HomeMy WebLinkAboutItem L January 11, 1999
STAFF REPORT
To: Honorable Mayor and Members of the City Council
Attention: Keith R. Till, City Manager
From: Steve Badum,Director of Public Works
Subject: APPROVAL OF PARCEL MAP NO. 98-126 (AVALON HOMES)
General Description:
Avalon Homes has received approval of the required variances and tentative parcel map (Negative
Declaration 98-3, Variance 98-3 and Tentative Parcel Map 98-126) previously to subdivide three
previously existing residential parcels into four residential parcels on property located at Pacific
Coast Highway and Balboa Drive,actually fronting on Marble Cove and Crystal Cove Ways.
Discussion:
On April 14, 1998, Scott Redsun, on behalf of Avalon Homes, filed a Tentative Parcel Map and
Variance application to subdivide three existing parcels into four parcels. The city engineer
reviewed Tentative Parcel Map 98-126, and found that it conforms to the requirements of the
Subdivision Map Act and all City ordinances, and recommended the imposition of certain
conditions as part of the Planning Commission recommended approval of the requested Parcel Map
and Variance. Those conditions were accepted by the Planning Commission and are conditions of
approval(Please refer to Planning Commission Resolution 98-21, Attachment 2).
Approval of the Parcel Map will formally create the subject parcels, and allow them to be sold in
accordance with the terms and conditions of Variance 98-3 and Parcel Map 98-126. In approving
the Parcel Map,the City Council takes the following actions regarding dedications and easements:
o Accept, on behalf of the public, the dedication for street purposes of Balboa Drive and
Pacific Coast Highway (approximately 1,352 square feet for street realignment purposes at
Balboa and Pacific Coast Highway).
o Accept on behalf of the City of Seal Beach easements for sanitary sewer purposes as
dedicated.
o Abandon, pursuant to Section 66499.201/2 of the Subdivision Map Act, the 10 foot sanitary
sewer easement within the boundary of this map which was acquired by the City of Seal
AGENDA ITEM L
C:'My Documents\Subdivisionaarcel Map 98-126-CC SWTRepoe.doclLW\01-06-98
Approval of Parcel Map 98-126(Avalon Homes)
City Council StaffReport
January 11, 1999
Beach by dedication as shown on Tract No. 2591fi1ed in Book 83, Pages 14 through 18
inclusive, of Miscellaneous Maps,Records of Orange County, not shown on this map.
The Final Parcel Map has been reviewed and approved by the County of Orange Public Facilities
& Resources Department for compliance with all required Subdivision Map Act requirements
and by the City Engineer for compliance with all conditions of approval of Variance 98-3 and
Tentative Parcel Map 98-126, and it is appropriate for the City Council to approve Parcel Map
98-126 as presented.
Recommendation:
Approve Parcel Map 98-126 as presented, and instruct the City Engineer and City Clerk to execute
said Parcel Map as required.
NOTED II APPROVED
St=. en GAB. . ,m Keith . Till
ity En_ e= City Manager
Attach. ents: (2)
1. Parcel Map 98-126
2. Planning Commission Resolution 98-21, dated June 3, 1998
Parcel Map 9s-136-CC Stan Report 2
Approval of Parcel Map 98-126(Avalon Homes)
City Council Staff Report
January 11. 1999
ATTACHMENT 1
PARCEL MAP 98-126
Parcel Map 98-126-CC Staff Report 3
Approval of Parcel Map 98-126(Avalon Homes)
City Council Staff Report
January 11, 1999
ATTACHMENT 2
PLANNING COMMISSION RESOLUTION 98-21,
ADOPTED JUNE 3, 1998
Pared Map 98-126-CC Staff Report 4
RESOLUTION NUMBER 98-21
1
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL
BEACH ADOPTING NEGATIVE
DECLARATION 98-1, APPROVING
VARIANCE 98-3 AND APPROVING
TENTATIVE PARCEL MAP 98-126,
ALLOWING FOUR PARCELS WITH LESS
THAN 50 FEET OF STREET FRONTAGE
AND ONE PARCEL WITH LESS THAN 5,000
SQUARE FEET OF LAND AREA AT THE
NORTHEAST CORNER OF BALBOA
AVENUE AND PACIFIC COAST HIGHWAY
(AVALON HOMES)
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH
DOES HEREBY FIND AND RESOLVE:
SYtbllt 1. On April 14, 1998 Scott Redsun, on behalf of Avalon
Homes submitted an application for Variance 98-3 and Tentative Parcel Map 98-126
with the Department of Development Services. Specifically, the applicant is proposing
to re-divide four(4) lots to provide an additional lot, for a total of five(5) lots, and to
construct five (5) single family residences on the lots. Variances are requested to
permit interior lots with less than 50 feet of street frontage for parcels 1 through 4,and
to allow parcel S to contain less than 5,000 square feet of land area(4,918 square feet).
