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PC - PUBLIC HEARING: Consideration of a Tentative Parcel Map No. 83882 to Construct a Two-Unit Residential Condominium Development at 4168 Mildred Avenue (Project) and Determination that Project is Exempt from CEQA Pursuant to a Class 15 Categorical Exemption.
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Meeting Date: December 14, 2022
Contact Person/Dept: William Kavadas, Assistant Planner
Erika Ramirez, Current Planning Manager
Phone Number: 310-253-5706 / 310-253-5727
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No [X]
Public Hearing: [X] Action Item: [] Attachments: [X]
City Council Action Required: Yes [] No [X] Date: N/A
Public Notification:(E-Mail) Meetings and Agendas - Planning Commission (12/8/22); (Posted) City Website (11/22/22); (Mailed) Property owners and occupants within a 500-foot radius of the site (11/22/22); (Sign Posted) on Project Site (11/22/22)
Department Approval: Jesse Mays, Assistant City Manager (11/17/22)
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RECOMMENDATION
Staff recommends the Planning Commission 1) Adopt a Categorical Exemption pursuant to CEQA Section 15315, Class 15, Minor Land Divisions, and 2) Approve Tentative Parcel Map No. 83882, P2022-0136-TPM, subject to the Conditions of Approval as stated in proposed Resolution No. 2022-P023.
PROCEDURES
1. Chair calls on staff for a brief staff report and the Planning Commission poses questions to staff as desired.
2. Chair opens the public hearing and receives comments from the general public pertaining to the project.
3. Chair seeks a motion to close the public hearing after all testimony has been presented.
4. Commission discusses the matter and arrives at its decision for the project.
BACKGROUND
Request
On May 12, 2022, 4168 Mildred Avenue, LLC (the "Applicant") submitted an application for a Tentative Parcel Map to allow the subdivision of two condominium units located at 4168 Mildred Avenue (the "Project Site"), in the Two Family Residential (R2) Zone.
Existing Conditions
The Project Site is located on Mildred Avenue with Washington Boulevard to the north and Louise Avenue to the south, as shown on the Vicinity Map (Attachment No. 2). The site is flat in topography and rectangular in shape and has dimensions of 40 feet in width and 140 feet in depth for a total lot area of 5,600 square feet. The property is currently developed with a single-family home and detached garage.
Surrounding Area/General Plan/Zoning
The surrounding neighborhood is a mix of low-density single family and duplex uses. The City's General Plan Land Use Element designates the site as Low Density Two Family and the site is zoned Two-Family Residential (R2). Surrounding zoning and land use are shown in Table 1.
Table 1: Surrounding Zoning and Land Use
Location
Zoning
Land Use Designation
North
R2
Duplex
East
R1
Single Family Dwelling
South
R2
Single Family Dwelling
West
R2
Single Family Dwelling
Project Description
The Project is a two-unit condominium subdivision located at 4168 Mildred Avenue. CCMC Section 17.540.010 exempts residential development of less than three units from a Site Plan Review application and Table 2-2 of Section 17.210.015 allows single-family and duplex uses by right in the R2 Zone. However, pursuant to CCMC Chapter 15.10, the Planning Commission is the Acting Body on the proposed subdivision for condominium purposes. The two units alone are permitted by-right. At Council direction, staff has added amending the City's Municipal Code to streamline subdivision projects like these as an administrative approval to the department's work plan.
Design
The proposed Project was reviewed using the goals and policies of the Multi-Family Design Guidelines. The buildings have a contemporary design with the two structures mirroring each other. Each structure is two stories with at-grade parking in attached enclosed garages. The garages are in a parking court in the center of the property, accessed by a shared cross-property driveway, and screened from the public right-of-way by the front structure. The maximum height of each dwelling is 22 feet 4 inches with an additional 3 feet 3 inches of parapet height, all below the Code permitted 30 feet. Each unit has a second floor that is setback from the first floor of the building. The front unit has a second floor that is further setback from the northern side of the building. In both cases, the second-floor setbacks help to reduce the appearance of bulk and mass of the structure. The varying use of fa?ade materials and fa?ade configurations create variation in the building fa?ade. First floors are wrapped in lighter natural wood siding. Upper floors use grey stucco that compliments the lighter wood textures of the first floor. The use of windows helps to break up the fa?ade while ensuring that windows do not align with neighbors to the extent feasible. The building is topped with roof decks that are set in from the edge of the building on all sides to further reduce perception of bulk and mass at the top of the structure and increase neighboring privacy. The Project development program is summarized in Table 3 and provided in detail in Attachment 3.
Table 3: Development Program
Unit 1
Unit 2
Size (sq. ft.)
1,870
1,870
Bedrooms|101010|Bath
3.5
3.5
Landscaping and Open Space
The R2 zone does not have a specific landscape or open space requirement, though all non-paved area in the front, side, and rear yards must be landscaped, and the front yard setback can be no more than 25% hardscape. The Project conditions of approval require drought tolerant landscaping or xeriscape for all landscaped areas. The front unit will have a sizeable front yard with proposed landscaping while the rear unit will also have a mix of trees and shrubbery in the rear yard. Chinese Elm Trees in the rear yards will also provide privacy shielding towards the rear neighbor.
