HomeMy WebLinkAboutCC AG PKT 2012-06-25 #M SEA�'•
AGENDA STAFF REPORT I 4
C'4CI llye,:�r
DATE: June 25, 2012
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Greg Hastings, Interim Director of Community Development
SUBJECT: FINAL ENVIRONMENTAL IMPACT REPORT (SCH#
2011061018); SPECIFIC PLAN AMENDMENT 11-1;
GENERAL PLAN AMENDMENT 11-1; ZONING MAP
AMENDMENT 11-1; AND TENTATIVE TRACT MAP
17425 (REVISED) CONCERNING DWP SPECIFIC
PLAN AREA, 10.9 ACRES AT THE SOUTHWEST
CORNER OF 1ST STREET AND MARINA DRIVE
SUMMARY OF REQUEST:
Staff requests that the City Council hold a public hearing on the subject
development applications and Final Environmental Impact Report ("EIR"), and
after consideration of the evidence presented, determine whether to: (1) certify
the Final EIR, and adopt the Mitigation Monitoring and Reporting Program; (2)
introduce an ordinance adopting Specific Plan Amendment 11-1 and Zoning Map
Amendment 11-1 and direct staff to schedule second reading of the same; (3)
adopt a resolution approving General Plan Amendment 11-1; and (4) adopt a
resolution approving TTM 17425 as revised.
BACKGROUND AND ANALYSIS:
1. THE PROJECT
On May 27, 2011, Edward Selich, representing property owner Bay City
Partners, LLC, submitted an application to develop the City of Los Angeles
Department of Water and Power ("DWP") Specific Plan area with a 48-lot
residential development on 4.5 acres and 6.4 acres for public open
space/passive recreation purposes. Based upon public comment and the
recommendation of the Planning Commission and the Council Subcommittee
(comprised of Council Members Deaton and Shanks) meeting with the Applicant,
the Applicant has reduced the requested subdivision to 32 residential lots.
Agenda Item M
The Applicant has requested that the City Council approve:
Specific Plan Amendment 11-1
The City originally adopted the DWP Specific Plan in 1982, and subsequently
amended it in 1996. The Specific Plan- provides for "open space and visitor-
serving land uses and development standards created specifically for selected
portions of the DWP property." Visitor-serving uses are "limited to the northerly
30% of the DWP parcel, more specifically, to the area adjacent to Marina Drive
and First Street. In all cases, visitor-serving shall be limited to the area north of
an imaginary westerly prolongation of Central Way." Building heights are limited
to 35 feet. Permitted uses are limited to a hotel (maximum 150 rooms),
restaurant(s), retail uses, service uses, and banquet/meeting/conference rooms.
The proposed Specific Plan Amendment (See Attachment 1.) would allow
detached, single family dwellings and public open space. Residential uses would
be limited to the northerly portion of the site adjacent to Marina Drive and 1st
Street, as shown on the Land Use Development Plan attached as Exhibit B to the
proposed Specific Plan. The legal description of the residential area is attached
as Exhibit C to the Specific Plan.
Seal Beach Municipal Code Section 11.5.15.040 requires the City Council to
consider the site's base zoning district and existing zoning, the height of existing
buildings immediately surrounding the site and the effect of the proposed building
height on the areas surrounding the site prior to amending a specific plan. The
site is in the predominantly residential "Old Town" area of the City. Old Town has
a 25-foot height limit. Residential structures authorized by Specific Plan 11-1
would be subject to a 25-foot height limit and the same development standards
generally applicable to Residential High Density (RHD-20) development in Old
Town. By contrast, the existing Specific Plan authorizes the commercial use of a
hotel with a 35-foot height limit. A hotel of that size would adversely affect the
views from and vistas of surrounding residential uses.
The legal description of the open space area is attached as Exhibit D to the
proposed Specific Plan. Development standards and regulations for areas
designated for open space would remain unchanged. Open Space would still be
defined as "Public parks, green belts, bike trails, nature trails, hiking trails, and
any passive recreational uses normally located in parks or open spaces."
Structures in the Open Space area would still be limited to light standards that do
not exceed 15 feet in height and park benches.
The Planning Commission recommended approval of Specific Plan Amendment
11-1.
General Plan Amendment 11-1
The City's General Plan Land Use Map currently designates the subject property
as Open Space and the text of the General Plan states that the property can be
developed in accordance with the DWP Specific Plan with a visitor serving hotel
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on the northerly portion of the DWP site and open space on the southerly portion
of the site.
