HomeMy WebLinkAboutCC AG PKT 2006-04-24 #W
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AGENDA REPORT
DATE:
April 24, 2006
TO:
Honorable Mayor and City Council
THRU:
John B. Bahorski, City Manager
FROM:
Lee Whittenberg, Director of Development Services
.
SUBJECT: PUBLIC HEARING MITIGATED NEGATIVE
DECLARATION 06-1; GENERAL PLAN AMENDMENT 06-1;
ZONE CHANGE 06-1; and TENTATIVE PARCEL MAP 2005-
257 - 400 MARINA DRIVE PROJECT
SUMMARY OF REQUEST:
After receiving all public testimony and considering the recommendations of the PJAnni11g
Commission, take the following actions:
a Approve Mitigated Negative Declaration 06-1, determining to adopt certain "Mitigation
Measures" to reduce environmental impacts identified within Mitigated Negative
Declaration 06-1 as "Less Than Significant With Mitigation Incorporated". Please see
Attachment 1 for the proposed resolution.
a Approve General Plan Amendment 06-1 - A request to amend the Land Use and Housing
Elements of General Plan to designate the subject property, a 13,667 square foot,
0.31 acre property, from Commercial General to Residential High Density. Please see
Attachment 2 for the proposed resolution.
a Approve Zone Change 06-1 - A request to change the zoning designation on the subject
property from General Commercial (C-2) to Residential High Density (RHO), District I
to be consistent with the General Plan revision. Please see Attachment 3 for the proposed
ordinance,
o Approve Tentative Parcel Map 2005-257 - A request to approve a parcel map to legally
create 4 parcels on the approximately 0.31 acres, with a minimum parcel size of 2,937.5
square feet. Please see Attachment 4 for the proposed resolution.
Agenda Item \tJ
\lDAT~U....\LWhitlt:DborIIMy DooumomsIGPAIGPA 06-1 &. 'Y:.06-1.CC SlaffRoport.400 MariDa Drivo,doc\L W\Il4-06-ll6
i' r
Negative Declaration 06-1, General Plan Amendment 06-1,
Zone Change 06-1 and Tentative Parcel Map 2005-257
400 Marina Drive Project
City Council Staff Report
April 24, 2006
BACKGROUND:
o On November 21, 2005 Schwendener Corporation submitted requests for a
General Plan Amendment, Zone Change, and Tentative Parcel Map with the
Department of Development Services.
o Specifically, the applicant is seeking approval of the following actions:
o Amend the Land Use and Housing Elements of General Plan to designate
a 13,667 square foot, 0.31.acre, property from Commercial General to
: Residential High Density;
o Change the zoning designation on this parcel from General Commercial
(C-2) to Residential High Density (RHO), District I to be consistent with
the General Plan revision;
o Approval of Tentative Parcel Map 2005-257 to create 4 parcels on the
approximately 0.31 acres, with a minimum parcel size of 2,937.5 square
feet; and
o Construct 4 new single family residences ranging in size from
approximately 2,500 to 3,000 square feet.
o In keeping with the requirements of the California Environmental Quality Act
(CEQA), staff has completed an initial environmental assessment and prepared
Mitigated Negative Declaration 06-1 for the proposed project (please refer to
Attachment 7 of the Planning Commission Staff Report). The public comment
period was between February 23 and March 27, 2006.
o The public comment period for Mitigated Negative Declaration 06-1 ended on
March 27, 2006 and staff has prepared and circulated the "Responses to
Comments for Initial Study/Mitigated Negative Declaration 06-1" on March 28,
2006 (please refer to Attachment 8 of the Planning Commission Staff Report). A
copy of the ''Responses to Comments for Initial Study/Mitigated Negative
Declaration 06-1" was provided to all commenting parties on March 28, 2006.
o The Planning Commission conducted. a public hearing on the proposed Mitigated
Negative Declaration, General Plan Amendment, Zone Change and Tentative Parcel
Map on AprilS, 2006. After consideration of all public testimony, the Commission
determined to recommend approval of all the project requests to the City Council
and adopted the appropriate Resolutions on 5 - 0 votes. Copies of the adopted
Planning Commission resolutions are provided as Attachments 5 through 8,
respectively. A copy of the Planning Commission Minutes of April 5, 2006 is
provided as Attachment 9, and the Planning Commission Staff Report is provided as
Attachment 10. The development and Tentative Parcel Map plans are provided as
attachments to the Planning Commission Staff Report.
3
GPA 06-1 &ZC 06-I.CC StaffRoport.400 MarinaDrivc
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Attachment 4:
Attachment 5:
Attachment 6:
Attachment 7:
Attachment 8:
Attachment 9:
Attachment 10:
Negative Declaration 06-1, General Plan Amendment 06-1,
Zone Change 06-1 and Tentative Parcel Map 2005-257
400 Marina Drive Project
City Council Staff Report
April24, 2006
Resolution Number --> A Resolution of the City Council
of the City of Seal Beach Approving Tentative Parcel Map
No. 2005-257 (400 Marina Drive Project)
Planning Commission Resolution 06-17, A Resolution of
the Planning Commission of the City of Seal Beach
Recommending to the City Council Adoption of Mitigated
Negative Declaration 06-1, 400 Marina Drive Project
Planning Commission Resolution 06-3, A Resolution of the
Planning Commission of the .City of Seal Beach
Recommending to the City Council Approval of General
Plan Amendment 06-1, Amending the Land Use and
Housing Elements (400 Marina Drive Project)
Resolution Number 06-4, A Resolution of the Planning
Commission of the City of Seal Beach Recommending to
the City Council Approval of Zone Change 06-1, Changing
the Zoning Designation from General Commercial (C-2) to
Residential High Density, District I, at 400 Marina Drive
Resolution Number 06-2, A Resolution of the Planning
Commission of the City of Seal Beach Recommending to
the City Council Approval of Tentative Parcel Map 2005-
257
Draft Planning Commission Minute Excerpt, April 5, 2006
Planning Commission Staff Report, dated April 5, 2006,
including the following attachments:
Attachment 1: Proposed Planning Commission Resolution
06-17, A Resolution of the Planning
Commission of the City of Seal Beach
Recommending to the City Council
Adoption of Mitigated Negative Declaration
06-1,400 Marina Drive Project
Attachment 2: Proposed Planning Commission Resolution
06-3, A Resolution of the Planning
Commission of the City of Seal Beach
Recommending to the City Council
Approval of General Plan Amendment 06-1,
Amending the Land Use and Housing
Elernents (400 Marina Drive Project)
Cl:PA 06-1 "ZC 06-I.CC StaffRoport.400 Marina Driv.
5
r ';
GPA 06-1 &: ZC O6-I.CC StaffRoport.400 Marina Drive
Negative Declaration 06-1, General Plan Amendment 06-1,
Zone Change 06-1 and Tentative Parcel Map 2005-257
400Marma~ivePr~ect
City Council Staff Report
Aprl124, 2006
the Department of Development Services
and will be available at the public hearing
7
l' ;
Negative Declaration 06-1, General Plan Amendment 06-1,
Zone Change 06-1 and Tentative Parcel Map 2005-257
400 Marina Drive Project
City Council Staff Report
April24. 2006
ATTACHMENT 1
RESOLUTION NUMBER ---' A
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEAL BEACH ADOPTING
MmGATED NEGATIVE DECLARATION
06-1, 400 MARINA DRIVE PROJECT, AND
INSTRUCTING STAFF TO FILE
APPROPRIATE DOCUMENTATION WITH
THE COUNTY OF ORANGE
8
OPA 06-1 '" ZC 06-1.CC StaffRoport.400 Marina Drive
f ;
Negative Declaration 06-1, General Plan Amendment 06-1,
Zone Change 06-1 and Tentative Parcel Map 2005-257
400 Marina Drive Project
City Council Staff Report
April 24, 2006
RESOLUTION NUMBER
A RESOLUTION OF 1HE CITY COUNCIL OF
1HE CITY OF SEAL BEACH ADOPTING
MITIGATED NEGATIVE DECLARATION 06-1,
400 MARfNA DRIVE PROJECT, AND
INSTRUCTING STAFF TO FILE APPROPRIATE
DOCUMENTATION WI1H 1HE COUNTY OF
ORANGE
1HE CITY COUNCIL OF 1HE CITY OF SEAL BEACH DOES HEREBY
RESOL VB:
WHEREAS, on November 21, 2005 Schwendener Corporation submitted requests for a
General Plan Amendment, Zone Change and Tentative Parcel Map with
the Department of Development Services; and
WHEREAS, The proposed project seeks approval of the following actions, as requested
by Schwendener Corporation:
Cl Amend the Land Use and Housing Elements of General Plan to
designate a 13,667 square foot, 0.31.acre, property from
Commercial General to Residential High Density;
Cl Change the zoning designation on this parcel from General
Commercial (C-2) to Residential High Density (RHO), District I to
be consistent with the General Plan revision;
Cl Approve Tentative Parcel Map 2005-257 to create 4 parcels on the
approximately 0.31 acres, with a minimum parcel size of 2,937.5
square feet; and
WHEREAS, the City has prepared "Proposed Initial Study/Mitigateq Negative
Declaration 06-1, General Plan Amendment 06-1, Zone Change 06-1 and
Tentative Parcel Map 2005-257 - 400 Marina Drive Project" (SCH #
2006021131) as required by the California Environmental Quality Act
(CEQA); and
WHEREAS, the comment period on Mitigated Negative Declaration 06-1 ended on
March 27,2006. The City received 6 responses to the Mitigated Negative
Declaration. The City had received comments on the proposed Mitigated
Negative Declaration from:
9
O"!,A 06-1""K:. D6-l.CC StaffRoport.400 Marina Driv.
1'. ..
Negative Declaration 06-1, General Plan Amendment 06-1,
Zone Change 06-1 and Tentative Parcel Map 2005-257
400 Marina Drive Project
City Council Staff Report
April 24, 2006
o Orange County Fire Authority;
o California Coastal Commission;
o California Department of Transportation, District 12;
o Southern California Association of Governments;
o Pat Kearns; and
o City of Seal Beach Environmental Quality Control Board Minutes of
March 15,2006; and
WHEREAS the City prepared a "Response to Comments" document dated March 28,
2006, that includes written responses to all of the above-received comments
. on the subject Initial StudylMitigated Negative Declaration and determining
. that all issues raised during the public comment period have been evaluated
and no significant impacts have been raised. A copy of that document was
provided for the information of the City Council; and
WHEREAS, a duly noticed public hearing was held by the Planning Commission on April
5,2006 to consider Mitigated Negative Declaration 06-1 and the requested
General Plan Amendment 06-1, Zone Change 06-1 and Tentative Parcel
Map 2005-257; and
WHEREAS, the Planning Commission received into evidence the Staff Report of April 5,
2006, along with all attachments thereto, and considered all public testimony
presented; and
WHEREAS, the Planning Commission determined to recommend to the City Council the
adoption of Mitigated Negative Declaration 06-1 through the adoption of
Planning Commission Resolution No. 06-17; and
WHEREAS, the City Council considered the adoption of the subject Mitigated
Negative Declaration 06-1, 400 Marina Drive Project Mitigation
Monitoring and Reporting Program, and Responses to Co=ents
documents, along with a Staff Report on April 24, 2006 at a noticed public
hearing and received additional public co=ents; and
WHEREAS, the City has addressed each of these concerns within the Initial
Study/Negative Declaration document. Moreover, although CEQA does
not require responses to comments made concerning a negative
declaration, the City responded in writing to comments received, in the
"Responses to Comments for Initial Study/Mitigated Negative Declaration
06-1,400 Marina Drive Project" document dated March 28, 2006.
NOW, lHEREFORE BE IT RESOLVED, that the City Council hereby:
10
OPA 0&-1 &ZC 06-l.CC StaffRoport.400 Marina Dri..
'f ;
Negative Declaration 06-1, General Plan Amendment 06-1,
Zone Change 06-1 and Tentative Parcel Map 2005-257
400 Marina Drive Project
City Council Staff Report
April 24, 2006
1. Finds that there is substantial evidence in the record that the project may have a
significant effect on the environment, but mitigation measures imposed herein would
avoid or mitigate the effects to a point where clearly no significant effect would
occur and there is no substantial evidence in the record that any significant effect
would remain after mitigation.
2. Finds that there has been no evidence presented that Mitigated Negative Declaration
06-1 ~as been "substantially revised" so as to require recirculation under the
California Environmental Quality Act.
3. Adopts Mitigated Negative Declaration 06.1 - 400 Marina Drive Project.
4. Approves and adopts as conditions of approval the Mitigation Measures set forth in
''Exhibit A" of this resolution for Mitigated Negative Declaration 06-1, the 400
Marina Drive Project.
