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PC - Item 4A - Tentative Tract Map 071087ROSEMEAD PLANNING COMMISSION STAFF REPORT TO: THE HONORABLE CHAIRMAN AND MEMBERS OF THE ROSEMEAD PLANNING COMMISSION FROM: PLANNING DIVISION DATE: APRIL 20, 2009 SUBJECT: TENTATIVE TRACT MAP 071087 TO CONSOLIDATE FIVE (5) PARCELS INTO ONE (1) PARCEL LOCATED AT 7968 GARVEY AVENUE PROJECT SUMMARY Ton Sanh Nguyen has submitted a Tentative Tract Map application proposing to merge five (5) existing parcels into one (1) parcel in order to accommodate two (2) existing single-story commercial buildings that span across the five parcels. The subject site is located at 7968 Garvey Avenue in the C-3 (Medium Commercial) zone. Environmental Analysis Staff finds that Tentative Tract Map 071087 is exempt under Section 15305(c) of the California Environmental Quality Act (CEQA) as this project consists of a reversion to acreage in accordance with the Subdivision Map Act. Accordingly, Tentative Tract Map 071087 is classified as a Class 5 Categorical Exemption pursuant to Section 15305(c) of CEQA guidelines. Municipal Code Requirements Section 66474, et. Seq. of the Subdivision Map Act describes the grounds for approving a subdivision map. In addition, Chapter 16.04 of the Rosemead Municipal Code provides subdivision regulations, which adopt Los Angeles County subdivision regulations by reference. The following are findings that must be made in order to approve a Tentative Tract Map: • The map will not be materially detrimental to the public welfare nor injurious to the property, or improvements in the immediate vicinity. • The proposed subdivision will not be contrary to any official plan, policy or standards adopted by the City. • Each proposed parcel conforms in area and dimension to the City codes. • All streets, alleys and driveways proposed to serve the property have been dedicated and that such streets, alleys and driveways are of sufficient design to provide adequate access and circulation for vehicular and pedestrian traffic. • Easements and covenants required for the tentative map have been executed and recorded. Planning Commission Meeting April 20, 2009 Page 2 of 13 If the Planning Commission cannot make all of the above findings, then it shall deny the tentative tract map. Staff Recommendation Staff recommends that the Planning Commission APPROVE Tentative Tract Map 071087 for a period of two (2) years and ADOPT Resolution 09-06 subject to conditions outlined in attached Exhibit "B." ANALYSIS Project History and Description The subject site is located at the southwest corner of Garvey Avenue and Kelburn Avenue. The parcels are bordered by Garvey Avenue to the north, Kelburn Avenue to the east, a commercial building to the west and single-family homes to the south. According to Building Department records, the site is currently developed with two (2) existing structures which were built in 1960, which have been used for a variety of commercial uses ever since. Prior uses include: a general merchandise grocery store and a Bank of America which was approved on January 22, 1960. On December 3, 2007, the City of Rosemead Planning Commission approved Conditional Use Permit 07-1107 to permit building and site renovations for the operation of a mini-mall at the subject property. These improvements are currently underway, and include interior tenant improvements, the removal of an existing roof-mounted sign, landscaping renovations, the construction of a new trash enclosure, parking lot re- striping, and new building paint. This Tentative Tract Map application has been submitted to fulfill condition of approval No.5 of Conditional Use Permit 07-1107. No additional development is proposed as part of this Tentative Tract Map application. The following figure is the Assessor's Parcel Map, which shows the five (5) parcels which are being consolidated into one (1) parcel. Planning Commission Meeting April 20, 2009 Page 3 of 13 _ j ICI 3 " GARVEYa AVE- q N PROJECT ! ~g li SITE CO ~ m ..t .vw CO _ O - m C) z Z v O s ~ Di I: g O I- © kO -I a v (9) ti p P, G) r+ c, z Q S O =I L IN N XN In s ♦T ® D SITE ANALYSIS Site & Surrounding Land Uses The site is designated in the General Plan for Mixed-Use: Residential/Commercial (31- 45 du/acre) and on the Zoning Map it is designed for C-3 (Medium Commercial). The site is surrounded by the following land uses: North: General Plan: Mixed Use: Residential/Commercial (30-45 du/acre) Zoning: C-3 (Medium Commercial) Land Use: Auto auction facility South: General Plan: Medium Density Residential and Mixed Use: Residential/Commercial (30-45 du/acre) Zoning: P (Auto mobile parking) Land Use: Commercial and Residential uses East: General Plan: Mixed Use: Residential/Commercial (30-45 du/acre) Zoning: C-3 (Medium Commercial) Land Use: Commercial uses West: Mixed Use: Residential/Commercial (30-45 du/acre) General Plan: Commercial Zoning: C-3 (Medium Commercial) Land Use: Commercial uses Planning Commission Meefing April 20, 2009 Page 4 of 13 ADMINISTRATIVE COMMENTS AND ANALYSIS Tentative Tract Map On December 3, 2007, the Planning Commission approved Conditional Use Permit 07- 1107 to develop a mini-mall which