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Home My WebLink AboutPC Res 07-39 - 2007-06-20 RESOLUTION NUMBER 07-39 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING TENTATIVE PARCEL MAP 2007-145, A REQUEST TO SUBDIVIDE AN EXISTING 14,702 SQUARE FOOT PARCEL INTO TWO SEPARATE PARCELS: PARCEL 1 BEING 32.51 FEET IN WIDTH AND PARCEL 2 BEING 42.50 FEET IN WIDTH AT 450 OCEAN AVENUE, SEAL BEACH. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: SectIOn 1. On May 16, 2007, PatnCIa Joan Smissen apphed for Tentative Parcel Map 2007-145 with the Department of PublIc Works and the Department of Development ServIces. SectIon 2. Pursuant to 14 Cabf. Code of Regs. ~ 15025(a) and ~ Il.A of the City's Local CEQA Guidelines, staff has deterImned as follows: The application for Tentative Parcel Map 2007-145 is categorically exempt from review pursuant to the Califonl1a Environmental Quality Act pursuant to 14 Calif. Code of Regs ~ 15315 (Mmor Land DIVISIons) because the dIViSiOn of property IS in urbanized area zoned for residentIal use mto four or fewer parcels when division is in confornlance with the General Plml 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. SectIOn 3. A duly noticed publIc hearing was held before the Planning CommIssion on June 20, 2007 to conSIder the applicatIon for TentatIve Parcel Map 2007-145 At the hearing the Plannmg CommIssion received mto eVidence all wntten and oral testImony presented. SectIon 4. The record of the heanng on June 20,2007 mdicates the followmg: (a) On May 16, 2007, PatrICIa Joan SmIssen applied for TentatIve Parcel Map 2007-145 with the Department of Public Works mld Department of Development Services. SpeCIfically, the applIcant is seeking approval of subdIVIsion of one existing lot, 75.01 feet in WIdth, mto two separate lots, Parcel I bemg 32.51 feet in WIdth, and Parcel 2 bemg 42.50 feet in width. The new lots meet the subdIVISIon standard of 5,000 square feet in area for an mtenor lot and 5,500 square feet in area for a comer lot in the District I ResidentIal Low DenSIty (RLD) zone. 1 of 5 Plan/1/ng COml111SSIOI1 ResolutlOll No 07-39 Tentative Parcel Map 2007-145 450 Ocean Avenue June 20, 2007 (b) The subject property is located at 450 Ocean Avenue, Seal Beach. (c) The subject property IS currently desCrIbed as Orm1ge County Assessor's Parcel Number 199-114-05 and is located on the south side of Ocean Avenue, east of 5th Street. The eXistmg lot compnses approxllnately 14,702 square feet oflot area. (d) The sUfl"ounding land uses and zonmg are as follows: NORTH Residential housing 111 the ResidentIal HIgh Density (RHD) Zone SOUTH The Pacific Ocean EAST Residential Housing 111 the ReSIdentIal Low Density (RLD) Zone WEST ReSIdential Housmg in the ReSIdential Low Density (RLD) Zone (e) In response to the mailed and published notice of this hearing staff has receIved no responses, written or other, to thIs request. Section 5. Based upon the facts contamed in the record, mcluding those stated in ~ 4 of this resolutIon and pursuant to ~~ 21-7 and 21-11 of the CIty's Code, the Plannmg Commission hereby finds as follows: (a) TentatIve Parcel Map 2007-145 is consIstent with the proVIsions of the Lmld Use Element of the CIty'S General Plan, which prOVIdes a Residential Low Density zoning designatIon for the subJect property and permIts subdIvisIon of lots subJect to the mimmum zon111g standards. The reSIdentIal use is also conSIstent WIth the remaming elements of the CIty'S General Plan, as the pohcies of those dements are consistent with, and reflected in, the Land Use Element Accordmgly, the proposed use IS consistent with the General Plan (b) The proposed lots are adequate m SIze, shape, topography and location to meet the needs of the proposed use of the property. The property of each 0 f the new proposed lots is adequate m area, meeting the mmlmum lot area 5,000square feet for an interIor lot, and 5,500 square feet for a comer lot, as specrfied in the ResidentIal Low DenSIty (RLD) zone. Section 6. Based upon the foregomg, the Plannmg Commission hereby approves TentatIve Parcel Map 2007-145, subject to the followmg condItIons: 1. Tentative Parcel Map 2007-145 IS approved to create two lots, with Parcell bemg 32.51 feet WIde by 196 feet deep, and Parcel 2 bemg 42.50 feet WIde by 196 feet deep. 20f5 Plannl/lg COn/llllSSlOn ResolutIOn No 07-39 Tentative Parcel Map 2007-145 450 Ocean Avenue June 20, 2007 2. Construction on newly created lots shall adhere to building and use standards reqUIred by the ReSIdentIal Low DenSIty (RLD) zone 1l1cluding density, setbacks, and height lImits. 