5. Determines that approval of this project involves no potential for adverse effects,
either individually or cumulatively, on wildlife resources and will not have an
adverse impact on fish and wildlife, since there are no identified wildlife
resources on or adjacent to the site.
6. Finds that the foregoing findings are based on substantial evidence in the record,
including without limitation, the draft Mitigated Negative Declaration 06-1, staff
reports and both oral and written testimony. The documents that comprise the
record of the proceedings are on file with the Department of Development Services,
211 Eighth Street, Seal Beach. The custodian of said records is the Director of
Development Services.
7. Instructs the Director of Development Services to file appropriate documentation
with the County of Orange.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal
Beach at a meeting thereof held on the day of , 2006, by
the following vote:
AYES: Councihnembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilrnembers
11
qPA 06-1 &; ZC 06-1.CC StaffRoport.400 MarinaDri\oe
.. .
Negative Declaration 06-1. General Plan Amendment 06-1.
Zone Change 06-1 and Tentative Parcel Map 2005-257
400 Marina Drive Project
City Council Staff Report
April24, 2006
Charles Antos
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
Linda Devine
City Clerk
12
OPA 06-1 "ZC 06-1.CC StaffRoport.400 MoriDa. Drive
i
Negative Declaration 06-1. General Plan Amendment 06-1,
Zone Change 06-1 and Tentative Parcel Map 2005-257
400 Marina Drive Project
City Council Staff Report
April24, 2006
"EXHIBIT A"
MITIGATED NEGATIVE DECLARATION 06-1:
400 MARINA DRIVE PROJECT
ADOPTED MITIGATION MONITORING and
REPORTING PROGRAM, dated April 24, 2006
Mitigation Measure (MM)
CULTURAL RESOURCES
CUL-1 An archaeologist and a Native
American Monitor appointed by the City of
Seal Beach shall be present during earth
removal or disturbance activities related to
rough grading and other excavation for
foundations and utilities. If any earth
removal or disturbance activities result in the
discovery of cultural resources, the Project
proponent's contractors shall cease all earth
removal or disturbance activities in the
vicinity and immediately notify the City
selected archaeologist and/or Native
American Monitor, who shall immediately
notify the Director of Development Services.
The City selected archaeologist shall
evaluate all potential cultural findings in
accordance with standard practice, the
requirements of the City of Seal Beach
Archaeological and Historical Element, and
other applicable regulations, Consultation
with the Native American Monitor, the Native
American Heritage Commission and
data/artifact recovery, if deemed appropriate,
shall be conducted.
qPA 06-1 &: ZC 06-l.CC StaffRoporL400 MIriDa Drive
Timing
Responsible
Party for
Implementation
Comments
Oats
Completed
Prior to
issuance of a
grading pennit
Director of
Development
Services
13
Mitigation Measure (MM)
Negative Declaration 06-1. General Plan Amendment 06-1,
Zone Change 06-1 tmd Tentatitle Parcel Map 2005-257
400 Marina Drive Project
City Council Stqff Report
April 24, 2006
Timing
CULTURAL RESOURCES (Continued)
CUL-2 If evidence of subsurface During grading
paleontologic resources is found during
construction, excavation and other
construction activity in that area shall cease
and the contractor shall contact the City
Development Services Department With
direction from the City Development Services
Department, an Orange County Certified
Paleontologist shall prepare and complete a
standard Paleontologic Resource Mitigation
Program.
CUL-3 Should any human bone be During grading
encountered during any earth removal or
disturbance activities, ail activity shall cease
immediately and the City selected
archaeologist and Native American monitor
shall be immediately contacted, who shall
then immediately notify the Director of
Development Services. The Director of
Development Services shail contact the
Coroner pursuant to Sections 5097.98 and
5097.99 of the Public Resources Code
relative to Native American remains. Should
the Coroner determine the human remains to
be Native American, the Native American
Heritage Commission shell be contacted
pursuant to Public Resources Code Section
5097.98.
GPA 06-1 &ZC 06-1.CC SIBffRoport.400MBriDaDrive
14
Responsible
Party for
Implementation
Director of
Development
Services
Director of
Development
Services
Date
Completed
Comments
Mitigation Measure (MM)
CULTURAL RESOURCES (Continued)
CUL-4 If more than one Native American
burial is encountered during any earth
removal or disturbance activities, a
'Mitigation Plan' shall be prepared and
subject to approval by the City of Seal Beach
Community Development Department and
the Califomia Coasllill Commission. The
Mitigation Plan shall include the following
procedures:
Continued Native American Monitorino
. All ground disturbance in any portions of
the project area with the potential to
contain human remains or other cultural
material shall be monitored by a Native
American representative of the MLD.
Activities to be monitored shall include all
construction grading, controlled grading,
and hand excavation of previously
undisturbed deposit, with the exception
of contexts that are clearly within
undisturbed soil profiles.
. Exposure and removal of each burial
shall be monitored by a Native American.
Where burials are clustered and
immediately adjacent, one monitor is
sufficient for excavetion of two adjoining
burials.
. Excavation of test units shall be
monitored. Simultaneous excavation of
two test units if less than 20 feet apart
may be monitored by a single Native
American.
GPA 06-1 &: ZC 06-1.CC SlBffReport.400 Marina Drive
Negative Declaration 06-1, General Plan Amendment 06-1,
Zone Change 06-1 and Tentative Parcel Map 2005-257
400 MarinQ Drive Project
City Council Stqff Report
April 24, 2006
Timing
Responsible
Party for
Implementation
During grading
Director of
Development
Services
15
Date
Completed
Comments
Mitigation Measure (MM)
CULTURAL RESOURCES (Continued)
CUL-4 (Continued)
. If screening of soil associated with
burials or test units is done concurrently
with and adjacent to the burial or test
unit, the Native American responsible for
that burial or test. unit will also monitor
the screening. If the screening is done
at another location, a separate monitor
shall be required.
. All mechanical excavation conducted in
deposits that may contain human
remains (i.e., all areas not completely
within undisturbed soil profiles) shall be
monitored by a Native American.
Notification Procedures for New Discoveries
. When possible burials are identified
during monitoring of mechanical
excavation, or excavation of test units,
the excavation shall be temporarily
halted while the find is assessed in
consultation with the lead field
archaeologist If the find is made during
mechanical excavation, the
archaeologist or Native American
monitoring the activity shall have the
authority to direct the equipment
operator to stop while the find is
assessed. If it is determined that the find
does not constitute a burial, the
mechanical excavation shall continue.
qPA 06-1 &: ZC 06-1.CC SlBffRcport.400 Mirilla Drive
..
Negative Declaration 06-1, General Plan Amendment 06-1,
Zone Change 06-1 and Tentative Parcel Map 2005-257
400 Marina Drive Project
City Council Stqff Report
April 24, 2006
Timing
Responsible
Party for
Implementation
16
Data
Completed
Comments
;
Mitigation Measure (MM)
CULTURAL RESOURCES (Continued)
CUL-4 (Continued)
Notification Procedures for New Discoveries
(Continued)
. If the find is determined to be a humen
burial, the lead' erchaeologist shall
immediately notify the Site Supervisor for
the developer, as well as the Principal
Investigator. The Principal Investigator
shall immediately notify the MLD and the
Director of Development Services for the
City of Seal Beach. The City shall
provide the Coas~1 Commission with
weekly updates describing any such
finds in writing.
Identification of Additional Burials
. For all discovered human burials,
attempts shall continue to be made to
locate additional burials nearby through
hand excavation t8j:hniques. This shall
be done through the excavation of 1 x 1
m exploratory test units (ETUs) placed
along transects extending radially from
each identified burial or burial cluster.
The spacing of the ETUs shall be
determined upon consultation with the
Project Archaeologist and the MLD. The
radial transects shall be designed to test
areas within 50 feet (15 m) from the
edge of each burial or burial cluster.
Excevation of these units shall be limited
to areas containing intact cultural deposit
(i.e" areas that have not been graded to
the underlying undisturbed soil profiles)
and shall be excavated until the
undisturbed soil profiles are
encountered, or to the excavation depth
required for the approved grading plan.
The soil from the ETUs along the radial
transects shall be screened only if
human remains are found in that unit.
qPA 06-1 &: ZC 06-l.CC SIBffRcport.400 Mirilla On..
Negative Declaration 06-1, General Plan Amendment 06-1,
Zone Change 06-1 and Tentative Parcel Map 2005-257
400 Marina Drive Project
City Council Stqff Report
April24, 2006
Timing
Responsible
Party for
Implementation
17
Date
Completed
Comments
Mitigation Measure (MM)
CULTURAL RESOURCES (Conlinued)
CUL-4 (Continued)
Identification of Additional Burials
(Continued)
. Controlled grading shall be conducted
within these . 50-foot heightened
investigation areas with a wheeled motor
grader. The motor grader shall use an
angled blade that excavates 1 to 2
inches at a pass, pushing the soil to the
side to form a low windrow. Monitors
shall follow about 20 feet behind the
motor grader, examining the ground for
evidence of burials.
. When a burial is identified during
controlled grading, the soil in windrows
that may contain fragments of bone from
that burial shall be screened. At a
minimum this shall include the soil in the
windrow within 50 feet of the burial in the
direction of the grading.
. If additional burials are found during
controlled grading, additional ETUs will
be hand excavated in the radial patterns
described above.
qPA 06-1 &: ZC 06.I.CC SIBffRoport.400 MIrilla Drive
..
Negative Declaration 06-1, General Plan Amendment 06-1,
Zone Change 06-1 and Tentative Parcel Map 2005-257
400 Marina Drive Project
City Council Stqff Report
April 24, 2006
Timing
Responsible
Party for
Implementation
18
Data
Completed
Comments
Mitigation Measure (MM)
CULTURAL RESOURCES (Continued)
CUL-4 (Continued)
Burial Removal and Storace
. Consultation with the MLD shall occur
regarding the treatment of discovered
human burials. If the MLD determines it
is appropriate to have discovered human
remains pedestaled for removal, that
activity shall be conducted in a method
agreed to by the MLD.
. After pedesl1Jling or other agreed upon
burial nsmoval program is completed, the
top of a burial shall be covered with
paper towels to act as a cushion, and
then a heavy ply plastic will be placed
over the top to retain surface moisture.
Duct tape shall be wrapped around the
entire pedestal, securing the plastic bag
and supporting the pedestal. Labels
shall be placed on the plastic Indicating
the burial number and the direction of
true north in relation to the individual
burial. Sections of rebar shall be
hammered across the bottom of the
pedestal and parallel to the ground.
When a number of parallel rebar
sections have been placed this way, they
shall be lifted simultaneously, cracking
the pedestal loose from the ground. The
pedestal shall then be pushed onto a
thick plywood board and lifted onto a
pallet. A forklift shall carry the pallet to a
secure storage area or secure storage
containers located on the subject
property.
qPA 06-1 &: ZC 06-l.CC SlBffRoport.400 Marina Drive
Negative Declaration 06-1. General Plan Amendment 06-1,
Zone Change 06-1 and Tentative Parcel Map 2005-257
400 Marina Drive Project
City COl/1lcil Stqff Report
April 24, 2006
Timing
Responsible
Party for
Implementation
19
Date
Completed
Comments
Mitigation Measure (MM)
CULTURAL RESOURCES (Continued)
CUL 4 (Continued)
Burial Removal and Storaoe (Continued)
. If another agreed upon burial removal
program is utilized, that method shall be
carried out in a manner agreed upon
after consultation with the MLD and
concurrence by the Califomia Coastal
Commission.
Studv of Burial Remains
. If the burials are removed in pedestal
and are incompletely exposed,
osteological studies are necessarily
limited to determination (if possible) of
age, sex, position, orientation, and
trauma or pathology. After consultation,
and only upon written agreement by the
MLD, additional studies that are
destructive to the remains may be
undertaken, including radiocarbon dating
of bone or DNA studies. If the MLD
determines that only non-destructive
additional studies may be allowed, one
shell may be removed from each burial
and submitted for radiocarbon dating.
The assumption here is that the shell
would have been part of the fill for the
burial pit, and therefore would provide a
maximum age for the burial,
GPA 06.1 &: ZC 06-l.CC SIBffRoport.400 Marina Drive
Negative Declaration 06-1, General Plan Amendment 06-1,
Zone Change 06-1 tmd Tentatitle Parcel Map 2005-257
400 Marina Drive Project
City Council Stqff Report
April 24. 2006
Timing
Responsible
Party for
Implementation
20
Date
Completed
Comments
Mitigation Measure (MM)
CULTURAL RESOURCES (Continued)
CUL-4 (Continued)
Studv of Burial Remains (Continued)
. The MLD may indicate a willingness to
consider some additional exposure and
study of the skeletal material removed
from the sites. Such study would not
involve removal of the remains from the
project area, but rather would be
undertaken near the storage area. To
the extent allowed by the MLD, the
bones would be further exposed within
the existing pedestals or other medium
containing the human remains and
additional measurements taken.
