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HomeMy WebLinkAboutPC Res 17-12 - 2017-05-01RESOLUTION NO. 17 -12 A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION APPROVING INITIAL STUDY /MITIGATED NEGATIVE DECLARATION WITH MITIGATION MONITORING PROGRAM AND TENTATIVE TRACT MAP 17925 TO SUBDIVIDE PROPERTY BY CONSOLIDATING THREE PARCELS INTO ONE PARCEL IN ORDER TO CREATE FOUR 28.14 FT. WIDE BY 100.05 FT. PARCELS AND A FIFTH PARCEL OF 112.57 FT. WIDE BY 100.05 FT. DEEP AT 232 -244 17TH STREET IN THE RESIDENTIAL HIGH DENSITY (RHD -20) ZONING AREA THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. Phillip LoSasso ( "the applicant ") on behalf of the property owner JCC Seal Beach, LLC (Kenneth B. Adler, Adrienne B. Adler, Allan M. Katz, Marche E. Katz and Richard Grossgold), submitted an application to the City of Seal Beach Department of Community Development and Public Works - Engineering Department for Tentative Tract Map 17925, included as "Attachment A" to this Resolution. The proposed project includes consolidating three (3) existing parcels into one .52 -acre lot and then subdividing that .52- acre lot into five new parcels in the Old Town area in the Residential High Density (RHD -20) zoned area. Section 2. The proposed Tentative Tract Map constitutes a project that is subject to review under the California Environmental Quality Act (CEQA) 1970 (Public Resources Code, Section 21000 at seq.) and the State CEQA Guidelines (California Code of Regulations, Section 15000 at seq.). Based on the findings of an Initial Study, a Mitigated Negative Declaration with Mitigation Monitoring Reporting Program was prepared pursuant to Section 21080(c) of the Public Resources Code. Section 3. The Initial Study /Mitigated Negative Declaration with Mitigation Monitoring Reporting Program was circulated for public comment from February 9, 2017 through March 13, 2017. The proposed project with the Initial Study /Mitigated Negative Declaration with Mitigation Monitoring Reporting Program was presented to the Environmental Quality Control Board ( "EQCB ") at a duly noticed public meeting on February 22, 2017, during the public comment period. The EQCB issued comments on the proposed Initial Study /Mitigated Negative Declaration with Mitigation Monitoring Reporting Program which were forwarded to the Planning Commission for review by the Commission in connection with its review and action on the proposed Initial Study /Mitigated Negative Declaration with Mitigation Monitoring Reporting Program and project. Section 4. A duly noticed public hearing was held before the Planning Commission on May 1, 2017 to consider the Initial Study /Mitigated Negative Declaration with Mitigation Monitoring Program and proposed Tentative Tract Map 17925. At the public hearing, the Planning Commission received into the record all evidence and testimony provided on this matter. The record of the hearing indicates the following: Page t of 9 Resolution 17 -12 232 through 244 17'" Street A. The subject property consists of three oddly shaped parcels with a total lot area of approximately 22,524 sq. ft. or (.52 acres). The consolidated property is approximately 225.12 feet wide by 100.05 feet deep. The subject site is surrounded by residential uses. B. The subject property is currently developed with the north lot containing one single family residence and attached storage, and the southern lot containing one single - family residence; the center lot is a vacant old railroad property acquired by the property owners to the north and south. C. The applicant is requesting approval of Tentative Tract Map 17925 to consolidate the three existing parcels into one parcel in order to then subdivide the .52 acre lot into five new lots. The northern -most new lot will be 112.57 ft. wide by 100.05 ft. deep while the other four lots will each be 28.14 ft. wide by 100.05 ft. deep. D. The applicant proposes to demolish the existing single - family residence on the southern -most lot; and proposes to construct one new single - family residence with attached two-car garage on each of the four (4) new smaller lots and to leave the existing single family residence with attached storage on the larger, wider lot to the north. A total of three (3) new single - family residences with two -car garages will be created along with the existing single - family residence to be retained. Section 5. Environmental Determination. A. The Initial Study /Mitigated Negative Declaration and Mitigation Monitoring Program included therein, collectively attached hereto as Exhibit A, have been completed in compliance with the CEQA Guidelines. The Planning Commission has independently reviewed and considered the Initial Study/Mitigated Negative Declaration and Mitigation Monitoring Reporting Program included therein, all of the public comments, and comments from the EQCB, both written and oral, about the Initial Study /Mitigated Negative Declaration and Mitigation Monitoring Reporting Program, and all of the other evidence that was presented to the Planning Commission, including the staff reports prepared for the Planning Commission, prior to taking action on the proposed project. The Planning Commission finds that the Initial Study /Mitigated Negative Declaration and Mitigation Monitoring Reporting Program were prepared in the manner required by law and that there is no substantial evidence in the record of proceedings that, with the imposition of the proposed mitigation measures, the approval of the project would result in a significant adverse effect upon the environment that would require the preparation of an environmental impact report ( "EIR "). The Initial Study /Mitigated Negative Declaration adequately discusses the environmental effects of the proposed project. On the basis of the Initial Study and comments received during the public hearing process, the Planning Commission finds that the proposed