HomeMy WebLinkAboutPlanning Commission 2015-08-25 #2s - � CITY dF
POR
Meeting Date: August 25, 2015
Agenda Item:
Community Development Department-- Planning Division Case Numbers: TS15-002
P. O. Box 151560, San Rafael, CA 94915-1560
PHONE: (415) 485-30851FAX: (415) 485-3184 Project Planner: Lorraine Weiss (415) 987-3057
REPORT TO PLANNING COMMISSION
SUBJECT: 1201 Andersen Drive (1202 Andersen Drive Condominium) — Request for Tentative
Map to allow division of condominium unit #1 (one unit with different airspace heights)
into two separate units #1A and #1 B for the purpose of individual separate ownership.
Existing unit #1 is 3,800 square feet. Total building square footage on site is 31,300
square feet_; APN: 018-220-01; LIIO Light Industrial/Office District: Bradford Gadow,
owner; L. E. Oberkamper, applicant; Pile No(s).: TS15-002
.. .. ....
'EXECUTIVE SUMMARY..
The project requests the division of an existing office condominium, Unit #1 unit into two units, #1 a and
#1 B. The project requires a Tentative Map for the condominium division.
The project proposes no physical improvements. There are no issues with the project. The project as
proposed and with the recommended conditions of approval, is consistent with the applicable standards,
ordinances, and policies.
RECOMMENDATION
It is recommended that the Planning Commission adopt a resolution approving the proposed Tentative
Map.
PROPERTI( FACTS
Address/Location: 11201 Andersen Drive Parcel Number(s): 018-220-01
Property Size:
Approximately 78,330 square
feet/ 1.75(gross) acres
Neighborhood: Canal
Site Characteristics
General Plan Designation Zoning Designation Existing Land -Use
Project Site:
Light Industry/Office
LIIO Light
Industrial/Office
Light IndustriallOffice
Single family residence
North:
Right-of-way
Right-of-way
State Highway 580
South:
Public/Quasi-Public
PIQP Public/Quasi-
Public
Utility :Electric power
distribution
East:
Light Industry/Office
LI/O Light
Industrial/Office
Commercial
West:
Light Industry/Office
LIIO Light
Industrial/Office
Commercial
REPORT TO PLANNING COMMISSION - Case No's: TS15-002 Page 2
Site Description/Setting:
The project site is a flat developed approximately 76,330 square foot/ 1.75 acre parcel containing one
31,300 square foot industrial building constructed in 1982 with twenty-two commercial/industrial
condominium units ranging in size from 1,050 square feet to 3,800 square feet. The subject
condominium unit is 3,800 square feet in size. The majority of the parcel occupies the industrial building,
parking, and perimeter site landscaping. The site includes a 95 foot access and parking easement for
mutual use by the subject site and the adjacent lot to the southeast at 1221 Andersen Drive. At the back
of the site is a 25 foot wide access easement for maintenance of drainage facilities.
The project site is currently zoned a 1-110, Light Industrial/Office. The majority of the properties
surrounding this site are zone LI/0, Light Industrial/Office. The site is located in the Canal neighborhood in
a light industrial area.
BACKGROUND
In 1978, the 31,300 square foot subject building was approved as part of a planned unit industrial
development on the approximately 76,330 square foot/ 1.75 acre site. On July 21, 1980, the Planning
Commission conditionally approved a Tentative Map for a commercial condominium subdivision at the
subject site. Subsequently, on June 15, 1982, the Planning Commission approved the Final Map for
twenty-two (22) condominium commercial/industrial units in conformance with the Tentative Map. The
Covenant of Conditions and Restrictions (CC&R's) were amended to conform with the Tentative Map
conditions.
