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HomeMy WebLinkAboutItem No. 3 - TPM 20-02- 180 W. HuntingtonDATE:May 26, 2020 TO: Honorable Chair and Planning Commission FROM: Lisa L. Flores, Planning & Community Development Administrator SUBJECT: APPROVING TENTATIVE PARCEL MAP NO. TPM 20-02 (82938) TO SUBDIVIDE THE 3.12 ACRE LOT INTO TWO LEGAL LOTS FOR THE APPROVED MIXED-USE DEVELOPMENT AND LE MERIDIEN HOTEL SITE (SEABISCUIT PACIFICA SPECIFIC PLAN) WITH A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AT 180 W. HUNTINGTON DRIVE Recommendation: Adopt Resolution No. 2056 SUMMARY The Applicant, Jonathan Tseng on behalf of SAICP, LLC, is requesting a Tentative Parcel Map to subdivide the 3.12 acre lot into two legal lots at 180 W. Huntington Drive. As a result of this subdivision, the entire site under Seabiscuit Pacifica Specific Plan will have a total of three legal lots to accommodate the approved mixed-use and hotel development at 130 and 180 W. Huntington Drive. The subdivision is consistent with the City’s General Plan, the Development Code, the Subdivision Map Act, and the Seabiscuit Pacifica Specific Plan. The proposed land subdivision qualifies for a Categorical Exemption under the California Environmental Quality Act (CEQA), as discussed later in the staff report. It is recommended that the Planning Commission adopt Resolution No. 2056 (refer to Attachment No. 1) approving Tentative Parcel Map No. TPM 20-02 (82938), subject the conditions listed in the staff report. BACKGROUND In 2014, a Specific Plan (i.e. Seabiscuit Pacifica Specific Plan) was approved for this site which allowed for two hotels (210 rooms) and a 50 unit hotel condominium. Then in 2017, the City Council approved modifications to the previously approved two Marriott hotels into a single, full Marriott hotel with 220 rooms along with changes to the building elevations and height, and the site plan. Subsequently, additional modifications were TPM 20-02 (82938) 180 W. Huntington Drive May 26, 2020 – Page 2 of 11 approved that included a change to the brand from Delta to Le Meridien, an increase the overall room count from 220 rooms to 227 rooms, as shown below, and changed the hotel condominium project to a mixed-use development. A year later, in 2018, the City Council approved additional changes to the second phase of the project, which included adding two additional parcels to the approved Specific Plan area: the northeast corner of the project site at 100 W. Huntington Drive (the former 100- 1 Club site), and an 11,887 square foot parcel to the west of the site at 180 W. Huntington Drive (the Salvation Army site). The overall site area is now approximately 266,456 square feet (6.11 acres). The approval also included an increase to the residential units in the mixed-use development from 50 residential units to 96 residentials units. In 2019, the City Council approved additional changes to mixed-use development that consisted of a reduction of the commercial space from 31,898 square feet to 10,600 square feet, a new parking layout with full valet service for the hotel. The Council also approved an Interpretation of the Specific Plan that the floor area ratio (FAR) shall be considered collectively, regardless of the number of legal lots that exist under the Specific Plan area. The site currently has two legal lots. Lot 1, at 130 W. Huntington Drive is the hotel site of the new Le Meridien hotel that is currently under construction and the northeast corner. Lot 2, at 180 W. Huntington Drive, is for the future location of the mixed-use development and the valet parking lot area. PROPOSAL/ANALYSIS The Applicant is requesting to subdivide Lot 2, the 3.12 acre (136,081 square feet) lot into two legal lots at 180 W. Huntington Drive to separate the surface parking lot area from the mixed-use building for financing reason. The lot area for the mixed-use building will be approximately 85,813 square feet and the surface parking lot area will be approximately 50,268 square feet. As a result of this subdivision, the entire area under TPM 20-02 (82938) 180 W. Huntington Drive May 26, 2020 – Page 3 of 11 Seabiscuit Pacifica Specific Plan will have a total of three legal lots to accommodate the approved mixed-use and hotel development at 130 and 180 W. Huntington Drive, as shown in Figure 1 below. Because the site was approved with shared parking and full valet services for the hotel and the commercial uses within the mixed-use development, an updated Declaration of Covenant, Conditions and Restrictions (“CC&Rs”) and Establishment of Easements will be required to provide reciprocal parking and access among all three lots and uses on this entire site, as shown in the image above. Also, a 10’-0” No Build Easement is required in front of the parking structure entrance that faces the surface parking lot when an opening is less than 3-feet from the property per the Building Code. As a result, a condition for both these items have been placed on this project to ensure they are recorded with L.A. County’s Recorder Office prior to recordation of the Final Parcel Map. The proposed subdivision is consistent with the City’s General Plan, Development and Subdivision Codes, the State Subdivision Map Act, and the