project, with implementation of mitigation measures set forth in the Mitigated Negative Declaration and Mitigation Monitoring Reporting Program included therein, will not have significant impacts on the environment. B. For the foregoing reasons, and based on the information and findings included in the record before the Planning Commission, including the staff report, Initial Study /Mitigated Negative Declaration and Mitigation Monitoring Reporting Program, and all Page 2 of 9 Resolution 17 -12 232 through 244 17" Sheet public comments, all of which are hereby incorporated by reference, the Planning Commission hereby certifies that the Mitigated Negative Declaration has been prepared in compliance with CEOA, adopts the Mitigated Negative Declaration, and adopts the Mitigation Monitoring Reporting Program, which are attached hereto and incorporated herein by this reference as Exhibit "A ". Section 6. Based upon the facts contained in the record, including those stated in the preceding Section of this resolution and pursuant to Chapter 10.20.020 — 10.20.025 of the Seal Beach Municipal Code, the Planning Commission makes the following additional findings: A. The proposed Tentative Tract Map, including design and improvements, is consistent with the General Plan or any applicable specific or precise plan. Tentative Tract Map No. 17925 is proposed at 232 through 244 17th Street which is designated as Residential High Density in the City of Seal Beach General Plan. The General Plan states that the Residential High Density Land Use designation encourages architectural and economic diversity. The subject site consists of three parcels; two contain single - family residences and the center parcel is vacant. The site property is not located within a specific plan or precise plan area. Tentative Tract Map No. 17925 proposes to consolidate the three parcels in order to create five new parcels. Four parcels will each be developed with a two - story single - family residences and a two -car garage. The fifth new parcel will maintain an existing single - family residential structure with detached storage. The proposed subdivision is consistent with the land use designation and the permitted density of the area. The proposed residential development on the newly formed parcels will be consistent with the surrounding area and in conformance with the General Plan designation because the parcels will be consistent in size and shape with the surrounding area. B. The site is physically suitable for the type or proposed density of development in that Seal Beach Municipal Code Section 11.2.10.015 requires lots in the Old Town Residential High Density (RHD -20) zoning area to maintain minimum dimensions of 25 ft. wide by 100 ft. deep. Tentative Tract Map No. 17925 proposes to subdivide a 0.52 acres site, which will consolidate three existing legal parcels and create five new parcels. The proposed parcels will meet the minimum lot size required for the creation of new lots within the RHD -20 zone. The proposed subdivision will comply with the uses and density permitted in the RHD -20 zone as regulated by the Seal Beach Municipal Code. C. The design of the subdivision, or the proposed improvements, is not likely to cause substantial environmental damage or injure fish or wildlife or their habitat. The subject property is currently developed as single - family residences with an accessory structure and is located in an urbanized area surrounded by developed residential uses. The subject site is surrounded by residential uses. The subject site is located in an urbanized area with no fish or wildlife habitat on the subject site because the site has already been developed and maintained as a residential use. A Mitigated Negative Declaration and Mitigation Monitoring Reporting Program was prepared to address potential environmental impacts from the proposed subdivision and found that there are no impacts to the fish or wildlife with mitigation. Page 3 of 9 Resolution 17 -12 232 through 244 17° Street D. The design of the subdivision or type of improvements is not likely to cause serious public health problems. Tentative Tract Map No. 17925 proposes to consolidate three parcels into one and subdivide it into five parcels at 232 through 244 17th Street. The existing residential use has operated at the subject site without causing public health problems of any kind. The four smaller subdivided parcels will be developed with single family residences which is consistent with the surrounding uses. The Mitigated Negative Declaration showed no health impacts. The parcels will meet the minimum lot size required and be developed in conformance with the Residential High Density (RHD -20) development standards. E. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large for access through or use of, property within the proposed subdivision. The subject site is currently developed as single - family residences and used for residential purposes without any existing easements. The subject site has existing alley access but does not contain any easements and the proposed subdivision of the property into five parcels does not require the creation of new easements. F. The discharge of sewage from the proposed subdivision into the community sewer system will not result in violation of existing requirements proscribed by the California Regional Water Quality Control Board. The subject site is currently developed with a residential use. The existing residences have operated without violation of California Regional Water Quality Control Board. The new residential parcels will be required to connect to the City's sewer system to maintain compliance with the California Regional Water Quality Control Board. G. The subject site does not have adverse soil or geological conditions and the subdivider has provided sufficient information to the satisfaction of the City Engineer that the subject