PROJECT DESCRiPT10N
Tentative Map (TS15-002):
The existing Unit #1 encompasses Suites 1A and 1 B, a single airspace unit, with a total of twenty-two
(22) condominium units on the site. The Condominium Ordinance, Chapter 15.12.030 of the San Rafael
Municipal Code, requires review of condominiums of two (2) or more units and action by the Planning
Commission. The proposed project is a Tentative Map to divide the airspace of the existing
commercial/industrial condominium, Unit 1 into two condominiums (Unit 1A and Unit 1B), one parcel
each for approximately 1,400 square feet and 2,400 square feet each in size for Unit 1A and Unit 1B,
respectively. The units are approximately 10 feet and 16 feet in height. The subdivision of these units
results in building heights of 9.5 feet for Unit 1A and 15.5 feet for Unit 1 B. The subdivision of Unit #1
would result in establishing Units #1A and #1 B as separate units of airspace such that the total number
of airspace units will be 23, with no new net development.. Existing Unit 1 has the right to seven (7)
parking spaces which are presently parked on-site. The proposed subdivision will grant three (3) spaces
to Unit 1A and four (4) spaces to Unit B. The Covenant of Conditions and Restrictions (CC&R's) would
be revised accordingly.
'ANALYSIS:,......'
San Rafael General Plan 2020 Consistency:
Staff has evaluated the project and found it to be consistent with the following applicable General Plan
2020 Policies and Programs:
• Policy LU -23 (Land Use Map): The project site has a Land Use Designation of Light
Industrial/Office. This designation encourages a mixture of land uses, including office use, limited
retail and ministorage.
• Policy LU -9 (intensity of Non -Residential Development): Commercial and Industrial areas
have defined floor area ratios (FAR's) to identify appropriate intensities. Exhibit 4 in the San
REPORT TO PLANNING COMMISSION - Case No's: TS15-002
Page 3
Rafael General Plan 2020 delineates maximum FAR for the project site. The proposed project,
subdividing a unit into two units, does not add floor area to the subject site.
• Policy C-5 (Traffic Level of Service Standards): Requires the maintenance of adequate traffic
levels of service (LOS) in order to ensure an effective roadway network. The proposed project
would not create new vehicle trips to the site as there is no increase in building square footage on
the project site.
CD -18 (Landscaping): Recognizes the unique contribution provided by landscaping, and make it
a significant component of all site design. The property continues to be maintained with
landscaping (trees and shrubs) on the perimeter, front setback, and within the parking areas of
the site.
• CD -21 (Parking Lot Landscaping): Requires parking lot landscaping to control heat build-up
from pavement, reduce air pollution, provide shade cover for vehicles and soften the appearance
of the parking lot. The parking lot continues to be maintained with landscaping (trees and shrubs)
on the perimeter, front setback, and within the parking areas of the site.
Zoning Ordinance Consistency:
Applicable chapters of the Zoning Ordinance are discussed below:
The proposed project is in conformance with the Zoning Ordinance provisions of Chapter 14.06
consisting of the following:
• The subject property is located within the Light Industrial/Office (1-110) Zoning District.
• Section 14.06.020 permits mini -storage, limited office and retail use and the division of airspace
in the existing industrial/office building will not result in the intensification or change the use (mini -
storage, office and limited retail use), add floor area, or add parking to the site.
Chapter 14.060.030 stipulates property development standards for the Light Industrial/Office
District (1-110) designation. As there are no physical changes proposed to the subject site, only air
rights within an existing building are being modified as a result of this subdivision, no
development standards are proposed to be changed.
Subdivision Ordinance Consistency:
The proposed project is in conformance with the following San Rafael Subdivision Ordinances:
• 15.12.030 Subdivision Map, in that the proposed Tentative Map for condominium subdivision is
being reviewed by the Planning Commission.
• 15.12.040 Compliance with Title 14 (Zoning), in that the project is consistent with the Zoning
Ordinance as discussed in the Zoning Ordinance Consistency section above.
15.02.080 Findings required (for a Tentative Map), in that the proposed map is consistent with the
San Rafael general plan; and the property subject to subdivision is physically suitable for the
density of development that is proposed; the design of the subdivision is not likely to cause
substantial environmental damage or substantially and avoidably injure fish or wildlife or their
habitat; the design of the subdivision is not likely to cause serious health problems; all existing
easements would remain and no new easements are proposed with the subdivision, therefore,
the design of the subdivision will not conflict with easements, acquired by the public at large, for
REPORT TO PLANNING COMMISSION - Case No's: TS15-002
Page 4
access through or use of, property within the proposed subdivision; and the two units would share
interest in common areas.
Detailed findings are contained in the Draft Resolution.
ENVIRONMENTAL DETERMINATION
The project is categorically exempt from the provisions of the California Environmental Quality Act
(CEQA) under Section 15301(k) (subdivision of existing commercial or industrial buildings, where no
physical changes occur).
