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HomeMy WebLinkAboutCC AG PKT 2012-06-25 #M (attachment 15) ATTACHMENT 15 DRAFT RESOLUTION ADOPTING TENTATIVE TRACT MAP 17425 RESOLUTION NUMBER 6275 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING TENTATIVE TRACT MAP 17425, A 32-LOT RESIDENTIAL SUBDIVISION IN THE DEPARTMENT OF WATER AND POWER SPECIFIC PLAN AREA THE SEAL BEACH CITY COUNCIL HEREBY FINDS, DETERMINES AND RESOLVES: Section 1. Bay City Partners ("Applicant") submitted an application for approval of Tentative Tract Map 17425 ("TTM 17425") to subdivide the northerly 4.5 acres of the property commonly known as the DWP site ("site") into 48 residential lots. To effectuate the application, the City of Seal Beach ("City") General Plan, the DWP Specific Plan and official Zoning Map need to be amended. a. The area proposed to be subdivided is part of a 10.9-acre site that includes the currently vacant DWP site including portions of the San Gabriel River and associated bike trail, and portions of an adjacent parcel that is currently developed with a legal non-conforming single family residence and a commercial facility. b. The General Plan Land Use Map depicts the site as Open Space and the text of the General Plan states that the property can be developed in accordance with the DWP Specific Plan, which contains the following designations: a visitor serving hotel on the northerly portion of the DWP site; and open space on the southerly portion of the site. Thus, prior to subdividing the property as requested, the General Plan and the DWP Specific Plan would therefore have to be amended to ensure that the Project is consistent with the General Plan and Specific Plan. c. Surrounding land uses include residential, commercial, public beach, and recreational/open space uses. To the north are the River Beach Town Homes, zoned Residential High Density 33 ("RHD 33"), and Marina Park. To the east is Old Town Seal Beach, zoned Residential High Density 20 ("RHD 20"). To the south is the public beach and beach parking lot. To the west is the San Gabriel River and associated bike trail. Section 2. The City's Subdivision Technical Review Committee considered TTM 17425 at public meetings and accepted public input regarding the proposed map. Section 3. On May 2, 2012 and June 6, 2012, the Planning Commission held two duly noticed public hearings on the application. At the first - public hearing, the Applicant submitted a revised TTM 17425 that, among other things,changed the orientation of a number of the proposed lots. Section 4. After considering all the evidence presented at the two public hearings, the Planning Commission adopted Planning Commission Resolution 12-9, recommending that the City Council certify the Final EIR, adopt the Mitigation Monitoring and Reporting Program for the Project, and approve the Project, inclusive of the Applicant's revised tract map and subject to such additional conditions and recommendations specified in the resolution. The additional conditions included: (a) reduced density; (b) larger lots; (c) all residential lots must be northerly 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, the applicant submitted a third TTM 17425, for a 32-lot subdivision, with the following features. TTM 17425, as revised, is attached hereto as Exhibit A and incorporated by this reference as though set forth in full. TTM 17425, as revised, includes the following: Resolution Number 6275 a. TTM 17425 would allow development of 32 single family detached single family units 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 streets from Marina Drive and First Street and public internal alleyways. b. The footprint of residential development depicted in Exhibit B would be approximately 0.16 acre smaller in area than either previously proposed map because it eliminates any residential lots south of the northern boundary of the proposed prolongation of Central Way. c. 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 2,680-3,280 2,625—3,289 3,144—5,787 (s.f.) Lot width range 25—25.5' 25' 30—58' Lot depth range 107—115' 106—110' 100-142' Central Way No Yes Yes alignment? #Lots south of northerly ROW boundary of 14 3 0 Central Way projection Lot orientation Front—on(9) Front—on(8) along 15'Street Side—on(3) Side—on(1) Side—on(1) #Lots adjacent to 13 13 5 river #Lots with alley 24 27 20 access Cul de-sacs Private drive Private alley None serving 5 lots serving 3 lots Roadway Public street Public/private Public streets and ownership Public alleys streets alleys Private drive Private alleys y #Common area 5 5 3 open space lots Section 5. The City's environmental consultant has reviewed the most recent revisions to TTM 17425, 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 TIM 17425, as most recently revised would not result in greater impacts than the Resolution Number 6275 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 IRA- 2 and TRA-3 are necessary due to the roadway reconfiguration in TIM 17425, as revised, but that these modifications would not result in any new or greater impact than those identified in the Final EIR. The City Council finds based on its independent judgment that the comparative