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HomeMy WebLinkAboutCC Ord 1620 2012-07-09ORDINANCE NUMBER 1 620 ORDINANCE OF THE CITY OF SEAL BEACH ADOPTING SPECIFIC PLAN AMENDMENT 11 -1 AND ZONING MAP AMENDMENT 11 -1 TO AMEND THE DEPARTMENT OF WATER AND POWER SPECIFIC PLAN TO AUTHORIZE RESIDENTAL USE THEREIN AND THE SEAL BEACH ZONING MAP TO MODIFY THE BOUNDARIES OF THE SPECIFIC PLAN AREA THE SEAL BEACH CITY COUNCIL HEREBY ORDAINS AS FOLLOWS: Section 1. Bay City Partners ( "Applicant ") has submitted an application to amend the Department of Water and Power Specific Plan ( "Specific Plan ") to allow residential uses on the property commonly known as the DWP site ( "site ") in the City of Seal Beach ( "City ") on the northerly 4.5 acres of the site. The existing Specific Plan designation of open space for the southerly portion of the site would remain unchanged for 6.4 acres of the site. In addition to other required actions, the application requires amendments to the Specific Plan to allow residential use on the site and the Zoning Map to modify the boundary of the Specific Plan area. Section 2. On June 6, 2012, the Planning Commission recommended that the City Council approve Specific Plan Amendment 11 -1 and Zoning Map Amendment 11 -1. Section 3. On June 25, 2012, the City Council held a public hearing to review the application 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., Seal Beach Municipal Code ( "SBMC ") Chapters 11.5.35 and 11.5.15 and SBMC Section 11.5.15.040. Section 4. Upon the close of the public hearing, the City Council adopted Resolution No. 6273, certifying an Environmental Impact Report ( "EIR ") and making findings in connection therewith. The findings in Resolution No. 6273 are hereby incorporated by this reference as though set forth in full. Section 5. Pursuant to SBMC Section 11.5.15.040, the City Council considered 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. 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 150 room hotel with a 35 -foot height limit. A 35 -foot high, 150 room hotel would have a number of adverse impacts on adjacent residential uses, including but not limited to increased traffic potentially 24 hours a day, increased traffic congestion, negative impacts on views and vistas and excessive noise and glare. Section 6. The City Council hereby finds that Specific Plan Amendment 11 -1 is consistent with the City's General Plan, as amended by General Plan Amendment 11 -1. The City Council further finds that Zoning Map Amendment 11 -1 is consistent with the City's General Plan, as amended by General Plan Amendment 11 -1, and consistent with the Specific Plan, as amended hereby. Section 7. Based on the foregoing, the City Council hereby: A. Adopts Specific Plan Amendment 11 -1 to amend the Specific Plan to read as set forth in Exhibit A; and Ordinance Number 1620 B. Adopts Zoning Map Amendment 11 -1 to amend the City's official Zoning Map to reflect the changes depicted in Exhibit B. Section 8. Exhibits A and B are hereby incorporated by this reference as though set forth in full. The City Clerk is hereby authorized and directed to take all steps necessary to implement these amendments. Section 9. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at a regular meeting held on the 9th day of July , 2012. STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } Mayor I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the foregoing Ordinance was introduced for first reading at a regular meeting held on the 25th day of June , 2012 and was passed, approved and adopted by the City Council at a regular meeting held on the 9th day of July , 2012 by the following vote: AYES: Council Members: NOES: Council Members: ABSENT: Council Members: ABSTAIN: Council Members: t'l'-' 14114° 74n P n,/ And do hereby further certify that Ordinance Number 1620 has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. 1 1 1 Ordinance Number 1620 1 EXHIBIT "A" City of Los Angeles Department of Water and Power Specific Plan (as amended July 9, 2012) 1 1 CITY OF LOS ANGELES DEPARTMENT OF WATER AND POWER SPECIFIC PLAN (As amended July 9, 2012) City of Seal Beach Community Development Department 211 Eighth Street Seal Beach, California 90740 (562) 431 -2527 1 1 1 1 1 Department of Water and Power Specific Plan July 9, 2012 SECTION A: INTRODUCTION 1. AUTHORITY AND SCOPE California Government Code Section 65450 et. seq. and Seal Beach Municipal Code Chapter 11.5.15.005 authorize the City of Seal Beach ( "City ") to adopt and amend the DWP Specific Plan. A Specific Plan may include all detailed regulations, conditions, programs, and proposed legislation which may be necessary or convenient for the systematic implementation of each element of the General Plan. In addition, Division 20 of the California Public Resources Code (California Coastal Act of 1976) requires the submission of zoning ordinances, zoning district maps or other implementing actions to the Coastal Commission following local government adoption. 