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HomeMy WebLinkAboutCC AG PKT 2006-05-22 #Q . DATE: May 22,2006 TO: Honorable Mayor and City Council THRU: Lee Whittenberg, Director of Development Services John B. Bahorski, City Manager FROM: Christy Teague, Senior Planner Mark Vukojevic, Director of Public Works SUBJECT: Tentative Parcel Map 2005-311 921 -1101 Pacific Coast Highway Seal Beach Center SUMMARY OF REQUEST: 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 of lot area in Planning District 5, Service Commercial (C-1) zone. The subject property is located at the northeast comer of Pacific Coast Highway and Bolsa Avenue and has approximately 795 feet of frontage on Pacific Coast Highway to the south, 117 feet of frontage on Bolsa Avenue to the west, 706 feet of frontage on Bolsa Avenue to the north, 488 feet offrontage on Balboa Drive to the east. The Planning Commission recommended the City Council approve Tentative Parcel Map 2005-311 at its meeting held April 19, 2006. BACKGROUND: o 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. o The subject Tentative Parcel Map application is categorically exempt from CEQA. Mitigated Negative Declaration 05-5 was approved by the Planning Commission for the shopping center renovation. o The Planning Commission is an advisory body to the City Council on Tentative Parcel Maps. After Planning Commission approval of TPM 2005.311, the City Council must hold a public hearing on this request. Agenda Item-'i- , D The subject property is located at the northeast comer of Pacific Coast Highway and Bolsa Avenue and has approximately 795 feet of frontage on Pacific Coast Highway to the south, 117 feet of frontage on Bolsa Avenue to the west, 706 feet of frontage on BolsaAvenue to the north, 488 feet of frontage on Balboa Drive to the east. D At its meeting held December 7, 2005, the Planning Commission approved: o Mitigated Negative Declaration 05-5 for the Seal Beach Center Renovation o Conditional Use Permit 05-3 for Market: 24-Hour Operations and Alcohol Sales o Height Variation 05-5 for Market: 7-Feet High Architectural Feature o Conditional Use Pennit 05-4 for Drug Store: Drive-Through, 24-Hour Operations and Alcohol Sales o Conditional Use Permit 05-13 for Daily Grind Coffee: Drive-Through, Outdoor Dining and 5 :00 a.m. Opening o Conditional Use Permit 05-16 for Service Station: 24-Hour Operations D At its meeting held April 5, 2006, the Planning Commission approved: o Planned Sign Program 06-1 D At its meeting held April 19,2006, a public hearing was held and the Planning Commission recommended the City Council approve the subject application: o Tentative Tract Map 2005-311 D The surrounding land uses and zoning are as follows: NORTH SOUTH 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 PLU/R (Public Land Use/Recreation) zone Across Balboa Drive, single family residences in the RLD (Residential Low Density) zone EAST Agenda ltem_ . WEST Across Main Street, commercial bank in the C-2 (General Commercial) zone 1:1 The City's General Plan and zoning map both designate the subject property as Service Commercial. 1:1 Tentative Parcel Map No. 2005-311 will create five parcels on the subject property. Below is a summary of the proposed parcels for Parcel Map 2005-311: Parcel Number Proposed Use Gross Area Parcell Parcel 2 Parcel,] Parcel 4 ParcelS Drug Store and Parking Shops, Restaurant and Parking Market and Parking Service Station and Parking Shop and Parking TOTAL 1.34 acres 2.46 acres 3.09 acres .64 acres .37 acres 7.9 acres 1:1 The minimum lot size and area permitted in the Service Commercial regulations is 70' x 100', with a minimum lot area of 7,000 square feet. The proposed lots meet these requirements. The smallest parcel, ParcelS, is .37 acres, or 16,117 square feet. 1:1 Generally, parcel maps are used for the creation of four lots or less and tract maps are used for the creation of five lots or more according to state regulations known as the Subdivision Map Act. In this case, however, five lots are being created through a parcel map due to an exception stated in Government Code ~ 66426 (c) for commercial development. 1:1 Staff has received no comments, written or other, regarding the mailed/published notice regarding Tentative Parcel Map 2005-311 as of May 12, 2006. FISCAL IMPACT: None. RECOMMENDATION: Approve Tentative Parcel Map 2005-311, with conditions, and instruct the City Engineer and City Clerk to execute said Parcel Map as required. C~~ Senior Planner -1IIJW Mark Vukojevic, P.E. Director of Public Works Agenda Item_ D: hment I: Proposed Resolution :<\.ttachment 2: Planning Commission Staff Report and Resolution of April 19, 2006 Attachment 3: Tentative Parcel Map 2005-311 Agenda ltem_ City of Seal Beach Memo- To: From: cc: Date: Re: Mayor Antos & Members of the City Council Christy Teague, Senior Planner t!.er'""";t; - .b. ) Lee Whittenberg, Director ofDevelo t services;17w May 22,2006 t/ / - AGENDA ITEM Q Seal Beach Center Tentative Parcel Map 2005-311 901-1101 Pacific Coast Highway The City Council staffreport for the Seal Beach Center TPM 2005-311 included the April 19, 2006 PI~nn;ng Commission staffreport, resolution and excerpt of meeting m;n,!tes as Attachment 2. The provided resolution was not the final resolution approved by the PlllIlIling Commission. A copy of the final pl~nn;ng Commk'lion Resolution 06-11, including Addendum 1, is provided for your infoI1Dat:ion. Attachment: Pl~nn;ng Commission Resolution 06-11, including Addendum. 1 RESOLUTION NUMBER 06 - 11 OR/S/}I 11/41. , - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH RECOMMENDING TO THE CITY COUNCIL APPROVAL OF TENTATIVE PARCEL MAP 2005-311 AT 901-1101 PACIFIC COAST mGHW A Y, SEAL BEACH THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOL VB: section 1. 