HomeMy WebLinkAboutItem 1 - Resolution No. 1987DATE: January 24, 2017
TO: Honorable Chairman and Planning Commission
FROM: Jim Kasama, Community Development Administrator
By: Jordan Chamberlin, Assistant Planner
SUBJECT: RESOLUTION NO. 1987 – APPROVING TENTATIVE PARCEL MAP NO.
TPM 16-07 (72285) WITH A CATEGORICAL EXEMPTION UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR A THREE-
UNIT, MULTI-FAMILY, RESIDENTIAL-CONDOMINIUM SUBDIVISION AT
138 CALIFORNIA STREET
Recommendation: Adopt Resolution No. 1987
SUMMARY
At its September 9, 2014, meeting, the Planning Commission adopted Resolution No.
1910 to approve a three-unit, multi-family-residential condominium project at 138
California Street - see Attachment No. 4 for the Minutes, Resolution No. 1910, and the
staff reports. A building permit was issued September 30, 2015, and the project is
currently under construction. A final parcel map, however, was not filed within 24
months of the effective date of the tentative map approval, and it therefore expired in
September 2016.
The applicant has a filed a new tentative map to subdivide the three-unit project for
condominium purposes. The proposed subdivision complies with the Subdivision Map
Act and the City’s Subdivision Code. As a minor land division, the proposed Tentative
Parcel Map qualifies for a Categorical Exemption under the California Environmental
Quality Act (CEQA). It is recommended that the Planning Commission adopt Resolution
No. 1987 (Attachment No. 1) to approve Tentative Parcel Map No. TPM 16-07 (72285),
subject to the conditions listed in this staff report.
BACKGROUND
The subject property is an 8,000-square-foot lot, zoned R-3, High-Density Multiple-
Family Residential - see Attachment No. 2 for an Aerial Photo with Zoning Information
and Photos of the Subject Property. A three-unit, townhouse project is currently under
construction. Building permits were issued September 30, 2015, for the three-unit, multi-
family-residential project as approved by Multiple-Family Architectural Design Review
No. MFADR 14-02, Oak Tree Encroachment Permit No. TRE 14-03, and Healthy Oak
Tree Removal Permit No. 14-02. These applications were approved in conjunction with
Resolution No. 1987
TPM 16-07 (72285)
138 California Street
January 24, 2017 – Page 2 of 6
the expired Tentative Parcel Map No.
TPM 14-08 by Resolution No. 1910 -
see Attachment No. 4 for the Minutes,
Resolution No. 1910, and the staff
reports. Approval of a tentative map is
valid for 24 months from the effective
date of the approval, within which
time a final map must be filed and
recorded with the County. The
applicant failed to record a final map
by this deadline. Without a recorded
parcel map, the three units cannot be
sold individually.
DISCUSSION
The applicant is requesting approval of Tentative Parcel Map No. TPM 16-07 (72285) to
subdivide the three, multi-family-residential units that are currently under construction
into condominiums.
The State legislature passed a series of bills that automatically extended the approval of
tentative maps. The last such legislation extended the approvals for another two years if
the maps were approved as of July 11, 2013. Tentative Parcel Map No. TPM 14-08 was
approved after July 11, 2013, and no automatic extensions were applicable. The
applicant did not realize that this project would not be subject to the automatic
extension, and did not apply to the City for an extension of the approval of Tentative
Parcel Map No. TPM 14-08.
There have been no changes to the project site, applicable standards, or environmental
setting of the project that would negate its eligibility to be subdivided into condominiums.
Approval of the tentative parcel map would allow the property owner to subdivide the
project for condominium purposes.
The proposed subdivision is consistent with the City’s Subdivision Code 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
The proposal to subdivide the multi-family-residential units into condominiums requires
that they be subdivided through the tentative map process – see Attachment No. 3 for
the proposed Tentative Parcel Map. The following findings are required for approval of a
tentative map:
Photo of the subject property, 138 California Street.
Resolution No. 1987
TPM 16-07 (72285)
138 California Street
January 24, 2017 – Page 3 of 6
A. The proposed map, subdivision design, and improvements are consistent
with the General Plan, any applicable specific plan, and Division 5
(Subdivisions) of the City’s Development Code:
The design or improvement of the proposed subdivision is consistent with the
applicable General Plan as the site is physically suitable for the type of
development and the approval of the architectural design for the condominiums
respects the scale and character of the existing neighborhood.
B. The site is physically suitable for the type and proposed density of
development:
The site is physically suitable for the density of the project and complies with the
minimum density of three units. There are no physical impediments to the
development of this site for residential condominiums.
C. 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:
The proposed tentative map is for a minor subdivision of an infill site and there is no
protected aquatic or wildlife habitat on the subject property. Therefore, it will not
cause substantial environmental damage or substantially and avoidably injure fish
or wildlife or their habitat.
D. The design of the subdivision or type of improvements is not likely to cause
serious public health or safety problems:
The proposed subdivision is for condominium purposes. No portion of the land will
be physically subdivided. The construction of the three, multi-family-residential units
is being done in compliance with Building and Fire Codes and all other applicable
regulations. The project meets all health and safety requirements, and will not
cause any public health or safety problems.
E. 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 records 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):
The proposed design of the subdivision or the type of improvements does not
conflict with any easements, acquired by the public at large, for access through or
use of the property within the proposed subdivision. Based on the tentative map,
there are no such easements on the subject property.
Resolution No. 1987
TPM 16-07 (72285)
138 California Street
January 24, 2017 – Page 4 of 6
F. 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:
The Arcadia Public Works Services Department determined that the City’s existing
infrastructure will adequately serve the new development, and the requirements of
the California Regional Water Quality Control Board will be satisfied.