Consultation with the MLD regarding the
feasibility of these additional studies prior
to reburial would occur.
Reoatriation of Burials and Associated
Artifacts
. Once all portions of the project area
have been graded to the underlying
culturally sterile marine terrace deposits,
or to the excavation depth required for
the approved grading . plan, the
repatriation process shall be initiated for
all recovered human remains and
associated artifacts. Once a reburial site
has been identified and prepared, the
remains and associated artifacts shall be
transported from the secure storage area
to the site for reburial. Appropriate
ceremony will be undertaken during this
process at the discretion of the MLD.
C!PA 06-1 &: ZC 06-I.CC SlBffRcpcrt.400 Manna Drive
Negative Declaration 06-1, General Plan Amendment 06-1,
Zone Change 06-1 tmd Tentative Parcel Map 2005-257
400 Marina Drive Project
City COl/1lcil Stqff Report
April 24. 2006
Timing
Responsible
Party for
Implementation
21
Data
Comp!eted
Comments
Mitigation Measure (MM)
CULTURAL RESOURCES (Continued)
CUL 4 (Continued)
Additional Studies
. Considerable additional data relating to
regional research issues may be
uncovered if substantial numbers of
human burials and other archaeological
features are encountered during the
construction monitoring for the
development If this occurs, additional
analysis shall be conducted. The
analysis shall be designed to more
completely address the research issues
discussed' in the approved 'Research
Design," and to provide additional
mitigation of impacts to the sites in light
of the new finds. The following studies
would be potentially applicable:
o Radiocarbon Dating. In considering the
implications of the burials in interpreting
site use and regional settlement, it is
critical to assess the time range
represented by the Interments. Do they
correspond to the full temporal range of
site use, or only a limited timeframe?
Although direct dating of the bones may
not be possible due to the destructive
nature of the radiocarbon technique, the
MLD may approve the removal of a
single shell from the Interior of each
burial for dating. Although this shall not
provide a direct date of the burial,
assuming the shell was part of the burial
fill it should provide a maximum age (that
is, the burial should not be older than the
shell). In addition, an equivalent number
of additional samples from non-burial
contexts would also be taken for
comparative purposes. These data
would provide a more secure measure of
the intensity of occupation during
different periods.
GPA 06-1 &: ZC 06-1.CC SIBffRcport.400 Marina Drive
Negative Declaration 06-1, General Plan Amendment 06-1.
Zone ChQ1lge 06-1 tmd Telllatitle Parcel Map 2005-257
400 Marina Drive Project
City COI/ncil Stqff Report
April 24, 2006
Timing
Responsible
Party for
Implementation
22
Date
Completed
Comments
Mitigation Measure (MM)
CULTURAL RESOURCES (Continued)
CUL-4 (Continued)
Additional Studies (Continued)
o Sediment Cores. Dating results obtained
to date on the Hellman RanchlJohn
Laing Homes proPerties may suggest a
possible link between the use of the sites
within the project area and the
productivity of the adjacent lagoon and
estuary systems. To assess this link
using independent environmental data
on the subject property, two sediment
cores will be taken from suitable
locations of the property. Sediments In
the cores shall be examined and
described in the field by a geologist, and
samples collected for dating and pollen
analysis. These data shall then be used
to help reconstruct the habitats present
on the property during the periods the
sites were occupied. This analysis shall
be included in the final report
documenting the testing, data recovery,
and construction monitoring phases of
this investigation.
o Comparative Studies. The substantial
assemblage of artifacts recovered during
the monitoring on the Hellman RanchlJohn
Laing Homes properties provides a basis for
comparison with other sites and shall
contribute to an understanding of regional
pallems. This analysis shall be included in
the final report (see below).
QPA06-1 &:ZC 06-1.CC SlBffRoport.400MarinaDrive
Negatitle Declaration 06-1, General PIQ1l Amendment 06-1,
Zone ChQ1lge 06-1 tmd Tentative Parcel Map 2005-257
400 Marina Drive Project
City Council Stqff Report
April24, 2006
Timing
Responsible
Party for
Implementation
23
Date
Completed
Comments
Mitigation Measure (MM)
CULTURAL RESOURCES (Continued)
CUL 4 (Continued)
Additional Studies (Continued)
o Animal Interments. Animal interments may
be discovered within the project area.
Because these are not human remains,
somewhat more intensive study is possible.
Because these features are uncommon and
represent very culture-specific religious
practices, they are useful in reconstructing
cultural areas during certain times in
prehistory. Analysis of animal interments
will include: (1) exposure to determine burial
position; (2) photo documentation; (3)
examination of skeleton for age/sex;
traumatic injury, pathology, butchering, or
other cultural modification; (4) radiocarbon
dating; and (5) examination of grave dirt for
evidence of grave goods or stomach
contents.
Curation
. Cultural materials recovered from the
cultural resources monitoring and
mitigation program for the development
shall be curated either at an appropriate
facility in Orange County, or, in
consultation with the City, at the San
Diego Archaeological Center.
GPA 06-1 &: ZC 06-I.CC SIBffRcpDJt.400 MBriDa Drive
Negative Declaration 06-1, General Plan Amendment 06-1.
Zone Change 06-1 and Tentative Parcel Map 2005-257
400 Marina Drive Project
City Council Stqff Report
April 24, 2006
Timing
ResponSible
Party for Implementation
24
Date
Completed
Comments
,
Negative Declaration 06-1, General Plan Amendment 06-1,
Zone Change 06-1 and Tentative Parcel Map 2005-257
400 Marina Drive Project
City Council Stqff Report
April 24, 2006
Responsible
Party for Data
Mitigation Measure (MM) Timing Implementation Completed Comments
CULTURAL RESOURCES (Continued)
CUL 4 (Continued)
Preoaration of Final Reoort -
. The final technical report shall be
prepared and submitted to the City and
the California Coastal Commission within
12 months of the completion of the
archeological field work. The report shall
conform to the guidelines developed by
the Califomia Office of Historic
Preservation for Archaeological
Resource Management Reports
(ARMR). It will be prepared in sufficient
quantity to distribute to interested
regional researchers and Native
American groups. It shall thoroughly
document and synthesize all of the
findings from all phases of the cultural
resources program. Funding shall be
provided by the landowner.
25
QPA 06-1 &: ZC 06-1.CC SlBffReport.400 Marina Drive
Mitigation Measure (MM)
GEOLOGY AND SOILS
GEO-1 Engineering design for all structures
shall be based on the probability that the
Project area will be subjected to strong
ground motion during the lifetime of
development Construction plans shall be
subject to the City of Seal Beach Municipal
Code and shall include applicable standards,
which address seismic design parameters.
GE()"2 Mitigation of earthquake ground
shaking shall be incorporated Into design
and construction in accordance with Uniform
Building Code requirements and site specific
design. The Newport-Inglewood fault shall
be considered the seismic source for the
Project site and specified design parameters
shall be used.
GEO-3 The potential damaging effects of
regional earthquake activity shall be
considered In the design of each structure.
The preliminary seismic evaluation shall be
based on basic data including the Uniform
Building Code Seismic Parameters and the
geo-technical site-specific report prepared
for the Project Structural design criteria
shall be determined in the consideration of
building types, occupancy category, seismic
importance factors, and possibly other
factors.
GE0-4 Conformance with the latest Uniform
Building Code and City Ordinances can be
expected to satisfactorily mitigate the effect
of seismic ground shaking. Conformance
with applicable codes and ordinances shall
occur in conjunction with the issuance of
building permits in order to insure that over
excavation of soft, broken rock and clayey
soils within sheared zones will be required
where development is planned.
QPA 06-1 &: ZC 06-1.CC SIBffRoport.400 Marin. Drive
Negative Declaration 06-1. General Plan Amendment 06-1,
Zone Change 06-1 tmd Telltatlve Parcel Map 2005-257
400 Marina Drive Project
City Council Stqff Report
April24, 2006
Timing
Prior to
issuance of a
building permit
Prior to
issuance of a
building permit
Prior to
issuance of a
building permit
Prior to '
issuance of a
building permit
26
Responsible
Party for
Implementation
Building
Official
Building
Official
Building
Official
Building
Official
Date
C::ompleted
Comments
1
Mitigation Measure (MM)
GEOLOGY AND SOILS
GEO-5 The project proponent shall
incorporate measures to mitigate expansive
soil conditions, compressible/collapsible soil
conditions and liquefaction soil conditions,
and impacts from trenching, which measures
would be identified in site-specific reports
prepared by the project's geotechnical
consultant. Recommendations shall be
based on surface and subsurface mapping,
laboratory testing, and analysis. The
geotechnical consultant's site specific
reports shall be approved by a certified
engineering geologist and a registered civil
engineer, and shall be completed to the
satisfaction of the City Engineer. Project
applicant shall reimburse City costs of
independent third-party review of said
geotechnical report
GEO-6 Loose and soft alluvial soils,
expansive clay soils, and all existing
uncertified fill materials shall be removed
and replaced with compacted fill during site
grading in order to prevent seismic
settlement, soil expansion, and differential
compaction.
GEO-7 All surfaces to receive
compacted fill shall be cleared of existing
vegetation, debris, and other unsuitable
materials which should be removed from the
site. Soils that are disturbed during site
clearing shall be removed and replaced as
controlled compacted fill under the direction
of the Soils Engineer,
G!,A 06-1 &: u:. 06-1.CC SIBffRoport.400 Marina Driy.
Negative Declaration 06-1, General Plan Amendment 06-1,
Zone Change 06-1 tmd Tentative Parcel Map 2005-257
400 Marina Drive Project
City COl/1lcil Stqff Report
April 24. 2006
Timing
Prior to
issuance of a
grading permit
During grading
During grading
27
Responsible
Party for
Implementation
City Engineer
Building
inspector
Building
Inspector
Date
Completed
Comments
Mitigation Measure (MM)
GEOLOGY AND SOILS
GEO-8 All grading procedures, including
soil excavation and compaction, the
placement of backfill, and temporary
excavation shall comply with City of Seal
Beach Standards.
GEQ-e Graded but uildeveloped land shall
be maintained weed-free and planted with
interim landscaping within ninety (90) days
of completion of grading, uniess building
permits are obtained. Planting with interim
landscaping shall comply with NPDES Best
Management Practices.
GEO-10 As soon as possible following the
completion of grading activities, exposed
soils shall be seeded or vegetated with a
seed mix and/or native vegetation to ensure
soil stabilization.
GEQ-11 Precise grading plans shall include
an Erosion, Siltation, and Dust Control Plan.
The Plan's provisions may include sand
bagging, soil compaction, revegetation,
temporary irrigation, scheduling and time
limits on grading activities, and construction
equipment restrictions on-site. This plan
shall also demonstrate compliance with
South Coast Air Quality Management District
Rule 403, which regulates fugitive dust
control.
GrA 06.1 &: ZC 06-l.CC SlBffRcport.400 MBriDa Drive
Negative Declaration 06-1, General Plan Amendment 06-1,
Zone Change 06-1 and Tentative Parcel Map 2005-257
400 Marina Drive Project
City Council Staff Report
April 24, 2006
Timing
During grading
Upon
completion of
grading
Upon
completion of
grading
Prior to
issuance of
grading permit
28
Responsible
Party for
Implementation
Public Works
and Building
Inspectors
Public Works
and Building
Inspectors
Public Works
and Building
Inspectors
Public Works
Director and
Building
Official
Date
Completed Comments
Negative Declaration 06-1, General Plan Amendment 06-1,
Zone Change 06-1 and Tentative Parcel Map 2005-257
400 Marina Drive Project
City COl/1lCil Stqff Report
April 24, 2006
Responsible
Party for Date
Mitigation Measure (MM) Timing Implementation Completed Comments
HAZARDS AND HAZARDOUS MATERIALS
HAZ-1 The Project proponent shall provide Prior to Director of
to the Director of Development Services issuance of Development
documentation from the Orange County building permits Services
Airport Land Use Commission as to the
compliance of the proposed project with the
'Airport Environs Land Use Plan for Joint
Forces Training Base Los Alamitos'.
Issuance of building permits shall not occur
until said compliance notification is received
by the Director of Development Services.
