HomeMy WebLinkAboutCC AG PKT 2012-06-25 #M (attachment 10) ATTACHMENT 10
SEAL BEACH PLANNING COMMISSION
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RESOLUTION 12-9
RESOLUTION NO. 12-9
A RESOLUTION OF THE SEAL BEACH PLANNING
COMMISSION RECOMMENDING APPROVAL OF
GENERAL PLAN AMENDMENT 11-1, SPECIFIC PLAN
AMENDMENT 11-1, ZONING MAP AMENDMENT 11-1,
AND TENTATIVE TRACT MAP 17425 TO ALLOW SINGLE
FAMILY RESIDENTIAL DEVELOPMENT IN THE DWP
SPECIFIC PLAN AREA
THE SEAL BEACH PLANNING COMMISSION HEREBY FINDS, DETERMINES
AND RESOLVES AS FOLLOWS:
Section 1. Bay City Partners ("Applicant") has submitted an application for
General Plan Amendment 11-1, Specific Plan Amendment 11-1, Zoning Map
Amendment 11-1 and Tentative Tract Map 17425 to allow for the development of 48
single family residential properties on the property commonly known as the DWP site" at
the southwest corner of the intersection of Marina Drive and 1st Street. In addition, a
development agreement has been prepared. These related approvals are collectively
referred to herein as the "Project."
Section 2. The City prepared an Environmental Impact Report ("EIR") for the
Project in accordance with the California Environmental Quality Act, Cal. Pub. Res.
Code § 21000 et seq. ("CEQA"), the State CEQA Guidelines, 14 C.C.R. § 15000 et
seq., and Chapter 11.5.35 of the Seal Beach Municipal Code ("Municipal Code" or
SBMC"). The Draft EIR (State Clearinghouse Number 2011061018) was circulated for
a 57-day public review and comment period from November 14, 2011 to January 9,
2012. Following the public review period, the City prepared a Final EIR, which includes
written responses to all comments received during the public review period regarding
the Draft EIR.
Section 3. On May 2, 2012 and June 6, 2012, the Planning Commission held
a duly noticed public hearing to review the Final EIR and the Project. The record of the
public hearing held by the Planning Commission indicates the following:
a. All persons wishing to address the Planning Commission regarding
the Project were given an opportunity to do so at the public hearing. The Applicant's
representatives and other persons spoke in favor of the Project. Other persons spoke
in opposition to the Project on various grounds.
b. The Planning Commission received the following into evidence:
(1) the Planning Commission staff reports regarding the Project with all attachments
thereto, and (2) the Final EIR, including all appendices regarding the same; and all
other written information and correspondence presented at the public hearing.
c. The subject property of the Project is a 10.9-acre site that includes
all of the currently vacant DWP site, portions of the San Gabriel River and associated
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bike trail, and portions of an adjacent parcel that is currently developed with a legal non-
conforming single family residence and a commercial facility.
d. Surrounding land uses include residential, commercial, public
beach, and recreational/open space uses. To the north are the River Beach Town
Homes, which is zoned Residential High Density 33 ("RHD 33"), and Marina Park,
which is zoned Open Space Parks and Recreation and Oil Extraction, respectively. To
the east is Old Town Seal Beach, which is zoned Residential High Density 20 ("RHD
20"). To the South is the public beach, beach parking lot and the River's End Cafe. To
the west is the San Gabriel River and associated bike trail.
e. General Plan Amendment 11-1
1. The current General Plan depicts the subject property on the
Land Use Map 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
on the northerly portion of the DWP site and open space on the southerly portion of the
site.
2. General Plan Amendment 11-1 would amend the Land Use
Element of the General Plan to redesignate the northerly 4.5 acres of the subject
property from Open Space to Residential High Density and 0.05 acre from Open Space
to General Commercial and to amend wording of the Land Use Element to allow
residential land use within the Specific Plan area.
f. Specific Plan Amendment 11-1
1. The current DWP 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.
2. Specific Plan Amendment 11-1 would amend the DWP
Specific Plan to 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 Specific Plan. Residential structures would be subject to a 25-foot height limit and
the same development standards generally applicable to Residential High Density (RHS-
20) development in Old Town Seal Beach. 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
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Space area would still be limited to light standards that do not exceed 15 feet in height and
park benches.
g. Zoning Map Amendment 11-1
1. The current Zoning Map shows the subject property zoned
as follows: 9.55 acres are zoned Specific Plan Regulation (SPR), 0.1 acres are zoned
Service Commercial (SC). An additional 1.3 acres along the riverfront parcel does not
appear on the City's Zoning Map, but is within the Specific Plan area.
