HomeMy WebLinkAboutItem 4 - TTM 73491DATE: July 14, 2015
TO: Honorable Chairman and Planning Commission
FROM: Jim Kasama, Community Development Administrator
By: Nick Baldwin Planner
SUBJECT: RESOLUTION NO. 1943 – APPROVING TENTATIVE TRACT MAP NO.
TTM 73491 WITH A CATEGORICAL EXEMPTION UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR A SEVEN-
UNIT INDUSTRIAL CONDOMINIUM CONVERSION AT 12101 CLARK
STREET
Recommendation: Adopt Resolution No. 1943
SUMMARY
The applicant, SNW Development, Inc., is requesting approval of a Tentative Tract Map
for the conversion of the existing seven-unit industrial building into industrial
condominiums at 12101 Clark Street. The proposed subdivision is consistent with the
City’s General Plan, Subdivision Code, and the State Subdivision Map Act. As an
existing facility, the project qualifies for a Categorical Exemption under the California
Environmental Quality Act (CEQA). It is recommended that the Planning Commission
adopt Resolution No. 1943 (Attachment No. 1) to approve Tentative Tract Map No. TTM
73491 with a CEQA exemption, subject to the conditions listed in this staff report.
BACKGROUND
The subject site is zoned
M-1, Planned Industrial
District, and has a lot
size of 50,288 square-
feet. The property is
developed with a one-
story, 16,400 square-
foot, seven-unit industrial
building that was
constructed in 2001. The
unit sizes range from
1,800 to 3,100 square-
feet. There are 37
TTM 73491
12101 Clark Street
July 14, 2015 – Page 2 of 6
parking spaces, including two handicapped spaces. Refer to Attachment No. 2 for an
Aerial photo with Zoning Information and Photos of the Subject Property.
PROPOSAL
The applicant is proposing to convert the existing seven-unit building into industrial
condominiums – see Attachments 3 and 4 for the Tentative Tract Map and Architectural
Plans from 2001. There is no construction or demolition proposed with this project.
ANALYSIS
The proposed industrial condominium conversion meets all the requirements for such a
subdivision in the City’s Zoning and Subdivision Codes and the State Subdivision Map
Act. Unlike the conversion of residential apartments to condominiums, the property
owner is not required by the Subdivision Map Act or the City’s Subdivision regulations to
provide notice to the existing tenants of a proposed conversion. The applicant has
expressed that his motivation for this subdivision project is to have the opportunity in the
future to sell the individual units. He has stated that he has no intent to sell the units in
the near term. Each occupant within the building was mailed a copy of the public notice
for this project. As of July 9, 2015, no comments from these tenants have been
received.
The existing industrial building meets the City’s zoning regulations for an industrial
development in an M-1 Zone, and the property will remain in compliance if the units are
converted to industrial condominiums as proposed. The only obvious deficiency is the
lack of a cover or roof over the trash enclosure as currently required by the National
Pollutant Discharge Elimination System (NPDES). This deficiency will be required to be
resolved prior to approval of the Final Map.
The proposed development is consistent with the City’s General Plan, Zoning and
Subdivision Codes, and the State Subdivision Map Act. The proposed subdivision has
been reviewed by the various City Departments, and 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, or their
respective designees.
FINDINGS
Tentative Tract Map
The proposal to convert an industrial building into industrial condominium units requires
subdivision through the Tentative Tract Map process – see Attachment No. 3 for the
Tentative Tract Map. The proposed subdivision complies with the subdivision
regulations of the Arcadia Municipal Code and the State Subdivision Map Act, and will
not violate any requirements of a California Regional Water Quality Control Board. The
following two findings are required for approval of a Tentative Tract Map:
A.1. That the proposed subdivision is consistent with the City’s General Plan.
TTM 73491
12101 Clark Street
July 14, 2015 – Page 3 of 6
The proposed project will subdivide the airspace of an existing industrial building
and no new construction or exterior changes to the existing building are proposed.
