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PC - Item 3A - Tentative Parcel Map 73751 at 3500 - 3684 Rosemead BoulevardROSEMEAD PLANNING COMMISSION STAFF REPORT TO: THE HONORABLE CHAIR AND PLANNING COMMISSION FROM: PLANNING DIVISION DATE: OCTOBER 17, 2016 SUBJECT: TENTATIVE PARCEL MAP 73751 3500 -3684 ROSEMEAD BOULEVARD Summary For property tax purposes, Beacon Prope Place, LLC) has submitted a tentative parcel parcels from three (3) existing parcels, whicl parcels are critical to the shopping center's , ty Management (representing Rosemead map application to create five (5) new legal i have been tied as one (1) parcel. The tax financial viability as they provide the basis under various leases for the proper allocation of the property tax bills, which are primarily reimbursed by the tenants under the terms of their triple net leases. The subject site is currently located at 3506 -3684 Rosemead Boulevard, in a C -3 /D -O (Medium Commercial with a Design Overlay) zone. Environmental Determination Section 15061(B)(3) of the California Environmental Quality Act (CEQA) guidelines exempt projects if the activity is covered by the general rule that CEQA applies only with projects, which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have significant effect on the environment, the activity is not the subject to CEQA. Accordingly, Tentative Parcel Map 73751 is exempt from CEQA, pursuant to Section 15061 (13)(3) of the CEQA guidelines. Staff Recommendation It is recommended that the Planning Commission ADOPT Resolution No. 16 -18 with findings (Exhibit "A "), and APPROVE Tentative Parcel Map 73751, subject to the 31 conditions outlined in Attachment "A" attached hereto. Property History and Description The subject site is identified as the Rosemead Place Shopping Center, on the southeast corner of Rosemead Boulevard and Marshall Street. According to the Los Angeles County Assessor's records, the site consists of several parcels totaling approximately twenty -six (26) acres. Planning Commission Meeting October 17, 2016 Page 2 of 15 According to the Building and Safety Division records, the property is currently developed with nine (9) commercial buildings occupied variously by single or multiple tenants, which include restaurants, offices, retail stores, a bank, a UPS store, and a health club. According to Planning Division records, several entitlements for design reviews, zone variances, zone changes, and conditional use permits have been processed since 1965. Site & Surrounding Land Uses The project site is designated in the General Plan as Commercial and on the zoning map it is designated C -3 /D -O (Medium Commercial with a Design Overlay) zone. The site is surrounded by the following land uses: North: General Plan: Low Density Residential Zoning: R -1 (Single - Family Residential) Land Use: Residential South: General Plan: San Bernardino (1 -10) Freeway Zoning: San Bernardino (1 -10) Freeway Land Use: San Bernardino (1 -10) Freeway Planning Commission Meeting October 17, 2016 Page 3 of 15 East: General Plan: Low Density Residential Zoning: R -1 (Single - Family Residential) Land Use: Landscaping and Residential West: General Plan: Commercial Zoning: C -3 /D -o (Medium Commercial with a Design Overlay) and P -D (Planned Development) Land Use: Commercial Administrative Analysis In 2012, the Planning Commission approved two projects at the Rosemead Place Shopping Center, one involving the facade renovation of TGI Friday's Restaurant and the second consisting of the construction of a new commercial building (The Habit Burger Grill, Wingstop, Jersey Mike's Subs, and Chipotle). Through this process, it was discovered that the L- shaped building located at the northwest corner of the property was situated on two (2) parcels. As illustrated in the diagram below, the property line ran through the building creating a substandard condition MARSHALL STREFT mm -- 1 I xeru� s�aias !� � ! s I a I 1 4• p 4 e gg � fi 2 i M ! GLENRRN WAY RLENORN WAY —..-.� T SIAVCR�RE ! �— WoP 4 O Q �I RAMONA ------------ m— ® --a I RRULEVARR —_ —_ _—°_._._.._.