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. Section 2. The proposed request is to approve Tentative Parcel Map 2005-311 ___'0 _ to.crca1:e.5-plt.I."Ws on!b1l7 9..acm;,}Vi.th a minim1l.IILpan:el size. oiD.37.acres.._.. - -_. - . Section 3. Pursuant to 14 Calif. Code of Regs. ~ 15300.1,. this project is categorically exempt, in compliance with the provisions of the CaIifomia 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 901-1101 Pacific Coast Highway ("Project''). Based upon its independent review, the Commission hereby determines, 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 Commissioil hereby adopts the attached Addendum No.!. Section 4. A duly noticed public hearing was held before the Planning Commission on April 19, 2006 to consider the subject Tentative Parcel Map. At the public hearing, the Pl~nning Commission invited and considered any and all testimony offered in favor or opposition to said Tentative Parcel Map. Section 5. Tentative Parcel Map No. 2005-311 will create five new parcels on the subject property. Below is a summary of the proposed parcels for Parcel Map 2005-311: Parcel Number Pronosed Use Gross Area Parcell Plirce12 Parcel 3 Parcel 4 ParcelS Drug Store and Parking Shops, Restaurant and PllIking Market and Parking Service Station and Parking Shop andParking TOTAL 1.34 acres 2.46 acres 3.09 acres .64 acres .37 acres 7.9 acres lofS Planning Commission Resolution No. 06-11 Tentative Parcel Map 2005-311 Setll BetU:h Cent..,. April 19. 2006 Section 6. Based upon substantial evidence in the record of the hearing, including the facts stated in Sections 1 through 5 oftbis resolution prepared in conjunction with this project, and pursuant to ~~ 21-7 and 21-11 of the City's Code, the PJRnn;ng Commission hereby finds: (a) The proposed Tentative Parcel Map is beneficial to the short term and long-term land use goals of the City of Seal Beach; will promote the public health, safety and welfare; and is in the public interest (b) The proposed Map is consistent with applicable General Plan elements and the proposed development application in that the Map will establish new parcels that are consistent with said plans. ( c) The design of the parcel map will not interfere with existing easements, acquired by the public or utilities that serve the public. (d) The site is physically suitable for the proposed subdivision. . .-...- -.. . _. . ..-- .._-~ --- ...... (e) The design of the subdivision is not likely to "cause substantial environmental damage, as all mitigation measures contained in Mitigated Negative Declaration 05-5 to protect the environment will be implemented. (f) The design or proposed improvements will not cause substantial environmental damage, or substantially or avoidably injure fish, wildlife, or other habitats, or cause serious public health problems. Section 7. Based upon the foregoing, the pIRnn;ng Cnmm;Rsion of the City of Seal Beach does recomm""1d that the City Council approve Tentative Parcel Map 2005-311, subject to the following conditions: 1. The project shall comply with all sections as adopted in Resolution 5209, titled Public Works" Standard Conmtions of Atltlroval for VelitiiilZ and Tentative and Tentative Subdivision Mans. 2003 Edition. 2. 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 back:f!ow 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. 20fS Platl7ling Commissioll Resolutioll No. 06-11 Tw/2ttve Parcel Map 200$-311 Seal Beach Center April 19. 2006 (e) Demolish existing 8-inchmarket 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. (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) Instlill new USC approved RP bacldlow on all new co=ercial services. CD Make provisions with the Public Works Director/C(ty Engineer regarding the 6-inch mainline that is in conflict with the proposed drug store building pad. (k) _nO. . .__. (1) Relocate existing 1 inch and 1 Y:. inch meter at new electrical room. Relocate existing irrigation. service and meter, and install new USC approved RP backflow 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. 3. For the sewer systems, the following conditions shall apply prior to the recordation of the final parcel map: (a) All sewers within the development shall be private. (b) Provide oil water separator for fuel station. (c) ProVide calculations showing estimated sewage generatiOIi. and adequacy of sewers. 4. For the storm water 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 of the Notice of Intent (NOl). (c) Submit a completed form of the Storm water Treatment Certification Form (d) Submit an Operation and Maintenance plan for structural B:MPs. (e) Submit a Water Quality Management Plan. 3 of 5 PlIJ7inillg Commissioll Resolutioll No. 06-11 Tentative Parcel Map 2005-311 Seal Beach CentB1' April 19, 2006 5. Landscaping shall include pavers SUII01mili"g trees every IS-feet on center on the public right-of-way on the south side ofBolsa Avenue. Final paver selection and installation shall be approved by the Director of Public Works/City Engineer. 6. 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 Director of Public Works/City Engineer shall approve the final planting plan. 7. Repair damaged curb/gutter/sidewalk 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 constrqction shall be submitted by the applicant for approval by the Director of Public Works/City Engineer. 8. The applicant shall obtain necessary approvals for the project from the Califomia Department of Transportation (CalTrans). 9. All missing trees within public rights-of-way shall be replaced with palm trees-of equal size -" m" or equivalent as approved by the Director of Public Works/City Engineer. 10. All conditions from the City of Seal Beach Departments shall be incorporated into the parcel map prior to submitting the fu1al parcel map for review. 11. 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. 