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HomeMy WebLinkAbout2025RESOLUTION NO. 2025 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP NO. TPM 18-04 (71885) WITH A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT ("CEQA") TO SUBDIVIDE AN IMPROVED PARCEL INTO TWO LEGAL LOTS LOCATED AT 618 MICHILLINDA AVENUE AND 601 SUNSET BOULEVARD. WHEREAS, on October 1, 2018, an application was filed by Samir Khoury from Coory Engineering, on behalf of the property owner for the subdivision of one improved parcel into two lots located at 618 Michillinda Avenue and 601 Sunset Boulevard, Development Services Department Case No. TPM 18-04 (71885), hereafter referred to as the 'Project'; and WHEREAS, on November 2, 2018, 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 15315 of the CEQA Guidelines because the Project is considered a minor land division; and WHEREAS, on February 12, 2019, 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 February 12, 2019, are true and correct. SECTION 2. This Commission finds, based upon the entire record: 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: FACT: The proposed subdivision to subdivide one parcel into two lots will be in compliance with the Commercial Land Use Designation of the General Plan and the General Commercial (C -G) Zoning of the subject site. In particular, the subdivision will comply with Land Use Policy LU -1.4: Encourage the gradual redevelopment of incompatible, ineffective, and/or undesirable land uses. The subject site is developed with two different land uses that are not highly compatible with one another. Approving the tentative parcel map will allow the two uses to be separated and function individually on their respective lots. Lot 2, which has significantly more land area than Lot 1 will be better suited for redevelopment if the assisted living facility is not part of the site. The existing site has a legal non -forming FAR of 0.94, which does not comply with the 0.5 FAR required by the Commercial Land Use designation and the C -G Zone. The proposed subdivision would result in an FAR of 1.7 for the assisted living facility on Lot 1, and a FAR of 0.83 for the commercial building on Lot 2. While the proposed subdivision will increase the FAR on Lot 1 for the assisted living facility, it will not change the overall FAR that was originally approved for this entire site by the Planning Commission. Both newly created lots will continue to have non -conforming FARs as there is no practical method to bring the lots into compliance without demolishing the existing buildings. Therefore, approval of the proposed tentative parcel map is not expected to create any impacts related to FAR, nor will the approval further intensify the uses from the proposed subdivision. 2 B. The site is physically suitable for the type and proposed density of development: FACT: The proposed subdivision proposes to subdivide a 7.65 acre (333,481 SF) improved lot into two legal lots that will measure 39,156 square feet (0.90 acres) and 293,603 square feet (6.74 acres) in lot area. The site is developed with a 246,120 square foot commercial building and a 68,112 square foot 97 -unit assisted living facility, which will remain in place as part of subdivision. There is no development proposed as part of the subdivision. The purpose of the subdivision is to separate the existing commercial and residential uses on the subject site. Each newly created lot will be adequate in size and suitable for the residential and commercial buildings. 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: FACT: The proposed subdivision will divide an existing improved parcel located in an urban setting. There are no proposed improvements as part of the subdivision. The subdivision will not cause substantial environmental damage, nor are there any fish and/or wildlife or habitat on the subject property or in the adjacent area that will be impacted. D. The design of the subdivision or type of improvements is not likely to cause serious public health or safety problems: FACT: Approval of the tentative parcel map is not likely to cause serious public health or safety problems. The subdivision proposes to subdivide an improved parcel into two lots for the purposes of separating the existing residential and commercial 3 developments on the site. The tentative parcel map has been reviewed by various City departments including Building Services and Fire Department to ensure compliance with applicable regulations; therefore no impacts are anticipated. 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 legislate body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision): FACT: The design of the subdivision will not conflict with easements acquired by the public at large for access through or use of, property within the proposed subdivision. Based on the proposed tentative parcel map, there are no such easements on the subject site. In addition, as part of the subdivision, the applicant will be required to dedicate 722 SF to the City for sidewalk purposes along Michillinda Avenue. 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: FACT: The proposed project is for the subdivision of one improved parcel; there are no improvements proposed as part of this approval. The existing residential and commercial developments discharge sewage into existing sewers and are not in violation of any existing requirements specified by the California Regional Water Quality Control Board. No change to existing sewage discharge is proposed. Furthermore, the application 0 has been reviewed by the Public Works Services Department and no concerns regarding sewage discharge were raised. G. The design of the subdivision provides, to the extent feasible, passive or natural heating and cooling opportunities: FACT: The proposed tentative parcel map has been reviewed by Building Services to ensure compliance with the California Building Code, which includes requirements associated with heating and cooling requirements. While there is no new construction or expansion to the existing buildings proposed as part of the subdivision, conditions of approval have been included to ensure the subdivision complies with the California Building Code. 