Agenda #: 5.8
Meeting Date: November 15, 2022
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: APPROVAL OF FINAL PARCEL MAP 82066 AND SUBDIVISION AGREEMENT TO SUBDIVIDE A 5.73-ACRE SITE INTO FOUR (4) FEE
SIMPLE COMMERCIAL PARCELS OVERLAYED WITH AN AIRSPACE
SUBDIVISION OF 34 CONDOMINIUM UNITS IN A THREE-STORY
OFFICE BUILDING LOCATED ON THE EAST SIDE OF BREA
CANYON ROAD BETWEEN LYCOMING STREET AND THE SR-60
FREEWAY, KNOWN AS THE BREA CANYON BUSINESS PARK
(LYCOMING, LLC)
STRATEGIC
GOAL: Open, Engaged & Responsive Government
RECOMMENDATION:
A. Determine that approval of the proposed Final Parcel Map is ministerial and thus is exempt from the California Environmental Quality Act pursuant to Title 14, California Code of Regulations, Section 15268(b)(3);
B. Adopt Resolution No. 2022-57 approving Final Parcel Map 82066; and C. Approve, and authorize the Mayor to execute the Subdivision Agreement.
FINANCIAL IMPACT:
No financial impact. Pursuant to the conditions of approval and proposed Subdivision Agreement, the applicant will be responsible for the construction of all on-site and offsite improvements necessary to serve the development.
BACKGROUND:
Final Parcel Map 82066 subdivides 5.73 acres into four (4) commercial lots as part of the Brea Canyon Business Park Project (Project) that proposes to build a new commercial development consisting of a 124-room/four-story hotel; a 47,642 squarefoot, three-story office building with an associated airspace subdivision to create 34
office condominiums; and a 6,500 square-foot multi-tenant retail building with drivethrough accommodations on a 5.73-acre vacant parcel located on the east side of Brea Canyon Road between Lycoming Street and the SR-60 freeway. The property previously operated as a recreational vehicle and boat storage facility.
On October 30, 2019, the City’s Planning Commission conducted a duly noticed public hearing to consider Tentative Parcel Map 82066 (Tentative Map), at which time the Planning Commission adopted Resolution No. 2019-15, recommending that the City Council ("City Council") approve the Tentative Map.
On November 19, 2019, the City Council conducted a duly noticed public hearing on the Tentative Map and upon conclusion of said public hearing adopted Resolution No. 2019-42 approving the Tentative Map.
On April 12, 2022, the Planning Commission conducted a duly noticed public hearing to consider an amendment to the Tentative Map, at which time the Planning Commission adopted Resolution No. 2022-04, approving the amended Tentative Map.
To date, various permits have been issued for grading and building improvements at the site. The conditions of approval require that certain improvements be constructed at various stages of the Project processing such as prior to Final Parcel Map (Map) approval, prior to permit issuance, and prior to certificate of occupancy issuance.
DISCUSSION:
The approval of Final Parcel Map 82066 (Map) is a ministerial decision by the City Council, meaning the Map shall be approved if it conforms to (1) the Subdivision Map Act, (2) all provisions of Title 21: "Subdivisions", of the City’s Municipal Code that were applicable at the time the Tentative Map was approved, and (3) is in substantial compliance with the approved Tentative Map. Staff has deemed these prerequisite conditions for the Map approval to have been met. The ministerial approval a final subdivision map is also considered exempt from the California Environmental Quality Act pursuant to section 15268(b)(3) of the CEQA Guidelines.
As a condition of the Map approval, onsite underground utility services shall be provided to each parcel (water, gas, electric power, telephone and cable TV). A second condition of the Map approval requires a Subdivision Agreement to be executed guaranteeing completion of all public and private improvements. Given that the construction of some of the utility improvements has not been completed and accepted by the City at this time and a Subdivision Agreement is required by the conditions of approval, Lycoming, LLC is prepared to enter into an agreement with the City to ensure the completion of these improvements to satisfy the conditions of approval. Additionally, Lycoming, LLC has offered surety bonds as listed in the attached Subdivision Agreement (Attachment 2) to secure the performance of such improvements in accordance with the Subdivision Map Act and Planning Commission Resolution No. 2022-04.
The Map (Attachment 3) has been reviewed by the appropriate agencies and City departments. It has been found to be technically correct, conforms substantially to the approved Tentative Map, and meets the requirements of the conditions of approval. The City Engineer recommends that the City Council approve Final Parcel Map 82066.
LEGAL REVIEW:
The City Attorney has reviewed and approved the Subdivision Agreement and Resolution as to form.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 5.8.a Resolution No. 2022-57
2. 5.8.b Subdivision Agreement
3. 5.8.c Final Parcel Map No. 82066