Section 2. Staff has prepared and circulated an Initial Environmental
Assessment and proposed Negative Declaration as required by the California
Environmental Quality Act(CEQA). The comment period on Negative Declaration 98-1
will end on June 3, 1998. As of June 3, 1998, The City has received a response on the
proposed Negative Declaration from Caltrans indicating no comments on the Negative
Declaration.
Section 4. A duly noticed public hearing was held before the
Planning Commission on June 3, 1998, to consider the application for Variance 98-3
and Tentative Parcel Map 98-126. At the public hearing the applicant spoke in favor of
the request,with persons appearing both in favor of and in opposition to the request.
Son 4. The record of the hearing of June 3, 1998 indicates the
following:
(a) On April 14, 1998 Scott Redsun, on behalf of Avalon Homes
submitted an application for Variance 98-3 and Tentative Parcel Map 98-126
with the Department of Development Services.
(b) Specifically, the applicant is proposing to re-divide four(4) lots
to provide an additional lot, for a total of five(5)lots, and to construct five(5)
single family residences on the lots. Variances are requested to permit interior
lots with less than 50 feet of street frontage for parcels I through 4,and to allow
parcel 5 to contain less than 5,000 square feet of land area(4,918 square feet).
C:uty oons,nmsaeww.,i.ace wa.PC.doctwwsu-as
( aveaaw Declaration '/Vain 9r-2•main farce Map 96126
Pla„Me taints Rnoiaaon A .N-21
' - Acme!.1999
• (c) The subject property is located on the northeast corner of Pacific
Coast Highway and Balboa Drive,with primary street frontage on Marble Cove
and Crystal Cove Ways. The subject property is currently vacant.
(d) The subject property is legally described as Orange County
Assessor's parcel number 043-262-12.
(e) The subject property is presently vacant and has been subdivided
in the past into four (4) single family parcels. The existing four parcels
comprise approximately 27,165 square feet.
(t) The proposed tentative parcel map and variance requests will re-
subdivide the three(3)most westerly parcels into four(4)parcels,with the most
easterly parcel not being affected.
(g) The surrounding land uses and zoning are as follows:
NORTH Single-family dwellings located in the
Residential Low Density zone, (RLD).
SOUTH Across Pacific Coast Highway to the south
and south-west are a mixture of commercial
uses fronting on Pacific Coast Highway,with
residential uses and day are facilities and
Tater Field located to the rear of the
commercial development The commercial
areas are zoned General Commercial (C-2),
while the residential areas are zoned
Residential High Density(RED),and the day
care facilities and Tater Field are zoned
Public Land Use/Recreation(PLU/R)
EAST Single-family dwellings located in the
Residential Low Density zone, (RLD).
WEST A commercial shopping center in the Service
Commercial zone(C-1).
(h) City has received no comments, written or other, in response to
the mailed/published notices of the hearing on Negative Declaration 98-1,
Variance 98-3 or Tentative Parcel Map 98-126.