12. The applicant shall indemnify, defend and hold bmmless City, its officers, agents and employees (collectively ''the City" hereinafter) from any and all claims and losses whatsoever occuning or resulting to any and all persons, :firms, or corporations furn;.h;ng 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 occuning 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, judginents, verdicts, court costs or attorneys' fees in any such lawsuit or action. 40fS P1Q1l7lmg Commissioll Resolutioll No. 06-11 Twalive Parcel Map 2005-311 Seal Beach Center Aprl119, 2006 PASSED, APPROVED AND ADOPTED by the PJRnn;ng Commission of the City of Seal Beach at a meeting thereof held on the 19th day of April 2006 by the following vote: AYES: Commissioners Shanks, Deaton, Ladner, O'Malley, and Roberts, NOES: Commissioners None ABSENT: Commissioners None 4.-1~ ~..6 Gordon Shanks ChaiJperson, Planning Commission Lee Whittenberg Secretary, plRnn;ng Commission **** 5 of 5 ADDENDUM NO.1 TO MITIGATED NEGATIVE DECLARATION 05-5 FOR THE SHOPPING CENTERRENOV ATION AND RECONSTRUCTION PROJECT LOCATED AT 901-1101 PACIFIC COAST mGBWAY, SEAL BEACH (SEAL BEACH CENTER) April 19, 2006 On Dec!=ber 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 901-1101 Pacific Coast Highway ("Project"). Prior to its adoption, Mitigated Negative Declaration 05-5 was circulated for public co=ent from October ,. 6,..2005 through November 4, 2005, and no substantive comments -were ,received from any persons or responsible agencies. On April 19, 2006, the Commission is considering a tentative parcel map ("subdivision'') for the Project. Based upon its independent review, the Commission hereby determines, on the basis of substantial evidence in the light of the whole record, that the proposed subdivision does not ' constitute a' substantial change 'in the Project. Further, no liew'inforination 'or substantial importance, which was not previously known or could not have been previously known at the time Mitigated Negative Declaration 05-5 was adopted, shows that: the subdivision will create one or more new, or substantially increased, significant impacts not discussed in Mitigated Negative Declaration 05-5; new feasible mitigations measures or alternatives exist; or new considerably different mitigation measures are feasible to reduce the impacts. The proposed subdivision is within the scope of Mitigated Negative Declaration 05-5. As a result, no further environmental review is necessary other than the adoption of this Addendum No.1. RESOLUTION NUMBER 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 1, 2005 Development Resource Consultants, on behalf of Regency Centers, submitted a request for a Tentative Parcel Map with the Department of Development Services. WHEREAS, Pursuant to 14 Calif. Code of Regs. ~ 15300.1, this project is categorically exempt, in compliance with the provisions of the California 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 901-1101 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 adopted Addendum No. 1. WHEREAS, A duly noticed public hearing was held before the Planning Commission on April 19, 2006 to consider the application for Tentative Parcel Map 2005-311. At the hearing the Planning Commission received into evidence all written and oral testimony presented. WHEREAS, A duly noticed 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. 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 of lot area in Planning District 5, Service Commercial (C-1) zone. (b) The subject property is located at 901-1101 Pacific Coast Highway, Seal Beach. (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 oflot area. (d) The surrounding land uses and zoning are as follows: 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 RHO (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 NORTH SOUTH EAST WEST (e) In response to the mailed and published notice of this hearing staffhas 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 fmds as follows: (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, California, 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. 2. The project shall comply with all sections as adopted in Resolution 5209, titled Public Works Standard Conditions of Anoroval for Vesting and Tentative and Tentative Subdivision Mans, 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. 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 backflowon 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. k. Relocate existing I inch and 1 Yo inch meter at new electrical room. 1. Relocate existing irrigation service and meter, and install new USC approved RP backflow 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 prior to the recordation of the final parcel map: 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. S. 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 of the Notice of Intent (NOl). c. Submit a completed form of the Stormwater Treatment Certification Form d. Submit a Operation and Maintenance plan for structural BMPs. e. Submit a Water Quality Management Plan. 6. Landscaping shall include pavers surrounding trees every IS-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 curb/gutter/sidewalk 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 California 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. 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 certificates. Proof of ownership and proof of original signatures shall also be required. 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 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 pennitted 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, at a meeting thereof held on the 22nd day of May 2006, by the following vote: AYES: Councilmember NOES: Councilmember ABSENT: Councilmember Mayor ATTEST: Linda Devine, City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) I, Linda Devine, City Clerk of Seal Beach, California, do hereby certify that the foregoing resolution is the original copy of Resolution Number 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 day of . 