..........
NEIGHBORHOOD MEETING,/ CORRESPONDENCE
No neighborhood meeting was held for the proposed project. Notice of hearing for the project was
conducted in accordance with noticing requirements contained in Chapter 29 of the Zoning Ordinance. A
Notice of Public Hearing was mailed to all property owners and residents within a 300 -foot radius of the
subject site and all interested parties, 15 calendar days prior to the date of all meetings, including this
hearing.
To date, staff has received no comments.
OPTIONS
The Planning Commission has the following options:
1. Recommend approval of the applications as presented (staff recommendation)
2. Recommend approval of the applications with certain modifications, changes or additional
conditions of approval.
3. Continue the applications to allow the applicant to address any of the Commission's comments or
concerns
4. Recommend denial of the applications and direct staff to return with appropriate Resolutions.
EXHIBITS
1. Vicinity/Location Map
2. Draft Resolution
3. Project Plans (distributed to the Planning Commission only)
Exhibit I - Vicinity Map (1241 Andersen Dr)
0 140-- 280 42� 5W 70011
Exhibit 2
RESOLUTION NO. 15 -
RESOLUTION OF THE SAN RAFAEL PLANNING COMMISSION APPROVING A
TENTATIVE MAP (TS15-002)TO ALLOW THE SUBDIVISION OF CONDOMINIUM UNIT
#I (ONE UNIT WITH DIFFERENT AIRSPACE HEIGHTS) INTO TWO SEPARATE UNITS
41A AND 91B FOR THE PURPOSE OF INDIVIDUAL SEPARATE OWNERSHIP
.1201 ANDERSEN DRIVE;
APN: 018-220-01
WHEREAS, on May 14, 2015, Lee Oberkamper, project applicant, submitted a Tentative
Map application to allow the subdivision of a condominium Unit 41 (one unit with different
airspace heights) into two separate Units #lA and #1B for the purpose of individual separate
ownership located at 1201 Andersen Drive; and
WHEREAS, the existing Unit 41 encompasses Suites 1A and 1B, a single airspace unit,
with a total of twenty-two (22) existing units in the complex;
WHEREAS, the subdivision of Unit #1 would result in establishing Units #IA and 4113
as separate units of airspace such that the total number of airspace units in the complex would be
23;
WHEREAS, the proposed subdivision of the airspace of the existing commercial/
industrial condominium, Unit #1 into two condominiums (Unit # I A and Unit #1B), would result
in one unit each for approximately 1,400 square feet and 2,400 square feet each in size,
respectively;
WHEREAS, the proposed Tentative Map application was reviewed by the City's
Building/Fire Division and Public Works Department and was recommended for conditional
approval; and
WHEREAS, on August 25, 2015, the San Rafael Planning Commission held a duly -
noticed public hearing on the proposed Tentative Map, accepting all oral and written public
testimony and the written report of the Community Development Department staff and closed
said hearing on that date;
WHEREAS, upon review of the application, the project was determined to be exempt
from the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA
Guidelines Section 15301(k), (Subdivision of Existing Commercial Buildings), subdivision of
existing commercial or industrial buildings where no physical changes occur which are not
otherwise exempt, is exempt from further review under CEQA; and
NOW, THEREFORE, BE'IT RESOLVED, that the Planning Commission of the City of
San Rafael makes the following findings with respect to the Tentative Map:
Tentative Map Findings
(TS15-002)
1. The Tentative Map is in accord with the General Plan in that the existing use of the property
is consistent with the General Plan Light Industrial/Office land use designation of the
property.
Exhibit 2 — Draft PC Resolution
August 25, 2015 PC Meeting
Exhibit 2
2. The design of the proposed subdivision would be consistent with the objectives, goals,
policies and general land uses of the San Rafael General Plan 2020 in that: a) the project is
consistent with the policies of the San Rafael General Plan as identified above; b) the two
new condominium parcels are already developed with the existing building, parking lot and
landscaping. No new development or improvements are proposed; c) adequate water, sewer
and other utility service systems already serve the existing development. Each of the
agencies have reviewed the project and indicated that the existing development is adequately
serviced; d) the project proposes the subdivision of the airspace of the existing commercial/
industrial condominium, Unit 1 into two condominiums (Unit IA and Unit 1B), would result
in one unit each for approximately 1,400 square feet and 2,400 square feet each in size,
respectively; e) the subdivision would not impact any sensitive environmental resources
given that the project is already developed and does not involve any new improvements.