HYDROLOGY AND WATER QUALITY
HYD-1 Prior to the Issuance of the first Prior to Director of
grading or building permit, a comprehensive issuance of Public Works
Water Quality Management Plan (WQMP) grading or and Building
shall be prepared by a registered civil building permit Official
engineer or a registered professional
hydrologist to protect water resources from
impacts due to urban contaminants in
surface water runoff. The WQMP shall be
prepared in coordination with the Regional
Water Quality Control Board, Orange
County, the City of Seal Beach, and the
California Coastal Commission to insure
compliance with applicable National
Pollutant Discharge Elimination System
(NPDES) permit requirements. The WQMP
shall include a combination of structural and
non-structural Best Management Practices
(BMPs) as ouUined in the Countywide
NPDES Drainage Area Management Plan.
Project applicant shall reimburse City costs
of independent third-party review of said
Water Quality Management Plan.
29
O)'A 06-1 &: 'K:. 06-1.CX: SlBffReport.400 Morina Drive
Mitigation Measure (MM)
HYDROLOGY AND WATER QUALITY
HYD2 The amount of sediment movement
during construction will be minimized by the
use of NPDES BMP's, including, but not
limited to, sandbags, silt fences, straw bales
and rock check dams. The construction and
condition of the BMP's will be periodically
inspected during con'struction and repairs
will be made, when necessary, as required
by the NPDES.
HYD3 The project is required to meet
Storrnwater Management regulations of the
City of Seal Beach as set forth in Chapter
9.20, Storm Water Management Program. A
copy of the Storm Water Pollution
Prevention Plan (SWPPP) if required, and a
Monitoring Plan shall be submitted to the
City Engineer a minimum of thirty (30) days
prior to commencing grading operations for
approval. A Grading Permit shall not be
issued by the Building Department or Public
Works Department until the SWPPP has
been approved by the City Engineer.
The SWPPP shall emphasize structural and
non-structural Best Management Practices
(BMPs) in compliance with NPDES Program
requirements. Specific measures shall
include:
CI All loose piles of soil, silt, clay, sand,
debris, or other earthen materials shall be
protected in a reasonable manner to
eliminate any discharge to waters of the
State.
CI During construction, temporary gravel or
sandbag containment walls shall be used
as necessary to prevent discharge of
earthen materials from the site during
periods of precipitation or runoff.
G~A 06-1 &: ZC 06-1.CC SIBffRoport.400 Marina Drive
Negative Declaration 06-1, General Plan Amendment 06-1,
Zone Change 06-1 and Tentative Parcel Map 2005-257
400 Marina Drive Project
City Council Stqff Report
April 24. 2006
Timing
During
construction
Prior to
issuance of
grading permit
30
Responsible
Party for
Implementation
Public Works
and Building
Inspectors
City Engineer
Date
Completed
Comments
Mitigation Measure (MM)
NOISE
N-1 Prior to commencement of construction
activities, notice shall be provided to
surrounding nesidents within a 500-foot
distance of the project site, regarding
anticipated construction activity dates and
times when substantial noise is anticipated
to occur. Prior to distribution, the notice
shall be reviewed and approved by the
Director of Development Services.
N-2 To reduce construction-related noise
impacts, construction shall be limited to
periods of reduced noise sensitivity and thus
reduce sleep disturbance and other noise
nuisance potential. Pursuant to the City's
Noise Ordinance, the construction contractor
shall ensure that general construction
activities (WhiCh includes construction
vehicle staging and idling engines) be
conducted only between the hours of 7:00
a.m, and 8:00 p.m. on weekdays, between
8:00 a.m. and 8:00 p.m. on Saturday, and do
not take place at any time on Sunday or
local, State, or Federal holidays.
G.PA 06-1 &: ZC 06-1.CC SIBffRoport.400 MoriDa Drive
Negative Declaration 06-1, General Plan Amendment 06-1,
Zone Change 06-1 tmd Tentative Parcel Map 2005-257
400 Marina Drive Project
City Council Stqff Report
April 24, 2006
Timing
Prior to
commencement
of construction
During
construction
31
Responsible
Party for
Implementation
Director of
Development
Services
Building
Inspector
Date
Completed
Comments
Mitigation Measure (MM)
NOISE (Continued)
N-3 Prior to Building/Grading Permit
issuance, the Building/Grading Plans shall
be reviewed and approved by the PI!3nning
Department to ensure compliance with the
following:
[JAil construction ~quipment, fixed or
mobile, shall be equipped with properly
operating and maintained mufflers, to the
satisfaction of the Building Official;
[JDuring construction, stationary
construction equipment shall be placed
such that emitted noise is directed away
from sensitive noise receptors, to the
satisfaction of the Building Official; and
[JDuring construction and to the satisfaction
of the Building Official, stockpiling and
vehicle staging areas shall be located as
far as practical from noise sensitive
receptors.
N-4 All construction-related noises will
cease upon completion of the project.
QPA 06-1 &: ZC 06-I.CC SIBffRcport.400MBriDaDrive
Negative Declaration 06-1, General Plan Amendment 06-1,
Zone Change 06-1 and Tentatitle Parcel Map 2005-257
400 Marina Drive Project
City Council Stqff Report
April 24, 2006
Timing
Prior to
issuance of
grading or
building permit
Upon project
completion
. . . .
32
Responsible
Party for
Implementation
Building
Official
Building
Official
Date
Completed
Comments
Negative Declaration 06-1, General Plan Amendment 06-1,
Zone Change 06-1 tmd Tentative Parcel Map 2005-257
400 Marina Drive Project
City Council Stqff Report
April24, 2006
ATTACHMENT 2
RESOLUTION NUMBER , A
RESOLUTION OF THE CITY COUNCIL OF
, THE CITY OF SEAL BEACH APPROVING
GENERAL PLAN AMENDMENT 06-1,
AMENDING THE LAND USE AND
HOUSING ELEMENTS (400 MARINA DRIVE
PROJECT)
33
GPA 06-1 &: ZC 06-1 CC SIBffReport,400 Marina Drive
Negative Declaration 06-1, General Plan Amendment 06-1.
Zone Change 06-1 tmd Tentative Parcel Map 2005-257
400 Marina Drive Project
City COI/1ICil Stqff Report
April 24, 2006
RESOLUTION NUMBER
A RESOLUTION OF THE CITY COUNCIL OF
TIlE CITY OF SEAL BEACH APPROVING
GENERAL PLAN AMENDMENT 06-1,
AMENDING TIlE LAND USE AND HOUSING
ELEMENTS (400 MARINA DRIVE PROJECT)
TIlE CITY'COUNCIL OF TIlE CITY OF SEAL BEACH DOES HEREBY
RESOL VB:
Section 1. On November 21, 2005 Schwendener Corporation
submitted requests for a General Plan Amendment, Zone Change and Tentative Parcel
Map with the Department of Development Services.
Section 2. The proposed project seeks approval of the following
actions, as requested by Schwendener Corporation:
D Amend the Land Use and Housing Elements of General Plan to
designate a 13,667 square foot, 0.31.acre, property from Commercial General to
Residential High Density;
D Change the zoning designation on this parcel from General
Commercial (C-2) to Residential High Density (RHO), District I to be consistent with the
General Plan revision;
D Approve Tentative Parcel Map 2005-257 to. create 4 parcels on the
approximately 0.31 acres, with a minimum parcel size of 2,937.5 square feet.
Section 3. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) the City
prepared "Initial StudylMitigated Negative Declaration 06-1, General Plan Amendment
06-1, Zone Change 06-1 and Tentative Parcel Map 2005-257 - 400 Marina Drive
Project" (SCH# 2006021131), which was circulated for public review and comment from
February 23, 2006 to March 27,2006, in compliance with the provisions of the California
Environmental Quality Act. The Negative Declaration was reviewed by the Planning
Commission at a public hearing held on April 5, 2006 in relation to the land use proposal.
Mitigated Negative Declaration 06-1 was reviewed and adopted by the City Council after
a public hearing held on April 24, 2006 in relation to the land use proposal.
Section 4. A duly noticed public hearing was held before the Planning
Commission on April 5,2006 to consider the applications. At the public hearing, the
Planning Commission invited and considered any and all testimony offered in favor or
opposition to said applications.
34
ql'A06-1 &:zc 06-1.CC SIBffReport.400MarinaDrive
Negative Declaration 06-1, General Plan Amendment 06-1,
Zone Change 06-1 tmd Tentative Parcel Map 2005-257
400 Marina Drive Project
City Council Stqff Report
April 24, 2006
Section 5. A duly noticed public hearing was held before the City
Council on April 24, 2006 to consider the applications. At the public hearing, the City
Council invited and considered any and all testimony offered in favor or opposition to
said revised applications.
Section 6. The record of the hearings before the Planning Commission
and City Council indicates the following:
(a) The applicant seeks approval of the following actions:
o Amend the Land Use and Housing Elements of General
Plan to designate a 13,667 square foot, 0.31.acre, property from Commercial General to
Residential High Density;
o Change the zoning designation on this parcel from General
Commercial (C-2) to Residential High Density (RHO), District I to be consistent with the
General Plan revision;
o Approve Tentative Parcel Map 2005-257 to create 4 parcels
on the approximately 0.31 acres, with a minimum parcel size of2,937.5 square feet.
(b) The project site is irregular in shape, having approximately 80 feet
of frontage on Fourth Street and 137 feet of frontage on Marina Drive, and is located at
the southeast comer of the intersection of Fourth Street and Marina Drive.
(c) The surrounding land uses and zoning are as follows:
NORTII: Properties to the north, across Marina Drive, are designated
for Residential Low Density-3000 development in both the General Plan and Zoning
Ordinance. These properties are developed with detached residential units and are
commonly known as "Bridgeport". Residences in Bridgeport are limited to 2 stories in
height.
EAST: Properties to the east, separated by a 15-foot public alley,
along Marina Drive, are designated in the General Plan and Zoning Ordinance for
"Commercial - General" uses and are developed with a small commercial development
consisting of a liquor store and a take-out food store. Properties to the south of this
commercial area are designated in the General Plan and Zoning Ordinance for "High
Density Residential" uses and are developed with a variety of detached and attached
residential living units.
SOUTH: Properties to the south are designated in the General Plan
and Zoning Ordinance for "High Density Residential" uses and are developed with a
variety of detached and attached residential living units.
35
Cl;PA 06-1 &: ZC 06-l.CC SlBffilq>ort.400 MoriDa Drive
Negative Declaration 06-1, General Plan Amendment 06-1.
Zone Change 06-1 and Tentative Parcel Map 2005-257
400 Marina Drive Project
City Council Stqff Report
April 24, 2006
WEST: Properties to the west are designated in the General Plan
and Zoning Ordinance for "High Density Residential" uses and are developed with a
variety of detached and attached residential living units.
(d) The requested General Plan Amendment and Zone Change would
amend the Land Use and Housing Elements of General Plan to designate the subject
13,667 square foot, 0.31.acre, property from Commercial General to Residential High
Density and change the zoning designation on the subject property from General
Commercial (C-2) to Residential High Density (RHD), District I to be consistent with the
General Plan revision.
: (e) The minimum lot size and area pennitted in the Residential High
Density regulations is 25' x 100', with a minimum lot area of 2,500 square feet. The
proposed lots meet this requirement.
(t) All of the proposed development on the parcels that would be
created by the requested Parcel Map is not subject to any discretionary land use
entitlement reviews by either the Planning Commission or City Council.
(g) Marina Drive is a secondary street with a right-of-way of 80 feet
and Fourth Street is a local street with 60 feet of right-of-way. Marina Drive underwent
an extensive renovation in 2004 that included a reduction in vehicle traffic lanes from 4
lanes to 2 lanes, provision of a 25-foot wide landscaped parkway along the north side of
Marina Drive. A 12-foot wide off road Class I multi-use bikeway is also provided within
the landscaped parkway.
Section 6. Based upon substantial evidence in the record of the Planning
Commission and City Council hearings regarding the application, including the facts stated
in ~ 3 and ~ 5 of this resolution, and in the environmenlaI documentation prepared in
conjunction with this project, and pursuant to U 28-2600 and 28-2602 of the City's Code,
the City Council hereby finds that General Pian Amendment 06-1, consisting of
amendments to the Land Use Element, Land Use Map, and Table 16 of the Housing
Element, will be beneficial to the short term and long term land use goals of the City of Seal
Beach. The City Council further finds that approval of the subject amendment to the Land
Use Element, Land Use Map, and Table 16 o(the Housing Element will promote the public
health, safety and welfare. Therefore, the City Council finds that the requested amendments
to the Land Use Element, Land Use Map, and Table 16 of the Housing Element of the City
of Seal Beach will be in the public interest, and makes the following findings of fact:
(a) The proposed General Plan Amendment to amend the Land Use
Element, Land Use Map, and Table 16 of the Housing Element will conform land uses to
those set forth within the Land Use Element for the subject area, as proposed to be
amended pursuant to this request.
