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HomeMy WebLinkAboutCC Res 5466 2006-05-22 RESOLUTION NUMBER 5466 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING TENTATIVE PARCEL MAP 2005- 311 AT 901-1101 PACIFIC COAST HIGHWAY, SEAL BEACH WHEREAS, On December I, 2005 Development Resource Consultants, on behalf of Regency Centers, submitted a request for a Tentative Parcel Map with the Department of Development Services. I WHEREAS, Pursuant to 14 Calif. Code of Regs. ~ 15300.1, this project is categorically exempt, in compliance with the provisions of the Califomia Environmental Quality Act. On December 7, 2005, the Planning Commission adopted Resolution No. 05-67, thereby adopting Mitigated Negative Declaration 05-5 for the Shopping Center Renovation and Reconstruction project located at 901-11 01 Pacific Coast Highway ("Project"). Based upon its independent review, the Planning Commission determined, on the basis of substantial evidence in the light of the whole record, that proposed Tentative Parcel Map 2005-311 does not constitute a substantial change in the Project and that proposed Tentative Parcel Map 2005-311 is within the scope of Mitigated Negative Declaration 05- 5. Pursuant to 14 Calif. Code of Regs. Sections 15164 and 15162, the Planning Commission adoptid'Addendum No.1. .' 'f. ~ ..,'. '. ''If I. .........' ....r...\ WHEREAs,:.x,dl1h'~ noiice-llt'l?ublic hearing was held before the Planning Commission on April 19, 2006 to co.rf~~etl:i,h:J:application for Tentative Parcel Map 2005-311. At the hearing the Planni~~mmissi~rl received into evidence all written and oral testimony , '~ ;:l..I/;'. '.~';(: presented. '~";. :. '" ;). ;'~"'~f ~&. ' ., 'I t'" .. \7J ~A'<"";' ,.i, '\ I.J"Pfi\{\\i,) WHEREAS, A~d~c'"e public hearing was held before the City Council on May 22, 2006 to consider the application for Tentative Parcel Map 2005-311. At the hearing the City Council received into evidence all written and oral testimony presented. I WHEREAS, The record of the City Council on May 22,2006 indicates the following: (a) On December 1, 2005 Development Resource Consultants, on behalf of Regency Centers, submitted a request for a Tentative Parcel Map with the Department of Development Services. The applicant proposes to subdivide the 7.9 acre parcel into five new parcels. The new lots meet the subdivision standard of 7,000 square feet oflot area in Planning District 5, Service Commercial (C-I) zone. (b) Beach. The subject property is located at 901-1101 Pacific Coast Highway, Seal (c) The subject property is currently described as Orange County Assessor's Parcel Numbers 043-260-02 and 043-260-03 and is located on the north side of Pacific Coast Highway, between Bolsa Avenue and Balboa Drive. The two parcels comprise 7.9 acres of lot area. (d) The surrounding land uses and zoning are as follows: WEST Across Bolsa Avenue, single family residences in the RLD (Residential Low Density) zone Across Pacific Coast Highway, commercial uses in the C-2 (General Commercial) zone, mix of single family and multi family uses in the RHD (Residential High Density) zone, and church and preschool uses in the PLUIR (Public Land UselRecreation) zone Across Balboa Drive, single family residences in the RLD (Residential Low Density) zone Across Main Street, commercial bank in the C-2 (General Commercial) zone I NORTH SOUTH EAST Resolution Number 5466 ( e) In response to the mailed and published notice of this hearing staff has received no responses, written or other, to this request. WHEREAS, Based upon the facts contained in the record, including those pursuant to ~~ 21-7 and 21-11 of the City's Code, the City Council hereby finds as follows: I (a) Tentative Parcel Map 2005-311 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 minimum zoning standards. The commercial use is also consistent with the remaining elements of the 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-l) zone. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Seal Beach, Califomia, based upon the foregoing, hereby approves Tentative Parcel Map 2005-311, subject to the following conditions: 1. Tentative Parcel Map 2005-311 is approved to create five lots. I 2. The project shall comply with all sections as adopted in Resolution 5209, titled Public Works Standard Conditions of ADDroval for Vesting and Tentative and Tentative Subdivision MaDS, 2003 Edition. 3. For the water systems, the following conditions shall apply prior to the recordation of the final parcel map: a. All water facilities located within the development are to be private. b. All meters and backflow prevention devices are to be located within the public right-of-way. c. Fire hydrant locations shall be approved by the Orange County Fire Authority. d. Fire flow calculations shall be submitted for review. e. Demolish existing 8-inch market fire service and vault. f. Install new USC approved double check detector assembly for new market, and for any other building requiring a fire service. Note proximity to existing fire hydrants. I g. Demolish all abandoned water services at the corporation stop on the City water mainline. h. All new and existing water meters to be installed or relocated out of driveways, alleyways and parking areas. i. Install new USC approved RP backflow on all new commercial services. J. Make provisions with the Public Works Director/City Engineer regarding the 6 inch mainline that is in conflict with the proposed drug store building pad. Resolution Number 5466 k. Relocate existing 1 inch and 1 Y:z inch meter at new electrical room. I. Relocate existing irrigation service and meter, and install new USC approved RP backflo,!\, prevention device. m. Request inspection at least 48 hours in advance of any work to the City's Chief Water Operator for all items listed above. 4. For the sewer systems, the following conditions shall apply pnor to the recordation of the final parcel map: I a. All sewers within the development shall be private. b. Provide oil water separator for fuel station. c. Provide calculations showing estimated sewage generation and adequacy of sewers. 5. For the stormwater pollution requirements, the following shall apply prior to the recordation of the final parcel map: a. Submit a Storm Water Pollution Prevention Plan prepared in accordance with GCASP guidelines. b. Submit a copy ofthe Notice of Intent (NOI). c. Submit a completed form of the Stormwater Treatment Certification Form e. Submit a Water Quality Management Plan. I d. Submit a Operation and Maintenance plan for structural BMPs. 6. Landscaping shall include pavers surrounding trees every 15-feet on center on the public right-of-way on the south side of Bolsa Avenue. Final paver selection and installation shall be approved by the Director of Public Works/City Engineer. 7. Sod shall be planted in the street parkways on both sides of Bolsa Avenue; the south side shall be permanently maintained by the shopping center. The final planting plan shall be approved by the Director of Public Works/City Engineer. 8. Repair damaged curblgutterlsidewalk on Pacific Coast Highway, Bolsa Avenue and Balboa Avenue as directed by the Director of Public Works/City Engineer. A plan for the locations and construction shall be submitted by the applicant for approval by the Director of Public Works/City Engineer. 9. The applicant shall obtain necessary approvals for the project from the Califomia Department of Transportation (CaITrans). 10. All missing trees within public rights-of-way shall be replaced with palm trees of equal size or equivalent as approved by the Director of Public Works/City Engineer. I 11. 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. 12. Documentation shall be provided indicating the mathematical accuracy, title information and survey analysis of the parcel map and the correctness of all certi ficates. Proof of ownership and proof of original signatures shall also be required. Resolution Number 5466 I 13. The applicant shall 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 fumishing 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 22nd day of Mav 2006, by the following vote: AYES: Council Members !kn/;;t;,o J ~..abn I ~) ~.le~ NOES: Council Members . ~I ABSENT: Council Members ~ I ABSTAIN: Council Members l ~.ht)-Y11a I dnwv~ Mayor ATTEST: :i. ., ~~~I ~~ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) I I, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify that the foregoing resolution is the original copy of Resolution Number 5466 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 22nd day of Mav 2006.