—~_ —_ -- (INTERSTATE 10 FREEWAY) To correct the substandard condition, the property owner submitted a Lot Tie application, which tied the three (3) legal parcels as one (1) parcel. The application was approved by the Public Works Department on December 17, 2012, and was recorded at the Los Angeles County Recorder's Office. As a result of the lot tie, the Los Angeles County Assessor's Office picked up the lot tie when it was recorded and collapsed the property tax parcels into a single property tax parcel with a single bill, which inadvertently created financial complications for the property owner. For this reason, Planning Commission Meeting October 17, 2016 Page 4 of 15 the applicant is requesting to create five (5) new legal parcels from the existing three (3) legal parcels. The City Engineer and City Attorney have reviewed the applicant's request and have no objection to the creation of the five (5) new legal parcels as they are being created for financial reasons and the shopping center is at its maximum potential build -out. Since the shopping center is controlled by Covenants, Conditions, and Restrictions (CC &R's), staff will require the applicant/property owner to modify the CC &R's to reflect the five (5) new legal parcels. The CC &R's cover all aspects of maintenance and shared use of the common areas, including but not limited to driveways, landscaping, lighting, parking, and trash facilities. In addition, the City Engineer has added several conditions relating to shared parking and ingress /egress easements. Development Standards Staff has verified that the five (5) new legal parcels would be in compliance with the applicable development standards of the Rosemead Zoning Code, as demonstrated in the following table: Development Required Lot 1 Lot 2 Lot 3 Lot 4 Lot 5 Feature Minimum Lot 5,000 s.f. 349,041 s.f. 11,629 s.f. 576,369 s,f, 91,123 s.f. 109,694 s.f. Area Floor Area 122,165 s.f. 4,068 s.f. 201,729 s.f. 31,893 s.f. 38,393 s.f. Floor Area Ratio 0.35:1 0.35:1 0.35:1 0.35:1 0.35:1 0.35:1 (FAR) 75' -0" 26' -0" to 21 to Height (max) 20' to 22' -6" 22' -6" 31' -0" 30' -0" 37'-8" Landscape 6 % 9% 32% 4% 10% 4% 1 parking 398,248 s.f J280 = 1,422 Parking space per 280 s.f. (1,655 parking spaces provided — surplus of 233 parking spaces) Per Rosemead Municipal Code Section 17.16.030(A)(6)(b), a total of 6% of the gross lot area shall be landscaped. Since Lots 3 and 5 do not meet this requirement, staff has added a condition of approval requiring that the landscape requirement be met prior to the recordation of the final map. Planning Commission Meeting October 17, 2016 Paoe 5 of 15 Municipal Code Requirements Sections 66473.5 and 66474 of the California Government Code (Map Act) and 16.08 of the Rosemead Municipal Code specify the criteria by which a subdivision map may be granted: A. The proposed division will not be materially detrimental to the public welfare nor injurious to the property or improvements in the immediate vicinity. No modifications are being proposed to the existing shopping center. The applicant is only proposing to create five (5) new legal parcels for tax purposes. The tax parcels are critical to the shopping center's financial viability as they provide the basis under various leases for the proper allocation of the property tax bills, which are primarily reimbursed by the tenants under the terms of their triple net leases. For this reason, the proposed division will not be materially detrimental to the public welfare nor injurious to the property or improvements in the immediate vicinity. B. The proposed division will not be contrary to any official plan adopted by the City Council; or to any official policies or standards adopted by the City Planning Commission or the City Council and on file in the office of the City Clerk at or prior to the time of filing of the application hereunder. Through this application, the applicant is only proposing to create five (5) new legal parcels for tax purposes. The City Engineer and City Attorney have reviewed the applicant's request and have no objection to the creation of the five (5) new legal parcels as they are being created for financial reasons and the shopping center is at its maximum potential build -out. In addition, the map has been checked for accuracy and has been verified that the application is not contrary to any adopted policy or plans. C. Each proposed parcel conforms in area and dimension to the provisions of zoning and subdivision requirements of the City. The five (5) new legal parcels would be in compliance with the applicable development standards of the Rosemead Zoning Code. , In addition, the City Engineer will process the final map in accordance with the Subdivision Map Act. D. All streets, alleys and driveways proposed to serve the property have been dedicated or such dedication is not required for the protection of public safety, health and welfare and that such streets, alleys and driveways are of sufficient width, design and construction to preserve the public safety and to provide adequate access and circulation for vehicular and pedestrian traffic. The City Engineer has reviewed the tentative map for its accuracy and is satisfied with the proposed parcel map request. The City Engineer's