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Home My WebLink AboutCC Res 5433 2006-02-13 RESOLUTION NUMBER 5433 I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING TENTATIVE PARCEL MAP 2003- 251, A REQUEST TO RESUBDIVIDE THREE PARCELS, INCLUDING CONSOLIDATION AND RECONFIGURATION OF EXISTING LOT LINES WITHIN THE PROPERTY LOCATED AT 1910-1920 ST. ANDREWS DRIVE AND 13904- 13970 SEAL BEACH BOULEVARD, SEAL BEACH WHEREAS, On November 16, 2005, Bumham USNSeal Beach Village LP applied for Tentative Parcel Map 2003-251 with the Department of Public Works and the Department of Development Services. WHEREAS, Pursuant to 14 Calif. Code of Regs. ~ IS02S(a) and ~ II.A of the City's Local CEQA Guidelines, staff has determined as follows: The application for Tentative Parcel Map 2003-251 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs ~ 15315 (Minor Land Divisions) because the division of property is in urbanized area zoned for residential use into four or fewer parcels when division is in conformance with the General Plan and zoning; and, pursuant to ~ 15061 (b)(3), because it can be seen with certainty that there is no possibility that the approval may have a significant effect on the environment. WHEREAS, A duly noticed public hearing was held before the Planning Commission on January IS, 2006 to consider the application for Tentative Parcel Map 2003-251. At the hearing the Planning Commission received into evidence all written and oral testimony presented. I WHEREAS, ,A duly noticed public hearing was held before the City Council on February 13, 2006 to consider the application for Tentative Parcel Map 2003-251. At the hearing the Planning Commission received into evidence all written and oral testimony presented. WHEREAS, The record of the City Council on February 13, 2006 indicates the following: (a) On November 16, 2005, Burnham USNSeal Beach Village LP applied for Tentative Parcel Map 2003-251 with the Department of Public Works and Department of Development Services. Specifically, the applicant is seeking approval to resubdivide 6.505 acres into three new parcels, including consolidation and reconfiguration of existing lot lines within the property. The three new lots meet the subdivision standard of 70 feet wide by 100 feet deep in the District 2, Service Commercial (C-I) zone. (b) The subject property is located at 1910-1920 Saint Andrews Dr. and 13904-13970 Seal Beach Boulevard, Seal Beach. I (c) The subject property is currently described as Orange County Assessor's Parcel Nurnbers 095-641-50, 095-641-53 and 095-641-54 and is located on the west side of Seal Beach Blvd., between St. Andrews Drive and Westminster Avenue. The three parcels comprise 6.505 acres of lot area. (d) The surrounding land uses and zoning are as follows: NORTH Across St. Andrews Drive, Commercial Uses in the Service Commercial (C-l) zone SOUTH Across Westminster Avenue, Commercial Uses in the General Commercial (C-2) zone Resolution Number 5433 EAST Across Seal Beach Boulevard, Seal Beach Naval Weapons Station in the Public Land Use!Recreation (pLUIR) zone WEST Residential Housing in the Residential High Density (RHD/PD) zone in Leisure World (e) In response to the mailed and published notice of this hearing staff has received no responses, written or other, to this request. I WHEREAS, Based upon the facts contained in the record, including those stated in ~ 4 of this resolution and pursuant to ~~ 21-7 and 21-11 of the City's Code, the City Council hereby finds as follows: (a) Tentative Parcel Map 2003-251 is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a Commercial-Service zoning designation for the subject property and permits subdivision of lots subject to the minimurn zoning standards. The commercial use is also consistent with the remaining elements ofthe City's General Plan, as the policies of those elements are consistent with, and reflected in, the Land Use Element. Accordingly, the proposed use is consistent with the General Plan. (b) The proposed lots are adequate in size, shape, topography and location to meet the needs of the proposed use of the property. The property of each of the new proposed lots is adequate in area, meeting the minimum lot size of 70 feet wide by 100 feet deep as specified in the Service Commercial (C-I) zone. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Seal Beach, California, based upon the foregoing, hereby approves Tentative Parcel Map 2003-251, subject to the following conditions: 1. Tentative Parcel Map 2003-251 is approved to create three reconfigured lots. I 2. Remove and replace concrete sections at: (I) The sidewalk adjacent to the Carl's Jr. Restaurant, and (2) the portion of the spandrel/cross-gutter areas prior to the bus pad. 3. Remove and replace the existing driveways (2 locations) along Seal Beach Blvd near the Carl's Jr. Restaurant. Specifically, the driveway after St. Andrews Drive and the driveway southerly of the restaurant, but before the gas station. 4. The relocation of the tree located in the path of the new driveway reconstruction. You will also reinstall the irrigation lines that service the affected tree. 5. Install additional 36-inch box trees as determined by the Director of Public Works. 