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Home My WebLink AboutCC Res 5403 2005-11-14 .' .'. .1 RESOLUTION NUMBER 5403 I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 2005-237, A REQUEST TO SUBDIVIDE TWO EXISTING PARCELS, EACH 37.5 FEET IN WIDTH, INTO THREE 25 FEET WIDE LOTS AT 231, 233, AND 235 15th STREET, SEAL BEACH WHEREAS, On September 2, 2005, George Brown applied for Tentative Parcel Map 2005-237 with the Department of Public Works and the Department of Development Services. WHEREAS, Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~ II.A of the City's Local CEQA Guidelines, staff has determined as follows: The application for Tentative Parcel Map 2005-237 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 October 26, 2005 to consider the application for Tentative Parcel Map 2005-237. At the hearing the Planning Commission received into evidence all written and oral testimony presented and approved Tentative Parcel Map 2005-237 through Planning Commission Resolution 05-61. I WHEREAS, A duly noticed public hearing was held before the City Council on November 14, 2005 to consider the application for Tentative Parcel Map 2005-237. At the hearing the Planning Commission received into evidence all written and oral testimony presented. WHEREAS, The record of the City Council on November 14, 2005 indicates the following: (a) On September 2, 2005, George Brown applied for Tentative Parcel Map 2005-237 with the Department of Public Works and Department of Development Services. Specifically, the applicant is seeking approval of subdivision of two existing parcels, each being 37.5 feet in width, into three 25 feet wide lots. The new lots meet the subdivision standard of 25 feet wide by 100 feet deep in the District 1 Residential Medium Density zone. (b) The subject property is located at 231 to 235 15th Street, Seal Beach. I ( c) The subject property is The subject property is currently described as Orange County Assessor's Parcel Numbers 043-132-04 and 043-132-05 and is located on the west side of 15th Street, between Electric Avenue and Landing Avenue. The two parcels comprise 7,500 square feet oflot area. (d) The surrounding land uses and zoning are as follows: NORTH SOUTH EAST Residential Housing in the Residential Medium Density (RMD) zone Residential Housing in the Residential Medium Density (RMD) zone Across 15th Street, Residential Housing in the Residential Medium Density (RMD) zone Across 12' wide alley, Residential Housing in the Residential Medium Density (RMD) zone WEST Resolution Number 5403 (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 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 2005-237 is consistent with the provisions of I the Land Use Element of the City's General Plan, which provides a Residential Medium Density zoning designation for the subject property and permits subdivision of lots subject to the minimum zoning standards. The residential 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 25 feet wide by 100 feet deep as specified in the Residential Medium Density (RMD) zone. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Seal Beach, California, based upon the foregoing, the City Council hereby approves Tentative Parcel Map 2005-237, subject to the following conditions: Tentative Parcel Map 2005-237 is approved to create three 25 feet wide by 100 feet deep lots. Construction on newly created lots shall adhere to building and use standards required by the Residential Medium Density (RMD) zone including density, setbacks, and height limits. I Parkway Trees shall be required and placed at an interval of one to a lot, with said lot described within Tentative Parcel Map 2005-237. Parkway trees shall be 24" box with root barriers, if determined necessary by Public Works, and shall adhere to the City of Seal Beach "Street Tree Policy and Administrative Guidelines". The developer shall plant turf or ground cover and shall install an irrigation system within the parkway area for each said lot described within Tentative Parcel Map 2005-237. The developer shall install the above landscaping and trees within the parkway prior to final inspection for the residential structures. A final parcel map prepared by or under the direction of a registered civic engineer or licensed land surveyor shall be submitted to and approved by the City of Seal Beach prior to being filed with the Orange County Recorder. 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. Easements shall not be granted or recorded within any area proposed to be dedicated, offered for dedication, or granted for nse 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. I Applicant shall install new curb, gutter and sidewalk in front of subject street frontage. The applicant shall comply with all appropriate conditions of approval for vesting and .-,.;'. '" ~...:.. :.-1' Resolution Number 5403 tentative subdivision maps per Resolution No. 5209 City of Seal Beach. 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. I 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. Documentation 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. 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 11 copy, and one mylar of the recorded parcel map to the City of Seal Beach Public Works Department. 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. I The applicant shall indenmify, 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 attorneys' fees in any such lawsuit or action. PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach this 14th day of November ,2005 by the following vote: I AYES: Council Members~hAJ/ ~~ )fJd-J-h/~ NOES: Council Members ~ '; ABSENT: Council Members ~/ ABSTAIN: Council Members ~'" ATTEST: ~~2 Mayor ~- ~dA. i Clerk ~ Resolution Number 5403 STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify that I the foregoing Resolution is the original copy of Resolution Number 5403 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 meeting thereof held on the 14th day of November. 2005. ~/1jM Iikl Ci Clerk I I .-