conditions of Planning Commission Meeting October 17, 2016 Paae 6 of 15 approval have been included in the Conditions of Approval and will be complied with at the time of filing the final map and at the implementation phase. E. All easements and covenants required for the approval of the tentative map or plot plan have been duly executed and recorded. Through this application, the applicant is only proposing to create five (5) new legal parcels for tax purposes. Prior to recordation of the final parcel 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 Parcel Map. Public Notice Process This item has been noticed through the regular agenda notification process, which includes a 300 -foot radius public hearing notice to eighty -one (81) property owners, publication in the Rosemead Reader on October 6, 2016, and postings of the notice at the six (6) public locations and on the subject site. Prepared by: * Lily T. Valenzuela City Planner Submitted by: Michelle Ramirez Community Development Director EXHIBITS_ A. Planning Commission Resolution 16 -18 with Attachment "A" (Conditions of Approval) B. Tentative Parcel Map 73751 C. Assessor Parcel Map (APN: 8594- 023 -046) Planning Commission Meeting October 17, 2016 Page 7 of 15 EXHIBIT "A" PC RESOLUTION 16 -18 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 73751, A- REQUEST FOR THE CREATION OF FIVE (5) NEW LEGAL PARCELS WITHIN AN EXISTING SHOPPING CENTER FOR TAX PURPOSES. THE SUBJECT SITE IS LOCATED AT 3500 -3684 ROSEMEAD BOULEVARD, IN A C -3/0 -0 (MEDIUM COMMERCIAL WITH A DESIGN OVERYLAY) ZONE (APN: 8594 - 023 -046). WHEREAS, on October 14, 2015, Beacon Property Management (representing Rosemead Place, LLC) submitted a tentative parcel map application requesting to created five (5) new legal parcels within an existing shopping center for tax purposes; and WHEREAS, 3500 -3684 Rosemead Boulevard is located in a C -3 /D -O (Medium Commercial with a Design Overlay) zone; and WHEREAS, Sections 66473.5 and 66474 of the California Government Code (Map Act) and 16.08 of the Rosemead Municipal Code specify the criteria by which a subdivision map may be granted; and WHEREAS, on October 6, 2016, eighty -one (81) property owners, publication in the Rosemead Reader, and postings of the notice at the six (6) public locations and on the subject site; and WHEREAS, on October 17, 2016, the Planning Commission held a duly noticed and advertised public hearing to receive oral and written testimony relative to Tentative Parcel Map 73751; 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 Parcel Map is categorically exempt from Section 15061(B)(3) of the California Environmental Quality Act (CEQA) guidelines. Section 15061(B)(3) of CEQA exempt projects if the activity is covered by the general rule that CEQA applies only with projects, which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in Planning Commission Meeting October 17, 2016 Page 8 of 15 question may have significant effect on the environment; the activity is not the subject to CEQA. Accordingly, Tentative Parcel Map 73751 is exempt from CEQA, pursuant to Section 15061(B)(3) of the CEQA guidelines. SECTION 2 . The Planning Commission HEREBY FINDS AND DETERMINES that facts do exist to justify approving Tentative Parcel Map 73751 according to the criteria of Section 16.08 of the Rosemead Municipal Code as follows: A. The proposed division will not be materially detrimental to the public welfare nor injurious to the property or improvements in the immediate vicinity; and FINDING: No modifications are being proposed to the existing shopping center. The applicant is only proposing to create five (5) new legal parcels for tax purposes. The tax parcels are critical to the shopping center's financial viability as they provide the basis under various leases for the proper allocation of the property tax bills, which are primarily reimbursed by the tenants under the terms of their triple net leases. For this reason, the proposed division will not be materially detrimental to the public welfare nor injurious to the property or improvements in the immediate vicinity. B. The proposed division will not be contrary to any official plan adopted by the City Council; or to any official policies or standards adopted by the City Planning Commission or the City Council and on file in the office of the City Clerk at or prior to the time of filing of the application hereunder; and FINDING: Through this application, the applicant is only proposing to create five (5) new legal parcels for tax purposes. The City Engineer and City Attorney have reviewed the applicant's request and have no objection to the creation of the five (5) new legal