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: FACT: The tentative parcel map has been designed to comply with the regulations of the City's Development Code, in particular with the requirements of the General Commercial Zone and Subdivision Ordinance. In addition, the tentative parcel map has been reviewed by all applicable public agencies to ensure compliance with all applicable regulations. I. Pursuant to the provisions of the California Environmental Quality Act ("CEQA"), this Project is a Class 15 Categorical Exemption as a minor land division per Section 15315 of the CEQA Guidelines. SECTION 3. For the foregoing reasons the Planning Commission determines that the Project is Categorically Exempt under the California Environmental Quality Act !.7 ("CEQA") and approves Tentative Parcel Map No. TPM 18-04 (71885), to subdivide an improved parcel into two lots located at 618 Michillinda Avenue and 601 Sunset Boulevard, 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 12th day of February, 2019. ATTEST: (tL Lisa L. Flor Secretary APPROVED AS TO FORM: Stephen P. Deitsch City Attorney lei Brad Thompson Chairman, Planning Commission STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) §: CITY OF ARCADIA ) I, Lisa Flores, Secretary of the Planning Commission of the City of Arcadia, hereby certify that the foregoing Resolution No. 2025 was passed and adopted by the Planning Commission of the City of Arcadia, signed by the Chair and attested to by the Secretary at a regular meeting of said Planning Commission held on the 12th day of February, 2019, and that said Resolution was adopted by the following vote, to wit: AYES: Chair Thompson, Vice Chair Lewis, and Commissioners Chan and Wilander NOES: None ABSENT: Commissioner Lin GV1 Lisa L. Flores Secretary of th Planning Commission RESOLUTION NO. 2025 Conditions of Approval 1. The developer will be required to pay the following fees prior to approval of the Parcel Map: Map Fee $100.00 Final Approval Fee (2 lot @ $25.00 ea.) 50.00 TOTAL $150.00 2. The owner shall provide an additional right of way dedication at the northwest corner along Michillinda Avenue of Lot 1 to include all existing sidewalk from the corner to the most northerly existing driveway. 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. Prior to filing the final Parcel Map, the Owner/Applicant shall prepare and submit to the City's Planning & Community Development Administrator, or designee, a declaration of covenants, conditions and restrictions ("CC&R's"), which shall upon approval and execution be recorded at the Los Angeles Recorder's Office against the subject real property. The CC&Rs shall contain provisions for reciprocal easement for all access and parking over the common area on both lots, permanent access on all driveway easements, and to allow the roof eaves on the existing commercial building on Lot 2 to overhang past the newly created property line on Lot 1. The CC&Rs shall be in a form and substance approved by the City Attorney, and shall provide among other matters that the CC&Rs shall not be amended or terminated without the prior written approval of the City. The CC&Rs shall receive the City Attorney's approval prior to approving the final parcel map. The Owner/Applicant shall deposit with the City the sum of $5,000 for purposes of the City Attorney's review of the CC&Rs. The deposit shall be increased by the Owner/Applicant on demand by the City as the City deems necessary, and any excess funds shall be promptly refunded to the Owner/Applicant following completion of review and approval of the CC&Rs by the City Attorney. 5. The project shall comply with the 2016 California Building Code (CBC), specifically with Chapters 6 and 7 in regards to construction type, and opening protection and fire separation. All openings (i.e. doors, windows) and roof ventilation openings impacted by the newly created property lines shall be required to comply with the CBC. In addition, the eave vents on the commercial building that overhangs into Lot 1 shall be closed, all rooftop exhaust vents on the assisted -living facility shall be relocated a minimum of ten feet from any property line; fire protection shall be provided at the loading dock serving the commercial building on Lot 2, all openings (i.e. windows, doors & vents) located on any property line shall be removed to the satisfaction of the Building Official and the Fire Marshal. 6. All utilities shall be separated between the two uses including, but not limited to, waste, water, gas, electrical and storm drain lines to the satisfaction of the Building Official, Public Works Services Director, and the City Engineer. 7. All City requirements shall be complied with to the satisfaction of the Building Official, City Engineer, Planning and Community Development Administrator, Public Works Services Director, and the Fire Marshal. 8. 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. 9. Approval of TPM No. 18-04 (71885) 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 Planning & Community Development Administrator or designee an Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. 0