&rloon S. Based upon the facts contained in the record, including
those stated in 44 of this resolution and pursuant to Chapter 21, Subdivisions; and
Sections 28.401(9(a) and 28-2500 through 28-2503 of the City's Cade, the Planning
Commission makes the following findings:
(a) The proposed Negative Declaration adequately discloses the
potential environmental impacts of the proposed variance and tentative parcel map,and no
substantial adverse environmental impacts will result upon the approval of the subject
requests.
(b) There is no substantial evidence that the approval of Variance 98-
3 and Tentative Parcel Map 98-126 will have a significant effect on the environment
The project involves no potential for advent effect, either individually or cumulatively,
on wildlife resources and will not have an adverse impact on fish and wildlife. The
Planning Commission directs the Director of Development Services to file the
appropriate De Minimia Impact Finding for the California Department of Fish and
Game Certificate of Fee Exemption.
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Meador Mairatle"90... Variance R-2 d Teo/alive Pad Map 96426
P1wMr eauiuiar RUWadw No.9b-21
Jou J•1998
(c) Variance 98-3 is consistent with the provisions of the Land Use
Element of the City's General Plan, which provides ■ "Low Density Residential'
desigrution for the subject property and permits single family residential uses. The 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 Bement.
Accordingly,the proposed use is consistent with the General Plan.
(d) Because of special circumstances applicable to the subject
property, including size, shape and location, the strict application of the zoning code
would deprive such property of privileges enjoyed by property in the same vicinity and
zone. With regard to the applicant's request for street frontage less than the required
minimum, the subject property is located on a cul-de-sac immediately adjacent to
Pacific Coast Highway, with commercial properties located immediately to the West
and South. The proximity of the highway and the commercial property,along with the
layout of the existing residential neighborhood makes it necessary to orient the frontage
of the proposed residences around the interior of the"knuckle'intersection,rather than
the more expansive exterior, which would front in part on Pacific Coast Highway.
This interior orientation has the result of significantly reducing the available street
frontage space. Strict application of the zoning code's minimum 50-foot frontage
would, therefore, result in the applicant's inability to maximize the number of
otherwise legal buildable lots. With regard to Parcel 1, for which a variance is
requested in the minimum lot size, the requested minimum lot size reduction of
approximately 82 square feet is caused solely by the City's requirement that pan of the
property be dedicated to the City w that the City an const the geometry of this
existing intersection. Absent a variance, this unique circumstance would render the
otherwise legal parcel undevelopable under a strict application of the Code.
(e) The granting of this variance would not be the granting of a
special privilege inconsistent with other limitations on other properties in the same
vicinity and zone. Specifically, due to the property's location, the requested variances
are in keeping with the minimum sunt frontages existing on 20 other legal parcels
within the 'Cove' area that are located on cul-de-sacs or on interior "knuckle'
intersections.
(f) The site is physically suitable for the type and density of
development proposed, will not conflict with easements acquired by the public at large,
and the proposed subdivision, together with the provisions for its design and
improvement, is consistent with the General Plan, and is compatible with the
objectives,policies,general land uses,and programs specified in the General Plan.
Sectida_6. Based upon the foregoing, the Planning Commission
hereby adopts Negative Declaration 98-1 and approves Variance 98-3 and Tentative
Parcel Map 98-126,subject to the following conditions:
I. Variance 98-3 and Tentative Parcel Map 98-126 is approved for the creation of
four parcels of land in accordance with the subdivision design of Tentative
Parcel Map 98-126.
2. All new construction an the subject property shall comply with all development
standards of the Low•Density Residential(LDR)zone.
3. All construction shall be in substantial compliance with the plans approved
through Variance 98-3 and Tentative Parcel Map 98-126.
4. A ten(10)foot high perimeter wall shall be constructed along Balboa Drive and
Pacific Coast Highway.