2006. City Clerk ATTACHMENT 2 PLANNING COMMISSION STAFF REPORT, RESOLUTION, AND EXCERPT OF MEETING MINUTES OF APRIL 19, 2006 Agenda Item_ Aprill9,2006 STAFF REPORT To: Honorable Chairman and Planning Commission From: Christy Teague Senior Planner TENTATIVE PARCEL MAP 2005-311 921-1101 Pacific Coast Highway SEAL BEACH CENTER Subject: Applicant: Owner: Location: Classification of PropertY: Reauest Summary: Environmental Review: Code Sections: Recommendation: REGENCY CENTERS REGENCY CENTERS THE SUBJECT PROPERTY IS LOCATED AT THE NORTHEAST CORNER OF PACIFIC COAST HIGHWAY AND BOLSA AVENUE AND HAS APPROXIMATELY 795 FEET OF FRONTAGE ON PACIFIC COAST HIGHWAY TO THE SOUTH, 117 FEET OF FRONTAGE ON BOLSA AVENUE TO 1HE WEST, 706 FEET OF FRONTAGE ON BOLSA AVENUE TO TIlE NORTH, AND 488 FEET OF FRONTAGE ON BALBOA DRIVE TO THE EAST. GENERAL PLAN - COMMERCIAL SERVICE ZoNING MAP - SERVICE COMMERCIAL (C-l) TENTATIVE PARCEL MAP 2005-311 - APPRovAL OF A PARCEL MAP TO LEGALLY ESTABLISH TIlE REQUESTED 5 PARCELS ON THE APPROXIMA TEL Y 7.90 ACRE PROPERTY. THE NEW LOTS MEET THE MlNIMUM PARCEL SIZE OF 7,000 SQUARE FEET. THIs PROPOSAL IS CATEGORICALLY EXEMPT FROM CEQA REVIEW. THE RENOVATION OF TIlE SEAL BEACH CENTER WAS APPROVED THROUGH INrrrAL STUDY!MITIGATED NEGATIVE DECLARATION 05-5. Section 21-7 and Section 21-11 Subdivisions OF 1HE CODE OF 1HE CITY OF SEAL BEACH. STAFF RECOMMENDS APPROVAL OF TPM 2005-311, SUBJECT TO CONDITIONS, THROUGH ADOPTION OF RESOLUTION 06-11. I FACTS' Tentative Parcel Map 2005-311 901-1/01 Pacific Coast Highway Planning Commission Staff Raport April 19, 2006 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. a The subject Tentative Parcel Map application is categorically exempt from CEQA. Mitigated Negative Declaration 05-5 was approved by the Planning Conunission and City Council for the shopping center renovation. a The Planning Conunission is an advisoI)' body to the City Council on Tentative Parcel Maps. . After Planning Commission approves TPM 2005-311, the City Council will hold a future public hearing on this request. a The subject property is located at the northeast comer of Pacific Coast Highway and Bolsa Avenue and bas approximately 795 feet of frontage on Pacific Coast Highway to the south, i 17 feet of frontage on Bolsa Avenue to the west, 706 feet of frontage on Balsa Avenue to the north, 488 feet of frontage on Balboa Drive to the east. a At its meeting held December 7, 2005, the Planning Conunission approved: o Mitigated Negative Declaration 05-5 for the Seal Beach Center Renovation o Conditional Use Pennit 05-3 for Market: 24-Hour Operations and Alcohol Sales o Height Variation 05-5 for Market: 7-Feet High Architectural Feature o Conditional Use Pennit 05-4 for Drug Store: Drive-Through, 24-Hour Operations and Alcohol Sales o Conditional Use Permit 05-13 for Daily Grind Coffee: Drive-Through, Outdoor Dining and 5:00 a.m. Opening o Conditional Use Permit 05-16 for Service Station: 24-Hour Operations o At its meeting held December 12,2005, the City Council approved: o Mitigated Negative Declaration 05-5 for the Seal Beach Center Renovation a At its meeting held April 5, 2006, the Planning Commission approved: o Planned Sign Program 06-1 2 Tentative Parcel Map 2005-311 901-1101 Pacific COfJJIt Highway PIOll1ling Commission StqIJ Report April 19. 2006 [J The surrounding land uses and zoning are as follows: NORTII SOUTH 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 Use/Recreation) 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 . EAST WEST o The City's General Plan and zoning map both designate the subject property as Service Commercial. [J Tentative Parcel Map No. 2005-311 will create five parcels on the subject property. Below is a summary of the proposed parcels for Parcel Map 2005-311: Parcel Number ProDosed Use Gross Area Parcell Parcel 2 Parcel 3 Parcel 4 Parcel 5 Drug Store and Parking Shops, Restaurant and Parking Market and Parking Service Station and Parking Shop and Parking TOTAL 1.34 acres 2.46 acres 3.09 acres .64 acres .37 acres 7.9 acres [J The minimum lot size and area permitted in the Service Commercial regulations is 70' x 100', with a minimum lot area of 7,000 square feet. The proposed lots meet these requirements. The smallest parcel, Parcel 5, is .37 acres, or 16,117 square feet. [J Generally, parcel maps are used for the creation of four lots or less and tract maps are used for the creation of five lots or more according to state regulations known as the Subdivision Map Act. In this case, however, five lots are being created through a parcel map due to an exception stated in Government Code ~ 66426 (c) for commercial development. [J Staff has received no comments, written or other, regarding the mailed/published notice regarding Tentative Parcel Map 2005-311 as of April 12, 2006. 3 Tentative Parcel Map 2005-311 901-1101 Pacific Coast Highway Planning Commission StqfJ Report April 19, 2006 I DISCUSSION ~ o Tentative Parcel Map 2005-311 has been submitted by Development Resource Consultants, on behalf of Regency Centers, to create five separate parcels for the Seal Beach Center property located at 901-1101 Pacific Coast Highway on a single 7.9 acre property. The minimum lot size in the Service Commercial (C-1) zone is 70' x 100', and a minimum lot size of 7,000 square feet. o Govemment Code ~ 66473.5 requires that a local agency must find that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan. o In determining to approve the subject Tentative Parcel Map, the City must ultimately make findings regarding the following issues, pursuant to Government Code ~ 66474: o The proposed map or the design or improvements of the proposed subdivision are consistent with the applicable general