HomeMy WebLinkAboutCC AG PKT 2012-07-09 #M AGENDA STAFF REPORT
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DATE: July 9, 2012
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Greg Hastings, Interim Director of Community Development
SUBJECT: ORDINANCE NO. 1620 ADOPTING SPECIFIC PLAN
AMENDMENT 11-1 AND ZONING MAP AMENDMENT
11-1; RESOLUTION NO. 6274 ADOPTING GENERAL
PLAN AMENDMENT 11-1; RESOLUTION NO. 6275
APPROVING TENTATIVE TRACT MAP 17425
(REVISED); RESOLUTION NO. 6276 APPROVING A
DISPOSITION AND DEVELOPMENT AGREEMENT
(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 consider: (1) adopting Ordinance No. 1620
adopting Specific Map Amendment 11-1 and Zoning Map Amendment 11-1;
(2) adopting Resolution No. 6274 adopts General Plan Amendment 11-1; (3)
adopting Resolution No. 6275 approving TTM 17425 as revised; and (4) adopting
Resolution No. 6276 approving a disposition and development agreement
("Agreement").
BACKGROUND AND ANALYSIS:
RELATED ACTIONS
On June 25, 2012, the City Council conducted a public hearing to consider an
application submitted on behalf of Bay City Partners, LLC, to develop the City of
Los Angeles Department of Water and Power ("DWP") Specific Plan area with a
32-lot residential development on 4.5 acres and 6.4 acres for public open
space/passive recreation purposes ("Open Space"). Upon the conclusion of the
public hearing, the City Council adopted Resolution No. 6273 to certify the Final
Environmental Impact Report ("EIR"), make certain findings and adopt the
Mitigation Monitoring and Reporting Program. Thereafter, the Council introduced
Ordinance No. 1620 adopting Specific Map Amendment 11-1, as revised by the
Council prior to its introduction and Zoning Map Amendment 11-1.
Agenda Item M
The Applicant has offered to donate Open Space to the City, and to exchange
land including the existing driveway to the 1st Street beach parking lot for a
portion of City-owned land at the corner of 1st Street and Marina Drive, upon
Coastal Commission approval of the project. A draft disposition and
development agreement that addresses the donation and exchange has been
prepared for your consideration.
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 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 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
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. Ordinance 1620 to approve SPA 11-1 is attached as Attachment 1.
Page 2
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
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:
o 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."
o Under the "Goals, Objectives and Polices" 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:
's Provide a comprehensive plan for this area by providing for a
mix of visitor-serving open space and residential use.
Page 3
Limit residential uses to the northern portion of the DWP site
with permitted uses including single unit residential.
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."
O "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.
o "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.
o 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. Draft Resolution 6274 adopting GPA 11-1 is Attachment 2.
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.
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. Exhibit B to draft Ordinance 1620 (Attachment 1) is ZMA 11-1.
Page 4
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-
lot subdivision on the same 4.5 acres.
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, the applicant
submitted a 32-lot subdivision, which is the version of TIM 17425 before the
Council for its consideration. TTM 17425, as revised, is Exhibit A to Attachment
3 (Draft Resolution 6275).
TTM 17425 subdivides the northerly 4.5 acres of the site into 32 lots suitable for
detached single family residences. Residential lot sizes would range from 3,144
to 5,787 square feet with averaged 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 the initial 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 less
than half that which was originally proposed. This also results in those lots
increasing in width to at least 50 feet. Other material differences between TTM
17425, as revised, and the initial submittal are summarized in the following table:
Tentative Tract Tentative Tract
17425 Map 17425
Original Revised
Submittal
#Residential lots 48 32
Lot size range 2,680-3,280 3,144—5,787
(s.f.)
Lot width range 25—25.5' 30—58'
Lot depth range 107— 115' 100-142'
Central Way No Yes
alignment?
Page 5
Tentative Tract Tentative Tract
17425 Map 17425
Original
Submittal Revised
# Lots south of
northerly ROW
boundary of 14 0
Central Way
projection
Lot orientation Side—on (3) Front—on (8)
along 1 Street Side—on (1).
# Lots adjacent to 13 5
river
# Lots with alley 24 20
access
Cul-de-sacs Private drive None
serving 5 lots
Roadway Public street Public streets and
ownership Public alleys alleys
Private drive
#Common area 5 3
open space lots
Pursuant to 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
Page 6
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.
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 potion 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 proposed 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.
In the event the Applicant receives City and Coastal Commission approval of the
Project, the Applicant will donate the Open Space to the City. Such area will be
used for open space and passive recreational uses in accordance with the DWP
Specific Plan.
Disposition and Development Agreement
As stated above, if the Coastal Commission approves the Project, the Applicant
would donate the Open Space to the City. In addition, the City and Applicant will
exchange the land that includes the existing driveway to the 1st Street beach
parking lot for a portion of City-owned land at the corner of 1st Street and Marina
Drive.
Page 7
A draft Agreement (See Attachment 4) has been prepared for the Council's
consideration containing the following terms:
• The green fence currently surrounding the property would be removed by
September 28, 2012 unless the City's actions are challenged by a referendum
or legal challenge.
® If the Coastal Commission approves the project:
o Bay City Partners would donate the Open Space to the City with a
deed restriction limiting its use to open space purposes and right of
reversion in the event the property ceases to be used as open space.
o The City would initiate street vacation proceedings for the portion of 1st
Street at Marina Drive. If the City approves the vacation, the vacated
street would be conveyed to BCP in exchange for the Driveway Parcel
providing access to City's beach parking lot.
® The City would agree not to interfere with DCOR's license and easement for a-
pipeline and to not allow any other oil or gas pipelines beneath the Open
Space without Bay City Partners' approval.
The City Attorney has reviewed the Agreement and approves it as to form.
RECOMMENDATION:
Staff requests that the City Council consider: (1) adopting Ordinance No. 1620
adopting Specific Map Amendment 11-1 and Zoning Map Amendment 11-1;
(2) adopting Resolution No. 6274 adopting General Plan Amendment 11-1; (3)
adopting Resolution No. 6275 approving TTM 17425 as revised; and (4) adopting
Resolution No. 6276 approving a disposition and development agreement
("Agreement").
SUBMITTED BY: NOTED A D APPROVED:
It
Greg Hast gs u". Ingram, Cit,a):nager
Interim Director of Community Development
Attachments:
1. Ordinance No. 1620 adopting Specific Plan Amendment 11-1 and Zoning Map
Amendment 11-1.
2. Draft Resolution 6274 adopting General Plan Amendment 11-1.
3. Draft Resolution 6275 approving Tentative Tract Map 17425, as revised.
4. Draft Resolution 6276 approving a disposition and development Agreement with Bay City
Partners.
Page 8