Therefore, this project will remain in character with the Industrial designation as
described in the City’s General Plan.
A.2. That the discharge of waste from the proposed subdivision into the community
sewer system will comply with existing requirements prescribed by a California
Regional Water Quality Control Board.
The Arcadia Public Works Services Department confirmed that the subject
development is adequately served by the existing sewer infrastructure and the
requirements of the California Regional Water Quality Control Board are satisfied.
The proposed subdivision should not be approved if the Planning Commission finds that
any of the findings for denial listed at the end of this staff report are applicable.
ENVIRONMENTAL ANALYSIS
Pursuant to the provisions of the California Environmental Quality Act (CEQA) the
Development Services Department has determined that the proposed project, as an
existing facility, qualifies to be categorically exempt from environmental review per
Section 15301 of the CEQA Guidelines. See Attachment No. 5 for the Preliminary
Exemption Assessment.
PUBLIC NOTICE
The public hearing notice for this item was
published in the local newspaper and mailed to
the owners and tenants of those properties that
are located within 300 feet of the subject
property on July 2, 2015. As of July 9, 2015, no
comments were received regarding this project.
RECOMMENDATION
It is recommended that the Planning
Commission adopt Resolution No. 1943 to
approve Tentative Tract Map No. TTM 73491,
subject to the following conditions, and with a
finding that the project is Categorically Exempt
from the California Environmental Quality Act
(CEQA):
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
TTM 73491, subject to the approval of the Community Development Administrator
or designee.
TTM 73491
12101 Clark Street
July 14, 2015 – Page 4 of 6
2. The applicant/property owner shall construct at their expense, and/or enter into a
subdivision improvement agreement with the City, and post security for all the
public improvements shown on the Tentative Tract Map prior to approval of the
Final Map, including the following items, to the satisfaction of the City Engineer, or
designee:
a. Construction of a new driveway approach per City of Arcadia Standard Plans.
b. Construct a new sidewalk transition around the driveway approaches and
dedicate to the City of Arcadia the strips of land for the new sidewalks.
3. The applicant/property owner shall pay the following fees prior to the approval of
the Final Map: Map fee of $100 and Final approval fee of $25 for a total of $125.
4. The project shall comply with all applicable federal and State regulations regarding
accessibility.
5. Written agreement of individual condominium owners must be provided to the City
verifying that all common fire protection systems; i.e., fire sprinkler and fire alarm
systems, shall be maintained, tested, and repaired as necessary at the expense of
all property owners.
6. The applicant/property owner shall update the water service billing record with the
City’s Public Works Services Department to reflect the change(s) of ownership from
a single owner to multiple owners that are managed by a cooperative association.
7. The applicant/property owner shall establish a sewer account with the City’s Public
Works Services Department.
8. The Covenants, Conditions, and Restrictions (CC&Rs) for this condominium
subdivision shall be submitted to the Community Development Administrator or
designee for review and approval prior to the recordation of the Final Map.
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 Development Services
Director, or respective designees. If deemed necessary by any of the foregoing City
officials, 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. The applicant/property owner 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,
TTM 73491
12101 Clark Street
July 14, 2015 – Page 5 of 6
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.
11. Approval of TTM 73491 shall not take effect unless on or before 30 calendar days
after the Planning Commission adoption of the Resolution, the applicant and
property owner have executed and filed with the Community Development
Administrator or designee an Acceptance Form available from the Development
Services Department to indicate awareness and acceptance of these conditions of
approval.
PLANNING COMMISSION ACTION
Approval
If the Planning Commission intends to approve this project, the Commission should
approve a motion to adopt the attached Resolution No. 1943 to approve Tentative Tract
Map No. TTM 73491, state that the proposal satisfies the requisite findings, and impose
the conditions of approval set forth above, or as may be modified by the Commission.