In order to accommodate residential development on the northerly 4.5 acres of
the subject property, General Plan Amendment 11-1 would amend the Land Use
Element of the General Plan as follows:
• The three paragraphs following the heading, "Los Angeles Department of
Water and Power Specific Plan," on page LU-13 of the Land Use Element
would be amended to read as follows:
"Formerly the location of a large power plant for the Los Angeles
Gas and Electric Company (now the Department of Water and
Power or DWP), this site has an excellent view of the Long Beach
Marina and northern coastline as far north as Palos Verdes.
Considering these positive factors in combination with high land
value (attributed to location and access), this site has potential for
visitor-serving open space and residential use.
"Access for pedestrians and cyclists to the river's edge and along
the entire length of the San Gabriel River from Westminster Avenue
to the beach, including this site, will be maintained.
"To provide a comprehensive plan for this area, in 2012, the City
revised the Department of Water and Power Specific Plan, which
establishes the land uses and general development standards for
this area. Residential uses are limited to the northerly portion of the
DWP site with permitted uses including single unit residential
subject to the same development standards as the rest of Old Town
Seal Beach. The lower portion of the site is designated for open
space uses such as public parks, greenbelts, bike, and nature
trails, and other passive recreational uses. The boundary of the
Los Angeles Department of Water and Power Specific Plan is
depicted in Land Use — Figure 9 on page LU-79 at the end of this
element."
• Under the "Goals, Objectives and Policies" portion of the Land Use
Element, the bulleted paragraphs following the heading, "Los Angeles
Department of Water and Power Specific Plan," on page LU-40 would be
amended to read as follows:
"• Provide a comprehensive plan for this area by providing for a
mix of visitor-serving open space and residential use.
"• Limit residential uses to the northern portion of the DWP site
with permitted uses including single unit residential.
Page 3
"° Designate the southern portion of the site for open space
uses such as public parks, greenbelts, bike, and nature
trails, and other passive recreational uses."
a "Land Use — Figure 1 — Planning Area 1 Land Use Map" in the Land Use
Element of the Seal Beach General Plan will be amended to reflect the
changes to the Specific Plan area boundaries set forth in DWP Specific
Plan Amendment 11-1 and Zoning Map Amendment 11-1, and to
• designate as Residential High Density that area of the DWP Specific Plan
approved for residential use. The City Clerk would be authorized and
directed to take all steps necessary to implement these map changes.
"Land Use — Figure 9 — Los Angeles Department of Water and Power
Specific Plan" in the Land Use Element of the Seal Beach General Plan
would be amended to correspond to DWP Specific Plan Amendment 11-1,
and Zoning Map Amendment 11-1. The City Clerk would be authorized
and directed to take all steps necessary to implement this change.
• Tables 2 and 3 on pages LU-50, LU-51, and LU-53 of the Land Use
Element, which set forth the overall land use acreage for the City, would
be amended to reflect the open space and residential portions of the
Project.
The proposed General Plan Amendments are consistent with the General Plan,
as amended herewith, and the other elements of the General Plan.
The Planning Commission recommended approval of General Plan Amendment
11-1.
Zoning Map Amendment 11-1
Zoning Map Amendment 11-1 would adjust the boundaries of the DWP Specific
Plan area to include the entirety of the subject property, which would be
designated SPR for Specific Plan Regulation. Approximately 1.4 acres of land
would be added to the existing SPR designation and a 0.05-acre portion that is
currently part of the Specific Plan area would be designated as Service
Commercial (SC), which would permit it to be absorbed into the adjacent SC
property by way of a future lot line adjustment. (See Attachment 2.)
Proposed Zoning Map Amendment 11-1 is consistent with the General Plan, as
amended herewith, and the other elements of the General Plan.
The Planning Commission recommended approval of Zoning Map Amendment
11-1.
Tentative Tract Map 17425
The Applicant proposes to subdivide the northerly 4.5 acres of the site for
development of single family residences. The Applicant initially submitted a 48-
Page 4
lot subdivision on the same 4.5 acres. (See Attachment 3.) At the May 2, 2012
Planning Commission meeting the Applicant submitted a modified version of the
tract map that also showed 48 lots. (See Attachment 4.)
