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File #: 22-1053    Version: 1 Name:
Type: Public Hearing Status: Public Hearing
File created: 5/10/2022 In control: PLANNING COMMISSION
On agenda: 5/25/2022 Final action: 5/25/2022
Title: PC - PUBLIC HEARING: Tentative Parcel Map No. 83616 to Subdivide 4164 and 4170 Lincoln Avenue to Construct a Two-Unit Residential Condominium on Each Parcel.
Attachments: 1. 2022-05-25_ATT NO 1_Proposed PC Resolution No. 2022-P007 and Exhibit A Conditions of Approval and Exhibit B Code Requirements (4164 Lincoln).pdf, 2. 2022-05-25_ATT NO 2_Proposed PC Resolution No. 2022-P008 and Exhibit A Conditions of Approval and Exhibit B Code Requirements (4170 Lincoln).pdf, 3. 2022-05-25_ATT NO 3_Vicnity Map.pdf, 4. 2022-05-25_ATT NO 4_Project Summary.pdf, 5. 2022-05-25_ATT NO 5_Tentative Parcel Map 83616.pdf, 6. 2022-05-25_ATT NO 6_Preliminary Architectural Plans.pdf
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PC - PUBLIC HEARING: Tentative Parcel Map No. 83616 to Subdivide 4164 and 4170 Lincoln Avenue to Construct a Two-Unit Residential Condominium on Each Parcel.

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Meeting Date: May 25, 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 (5/19/22); (Posted) City Website (5/5/22); (Mailed) Property owners and occupants within a 500-foot radius of the site (5/4/22); (Sign Posted) on Project Site (5/4/22)

Department Approval: Sol Blumenfeld, Community Development Director (05/11/2022)
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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, finding that there are no potentially significant adverse impacts on the environment, 2) Approve Tentative Parcel Map No. 83616, P2021-0291-TPM, subject to the Conditions of Approval as stated in Resolution No. 2022-P007 (4164 Lincoln Avenue), and 3) Approve Tentative Parcel Map No. 83616, P2021-0292-TPM, subject to the Conditions of Approval as stated in Resolution No. 2022-P008 (4170 Lincoln Avenue).

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 both projects.

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 each project.




BACKGROUND

Request
On November 17, 2021, Caswell Homes, LLC (the "Applicant") simultaneously submitted two applications for a Tentative Parcel Map entitlement to allow the subdivision of two condominium units located on each of the adjacent properties of 4164 Lincoln Avenue and 4170 Lincoln Avenue (the "Project Sites"), in the Two Family Residential (R2) Zone.
Existing Conditions
The Project Sites are adjacent to one another (side by side) on Lincoln Avenue between Braddock Drive and Farragut Drive, as shown on the Vicinity Map (Attachment No. 3). The sites are flat in topography and rectangular in shape and each has dimensions of 50 feet in width and 135 feet in depth for a total lot area of 6,750 square feet. 4164 Lincoln Avenue is currently developed with a duplex while 4170 Lincoln Avenue is currently developed with a triplex.
Surrounding Area/General Plan/Zoning
The surrounding neighborhood is a mix of low-density single family, duplex, and triplex uses and includes several higher density multi-family apartment and condominiums. 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
North
R2
Triplex
East
RMD
Triplex
South
R2
Duplex with ADU
West
R2
Triplex and Duplex

Project Description

The Projects are a two-unit condominium subdivision for each of the adjacent properties located at 4164 Lincoln Avenue and 4170 Lincoln Avenue. The property at 4170 Lincoln Avenue also includes an Accessory Dwelling Unit (ADU) within one of the condominium airspaces to comply with State Law that prohibits net loss of residential units as part of any construction project. The accessory dwelling unit is proposed at a similar size to the existing legal third to satisfy the requirement of replacement housing being comparable to the existing housing.

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, CCMC Chapter 15.10 requires Planning Commission approval of any subdivision for condominium purposes. The Planning Commission only acts on the subdivision for condominium purposes as the two units alone are permitted by-right. ADUs do not count towards density per State Law, therefore, the project is still permitted by-right as a two-unit project. The ADU will be included within the airspace of its adjacent condominium unit and will be prohibited from being sold separately. At Council direction, staff is currently working on a text amendment to be considered in early summer that would streamline subdivision projects as a ministerial approval.