2. PURPOSE AND INTENT The DWP Specific Plan provides for the classification and development of property described in Exhibit A (the "Specific Plan area ") as a coordinated comprehensive project to realize the benefits of integrated community planning. The concepts, regulations and conditions established by the DWP Specific Plan, as amended, implement the City's General Plan by providing for the development of detached, single family dwellings and public open space. The DWP Specific Plan, as amended, establishes the type, location, intensity, and character of future development, while providing for creative and imaginative community design concepts. Zoning regulations, development standards and other regulations have been incorporated into the DWP Specific Plan in return for increased development sensitivity and community amenities to serve the present and future Seal Beach residents and visitors. 3. LOCATION The DWP Specific Plan governs that property generally between the San Gabriel River Channel to the west, First Street to the east, Marina Drive to the north and the public beach on the south, described with more particularity in the legal description attached hereto as Exhibit A and incorporated by this reference. Attached hereto as Exhibit B and incorporated by this reference is the Land Use Development Plan. 4. NOTES AND CONDITIONS A. Unless otherwise specified, all development within the DWP Specific Plan shall comply with the City of Seal Beach Municipal Code ( "Municipal Code "). Terms used herein shall have the same meaning as defined in the Municipal Code unless otherwise defined herein. B. Any details or issues not specifically covered by this Specific Plan shall be subject to the regulations of the Municipal Code. 2 DWP Specific Plan Revised through July 9, 2012 C. The approval of development within the Specific Plan area shall be governed by Municipal Code Chapter 11.5.15.005 and applicable portions of Section 65450 et seq. of the California Government Code. D. All construction within the boundaries of the Specific Plan shall comply with all provisions of the California Building Code and the various mechanical, electrical, plumbing, fire and security codes adopted by the City of Seal Beach as established by the Municipal Code. E. Modifications to the Specific Plan that do not give rise to a conflict with the intent of the Specific Plan as approved may be approved by the City Manager. F. Environmental assessment for any development shall be completed prior to final action on the project. G. Any land use designation not specifically included in the DWP Specific Plan shall not be permitted. H. If any regulation, condition, program or portion thereof of the Specific Plan is for any reason held invalid or unconstitutional by any court of competent jurisdiction., such portion shall be deemed a separate, distinct and independent provision, and the invalidity of such provision shall not affect the validity of the remaining provisions hereof. I. A seven member Advisory Committee shall provide citizen input and review of all matters relating to this Specific Plan. 3 DWP Specific Plan Revised through July 9, 2012 1 1 1 1 SECTION B: LAND USE DEVELOPMENT PLAN/ GENERAL DEVELOPMENT STANDARDS 1. LOCATION The general location of all principal land uses is shown in Exhibit B, Land Use Development Plan. All construction within the Specific Plan area shall conform to Exhibit B and the Development Standards. The general Development Standards provide continuity for the Specific Plan area by providing generalized standards for residential uses. 2. LAND USE CATEGORIES The only land uses permitted within the Specific Plan area are Residential Use and Open -Space Use as shown on Exhibit B. 3. RESIDENTIAL USES A. Location As shown on the Land Use Development Plan (Exhibit B), no residential parcels shall be permitted south of an imaginary western prolongation of the northerly Central Way right -of -way line. The legal description of the area that includes the residential development is attached hereto as Exhibit C. B. Permitted Use Not to exceed 32 single -unit detached residential units. Home Occupations and Accessory Uses, as permitted in the Municipal Code in the Residential High Density -20 District. 