plan. Staff Comment: The proposed Tentative Parcel Map 2005-311 is consistent with the General Plan and the Zoning Ordinance provisions of the City. o The site is physically suited for the proposed type of density of development. Staff Comment: The proposed development complies with all existing land nse development standards for the Service Commercial (C-l) standards of the City. Q The design or proposed improvements will not - cause substantial environmental damage, or substantially or avoidably injure fish, wildlife, or other habitats, or cause serious public health problems. The City may approve a map if an environmental impact report ("EIR") was prepared and appropriate [mdings are made that specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives evaluated in the EIR. Staff Comment: Mitigated Negative Declaration 05-5 has not identified any impacts of the proposed project that would cause substantial environmental damage, or substantially or avoidably injure fish, wildlife, or other habitats, or cause serious public health problems. 4 Tel'ltative Parcel Map 2005-311 901-1101 Pacific Coast Highway Plf11l1ling Commission Staff Report April 19. 2006 o The design or the types of subdivision improvements will not conflict with public easements for access through or use of property within the proposed subdivision. The City may approve a map if alternate public easements will be provided. Staff Comment: There are no existing public easements for access through the property associated with the request for Tentative Parcel Map 2005-311. The Public Works Department has reviewed the Tentative Parcel Map and recommended conditions of approval that are incorporated into the proposed resolution regarding Tentative Parcel Map 2005-311. I RECOMMENDATION I Staff recommends that after receiving both written and oral testimony presented during the public hearing, the Planning Commission recommend approval by the City Council of Tentative Parcel Map 2005-311 through Resolution 06-11 based on the following findings: 1. The proposed Tentative Parcel Map is beneficial to the short term and long tenn land use goals of the City of Seal Beach; will promote the public health, safety and welfare; and is in the public interest. 2. The proposed Map is consistent with applicable General Plan elements and the proposed development application in that the Map will establish new parcels that are consistent with said plans. 3. The design of the parcel map will not interfere with existing easements, acquired by the public or utilities that serve the public. 4. The site is physically suitable for the proposed subdivision. 5. The design of the subdivision is not likely to cause substantial environmental damage as all mitigation measures contained in Mitigated Negative Declaration 05-5 to protect the environment will be implemented. 6. The design or proposed improvements will not cause substantial environmental damage, or substantially or avoidably injure fish, wildlife, or other habitats, or cause serious public health problems. Approval of Tentative Parcel Map 2005-311 should be through the adoption of Resolution No. 06-11, with the following conditions in place: 5 Tentative Parcel Map 2005-311 901-1101 Pacific Coast Highway Planning Commission StajJReport April 19, 2006 1. The project shall comply with all sections as adopted in Resolution 5209, titled Public Works Standard Conditions of Apnroval for Vestinl1: and Tentative and Tentative Subdivsion MaDS. 2003 Edition. 2. 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 backt10w 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. (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 backt10w on all new commercial services. G) 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. (k) Relocate existing 1 inch and 1 Yo inch meter at new electrical room. (1) Relocate existing inigation service and meter, and install new USC approved RP backt10w 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. 3. For the sewer systems, the following conditions shall apply prior to the recordation of the final parcel map: (a) All sewers within the development shall be private. 6 Tentativa Parcel Map 2005-311 901-Il01 Pacific Coast Highway Planning Commission Staff Report April 19, 2006 (b) Provide oil water separator for fuel station. (c) Provide calculations showing estimated sewage generation and adequacy of sewers. 4. 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 of the Notice of Intent (NOI). (c) Submit a completed form of the Stormwater Treatment Certification Form (d) Submit a Operation and Maintenance plan for structural BMPs. (e) Submit a Water Quality Management Plan. 5. 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. 6. 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. 7. Repair damaged curb/gutter/sidewalk 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. 8. The applicant shall obtain necessary approvals for the project from the California Department of Transportation (CalTrans). 9. 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. 10. All conditions from the City of Seal Beach Departments shall be incorporated into the parcel map prior to subrnitting the final parcel map for review. 11. 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. 