3. The existing development subject to subdivision is physically suitable for the type or density
of development that is proposed in that there is no change proposed to the Light
Industrial/Office land use designation and the proposed two condominium parcels are already
developed and would be within the permitted density of the General Plan designation.
4. The design of the subdivision and proposed improvements are not likely to cause substantial
environmental damage, or substantial and avoidable injury to fish, wildlife or their habitats or
cause serious public health problems in that the proposed project does not involve any
physical improvements or modifications and the site is already graded and developed as an
industrial building.
5. The design of the subdivision or the type of proposed improvements is not likely to cause
serious health problems in that: a) the proposal to subdivide the property would comply with
the City's General Plan as identified above; b) the site is already developed and the proposed
subdivision does not involve any physical improvements or modifications; c) the project is
located on a permitted light industrial/office development site; d) there are adequate services
for the existing development; e) pursuant to Section 15301(k) (Subdivision of Existing
IndustriallCommercial Buildings) of California Environmental Quality Act (CEQA), the
project is exempt from further review under CEQA. Therefore, the project will not cause
serious health problems; and t) the proposed subdivision has been reviewed by all appropriate
departments and conditioned accordingly to avoid any detrimental effects.
b. As proposed and conditioned, the design of the Subdivision would not conflict with any
existing or required easements in that: a) Any access easements located on the property for
the public at large, public rights-of-way, or public trails would not be impacted because the
proposed project does not involve any improvements; and b) an existing improved right-of-
way (Andersen Drive) exists that would continue to provide adequate and safe access and
utility connections to the existing development.
NOW THEREFORE BE IT FURTHER RESOLVED, that the Planning Commission
of the City of San Rafael hereby approves the Tentative Map (TS 15-002) to allow the subdivision
of a condominium Unit #1 (one unit with different airspace heights) into two separate Units # I A
and 41B for the purpose of individual separate ownership located at 1201 Andersen Drive based
on the findings above and subject to the following conditions of approval:
General and on
Communi1y Development Department - Planning Division
2
Exhibit 2 — Draft PC Resolution
.4ugust 25, 2015 PC Meeting
Exhibit 2
1. This approval shall allow the subdivision of a condominium Unit #I (one unit with different
airspace heights) into two.separate Units #1A (1,400 square feet) and #111 (2,400 square feet)
for the purpose of individual separate ownership located at 1201 Andersen Drive and
illustrated on the Tentative Map (prepared by Oberkamper and Associates Civil Engineers
Inc.). This approval shall be valid for a period of two (2) years from the date of the Planning
Commission approval, or until August 25, 2017, unless a Final Map has been recorded or a
time extension granted.
Prior to recordation of the Final Map
CommuniV Development Department - Planning Division
2. Any outstanding Planning Division application processing fees shall be paid prior to
recording of the Final Map.
3. The applicant shaII submit a Condominium Plan, and the Covenant of Conditions and
Restrictions (CC&Rs) which reflect the proposed changes in the division of interest in
common area and parking assignments.
4. A Covenant of Conditions and Restrictions (CC&Rs) which reflects the proposed changes
must be reviewed and approved by Community Development and the City Attorney, prior to
acceptance of the final map. These documents must be recorded concurrently with the final
map or prior to the sale of any units the development.
Public Works De artment
5. A final map, in accordance and conformance with the Subdivision Map Act is required. Final
map shall also reflect consolidation of the two parcels. Approved final map and condominium
plan must be recorded at the County Recorder Office, prior to any sale of the units.
6. Pay final map plan check fee prior to acceptance of final map.
The foregoing Resolution was adopted at the regular meeting of the City of San Rafael PIanning
Commission held on the 25th day of August 20I5.
Moved by Commissioner --- and seconded by Commissioner --- as follows:'
AYES: Commissioners:
NOES: Commissioners:
ABSENT:
SAN RAFAEL PLANNING COMMISSION
ATTEST:
Paul Jensen, Secretary Barrett Schaefer, Chair
Exhibit 2 -- Draft PC Resolution
,4ugust 25, 2015 PC Meeting