included a 2,000 square-foot restaurant and a 2,900 square-foot retail establishment. Condition No.5 of Conditional Use Permit 07-1107 required that prior to the issuance of a certificate of occupancy, the applicant shall submit a tentative map application to the Planning Division to consolidate the existing five (5) parcels into one (1) parcel. Therefore, this tentative tract map application is submitted in fulfillment of the requirements of Conditional Use Permit 07-1107 and the Subdivision Map Act. The purpose of this tentative map is to bring the site into compliance with the Uniform Building Code and to realign the property lines such that the existing buildings do not cross property lines. Furthermore, the consolidation of the parcels into one legal parcel will prevent parcels within this property from being sold separately in the future without adequate parking facilities and access. The five (5) parcels that make up the entire project site total approximately 34,505 square-feet (0.79 acres). There are two (2) existing vehicular driveways that provide access to the site. Both driveways are 26-feet wide. The first driveway is located on Kelburn Avenue, and the second driveway is located on Garvey Avenue between the two existing buildings. The Tentative Tract Map was distributed to various agencies for their review on February 9, 2009. Responding agencies have made their comments, which are on file. The City Engineer has checked the Tentative Tract Map for its accuracy. The City Engineer's conditions of approval have been added to the attached conditions of approval, shown as Exhibit "B". There are no unusual or special conditions that were requested by the City Engineer or any of the outside public agencies contacted. All required improvements will be reviewed and approved by the applicable agency before the final map is recorded with the Los Angels County Recorder's Office. Conclusion Tentative Tract Map 071087 will not be detrimental to the public welfare nor injurious to surrounding properties. The proposed lot consolidation is consistent with the requirements of the City of Rosemead Zoning Ordinance and the policies of the General Plan. Once the proposed map has been approved and recorded at the Los Angeles County Recorder's Office, a certificate of occupancy will be issued to both the restaurant and the retail establishment which were previously approved under Conditional Use Permit 07-1107. Staff feels that the consolidation of these five (5) parcels into one parcel, in addition to the previously approved building renovations, will vastly improve the visual appearance of the subject property. Planning Commission Meeting April 20, 2009 Page 5 of 13 PUBLIC NOTICE PROCESS Written notices of this public hearing were mailed to property owners within 300 feet of the subject site, posted on-site and five (5) notices were posted in designated public places. Associate Submitted by: e4~ ` ycle_,~ Sheri Bermejo Principal Planner EXHIBITS: A. Resolution No. 09-06 B. Conditions of Approval C. Tentative Tract Map 071087 D. Assessor's Parcel Map 5284-027-027 Planning Commission Meeting April 20, 2009 Page 6 of 13 EXHIBIT "A" PC RESOLUTION 09-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD APPROVING TENTATIVE TRACT MAP 071087 TO CONSOLIDATE FIVE (5) EXISTING PARCELS INTO ONE (1) PARCEL LOCATED AT 7968 GARVEY AVENUE IN THE C-3 (MEDIUM COMMERCIAL) ZONE (APN: 5284-027-027). WHEREAS, on February 3, 2009, Ton Sanh Nguyen submitted a Tentative Tract Map application to consolidate five parcels into one parcel located at 7968 Garvey Avenue; and WHEREAS, this property is located at 7968 Garvey Avenue and is located in the C-3 (Medium Commercial) zone; and WHEREAS, Sections 66473.5 and 66474 of the California Government Code (Map Act) and 16.08.130 of the Rosemead Municipal Code specify the following criteria by which a subdivision map may be granted: • The map will not be materially detrimental to the public welfare nor injurious to the property or improvements in the immediate vicinity • The proposed division will not be contrary to any official plan • Each proposed parcel conforms in area and dimension according to the provisions of City Codes and subdivision Map Act requirements • All streets, alleys, and driveways proposed to serve the property have been dedicated and that such streets, alleys and driveways are of sufficient design to provide adequate access and circulation for vehicular and pedestrian traffic • Easements and covenants required for the Tentative Tract Map have been dully executed and recorded; and WHEREAS, Sections 66451 et. seq. of the California Government Code (Subdivision Map Act) and Section 16.08.130 of the Rosemead Municipal Code authorize the Planning Commission to approve, conditionally approve or deny tentative subdivision maps; and WHEREAS, thirty seven (37) notices were sent to property owners within a 300- foot radius from the subject property, in addition to notices being posted in public locations, and the posting of an on-site public notice specifying the availability of the application, plus the date, time and location of the public hearing for Tentative Tract Map 071087; and Planning Commission Meeting April 20, 2009 Page 7 of 13 WHEREAS, on April 20, 2009, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Tentative Tract Map 071087; and WHEREAS, the Rosemead Planning Commission has sufficiently considered all testimony presented to them in order to make the following determination. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Rosemead as follows: SECTION 1. The Planning Commission HEREBY DETERMINES that Tentative Tract Map 071087 is Categorically Exempt under Section 15303(c) of the California Environmental Quality Act (CEQA) and local environmental guidelines where the project consists of reversion to acreage in accordance with the Subdivision Map Act. Accordingly, Tentative Tract Map 071087 is classified as a Class 5 Categorical Exemption pursuant to Section 15305(c) of CEQA and therefore exempt from CEQA. SECTION 2. The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify APPROVAL of Tentative Tract Map 071087 according to the criteria of Section 16.08.130 of the Rosemead Municipal Code as follows A. The proposed subdivision will not be materially detrimental to the public welfare nor injurious to the property or improvements in the immediate vicinity. FINDING: The proposed map to consolidate five (5) parcels into one parcel will improve the alignment of the subject property lines, bring the site into compliance with the Uniform Building Code, and prevent parcels within the development from being sold separately without adequate parking and access facilities in the future. The proposed map is designed within the parameters of the Subdivision Map Act and the Rosemead Municipal Code. The map will not be detrimental to public welfare or injurious to the property improvements. The map will eliminate a non-physical development constraint and allow for the existing structures onsite to be renovated according to the previously approved Conditional Use Permit 07-1107. B. The proposed division will not be contrary to any official plan. FINDING: The subject site is designated C-3 (Medium Commercial) on the Zoning Map and Mixed Use: Residential/Commercial (30-45du/acre) in the General Plan. The proposed Tentative Tract Map was filed with the City of Rosemead to comply with a condition of approval for Conditional Use Permit 07-1107 that approved the development of a mini-mall consisting of a 2,000 square-foot restaurant and a 2,900 square-foot retail establishment as well as fagade and site improvements. Planning Division staff and the City Engineer have checked the tentative map for accuracy and have verified that the application is not contrary to any adopted policy or plans. Planning Commission Meeting April 20, 2009 Page 8 of 13 C. Each proposed parcel conforms in area and dimension according to the provisions of City Codes and Subdivision Map Act requirements. FINDING: The proposed Tentative Tract Map 071087 will consolidate five (5) parcels into one (1) parcel. The new parcel will total approximately 34,505 square-feet (0.79 acres). The proposed parcel conforms with City Codes and Subdivision Map Act requirements. There is adequate ingress and egress available on the subject parcel. D. All streets, alleys, and driveways proposed to serve the property have been dedicated and that such streets, alleys and driveways are of sufficient design to provide adequate access and circulation for vehicular and pedestrian traffic. FINDING: The City Engineer has reviewed this proposed lot consolidation relative to the adjacent right-of-way. The access to the proposed parcel is via Garvey Avenue to the north and Kelburn Avenue to the east, which are fully improved streets. No additional streets, alleys or driveways are proposed with this tentative map. The proposed development on the site, which was approved by the Planning Commission under Conditional Use Permit 07-1107 on December 3, 2007, would preserve the public safety and provide adequate access and circulation for vehicular and pedestrian traffic. All necessary public improvements will be inspected and approved by applicable agencies prior to the issuance of a certificate of occupancy. Any improvements to be constructed within right-of-way will be reviewed and permitted by the City Engineer who shall ensure guarantee of public safety prior to issuance of applicable permits. E. Easements and covenants required for the approval of the Tentative Tract Map have been duly executed and recorded. FINDING: Prior to recordation of the Final Map, and where applicable, the applicant shall dedicate necessary easements to be executed as required by the City Engineer and such dedicated easements shall be recorded with the Final Map. SECTION 3. The Planning Commission HEREBY APPROVES Tentative Tract Map 071087 to allow consolidation of five (5) parcels into one (1) parcel subject to conditions of approval listed in Exhibit "B" attached hereto and incorporated herein by reference. SECTION 4. This resolution is the result of an action taken by the Planning Commission on April 20, 2009, by the following vote: YES: NO: ABSENT: ABSTAIN: Planning Commission Meeting April 20, 2009 Page 9 of 13 SECTION S. The secretary shall certify to the adoption of this