7 Tentative Parcel Map 2005-311 901-1101 Pacific Coast Highway Planning Commission StqffReport Apri/19,2006 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 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 i1'lmages, judgments, verdicts, court costs or attorneys' fees in any such lawsuit or action. For: April 19, 2006 C~~ Department of Development Services Attachments: (2) Attachment I: Proposed Planning Commission Resolution 06- I 1, A Resolution of the Planning Commission of the City of Seal Beach Recommending to the City Council Approval of Tentative Parcel Map 2005-311 at 901-1101 Pacific Coast Highway, Seal Beach Attachment 2: Tentative Parcel Map 2005-31 I 8 Tentative Parcel Map 2005-311 901-1101 Pacific Coast Highway Planning Commission Staff Report April 19, 2006 ATTACHMENT 1 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH RECOMMENDING TO THE CITY COUNCIL APPROVAL OF TENTATIVE PARCEL MAP 2005- 311 AT 901-1101 PACIFIC COAST HIGHWAY, SEAL BEACH 9 Tentative Parcel Map 2005-311 901-1101 Pacific Coast Highway Planning Commission Staff Report April 19, 2006 RESOLUTION NUMBER 06 - 11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH RECOMMENDING TO TIlE CITY COUNCIL APPROVAL OF TENTATIVE PARCEL MAP 2005-311 AT 901-1101 pACIFIC COAST mGHW A Y, SEAL BEACH TIlE PLANNING COMMISSION OF TIlE CITY OF SEAL BEACH DOES HEREBY RESOL VB: Section 1. 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. Section 2. The proposed request is to approve Tentative Parcel Map 2005-311 to create 5 parcels on the 7.9 acres, with a minimum parcel size of 0.37 acres. Section 3. Pursuant to 14 Calif. Code of Regs. ~ 15300.1, this project is categorically exempt, in compliance with the provisions of the California Environmental Quality Act. Section 4. A duly noticed public hearing was held before the Planning Commission on April 19, 2006 to consider the subject Tentative Parcel Map. At the public hearing, the Planning Commission invited and considered any and all testimony offered in favor or opposition to said"Tentative Parcel Map. Section 5. Tentative Parcel Map No. 2005-311 will create five new parcels on the subject property. Below is a summary of the proposed parcels for Parcel Map 2005-311: Parcel Number Proposed Use Gross Area Parcell Parcel 2 Parcel 3 Parcel 4 ParcelS Drug Store and Parking Shops, Restaurant and Parking Market and Parking Service Station and Parking Shop and Parking TOTAL 1.34 acres 2.46 acres 3.09 acres .64 acres .37 acres 7.9 acres 10 Tentative Parcel Map 2005-311 901-Il01 Pacific Coast Highway Planning CommisSion Stqff Report April 19. 2006 Section 6. Based upon substantial evidence in the record of the hearing, including the facts stated in Sections 1 through 5 of this resolution prepared in conjunction with this project, and pursuant to ~~ 21-7 and 21-11 of the City's Code, the Planning Commission hereby finds: (a) The proposed Tentative Parcel Map is beneficial to the short term and long term land use goals of the City of Seal Beach; will promote the public health, safety and welfare; and is in the public interest. (b) The proposed Map is consistent with applicable General Plan elements and the proposed development application in that the Map will establish new parcels that are consistent with said plans. (c) The design of the parcel map will not interfere with existing easements, acquired by the public or utilities that serve the public. (d) The site is physically suitable for the proposed subdivision. (e) The design of the subdivision is not likely to cause substantial environmental damage as all mitigation measures contained in Mitigated Negative Declaration 05-5 to protect the environment will be implemented. (t) The design or proposed improvements will not cause substantial environmental damage, or substantially or avoidably injure fish, wildlife, or other habitats, or cause serious public health problems. Section 7. Based upon the foregoing, the Planning Commission of the City of Seal Beach does recommend that the City Council approve Tentative Parcel Map 2005-311, subject to the following conditions: 1. The project shall comply with all sections as adopted in Resolution 5209, titled Public Works Standard Conditions of Approval for Vestine: and Tentative and Tentative Subdivsion Maps. 2003 Edition. 2. 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. 11 Tentativa Parcel Map 2005-311 901-1101 Pacific Coast Highway Planning Commission Staff Report April 19.2006 (e) Demolish existing 8-inchmarket 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. (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 backtlow on all new commercial services. CD 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. (k) Relocate existing I inch and I Yo inch meter at new electrical room. (1) Relocate existing irrigation service and meter, and install new USC approved RP backf!ow 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. 3. For the sewer systems, the following conditions shall apply prior to the recordation of the final parcel map: (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. 4. 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~delines. . (b) Submit a copy of the Notice of Intent (NOl). (c) Submit a completed form of the Stormwater Treatment Certification Form 12 Tentative Parcel Map 2005-311 901-1101 Pacific Coast Highway Planning Commission Staff Report April 19. 2006 (d) Submit a Operation and Maintenance plan for structural BMPs. (e) Submit a Water Quality Management Plan. 5. Landscaping shall include pavers surrounding trees every IS-feet on center on the public right-of-way on the soulh side of Balsa Avenue. Final paver selection and installation shall be approved by the Director of Public Works/City Engineer. 6. Sod shall be planted in the street paxk.ways on both sides of Bolsa Avenue; the south side sha1l be permanently maintained by the shopping center. The final planting plan shall be approved by the Director of Public Works/City Engineer. 7. Repair damaged curb/gutter/sidewalk 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. 8. The applicant shall obtain necessary approvals for the project from the Califomia Department of Transportation (CalTrans). 9. All missing trees within public rights-of-way sha1l be replaced with palm trees of equal size or equivalent as approved by the Director of Public Works/City Engineer. 10. All conditions from the City of Seal Beach Departments shall be incorporated into the parcel map prior to submitting the final paxcel map for review. 