Denial
If the Planning Commission intends 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 approve a motion to deny Tentative Tract Map No.
TTM 73491 and direct staff to prepare a resolution for adoption at the next meeting that
incorporates the Commission’s decision and specific findings. The Planning
Commission may wish to consider the following findings, which must be expanded upon
with specific reasons for denial:
D.1. That the proposed map is not consistent with the applicable general and specific
plans as specified in Section 66451 of the Subdivision Map Act.
D.2 That the design or improvement of the proposed subdivision is not consistent with
applicable general or specific plans.
D.3 That the site is not physically suitable for the type of development.
D.4 That the site is not physically suitable for the density of development.
D.5. That the design of the subdivision or the proposed improvements is likely to cause
substantial environmental damage or substantially and avoidably injure fish or
wildlife or their habitat.
TTM 73491
12101 Clark Street
July 14, 2015 – Page 6 of 6
D.6. That the design of the subdivision or the type of improvements is likely to cause
serious public health problems.
D.7. That the requested subdivision injuriously affects the neighborhood wherein said
lot is located.
D.8. 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 legislative body may
approve a map if it finds that alternate easements for access or for use, will be
provided and that these will be substantially equivalent to ones previously
acquired by the public. This finding 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 legislative body to determine that the public at
large has acquired easements for access through or use of property within the
proposed subdivision.
D.9. That the proposed waste discharge would result in or add to violation of
requirements of a California Regional Water Quality Control Board.
If any Planning Commissioner, or other interested party has any questions or comments
regarding this matter prior to the July 14, 2015, public hearing, please contact Assistant
Planner, Nick Baldwin at (626) 574-5444, or NBaldwin@ArcadiaCA.gov.
Approved:
Attachment No. 1: Resolution No. 1943
Attachment No. 2: Aerial Photo with Zoning Information and Photos of the Subject
Property
Attachment No. 3: Tentative Tract Map. No. TTM 73491
Attachment No. 4: Architectural Plans for the Existing Building and Site
Attachment No. 5: Preliminary Exemption Assessment
RESOLUTION NO. 1943
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARCADIA, CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO.
TTM 73491 WITH A CLASS 1 CATEGORICAL EXEMPTION UNDER
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR A
SEVEN-UNIT INDUSTRIAL CONDOMINIUM CONVERSION AT 12101
CLARK STREET
WHEREAS, on April 13, 2015, an application was filed by SNW Development,
Inc. for the seven-unit industrial condominium conversion at 12101 Clark Street,
Development Services Department Case No. TTM 73491 (hereafter referred to as the
“Project”); and
WHEREAS, on July 2, 2015, 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 15301 of the CEQA Guidelines because the Project is
an existing facility; and
WHEREAS, on July 14, 2015, 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. That the factual data submitted by the Community Development
Division in the staff report dated July 14, 2015 are true and correct.
SECTION 2. This Commission finds, based upon the entire record:
1. That the proposed Project is consistent with the City’s General Plan, the
City’s Subdivision and Zoning Regulations, and the State Subdivision Map Act.
2
FACT: The proposed project will subdivide the airspace of an existing industrial
building and no new construction or exterior changes to the existing building are
proposed. Therefore, this project will remain in character with the Industrial designation
as described in the City’s General Plan, Subdivision and Zoning Regulations, and the
State Subdivision Map Act.
2. That the discharge of waste from the proposed Project into the community
sewer system will not violate existing requirements prescribed by a California Regional
Water Quality Control Board.
FACT: The Arcadia Public Works Services Department confirmed that the
proposed development will be adequately served by the existing sewer infrastructure
and the requirements of the California Regional Water Quality Control Board will be
satisfied.
3. That this Project is categorically exempt from the California Environmental
Quality Act (CEQA) per Section 15301 of the CEQA Guidelines.
4. That the Development Services Director or designee is authorized to approve
and execute, if necessary, a subdivision agreement for this Project.
