HomeMy WebLinkAboutItem 2 - TPM 17-01 (71991)DATE: May 9, 2017 TO: Honorable Chairman and Planning Commission
FROM: Jim Kasama, Community Development Administrator
By: Nick Baldwin, Associate Planner
SUBJECT: RESOLUTION NO. 1992 – APPROVING TENTATIVE PARCEL MAP NO.
TPM 17-01 (71991) WITH A CATEGORICAL EXEMPTION UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FOR A FOUR
UNIT MULTI-FAMILY RESIDENTIAL CONDOMINIUM SUBDIVISION AT
615 S. SECOND AVENUE
Recommendation: Adopt Resolution No. 1992
SUMMARY
At its regular meeting on March 25, 2014, the Planning Commission approved a four
unit, multi-family residential condominium project (TPM 14-02 & MFADR 11-17 /
Resolution No. 1903) at 615 S. Second Avenue - see Attachment No. 4 for the March
25, 2014 Minutes, the Staff Report, and Resolution No. 1903. A building permit was
issued on September 30, 2015, and the project is currently under construction.
However, a final parcel map was not filed within 24 months of the approval of the
tentative parcel map, and therefore TPM 14-02 expired on March 25, 2016.
The applicant has filed a new tentative
parcel map, TPM 17-01, to subdivide
the air space for the four condominium
units. The proposed subdivision
complies with the Subdivision Map Act.
As a minor land division, the proposed
subdivision qualifies for a Categorical
Exemption under the California
Environmental Quality Act (CEQA). It is
recommended that the Planning
Commission approve Tentative Parcel
Map No. TPM 17-01 (71991) with a
Categorical Exemption, subject to the
conditions listed in the staff report, and
adopt Resolution No. 1992 – see
Attachment No. 1.
615 2nd Ave. – Subject Property
Resolution No. 1992 Tentative Parcel Map No. TPM 17-01 (71991) 615 S. Second Avenue May 9, 2017 – Page 2 of 6 BACKGROUND The subject property is a 7,945 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. The four-unit, multi-family residential project is currently under construction as approved by Multiple-Family Architectural Design Review No. MFADR 11-17, which was approved at the March 25, 2014, Planning Commission Meeting.
DISCUSSION
The applicant is requesting approval of a new Tentative Parcel Map, No. TPM 17-01
(71991) to subdivide the four multi-family residential units that are under construction
into condominiums.
The State legislature passed several bills that automatically extended Tentative Maps
for an additional two years if they were approved from January 1, 2002, through July 11,
2013. Since this map was approved after July 11, 2013, there were not any automatic
extensions applicable. The applicant was unaware that this tentative parcel map would
not be subject to an automatic extension, and the approval expired.
This lot is zoned R-3, High Density Residential, and the Development Code requires
that lots with this zoning designation be developed with a minimum of one unit per 2,200
square feet of lot area and not more than a maximum of one unit per 1,450 square feet
of lot area. Since this lot has an area of 7,945 square feet, it must be developed with a
minimum of three units, but not more than five units. The proposal to develop the lot
with four units meets the density requirements.
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 a tentative parcel map would allow the property owner to subdivide the air
space and sell the units to different individual owners.
The proposed subdivision is consistent with the regulations of the City’s Subdivisions
Division. 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 four multi-family residential units into condominiums
requires that they be subdivided through the Tentative Parcel Map process – see
Attachment No. 3 for the Tentative Parcel Map. The following findings are required for
approval of a Tentative Parcel Map:
Resolution No. 1992 Tentative Parcel Map No. TPM 17-01 (71991) 615 S. Second Avenue May 9, 2017 – Page 3 of 6 A. 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: The design or improvement of the proposed subdivision is consistent with the applicable General Plan as the site is physically suitable for this type of development and the approval of the design for the new condominium air space 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 that is proposed and complies with the
minimum density requirement of three units, and with the maximum density limit of
five 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 parcel map is for the subdivision of an infill development
and there is not a 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. Therefore, the subdivision design 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 will not conflict
with any of the easements, acquired by the public at large, for access through or
use of the property within the proposed subdivision. Based on the tentative parcel
map, there are no such easements on the subject property.
Resolution No. 1992 Tentative Parcel Map No. TPM 17-01 (71991) 615 S. Second Avenue May 9, 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 subdivision, and the requirements from 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 subdivision 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 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 the
maximum density of five units, and all the improvements required for each unit will
comply with the regulations that are required by 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
for a Class 15 Categorical Exemption as a minor land division per Section 15315 of the
CEQA Guidelines. Refer to Attachment No. 5 for the Preliminary Exemption
Assessment.