5. Prior to the issuance of any building permit, an acoustical analysis report
describing the acoustical design features of the structures required to satisfy the
Statism N-3.9Cenc 3
M gaii,v Declaration 98.1.Variance 163 a T umiae Parcel MW 98-I26
Planning Commission Resolution A .98-21
kat 3.'9%
interior noise standard shall be submitted to the Director of Development
Services for approval along with satisfactory evidence that the sound attenuation
measures specified in the acoustical analysis report have been incorporated into
the design of the structures.
6. Prior to the issuance of any Certificates of Use and Occupancy, field testing in
accordance with Title 25 regulations shall be required to verify compliance with
all applicable design standards. A compliance report shall be submitted to the
Director of Development Services.
7. All Parks and Recreation and Transportation Facilities and Program
Development Application Fees shall be paid prior to issuance of building
permits: Parks and Recitation Impact Fee, $10,000 per housing unit;
Transportation Facilities and Program Development Application Fee, $1,140 per
housing uniL
8. Project Plans shall be in conformance with the City of Seal Beach's Standard
Plans and criteria of the Engineering Department, and shall conform to plan
submittal encroachment procedures.
9. Curb and gutter and sidewalk shall be replaced within the limits of the Tentative
Parcel Map 98-126.
10. Parkway Trees shall be required and placed at an interval of one to a lot, with
said lot described within Tentative Tract Map 98-126 and Lot 80 of Tract No.
2591. Parkway trees shall be 24" box with root barriers and shall adhere to the
City of Seal Beach's "Stmt Tree Policy and Administrative Guidelines". The
developer shall plant turf and shall install an irrigation system within the
parkway area for each said lot described within Tentative Tract Map 98-126 and
Lot 80 of Tract No. 2591. The developer shall install the above landscaping
and trees within the parkway prior to final inspection and issuance of occupancy
permits for the residential structures.
11. The developer shall disclose to the property owners of Parcel 2 and Parcel 3 of
Tentative Tract Map 98-126 the existence of a ten (10)foot sewer line easement,
five (5) feet in width from each side of property line, and paralleling the
common property line. The developer shall disclose to the property owners of
Parcel 2 and Parcel 3 the existence of construction restrictions over said sewer
line easement. Said disclosure shall be recorded against the title to each
property and shall approved by the City Attorney.
13. The City will vacate the sewer line easement paralleling Parcel 3 and Parcel 4 of
Tentative Tract Map 98-126 and sewer line easement of Parcel 3 of Tentative
Tract Map 98-126 paralleling Pacific Coast Highway and convey said property
to said parcels. The developer shall convey to the City a ten (10) foot wide
sewer line easement, five (5) feet in width from each side of the common
property line of Parcel 2 and Parcel 3 of Tentative Tract Map and parallel to
said lots.
14. The developer shall dedicate 1,352 square feet as street right-of-way along
Balboa Drive and adjacent to the property site as specified on Tentative Parcel
Map 98-126 and Lot 80 of Tract 2591. As full and adequate consideration for
said dedication. The City shall waive the Public Works construction and
engineering fees in an amount not to exceed $30,400 and shall reconvey the
existing sewer line easement.
15. This Variance and Tentative Parcel Map shall not become effective for any
purpose unless an "Acceptance of Conditions" form has been signed by the
applicant in the presence of the Director of Development Services, or notarized
Variance 944.PC.doc 4
Negotiw Decimation 961,Variance NT&Tentative Parcel Alap 98-116
Plennud Commission Resolution No.98.11
hne 3.1993
and returned to the Planning Department; and until the ten (10) day appeal
period has elapsed.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the
City of Seal Beach at a meeting thereof held on the 3i° day of June ,
1998,by the following vote:
AYES: Commissioners Hood,Larson,Law, and Chairmen Brown
NOES: Commissioners None
ABSENT: Commissioners None 3
BriL
Chairman of the Planning Commission
Secretary of the Planning Commission
Vadanm 9N.Pc.doe 5