4. OPEN SPACE USE A. Location As shown on the Land Use Development Plan (Exhibit B), the contiguous area south of an imaginary westerly prolongation of the northerly right -of -way line of Central Way shall be open space. The legal description of the area designated "Open Space ", attached hereto as Exhibit D, includes this contiguous area. B. Permitted Uses Public parks, green belts, bike trails, nature trails, hiking trails, and any passive recreational uses normally located in parks or open spaces. 4 DWP Specific Plan Revised through July 9, 2012 S. CIRCULATION The street system shall be located as generally shown on the Land Use Development Plan, Exhibit B. Final alignments shall be reviewed by the City Engineer in accordance with Seal Beach Municipal Code Title 10. All streets shall conform to the standards approved by the City Engineer. 6. BUILDING HEIGHT A. Residential The maximum building height shall not exceed 25 feet. B. Open Space To ensure the passive nature of the open space area, only light standards and park benches shall be allowed, and the height of said Light standards shall not exceed 15 feet. 7. PARKING As required by the Municipal Code. 8. DEVELOPMENT STANDARDS The maximum number of single - family dwelling units permitted in the Specific Plan area shall be thirty -two (32). Residential uses must generally conform to the development standards applicable to Residential High Density (RHD -20) development in Old Town Seal Beach. As noted below, the residences in Old Town do not share a uniform design standard. Development in Old Town is instead guided by lot dimensions, location, physical limitations and orientation. To ensure the appropriate application of the RHD -20 development standards in the Specific Plan area so that development of residential uses there is both compatible with existing residential uses in Old Town and promotes diversity, the Community Development Director may issue official written Code interpretations to disclose the manner in which the RHD -20 development standards will be applied in the Specific Plan area in future cases. Any interpretation may be superseded by a later interpretation when the Director determines that the earlier interpretation was in error or no longer applicable under the current circumstances. Such interpretations shall be maintained on file with the City. 9. ARCHITECTURE AND DESIGN Development of residential uses in the Specific Plan area should be architecturally similar to existing residential development in Old Town Seal Beach. Old Town does not have a uniform design standard. Architectural design is instead guided by lot dimensions and the development 5 DWP Specific Plan Revised through July 9, 2012 1 1 standards for the RHD -20 District. This has resulted in a characteristically eclectic mix of interesting architectural styles. Because residential development in the Specific Plan area will take place on similarly shaped lots and under the same RHD -20 development standards, it will be architecturally compatible with Old Town. Additional architectural standards may also be implemented through private Covenants, Conditions, and Restrictions (CC &Rs). 10. UTILITIES All utilities shall be underground. 11. REQUIRED SUBMITTALS Applications for development shall be made in accordance with the procedural requirements of the Seal Beach Municipal Code. 6 DWP Specific Plan Revised through July 9, 2012 EXHIBIT "A" LEGAL DESCRIPTION "SITE MAP DWP SPECIFIC PLAN AREA" THAT PORTION OF LAND SITUATED IN THE CITY OF SEAL BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF CERTIFICATE OF COMPLIANCE NO. 2009- 01, RECORDED MARCH 10, 2009 AS INST. NO. 2009000109534, OFFICIAL RECORDS OF SAID COUNTY AND A PORTION OF THE TIDE LAND LOCATION NO. 137 AS DESCRIBED IN THE QUITCLAIM DEED RECORDED JANUARY 25, 2007 AS INST. NO. 20070000052124, • OFFICIAL RECORDS OF SAID COUNTY AND SHOWN ON RECORD OF SURVEY NO. 2002- 1090 RECORDED IN BOOK 193, PAGE 47 OF RECORDS OF SURVEY, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY AND A PORTION OF FIRST STREET AND MARINA DRIVE, PUBLIC ROADWAYS DESCRIBED AS FOLLOWS: ALL OF PARCELS 1, 4, 5 AND 6 OF SAID CERTIFICATE OF COMPLIANCE NO 2009 -01 AND PARCEL 2 OF SAID CERTIFICATE OF COMPLIANCE 2009 -01 EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL 2; THENCE ALONG THE NORTHWESTERLY LINE OF SAID PARCEL NORTH 55 °46'12" EAST 101.79 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTHWESTERLY LINE NORTH 55 °46'12" EAST 89.76' FEET TO THE BEGINNING OF A NONTANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 326.00 