: Approval of a Tentative Parcel Map to subdivide one lot
improved with commercial and residential developments into two
lots.
LOT AREA: 333,670 square feet (7.66 acre)
FRONTAGES: 780.6 feet along Michillinda Avenue, and 994.2 feet along Sunset
Boulevard.
•
EXISTING LAND USE & ZONING:
The subject property is currently improved with a 246,120 square-foot
commercial building constructed in 1966 as a department store, and a 97-
unit assisted-living complex with 53,307 square feet of living area,
constructed in 1984. The department store was converted into an office
building in 1989. The site is zoned C-2, General Commercial.
SURROUNDING LAND USES & ZONING:
North: Single-family residential — zoned R-1
South: Commercial Retail and Office Buildings — zoned C-2
East: Multiple-family residential — zoned R-3
West: Single-family residential in unincorporated L.A. County.
GENERAL PLAN DESIGNATION:
Commercial (0.5 FAR) — The Commercial designation is intended to permit
a wide range of commercial uses which serve both neighborhood and
citywide markets. The designation allows a broad array of commercial
enterprises, including restaurants, durable goods sales, food stores,
lodging, professional offices, specialty shops, indoor and outdoor
recreational facilities, and entertainment uses.
The existing buildings have a combined Floor-to-Area-Ratio (FAR) of 0.9,
based on a total floor area of 299,427 square feet (53,307 square feet +
246,120 square feet) divided by the lot area of 333,670 square feet. After
the proposed subdivision. the FAR will be 1.4 (53,307 square feet / 37,712
square feet) for the assisted living complex on Parcel 1, and 0.8 (246,120
square feet / 295,768 square feet) for the commercial office building on
Parcel 2.
BACKGROUND
The subject property has a lot area of 333,670 square feet. It is currently
developed with a 246,120 square-foot commercial office building that was
originally constructed in 1966 as a department store, and converted to an office
building in 1989. It is currently occupied by the Vons Company. A 97-unit
assisted living complex approved under Conditional Use Permit No. CUP 84-19
was built in 1984 — see attached Resolution No. 1271. There is a subterranean
parking garage with 40 parking spaces for the assisted living complex, and a 3-
story parking structure with 1,266 parking spaces for the office building.
DISCUSSION
The applicant is proposing to subdivide the subject property into two lots to
separate the two uses on the property. Parcel 1 will be a 37,712 square-foot lot
for the assisted living complex and its subterranean parking garage. Parcel 2 will
TPM 12-02 (71885)
618 Michillinda Avenue
July 23, 2013— Page 2 of 6
be a 295,769 square-foot lot for the commercial office building and its parking
structure.
This proposal subdivides buildings that are partially integrated with one another.
The commercial office building on Parcel 2 has a loading dock that requires
access from the subterranean garage of the assisted-living complex on Parcel 1,
and a 158'-0" long portion of the assisted-living complex will encroach 12'-0" into
Parcel 2. The applicant is proposing easements for these encroachments. As a
condition of approval, the final easement agreement must be prepared by the
applicant, to the satisfaction of the City Attorney. In addition, the proposal shall
be subject to all applicable Building Codes and the Fire Department
Requirements.
The Floor-to-Area-Ratio (FAR) limitation under the Commercial General Plan
Designation is 0.5. This FAR limit was instituted in the 1980s. The existing
buildings have an existing non-conforming FAR of 0.9. The proposed subdivision
would result in an increase of FAR to 1.4 on Parcel 1, and a decrease of FAR to
0.8 on Parcel 2. The proposal would increase the FAR of Parcel 1; but, as an
assisted-living complex that was approved under a Conditional Use Permit for
the residential use, it is not subject to the FAR limitation. The proposal will
decrease the FAR nonconformance of the office building on Parcel 2, which will
bring it closer to compatibility with the current Commercial General Plan
Designation.
Arcadia Municipal Code Section 9117.8 sets forth the following findings to deny a
Tentative Parcel Map:
9117.8. — FINDINGS.
A Tentative Parcel Map or a Parcel Map for which a Tentative Map was not
required shall be denied if any of the following findings are made:
1. That the proposed map is not consistent with applicable general and specific
plans.