site does not require corrections of current conditions. H. The proposed subdivision is consistent with all applicable provisions of Title 11: Zoning and applicable provisions of the Seal Beach Municipal Code and the Subdivision Map Act. Tentative Tract Map No. 17925 proposes to consolidate three parcels into one in order to create five new parcels in the Residential High Density (RHD -20) zoning area. The new parcels will comply with the minimum lot dimensions of 25 ft. wide by 100 ft. deep required in the RHD -20 zone. Each parcel will be developed with a single - family residence in compliance with the development standards set forth in Title 11 of the Seal Beach Municipal Code. Section 7. Based on the foregoing, the Planning Commission hereby approves Tentative Tract Map 17925, subject to all mitigation measures set forth in the Initial Study/Mitigated Negative Declaration and associated Mitigation Monitoring Reporting Program, for the consolidation of 3 existing parcels into one and subdividing that .52 acre lot into five new parcels, subject to the following conditions: The Planning Commission reserves the right to revoke or modify this Tentative Tract Map if any violation of the approved conditions occurs, or any violation of the Code of the City of Seal Beach occurs. Page 4 of 9 Resolution 17 -12 232 through 244 17° Street 2. Prior to any use of the project site or business activity being commenced thereon, all Conditions of Approval shall be completed to the satisfaction of the Community Development Department and Public Works- Engineering Department. 3. Approval of this request shall not waive compliance with all sections of the Municipal Code, and all other applicable City Ordinances in effect at the time of Building Permit issuance. 4. All ground - mounted utility appurtenances such as transformers, AC condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and /or landscaping to the satisfaction of the Community Development Department. 5. All roof mounted equipment such as AC condensers shall be screened from view. 6. The developer shall submit a construction access plan and schedule for the development for the Planning and Engineering Department approval; including, but not limited to, public notice requirements, special street posting, phone listing for community concerns, hours of construction activity, dust control measures, and security fencing. 7. Any modification or any intensification of the map beyond what is specifically approved by Tentative Tract Map 17925 shall require review and approval by the Planning Department and Public Works- Engineering Department prior to intensification or modification. 8. The applicant is required to obtain all Building and Safety permits prior to construction or demolition. 9. The applicant will be required to obtain the services of a qualified Native American Monitor(s) during construction- related ground disturbance activities. The Tribal Representatives from the Gabrieleno Band of Mission Indians, Kizh Nation defines ground disturbance to include, but not limited to, pavement removal, pot - holing, grubbing, weed abatement, boring, grading, excavation, or trenching within the project area. The monitor must be approved by the Tribal Representative and will be present on -site during the construction phases that involve ground disturbance activities. The on -site monitoring shall end when the project site grading and excavation activities are completed, or when the monitor has indicated that the site has a low potential for archeological resources. If archeological or cultural resources are encountered, they will be documented by the Native American monitor and collected for preservation 10. This Conditional Use Permit shall not become effective for any purpose unless an "Acceptance of Conditions" form has been signed, notarized, and returned to the Community Development Department; and until the ten (10) day appeal period has elapsed. 11. A Phase One Soils Report must be submitted to the City for review prior to or in conjunction with submittal for Building plan check. Page 6 of 9 Resolution 17 -12 232 through 244 17"' Street Enoineering Department: 1. Provide parcels, easements, water supply and distribution systems, sewage disposal systems, storm drainage facilities, solid waste disposal, and electric, gas and communications services to adequately serve the subdivision. 2. Existing structures on 232 171h Street shall be removed within 30 days of California Coastal Commission approval. A demolition permit shall be obtained from the Seal Beach Building Division. 3. Comply with the requirements of Chapter 10.15: Design and Improvement Standards prior to recordation of the Final Map. 4. Comply with all applicable provisions of the Seal Beach Municipal Code, Department of Public Works Standard Conditions of the Map Act. 5. A Final Map prepared by or under the direction of a registered civil 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. 6. A preliminary map guarantee shall be provided that indicated 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 Map is filed with the Orange County Recorder. 7. 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 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 map approval, the easement holder shall execute a subordination prior to the filing of the Final Map. 8. All conditions from the City of Seal Beach Departments and Divisions shall be incorporated into the tract map prior to submitting the tract map for review. 9. Documentation shall be provided indicating the mathematical accuracy, title information, and survey analysis of the tract map and the correctness of all certificates. Proof of ownership and proof of original signatures shall also be required. 10. Proof of Tax clearance shall be provided at the time of Final Map review submittal. 