FEET, A RADIAL BEARING TO SAID CURVE BEARS NORTH 54 °22'38" WEST; THENCE SOUTHWESTERLY 75.33 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 13°14'21"; THENCE NONTANGENT NORTH 68 °01'12" WEST 4073 FEET TO THE TRUE POINT OF BEGINNING. TOGETHER WITH THAT PORTION OF THE TIDE LAND LOCATION NO. 137, IN THE CITY OF SEAL BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS DESCRIBED IN THE QUITCLAIM DEED RECORDED JANUARY 25, 2007 AS DOCUMENT NO 2007 - 000052124 OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AS SHOWN ON RECORD OF SURVEY NO. 2002 -1090 RECORDED IN BOOK 193, PAGE 47 OF RECORDS OF SURVEY, IN THE OFFICE OF SAID COUNTY RECORDER, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF PARCEL 2 OF SAID CERTIFICATE OF COMPLIANCE 2009 -01; THENCE ALONG THE NORTHWESTERLY LINE OF SAID PARCEL NORTH 55 °46'12" EAST 101.79-FEET; THENCE NORTH 68 °01'12" WEST 58.91 FEET TO THE NORTHWESTERLY LINE OF THE LAND DESCRIBED IN THE QUITCLAIM DEED RECORDED JANUARY 25, 2007 AS DOCUMENTED NO. 2007-000052124 OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, ALSO SAID LINE BEING THE SOUTHEASTERLY LINE OF THE LOS ANGELES COUNTY FLOOD CONTROL CHANNEL, SAME BEING A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 2000.00 FEET, A RADIAL BEARING TO SAID POINT.BEARS NORTH 68 °21'13" WEST; THENCE ALONG SAID NORTHWESTERLY DEED LINE THE FOLLOWING TWO COURSES: 1. NONTANGENT SOUTHWESTERLY 82.02 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02 °20'59 "; 1 2. THENCE NONTANGENT SOUTH 19 °00'21" WEST 2.61 FEET TO THE POINT OF BEGINNING. AND PARCEL 3 OF SAID CERTIFICATE OF COMPLIANCE 2009 -01 EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL 3; THENCE SOUTHEASTERLY ALONG THE SOUTHWESTERLY RIGHT -OF -WAY OF MARINA DRIVE AS SHOWN ON SAID CERTIFICATE OF COMPLIANCE 2009 -01, SOUTH 43 °01'03" EAST, 34.37 FEET TO THE TRUE POINT OF BEGJNNING, SAID POINT ALSO BEING THE BEGINNING OF TANGENT CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 940.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE AND RIGHT -OF -WAY, THROUGH A CENTRAL ANGLE OF 3 °51'23 ", AN ARC DISTANCE OF 63.27 FEET TO A NON - TANGENT POINT IN THE MOST EASTERLY LINE OF SAID PARCEL 3. A RADIAL BEARING TO SAID POINT BEARS NORTH 43 °07'34" EAST. THENCE SOUTHEASTERLY ALONG SAID LINE, SOUTH 04 °04'51" EAST, 3.39 FEET; THENCE NORTH 43 °01'03" WEST, 65.85 FEET TO THE TRUE POINT OF BEGINNING. AND THAT PORTION OF FIRST STREET, A PUBLIC ROADWAY, DESCRIBED AS FOLLOWS: BEGINNING AT AFOREMENTIONED POINT "A "; THENCE NORTH 32 °17'25" EAST, 379.60 FEET ALONG A LINE PARALLEL TO AND 30.00 FEET NORTHWESTERLY OF THE CENTERLINE OF FIRST STREET AS SHOWN ON SAID CERTIFICATE OF COMPLIANCE 2009 -01; THENCE NORTH 05 °21'49" WEST, 30.54 FEET; THENCE NORTH 43 °01'03" WEST, 40.15 FEET TO A POINT IN THE MOST EASTERLY LINE OF PARCEL 3 OF SAID CERTIFICATE OF COMPLIANCE NO. 2009 -01; THENCE SOUTHEASTERLY ALONG SAID LINE, SOUTH 04 °04'51" EAST, 29.50 FEET TO A POINT IN THE SOUTHEASTERLY LINE OF SAID PARCEL 3; THENCE SOUTHWESTERLY ALONG SAID LINE, SOUTH 25 °22'45" WEST, 332.42 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 10.885 ACRES, MORE OR LESS. ALL AS SHOWN ON EXHIBIT "A -1" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. PREPARED BY: EXHIBIT "A-1" SITE MAP DWP SPECIFIC PLAN AREA .12 "E N70'42'12"W (R) N68'21'13 "W (R1o4 50, N55 46 \ a � 4 Co ��.O N o ,e( �1bO Oh of ^^') w s \2:—II c0 DWP SITE 'S ‘-‘1'4) • Dc • \A\ < 1 9 / / ` % \ i. / \ \ .,;<.\\,,,K,, i \ \ y /' /' ti \� \\\ «,/,4 \ \. \ \ \\ �, , <,, \ \\\ , \\\\\\*\\\\ \'). / C`\ \ \ \\ \ -,`\\ \ ‘ \)' ZA( \ \\ .y ` \ ` \ \ `,> \�/ �� \ \ \\)/- \ \ \ \ \ \\ y �N� /' \ �\ / / �' iLi2>> / / // /', ` ` / I / // // / \ 10.885 AC. PREPARED IN THE OFFICE OF: Case Land Surveying, Inc. Surveying Mapping GPS Services 614 Eckhoff St. Orange, CA. 92868 Tel (714) 628 -8948 Fax(714) 628 -8905 ,, T�OF CPL L.S. 5411 C TY OF SEAL BEACH SITE MAP — DWP SPECIFIC PLAN AREA CERTIFICATE OF COMPLIANCE NO. 2009 -01, RCRD 3/10/2009, INSTR. 2009000109534, COUNTY OF ORANGE, STATE OF CALIFORNIA. SHEET OF 1 JOB N.Q. 11- SEA -791 Notes; 1. For purposes of determining building setbacks, Lots 1 through 7 shall have an average 12' and minimum 6' front yard setback along Manna Drive and a 5' minimum rear yard setback along Street. Lots 28 through 32 shall have an average 12' and minimum 6' front yard setback along the river and a 5' minimum rear yard setback along "A' Street. 2. Solid fencing along Manna Drive shall not exceed a height of 42 inches (as measured on the side of fencing facing Marina Drive) within ten (10) feet of the Marina Drive right -of -way. The area between any such fencing and the Manna Drive right -of -way shall be landscaped and properly maintained by the homeowner. 