PUBLIC NOTICE/COMMENTS
The public hearing notice for this item was mailed to
the owners and tenants of those properties that are
located within 300 feet of the subject property on
April 27, 2017. Pursuant to the provisions of the
California Environmental Quality Act (CEQA), the
public hearing notice was published in the Arcadia
Weekly on April 27, 2017. As of May 4, 2017, staff
had not received any comments from neighbors.
RECOMMENDATION
It is recommended that the Planning Commission approve Tentative Parcel Map No.
TPM 17-01 (71991) with a Categorical Exemption under the California Environmental
Quality Act (CEQA), and adopt Resolution No. 1992, which includes the requisite
findings, and the following conditions of approval:
Resolution No. 1992 Tentative Parcel Map No. TPM 17-01 (71991) 615 S. Second Avenue May 9, 2017 – Page 5 of 6 1. The project shall be developed and maintained by the applicant/property owner in a manner that is consistent with the conditional approval of Tentative Parcel Map No. TPM 17-01 (71991) to the satisfaction of the Development Services Director or designee(s). 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 17-01 (71991) 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 the curb, gutter, and sidewalk along the entire frontage of
the site; and
b. Install new street trees in the parkway along Second Avenue as shown on the
Grading Plan and in accordance with the City of Arcadia Street Tree Master
Plan.
4. The applicant shall remove and replace the asphalt alley and concrete ribbon gutter
from property line to property line along the alley to the satisfaction of the City
Engineer or designee.
5. 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. Compliance with these requirements may
be determined by having fully detailed construction plans submitted for plan check
review and approval by the foregoing City officials and employees.
6. 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
Resolution No. 1992 Tentative Parcel Map No. TPM 17-01 (71991) 615 S. Second Avenue May 9, 2017 – Page 6 of 6 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. 7. Approval of TPM 17-01 (71991) 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 subdivision, the Commission should
approve a motion to adopt Resolution No. 1992 to approve Tentative Parcel Map No.
TPM 17-01 (71991) on the bases that the proposal satisfies the requisite findings,
including the environmental finding 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 17-01 (71991); state the
finding(s) that the proposal does not satisfy with specific 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 May 9, 2017, public hearing, please contact Associate
Planner, Nick Baldwin at (626) 574-5444, or NBaldwin@ArcadiaCA.gov.
Approved:
Attachment No. 1: Resolution No. 1992
Attachment No. 2: Aerial Photo with Zoning Information and Photos of the Subject
Property and Vicinity
Attachment No. 3: Tentative Parcel Map No. TPM 17-01 (71991)
Attachment No. 4: March 25, 2014, PC Minutes, Staff Report, and Resolution No. 1903
Attachment No. 5: Preliminary Exemption Assessment
Attachment No. 1
Attachment No. 1
Resolution No. 1992
Attachment No. 2
Attachment No. 2
Aerial Photo with Zoning Information and
Photos of the Subject Property and Vicinity
Overlays
Selected parcel highlighted
Parcel location within City of Arcadia
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
2,134
7,833
1
HON JI INVESTMENTS LLCSite Address:615 S 2ND AVE Parcel Number: 5779-009-018
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 12-Apr-2017
Page 1 of 1
1933
615 S. Second Ave. – Subject Property
615 S. Second Ave. – Subject Property
615 S. Second Ave. – Subject Property, View from Alley
623 S. Second Ave., Adjacent Property to the South
618 S. Second Ave., Property across the Street
610‐612 S. Second Ave., Property across the Street
Attachment No. 3
Attachment No. 3
Tentative Parcel Map No. TPM 17-01
(71991)
Attachment No. 4
Attachment No. 4
March 25, 2014 PC Minutes and PC, Staff
Report, and Resolution No. 1903
Attachment No. 5
Attachment No. 5
Preliminary Exemption Assessment
FORM “A” – Preliminary Exemption Assessment
CITY OF ARCADIA 240 W. HUNTINGTON DRIVE ARCADIA, CA 91007 PRELIMINARY EXEMPTION ASSESSMENT 1. Name or description of project: TPM 17-01 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):
615 S. Second Avenue (Cross streets – Fano Street and Genoa Street
3. Entity or person undertaking
project:
A.
B. Other (Private)
(1) Name Hon Ji Investment, LLC
(2) Address 15817 Old Hickory Lane, Chino Hills, CA
91709
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: April 13, 2017 Staff: Nick Baldwin, Associate Planner