Upon the conclusion of the public hearing on June 6, 2012, the Planning
Commission recommended that the City Council approve TTM 17425 with,
among other conditions: (a) reduced density; (b) larger lots; (c) no residential lots
southerly of the prolongation of the northerly right-of-way of Central Way; (d)
reduction of the lots adjacent to the San Gabriel River; and (e) public streets and
alleys. Pursuant to the Planning Commission's recommendations and the
Council Subcommittee (comprised of Council Members Deaton and Shanks)
meeting with the Applicant, the applicant submitted a third version, for a 32-lot
subdivision, which is the version of TTM 17425 before the Council for its
consideration. (See Attachment 5.)
The current version of TTM 17425 would result in the development of 32
detached single family parcels on the northerly 4.5 acres of the site. Residential
•
lot sizes would range from 3,144 to 5,787 square feet with average widths
between 30 and 58 feet and depths of at least 100 feet. Access to the tract
would be via both Marina Drive and 1st Street. All streets and alleys would be
public.
The footprint of residential development depicted in the revised tract map would
be approximately 0.16 acre smaller in area than either previously proposed map
because the revised map eliminates any residential lots south of the northern
boundary of the proposed prolongation of Central Way. The revised tract map
also reduces the number of lots adjacent to the San Gabriel River bike path to
five, which is half that which was originally proposed. This also results in those
lots increasing in width to at least 50 feet. Other material differences between
the most recently revised map and the two previous versions are summarized in
the following table.
Tentative Tract Tentative Tract Tentative Tract
17245 17245 17245
Original Rev'd 5/2/12 Rev'd 6/11/12
Submittal
# Residential lots 48 48 32
Lot size range(s.f.) 2,680-3,280 2,625—3,289 3,144—5,787
Lot width range 25—25.5' 25' 30—58'
Lot depth range 107— 115' 106—110' 100-142'
Central Way alignment? No Yes Yes
#Lots south of northerly
ROW boundary of 14 3 0
Central Way projection
Page 5
Tentative Tract Tentative Tract . Tentative Tract
17245 17245 17245
Original Rev'd 5/2/12 Rev'd 6/11/12
Submittal
Lot orientation along 1St Front—on (9) Front—on (8)
Street Side—on (3) Side—on (1) Side—on (1)
# Lots adjacent to river 13 13 5
#Lots with alley access 24 27 20
Cul-de-sacs Private drive Private alley None
serving 5 lots serving 3 lots
Public street Public/private
Roadway ownership Public alleys streets Public streets
Private drive Private alleys and alleys
#Common area open 5 5 3
space lots
Pursuant to Municipal Code Section 10.20.020, a tentative tract map shall not be
approved if any of the following findings are made:
1. The proposed subdivision, including design and improvements, is not
consistent with the General Plan or any applicable specific or precise plan.
2. The site is not physically suitable for the type or proposed density of
development.
3. The design of the subdivision or the proposed improvements is likely to
cause substantial environmental damage or injure fish or wildlife or their
habitat.
4. The design of the subdivision or type of improvements is likely to cause
serious public health problems.
5. The design of the subdivision or the type of improvements will conflict with
easements, acquired by the public at large for access through or use of,
property within the proposed subdivision. The City may approve the
subdivision if the City finds that the subdivider will provide alternate
easements for access or use that are substantially equivalent to the
easements previously acquired by the public. This Subsection 5 shall
apply only to easements of record, or to easements established by
judgment of a court of competent jurisdiction, and no authority is hereby
granted to the City to determine that the public at large has acquired
easements of access through or use of property within the proposed
subdivision.
Page 6
6. The discharge of sewage from the proposed subdivision into the
community sewer system would result in violation of existing requirements
prescribed by the California Regional Water Quality Control Board.
7. A preliminary soils report or geological hazard report indicates adverse
soil or geological conditions and the subdivider has failed to provide
sufficient information to the satisfaction of the City Engineer that the
subdivider can correct such conditions.
The facts would not support any of these findings. TTM 17425, as revised,
including its design and improvements, is consistent with the General Plan and
Specific Plan, as both are amended concurrently herewith. Both the General
Plan and Specific Plan designate the northern portion of the site for residential
use. The site is also relatively flat and immediately adjacent to existing
residential neighborhoods so it is physically suitable for residential use and the
proposed density of such use. With the most recent revisions to the tract map, it
would not result in any significant environmental impacts, so it is unlikely to
cause substantial environmental damage or injure fish or wildlife or their habitat
or cause serious public health problems. The design of the subdivision and its
improvements, as conditioned, will not conflict with easements acquired by the
public at large for access through or use of property within the proposed
subdivision because the map does not affect public access to the San Gabriel
River bike trail and any public trust issues must be resolved prior to final
recordation. Discharge of sewage into the community sewer system from the
proposed subdivision would not result in violation of existing requirements
prescribed by the California Regional Water Quality Control Board. Finally, the
soils reports conducted for the project has not indicated any significant adverse
impacts and the City Engineer is satisfied with the information provided.