2. That the design or improvement of the proposed subdivision is not consistent
with applicable general and specific plans.
3. That the site is not physically suitable for the type of development.
4. That the site is not physically suitable for the density of development.
5. That the design of the subdivision or the proposed improvements are likely to
cause substantial environmental damage or substantially and avoidably
injure fish or wildlife or their habitat.
6. That the design of the subdivision or the type of improvements is likely to
cause serious public health problems.
TPM 12-02 (71885)
618 Michillinda Avenue
July 23; 2013— Page 3 of 6
7. That the design of the subdivision or the type of improvements will conflict
with easements, acquired by the public at large, for access through or use of
property within the proposed subdivision. In this connection, the Planning
Commission may approve a map if it finds that alternate easements, for
access or for uses, will be provided, and that these will be substantially
equivalent to ones previously acquired by the public. This subsection shall
apply only to easements of record or to easements established by judgment
of a court of competent jurisdiction and no authority is hereby granted to a
Planning Commission to determine that the public at large has acquired
easements for access through or use of property within the proposed
subdivision.
E. That the requested subdivision injuriously affects the neighborhood wherein
said lot is located.
0. That adequate access to a public street is not available.
10. That any resultant parcel contains less area than required by any applicable
provisions of Article IX of the Arcadia Municipal Code.
It is staff's opinion that none of the above findings apply to the proposed
Tentative Parcel Map, and that it complies with the subdivision regulations of the
Arcadia Municipal Code and the State Subdivision Map Act.
All City requirements shall be complied with to the satisfaction of the Building
Official, City Engineer, Community Development Administrator, Fire Marshal, and
Public Works Services Director.
ENVIRONMENTAL ANALYSIS
Pursuant to the provisions of the California Environmental Quality Act (CEQA)
the Development Services Department has determined that the proposed project
is a minor land division, and is therefore Categorically Exempt from further
environmental review per Section 15315 of the CEQA Guidelines. A Preliminary
Exemption Assessment is attached.
PUBLIC NOTICE/COMMENTS
•
The public hearing notice for this project was published on May 11, 2013 in the
Arcadia Weekly, and mailed on July 10, 2013, to the property owners and tenants
of those properties that are within 300 feet of the subject property — see the
attached radius map.
RECOMMENDATION
It is recommended that the Planning Commission approve the proposed project,
subject to the following conditions:
TPM 12-02 (71885)
618 Michillinda Avenue
July 23, 2013 — Page 4 of 6
1. Prior to the approval of the Parcel Map, the developer will be required to pay a
map fee of $100.00, and a final map approval fee of $50.00, for a total of
$150.00.
2. The owner shall provide an additional right of way dedication at the north corner
of Parcel 1 to include all existing sidewalk.
3. The final easement agreement must be prepared by the applicant, to the
satisfaction of the City Attorney.
4. All City requirements shall be complied with to the satisfaction of the Building
Official, City Engineer, Community Development Administrator, Fire Marshal,
and Public Works Services Director.
5. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and
its officials, officers, employees, and agents from and against any claim, action, or
proceeding against the City of Arcadia, its officials, officers, employees or agents
to attack, set aside, void, or annul any approval or conditional approval of the City
of Arcadia concerning this project and/or land use decision, including but not
limited to any approval or conditional approval of the City Council, Planning
Commission, or City Staff, which action is brought within the time period provided
for in Government Code Section 66499.37 or other provision of law applicable to
this project or decision. The City shall promptly notify the applicant of any claim,
action, or proceeding concerning the project and/or land use decision and the City
shall cooperate fully in the defense of the matter. The City reserves the right, at
its own option, to choose its own attorney to represent the City, its officials,
officers, employees, and agents in the defense of the matter.
6. Approval of TPM 12-02 (71885) shall not take effect until the property
owner(s) and applicant(s) designer and civil engineer, and contractor(s) have
executed and filed the Acceptance Form with the Development Services
Department to indicate awareness and acceptance of the conditions of
approval.
PLANNING COMMISSION ACTION
Approval
If the Planning Commission intends to approve the project, the Commission
should, based on the evidence presented, move to approve the project based on
the following findings and actions:
A.1. That the project and the provisions for its design and improvements are
consistent with the Arcadia General Plan, and that the discharge of
sewage from the project into the public sewer system will not violate any
requirements prescribed by the California Regional Water Quality Control
Board for this region.