approved Seabiscuit Pacifica Specific Plan (SP-SP) for this site. FINDINGS Tentative Parcel Map The request to subdivide an existing 3.12 acre lot into two separate legal lots requires that they be subdivided through the Tentative Parcel Map process – refer to Attachment Figure 1 – Three Legal Lots TPM 20-02 (82938) 180 W. Huntington Drive May 26, 2020 – Page 4 of 11 No. 2). The proposed subdivision complies with the subdivision regulations of the Arcadia Municipal Code, the Development Code, and the State Subdivision Map Act, and will not violate any requirements of the California Regional Water Quality Control Board. The following findings are required for approval of a Tentative Parcel Map: 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. Facts in Support of the Finding: The proposed tentative parcel map is in conformance with the City’s General Plan, Development Code, the Subdivision Map Act, and the approved Seabiscuit Pacifica Specific Plan (SP-SP). The Project will not adversely affect the comprehensive General Plan and is consistent with the following General Plan goal and policy: Land Use and Community Design Element Policy LU-1.1: Promote new infill and redevelopment projects that are consistent with the City’s land use and compatible with surrounding existing uses. B. The site is physically suitable for the type and proposed density of development. Facts in Support of the Finding: The entire site under the Seabiscuit Pacifica Specific Plan was approved for a hotel and mixed-use development. With the approved subdivision, the entire site collectively with three legal lots will not exceed the maximum floor area ratio of 1.0 or the density that was approved for the entire site under the Specific Plan. 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. Facts in Support of the Finding: The proposed tentative parcel map is for a minor subdivision of an infill site within an urbanized area; therefore, it will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The approved project for this entire site for Seabiscuit Pacifica Specific Plan was fully evaluated under the adopted Mitigated Negative Declaration. D. The design of the subdivision or type of improvements is not likely to cause serious public health or safety problems. Facts in Support of the Finding: The proposed tentative parcel map is to subdivide the 3.12 acre lot into two legal lots to accommodate the approved mixed- TPM 20-02 (82938) 180 W. Huntington Drive May 26, 2020 – Page 5 of 11 use and parking for the hotel development. Therefore, the proposed subdivision 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 record 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). Facts in Support of the Finding:The proposed tentative parcel map does not conflict with any easements acquired by the public at large for access through or use of property within the proposed subdivision. 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. Facts in Support of the Finding: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. This was previously evaluated for the approved hotel and mixed-use development under the adopted Mitigated Negative Declaration for the Seabiscuit Pacifica Specific Plan. G. The design of the subdivision provides, to the extent feasible, passive or natural heating and cooling opportunities. Facts in Support of the Finding: The proposed tentative parcel map does not alter the location of the approved mixed-use development, which will be reviewed by Building Services to ensure compliance with the California Building Code, which includes requirements associated with heating and cooling requirements. H. The proposed subdivision, its design, density, and type of development and improvements conforms to the regulations of the City’s Development Code and the regulations of any public agency having jurisdiction by law. Facts in Support of the Finding: The proposed tentative parcel map, as conditioned, complies with all the requirements under the Seabiscuit Pacifica Specific Plan for the approved hotel and mixed-use development. The proposed subdivision should not be approved if the Planning Commission is unable to make any of the above-mentioned findings. TPM 20-02 (82938) 180 W. Huntington Drive May 26, 2020 – Page 6 of 11 ENVIRONMENTAL ASSESSMENT It has been determined that the proposed project is Categorically Exempt from the California Environmental Quality Act (CEQA) Guidelines as the subdivision would allow when four or less parcels will be created under a parcel map per Section 15315. Refer to Attachment No. 3 for the Preliminary Exemption Assessment. PUBLIC NOTICE/COMMENTS A public hearing notice for this item was published in Arcadia Weekly and mailed to the property owners located within 300 feet of the subject property on May 14, 2020. As of May 21, 2020, staff did not receive any public comments on this project. RECOMMENDATION It is recommended that the Planning Commission approve Tentative Parcel Map No. TPM 20-02 (82938) and find that the project is Categorically Exempt from the California Environmental Quality Act (CEQA), and adopt Resolution No. 2056, subject to the following conditions of approval: 1. The Applicant/Property owner shall be required to pay the following