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HomeMy WebLinkAboutItem 1 Of AR °Ptikv`c�gd� zit if, STAFF REPORT Development Services Department DATE: August 13, 2013 TO: Honorable Chairman and Planning Commission FROM: Jim Kasama, Community Development Administrator By: Thomas Li, Associate Planner SUBJECT: TENTATIVE PARCEL MAP NO. TPM 12-02 (71885) TO SUBDIVIDE AN IMPROVED 7.66 ACRE COMMERCIAL PARCEL INTO TWO PARCELS AT 618 MICHILLINDA AVENUE. Recommended Action: Conditional Approval and find that the project is exempt from CEQA per Section 15315 SUMMARY Tentative Parcel Map Application No. TPM 12-02 (71885) to subdivide an improved 7.66 acre commercial parcel into two parcels — 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: Tentative Parcel Map to subdivide a 7.66 acre commercial parcel into two parcels that is improved with a commercial and residential development. LOT AREA: 333,670 square feet (7.66 acres) FRONTAGES: 780.6 feet along Michillinda Avenue, and 994.2 feet along Sunset Boulevard. EXISTING LAND USE & ZONING: The site 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. In 1984, the north portion of the property was developed with a 97-unit assisted-living complex. The site is zoned C-2, General Commercial. SURROUNDING LAND USES & ZONING: North: Single-family residential — zoned R-1 & D 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 plus 246,120 square feet) divided by the lot area of 333,670 square feet. After the proposed subdivision, and a 721 square-foot dedication, the FAR will be 1.4 (53,307 square feet / 38,566 square feet) for the assisted living complex on Parcel 1, and 0.8 (246,120 square feet / 294,194 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 and MWH America (Engineering firm). In 1984, a 97-unit assisted living complex was approved under Conditional Use Permit No. CUP 84-19. The site also has an existing subterranean parking structure beneath the assisted living care facility and a three-story freestanding parking structure with 1,266 parking spaces for the office building. This project was initially scheduled for the Planning Commission hearing on July 23, 2013. However, at the request of the applicant, this item was continued to the Planning Commission hearing on August 13, 2013 to allow the applicant additional time to adjust the proposed property line dividing the two properties to TPM 12-02 (71885) 618 Michillinda Avenue August 13, 2013— Page 2 of 7 promote compliance with Building and Fire Codes. A copy of the applicant's continuance request letter is attached. DISCUSSION The applicant is proposing to subdivide the 7.66 acre commercial parcel into two lots to separate the two uses on the property. Parcel 1 would consist of 38,566 square feet (.88 acres) for the assisted living complex and its subterranean parking structure, and Parcel 2 would consist of 294,194 square feet (6.75 acres) for the existing commercial office building and its parking structure. The proposal separates the two 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. In addition, a 158'-0" long portion of the commercial office building canopy will encroach 12'-0" into Parcel 1. The applicant is proposing two different easements to allow these encroachments. As a condition of approval, the final easement agreement must be prepared by the applicant, to the satisfaction of the City Attorney and the City Engineer. The Building Official and the Fire Marshal has reviewed the subject proposal and drafted conditions of approval to ensure Code compliance. Specifically, the project shall comply with Chapters 6 and 7 of the 2010 California Building Code (CBC) in regards to type of construction and opening protection. Any door openings and roof ventilation openings of both buildings at the proposed property line shall comply with Code. The eave vents on the commercial office building shall be closed off, and the rooftop exhaust vents on the assisted living complex shall be relocated to a minimum of 10' away from the proposed property line. Additionally, all utilities shall be separated, including waste, water, gas, electrical and storm drainage lines. Approximately 721 square feet of existing sidewalk along Michillinda Avenue is currently on private property. As a condition of approval, the City Engineer is requiring that all sidewalk area to be dedicated to the City. 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. TPM 12-02 (71885) 618 Michillinda Avenue August 13, 2013— Page 3 of 7 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. 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. 