resolution and shall transmit copies of same to the applicant and the Rosemead City Clerk. PASSED, APPROVED and ADOPTED this 20th day of April, 2009. Daniel Lopez, Chairman CERTIFICATION I hereby certify that the foregoing is a true copy of a Commission of the City of Rosemead at its regular April, 2009, by the following vote: YES: NO: ABSENT: ABSTAIN: resolution adopted by the Planning meeting, held on the 20th day of Sheri Bermejo, Secretary Planning Commission Meeting April 20, 2009 Page 10 of 13 EXHIBIT "B" TENTATIVE TRACT MAP 071087 LOCATED AT 7968 GARVEY AVENUE. CONDITIONS OF APPROVAL April 20, 2009 Tentative Tract Map 071087 is approved to consolidate five (5) existing parcels into one (1) parcel to be developed in accordance with Tentative Tract Map marked Exhibit "C" dated April 9, 2009. Any revisions to the approved plans must be resubmitted for review and approval by the Planning Division and the City Engineer. 2. Approval of Tentative Tract Map 071087 shall not take effect for any purpose until the applicant has filed with the City of Rosemead an affidavit stating that they are aware of and accept all conditions of approval as set forth in the letter of project approval and this list of conditions. 3. Tentative Tract Map 071087 is approved for a period of two years. The applicant shall make progress towards initiation of proposed use or request an extension 30 days prior to expiration from the Planning Commission. Otherwise, Tentative Tract Map 071087 shall become null and void. 4. All applicable conditions of approval for Conditional Use Permit 07-1107 shall remain in effect and shall apply to Tentative Tract Map 071087. 5. The applicant shall comply with all Federal, State and local laws relative to the approved use including the requirements of the Planning, Building, Fire, Sheriff and Health Departments. 6. Prior to the issuance of building permits, all applicable fees payable under State Law shall be paid. 7. The numbers of the address signs shall be at least 6" tall with a minimum character width of 1/4", contrasting in color and easily visible at driver's level from the street. The location, color and size of such sign shall be subject to the approval of the Planning Director. Occupancy will not be granted until all improvements required by this approval have been completed, inspected, and approved by the appropriate department(s). 9. The Applicant shall obtain a public works permit for all work in or adjacent to the public right of way. Planning Commission Meeting April 20, 2009 Page 11 of 13 10.There shall be no outside storage of vehicles, vehicle parts, equipments, debris or travel trailers. All trash and debris shall be contained within City approved trash enclosures. All trash, rubbish and garbage receptacles shall be regularly cleaned, inspected and maintained in a clean, safe and sanitary condition. All trash receptacles shall include self-closing and self latching doors and shall remain closed at all times. 11. The on-site public hearing notice posting shall be removed within 30 days from the end of the 10-day appeal period of Tentative Tract Map 071087. 12. The site shall be maintained in a clean, weed and litter free state in accordance with Sections 8.32.010-8.32.040 of the Rosemead Municipal Code, which pertains to the storage, accumulation, collection, and disposal of garbage, rubbish, trash, and debris. 13. The site shall be maintained in a graffiti-free state. It shall be the responsibility of the subject property owner to remove any new graffiti within twenty-four (24) hours. The City's 24-hour Graffiti Hotline can be called at (626) 569-2345 for assistance. 14.The parking area, including handicapped spaces, shall be paved and re-painted periodically per City standards to the satisfaction of the Planning Division. In accordance with Chapter 17.84 of the Rosemead Municipal Code, all designated parking stalls shall be double striped and have wheel stops. Such striping shall be maintained in a clear, visible, and orderly manner. 15. The applicant shall maintain a minimum clearance of five (5) feet (free of any debris, storage, furniture, etc.) from any electrical/mechanical equipment and/or emergency exits. 16.All open areas not covered by concrete, asphalt, or structures shall be landscaped and maintained on a regular basis. 17. The landscaped areas shall be maintained with adequate landscaping on a regular basis, including the removal of trash and litter, the replanting of dead or missing shrubs and plants as well as the periodic pruning of dead limbs and branches as necessary. Plants and trees shall be watered with an automatic controlled drip irrigation system and moisture censors. 18. Driveways and parking areas shall be maintained in good serviceable condition. 19. All roof top appurtenances and accessory equipments shall adequately be screened by landscaping or screening walls from public view so as not to be visible from adjacent properties. There shall be no mechanical equipments attached to the sides of the building. Planning Commission Meeting April 20, 2009 Page 12 of 13 20.The Planning Commission hereby authorizes the Planning Division to make and/or approve minor modifications to the approved plans. 