11. Upon submittal of the Final Map for review by the City of Seal Beach, a letter signed by both the subdivider and the engineer shall be provided which indicated that these individuals agree to submit 5 blueprints, one 8 1/2" x 11" copy, and one mylar of the recorded Final Map to the City of Seal Beach Public Works Department. 12. 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 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 Page 6 of 9 Resolution 17 -12 232 through 244 17° Street claims, lawsuits or actions arising from the granting of or the exercise of the rights permitted by this Tentative Tract Map No. 17925, 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. 13. The mitigation measures set forth in the Mitigation Monitoring Reporting Program are hereby incorporated into the project, and the applicant must comply with all mitigation measures set forth in the Mitigation Monitoring Reporting Program. 14. The applicant shall maintain substantial conformance to submitted map dated April 11, 2017 except as modified herein. 15. Per the current Fee Schedule the following fees must be paid prior to the issuance of building permits: 1. Transportation Facilities and Programs Development Fee. 2. Transportation Facilities and Programs Development Application Fee. 3. New Water Service Connection Charge — "Buy In" Fee. 16. The applicant shall abandon existing nonfunctioning driveway approaches. The following Conditions must be placed on the Final Map for recordation: 17. Easements will be required for all utilities (electrical, water, gas and sewer) serving the individual buildings where the utilities will pass over property not under the control of the building owners. Mitigation Measures: Air Quality 1. Mitigation Measure AQ -1: During construction activities, the contractor shall ensure that measures are complied with to reduce short-term (construction) air quality impacts associated with the project: a) controlling fugitive dust by regular watering or other dust palliative measures (such as covering stock piles with tarps) to meet South Coast Air Quality Management District (SCAQMD) Rule 403 (Fugitive Dust); b) maintaining equipment engines in proper tune and establishing a preference for contractors using Tier -3 -rated or better heavy equipment; c) enforce 5- minute idling limits for both on- road trucks and off -road equipment; d) provide water spray during loading and unloading of earthen materials; e) cover all trucks hauling dirt, sand or loose material or require all trucks to maintain at least two feet of freeboard; and f) sweep streets daily if visible soil material is carried out from construction site. 2. Mitigation Measure AQ -2: During construction activities, the project contractor shall ensure that the project will comply with SCAQMD Rule 402 (Nuisance) Rule 402 prohibits the discharge from any source quantities of air contaminants or other material Page 7 of 9 Resolution 17 -12 232 through 244 17° Street which would cause injury, detriment, nuisance, or annoyance to any considerable number of persons, the public, or damage to business or property. Biological Resources 3. Mitigation Measure B -1: If tree clearing is scheduled to begin during the nesting season (February 1 to September 15), a qualified biologist shall be retained to survey the trees to determine the presence of any active bird nests in the trees prior to their removal. If nests are identified, removal of the trees should not proceed until after the nesting season concludes on September 15. 4. Mitigation Measure B -2: Prior to demolition of the existing residential structures on the project site, the contractor shall survey the structures to determine the presence of any hazardous substances such as asbestos or lead -based paint. If such materials are present, they will be remediated using mandatory procedures specified by the SCAQMD (Rule 4102, Asbestos Emissions from Demolition /Renovation Activities) and state air toxics agencies. Hydrology and Water Quality 5. Mitigation Measure H &W -1: Prior to construction activities, a Water Quality Management Plan (WQMP) will be prepared pursuant to the requirements of the Orange County DAMP and the State Regional Water Quality Control Board. Noise 6. Mitigation Measure NOI -1: The City and the general contractor shall be responsible for limiting construction activities to 7:00 a.m. to 6:00 p.m. Monday through Friday. No noise - generating construction activities shall occur on Saturdays, Sundays and federal holidays. 7. Mitigation Measure NOI -2: The City and the general contractor shall ensure that stockpiling and staging activities should be located as far as practicable from dwellings and all mobile equipment shall have properly operating and maintained mufflers. 8. Mitigation Measure NOI -3: The applicant shall submit documentation to the City of Seal Beach that any HVAC equipment installed on the proposed residential structures meets the requirements of Section 7.15.035 of the Seal Beach Municipal Code and that either a timing device has been placed on the equipment or the applicant has obtained prior written consent from each adjacent property owner where the exterior sound pressure level would exceed 55 db(A). (Ord. 1551; Ord. 1515). Section 8. The documents, staff reports, technical studies, appendices, plans, specifications, and other materials that constitute the record of proceedings upon which this resolution is based are on file for public examination during normal business hours at the Community Development Department, City of Seal Beach City Hall, 211 8th Street, Seal Beach, CA 90740. Pages of 9 Resolution 17 -12 232 through 244 17'" Street PASSED, APPROVED, AND ADOPTED by the Seal Beach Planning Commission at a meeting thereof held on May 1, 2017, by the following vote: AYES: Commissioners Campbell, Klinger, Thomas, Machen Aquilar NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners ATTEST: 54tal Lan vaz anning Co Sion Secretary Deb Mac�en a 4� Chairperson Page 9 of 9