2. Zoning Map Amendment 11-1 would amend the Zoning Map
to 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
0.05 acres portion that is currently part of the Specific Plan area would be designated as
Service Commercial (SC), which would permit it to be merged with the adjacent
property, which is already in the SC zone.
h. Tentative Tract Map 17425 (TTM 17425)
1. During the May 2, 2012 public hearing, the applicant
submitted a revised tract map to replace the original map that was filed for that meeting.
The Planning Commission continued the public hearing to permit City staff and the
City's environmental consultant to review the revised map.
2. The revised map has the identical development footprint as
the original submittal. Residential development would therefore still be restricted to the
northerly 4.5 acres of the 10.9 acre site. The open space area would also remain
unchanged in size. The differences between the revised map and the original submittal
are summarized in the following table.
•
. Tentative Tract 17245 Tract 17245
. Original Submittal • • . Rev'd.5/2/12
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#Residential lots 48 48
Lot size range(s.f.) 2,680-3,280 2,625—3,289
Lot width range 25—25.5' 25'
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Lot depth range 107—115' 106—110'
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• Tentative Tract 17245 Tentative Tract 17245
Original Submittal Rev'd 5/2/12
•
Central Way alignment? No Yes
#Lots south of northerly
ROW boundary of 14 3
Central Way projection
Lot orientation along 1st Side-on (3) Front-on (9)
Street Side-on (1)
#Lots adjacent to river 13 13
#Lots with alley access 24 27
Cul-de-sacs Private drive serving 5 Private alley serving 3
lots lots
Public street Public/private streets
Roadway ownership Public alleys
Private drive Private alleys
#Common area open 5 5
space lots
3. As revised, TTM 17425 would allow development of 48
single family detached single family units plus 11 other lots that would be used for
landscaping and roadways on approximately 4.5 acres in the northern portion of the
project site. The Applicant would construct the finished pads and all infrastructure
necessary to serve the new residential development in a single phase. Residential units
would be developed individually by homeowners as custom homes, depending on
market conditions and demand. Vehicle access to the residential development would
be via newly constructed public and private streets from Marina Drive and First Street
and a mix of publicly and privately maintained internal alleyways.
4. The City's environmental consultant has reviewed TTM
17425, as revised, and has prepared a comparative environmental analysis, which
includes a "Hydrologic and Hydraulic Narrative" prepared by Fuscoe Engineering and a
"Supplemental Traffic Assessment" prepared by Linscott, Law and Greenspan
Engineers. The analysis concludes that TTM 17425, as revised would not result in
greater impacts than the original map submittal analyzed in the Final EIR and would
eliminate the significant unavoidable impacts relating to Aesthetics/Light and Glare that
the Final EIR determined would occur as a result of the original map submittal. The
analysis also concludes that modifications to Final EIR Mitigation Measures TRA-2 and
TRA-3 are necessary due to the roadway reconfiguration in TTM 17425, as revised, but
that these modifications would not result in any new or greater impact than those
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identified in the Final EIR. The Planning Commission finds based on its independent
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judgment that the comparative environmental analysis is correct and that no new
impacts have been identified and no new mitigation measures are required to TTM
17425, as revised.
5. Staff has recommended the conditions or approvals for and
revisions to TTM 17425 ("Conditions and Revisions") that are set forth in Exhibit A to
this Resolution, which is hereby incorporated by this reference as if set forth in full.
i. Open Space. The Applicant has agreed to convey to the City
approximately 6.4 acres of the project site not developed for residential use upon
receiving City and Coastal Commission approval of the Project. Such area will be used
for open space and passive recreational uses in accordance with the DWP Specific
Plan.
j. A development agreement has been drafted that would grant the
Applicant vested development rights for the Project for a period of 10 years from the
date the Project is approved by the California Coastal Commission. By letter dated
April 26, 2012, the Applicant has requested that the development agreement be
withdrawn.
Section 4. Based upon substantial evidence in the record of the hearing
regarding the Project, the Planning Commission hereby finds as follows:
a. The Final EIR has been prepared in accordance with and complies
with the requirements of CEQA, the State CEQA Guidelines, and the Municipal Code.
b. The Project, inclusive of the Conditions and Revisions to TTM
17425, provides a comprehensive development plan for the subject property that
accomplishes the following goals:
1. Creation of a comprehensive land use and infrastructure
plan for under-utilized and vacant properties that includes a reasonable range of land
uses and provides for the construction and maintenance of public improvements to the
street and circulation system.
2. Conveyance of waterfront open space to the City for public
use and enjoyment.
3. Development of the subject property that is at least fiscally
neutral and, more likely, fiscally beneficial to the City.
4. Mitigation of all avoidable Project impacts below the level of
significance.