3. Lot 22: The 6'9' required building setback area along 1st Street shall be landscaped and shall not contain any fencing or hedges above 4T in height as measured on the east side of the fencing / hedges facing First Street.The main entrance to the house shall be located on the east side of the building facing 1st Street.The building elevation facing east towards 1st Street shall have architecturally enhanced articulation, indicative of a typical front elevation of a residence. Exhibit "B" AOCA /IC 1,17 "MC j • / i • OFF -SITE • I DEDICATION s ,I; ' ZONE CHANCE I AR PARK/OPEN SPACE Lt? r IST STREET • I I I III - I I 0 Land Use Development Plan •-1 . ( STREET vACATION .I EXHIBIT "C" LEGAL DESCRIPTION "PROPOSED RESIDENTIAL PROJECT AREA" THAT PORTION OF LAND SITUATED IN THE CITY OF SEAL BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF CERTIFICATE OF COMPLIANCE NO. 2009- 01, RECORDED MARCH 10, 2009 AS INST. NO. 2009000109534, OFFICIAL RECORDS OF SAID COUNTY AND A PORTION OF THE TIDE LAND LOCATION NO. 137 AS DESCRIBED IN THE QUITCLAIM DEED RECORDED JANUARY 25, 2007 AS INST. NO. 20070000052124, OFFICIAL RECORDS OF SAID COUNTY AND SHOWN ON RECORD OF SURVEY NO. 2002- 1090 RECORDED IN BOOK 193, PAGE 47 OF RECORDS OF SURVEY, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY AND A PORTION OF FIRST STREET AND MARINA DRIVE, PUBLIC ROADWAYS DESCRIBED AS FOLLOWS: ALL OF PARCEL 1 OF SAID CERTIFICATE OF COMPLIANCE NO 2009 -01 AND PARCEL 2 OF SAID CERTIFICATE OF COMPLIANCE 2009 -01 EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL 2; THENCE ALONG THE NORTHWESTERLY LINE OF SAID PARCEL NORTH 55 °46'12" EAST 101.79 FEET TOTHE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTHWESTERLY LINE NORTH 55 °46'12" EAST 89.76 FEET TO THE BEGINNING OF A NONTANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 326.00 FEET, A RADIAL BEARING TO SAID CURVE BEARS NORTH 54 °22'38" WEST; THENCE SOUTHWESTERLY 75.33 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 13°14'21"; THENCE NONTANGENT NORTH 68 °01'12" WEST 40.73 FEET TO THE TRUE POINT OF BEGINNING. TOGETHER WITH THAT PORTION OF THE TIDE LAND LOCATION NO. 137, IN THE CITY O F SEAL BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS DESCRIBED IN THE QUITCLAIM DEED RECORDED JANUARY 25, 2007 AS DOCUMENT NO 2007 - 000052124 OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AS SHOWN ON RECORD OF SURVEY NO. 2002-1090 RECORDED IN BOOK 193, PAGE 47 OF RECORDS OF SURVEY, IN THE OFFICE OF SAID COUNTY RECORDER, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF PARCEL 2 OF SAID CERTIFICATE OF COMPLIANCE 2009 -01; THENCE ALONG THE NORTHWESTERLY LINE OF SAID PARCEL NORTH 55 °46'12" EAST 101.79 FEET; THENCE NORTH 68 °01'12" WEST 58.91 FEET TO THE NORTHWESTERLY LINE OF THE LAND DESCRIBED IN THE QUITCLAIM DEED RECORDED JANUARY 25, 2007 AS DOCUMENTED NO. 2007 - 000052124 OFFICIAL RECORDS IN THE • OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, ALSO SAID LINE BEING THE SOUTHEASTERLY LINE OF THE LOS ANGELES COUNTY FLOOD CONTROL CHANNEL, SAME BEING A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 2000.00 FEET, A RADIAL BEARING TO SAID POINT BEARS NORTH 68 °21'13" WEST; THENCE ALONG • SAID NORTHWESTERLY DEED LINE THE FOLLOWING TWO COURSES: 1. NONTANGENT SOUTHWESTERLY 82.02 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02 °20'59 "; 1 1 2. THENCE NONTANGENT SOUTH 19 °00'21" WEST 2.61 FEET TO THE POINT OF BEGINNING. AND PARCEL 3 OF SAID CERTIFICATE OF COMPLIANCE 2009 -01 EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL 3; THENCE SOUTHEASTERLY ALONG THE SOUTHWESTERLY RIGHT -OF -WAY OF MARINA DRIVE AS SHOWN ON SAID CERTIFICATE OF COMPLIANCE 2009 -01, SOUTH 43 °01'03" EAST, 34.37 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT ALSO BEING THE BEGINNING OF TANGENT CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 940.