Design
The proposed project was reviewed against Block E of the Gateway Design Guidelines. The buildings have a contemporary design with the two structures mirroring each other. As summarized in Table 2 below, the project is consistent with Block E typologies.
Table 2: Gateway Design Guideline Typologies
Standard
Prevailing
Proposed Project
Lot Coverage
41-60%
49%
Front Yard Setback
25 ft.
25 ft 9 1/2 in.
Height
1 story / 18 ft.
2 story / 24 ft. 8 in.
Each structure is two stories with at-grade parking in attached enclosed garages. The garages are located 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 main structure. The maximum height of each structure is 24 feet 8 inches in height, below the Code permitted 30 feet. The street facing units have a second-floor front yard balcony measuring 3 feet 6 inches in depth that reduces the bulk and mass long the street, emulating one story design. The interior side yard setbacks are 5 feet 6 inches, which exceed the minimum 4 feet required by the CCMC that reduce bulk and mass facing neighboring properties. The varying use of fa?ade materials and fa?ade configurations create variation in the building fa?ade. The Project development program for each property is summarized in Tables 3 and 4 and provided in detail in Attachment 4.
Table 3: Development Program 4164 Lincoln

Unit 1
Unit 2
Size (sq. ft.)
2,086
2,110
Bedrooms|101010|Bath
3.5
3.5

Table 4: Development Program 4170 Lincoln

Unit 1
Unit 2
ADU
Size (sq. ft.)
2,086
2,095
465
Bedrooms|10101010|Bath
3.5
3.5|1010|
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 conditions of approval for both projects will require drought tolerant landscaping or xeriscape for all landscaped areas. The two units fronting on Lincoln Avenue have sizeable front yards with proposed landscaping while the two rear units have turf and pavement areas within the rear yard setback. Sweet Bay trees are proposed along the side and rear property lines to provide privacy screening for neighboring properties.

Parking and Circulation

Each unit has provided two automobile parking spaces within attached enclosed garages in conformance with zoning requirements. The ADU does not require its own parking per CCMC and State ADU Law. Guest parking is also not required due to the size of the projects. Dedicated long term bicycle parking is proposed in each garage while each property will have an inverted-u bike rack in the front yard for two short term bike parking spaces per property.


ANALYSIS/DISCUSSION:

The R2 Zone allows each legal property within the zone to be developed by-right with a maximum of two dwelling units. The Applicant proposes to build two for-sale condominium units on each property. As indicated above, the ADU is proposed to ensure compliance with State Law that prohibits loss of dwelling units. In addition, CCMC and State law do not allow ADUs to be counted towards densities. 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.

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 two subject lots conform to current lot size standards and will maintain their current 6,750 square foot lot areas. Two airspace condominium parcels will be created per parcel 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. Responsible City Departments reviewed the Tentative Parcel Map (Attachment No. 5) 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 all four units across the two properties 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 Projects, 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 May 4, 2022, notices of public hearing were mailed to owners and occupants with a 500-foot radius of the project sites and signs were posted on each 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/SUMMARY

Based on the proposed tentative parcel map and recommended conditions of approval, staff considers the Projects: 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. Staff believes that findings for Tentative Parcel Map P2022-0291-TPM and P2022-0292-TPM can be made as outlined in Resolution No. 2022-P007 (Attachment No. 1) and Resolution No. 2022-P008 (Attachment No. 2).


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 four total condominium parcels on two existing parcels of land.
* 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.


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, 2) Approve Tentative Parcel Map No. 83616, P2021-00291-TPM, subject to the Conditions of Approval as stated in Resolution No. 2022-P007 (4164 Lincoln Avenue), and 3) Approve Tentative Parcel Map No. 83616, P2021-0292-TPM, subject to the Conditions of Approval as stated in Resolution No. 2022-P008 (4170 Lincoln Avenue).


ATTACHMENTS

1. Draft Resolution No. 2022-P007 and Exhibit A Conditions of Approval and Exhibit B Code Requirements (4164 Lincoln Avenue)
2. Draft Resolution No. 2022-P008 and Exhibit A Conditions of Approval and Exhibit B Code Requirements (4170 Lincoln Avenue)
3. Vicinity Map
4. Project Summary
5. Tentative Parcel Map No. 83616
6. Preliminary Architectural Plans