21. Tentative Tract Map 071087 is granted or approved with the City and its Planning Commission and City Council retaining and reserving the right and jurisdiction to review and to modify the permit-including the conditions of approval based on changed circumstances. Changed circumstances include, but are not limited to, the modification of the use, a change in scope, emphasis, size, or nature of the use, or the expansion, alteration, reconfiguration, or change of use. This reservation of right to review is in addition to, and not in lieu of, the right of the city, its Planning Commission, and City Council to review and revoke or modify any permit granted or approved under the Rosemead Municipal Code for any violations of the conditions imposed on this Tentative Tract Map. 22. The applicant shall defend, indemnify, and hold harmless the City of Rosemead or its agents, officers, and employees from any claim, action, or proceeding against the City of Rosemead or its agents, officers, or employees to attack, set side, void, or annul, an approval of the Planning Commission and/or City Council concerning the project, which action is brought within the time period provided by law. 23. Violations of the conditions of approval may result in citation and/or initiation of revocation proceedings. CITY ENGINEER'S RECOMMENDED CONDITIONS OF APPROVAL GENERAL 24. Details shown on the Tentative Tract Map are not necessarily approved. Any details which are inconsistent with requirements of ordinances, general conditions of approval, or City Engineer's policies must be specifically approved in the final map or improvement plan approvals. 25.A Final Tract Map prepared by, or under the direction of a Registered Civil Engineer authorized to practice land surveying, or a Licensed Land Surveyor, must be processed through the City Engineer's office prior to being filed with the County Recorder. 26.A preliminary subdivision guarantee is required showing all fee interest holders and encumbrances. An updated title report shall be provided before the Final Tract map is released for filing with the County Recorder. 27. Monumentation of tract map boundaries, street centerline and lot boundaries is required for a map based on a field survey. 28. Final Tract Map shall be filed with the County Recorder and one (1) mylar copy of filed map shall be submitted to the City Engineer's office. Prior to the release of Planning Commission Meeting April 20, 2009 Page 13 of 13 the final map by the City, a refundable deposit in the amount of $1,000 shall be submitted by the developer to the City, which will be refunded upon receipt of the mylar copy of the filed map. 29. The Tract Map shall comply with all requirements of the Subdivision Map Act. 30.Approval for filing of this land division is contingent upon approval of plans and specifications mentioned below. If the improvements are not installed prior to the filing of this division, the developer must submit an Undertaking Agreement and a Faithful Performance and Labor and Materials Bond in the amount estimated by the City Engineer guaranteeing the installation of the improvements. 31. The City reserves the right to impose any new plan check and/or permit fees approved by City Council subsequent to tentative approval of this map. DRAINAGE AND GRADING 32. Prior to the recordation of the final map, grading and drainage plans must be approved to provide for contributory drainage from adjoining properties a: approved by the City Engineer, including dedication of the necessary easements. 33.A grading and drainage plan must provide for each lot having an independent drainage system to the public street, to a public drainage facility, or by means of an approved drainage easement. 34. Historical or existing storm water flow from adjacent lots must be received and directed by gravity to the street, a public drainage facility, or an approved drainage easement. 35. Developer must comply with the City's storm water ordinance. ROAD 36.Any new drive approaches shall be constructed at least 3' from any aboveground obstructions in the public right-of-way to the top of "x" or the obstruction shall be relocated. Drive approaches shall be at least 10' wide. WATER AND UTILITIES 37. New power, telephone and cable television service shall be placed underground. 38.Any utilities that are in conflict with the development shall be relocated at the developer's expense. 39. Prior to the filing of the final map, there shall also be filed with the City Engineer, a statement from the water purveyor indicating subdivider compliance with the Fire Chiefs fire flow requirements. i~ N w c~ I L ~o F.M. /oBB2 a J rn GARVEY AVE. o N A J A Y ` ~.J 111]]] 4 N ~ r -a y o p so U rn N Q J rn 0 Z ~D m N j< -4 m D _ 03 m v Z IG) :c w p - U' -4 (3) Co IN N ID -i n 0 c z s 11 N 4 r u 0 ~ o O aw rm- s m 9 F T 14 o- oN 1 W 1~ w C as o b w Q ~ Z 49.77 so SO • /69, 7 7 W A ~ ~ w O a N is tN ~ a ° ~ 4 /4S.B9 W O /45.96 0 O th v N W O D V a A /4592 u' O O W O /4.r.B8 Q O e~ _ O 40 kA /4551 A o A O a o 145.7P A O b O a N /45.74 A O ~ O ~ N /45. 7G A O A O a a cn W D ~sbs < A A r~ o s m o b ~ qo ~ 8kg NOO V~ k8o~w R kk 0UC