G. The design of the subdivision provides, to the extent feasible, passive or
natural heating and cooling opportunities:
The project has been designed to comply with the California Building Code that
includes regulations pertaining to energy conservation.
H. The proposed subdivision, its design, density, and type of development and
improvements conforms to the regulations of the Arcadia Development Code
and the regulations of any public agency having jurisdiction by law:
The proposed subdivision complies with the minimum density of three units, and all
the improvements required for the site and each unit will comply with the
regulations in the City’s Development Code.
ENVIRONMENTAL ASSESSMENT
Pursuant to the provisions of the California Environmental Quality Act (CEQA) the
Development Services Department has determined that the proposed project qualifies
as a minor land division for a Class 15 Categorical Exemption per Section 15315 of the
CEQA Guidelines. Refer to Attachment No. 5 for the Preliminary Exemption
Assessment.
PUBLIC NOTICE/COMMENTS
The public hearing notices for this item were mailed to the owners and tenants of those
properties that are located within 300 feet of the subject property on January 12, 2017.
Pursuant to the provisions of the California Environmental Quality Act (CEQA), the
public hearing notice was published in the Arcadia Weekly on January 12, 2017. As of
January 17, 2017, staff had not received any comments in response to the notices.
RECOMMENDATION
It is recommended that the Planning Commission conditionally approve the tentative
map and find that this map is Categorically Exempt under the California Environmental
Quality Act (CEQA) by adopting Resolution No. 1987, which includes the requisite
findings, and 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 conditional approval of TPM 16-07 (72285) to the
satisfaction of the Development Services Director or designee(s).
Resolution No. 1987
TPM 16-07 (72285)
138 California Street
January 24, 2017 – Page 5 of 6
2. The applicant/property owner shall pay a $100 Final Map fee and a $25 Final Map
Approval fee prior to the approval of the final Parcel Map.
3. 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 Tentative Parcel Map No. TPM 16-07 (72285) prior to
approval of the final Parcel Map, including, but not limited to the following items, to
the satisfaction of the City Engineer, or designee:
a. Remove and replace existing curb, gutter, and sidewalk from property line to
property line along California Street;
b. Construct a new driveway approach on California Street per City standards;
c. The applicant/property owner shall replace street trees in the public parkway in
front of the property if determined to be necessary by the Public Works
Services Director or designee; and
d. The applicant/property owner shall remove and replace the asphalt alley and
concrete swale to the south from property line to property line along the alley
frontage.
4. 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 their respective designees.
5. 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 map 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 map or decision. The City shall promptly notify the applicant of
any claim, action, or proceeding concerning the map 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 16-07 (72285) shall not be of 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
Resolution No. 1987
TPM 16-07 (72285)
138 California Street
January 24, 2017 – Page 6 of 6
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 subdivision, the Commission should
approve a motion to adopt Resolution No. 1987 to approve Tentative Parcel Map No.
TPM 16-07 (72285) on the bases that the proposal satisfies the requisite findings,
including the environmental determination that the map is Categorically Exempt under
the California Environmental Quality Act (CEQA), and is subject to the conditions of
approval, as presented in this staff report or as modified by the Commission.
Denial
If the Planning Commission intends to deny this subdivision, the Commission should
approve a motion to deny Tentative Parcel Map No. TPM 16-07 (72285); state the
finding(s) that the proposal does not satisfy with reasons based on the record, and
direct staff to prepare a resolution for adoption at the next meeting that incorporates the
Commission’s decision and specific findings.
If any Planning Commissioner, or other interested party has any questions or comments
regarding this matter prior to the January 24, 2017, meeting, please contact Assistant
Planner, Jordan Chamberlin at (626) 821-4334, or JChamberlin@ArcadiaCA.gov.
Approved:
Attachment No. 1: Resolution No. 1987
Attachment No. 2: Aerial Photo with Zoning Information and Photos of the Subject Property
Attachment No. 3: Tentative Parcel Map No. 72285
Attachment No. 4: Resolution No. 1910, and August 26, 2014 and September 9, 2014
Minutes & Staff Reports
Attachment No. 5: Preliminary Exemption Assessment
Attachment No. 1
Attachment No. 1
Resolution No. 1987
Attachment No. 2
Attachment No. 2
Aerial Photo with Zoning Information and
Photos of the Subject Property
Overlays
Selected parcel highlighted
Parcel location within City of Arcadian/a
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:
R-3
Number of Units:
HDR
Zoning:
Property Characteristics
8,000
GREEN FIELD INVESTMENT INC
Site Address:
138 CALIFORNIA 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 generated06-Aug-2014
Page 1 of 1
Photo of the subject property at 138 California Street
Photo of neighboring property to the west at 134 California Street
Photo of neighboring property to the northwest at 139 California Street
Photo of neighboring property to the north at 137 California Street
Photo of neighboring property to the northeast at 141 California Street
Photo of neighboring property to the east at 142 California Street
Attachment No. 3
Attachment No. 3
Tentative Parcel Map No. 72285
Attachment No. 4
Attachment No. 4
Resolution No. 1910, and August 26, 2014
and September 9, 2014 Minutes & Staff
Reports
Attachment No. 5
Attachment No. 5
Preliminary Exemption Assessment
Preliminary Exemption Assessment FORM “A”
PRELIMINARY EXEMPTION ASSESSMENT
(Certificate of Determination
When Attached to Notice of Exemption)
1. Name or description of project: Tentative Parcel Map No. TPM 16-07 (72285)
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):
3. Entity or person undertaking
project:
A.
B. Other (Private)
(1) Name Green Field Investment Inc. USA
(2) Address 9550 Flair Drive #200
El Monte, CA 91731
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: 15315 - Class 15 (Minor Land Division)
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: January 12, 2017 Staff: Jordan Chamberlin, Assistant Planner