Parking and Circulation
Each unit has provided two automobile parking spaces within attached enclosed garages in conformance with zoning requirements in place when the Project was first submitted to the City. Guest parking and dedicated bike parking is also not required due to the size of the Project.
ANALYSIS/DISCUSSION:
The R2 Zone allows a legal property to be developed by-right with a maximum of two dwelling units. The Applicant proposes to build two for-sale condominium units on the property. Pursuant to Zoning Code Table 2-3 of Section 17.210.020 the minimum lot sizes for townhomes are determined through the subdivision review process.
SB 330 AND SB 8
The Housing Crisis Act of 2019, as amended by SB 8 (California Government Code Section 66300 et seq.), prohibits the approval of any proposed housing development project ("Project") on a site ("Property") that will require demolition of existing dwelling units or occupied or vacant "Protected Units" unless the Project replaces those units as specified in the law. Owner occupied residences are not "Protected Units". The Property is occupied by one single family residence that was most recently owner occupied but is now vacant pending the proposed Project approval. The City's Housing Authority certified a Protected Rental Unit Certification for Vacant Units declaring that the subject property is exempt from SB 330 and SB 8 based on current City records and applicant testimony.
TENTATIVE PARCEL MAP
CCMC Section 17.210.020 - Table 2-3, Residential Districts Development Standards (R1, R2, R3), requires a minimum lot area of 5,000 square feet or the average area of residential lots within a 500-foot radius of the proposed subdivision, whichever is greater. However, this section also states that condominium, townhome, or planned development projects may be subdivided with smaller parcel sizes for ownership purposes, with the minimum lot area determined through the subdivision review process, provided that the overall development site complies with the minimum lot size requirements of the Zoning Code. The State Subdivision Map Act and CCMC Chapter 15.10 regulates land divisions and requires the submittal of a tentative parcel map for subdivisions of land.
The subject lot is existing non-conforming in respect to its lot width, but otherwise conforms to current lot size standards and will maintain its current 5,600 square foot lot area. Two airspace condominium parcels will be created for ownership purposes.
The key objective of the tentative parcel map process is to allow the City to review the proposed subdivision to ensure all necessary improvements and requirements are provided. City staff reviewed the Tentative Parcel Map (Attachment No. 4) for the proposed subdivision and found it to follow all applicable State and local regulations as more specifically outlined in the recommended conditions of approval. The proposed condominium developments include a shared driveway to provide vehicular and pedestrian access to both units and all common area will be secured and managed through the condominium association Codes, Covenants, and Restrictions (CC&Rs).
All required subdivision findings can be made for the Project, and all required vehicular, pedestrian, and utility/drainage easements will be made a part of the final map assuring all airspace parcels have required access to the public right-of-way.
PUBLIC OUTREACH
On November 22, 2022, notices of public hearing were mailed to owners and occupants with a 500-foot radius of the project sites and a sign was posted on the property. As of the writing of this report, staff has not received any written public comments during the noticing of the Planning Commission hearing.
CONCLUSION:
Based on the proposed tentative parcel map and recommended conditions of approval, staff considers the Project: compatible with the surrounding neighborhood; adequately served by public facilities; and, consistent with the General Plan, Zoning Code, and all CCMC and State subdivision requirements. The findings for Tentative Parcel Map P2022-0136-TPM are made as outlined in proposed Resolution No. 2022-P023 (Attachment No. 1).
ENVIRONMENTAL DETERMINATION:
Pursuant to the California Environmental Quality Act (CEQA) Guidelines, initial review of the Project by staff established that there are no potentially significant adverse impacts on the environmental and the proposed Project has been determined to be a Class 15 Categorical Exemption as a "Minor Land Division" (Section 15315) project per the following review standards:
* The Project consists of the subdivision of the site into two condominium parcels.
* The Project is deemed consistent with the applicable General Plan and R2 zoning designation and regulations without any variances or exceptions to said General Plan or Zoning Code.
* The Project will be adequately served by all required utilities and public services; and will have all services and access to local standards.
* The Project does not involve a parcel from a larger subdivision within the previous two years.
* The Project will not result in a parcel with an average slope of greater than 20 percent.
Therefore, the Project is categorically exempt pursuant to the above noted CEQA section.
MOTION:
That the Planning Commission:
1) Adopt a Categorical Exemption pursuant to CEQA Section 15315, Class 15, Minor Land Divisions, finding that there are no potentially significant adverse impacts on the environment and 2) Approve Tentative Parcel Map No. 83882, P2022-0136-TPM, subject to the Conditions of Approval as stated in Resolution No. 2022-P023.
ATTACHMENTS:
1. Proposed Resolution No. 2022-P023 and Exhibit A Conditions of Approval and Exhibit B Code Requirements
2. Vicinity Map
3. Project Summary
4. Tentative Parcel Map No. 83882
5. Preliminary Architectural Plans