36
GPA 06-1'" ZC 06-1.CC SlBffRcport.400 Marina Drive
Negative Declaration 06-1, General Plan Amendment 06-1,
Zone Change 06-1 and Tentative Parcel Map 2005-257
400 Marina Drive Project
City Council Stqff Report
April24, 2006
(b) The proposed project will allow for a reasonable range ofland uses
on the subject property, recognizing the compatibility with adjacent residential and
commercial land uses.
( c) The proposed project entitlement requests, and the necessary General
Plan Amendment, will not be detrimental to the short term or long term goals or objectives
of the City of Seal Beach and are in the interest of the public health, safety and welfare. The
proposed amendments are consistent with the General Plan, as amended.
Section 7. Based on the foregoing Sections 1 through 6, the City Council
hereby approves Land Use Element Amendment 06-1 as set forth below:
1. The "City of Seal Besch General Plan, Land Use Element" is revised as shown
below:
Cl Table 2 - Land Use Summary, on page LU-50, sets forth the following
lanl;l use acreage information for the entire city, and is indicated for
revisions as shown below:
37
<1PA 06-1 &: ZC O6-l.CC SIBffRoport.400 Morina Drive
Negative Declaration 06-1, General Plan Amendment 06-1,
Zone Change 06-1 tmd Tentatitle Parcel Map 2005-257
400 Marina Drive Project
City COI/1Icil Stqff Report
April24, 2006
Land Use - Table LU-2 - Land Use Summary Table
Proposedl
Developed Undeveloped
Designation (acres) (acres) Total Acres
Resideri'tial
LoW 353.7 0.0 353.7
Me ~ium 505.4 0.0 505.4
Hi, h 166.7 0.0 166.7
Commercial
Professional Office 16.4 0.0 16.4
SeJlllice 49.3 0.0 49.3
Ge!eral 82.8 18.0 100.8
Industrial
Li~ "67.0 50.0 117.0
Oil Extraction 14.6. 4.6 19.2.
Dnen&;ace
0Dilll SDace 0.0 185.0 185.0
Goff Course 156.8 0.0 156.8
Webands & Wildlife
Refuge 0.0 900.0 900.0
Park 65.2 0.0 65.2
School 15.3 0.0 15.3
Communih.Facl6tv 61.8 0.0 61.8
Mi6tarv 4854.6 0.0 4854.6
Beach 0.0 80.3 80.3
Total 6409.6 1237.9 7647.5
.Portions of this llCreage may be appropriate for residential redevelopment
when oil production uses terminate.
[J Table 3 - Aggregated Land Use Categories, on pages LU-51 through LU-
54 is revised as follows:
La d U
T bl
tdL dU ete
n se - a e 3 - Aaareaa e an se a aaorles
PLANNING AREA 1 (pA 1)
Land Use Category Acres % of Total
Open Space 26.8 8.0%
Residential Low Density 8.9 2.7%
Residential Medium Density 19.9 6.0%
Residential High Density 151.0 45.6%
38
GPA 06-1 &: ZC O6-l.CC SlBffReport.400 Marina Drive
Negative Declaration 06-1, General Plan Amendment 06-1,
Zone Change 06-1 and Tentative Parcel Map 2005-257
400 Marina Drive Project
City Council Stqff Report
April24, 2006
Park 13.6 4.1%
School 1.6 0.48%
Community Facility 1.4 0.42%
Commercial- Professional Office 3.8 1.1%
Commercial- Service 9.2 2.8%
Commercial- General 9.9 2.9%
Open Space Golf 0.0 0.0
Industrial- Light 0.0 0.0
Industrial- Oil Extraction 4.6 1.4%
MilitaJy 0.0 0.0
Beach 80.3 24.3%
TOTAL 331.0 100.0%
land Use - Table 3 . Aaareaated Land Use Cateaories (Continued)
Land Use Category Acres % of Total
CITY OF SEAL BEACH
Open Space 185.0 2.7%
Residential Low Density 353.7 5.2%
Residential Medium Density 505.4 7.5%
Residential High Density 166.7 2.5 %
Park 55.1 0.82%
School 15.3 0.23%
Community Facility 61.8 0.92%
Commereial- Professional Office 16.4 0.24%
Commereial- Service 49.3 0.73%
Commereial- General 100.8 1.5 %
Open Space Golf 156.8 2.3%
Industrial- Light 117.0 1.7%
lndustrial- Oil Extraction 19.2 0.28%
Military 4854.6 72.0%
Beach 80.3 1.2%
TOTAL 6737.4 100.0%
39
GPA 06-1 &: ZC 06-l.CC SIBffRoport.400 Morina Drive
Negative Declaration 06-1, General Plan Amendment 06-1,
Zone Change 06-1 and Tentative Parcel Map 2005-257
400 Marina Drive Project
City Council Stqff Report
April 24. 2006
[J The "City of Seal Beach General PIan, Land Use Element" is revised to
amend the "Land Use Map" to indicate this proposed change in Land Use
Designation from "General Commercial" to "Residential High Density" as
shown below:
EXISTING AND PROPOSED GENERAI,. PLAN
LAND USE DESIGNATIONS
40
QPA 06-1 &: zc 06.1.CX: SlBffRoport.400 Marina Drive
Negative Declaration 06-1. General Plan Amendment 06-1.
Zone Change 06-1 tmd Tentative Parcel Map 2005-257
400 Marina Drive Project
City Council Stqff Report
April 24, 2006
Section 8. Based on the foregoing Sections 1 through 7, the City Council hereby
approves Housing Element Amendment 06-1 as set forth below:
Table 16, Acreage by General Plan Land Use Designation, is revised to read as follows:
Housing - TabJe16 - Acreage by General Plan land Use Designations
Proposedl
Developed Undeveloped
Designation (acres) (acres) Total Acres
Residential
Low 353.7 0.0 353.7
Medium 505.4 0.0 505.4
High 166.7 0.0 166.7
Commercial
Professional Office 16.4 0.0 16.4
Service 49.3 0.0 49.3
General 82.8 18.0 100.8
Industrial
Lillht 67.0 50.0 117.0
Oil Extraction 14.6- 4.6 19.2-
Open Space
Open Space 0.0 185.0 185.0
Golf Course 156.8 0.0 156.8
Wetlands & Wildlife
Refuge 0.0 900.0 900.0
Park 65.2 0.0 65.2
School 15.3 0.0 15.3
Community Facilltv 61.8 0.0 61.8
Military 4854.6 0.0 4854.6
Beach 0.0 80.3 80.3
Total 6409.6 1237.9 7647.5
-Portions of this acreage may be appropriate for residential redevelopment when oil
production uses termi~te.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal
Beach at a meeting thereof held on the day of
2006, by the following vote:
41
G)'A 06-1 &: ZC O6-l.CC SIBffRcport.400 MIrilla Drive
AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
AITEST:
Negative Declaration 06-1, General Plan Amendment 06-1,
Zone Change 06-1 tmd Tentative Parcel Map 2005-257
400 Marina Drive Project
City COl/1lcil Stqff Report
April 24, 2006
Charles Antos
Mayor
Linda Devine
City Clerk
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF SEAL BEACH
}
}
}
SS
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.
Linda Devine
City Clerk
GPA06-1 &:zc O6-1.CC SIBffRcport.4DOMarinaDriv.
42
Negative Declaration 06-1, General Plan Amendment 06-1,
Zone Change 06-1 and Tentative Parcel Map 2005-257
400 Marina Drive Project
City Council Stqff Report
April 24, 2006
ATTACHMENT 3
ORDINANCE NUMBER , AN
ORDINANCE OF THE CITY OF SEAL
BEACH ADOPTiNG WNE CHANGE 06-1,
CHANGING THE ZONING DESIGNATION
FROM GENERAL COMMERCIAL (C-2) TO
RESIDENTIAL IDGH DENSITY (RHD),
DISTRICT I, AT 400 MARINA DRIVE
43
GPA 06-1 &: ZC 06-I.CC SIBffReport,400 Marina Drive
Negative Declaration 06-1, General Plan Amendment 06-1,
Zone Change 06-1 and Tentame Parcel Map 2005-257
400 Marina Drive Project
City Council Stqff Report
April 24, 2006
ORDINANCE NUMBER.
AN ORDINANCE OF THE CITY OF SEAL
BEACH ADOPTING ZONE CHANGE 06-1,
CHANGING THE ZONING DESIGNATION
FROM GENERAL COMMERCIAL (C-2) TO
RESIDENTIAL mGH DENSITY (RHO),
. DISTRICT I, AT 400 MARINA DRIVE
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN
AS FOLLOWS:
Section 1. The City Council hereby changes the zoning designation of that
certain property located at 400 marina Drive (Lots 20 and 21, Tract 698) from C-2,
Commercial General to RHD, Residential High Density, District I, on the Zoning Map of
the City of Seal Beach, as indicated on the map attached as "Exhibit A".
Section 2. The City Clerk shall certify to the adoption of this Ordinance and
shall cause the same to be published in the manner prescribed by law.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Sesi
Beach at a meeting thereof held on the day of
.2006.
Charles Antos
Mayor
ATIEST:
Linda Devine
City Clerk
44
GPA 06-] &: ze 06-] cc SIBffRcport,400 Mirilla Drive
Negative Declaration 06-1, General Plan Amendment 06-1,
Zone Change 06-1 and Tentative Parcel Map 2005-257
400 Marina Drive Project
City COl/1lcil Stqff &port
April 24, 2006
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
1, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify that
the foregoing Ordinance is an original copy of Ordinance Number on file in
the office of the City Clerk, introduced at a meeting held on the
day of . 2006, and passed. approved and adopted by the
City Council of the City of Seal Beach at a meeting held on the
day of . 2006 by the following vote:
AYES: Councilmembers'
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
and do hereby further certify that Ordinance Number has been published pursuant
to the Seal Beach City Charter and Resolution Number 2836.
Linda Devine
City Clerk
45
GPA 06-1 & ZC O6-l.CC SIBffReport.400 Marina Drive
Negative Declaration 06-1. General Plan Amendment 06-1,
Zone Change 06-1 and Tentative Parcel Map 2005-257
400 Marina Drive Project
City Council Stqff Report
April 24, 2006
"EXHmIT A"
ADOPTED ZONING MAP DESIGNATION
ZONE CHANGE 06-1
<lD>
e
Zoning
CommelOl!Il-Bnbu !Pi)
Com me 101a1-Otunll i;P-2)
UblD Lind Uu IFltcMat~H (pLUfF!)
~
~
o
.
200
~ RUJjuttalHg. DU"I(RHD)
@ RUl:lElltliillLollll DeU..... (IHD-3IJIJD)
46
GPA 06-] &: ZC 06.1 CC SIBffRoport.400 Marin. Drive
Negative Declaration 06-1, General Plan Amendment 06-1,
Zone Change 06-1 and Tentatitle Parcel Map 2005-257
400 Marina Drive Project
City Council Staff Report
April 24, 2006
ATTACHMENT 4
RESOLUTION NUMBER . A
RESOLUTION OF THE CITY COUNCIL OF
'THE CITY OF SEAL BEACH APPROVING
TENTATIVE PARCEL MAP NO. 2005-257
(400 MARINA DRIVE PROJECT)
47
GPA 06-1 &: ZC 06-J.CC SIBff Report.400 Manna Drive
Negative Declaration 06-1, General Plan Amendment 06-1,
Zone Change 06-1 tmd Tentative Parcel Map 2005-257
400 Marina Drive Project
City Council Stqff Report
April 24. 2006
RESOLUTION NUMBER
A RESOLUTION OF TIll CITY COUNCIL OF
THE CITY' OF SEAL BEACH APPROVING
TENTATIVE PARCEL MAP NO. 2005-257 (400
MARINA DRIVE PROJECl)
lEE CITY COUNClL OF TIll CITY OF SEAL BEACH DOES HEREBY
FIND, DETERMINE AND RESOL VB:
Section 1. On November 21, 2005 Schwendener Corporation
submitted requests for a General Plan Amendment, Zone Change and Tentative Parcel
Map with the .Dep~ent of Development Services.
Section 2. The proposed project seeks approval of the following
actions, as requested by Schwendener Corporation:
D Amend the Land Use and Housing Elements of General Plan to
designate a 13,667 square foot, 0.31.acre, property from Commercial General to
Residential High Density;
D Change the zoning designation on this parcel from General
Commercial (C-2) to Residential High Density (RHO), District I to be consistent with the
General Plan revision;
D Approve Tentative Parcel Map 2005-257 to create 4 parcels on the
approximately 0.31 acres, with a minimum parcel size of2,937.5 square feet.
