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Home My WebLink AboutCC Res 5457 2006-04-24 RESOLUTION NUMBER 5457 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING TENTATIVE PARCEL MAP NO. 2005-257 (400 MARINA DRIVE PROJECT) I THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY FIND, DETERMINE AND RESOLVE: Section 1. On November 21, 2005 Schwendener Corporation submitted requests for a General Plan Amendment, Zone Change and Tentative Parcel Map with the Department of Development Services. Section 2. The proposed project seeks approval of the following actions, as requested by Schwendener Corporation: · Amend the Land Use and Housing Elements of General Plan to designate a 13,667 square foot, 0.31.acre, property from Commercial General to Residential High Density; · Change the zoning designation on this parcel from General Commercial (C-2) to Residential High Density (RHD), District I to be consistent with the General Plan reVIsIOn; · Approve Tentative Parcel Map 2005-257 to create 4 parcels on the approximately 0.31 acres, with a minimum parcel size of2,937.5 square feet. I Section 3. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) the City prepared "Initial Study/Mitigated Negative Declaration 06-1, General Plan Amendment 06-1, Zone Change 06-1 and Tentative Parcel Map 2005-257 - 400 Marina Drive Project' (SCH# 2006021131), which was circulated for public review and comment from February 23, 2006 to March 27, 2006, in compliance with the provisions of the Califomia Environmental Quality Act. Section 4. A duly noticed public hearing was held before the Planning Commission on April 5, 2006 to consider the subject Mitigated Negative Declaration and the requested land use applications. At the public hearing, the Planning Commission invited and considered any and all testimony offered in favor or opposition to said Mitigated Negative Declaration and land use applications. Section 5. A duly noticed public hearing was held before the City Council on April 24, 2005 to consider the applications. At the public hearing, the City Council invited and considered any and all testimony offered in favor or opposition to said revised applications. Section 6. Applicant seeks to establish the following uses as part of the 400 Marina Drive Project: (a) Tentative Parcel Map No. 2005-257 will create four new parcels for residential development on the subject property. Below is a summary of the proposed parcels for Parcel Map 2005-257: I Parcel Number Prooosed Use Gross Area Parcel 1 Parcel 2 Parcel 3 Parcel 4 Residence Site Residence Site Residence Site Residence Site TOTAL 0.0674 acres (2,937.5 sq. ft.) 0.0674 acres (2,937.5 sq. ft.) 0.0674 acres (2,937.5 sq. ft.) 0.1114 acres (4.854.5 sa. ft.) 0.3137 acres (13,667 sq. ft.) Section 7. Based upon substantial evidence in the record of the hearing, including the facts stated in Sections 1 through 6 of this resolution, and in the environmental documentation prepared in conjunction with this project, and pursuant to ~~ 28-2600 and 28-2602 of the City's Code, the City Council hereby finds: Resolution Number 5457 (a) The proposed Tentative Parcel Map is beneficial to the short term and long term land use goals of the City of Seal Beach; will promote the public health, safety and welfare; and is in the public interest. (b) The proposed Map is consistent with applicable General Plan elements and the proposed development application in that the Map will establish new parcels that are consistent with said plans. (c) The design of the parcel map will not interfere with existing easements, acquired by the public or utilities that serve the public. I (d) The site is physically suitable for the proposed subdivision. ( e) The design of the subdivision is not likely to cause substantial environmental damage as all mitigation measures contained in Mitigated Negative Declaration 06-1 to protect the environment will be implemented. (f) Pursuant to Sections 15070 through 15075 of the CEQA Guidelines, a Mitigated Negative Declaration has been prepared. This subdivision is within the scope of the Mitigated Negative Declaration, which adequately describes the general environmental setting of the project and mitigation measures identified to reduce all identified impacts to "Less Than Significant With Mitigation Incorporated". No additional environmental documentation is needed. Section 8. Based upon the foregoing, the City Council of the City of Seal Beach does approve Tentative Parcel Map No. 2005-257, subject to the following conditions. Applicant shall: I. Comply with all mitigation measures established by the City Council, including but not limited to the measures set forth in the "Mitigation Monitoring Program" for "Initial Study/Mitigated Negative Declaration 06-1, General Plan Amendment 06-1, Zone Change 06-1 and Tentative Parcel Map 2005-257 - 400 Marina Drive Project (SCH# 2006021131)". I 2. Remove and replace all damaged concrete curb and gutter, sidewalk, and pavement. 3. Remove existing driveway approaches and install new driveways as shown on plans. New curb and gutter shall be installed in areas where existing driveway approaches have been removed. 4. Install additional 36-inch box trees within the public right-of-way as determined by the Director of Public Works. 5. The project shall comply with all sections as adopted in Resolution 5209, titled Public Works Standard Conditions of AoorovaI for Vesting and Tentative and Tentative Subdivision Maos, 2003 Edition. 6. Repair all damaged concrete in the alley to the nearest full slab. 7. Install sanitary sewer laterals in conformance to city standards for each lot. 8. Install water service laterals and meters in conformance to city standards for each lot. I 9. Install all required utilities in an underground location to the satisfaction of the Director of Public Works. 10. Commission a street light study to determine if additional street lighting is needed. Install additional streetlights as needed. The developer shall pay for all costs associated with the study and all streetlights installed. Resolution Number 5457 II. Not construct driveways providing ingress 'or egress to and from Marina Drive or 4'h Street. Vehicle access shall be from the alley. 12. Incorporate all conditions from the City of Seal Beach Departments into the parcel map prior to submitting the final parcel map for review. I 13. Provide documentation indicating the mathematical accuracy, title information and survey analysis of the parcel map and the correctness of all certificates. Demonstrate ownership and original signatures to the satisfaction of the Director of Public Works. 14. Concurrently with the submittal of the final parcel map for review by the City, submit a letter signed by both the subdivider and the engineer which indicates that the applicant will provide 5 blueprints, one 8 V. x II copy, and one mylar of the recorded parcel map to the City of Seal Beach Public Works Department upon the map's recordation. I 15. Indemnify, 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 indemnify, defend and hold harmless the City as stated herein shall include, but not be limited to, paying all fees and costs incurred by legal 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 24th day of April, 2006, by the following vote: AYES: Councilmembers ()'/}1-b1tJ ~/,.d'h ~ f/loJ~ }".I'7- ..(It. I , I r NOES: Councilmembers ~ ABSENT: Councilmembers ~ j ~~~ ??~ Charles Antos Mayor ~. 'h/;4 md DeVIne City Clerk 4)~ I STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF SEAL BEACH } } } SS I, Linda Devine, City Clerk of Seal Beach, California, do hereby certify that the foregoing resolution is the original copy of Resolution Number 5457 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 rn~eting :r;;fhel~ on the 24th day of April , 2006. ~-Vl4 ,lIh..1 md Devine City Clerk