11. Documentation shalI 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. 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 claims, lawsuits or actions axising 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. 13 Tentative Parcel Map 2005-3// 90/-110/ Pacific Coast Highway Planning Commission Striff Report April/9,2006 PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the day of . 2006 by the following vote: AYES: Commissioners NOES: Commissioners ABSENT: Conrinissioners ABSTAIN: Commissioners Gordon Shanks, Chainnan Planning Commission Lee Whittenberg, Secretary Planning Commission 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 [Q)~Wii City of Seal Beach Planning Commission Meeting Minutes of April 19, 2006 Commission (PC) could only provide comments to Staff on this issue, but would have no power to impose a condition, as there are no discretionary approvals required. Chairperson Shanks stated that he would like to have a better understanding of lighting standards. Mr. Whittenberg suggested that the PC Receive and File tonight's report, and this issue will be continued to a future agenda as a general discussion item on parking lot lighting levels. He cautioned that Staff could not guarantee that this item would appear on the May 17, 2006 agenda, as the Senior Planner and the Director of Development Services will both be on vacation during the last week in April and the first two weeks in May. Commissioner Deaton agreed with Mr. Huzienga that a long single screen should be used to screen the roof equipment rather than individual screening boxes. Mr. Whittenberg stated that the report has presented the types of materials that can be used and it may be possible to use one long screen, but there are a number of roof vents located along the rear area where the roofline ends. He noted that City ordinances only require that roof equipment be screened when viewed from a public roadway, and these units cannot be seen from the roadway. Mr. Bucy indicated that Regency Centers would attempt to address this as suggested; taking into account the roof vents, and try to continue the fayade as much as possible. He noted that because of these vents, the tile rOOfing could not be continued along this area. Chairperson Shanks stated that he would like to see what other coastal cities are doing regarding screening of roof equipment in relation to the view from second stories. Mr. Whittenberg indicated that Staff could return with this infonnation in either June or July. MOTION by Ladner; SECOND by Roberts to Receive and File the Memoranda on Seal Beach Center Lighting Analysis and Seal Beach Center Roof Equipment Screening as presented. c MOTION CARRIED: AYES: NOES: ABSENT: 5-0 Shanks, Deaton, Ladner, O'Malley, and Roberts None None PUBLIC HEARINGS 4. Tentative Parcel Map 2005-311 901-1101 Pacific Coast Hwy (Seal Beach Center) Applicant/Owner: Regency Centers ~ ( 4 of 12 [Q)~n City of Seal Beach Plennlng Commission Meeting Minutes of April 19, 2006 1 Request: Approval of a parcel map to legally establish the requested 5 2 parcels on the approximately 7.90-acre property. The new 3 lots meet the minimum parcel size of 7,000 square feet. 4 Recommendation: Approval, subject to conditions, and adoption of Resolution 5 06-11 as presented. 6 7 Staff ReDort 8 9 Ms. Teague delivered the staff report. (Staff Report is on file for inspection in the 10 Planning Department.) She provided some background information on this item and 11 stated that Staff recommends approval, subject to conditions, and adoption of 12 Resolution 06-11, and that this be forwarded to City Council for their approval. 13 14 Commissioner Questions 15 16 Commissioner Deaton asked if Proposed Shop 1 on the Tentative Parcel Map was to be 17 considered an independent lot. Ms. Teague stated that each of the 5 parcels would be 18 considered an independent lot, with the new Vons Market being Lot 5 and would include 19 the Proposed Shop 1; a 2,700 square foot tenant lease space attached to the market 20 building facing' Pacific Coast Highway. . "Commissioner' Deaton confirmed that. the 21 minimum parcel size must be at least 7,000 sq. ft. Ms. Teague confirmed that this was 22 correct, and noted that Lot 5 measures 0.35 acres and the lot measurement would 23 include the store parking lot area. Mr. Whittenberg added that a revised Resolution 4 06-11 is provided with clarification on the environmental review language. Mr. Abbe '~5 added that this was basically a reference to Mitigated Negative Declaration 05-5 26 previously approved in December 2005, since the City was not aware at that time that 27 the property was to be subdivided. He stated that this additional text simply 28 recommends to City Council that they include a reference to the subdivision in the 29 project description. He noted that this type of technical change does not require 30 additional public notice or a hearing. 31 32 Public Hearina 33 34 Chairperson Shanks opened the public hearing. 