8. That the requested subdivision injuriously affects the neighborhood wherein said lot is located. 9. 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. TPM 12-02 (71885) 618 Michillinda Avenue August 13, 2013— Page 4 of 7 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 initial public hearing notice for this project was published.on July 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. At the July 23, 2013 Planning Commission hearing, the project was continued to the Planning Commission hearing on August 13, 2013. No additional notices were given after the hearing. As of August 7, 2013, staff has not received any public comments or concerns on the application. RECOMMENDATION It is recommended that the Planning Commission approve the proposed project, subject to the following conditions: 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 dedicate additional right of way at the northwest corner of Parcel 1 to include all existing sidewalk. 3. The final map shall include easements for the proposed encroachments across property lines in enough detail to clearly describe the conditions, requirements and responsibilities, as necessary for each parcel.. 4. The project shall comply with Chapters 6 and 7 of the 2010 California Building Code (CBC) in regards to the type of construction and opening protection. Any door openings and roof ventilation openings of both buildings at the proposed property line shall comply with Code. The eave vents on the commercial office building shall be closed off, and the rooftop exhaust vents on the assisted living complex shall be relocated to a minimum of 10' away from the proposed property line, to the satisfaction of the Building Official and the Fire Marshal. TPM 12-02 (71885) 618 Michillinda Avenue August 13, 2013— Page 5 of 7 5. All utilities shall be separated between the two uses, including waste, water, gas, electrical and storm drainage lines, to the satisfaction of the Building Official, the Public Works Services Director, and the City Engineer. 6. 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. 7. 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. 8. 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. 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. TPM 12-02 (71885) 618 Michillinda Avenue August 13, 2013— Page6of7 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 pages 3 and 4 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 August 13, 2013 public hearing, please contact Associate Planner, Thomas Li by calling (626) 574-5447, or by sending an email to tli(a�ci.arcadia.ca.us. Approved: Jim Kasa Community Development Administrator Attachments: Aerial Photo with Zoning Information Tentative Parcel Map No. 71885 Continuance Request Letter Dated July 23, 2013 Preliminary Exemption Assessment 300-Foot Radius Map TPM 12-02 (71885) 618 Michillinda Avenue August 13, 2013 — Page 7 of 7 R...-f-, -1 41 M ' ' �r, 1. a R-1 Subject s . , property L ' . 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I '1313:-.,:t:111:12:''''il‘ 'I;'''':-1 t 'W i Ei i o b � ` aoogpo I: 1 ' II linii In COORY ENGINEERING CIVIL ENGINEERING&LAND SURVEYING July 23, 2013 Ms. Billie Tone Senior Administrative Assistant Development Services Department Community Development Division City of Arcadia 240 West Huntington Drive Arcadia, CA 91066-6021 Subject: Tentative Parcel Map No.71886 (TPM 12-02) Dear Ms. Tone: Based on my discussion today with the various city departments, please remove our item from the Planning Commission Agenda of today, shown as Item No. 3 and continue it to the next Planning Commission meeting scheduled for August 13, 2013. Meanwhile, we will submit an updated tentative parcel map based on our latest discussion with the city. Thank you. Very truly yours, Samir M 1iouT Samir M. Khoury, P.E. 1718 N. Neville Street, Orange, CA 92865 TEL: (714)202-8700 — — FAX: (714) 202-8701 r CITY OFARCADIA # 0bar ei&E r`"e 240 W.HUNTINGTON DRIVE jr ARCADIA,CA 91007 44nlq of No PRELIMINARY EXEMPTION ASSESSMENT (Certificate of Determination When Attached to Notice of Exemption) Name or description of project: TPM 12-02 (71885) 2. Project Location — Identify street 618 Michillinda Avenue 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): 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. ❑ 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: Sec. 15315. Class 15—Minor Land Divisions 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: June 27, 2013 Staff: `TNot-tgc Li , ASsoe I evre PuFNN£-st . 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