3. Parkway Trees shall be reqUIred and placed at an 1l1terval of one to a lot, with saId lots described WIthin Tentative Parcel Map 2007-145. 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 Admmistrattve Gmdehnes". The developer shall plant turf or ground cover and shall install an lITIgatIon system wIth1l1 the parkway area for each said lot descnbed wlth1l1 Tentative Parcel Map 2007-145. The developer shall mstall the above landscap1l1g and trees withm the parkway prIor to final ll1SpectlOn for the residentIal structures. 4. 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 bel11g filed with the Orange County Recorder. 5 A preliminary parcel map guarantee shall be provided which mdicates all trust deeds (to mclude the nmne of the trustee), all easement holders, all fee l11terest holders, and all mterest holders whose 1l1terest could result in a fee. The account for thIS tItle report shall remam opell until the final parcel map IS filed with the Orange County Recorder. 6. 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, nght of access, buildmg 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. 7. All reqmred off-SIte Improvements shall be completed pnor to the recordatIon of the final parcel map. Should any reqUIred off-SIte Improvement not be completed with1l1 a 36 month perIod, an improvement secunty bond pursuant to the regulations of Chapter 5 of the SubdIvisIOn Map Act WIth denommation to be determined by SaId chapter thereof shall be Issued to ensure that all the Improvements will be completed in a tImely manner. 8. All condItIOns from the City of Seal Beach Departments shall be incorporated l11to the parcel map pnor to submittmg the final parcel map for reVIew. 9. DocumentatIon shall be proVIded 1l1dIcatmg the mathematIcal accuracy, tItle mformation and survey analysis of the parcel map and the correctness of all certIficates. Proof of ownership and proof of origmal SIgnatures shall also be required. 10. Upon submittal of the final parcel map for revIew by the CIty of Seal Beach, a letter SIgned by both the sub divider and the engmeer shall be provided, WhICh indicates that these 30f5 Plann/llg ComnusslOn ResolutIOn No 07-39 Tentaflve Parcel Map 2007-145 450 Ocean Avenue June 20. 2007 mdIVIduals agree to submIt 5 bluepnnts, one 8 12 x 11 copy, and one mylar sheet of the recorded parcel map to the City of Seal Beach Public Works Department. 11. This Tentative Parcel Map shall become null and void unless exercIsed wIthm twenty four (24) months of the date of final approval, or such extension of time as may be granted by the Plannmg CommissIon pursuant to a wntten request for extensiOn submItted to the Department of Development Services a mmimum of nmety (90) days pnor to such expiratIOn date. 12 This CUP shall not become effective for any purpose unless/until a CIty "Acceptance of Conditions" form has been signed by the applicant in the presence of the Director of Development Services, or notanzed and returned to the Planmng Department; and untIl the ten (10) calendar-day appeal period has elapsed. 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 mlY and all persons, firms, or corporatIons fumishmg or supplying work, servIces, materIals, or supplIes 111 connection WIth the performance of the use permItted hereby or the exercise of the rights granted herein, and any and all claims, lawsmts or actions arising from the granting of or the exercise of the rights penl1itted by thIS Tentative Parcel Map, and from mlY and all clamls and losses occurrmg or resultmg to any person, finn, corporatiOn or property for damage, mjury or death arismg out of or connected WIth the perfonl1ance of the use permitted hereby. ApplIcant's obhgatIon to mdemmfy, defend and hold hannless the CIty as stated herem shall mclude, but not be limIted to, paying all fees and costs mculTed by legal counsel of the CIty'S chOIce in representmg the CIty 111 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 mlY such lawsuit or actiOn. PASSED, APPROVED AND ADOPTED by the Plannmg CommiSSiOn of the CIty of Seal Beach at a meetmg thereof held on the 20th day of June 2007 by the followmg vote' AYES: CommISSiOners Deaton, Massa-Lavitt, and Roberts NOES: CommISSIoners None ABSENT: CommiSSiOners Bello ABSTAIN: Con1l11lssioners None 40f5 ~P/~ Lee Whittenberg Secretary, Plmmmg Commlsslo ***** 50f5 Pla/ll/lng COlllmlsslOn ResolutIOn No 07-39 Tentaflve Parcel Map 2007-145 450 Ocean Avenue June 20. 2007 ~Aili~ Ellery Deaton ChaIrperson, Plannmg CommIssion