TPM 12-02 (71885)
618 Michillinda Avenue
July 23, 2013 — Page 5 of 6
A.2. That this project is categorically exempt from the provisions of the
California Environmental Quality Act (CEQA) per Section 15315 of the
CEQA Guidelines.
A.3. Authorize and direct the Development Services Director or designee to
approve and execute, if necessary, a subdivision agreement for this
project.
A.5. That approval of this project is subject to the Conditions of Approval set
forth in the staff report or as modified by the Planning Commission.
Denial
If the Planning Commission intends to deny this Tentative Parcel Map, the
Commission is to consider the findings listed on page 3 of this report, and
expand upon the findings with specific reasons for denial based on the evidence
presented, and move to deny the Tentative Parcel Map.
If any Planning Commissioner, or other interested party has any questions or
comments regarding this matter prior to the July 23, 2013 public hearing, please
contact Associate Planner, Thomas Li by calling (626) 574-5447, or by sending
an email to tliCCPci.arcadia.ca.us.
Approved:
Jim Xasama
Community Development Administrator
Attachments: Aerial Photo with Zoning Information
Tentative Parcel Map No. 71885
Resolution No. 1271
Preliminary Exemption Assessment
300-Foot Radius Map
TM! 12-02 (71885)
618 Micnillinda Avenue
July 23, 2013— Page 6 of 6
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!II 411
PLANNING COMMISSION RESOLUTION NO. 1271
A RESOLUTION GRANTING CONDITIONAL USE PERMIT 84-19 TO
CONSTRUCT AND OPERATE A 97 UNIT RETIREMENT HOTEL AT 601
SUNSET BOULEVARD.
WHEREAS, on August 6, 1984, an application was filed by Berger-Socoloske
to construct a 97 unit retirement hotel , Planning Department Case No. 84-19,
on property commonly known as 601 Sunset Boulevard, more particularly
described as follows:
Portion of Lot 3 , Tract 14846 in the City of Arcadia, County of Los
Angeles State of California, as recorded in Map Book 241 , Pages 8-9 of
Maps in the office of the County Recorder of said County.
WHEREAS, public hearings were held on August 28 and September 25, 1984
at which time all interested persons were given full opportunity to be heard
• and to present evidence;
WHEREAS, the Planning Commission considered the entire record of the
proceeding including the staff report, plans, artistic renderings, letters,
petitions and testimony;
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF ARCADIA HEREBY
RESOLVES AS FOLLOWS:
Section 1. That the factual data submitted by the Planning Department
in the attached report is true and correct.
Section 2. This Commission finds:
1. That the granting of such Conditional Use Permit will not be
detrimental to the public health or welfare, or injurious to the property or
improvements in such zone or vicinity because the use is residential in nature
and will supplant an abandoned service station adjacent to a residential zone.
2. That the use applied for at the location indicated is properly one
for which a Conditional Use Permit is authorized in that the zoning code
permits such uses subject to conditions that are imposed on the use, as set
forth in Section 3 following, which conditions address and mitigate various
potential problems that relate to subject use.
i
3. That the site for the proposed use is adequate in size and shape to
accommodate said use, and all yards, spaces, walls, fences, parking, loading,
landscaping and other features required to adjust said use with the land and
uses in the neighborhood because this use provides a transition between the
adjacent commercial property and the surrounding residential property; the
proposed building has setbacks along Michillinda Avenue and Sunset Boulevard
which are not normally found in the commercial zone and these setbacks will be
landscaped along with an interior courtyard area; and that based upon the
parking requi repents and needs of the two existing retirement faci 1 i ties i n the
City there is adequate on-site parking to accommodate this use.
4. That the site abuts streets and highways adequate in width and
pavement type to carry the kind of traffic generated by the proposed use
because Sunset Boulevard is a major arterial in the City and Michillinda Avenue
is a secondary arterial and based upon the l imited amount of traffic generated
by the existing retirement facilities in the City, it was the Planning
Commission's opinion that this type of use would be less intense than a
commercial activity on the site and would generate less traffic volume.