parcels as they are being created for financial reasons and the shopping center is at its maximum potential build -out. In addition, the map has been checked for accuracy and has been verified that the application is not contrary to any adopted policy or plans. C. Each proposed parcel conforms in area and dimension to the provisions of zoning and subdivision requirements of the City; FINDING: The five (5) new legal parcels would be in compliance with the applicable development standards of the Rosemead Zoning Code. In addition, the City Engineer will process the final map in accordance with the Subdivision Map Act. D. All streets, alleys and driveways proposed to serve the property have been dedicated or such dedication is not required for the protection of public safety, health and welfare and that such streets, alleys and driveways are of sufficient width, design and construction to preserve the public safety and to provide adequate access and circulation for vehicular and pedestrian traffic; and Planning Commission Meeting October 17, 2016 Page 9 of 15 FINDING: The City Engineer has reviewed the tentative map for its accuracy and is satisfied with the proposed parcel map request. The City Engineer's conditions of approval have been included in the Conditions of Approval and will be complied with at the time of filing the final map and at the implementation phase. E. All easements and covenants required for the approval of the tentative map or plot plan have been duly executed and recorded. FINDING: Through this application, the applicant is only proposing to create five (5) new legal parcels for tax purposes. Prior to recordation of the final parcel 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 Parcel Map. SECTION 3 . The Planning Commission HEREBY APPROVES Tentative Parcel Map 73751 for the creation of five (5) new legal parcels for tax purposes at 3500 -3684 Rosemead Boulevard, and subject to the conditions listed in Attachment "A ", attached hereto and incorporated herein by reference. SECTION 4. This action shall become final and effective ten (10) days after this decision by the Planning Commission, unless within such time a written appeal is filed with the City Clerk for consideration by the Rosemead City Council as provided in Rosemead Municipal Code, Section 17.160.040 Appeals of Decisions. SECTION 5. This resolution is the result of an action taken by the Planning Commission on October 17, 2016, by the following vote: AYES: NOES: ABSTAIN: ABSENT: SECTION 6. The Secretary shall certify to the adoption of this resolution and shall transmit copies of same to the applicants and the Rosemead City Clerk. PASSED, APPROVED, and ADOPTED this 17th day of October, 2016. Daniel Lopez, Chair Planning Commission Meeting October 17, 2016 Pace 10 of 15 CERTIFICATION I hereby certify that the foregoing is a true copy of a resolution adopted by the Planning Commission of the City of Rosemead at its regular meeting, held on the 17th day of October, 2016, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Michelle Ramirez, Secretary APPROVED AS TO FORM: Gregory M. Murphy, Planning Commission Attorney Burke, Williams & Sorensen, LLP Planning Commission Meeting October 17, 2016 Page 11 of 15 ATTACHMENT "A" TENTATIVE PARCEL MAP 73751 3500 -3684 ROSEMEAD BOULEVARD (APN: 8594- 023 -046) CONDITIONS OF APPROVAL OCTOBER 17, 2016 Standard Conditions of ADDrovals 1. Tentative Parcel Map 73751 ( "Project') is approved for the creation of five (5) new legal parcels for tax purposes, located at 3500 -3684 Rosemead Boulevard, in accordance with the tentative parcel map marked Exhibit "B ", dated September 26, 2016. Any revisions to the approved plans must be resubmitted for Planning Division review and, if satisfactory, approval. 2. The following conditions must be complied to the satisfaction of the Planning Division prior to final approval of the associated plans, building permits, occupancy permits, or any other appropriate request. 3. The conditions listed on this exhibit shall be copied directly onto any development plans subsequently submitted to the Planning and Building Divisions. 4. Approval of Project shall not take effect for any purpose until the applicant(s) have filed with the City of Rosemead ( "City ") a notarized affidavit stating that he /she is aware of and accepts all of the conditions of approval as set forth in the letter of approval and this list of conditions within ten (10) days from the Planning Commission approval date. 5. The on -site public hearing notice posting shall be removed by the end of the 10 -day appeal period of Project. 