fees prior to approval of the Final Parcel Map: Map Fee $100.00 Final Approval Fee (2 lots @ $25.00 ea.) $ 50.00 TOTAL: $150.00 2. The Applicant/Owner shall prepare and record in the Office of the Los Angeles County Recorder a 10’-0” No Build Easement generally located in front of the parking garage opening that faces the new property line. Such easement shall be in a form and substance approved by the City Attorney, shall provide that it is for the benefit of the City and the rights-of-way and other property in which the City owns an interest adjacent to the subject lot, and shall further provide that the owner of the subject lot and successors in interest shall maintain the easement in good condition at all times. The easement shall be approved prior to approval by the City and recordation of the Final Parcel Map. For purposes of such review, the Applicant shall deposit with the City funds set forth in the following Condition of Approval. 3. A Declaration of Covenants, Conditions and Restrictions (“CC&Rs”) and Establishment of Easements providing for reciprocal parking and access among all the lots and uses within the Parcel Map shall be prepared by the Applicant/Owner and recorded in the Office of the Los Angeles County Recorder against all lots within the Parcel Map and on the entire site under the approved Seabiscuit Pacifica Specific Plan prior to recordation of the Final Parcel Map. Prior to their recordation, the Applicant/Owner shall submit the CC&R’s to the City for review and approval by the TPM 20-02 (82938) 180 W. Huntington Drive May 26, 2020 – Page 7 of 11 City Attorney. For the purpose of such review and review of the easement described in the prior Condition of Approval, the Applicant/Owner shall submit to the City with the proposed CC&Rs a deposit of $3,500, of which any funds remaining after review and approval of the CC&Rs by the City shall be returned to the Applicant/Owner. 4. As part of the future development for this entire site under the Seabiscuit Pacifica Specific Plan, it shall adhere to all the conditions of approval and mitigation measures that were approved for this Plan. All City code requirements shall be complied with to the satisfaction of the Building Official, City Engineer, Planning & Community Development Administrator, Fire Marshal, and Public Works Services Director, or 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 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. 6. Approval of TPM 20-02 (82938) shall not be in effect unless the Property Owner and Applicant have executed and filed the Acceptance Form with the City on or before 30 calendar days after the Planning Commission has adopted the Resolution. The Acceptance Form to the Development Services Department is to indicate awareness and acceptance of the conditions of approval. PLANNING COMMISSION ACTION Approval If the Planning Commission intends to approve this project, the Commission should move to approve Tentative Parcel Map No. TPM 20-02 (82938) state that the proposal satisfies the requisite findings, and adopt the attached Resolution No. 2056 that incorporates the requisite environmental, subdivision, and architectural design review findings, and the conditions of approval as presented in this staff report, or as modified by the Commission. Denial If the Planning Commission is to deny this project, the Commission should state the specific findings that the proposal does not satisfy based on the evidence presented with TPM 20-02 (82938) 180 W. Huntington Drive May 26, 2020 – Page 8 of 11 specific reasons for denial, and move to deny Tentative Parcel Map No. TPM 20-02 (82938) 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 26, 2020, Planning Commission Meeting, please contact Lisa Flores, Planning & Community Development Administrator at (626) 574- 5445, or lflores@ArcadiaCA.gov. Approved: Lisa L. Flores Planning & Community Development Administrator Attachment No. 1: Resolution No. 2056 Attachment No. 2: Tentative Parcel Map No. 82938 Attachment No. 3: Preliminary Exemption Assessment Attachment No. 1 Resolution No. 2056 Attachment No. 2 Tentative Parcel Map No. 82938 Attachment No. 3 Preliminary Exemption Assessment Preliminary Exemption Assessment PRELIMINARY EXEMPTION ASSESSMENT 1. Name or description of project: Tentative Parcel Map No. TPM 20-02 (82938) to subdivide the 3.12 acre lot into two legal lots for the approved mixed-use development and Le Meridien hotel site (Seabiscuit Pacifica Specific Plan) with a categorical exemption un der the California Environmental Quality Act (CEQA) 2. Project Location Identify street address and cross streets or attach a map showing project site topographical map identified by quadrangle name): 180 W. Huntington Drive, Arcadia, CA, 91007 (cross streets are Colorado Place and in between east and west Huntington Drive). The entire site includes 130 and 180 W. Huntington Drive, Arcadia, CA, 91007. 3. Entity or person undertaking project: A. B. Other (Private) (1) Name Jonathan Tseng on behalf of SAICP, LLC (2) Address 41 Wheeler Avenue, Ste. 661329, Arcadia, CA 91006 4. Staff Determination: The eted 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: May 7, 2020 Staff: Lisa Flores, Planning & Community Dev. Adm.