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE AND RIGHT -OF -WAY, THROUGH A CENTRAL ANGLE OF 3 °51'23 ", AN ARC DISTANCE OF 63.27 FEET TO A NON - TANGENT POINT IN THE MOST EASTERLY LINE OF SAID PARCEL 3. A RADIAL BEARING TO SAID POINT BEARS NORTH 43 °07'34" EAST. THENCE SOUTHEASTERLY ALONG SAID LINE, SOUTH 04 °04'51" EAST, 3.39 FEET; THENCE NORTH 43 °01'03" WEST, 65.85 FEET TO THE TRUE POINT OF BEGINNING. AND A PORTION OF PARCEL 6 OF SAID CERTIFICATE OF COMPLIANCE 2009 -01 DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL 6; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL, SOUTH 25 °22'45" WEST 49.91 FEET; SAID POINT HERINAFTER REFERRED TO AS POINT "A "; THENCE CONTINUING ALONG SAID SOUTHEASTERLY LINE, SAID LINE ALSO BEING NORTHWESTERLY RIGHT -OF -WAY OF FIRST STREET, SOUTH 32 °17'25" WEST 60.20 FEET; THENCE LEAVING SAID SOUTHEASTERLY LINE NORTH 57 °44'43" WEST 321.92 FEET;.THENCE NORTH 74 °58'38" WEST 88.88 FEET; THENCE NORTH 17 °33'54" EAST 179.66 FEET; THENCE NORTH 15 °01'22" WEST, 74.66 FEET TO THE NORTHERLY LINE OF SAID PARCEL 6; THENCE ALONG SAID NORTHERLY LINE SOUTH 63 °58'48" EAST 188.53 FEET TO THE NORTHERLY CORNER OF SAID PARCEL 6, BEING THE BEGINNING OF A NONTANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 746.78 FEET, A RADIAL BEARING TO SAID CURVE BEARS SOUTH 68 °46'16" WEST; THENCE SOUTHEASTERLY 274.54 FEET ALONG SAID CURVE AND ALONG THE NORTHEASTERLY LINE OF SAID PARCEL THROUGH A CENTRAL ANGLE OF 21°03'51"; THENCE CONTINUING ALONG SAID NORTHEASTERLY PARCEL LINE SOUTH 42 °17'35" EAST 37.07 FEET TO THE POINT OF • BEGINNING. AND THAT PORTION OF FIRST STREET, A PUBLIC ROADWAY, AS SHOWN ON FINAL ORDER OF CONDEMNATION, RECORDED MARCH 23, 1977 IN BOOK 12115, PAGE 201 OF OFFICIAL RECORDS DESCRIBED AS FOLLOWS: BEGINNING AT AFOREMENTIONED POINT "A "; THENCE NORTH 32 °17'25" EAST, 379.60 FEET ALONG A LINE PARALLEL TO AND 30.00 FEET NORTHWESTERLY OF THE CENTERLINE OF FIRST STREET AS SHOWN ON SAID CERTIFICATE OF COMPLIANCE 2009 -01; THENCE NORTH 05 °21'49" WEST, 30.54 FEET; THENCE NORTH 43 °01'03" WEST, 40.15 FEET TO A POINT IN THE MOST EASTERLY LINE OF PARCEL 3 OF SAID CERTIFICATE OF COMPLIANCE NO. 2009 -01; THENCE SOUTHEASTERLY ALONG SAID LINE, SOUTH 04 °04'51" EAST, 29.50 FEET TO A POINT IN THE SOUTHEASTERLY LINE OF SAID PARCEL 3; THENCE SOUTHWESTERLY ALONG SAID LINE, SOUTH 25 °22'45" WEST, 332.42 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 4.462 ACRES, MORE OR LESS. ALL AS SHOWN ON EXHIBIT "C -1" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. PREPARED BY: I�1 V. CASE, L.S. No. 5411 IR 1 1 1 EXHIBIT "C- l " ti POR. TIDE LAND LOCATION NO. 137, \ �? • QUIT CLAIM DEED, REC. 01/25/07 < >& INSTR. 2007 - 000052124 ib ` o \ ,� 0 1 s ? r4J94 / \ e7 4.0 1TX / `s8 6g• /,`� p. 101'g: \ 'use:�0 ;ti °0. \ \mss• ' ?g3 \ 55 4%12 "E 6-36' 6, \\416, o*•�• I �o 96. 104.50. N. ■ / .533. \ 4� 13 oQ. \t'QJ \ \\ itd 0' \\97%, I PARCEL 2 \ \ �J� CERTIFIC CERTIFICATE 2009'01. \ COMPLIANCE 1 \ REC. p3200gp0 10g534, PORTION CERTIFICATE OF 09.01, COMPLIANCE 2 4 REC. 03/10/09 53 INSTR. 20 OF PARCEL. 6 a 4.462 AC. 0 r \\ \/ 4- / / ER f "Np1. 3/23I RE 0•R' //4);z/ 20 N. T. S. PREPARED IN THE OFFICE OF: Case Land ,Surveying, Inc. Surveying Mapping GPS Services 614 Eckhoff St. Orange, CA. 92868 Tel (714) 628 -8948 Fax (714) 628 -8905 0 0. ux \ft/ NOEM,TPG \ 0 12,15 vAND SCR No. 5411 Exp. 9/30/12 s�q i c)F cp0 \Q' RY V. CASE L.S. 5411 ITY OF SEAL BEACH PROPOS D R SIDENTIAL PROJECT AREA POR. OF rERTIFICATE OF COMPLIANCE NO. 2009 -01, RCRD 3/10/2009, INSTR. 2009000109534, & POR. TIDE LAND LOC. NO. 137, & POR. 1ST ST. & MARINA DR. COUNTY OF ORANGE, STATE OF CALIFORNIA. SHEET OF 1 JOB ■s,. 11 -SEA -791 1 EXHIBIT "D" LEGAL DESCRIPTION "OPEN SPACE" • THAT PORTION OF LAND SITUATED IN THE CITY OF SEAL BEACH, COUNTY OF ORANGE, •STATE OF CALIFORNIA, AND BEING PARCELS 4, 5, AND A PORTION OF PARCEL 6 OF CERTIFICATE OF COMPLIANCE NO. 2009-01, RECORDED MARCH 10, 2009, AS INSTRUMENT NO. 2009000109534 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST EASTERLY CORNER OF SAID PARCEL 4, SAID POINT ALSO BEING AT THE SOUTHWESTERLY RIGHT OF WAY OF OCEAN AVENUE, 80.00' IN WIDTH AS SHOWN ON SAID CERTIFICATE OP COMPLIANCE; THENCE ALONG THE BOUNDARY . LINES OF SAID PARCEL 4 THE FOLLOWING COURSES, SOUTH 32° 17' 25" WEST, 273.93' TO AN ANGLE POINT; THENCE NORTH 57° 53' 35" WEST, 55.32 FEET TO AN ANGLE POINT; THENCE NORTH 21° 50' 35" WEST, 366.64 FEET TO AN ANGLE POINT; THENCE CONTINUING ALONG SAID BOUNDARY LINE OF PARCEL 4 AND CONTINUING ALONG THE NORTHWESTERLY LINE OF SAID PARCEL 5, NORTH 25° 31' 25" EAST, 78.63 FEET TO AN ANGLE POINT; THENCE CONTINUING ALONG SAID NORTHWESTERLY LINE OF PARCEL 5, NORTH 21° 26' 49" EAST, 80.01 FEET TO AN ANGLE POINT; THENCE LEAVING SAID NORTHWESTERLY LINE PARCEL 5 AND ALONG THE BOUNDARY OF SAID PARCEL 6 THE FOLLOWING COURSES, NORTH 28° 13' 48" WEST, 45.71 FEET TO AN ANGLE POINT; THENCE NORTH 07° 01' 12" EAST, 69.96 FEET TO AN ANGLE POINT; THENCE NORTH 13° 01' 12" EAST, 547.80 FEET TO AN ANGLE POINT; THENCE SOUTH 63° 58' 48" EAST, 93.14 FEET TO AN ANGLE POINT; THENCE LEAVING SAID BOUNDARY. OF, PARCEL 6, SOUTH'15° 01' 22" WEST, 74.66 FEET TO AN ANGLE POINT; THENCE SOUTH 17° 33' 54" WEST, 179.66 FEET TO AN ANGLE POINT; THENCE SOUTH 74° 58' 38" EAST, 88.88 FEET TO AN ANGLE