35 36 Erwin Suey explained that the subdivision is taking place because Vans and Sav-On 37 want separate tax parcels in order that they may directly pay the tax authority, and 38 eliminate any questions related to the allocation of values in comparing the older, 39 remodeled structure to the higher taxed new construction. Commissioner Deaton 40 confirmed that once the parcels are divided, they could be sold individually. Mr. Sucy 41 said this was correct. Commissioner Deaton then asked if the tenants are aware of the 42 subdivision into five separate parcels. Mr. Suey stated that the existing tenants are 43 aware of this, but Regency has no plans to sell the property. Commissioner Deaton 44 asked if this means that the tenants in the shop building would require new leases. Mr. 45 Suey said it would not. Commissioner Deaton asked how the Shorehouse fits into this. '1 Mr. Suey stated that the Shorehouse is an older building and as such, is part of the 5 of 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 [Q)~n City of Seal Beach Planning Commission Meeting Minutes of April 19, 2006 same parcel as the shop building. He explained that the property is being subdivided in this manner to help limit Regency's involvement in property tax payments by the larger tenants. ( Art Warner spoke in opposition to subdivision, as one entity is no longer responsible for the entire center, and when there is a problem, residents will not know which entity to contact. He noted that there would be no continuity and no one would want to take responsibility for addressing concerns. He said that he sees no benefit to subdivision and reminded the PC that they must consider the needs of the adjacent residents along with the character and design of Seal Beach as a community. Mr. Bucy stated that there would not be fIVe separate owners, but that Regency would be the sole owner, and in the event the property is sold, the City will require an Operating & Easement Agreement (OEM), wherein there will be one responsible party for operation and maintenance of the common area, which is typical. He said that subdivision would benefit the long-term tenants because they will not be liable for any new construction costs or taxes. Commissioner Deaton asked whom residents would contact regarding their complaints. Mr. Bucy stated that they would contact Regency Centers. He reiterated that Regency will still own the shopping center and is responsible - for" managing -and operating- the -center. "He noted "that -architectural compatibility is also included in the CC&R's, and Regency has spent a lot of time making sure that the drug store and Vons have conforming elevations. Commissioner Roberts asked what percentage of Regency Centers have been subdivided. Mr. Bucy stated that approximately 90 percent of their project are subdivided. c There being no one else wishing to speak, Chairperson Shanks closed the public hearing. Commissioner Comments Commissioner Roberts stated that the primary consideration would be whom customers and residents would contact to help address complaints, and he believes this has been adequately addressed. He noted that the benefit to other retailers in subdividing the center would outweigh this concern. Mr. Whittenberg explained that the Old Ranch Town Center was also subdivided into 10 separate parcels, with most of the anchor tenants having a separate parcel. He said that this project also requires CC&R's that apply to the entire center, similar to a condominium development, as well as reciprocal parking agreements. He indicated that the PC recently approved a Tentative Parcel Map to do the same thing in the Leisure World Shopping Center, and noted that this is usually driven by the major tenants wanting to own their building and the parking on which they can pay taxes. He stated that the City has sufficient agreements to ensure that the overall maintenance of the center is taken care of and that problems will be adequately addressed. Commissioner Deaton asked about the OEM. Mr. Whittenberg stated that this is the same as the CC&R's. ( 6 of 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 '4 -..:5 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 ''3 [Q)~n City of Sf/sl Besch Planning Commission Meeflng Minutes of April 19, 2006 Chairperson Shanks noted that City Staff has dealt in depth with Regency Centers on this project, and although it may appear questionable, it does not mean that the standard of quality for the shopping center will deteriorate, as residents will still have the option of contacting City Staff or their councilperson regarding their concerns. MOTION by Ladner; SECOND by O'Malley to recommend approval of Tentative Parcel Map 2005-311 to City Council and adopt Resolution 06-11 as amended. MOTION CARRIED: AYES: NOES: ABSENT: 5-0 Shanks, Deaton, Ladner, O'Malley, and Roberts None None Mr. Whittenberg advised that the adoption of Resolution No. 06-11 is a recommendation to City Council and there will be a public hearing scheduled at the Council level to consider approval of Tentative Parcel Map 2005-311, and notice of this hearing will be circulated as soon as the date of the hearing is scheduled. He then requested a 5- minute recess prior to beginning the study session. Meeting recessed-at 8:25 p.m. . - Meeting reconvened at 8:30 p.m. STUDY SESSION 5. Mansionization Recommendation: Conduct Study Session to provide direction to Staff. Staff ReDort Mr. Whittenberg delivered the staff report. (Staff Report is on file for inspection in the Planning Department.) He provided a PowerPoint presentation, which provided some general information on the issue of mansionization. how it is affecting other cities, and what some cities have done in attempting to deal with this problem. (PowerPoint presentation is on file for inspection in the Planning Department.) He described mansionization as the process where existing single-family, detached homes are demolished or enlarged to create houses that are several times larger than the originals, commonly referred to as "monster" homes, and noted that this is occurring with more frequency within the City of Seal Beach. He indicated that the increase in the size of homes is related to the desire for increased amenities such as additional bedrooms, bathrooms, larger garage sizes, higher ceilings, and entryways. He noted that due to smaller lots having to accommodate larger new, two-story homes whenever smaller, older homes are demolished, mansionization is occurring more frequently within Old Town. He stated that on The Hill and in College Park East (CPE) and College Park 70f12 I R ~IS~:w, I I, i . 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