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c. The Commission finds further as follows regarding TTM 17425,
inclusive of the Conditions and Revisions.
1. The proposed subdivision, including design and
improvements, is consistent with the General Plan and the DWP Specific Plan, as
amended by General Plan Amendment 11-1 and Specific Plan Amendment 11-1,
respectively.
2. The site is physically suitable for residential development at
the proposed density
• 3. The design of the subdivision and the proposed
improvements are not likely to cause substantial environmental damage or injure fish or
wildlife or their habitat.
4. The design of the subdivision and improvements are not
likely to cause serious public health problems.
5. The design of the subdivision and improvements will not
conflict with easements, acquired by the public at large for access through or use of,
property within the proposed subdivision.
6. The discharge of sewage from the proposed subdivision into
the community sewer system would not result in violation of existing requirements
prescribed by the California Regional Water Quality Control Board.
7. Reports regarding soils and geological hazards do not
indicate adverse soil or geological conditions.
d. The Project, inclusive of the Conditions and Revisions to TTM
17425, is consistent with the General Plan, as amended by General Plan Amendment
11-1 and the DWP Specific Plan, as amended, by Specific Plan Amendment 11-1.
e. The Project, inclusive of the Conditions and Revisions to TTM
17425, will promote the public health, safety, and welfare and is in the public interest.
Section 5. Based on the foregoing facts and findings, the Planning
Commission hereby recommends that the City Council: (1) certify the Final EIR subject
to clarification that the Project includes conversion of 1.1 acres of open space to
residential use, and adopt the Mitigation Monitoring and Reporting Program; (2) approve
General Plan Amendment 11-1, Zone Map Amendment 11-1, and Specific Plan
Amendment 11-1 subject to amendment of Section B.9 of the Draft Specific Plan to
include a statement that the front of lots should face open space or parks if possible,
and (3) approve TTM 17425 subject to the Conditions and Revisions, and the following
additional recommendations:
a. The extended centerline of Central Way shall mark the boundary of
public open space/private residential use. The area designated as Lot 48 shall be part
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of the public open space. With more than 50% of the lot area located to the north of the
centerline of Central Way, Lot 47 may remain as part of the residential land use area.
b. A minimum of two public walkway access routes or easements
shall be required through Lot Row 36-48 to allow pedestrian access to the bike path/
river walk from "A" Street. One access point shall be located at the intersection of "A"
Street and "C" Street, and one access point shall be located at the intersection of "A"
Street and Alley "D."
c. The Lot widths of Lot Row 36-48 shall be increased to
approximately 50 feet.
d. All Streets, Alleys, and sidewalks shall be Public, not Private.
e. Alley "E" shall be extended North to Marina Drive, if feasible.
f. If Lots 36-48 are not widened, the river-facing side (West facing) of
lots in Lot Row 36-48 shall be the "Front Yard." The "A" Street facing side(East facing)
shall be designated as "Rear Yard."
g. Revise the garage locations of Lot Row 18-24 (on sheet C.3) so the
garage is accessed from Alley 'D.'
h. If Lots 36-48 are not widened, there shall be a designated public
walkway and planted area between the San Gabriel River bike path / river walk and the
front yards off the river facing lots. The walkway shall provide direct pedestrian access
to all lots along the river. A cross section for this public/private land relationship shall be
provided. (See recommendations 18 and 19 regarding lot drainage and building pad.)
Lots 1, 9, 24, and 35 shall be increased in width to incorporate the
Land Areas "F", "G", "H" and "J" as part of their lot boundaries if this would not interfere
with the drainage program.
j. Consider revising the building pad elevation heights for Lot Row 36-
48 (sheet C.3) to a maximum of 2'-0" above natural grade at the West (river facing) side
of the lots, if possible.
k. Consider revising the drainage pattern on Lot Row 36-48 to drain
toward the San Gabriel River, and provide a planted area/drainage swale between the
existing bike trail and the west facing project line.
I. Consider lowering the building pad heights of the Lot Rows 1-8 and
9-17 (as they relate to 1st Street and Marina Drive).
m. Approximately 50% of Lots 1-35 shall be at least 37.5' wide.
PASSED, APPROVED AND ADOPTED by the Seal Beach Planning
Commission at a meeting thereof held on June 6, 2012, by the following vote:
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AYES: Commissioners 6/9(P/9i97.:./ i'l/7557-C4V'T7—
. , i
NOES: Commissioners C?c7L-a h'C
ABSENT: Commissioners
ABSTAIN: Commissioners
7)14 *,—,1►Uil •
Sandra Massa-1..avitt
Chairwoman
(Greg Hastings
Interim.Planning Commission Secretary
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