Staff has prepared a set of conditions of approval for TTM 17425 should the
Council decide to approve the map. (See Attachment 6.)
In the event the Applicant receives City Council and Coastal Commission
approval of the Project, approximately 6.4 acres of the project site not developed
for residential use will be conveyed to the City. Such area will be used for open
space and passive recreational uses in accordance with DWP Specific Plan.
Development Agreement
A development agreement was drafted for the Project. The Commission
considered the draft agreement, but the Applicant has requested that the draft
agreement not be considered.
2. ENVIRONMENTAL REVIEW
As the lead agency for the Project under the California Environmental Quality
Act, Cal. Pub. Res. Code § 21000 et seq. ("CEQA"), the City determined that an
EIR was necessary to fully analyze, disclose, and mitigate the Project's
environmental impacts.
Page 7
The City engaged the services of independent consulting firm RBF Consulting to
prepare the EIR. The EIR studied and analyzed the Project's environmental
impacts, including the potential impacts arising from a 48 unit residential
development subdivision. The Draft EIR was circulated for 57 days for public
review and comment period from November 14, 2011 to January 9, 2012. CEQA
requires either a 30-day or 45-day review and comment period. Following the
public review period, the Final EIR was prepared, which includes written
responses to all comments received during the public review period regarding the
Draft EIR, a Mitigation Monitoring and Reporting Program, and Errata. (See
Attachment 7 (Final EIR under separate cover), and Attachment 8 (Mitigation
Monitoring and Reporting Program).) The Final EIR was released to the public
on April 2, 2012.
The Final EIR concluded that after the incorporation of all feasible mitigation
measures, the Project (with the initial design of the 48 unit residential
development) would have significant unavoidable impacts relating to
Aesthetics/Light and Glare because the Project would significantly change the
existing visual character/quality of the site and its surroundings and would
generate significant additional light and glare beyond existing conditions.
Pursuant to CEQA, if a project is approved that has significant impacts that
cannot be feasibly mitigated, the agency is required to state the specific reasons
for approving the project, based on the Final EIR and any other information in the
public record for the project. CEQA refers to this as a "Statement of Overriding
Considerations." TTM 17425, as revised by the applicant, eliminates the
unavoidable impacts associated with Aesthetics/Light and Glare that were
identified in the original site design analysis in the Final EIR. Therefore, a
Statement of Overriding Considerations is not necessary in connection with the
revised site plan.
CEQA also requires an EIR to identify alternatives to the project along with the
environmental impacts of the alternative. The Final EIR identifies a "No
Project/No Build" alternative, which considers the impacts if the subject property
remains unchanged, a "No Project/1996 DWP Specific Plan" alternative, which
considers the impacts of the development of a hotel as allowed under the
existing terms of the DWP Specific Plan, and a "Modified Layout" alternative.
Under the Modified Layout alternative (see EIR), 41 residential lots would be
developed on the northern portion of the property, with front yards along 1st
Street and Marina Drive, and the Central Way right-of-way prolongation (B
Street) would be located approximately 300 feet south of Marina Drive, in
alignment with the existing Central Way right-of-way (located east of 1st Street).
Comparatively, this Alternative's proposed modifications would reduce the
number of residential lots (seven fewer), change the orientation of the front
yards, and relocate the Central Way prolongation approximately 50 feet to the
north. Because it would reduce or eliminate the Project's significant and
unavoidable impacts and not have any greater impacts than the Project, the Final
EIR identifies the Modified Layout alternative as the environmentally superior
alternative.
