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HomeMy WebLinkAboutItem No. 1 - TTM 21-05 180 W. Huntington Drive DATE: July 27, 2021 TO: Honorable Chairman and Planning Commission FROM: Lisa L. Flores, Planning & Community Development Administrator By: Christine Song, Associate Planner SUBJECT: RESOLUTION NO. 2080 - APPROVING TENTATIVE TRACT MAP NO. TTM 21-05 (83054) TO SUBDIVIDE THE AIRSPACE FOR 96 RESIDENTIAL UNITS AND 5 COMMERCIAL UNITS FOR CONDOMINIUM PURPOSES FOR AN APPROVED MIXED-USE DEVELOPMENT (SEABISCUIT PACIFICA SPECIFIC PLAN) WITH A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (“CEQA”) LOCATED AT 180 W. HUNTINGTON DRIVE Recommendation: Adopt Resolution No. 2080 SUMMARY The Applicant, Jonathan Tseng, on behalf of the property owner, SAICP LLC, submitted Tentative Tract Map No. TTM 21-05 (83054) to subdivide the airspace of an approved mixed-use development with 96 residential units on the upper floors and 5 commercial units on the ground floor (Seabiscuit Pacifica Specific Plan) for condominium purposes at 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 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. 2080 (refer to Attachment No. 1) approving Tentative Tract Map No. TTM 21-05 (83054), subject to the conditions listed in the staff report. BACKGROUND In 2017, the City Council approved modifications under the Seabiscuit Pacific Specific Plan to allow the development of the Le Meridien hotel and to change the adjacent hotel condominium project to a mixed-use development. In 2018, the City Council approved additional changes which added two parcels to the Specific Plan area: 100 W. Huntington TTM 21-05 (83054) 180 W. Huntington Drive July 27, 2021 – Page 2 of 8 Drive and 180 W. Huntington Drive. The changes included increasing the number of residential units in the mixed-use development from 50 units to 96 units. In 2019, the City Council also approved an Interpretation of the Specific Plan that the floor area ratio (FAR) should be considered collectively, regardless of the number of legal lots that exist within the Specific Plan area. The overall site area is now approximately 266,456 square feet (6.11 acres) and currently has three legal lots. Lot 1, as 130 W. Huntington Drive, is the site of the new Le Meridien hotel and Lot 2, at 180 W. Huntington Drive was subdivided into two legal lots through Parcel Map No. 82938 to accommodate the mixed-use development (Parcel 1) and the valet surface parking lot (Parcel 2) – See Figure 1. PROPOSAL/ANALYSIS The Applicant is requesting to subdivide the airspace of Parcel 1 (approximately 85,813 square feet) for condominium purposes for the approved mixed use development, which consists of 96 residential units on the upper floors and 5 commercial units on the ground Figure 1 – Tract Map Parcel 1 Parcel 2 Lot 1 TTM 21-05 (83054) 180 W. Huntington Drive July 27, 2021 – Page 3 of 8 floor, which will be individually sold and owned. The proposed subdivision will be processed through the Tentative Tract Map – refer to Attachment No. 2. 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. The proposed tentative tract map 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, Planning & Community Development Administrator, Fire Marshal, and Public Works Services Director, or their respective designees. FINDINGS The proposal to subdivide the airspace for the 96 residential condominium units and 5 commercial units requires a subdivision through the Tentative Tract Map process – see Attachment No. 3 for Tentative Tract Map No. TTM 21-05 (83054). The proposed subdivision complies with the subdivision regulations of the Arcadia Development Code and the 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 Tract 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 tract map is in conformance with all the provisions under the City’s Development Code, the City’s General Plan, the State 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 x 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 site is physically suitable for the subdivision of the mixed-use development for condominium purposes to both the residential and commercial units. With the approved subdivision, it will not change the project that was approved for all the areas under the Specific Plan. TTM 21-05 (83054) 180 W. Huntington Drive July 27, 2021 – Page 4 of 8 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 tract map will subdivide the airspace 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 the Seabiscuit Pacifica Specific Plan was fully evaluated under an 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 tract map is to subdivide the airspace of an approved mixed-use development that has 96 residential units and 5 commercial units. The proposed subdivision is only for condominium purposes. No portion of the land will be physically subdivided under this approval. The tentative tract map has been reviewed by various City departments including Public Works Service Department and Fire Department to ensure compliance with applicable regulations. Additionally, the construction of the mixed-use development will comply with all Building and Fire Codes regulations. Therefore, the proposed subdivision will not cause any serious 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: There are no easements as part of this condominium subdivision that require the public at large to access through for this new development. Therefore, the proposed subdivision will not conflict with any such easements. 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 previously evaluated the approved hotel and mixed-use development under the adopted Mitigated Negative Declaration for the Seabiscuit Pacifica Specific Plan. TTM 21-05 (83054) 180 W. Huntington Drive July 27, 2021 – Page 5 of 8 It was 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 met. 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 tract map does not alter the location or physical features of the approved mixed-use development, which will be reviewed by Building Services for compliance with the California Building Code, which includes 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 tract map, as conditioned, complies with all the requirements under the Seabiscuit Pacifica Specific Plan for the approved mixed-use development. ENVIRONMENTAL ASSESSMENT It has been determined that the project site is less than five (5) acres; the project site has no value as habitat for endangered, rare or threatened species; the proposed project will not have any significant effects upon the environment, and the site can be adequately served by all the required utilities and public services. Therefore, the project is exempt under Class 32 (In-Fill Development Projects) pursuant to Section 15332 of the State California Environmental Quality Act (CEQA) Guidelines. 