Section 3. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) the City
prepared "Initial Study/Mitigated Negative Declaration 06-1, General Plan Amendment 06-
1, Zone Change 06-1 and Tentative Parcel Map 2005-257 - 400 Marina Drive Projecf'
(SCH# 2006021131), which was circulated for public review and comment from
February 23,2006 to March 27, 2006, in compliance with the provisions of the California
Environmental Quality Act.
Section 4. A dilly noticed public hearing was held before the Planning
Commission on April S, 2006 to consider the subject Mitigated Negative Declaration and
the requested land use applications. At the public hearing, the Planning Commission
invited and considered any and all testimony offered in favor or opposition to said
Mitigated Negative Declaration and land use applications.
Section 5. A dilly noticed public hearing was held before the City
Council on April 24, 2005 to consider the applications. At the public hearing, the City
48
GPA 06-1 & ZC O6-l.CC StaffReport.400 Marina Drive
Negative Declaration 06-1, General Plan Amendment 06-1,
Z01je Change 06-1 tmd Tentative Parcel Map 2005-257
400 Marina Drive Project
City Council Stqff Report
April 24, 2006
Council invited and considered any and all testimony offered in favor or opposition to
said revised applications.
Section 6. Applicant seeks to establish the following uses as part of
the 400 Marina Drive Project:
(a) Tentative Parcel Map No. 2005-257 will create four new parcels
for residential development on the subject property. Below is a summary of the proposed
parcels for Parcel Map 2005-257:
Parcel Number
Proposed Use
Gross Area
Parcell
Parcel 2
Parcel 3
Parcel 4
Residence Site
Residence Site
Residence Site
Residence Site
TOTAL
0.0674 acres (2,937.5 sq. ft.)
0.0674 acres (2,937.5 sq. ft.)
0.0674 acres (2,937.5 sq. ft.)
0.1114 acres (4.854.5 sa. ft.)
0.3137 acres (13,667 sq. ft.)
Section 7. Based upon substantial evidence in the record of the
hearing, including the facts stated in Sections 1 through 6 of this resolution, and in the
environmental documentation prepared in conjunction with this project, and pursuant to
~~ 28-2600 and 28-2602 of the City's Code, the City Council 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 interes1.
(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 06-1 to protect the environment will be implemented.
(t) Pursuant to Sections 15070 through 15075 of the CEQA
Guidelines, a Mitigated Negative Declaration has been prepared. This subdivision is
within the scope of the Mitigated Negative Declaration, which adequately describes the
general environmental setting of the project and mitigation measures identified to reduce
49
GPA 06-1 &: ZC 06-1.CC SIBffRoport 400 Manna Drive
Negative Declaration 06-1, General Plan Amendment 06-1.
Zone Change 06-1 tmd Tentative Parcel Map 2005-257
400 Marina Drive Project
City Council Stqff Report
April24, 2006
all identified impacts to "Less Than Significant With Mitigation Incorporated". No
additional environmental documentation is needed.
Section 8. Based upon the foregoing, the City Council of the City of
Seal Beach does approve Tentative Parcel Map No. 2005-257, subject to the following
conditions. Applicant shall:
1. Comply with all mitigation measures established by the City Council, including but
not limited to the measures set forth in the "Mitigation Monitoring Program" for
"Initial StudylMitigated Negative Declaration 06-1, General Plan Amendment 06-1.
Zone Change 06-1 and Tentative Parcel Map 2005-257 - 400 Marina Drive Project
(SCH # 2006021131)".
2. Remove and replace all damaged concrete curb and gutter, sidewalk, and
pavement.
3. Remove existing driveway. approaches and install new driveways as shown on
plans. New curb and gutter shall be installed in areas where existing driveway
approaches have been removed.
4. Install additional 36-inch box trees within the public right-of-way as determined
by the Director of Public Works.
5. The project shall comply with all sections as adopted in Resolution 5209, titled
Public Works Standard Conditions of Aooroval for Vesting and Tentative and
Tentative Subdivision MaDS. 2003 Edition.
6. Repair all dRmRged concrete in the alley to the nearest full slab.
7. Install sanitary sewer laterals in conformance to city standards for each lot.
8. Install water service laterals and meters in conformance to city standards for each
lot.
9. Install all required utilities in an underground location to the satisfaction of the
Director of Public Works.
10. Commission a street light study to determine if additional street lighting is
needed. Install additional streetlights as needed. The developer shall pay for all
costs associated with the study and all streetlights installed.
11. Not construct driveways providing ingress or egress to and from Marina Drive or
4th Street. Vehicle access shall be from the alley.
50
GPA 06-1 &: ZC 06-1.CC StaffReport.400 Mirilla Driv.
Negative Declaration 06-1. General Plan Amendment 06-1,
Zone Change 06-1 tmd Tentative Parcel Map 2005-257
400 Marina Dritle Project
City Council Staff Report
April 24. 2006
12. Incorporate all conditions from the City of Seal Beach Departments into the
parcel map prior to submitting the final parcel map for review.
13. Provide documentation indicating the mathematical accuracy, title information
and survey analysis of the parcel map and the correctness of all certificates.
Demonstrate ownership and original signatures to the satisfaction of the Director
of Public Works.
14. Concurrently with the submittal of the final parcel map for review by the City,
submit a letter signed by both the subdivider and the engineer which indicates that
the applicant will provide 5 blueprints, one 8 Yo x 11 copy, and one mylar of the
recorded parcel map to the City of Seal Beach Public Works Department upon the
map's recordation.
15. IndelI1IlifY, 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
fumishing or supplying work, services, materials, or supplies in connection with
the performance of the use permitted hereby or the exercise of the rights granted
herein. and any and all claims, lawsuits or actions arising from the granting of or
the exercise of the rights permitted by this Tentative Parcel Map, and from any
and all claims and losses occurring or resulting to any person, firm, corporation or
property for damage, injury or death arising out of or connected with the
performance of the use permitted hereby. Applicant's obligation to indemnify,
defend and hold harmless the City as stated herein shall include, but not be
limited to, paying all fees and costs incurred by legal counsel of the City's choice
in representing the City in connection with any such claims, losses, lawsuits or
actions, expert witness fees, and any award of damages, judgments, verdicts, court
costs or attorneys' fees in any such lawsuit or action.
PASSED, APPROVED AND ADOnED by the City Council of the City of Seal
Beach at a meeting thereof held on the day of
. 2006, by the following vote:
AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
51
GPA 06-1 &: ZC O6-l.CC SIBffRoport.400 Marina On..
ATTEST:
Negatitle Declaration 06-1, General Plan Amendment 06-1,
Zone Change 06-1 and Tentatr.e Parcel Map 2005-257
400 Marina Drive Project
City Council Stqff Report
April 24, 2006
Charles Antos
Mayor
Linda Devine
City Clerk
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF SEAL BEACH
}
}
}
SS
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.
Linda Devine
City Clerk
GPA06-1 &: u; 06-l.CC Staff Report 400 MonnaDnve
52
Negative Declaration 06-1, General Plan Amendment 06-1,
Zone Change 06-1 and Tentatitle Parcel Map 2005-257
400A{arinaDrivePr~ect
City Council Stalf Report
April 24. 2006
ATTACHMENT 5
PLANNING COMMISSION RESOLUTION
06-17, A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL
BEACH RECOMMENDING TO THE CITY
COUNCIL ADOPTION OF MITIGATED
NEGATIVE DECLARATION 06-1, 400
MARINA DRIVE PROJECT
53
GPA 06-1 &: ZC 06-1.CC SlaITReport.400 Mirilla Dnve
RESOLUTION NO. 06 - 17
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL
BEACH RECOMMENDING TO TIlE CITY
COUNCIL ADOPTION OF MITIGATED
NEGATIVE DECLARATION 06-1, 400
MARINA DRIVE PROJECT
WHEREAS, on November 21, 2005 Schwendener Corporation submitted requests for a
General Plan Amendment, Zone Change and Tentative Parcel Map with
, the Department of Development Services; and
WHEREAS, The proposed project seeks approval of the following actions, as requested
by Schwendener Corporation:
IJ Amend the Land Use and Housing Elements of General Plan to
designate a 13,667 square foot, 0.31.acre, property from
Commercial General to Residential High Density;
IJ Change the zoning designation on this parcel from General
Commercial (C-2) to Residential High Density (RHO), District I to
be consis1ent with the General Plan revision;
IJ Approve Tentative Parcel Map 2005-257 to create 4 parcels on the
approximately 0.31 acres, with a minimum parcel size of 2,937.5
square feet; and
WHEREAS, the City has prepared "Proposed Initial Study/Mitigated Negative
Declaration 06-1, General Plan Amendment 06-1, Zone Change 06-1 and
Tentative Parcel Map 2005-257 - 400 Marina Drive Project" (SCH #
2006021131) as required by the California Environmental Quality Act
(CEQA); and
WHEREAS, the comment period on Mitigated Negative Declaration 05-2 ended on
March 27, 2006. The City received 6 responses to the Mitigated Negative
Declaration; and
WHEREAS the City preparcd a "Response to Comments" document determining that all
issues raised during the public comment period have been evaluated and no
significant impacts have been raised; and
WHEREAS, a duly noticed public hearing was held by the Planning Commission on
April 5, 2006 to consider Mitigated Negative Declaration 06-1 and the
requested General Plan Amendment 06-1, Zone Change 06-1 and
Tentative Parcel Map 2005-257; and
I\DATAFILEIU.mIL WhillonberglMy DocumontslRESOlMND 06-1 400 Marina Drive PC Reso.docIL WI04-06-06
. Planning Commission Resolution No. 06-17
Mitigated Negatitle Declaration 06-1
400 Marina Dritle Project
April5, 2006
WHEREAS, the Planning Commission received into evidence the Staff Report of April 5,
2006, along with all attachments thereto, and considered all public testimony
presented; and
WHEREAS, ba~ed on the infonnation contained in the public record, the Planning
Commission made the following findings regarding Mitigated Negative
Declaration 06-1:
1. Proposed Mitigated Negative Declaration 06-1 adequately discloses the
potential environmental impacts of proposed General Plan Amendment
06-1, Zone Change 06-1 and Tentative Parcel Map 2005-257, and no
substantial adverse environmental impacts will result upon the approval
of the subject project, with implementation of the mitigation measures
set forth in the Mitigated Negative Declaration.
2. The proposed project is consistent with the Land Use Element of the
City of Seal Beach General Plan as it is proposed to be amended by
General Plan Amendment 06-1. The adopted "Land Use Element"
map is proposed to be amended to be consistent with the project
evaluated in the subject Mitigated Negative Declaration.
3. The proposed project is also consistent with the language of the Land
Use Element of the City of Seal Beach General Plan, as is noted in the
Staff Report, dated April 5, 2006.
NOW, TIIEREFORE BE IT RESOLVED that based upon the foregoing, the
plAnning Commission hereby recommends that the City Council Adopt Mitigated
Negative Declaration No. 06-1, subject to imposition of the following Mitigation
Measures, as set forth in Section 6.0 of Mitigated Negative Declaration 06-1:
CULTURAL RESOURCES:
CUL-l
An archaeologist and a Native American Monitor appointed by the City of
Seal Beach shall be present during earth removal or disturbance activities
related to rough grading and other excavation for foundations and utilities. If
any earth removal or disturbance activities result in the discovery of cultural
resources, the Project proponent's contractors shall cease all earth removal or
disturbance activities in the vicinity and immediately notify the City selected
archaeologist andlor Native American Monitor, who shall immediately notify
the Director of Development Services. The City selected archaeologist shall
evaluate all potential cultural findings in accordance with standard practice,
the requirements of the City of Seal Beach Archaeological and Historical
Element, and other applicable regulations. ConsUltation with the Native
American Monitor, the Native American Heritage Commission and
data/artifact recovery, if deemed appropriate, shall be conducted.
MND 06-1.400 Marina Drive,PC Rosa
2
.
Planning Commission Resolution No. 06-17
Mitigated Negatitle Declaration 06-1
400 Marina Dritle Project
April 5, 2006
CUL-2 If evidence of subsurface paleontologic resources is found during
construction, excavation and other construction activity in that area shall cease
and the contractor shall contact the City Development Services Department.
With direction from the City Development Services Department, an Orange
County Certified Paleontologist shall prepare and complete a standard
Paleontologic Resource Mitigation Program.
CUL-3 Should any human bone be encountered during any earth removal or
disturbance activities, all activity shall cease immediately and the City
selected archaeologist and Native American monitor shall be immediately
cOl;ltacted, who shall then immediately notify the Director of Development
Services. The Director of Development Services shall contact the Coroner
pursuant to Sections 5097.98 and 5097.99 of the Public Resources Code
relative to Native American remains. Should the Coroner determine the
human remains to be Native American, the Native American Heritage
Commission shall be contacted pursuant to Public Resources Code Section
5097.98.