POINT; THENCE SOUTH 57° 44' 43" EAST, 321.92 FEET TO THE SOUTHEASTERLY LINE OF SAID PARCEL 6 AND ALSO THE NORTHWESTERLY RIGHT OF WAY .OF FIRST STREET, 60.00 FEET IN WIDTH,AS SHOWN ON SAID CERTIFICATE OF COMPLIANCE; THENCE ALONG SAID SOUTHEASTERLY LINE OF PARCEL 6 AND CONTINUING ALONG THE SOUTHEASTERLY LINE OF PARCEL 5, AND ALSO SAID NORTHWESTERLY RIGHT OF WAY OF FIRST STREET, SOUTH 32° 17' 25" WEST, 488.82 FEET TO THE MOST SOUTHERLY CORNER OF SAID PARCEL 5; 1 THENCE LEAVING SAID SOUTHEASTERLY LINE OF PARCEL 5, AND ALSO SAID NORTHWESTERLY RIGTH OF WAY OF FIRST STREET, AND ALONG THE NORTHEASTERLY LINE OF SAID PARCEL 4, AND ALSO THE SOUTHWESTERLY RIGHT OF WAY OF OCEAN AVENUE, 80.00 FEET IN WIDTH, AS SHOWN ON SAID CERTIFICATE OF COMPLIANCE, SOUTH 54° 44' 12" EAST, 60.08 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 6.424 ACRES, MORE OR LESS. ALL AS SHOWN ON EXHIBIT "B -1" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. PREPARED BY: 1 -l8 Y V. CASE, L.S. No. 5411 N. T. S. 41- e4b � t 1rhi) i Ge/ 50 CO Id Pi) p1 6.424 AC. s32 1 POINT OF BEGINNING \ o L kJ rn o SON O W LI rn 11 OI—V Oop O 0j Q — OLuOtnz ' QUU O— b,$$:6/ —i • - -dr 71\ AND S[/ so No.5411 Exp. 9I30112 OF CPS -\TO V. CASE L.S. 5411 PREPARED INTIIE OFFICE OF: Case Land Surveying, Inc. Surveying Mapping GPS Services 614 Eckhoff St. Orange, CA. 92868 Tel (714) 62B -8948 Fax(714) 628 -8905 • ITY OF SEAL BEACH CITY PARCEL PARCELS 4, 5, AND POR. OF PARCEL 6 CERTIFICATE OF COMPLIANCE NO. 2009 -01, RCRD 3/10/2009, INSTR. 2009000109534, COUNTY OF ORANGE, STATE OF CALIFORNIA. SHEET OF JOB Ng. 11- SEA -791 1 Ordinance Number 1620 1 EXHIBIT "B" Zoning Map Amendment 1 1 EXHIBIT "B" ZONING MAP AMENDMENT Existing Unzoned Proposed Specific Plan Regulation Zone Existing Unzoned Proposed Specific Plan Regulation Zone Existing Service Commercial District Zone Proposed Specific Plan Regulation Zone Existing Specific Plan Regulation Zone Proposed Service Commercial District Zone • • - - • • _....---- . I - ------ - - fn'. = I 1 . IL I 1 2.1 r I . ;'••• • I 1 • • • I i : • I . • • . . : 1!I 1 1 1 PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, County of Orange I am a citizen of the United States and a resident of the county afore- said; I am over the age of eighteen years, and not a party to or inter- ested in the above - entitled matter. I am the principal clerk of the printer of the SEAL BEACH SUN, a newspaper of general circulation, printed and published weekly in the City of Seal Beach, County of Orange and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Orange, State of California, under the date of 2/24/75. Case Number A82583; that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: ZS\tX¼k 19 all in the year 2012. I certify (or declare) under penalty of perjury that the foregoing is true and, correct. Dated at Seal Beach CA, is IBC day of I .& L Y 01 �-� Signature PUBLICATION PROCESSED BY: THE SEAL BEACH SUN 216 -Main Street Seal Beach, CA 90740 (562) 430 -7555 , 201 This space is for the County Clerk's Filing Stamp Proof of Publication of .S U-`M'M A R-Y' :ORDI= .11,.5.15.046 :.. . .z • •• r NANCE NUMBER'1'620 !; ar'e;h term incorporated' by t ,. .S, . , : , ., • Section 4; Opon.the closes this reference as- though set :O,[RDIiNAN- et :'O'F THE. !Council'adopt'd.Resolutonte.fi ,rthe ebull. uthori ty- _Clerk ': CITY!,,OF1'SEAL'BEACH' No:16273; 'certifying -ah.. • Directed to take all steps nec- AM PTING ST CIFI LAN Environmental Impact Report.:.. ;essary-:to implement these: r EIFi ")•and''making.findings := amendment's. ' :ZONING TO MAP END. E THE' in connection therewith. The i' ' • Section • 9:' The City -Clerk r findings. in',Resolutton No, shall .certify to -the pas -: ;AND POWER SPEC'IFEC, 6273 are hereby incorpo - -, -sage and adoption of this rated`. by this reference as, Ordinance and shall- cause, :PL; A.N'.TO.'AUTHORIZE:, though•set.forthLn full. r the same'.er.a 'summary jRESIDENTALUSETHEREIN 'Section 5.