SECTION 3. For the foregoing reasons the Planning Commission determines
that the Project is Categorically Exempt per Section 15301 of the CEQA Guidelines, and
approves Tentative Tract Map No. TTM 73491 for a seven-unit industrial condominium
conversion at 12101 Clark Street, subject to the conditions of approval attached hereto.
SECTION 4. The Secretary shall certify to the adoption of this Resolution.
Passed, approved and adopted this 14th day of July, 2015.
3
Chairman, Planning Commission
ATTEST:
Secretary
APPROVED AS TO FORM:
Stephen P. Deitsch
City Attorney
4
RESOLUTION NO. 1943
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 submitted and conditionally approved for
TTM 73491, subject to the approval of the Community Development Administrator
or designee.
2. The applicant/property owner shall construct at their expense, and/or enter into a
subdivision improvement agreement with the City, and post security for all the
public improvements shown on the Tentative Tract Map prior to approval of the
Final Map, including the following items, to the satisfaction of the City Engineer, or
designee:
a. Construction of a new driveway approach per City of Arcadia Standard Plans.
b. Construct a new sidewalk transition around the driveway approaches and
dedicate to the City of Arcadia the strips of land for the new sidewalks.
3. The applicant/property owner shall pay the following fees prior to the approval of
the Final Map: Map fee of $100 and Final approval fee of $25 for a total of $125.
4. The project shall comply with all applicable federal and State regulations regarding
accessibility.
5. Written agreement of individual condominium owners must be provided to the City
verifying that all common fire protection systems; i.e., fire sprinkler and fire alarm
systems, shall be maintained, tested, and repaired as necessary at the expense of
all property owners.
6. The applicant/property owner shall update the water service billing record with the
City’s Public Works Services Department to reflect the change(s) of ownership from
a single owner to multiple owners that are managed by a cooperative association.
7. The applicant/property owner shall establish a sewer account with the City’s Public
Works Services Department.
8. The Covenants, Conditions, and Restrictions (CC&Rs) for this condominium
subdivision shall be submitted to the Community Development Administrator or
designee for review and approval prior to the recordation of the Final Map.
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
5
Official, Fire Marshal, Public Works Services Director, and Development Services
Director, or respective designees. If deemed necessary by any of the foregoing City
officials, 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. The applicant/property owner 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.
11. Approval of TTM 73491 shall not take effect unless on or before 30 calendar days
after the Planning Commission adoption of the Resolution, the applicant and
property owner have executed and filed with the Community Development
Administrator or designee an Acceptance Form available from the Development
Services Department to indicate awareness and acceptance of these conditions of
approval.
- - -
Overlays
Selected parcel highlighted
Parcel location within City of ArcadiaD
n/a
n/a
n/a
Property Owner(s):
Architectural Design Overlay:
Downtown Overlay:
Special Height Overlay:
Parking Overlay:
Lot Area (sq ft):
Year Built:
Main Structure / Unit (sq. ft.):
General Plan:
M-1
Number of Units:
I
Zoning:
Property Characteristics
2001
16,400
7
ADNOFF,MORRIE AND FRANCES
Site Address:
12101 CLARK ST
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 generated08-Jul-2015
Page 1 of 1
CITY OF ARCADIA
240 W. HUNTINGTON DRIVE
ARCADIA, CA 91007
PRELIMINARY EXEMPTION ASSESSMENT
1. Name or description of project: TTM 73491
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):
12101 Clark Street
(Cross streets – Durfee Avenue and Cogswell Road)
3. Entity or person undertaking
project:
A.
B. Other (Private)
(1) Name SNW Development, Inc.
(2) Address 5601 Pal Mal Ave.
Temple City, CA 91780
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: 15301 - Class 01 (Existing Facilities).
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: July 2, 2015 Staff: Nick Baldwin, Assistant Planner
FORM “A” – Preliminary Exemption Assessment