CUL-4 If more than one Native American burial is encountered during any earth
removal or disturbance activities, a "Mitigation Plan" shall be prepared and
subject to approval by the City of Seal Beach Community Development
Department and the California Coastal Commission. The Mitigation Plan
shall include the following procedures:
Continued Native American Monitorinl!:
. All ground disturbance in any portions of the project area with the
potential to contain human remains or other cultural material shall be
monitored by a Native American representative of the MLD. Activities to
be monitored shall include all construction grading, controlled grading,
and band excavation of previously undisturbed deposit, with the exception
of contexts that are clearly within undisturbed soil profiles.
. Exposure and removal of each burial shall be monitored by a Native
American. Where burials are clustered and immediately adjacent, one
monitor is sufficient for excavation oftwo adjoining burials.
· Excavation of test units shall be monitored. Simultaneous excavation of
two test units if less than 20 feet apart may be monitored by a single
Native American.
. If screening of soil associated with burials or test units is done
concurrently with and adjacent to the burial or test unit, the Native
American responsible for that burial or test unit will also monitor the
MND 06-1.400 Manna Drive.PC Ros.
3
PlQ1l1ling Commission Resolution No. 06-17
Mitigated Negative Declaration 06-1
400 Mari1llJ Drive Project
April 5, 2006
screening. If the screening is done at another location, a separate monitor
shall be required.
. All mechanical excavation conducted in deposits that may contain human
remains (Lc., all arcas not completely within undisturbed soil profiles)
shall be monitored by a Native American.
Notification Procedures for New Discoveries
. When possible burials are identified during monitoring of mechanical
excavation, or excavation of test units, the excavation shall be temporarily
halted while the :find is assessed in consultation with the lead field
archaeologist. If the find is made during mechanical excavation, the
archaeologist or Native American monitoring the activity shall have the
authority to direct the equipment operator to stop while the find is
assessed. If it is determined that the find does not constitute a burial, the
mechanical excavation shall continue.
. If the find is determined to be a human burial, the lead archaeologist shall
immediately notify the Site Supervisor for the developer, as well as the
Principal Investigator. The Principal Investigator shall immediately notify
the MLD and the Director of Development Services for the City of Seal
Beach. The City shall provide the Coastal Commission with weekly
updates describing any such finds in writing.
Identification of Additional Burials
. For all discovered human burials, attempts shall continue to be made to
locate additional burials nearby through hand excavation techniques. This
shall be done through the excavation of 1 x 1 m exploratory test units
(ETUs) placed along transects extending radially from each identified
burial or burial cluster. The spacing of the ETUs shall be determined upon
consultation with the Project Archaeologist and the MID. The radial
transects shall be designed to test areas within 50 feet (15 m) from the
edge of each burial or burial 'cluster. Excavation of these units shall be
limited to areas containing intact cultural deposit (Le., areas that have not
been graded to the underlying undisturbed soil profiles) and shall be
excavated until the undisturbed soil profiles are encountered, or to the
excavation depth required for the approved grading plan. The soil from the
ETUs along the radial transects shall be screened only if human remains
are found in that unit.
. Controlled grading shall be conducted within these 50-foot heightened
investigation areas with a wheeled motor grader. The motor grader shall
use an angled blade that excavates 1 to 2 inches at a pass, pushing the soil
MND 06.1 400 MBriDa Drive,PC R""
4
.
Planning Commission Resolution No. 06-17
Mitigated Negative Declaration 06-1
400 Marina Drive Project
April 5, 2006
to the side to form a low windrow. Monitors shall follow about 20 feet
behind the motor grader, examining the ground for evidence of burials.
. When a burial is identified during controlled grading, the soil in windrows
that may contain fragments of bone 'from that burial shall be screened. At
a minimum this shall include the soil in the windrow within 50 feet of the
burial in the direction of the grading.
. If additional burials are found during controlled grading, additional ETU s
will be hand excavated in the radial patterns described above.
Burial Removal and StorlU!e
. Consultation with the MLD shall occur regarding the treatment of
discovered human burials. If the MLD determines it is appropriate to have
discovered human remains pedestaled for removal, that activity shall be
conducted in a method agreed to by the MLD.
. After pedestaling or other agreed upon burial removal program is
completed, the top of a burial shall be covered with paper towels to act as
a cushion, and then a heavy ply plastic will be placed over the top to retain
surface moisture. Duct tape shall be wrapped around the entire pedestal,
securing the plastic bag and supporting the pedestal. Labels shall be
placed on the plastic indicating the burial number and the direction of true
north in relation to the individual burial. Sections of rebar shall be
hammered across the bottom of the pedestal and parallel to the ground.
When a number of parallel rebar sections have been placed this way, they
shall be lifted simultaneously, cracking the pedestal loose from the
ground. The pedestal shall then be pushed onto a thick plywood board and
lifted onto a pallet. A forklift shall carry the pallet to a secure storage area
or secure storage containers located on the subject property.
. If another agreed upon burial removal program is utilized, that method
shall be carried out in a manner agreed upon after consultation with the
MLD and concurrence by the California Coastal Commission.
Studv of Burial Remains
. If the burials are removed in pedestal and are incompletely exposed,
osteological studies are necessarily limited to determination (if possible)
of age, sex, position, orientation, and trauma or pathology. After
consultation, and only upon written agreement by the MLD, additional
studies that are destructive to the remains may be undertaken, including
radiocarbon dating of bone or DNA studies. If the MLD determines that
only non-destructive additional studies may be allowed, one shell may be
MND 06-1.400 Marina Dri..,pe Rei.
5
Planning Commission Resolution No. 06-17
A6tigaredNegmiveDeclaration06-1
400 Marina Drive Project
April 5, 2006
removed from each burial and submitted for radiocarbon dating. The
assumption here is that the shell would have been part of the fill for the
burial pit, and therefore would provide a maximum age for the burial.
· The MLD may indicate a willingness to consider some additional
exposure and study of the skeletal material removed from the sites. Such
study would not involve removal of the remains from the project area, but
rather would be undertaken near the storage area. To the extent allowed
by the MLD, the bones would be further exposed within the existing
pedestals or other medium containing the human remains and additional
measurements taken. Consultation with the MLD regarding the feasibility
, of these additional studies prior to reburial would occur.
Renatriation of Burials and Associated Artifacts
. Once all portions of the project area have been graded to the underlying
culturally sterile marine terrace deposits, or to the excavation depth
required for the approved grading plan, the repatriation process shall be
initiated for all recovered human remains and associated artifacts. Once a
reburial site has been identified and prepared, the remains and associated
artifacts shall be transported from the secure storage area to the site for
reburial. Appropriate ceremony will be undertaken during this process at
the discretion of the MLD.
Additional Studies
· Considerable additional data relating to regional research issues may be
uncovered if substantial numbers of human burials and other
archaeological features are encountered during the construction
monitoring for the development. If this occurs, additional analysis shall be
conducted. The analysis shall be designed to more completely address the
research issues discussed in the approved "Research Design," and to
provide additional mitigation of impacts to the sites in light of the new
finds. The following studies would be potentially applicable:
o Radiocarbon Dating. In considering the implications of the burials in
interpreting site use and regional settlement, it is critical to assess the
time range represented by the interments. Do they correspond to the
full temporal range of site use, or only a limited timeframe? Although
direct .dating of the bones may not be possible due to the destructive
nature of the radiocarbon technique, the MLD may approve the
removal of a single shell from the interior of each burial for dating.
Although this shall not provide a direct date of the burial, assuming the
shell was part of the burial fill it should provide a maximum age (that
is, the burial should not be older than the shell). In addition, an
MND 06-1.400 Marina Drive.PC RosD
6
.
Planning Commission Resolution No. 06-17
Mitigated Negatitle Declaration 06-1
400AlarmaDrivePr~ect
April 5, 2006
equivalent number of additional samples from non-burial contexts
would also be taken for comparative pll1poses. These data would
provide a more secure measure of the intensity of occupation during
different periods.
o Sediment Cores. Dating results obtained to date on the Hellman
Ranch/John Laing Homes properties may suggest a possible link
between the use of the sites within the project area and the productivity
of the adjacent lagoon and estuary systems. To assess this link using
independent environmental data on the subject property, two sediment
cores will be taken from suitable locations of the property. Sediments
in the cores shall be examined and described in the field by a
geologist, an4 samples collected for dating and pollen analysis. These
data shall then be used to help reconstruct the habitats present on the
property during the periods the sites were occupied. Ibis analysis
shall be included in the fmal report documenting the testing, data
recovery, and construction monitoring phases of this investigation.
o Comparative Studies. The substantial assemblage of artifacts
recovered during the monitoring on the Hellman Ranch/John Laing
Homes properties provides a basis for comparison with other sites and
shall contribute to an understanding of regional patterns. Ibis analysis
shall be included in the final report (see below).
o Anima1 Interments. Animal interments may be discovered within the
project area. Because these are not human remains, somewhat more
intensive study is possible. Because these features are uncommon and
represent very culture-specific religious practices, they are useful in
reconstructing cultural areas during certain times in prehistory.
Analysis of animal interments will include: (1) exposure to determine
burial position; (2) photo documentation; (3) examination of skeleton
for age/sex; traumatic injury, pathology, butchering, or other cultural
modification; (4) radiocarbon dating; and (5) examination of grave dirt
for evidence of grave goods or stomach contents.
Curation
. Cultural materials recovered from the cultural resources monitoring and
mitigation program for the development shall be curated either at an
appropriate facility in Orange County, or, in consultation with the City, at
the San Diego Archaeological Center.
MND 06-1.400 MarinaDrive.PC R...
7
Planning Commission Resolution No. 06-17
Mitigated Negative Declaration 06-1
400 Marina Dritle Project
April 5, 2006
Preoaration of Final Reoort
· The final technical report shall be prepared and submitted to the City and
the California Coastal Commission within 12 months of the completion of
the archeological field work. The report shall conform to the guidelincs
developed by the California Office of Historic Preservation for
Archaeological Resource Management Reports (ARMR). It will be
prepared in sufficient quantity to distribute to interes1ed regional
researchers and Native American groups. It shall thoroughly document
and synthesize all of the findings from all phases of the cultural resources
program. Funding shall be provided by the landowner.
GEOLOGY AND SOILS:
GEO-l Engineering design for all s1ructures shall be based on the probability that the
Project area will be subjected to strong ground motion during the lifetime of
development. Cons1ruction plans shall be subject to the City of Seal Beach
Municipal Code and shall include applicable standards, which address seismic
design parameters.
GEO-2 Mitigation of earthquake ground shaking shall be incorporated into design and
construction in accordance with Uniform Building Code requirements and site
specific design. The Newport-Inglewood fault shall be considered the seismic
source for the Project site and specified design parameters shall be used.
GEO-3 The potential damaging effects of regional earthquake activity shall be
considered in the design of each s1ructure. The preliminary seismic evaluation
shall be based on basic data including the Uniform Building Code Seismic
Parameters and the geo-technical site-specific report prepared for the Project.
Structural design criteria sha11 be determined in the consideration of building
types, occupancy category, seismic importance factors, and possibly other
factors.
GEO-4 Conformance with the latest Uniform Building Code and City Ordinances can
be expected to satisfactorily mitigate the effect of seismic ground shaking.
Conformance with applicable codes and ordinances shall occur in conjunction
with the issuance of building permits in order to insure that over excavation of
soft, broken rock and clayey soils within sheared zones will be required where
development is planned.
GEO-5 The project proponent shall incorporate measures to mitigate expansive soil
conditions, compressible/collapsible soil conditions and liquefaction soil
conditions, and impacts from trenching, which measures would be identified
in site-specific reports prepared by the project's geotechnical consultant.
Recommendations sha11 be based on surface and subsurface mapping,
MNO 06-1.400 Marin. Drive PC Ra.
8
.
PlQTl1lmg Commission Resolution No. 06-17
Mitigated Negatitle Declaration 06-1
400 Marina Drive Project
April 5, 2006
laboratory testing, and analysis. The geotechnical consultant's site specific
reports shall be approved by a certified engineering geologist and a registered
civil engineer, and shall be completed to the satisfaction of the City Engineer.
Project applicant shall reimburse City costs of independent third-party revicw
of said geotechnical report.
GEO-6 Loose and soft alluvial soils, expansive clay soils, and all existing uncertified
fill materials shall be removed and replaced with compacted fill during site
grading in order to prevent seismic settlement, soil expansion, and differential
compaction.
GEO-7 AU surfaces to receive compacted fill shall be cleared of existing vegetation,
debris, and other unsuitable materials which should be removed from the site.