environmental analysis is correct and that no new impacts have been identified and no new mitigation measures are required for the most recent revision to TTM 17425. Section 6. Staff has recommended the conditions of approval of TIM 17425 ("Conditions") set forth in Exhibit B to this Resolution, which is hereby incorporated by this reference as if set forth in full. Section 7. Pursuant to 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 Seal Beach Municipal Code ("SBMC") Chapter 11.5.35 and Title 10, the City Council held a public hearing on June 25, 2012 to review the Final EIR and the Project, including the most recent revisions to TIM 17425 and to consider the recommendations of the Planning Commission. The record of the public hearing held by the City Council indicates the following: Section 8. All persons wishing to address the City Council 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 requests on various grounds. Section 9. After the close of the public hearing, the City Council adopted Resolution_, thereby(1) certifying the Final EIR, (2) making findings in support thereof, (3) adopting a Mitigation Monitoring and Reporting Program for the Project, and Resolution is hereby incorporated herein as if set forth in full. Section 10. On June 25, 2012, the City Council held a public hearing to review the project including TIM 17425, as revised. Section 11. Based upon substantial evidence in the record of the hearing regarding the Project,the City Council hereby finds as follows: a. TTM 17425, as revised and subject to the conditions recommended by staff 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 Project impacts below the level of significance. Section 12. The City Council finds further as follows regarding TIM 17425, as revised and subject to the Conditions recommended by staff: Resolution Number 6275 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 because it is relatively flat and immediately adjacent to existing residential neighborhoods which have been developed at a similar 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 because, as discussed in the Final EIR, the Project has been conditioned and revised so as to avoid any significant and unavoidable environmental impacts to biological resources. 4. The design of the subdivision and improvements are not likely to cause serious public health problems because, as discussed more fully in the Final EIR, the Project has been conditioned and revised so as to avoid any significant and unavoidable environmental impacts involving hazardous materials, hazardous traffic conditions, and other possible threats to public health. 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 because the tract map does not affect public access to the San Gabriel River bike trail and the conditions of approval require any public trust issues to be resolved prior to final map approval. 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 because, as discussed more fully in the Final EIR, the Project will not conflict with any water quality standard or waste discharge requirement. In particular, the Project will have to comply with the requirements of an approved Storm Water Pollution Prevention Plan and the NPDES Permit for General Construction Activities, including implementation of all Best Management Practices, as approved by the State Water Resources Quality Control Board. 7. Reports regarding soils and geological hazards have not indicated adverse soil or geological conditions; nor has the Applicant failed to provide adequate or sufficient information in this regard. As more fully discussed in the Final EIR, study and analysis of soils, geology, and seismicity, and of hazardous materials, demonstrate the Project will have no significant impacts in these regards. Section 13. TTM 17425, as most recently revised and subject to the Conditions recommended by staff, will promote the public health, safety, and welfare and is in the public interest. Section 14. Based on the foregoing facts and findings, the City Council hereby approves TTM 17425, as revised and subject to the Conditions recommended by staff. Section 15. This Resolution shall not go into effect unless and until the City Council also approves General Plan Amendment 11-1, Specific Plan Amendment 11-1, Zoning Map Amendment 11-1, and those approvals become effective. Section 16. The City Clerk shall certify to the passage and adoption of this Resolution. Resolution Number 6275 PASSED,APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 25th day of June , 2012 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Mayor ATTEST: City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine,City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution Number 6275 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 25th day of June , 2012. City Clerk Resolution Number 6275 "EXHIBIT A" Tentative Tract Map 17425, as revised June 11, 2012 (See Attachment 5 to the June 25, 2012 City Council Agenda Staff Report) Resolution Number 6275 "EXHIBIT B" Conditions of Approval for Tentative Tract Map 17425, as revised June 11, 2012 (See Attachment 6 to the June 25, 2012 City Council Agenda Staff Report)