5. That the granting of such Conditional Use Permit will not adversely
affect the comprehensive General Plan because this quasi-residential use is
less intense than a commercial use.
6. That the use applied for will not have a substantial adverse impact
on the environment because it is less intense than a commercial use, will
generate less traffic than a commercial use and subject to the conditions set
forth in Section 3 following, will have minimal impact on the environment.
7. That this is a desirable project and would have the least impact on
the neighborhood.
Section 3. That for the foregoing reasons this Commission grants a
conditional u,se permit to construct a 97 unit retirement hotel upon the
following conditions:
1. That the conditions as outlined in the attached report from the
Department of Public Works shall be complied with to the satisfaction of the
Director of Public Works.
2 . That fire safety shall be provided to the satisfaction of the Fire
Chief.
•
-2- 1271
•
3. That a modification shall be granted for 40 parking spaces in lieu
of 117 parking spaces required.
4. That the minimum age for residency in this facility shall be 60
years and a covenant or other required documentation as specified by the City
Attorney shall be filed guaranteeing that the minimum age of residents shall
be 60 years.
S. That exiting from the driveways located on Sunset Boulevard and
Michillinda Avenue shall be restricted and posted for "right turn only".
6. That a security gate shall be provided in the subterranean garage.
7. That a maximum of 117 people shall reside on the property at any one
time and a covenant or other required documentation as specified by the City
Attorney shall be filed guaranteeing that the maximum occupancy shall not
exceed 117 persons.
B. That the setback along Sunset Boulevard shall be a minimum of 12' to
14' from the property line.
9. That the rental period for a unit shall be a minimum of one week and
the City shall be entitled to review a rental agreement upon request.
• 10. That a limousine service or comparable transportation service shall
be provided on a permanent basis to the residents.
11. That the planting area along Sunset Boulevard shall be densely
landscaped; said landscape material shall be subject to the review and
approval of the Planning Department.
12. That the windows in the units along Sunset Boulevard shall be
double-glazed.
13. That C.U.P. 84-19 shall not take effect until the owner and
applicant have executed a form available at the Planning Department indicating
awareness and acceptance of the conditions of approval .
Section_4. The decision, findings and conditions contained in thi s
Resolution reflect the Commission' s action of September 25 , 1984 and the
following vote:
AYES: Commissioners Fee, Hedlund, Szany, Wells, Harbicht
NOES: Commissioner ,3ahnke
ABSENT: Commissioner Dixon
•
-3- 1271
• S
Section 5. The Secretary shall certify to the adoption of this
Resolution and shall cause a copy to be forwarded to the City Council of the
City of Arcadia.
I HEREBY CERTIFY that the foregoing Resolution was adopted at a regular
meeting of the Planning Commission held on the 9th day of October, 1984 by the
following vote:
AYES Commissioners Dixon, Fee, Hedlund, Szany, Harbicht
NOES: None
ABSENT: Commissioners Jahnke, Wells
Chairman, Planning Canmission
City of Arcadia
ATTEST:
Z. _: .Lll 4—t/4/3 /..r./
Secretary, Planning Commission
City of Arcadia
-4- 1271
CITY OF ARCADIA
240 W. HUNTINGTON DRIVE
ARCADIA, CA 91007
PRELIMINARY EXEMPTION ASSESSMENT
(Certificate of Determination
When Attached to Notice of Exemption)
1. Name or description of project: TPM 12-02 (71885)
2. Project Location — Identify street 618 Michillinda Avenue
address and cross streets or
map showing a ma showin project
p
site (preferably a USGS 15' or 7
1/2' topographical map identified
by quadrangle name):
3. Entity or person undertaking A.
project:
B. Other
(Private)
(1) Name Mr. Samir Khoury
(2) Address 1718 N. Neville Street.
Orange, CA 92865
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. n The proposed action does not constitute a project under CEQA.
b. 7 The project is a Ministerial Project.
c. [ The project is an Emergency Project.
d. E The project constitutes a feasibility or planning study.
e. El The project is categorically exempt.
Applicable Exemption Class: Sec. 15315. Class 15— Minor Land Divisions
f. � The project is statutorily exempt.
Applicable Exemption:
g E 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: June 27, 2013 Staff:
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