6. The project shall comply with all sections as adopted in Resolution 5209, titled Public Works Standard Conditions of Approval for Vesting and Tentative and Tentative Subdivsion Maps, 2003 Edition. I 7. Construction on newly created lots shall adhere to building and use standards required by the Service Commercial (C-l) zone including density, setbacks, and height limits. 8. A final parcel map prepared by or under the direction of a registered civil engineer or licensed land surveyor shall be submitted to and approved by Resolution Number 5433 the City of Seal Beach prior to being filed with the Orange County Recorder. 9. A preliminary parcel map guarantee shall be provided which indicates all trust deeds (to include the name of the trustee), all easement holders, all fee interest holders, and all interest holders whose interest could result in a fee. The account for this title report shall remain open until the final parcel map is filed with the Orange County Recorder. I 10. Easements shall not be granted or recorded within any area proposed to be dedicated, offered for dedication, or granted for use as a public street, alley, highway, right of access, building restriction, or other easements until after the final parcel map is approved by the City of Seal Beach and filed with the Orange County Recorder, unless such easement is subordinated to the proposed dedication or grant. If easements are granted after the date of tentative approval, a subordination shall be executed by the easement holder prior to the filing of the final parcel map. II. All required off-site improvements shall be completed prior to the recordation of the final parcel map. Should any required off-site improvement not be completed within a 36 month period, an improvement security bond pursuant to the regulations of Chapter 5 of the Subdivision Map Act with denomination to be determined by said chapter thereof shall be issued to ensure that all the improvements will be completed in a timely manner. 12. I 13. All conditions from the City of Seal Beach Departments shall be incorporated into the parcel map prior to submitting the final parcel map for review. , . . / '... ,. .... Docum~ntation. shall be provided indicating the mathematical accuracy, title information and survey analysis of the parcel map and the correctness of all certificates. Proof of ownership and proof of original signatures shall also be required. 14. Upon submittal of the final parcel map for review by the City of Seal Beach, a letter signed by both the subdivider and the engineer shall be provided, which indicates that these individuals agree to submit 5 blueprints, one 8 Y:. x II copy, and one mylar of the recorded parcel map to the City of Seal Beach Public Works Department. 15. This Tentative Parcel Map shall become null and void unless exercised within twenty four (24) months of the date of final approval, or such extension of time as may be granted by the Planning Commission pursuant to a written request for extension submitted to the Department of Development Services a minimum of ninety (90) days prior to such expiration date. 16. I The applicant shall indemniJy, defend and hold harmless City, its officers, agents and employees (collectively "the City" hereinafter) from any and all claims and losses whatsoever occurring or resulting to any and all persons, firms, or corporations furnishing or supplying work, services, materials, or supplies in connection with the performance of the use permitted hereby or the exercise of the rights granted herein, and any and all claims, lawsuits or actions arising from the granting of or the exercise of the rights permitted by this Tentative Parcel Map, and from any and all claims and losses occurring or resulting to any person, firm, corporation or property for damage, injury or death arising out of or connected with the performance of the use permitted hereby. Applicant's obligation to indemniJy, defend and hold harmless the City as stated herein shall include, but not be limited to, paying all fees and costs incurred by legal Resolution Number 5433 counsel of the City's choice in representing the City in connection with any such claims, losses, lawsuits or actions, expert witness fees, and any award of damages, judgments, verdicts, court costs or attomeys' fees in any such lawsuit or action. PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach, at a meeting thereof held on the 13th day of February 2006, by the following vote: AYES: councilmember()-?1~"'~.2h],~ ~ )~I- I ~ v 1-' ,r NOES: Council member "K(JlnI ABSENT: Council member ~I ABSTAIN: Council member ~ d-4~ Mayor ATTEST: "'h~ tO~~ Ci Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) I I, Linda Devine, City Clerk of Seal Beach, California, do hereby certiJy that the foregoing resolution is the original copy of Resolution Number 5433 on file in the office of the City Clerk, passed, approved and adopted by the City Council of the City of Seal Beach, at a regular meeting thereof held on the 13th day of Februarv, 2006. ~ fk,;.~ City Clerk I