6. Project is approved for a period of two (2) years. The applicant(s) shall commence the approved project or request an extension within 30 calendar days prior to expiration. The two (2) year initial approval period shall be effective from the Planning Commission approval date. For the purpose of this petition, project commencement shall be defined as beginning the permitting process with the Planning and Building Divisions, so long as the project is not abandoned. If Project has been unused, abandoned, or discontinued for a period of two (2) years, it shall become null and void. 7. The Planning Commission hereby authorizes the Planning Division to make and /or approve minor modifications to the project and to these conditions of approval. Planning Commission Meeting October 17, 2016 Page 12 of 15 8. Project 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 Project. 9. The applicant(s) 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. 10. The applicant(s) 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. 11. The parking area, including handicapped spaces, shall be paved and re- painted periodically to City standards to the satisfaction of the Planning Division. In accordance with the Rosemead Municipal Code, all designated parking stalls shall be double striped. Such striping shall be maintained in a clear, visible, and orderly manner to the satisfaction of the Planning Division. 12. The site shall be maintained in a graffiti -free state. Any graffiti shall be removed within twenty -four (24) hours. Proiect Specific Conditions of Approval 13. Prior to the final recordation of the map, all parking lot areas that are not currently maintained shall be patched, re- slurry seal, and re- striped. In addition, all landscaped areas shall be rehabilitated to the satisfaction of the Planning Division. 14. Prior to the final recordation of the map, Lots 3 and 5 shall incorporate additional landscaping to meet the 6% landscape requirement. Prior to installation, all new landscaping shall be reviewed and approved by the Planning Division. 15. The shopping center's Covenants, Conditions, and Restrictions (CC &R's) shall be revised to reflect the five (5) new legal parcels. Planning Commission Meeting October 17, 2016 Page 13 of 15 Engineering Division Conditions of Approval General 16. Indicate easements No. 9, 15, 16, 18, 20, 21, 22, 25, 27, 30 & 32 on the plans. 17. Provide a copy of title report & underlying documents. 18. An irrevocable shared parking agreement shall be recorded. 19. An irrevocable ingress /egress easement should be shown and recorded to insure that parcels are not landlocked. 20. The final parcel map shall be based on a field survey, and monuments shall be set to permanently mark parcel map boundaries, street center lines and lot boundaries to the satisfaction of the City Engineer. The basis of bearing used for the field survey required for the final map shall include two survey well monuments found or set. The City Engineer may waive this requirement upon petition should this be impractical. Well monuments shall be set in accordance with standard plan No. S08 -001, if required. 21. Final parcel 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 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. 22. Comply with all requirements of the Subdivision Map Act. 23. Approval for filling 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. 24. 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. 25. A recorded document should be executed to prohibit the sale of each lot separately. 26. To provide fire protection for the proposed development, the project shall be approved by the Los Angeles County Fire Department for approval. Planning Commission Meeting October 17, 2016 Page 14 of 15 Los Angeles County Fire Department Conditions of Approval 27. Access as noted on the Tentative and the Exhibit Maps shall comply with Title 21 (County of Los Angeles Subdivision Code) and Section 503 of the Title 32 (County of Los Angeles Fire Code), which requires an all- weather access surface to be clear to sky. 28. A copy of the Final Map shall be submitted to the Fire Department for review and approval prior to recordation. 29. The driveways required for fire apparatus access shall be indicated on the Final Map as "Private Driveway and Fire lane" with the widths clearly depicted. 30. A reciprocal access agreement is required for the all private driveway since multiple lots and units are sharing the same access. Submit documentation to the Fire Department for review prior to Final Map clearance. 31. Plans shall be submitted to Fire Prevention Engineering if any changes with the existing configuration. Planning Commission Meeting October 17, 2016 Paqe 15 of 15 EXHIBIT "C"