- Pursuant -:tor ' y AND .THE''SEAL BEACH'' thereof. to -.be, published SBMC Section 11.5:15.040, ; � •• • •- "ZONING:MAP•TO•MODIFY, the:City= Council considered(' a required by ,the -manner' a •THE BOUNDARIES OF THE g required by; law. • , . the site's base•zonin district: • = - -• • ' 'SPECIFIC P.L'AN AREA•'= , Viand .existingiohing,the,height;' - PASSED,.,APPROVED �T•H•E • 'SEAL ' B E A C H -of :existing buildings immedi -; AND ADOPTED-by the City *CITY ' COUNCIL - 'HEREBY ..atelysurrounding the site and Council :of :the City ,of Seal, AS FOBLL O CS :' - the; effeot. of the. proposed" Beach 'ea-regular-Meeting t ' Y y building height on; the areas held on the :9th da of Jul - Partners ( "Applicant" )'•has; sur`rounding.the site. The site y y' submitted'ai1 application to, is. in the: p.redominantly"resi;- amend the; Department of; dential"OldTown"areaofthe, /s1• Michael P:,•Levitt; Water..and Power Specific Mayor•.. - ,- •} City: Olimit: a identi is foot STATE ORCALIFORNIA Plan•('. Specific Plan =) Wallow; height limit. Residential:stnie } residential uses on the ,,prop:'. GOUNTY OF- ORANGE } ,P P Plan authorized the sO ect• • SS Y • - ' ertycgrtfmonly known as the• plan 11 -1 -would be subject CITY OF SEAL BEACH DWP site'( "site ') in the City to. a 25 -foot height limit and.: - } . of Seal Beach ( "City") on-the •,the same development.stan ' . I; Linda Devine; .City Clerk • northerly :4' 5 acres_ of • the dards •generally. applicableT ty site. The'existin Specific. of :the-City..of Seal Beach, • Plan= _designation ofpo en to".Residential.HigE- Density- do hereby certify that the 9 P (RHD 20).developrnent in.01d4 space fb the-southerly� pori Town. -B contrast; the.exist; foregoing Ordinance was :- tion. of'the ;site would remain .ing. Specific•Pian authorizes 1 •a regular uced:f meeting at unchanged "for 6:4 'acres • the Commercialuse.of,a.150; •a regular meeting held on the' of the site: In addition 'to room hotel :with -ia ,35, foot' . a rth day of app oved and "ath ligation requiired amend'- height Iimit.:A 35 foot high;; adopted-by the C City Council' ments,to thus ecific,Plan to ;150„room 'hotel:'would .have a. at opted-lar meeting held.on • allow •resident al -use on the a ntimber'ofad identiimpaots . the 9th •day of July, 20.12 by: on adjacent. residential uses, / , ..site and the Zoning !Map' to including -but not•limited• :tol- the,following•vote' • modify; the ,boundary'bf the increased traffiic' potentially' `AYES: Council Members Specific: Pian'�area. • ' 24. hours. •a• day, increased i' • theePlannitig'Co e6 s on� traffic'•congestion, :negative t - Shanks, Sloan`itt,':Miller,; 9 'Commission; •vis -.} NOES:rCouncil,Members:' ' recominended.that the,City tasand•.excessive noise aril u• 'Council approve Specific glare. -i.- l .None:•..:,.. -t - Zoani-ri mendmAmendmendtl and.. 6.,The City Councils • Memb• ers: None:C o tin c-i I, 11-1: 9'•' p ; hereby finds. that. Specific.' eritb TAIN-:::Council • Plan• Amendment .1_1:-1, pis . • •Section `3:: Oh. •June'251 •.consistent •with.the,Cit's - ' —Meml I'ereone•'� :_ ' 2012; the .City_Couhcil held, .6 General Plan, :as amended • : And do hereby further.ce r : 2. -e•'public,lieeririg fo review' b ' General, PlanAmendment ,,tify.that•Orbeence Number , the'application' pursuant fot!11' - -1 The City Council-. 1620 .been published the California Environrnentalt'the�- finds. that Zoning.Map: pursu:has nt to the -Seal Beach - Quality •Act;` Cal.'2-Pub Res. Amendment;1 l• =1' is.consis City�Cha28 and Resolution • Code §.21;000' et'ski?. tert with;the:City's General: Number 2836.' - ( "GEQA "),,•the.State CEQAI :Plan,asamendedbyGeneral•1: Copies620 Ordinance Guidelines;; !14; ;C.0 R� §1. Plan Amendment)1-1-, 'and. Number•. :1620;am' available • 15000•ettseq ,Seal Beach i:consistent with -the Specific, on the City.'stwebsite (from . Wlunic p "al Code (' +SBMC ")'t Plan; as•amen`ded hereby. • 1'6' a. Rice ca :gov).or•from' ••Chapters 11 '..5T35•''and .:Section•,7-. Based on,the't, a office of the City Clerk; 11.5'.1'5 and -SBMC- Section' foregoing, :the•City Council • City Hall, 211 .8th 'Street, �' • • hereby -� • : - Seal Beach; telephone.(562)' rile6d opts, l-1 t arhean •431- 2527.. ' • ' . = Amegdmific Ra 1 o.read nd , DATED THIS, 10th day •of • the Specific Ran to ,read as:, -July 2012 set forth in Exhibit A; and •L'inda Devine, CityClerk .- B. Adopts. Zoning. Map 'City_017 al.Beach. Amendment.l1- 1:.to,amend, SB -617. - the. City,'.s;.official ;Zoning .-ublished'im-the Seal Beach. ' Map;•to reflect -the changes : Sun 7/19/2012 depicted in Exhibit Bf ' - . - Sedton;8.:Exhibits A'and B • INTENTIONALLY LEFT BLANK 1 1 1 City of Seal Beach Department of Water and Power Specific Plan Amendment Final Environmental Impact Report Mitigation Number Mitigation Measure Implementation Responsibility Timing Monitoring Responsibility im Ting VERIFICATION OF COMPLIANCE Initials Date Remarks to and southwest of Central Avenue) of the existing pipeline within the alley to the east of the project site between 15" and 2nd Streets shall be upgraded to an eight -inch pipeline. The new and upgraded sewer pipeline dimensions and locations shall be determined in consultation with the City's Public Works Engineer. Final • June 2012 Monitoring and Reporting Program 3 -59 Mitigation