Page 8
RBF has reviewed both the revised tract map that was submitted by the applicant
during the May 2, 2012 Planning Commission public hearing and the most recent
revision to the tract map submitted following the June 6, 2012 Planning
Commission meeting. RBF has prepared a comparative environmental analysis
for this revised proposal. (See Attachment 9.) The analysis includes a
"Hydrologic and Hydraulic Narrative" prepared by Fuscoe Engineering and a
"Supplemental Traffic Assessment" prepared by Linscott, Law and Greenspan
Engineers. The RBF analysis concludes that the revised site plan, as shown on
the revised tract map submitted by the applicant, would not result in greater
impacts than were identified for the Draft EIR Project, and would eliminate the
Project's significant and unavoidable impacts relating to Aesthetics/Light and
Glare identified above. As the roadway configuration has been slightly altered,
the Final EIR Mitigation Measures TRA-2 and TRA-3 have been modified to
apply to the revised plan. However, these modifications are not considered to
result in any new or greater impact than those identified in the EIR. Thus, no
new impacts have been identified and no new mitigation measures are required
to approve the revised site plan instead of the Draft EIR Project.
3. PUBLIC REVIEW
In addition to the public review and comment on the Draft EIR, the Project, and
certain aspects thereof have been reviewed at public meetings of the City's
Subdivision Technical Review Committee, Archaeological Review Committee,
and Parks and Recreation Commission.
On April 17, 2012, the City's DWP Specific Plan Advisory Committee reviewed
the Project at a public meeting. After taking public comment on the proposal, the
DWP Specific Plan Advisory Committee voted 4-1 to recommend that the City
Council not approve the 48-lot residential project.
On April 25, 2012, the City's Environmental Quality Control Board (EQCB)
reviewed the Final EIR at a public meeting. After taking public comment on the
Final EIR, the EQCB voted 4-1 to recommend to the City Council that the Final
EIR not be certified in connection with the 48-lot residential project.
As mentioned previously, on May 2, 2012 and June 6, 2012, the Planning
Commission considered the Project and the Final EIR at a public hearing. After
taking public comment on the matter, the Planning Commission voted 4-1 to
adopt Planning Commission Resolution 12-9, recommending that the City
Council certify the Final EIR, and approve the project subject to conditions of
approval and additional revisions to the tract map. (See Attachment 10.)
Additionally, the Planning Commission also asked that RBF provide a memo as
to the EIR's discussion of the open space portion of the Project. (See
Attachment 11.)
Staff has also received numerous e-mail comments regarding the proposed
project. To date, 36 have been received in support, 15 have been received in
opposition and 4 have been received with no position.
Page 9
RECOMMENDATION:
Staff recommends that the City Council: (1) certify the Final EIR, and adopt the
Mitigation Monitoring and Reporting Program; (2) introduce an ordinance
adopting Specific Plan Amendment 11-1 and Zoning Map Amendment 11-1 and
direct staff to schedule second reading of the same; (3) adopt a resolution
approving General Plan Amendment 11-1; and (4) adopt a resolution approving
Tentative Tract Map 17425 as revised.
Staff has prepared a draft ordinance and resolutions for the City Council's use
should it agree with staffs recommendation. (See Attachments 12-15.)
SUBMITTED BY: NOTED AND APPROVED:
Greg Hast'ngs, Interim 6iVR. Ingram, Cit M.nager
Director of Community Development ti
Attachments:
1. Draft DWP Specific Plan Amendment 11-1.
2. Proposed Zoning Map amendments.
3. Tentative Tract Map 17425 (version 1; original submission).
4. Tentative Tract Map 17425 (version 2; presented to the Planning Commission May 2,
2012).
5. Tentative Tract Map 17425 (version 3; revised pursuant to Planning Commission
recommendations).
6. Proposed conditions of approval for Tentative Tract Map 17425.
7. Final EIR (Previously provided to the City Council under separate cover and not included
with this report due to length. Copies are available for review at the Department of
Community Development and will also be available at the City Council public hearing.)
8. Mitigation Monitoring and Reporting Program.
9. Environmental Analysis of the Alternative Site Plan, by RBF Consulting (June 15, 2012).
10. Seal Beach Planning Commission Resolution 12-9.
11. Memo from RBF Consulting regarding DWP Specific Plan Amendment EIR Open Space
Area Clarification (June 13, 2012).
12. Draft Resolution No. 6273 certifying the Final EIR, making findings and adopting the
Mitigation Monitoring Program.
13. Draft Ordinance No. 1620 Adopting Specific Plan Amendment 11-1 and Zoning Map
Amendment 11-1 (Note: Exhibit "A" to the draft ordinance is Attachment 1 to this staff
report; Exhibit"B"to the draft ordinance is Attachment 2 to this staff report).
14. Draft Resolution No. 6274 Adopting General Plan Amendment 11-1.
15. Draft Resolution No. 6275 approving Tentative Tract Map 17425.
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