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 July 15, 2021. As of July 23, 2021, staff did not receive any public comments on this project. RECOMMENDATION It is recommended that the Planning Commission approve Tentative Tract Map No. TTM 21-05 (83054), subject to the following conditions, and find that the project is Categorically Exempt from the California Environmental Quality Act (CEQA), and adopt Resolution No. 2080, subject to the following conditions of approval: TTM 21-05 (83054) 180 W. Huntington Drive July 27, 2021 – Page 6 of 8 1. The section regarding “Maintenance” for the site’s Covenants, Conditions, and Restrictions (CC&Rs) shall be submitted to the Planning Division for review and approval prior to the recordation of the Final Map. 2. The Applicant/Property Owner shall be required to pay the following fees prior to approval of the Final Parcel Map: a. Map Fee $100.00 b. Final Approval Fee (1 lot @ $25.00 ea.) $ 25.00 TOTAL $125.00 3. Prior to approval of the Final Tract Map, the Applicant/Property Owner submit a separate demolition and erosion control plan prepared by a registered Civil Engineer. 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 Specific 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 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 Planning & Community Development Administrator. 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. 6. To the maximum extent permitted by law, Applicant must defend, indemnify, and hold City, any departments, agencies, divisions, boards, and/or commissions of the City, and its elected officials, officers, contractors serving as City officials, agents, employees, and attorneys of the City (“Indemnitees”) harmless from liability for damages and/or claims, actions, or proceedings for damages for personal injuries, including death, and claims for property damage, and with respect to all other actions and liabilities for damages caused or alleged to have been caused by reason of the Applicant’s activities in connection with Tentative Tract Map No. TTM 21-05 (83054) (“Project”) on the Project site, and which may arise from the direct or indirect operations of the Applicant or those of the Applicant’s contractors, agents, tenants, employees or any other persons acting on Applicant’s behalf, which relate to the development and/or construction of the Project. This indemnity provision applies to all damages and claims, actions, or proceedings for damages, as described above, regardless of whether the City prepared, supplied, or approved the plans, specifications, or other documents for the Project. TTM 21-05 (83054) 180 W. Huntington Drive July 27, 2021 – Page 7 of 8 In the event of any legal action challenging the validity, applicability, or interpretation of any provision of this approval, or any other supporting document relating to the Project, the City will promptly notify the Applicant of the claim, action, or proceedings and will fully cooperate in the defense of the matter. Once notified, the Applicant must indemnify, defend and hold harmless the Indemnitees, and each of them, with respect to all liability, costs and expenses incurred by, and/or awarded against, the City or any of the Indemnitees in relation to such action. Within 15 days’ notice from the City of any such action, Applicant shall provide to City a cash deposit to cover legal fees, costs, and expenses incurred by City in connection with defense of any legal action in an initial amount to be reasonably determined by the City Attorney. City may draw funds from the deposit for such fees, costs, and expenses. Within 5 business days of each and every notice from City that the deposit has fallen below the initial amount, Applicant shall replenish the deposit each and every time in order for City’s legal team to continue working on the matter. City shall only refund to Developer any unexpended funds from the deposit within 30 days of: (i) a final, non-appealable decision by a court of competent jurisdiction resolving the legal action; or (ii) full and complete settlement of legal action. The City shall have the right to select legal counsel of its choice that the Applicant reasonably approves. The parties hereby agree to cooperate in defending such action. The City will not voluntarily assist in any such third-party challenge(s) or take any position adverse to the Applicant in connection with such third-party challenge(s). In consideration for approval of the Project, this condition shall remain in effect if the entitlement(s) related to this Project is rescinded or revoked, whether or not at the request of the Applicant. 7. Approval of TTM 21-05 (83054) 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 Tract Map No. TTM 21-05 (83054) state that the proposal satisfies the requisite findings, and adopt the attached Resolution No. 2080 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 specific reasons for denial, and move to deny Tentative Tract Map No. TTM 21-05 (83054) TTM 21-05 (83054) 180 W. Huntington Drive July 27, 2021 – Page 8 of 8 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 July 27, 2021, Planning Commission Meeting, please contact Associate Planner, Christine Song at (626) 574-5447, or CSong@ArcadiaCA.gov. Approved: Lisa L. Flores Planning & Community Development Administrator Attachment No. 1: Resolution No. 2080 Attachment No. 2: Tentative Tract Map No. TTM 21-05 (83054) Attachment No. 3: Preliminary Exemption Assessment Attachment No. 1 Attachment No. 1 Resolution No. 2080 Attachment No. 2 Attachment No. 2 Tentative Tract Map No. TTM 21-05 (83054) Attachment No. 3 Attachment No. 3 Preliminary Exemption Assessment Preliminary Exemption Assessment FORM “A” PRELIMINARY EXEMPTION ASSESSMENT 1. Name or description of project: Tentative Tract Map No. TTM 21-05 – A request to subdivide the airspace for 96 residential units and 5 commercial units for condominium purposes for an approved mixed-use development (Seabiscuit Pacifica Specific Plan). 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): 180 W. Huntington Drive –The closest intersection is located north of the property at Huntington Drive and Santa Clara Street. 3. Entity or person undertaking project: A. B. Other (Private) (1) Name Jonathan Tseng (2) Address 41 Wheeler Ave., Suite 661329 Arcadia CA 91006 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: 15332 (Class 32 – In-Fill Development) 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: June 29, 2021 Staff: Christine Song, Associate Planner