Soils that are disturbed during site clearing shall be removed and replaced as
controlled compacted fill under the direction of the Soils Engineer.
GEO-8 All grading procedures, including soil excavation and compaction, the
placement of backfIll, and temporary excavation shall comply with City of
Seal Beach Standards.
GEO-9 Graded but undeveloped land shall be maintained weed-free and planted with
interim landscaping within ninety (90) days of completion of grading, unless
building permits are obtained. Planting with interim landscaping shall comply
with NPDES Best Management Practices.
GEO-10 As soon as possible following the completion of grading activities, exposed
soils shall be seeded or vegetated with a seed mix and/or native vegetation to
ensure soil stabilization.
GEO-ll Precise grading plans shall include an Erosion, Siltation, and Dust Control
Plan. The Plan's provisions may include sand bagging, soil compaction,
revegetation, temporary irrigation, scheduling and time limits on grading
activities, and construction equipment restrictions on-site. This plan shall also
demonstrate compliance with South Coast Air Quality Management District
Rule 403, which regulates fugitive dust control.
HAZARDS AND HAZARDOUS MATERIALS:
HAZ-1 The Project proponent shall provide to the Director of Development Services
documentation from the Orange County Airport Land Use Commission as to
the compliance of the proposed project with the "Airport Environs Land Use
Plan for Joint Forces Training Base Los Alamitos". _ Issuance of building
permits shall not occur until said compliance notification is received by the
Director of Development Services.
MND 06-1.400 Mirilla Drive,PC Reoo
9
.
Planning Commission Resolution No. 06-17
MitigatedNegative Declaration 06-1
400 Marina Drive Project
April 5, 2006
HYDROLOGY AND WATER QUALITY:
HYD I Prior to the issuance of the first grading or building permit, a comprehensive
Water Quality Management Plan (WQMP) shall be prepared by a registered
civil engineer or a registered professional hydrologist to protect water
resources from impacts due to urban contaminants in surface water runoff.
The WQMP shall be prepared in coordination with the Regional Water
Quality Control Board, Orange County, the City of Seal Beach, and the
California Coastal Commission to insure compliance with applicable National
Pollutant Discharge Elimination System (NPDES) permit requirements. The
WQMP shall include a combination of structural and non-structural Best
Management Practices (BMPs) as outlined in the Countywide NPDES
Drainage Area Management Plan. Project applicant shall reimburse City costs
of independent third-party review of said Water Quality Management Plan.
HYD2 The amount of sediment movement during construction will be rninimized by
the use ofNPDES BMP's, including, but not limited to, sandbags, silt fences,
.straw bales and rock check dams. The construction and condition of the
BMP's will be periodically inspected during construction and repairs will be
made, when necessary, as required by the NPDES.
HYD3 The project is required to meet Stormwater Management regulations of the
City of Seal Beach as set forth in Chapter 9.20, Storm Water Management
Program. A copy of the Storm Water Pollution Prevention Plan (SWPPP) if
required, and a Monitoring Plan shall be submitted to the City Engineer a
minimum of thirty (30) days prior to commencing grading operations for
approval. A Grading Permit shall not be issued by the Building Department
or Public Works Department until the SWPPP has been approved by the City
Engineer.
The SWPPP shall emphasize structural and non-structural Best Management
Practices (BMPs) in compliance with NPDES Program requirements. Specific
measures shall include:
D All loose piles of soil, silt, clay, sand, debris, or other earthen materials
shall be protected in a reasonable manner to eliminate any discharge to
waters of the State.
D During construction, temporary gravel or sandbag containment walls shall
be used as necessary to prevent discharge of earthen materials from the
site during periods of precipitation or runoff.
NOISE:
N-I Prior to commencement of construction activities, notice shall be provided to
surrounding residents within a 500-foot distance of the project site, regarding
anticipated construction activity dates and times when substantial noise is
MND 06-1.400 Mirilla Drive,PC Reso
10
.
Planning Commission Resolution No. 06-17
kfmgawdNegativeDeclarauon06-1
400 Marina Drive Project
April 5, 2006
anticipated to occur. Prior to distribution, the notice shall be reviewed and
approved by the Director of Development Services.
N-2 To reduce constmction-related noise impacts, construction shall be limited to
periods of reduced noise sensitivity and thus reduce sleep disturbance and
other noise nuisance potential. Pursuant to the City's Noise Ordinance, the
construction contractor shall ensure that general construction activities (which
includes construction vehicle staging and idling engines) be conducted only
between the hours of 7:00 a.m. and 8:00 p.m. on weekdays, between 8:00 a.m.
and 8:00 p.m. on Saturday, and do not take place at any time on Sunday or
local, State, or Federal holidays.
N-3 Prior to Building/Grading Permit issuance, the Building/Grading Plans shall
be reviewed and approved by the Planning Department to ensure compliance
with the following:
Q All construction equipment, fixed or mobile, shall be equipped with
properly operating and maintained mufilers, to the satisfaction of the
Building Official;
Q During construction, stationary construction equipment shall be placed
such that emitted noise is directed away from sensitive noise receptors, to
the satisfaction of the Building Official; and
Q During construction and to the satisfaction of the Building Official,
stockpiling and vehicle staging areas shall be located as far as practical
from noise sensitive receptors.
N-4 All construction-related noises will cease upon completion of the project.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City
of Seal Beach at a meeting thereof held on the 5th day of Anril . 2006, by the
following vote:
AYES: Commissioners
DEATON, LADNER, O'MALLEY, ROBERTS, AND SHANKS
NOES: Commissioners
ABSENT: Commissioners
ABSTAIN: Commissioners
MND 06-1 400 Marina Drive,pe Rosa
11
Whittenberg, Secretary
lanning Commission
MND 06-1.400 Marina Drive. PC R<so
Planning Commission Resolution No. 06-17
Mitigated Negative Declaration 06-1
400AlarmaDrivePr~ect
April 5, 2006
~4A~
a;;nnan
Planning Commission
12
.
Negative Declaration 06-1, General Plan Amendment 06-1,
Zone Change 06-1 and Tentatitle Parcel Map 2005-257
400 Marina Drive Project
City Council Staff Report
April 24, 2006
ATTACHMENT 6
PLANNING COMMISSION RESOLUTION
06-3, A RESOLUTION OF THE PLANNING
COMMiSSION OF THE CITY OF SEAL
BEACH RECOMMENDING TO THE CITY
COUNCIL APPROVAL OF GENERAL PLAN
AMENDMENT 06-1, AMENDING THE LAND
USE AND HOUSING ELEMENTS (400
MARINA DRIVE PROJECT)
54
GPA 06-1 &: ZC 06-1 CC SIaffRep0Jt.400 Marina Drive
,
RESOLUTION NO. 06 - 3
A RESOLUTION OF TIlE PLANNING
COMMISSION OF TIlE CITY OF SEAL
BEACH RECOMMENDING TO THE CITY
COUNCIL APPROVAL OF GENERAL PLAN
AMENDMENT 06-1, AMENDING THE LAND
USE AND HOUSING ELEMENTS (400
MARINA DRIVE PROJECT)
TIlE PLANNING COMMISSION OF TIlE CITY OF SEAL BEACH
DOES HEREBY RESOL VB:
Section 1. On November 21, 2005 Schwendener Corporation
submitted requests for a General Plan Amendment, Zone Change and Tentative Parcel
Map with the Department of Development Services.
Section 2. The proposed project seeks approval of the following
actions, as requested by Schwendener Corporation:
o Amend the Land Use and Housing Elements of General Plan to
designate a 13,667 square foot, 0.31.acre, property from Commercial General to
Residential High Density;
o Change the zoning designation on this parcel from General
Commercial (C-2) to Residential High Density (RHO), District I to be consistent with the
General Plan revision;
o Approve Tentative Parcel Map 2005-257 to create 4 parcels on the
approximately 0.31 acres, with a minimum parcel size of 2,937.5 square feet.
Section 3. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) the City
prepared "Initial Study/Mitigated Negative Declaration 06-1. General Plan Amendment 06-
1, Zone Change 06-1 and Tentative Parcel Map 2005-257 - 400 Marina Drive Project'
(SCH# 2006021131), which was circulated for public review and comment from
February 23, 2006 to March 27,2006, in compliance with the provisions of1he California
Environmental Quality Act.
Section 4. A duly noticed public hearing was held before the Planning
Commission on April 5,2006 to consider the subject Mitigated Negative Declaration and
the requested land use applications. At the public hearing, the Planning Commission
invited and considered any and all testimony offered in favor or opposition to said
Mitigated Negative Declaration and land use applications.
Section 5.
The record of the hearings indicates the following:
\\DATAFILElUscrslL Whit10nbergIMy DocumenlslRESOlGPA 06-1 400 Marina Drive,PC Reso,doclLW\D4-06-ll6
Planning Commission Resolution No. 06-3
General Plan Amendment 06-1
400 Marina Drive Project
April 5, 2006
(a) The applicant seeks approval of the following actions:
o Amend the Land Use and Housing Elements of General
Plan to designate a 13,667 square foot, 0.31.acre, property from Commercial General to
Residential High Density;
o Change the zoning designation on this parcel from General
Commercial (C-2) to Residential High Density (RHD), District I to be consistent with the
General Plan revision;
o Approve Tentative Parcel Map 2005-257 to create 4 parcels
on the approximately 0.31 acres, with a minimum parcel size of2,937.5 square feet.
(b) The project site is irregular in shape, having approximately 80 feet
of frontage ori Fourth Street and 137 feet of frontage on Marina Drive, and is located at
the southeast comer of the intersection of Fourth Street and Marina Drive.
(c) The surrounding land uses and zoning are as follows:
NORTH: Properties to the north, across Marina Drive, are designated
for Residential Low Density-3000 development in both the General Plan and Zoning
Ordinance. These properties are developed with detached residential units and are
commonly known as "Bridgeport". Residences in Bridgeport are limited to 2 stories in
height.
EAST: Properties to the east, separated by a 15-foot public alley,
along Marina Drive, are designated in the General Plan and Zoning Ordinance for
"Commercial - General" uses and are developed with a small commercial development
consisting of a liquor store and a take-out food store. Properties to the south of this
cominercial area are designated in the General Plan and Zoning Ordinance for "High
Density Residential" uses and are developed with a variety of detached and attached
residential living units.
SOUTIi: Properties to the south are designated in the General Plan
and Zoning Ordinance for "High Density Residential" uses and are developed with a
variety of detached and attached residential living units.
WEST: Properties to the west are designated in the General Plan
and Zoning Ordinance for "High Density Residential" uses and are developed with a
variety of detached and attached residential living units.
(d) The requested General Plan Amendment and Zone Change would
amend the Land Use and Housing Elements of General Plan to designate the subject
13,667 square foot, O.31.acre, property from Commercial General to Residential High
Density and change the zoning designation on the subject property from General
Commercial (C-2) to Residential High Density (RHO), District I to be consistent with the
General Plan revision.
GPA 06-1.400 MIrilla Drive,pe a..o
2
Planning Commi3sion Resolution No. 06-3
General Plan Amendment 06-1
400 Marina Dritle Project
April 5, 2006
(e) The minimum lot size and area permitted in the Residential High
Density regulations is 25' x 100', with a minimum lot area of 2,500 square feet. The
proposed lots meet this requirement.
(1) All of thc proposed development on the parcels that would be
created by the requested Parcel Map is not subject to any discretionary land use
entitlement reviews by either the Planning Commission or City Council.
(g) Marina Drive is a secondary street with a right-of-way of 80 feet
and Fourth Street is a local street with 60 feet of right-of-way. Marina Drive underwent
an extensive renovation in 2004 that included a reduction in vehicle traffic lanes from 4
lanes to 2 lanes, provision of a 25-foot wide landscaped parkway along the north side of
Marina Drive: A 12-foot wide offroad Class I multi-use bikeway is also provided within
the landscaped parkway.
Section 6. Based upon substantial evidence in the record of the Planning
Commission hearing regarding the application, including the facts stated in ~ 3 and ~ 5 of
this resolution, and in the environmental documentation prepared in conjunction with this
project, and pursuant to ~~ 28-2600 and 28-2602 of the City's Code. the Planning
Commission hereby finds that General Plan Amendment 06-1, consisting of amendments to
the Land Use Element, Land Use Map, and Table 16 of the Housing Element, will be
beneficial to the short term and long term land use goals of the City of Seal Beach. The
Planning Commission further finds that approval of the subject amendment to the Land Use
Element, Land Use Map, and Table 16 of the Housing Element will promote the public
health, safety and welfare. Therefore, the Planning Commission finds that the requested
amendments to the Land Use Element, Land Use Map, and Table 16 of the Housing
Element of the City of Seal Beach will be in the public interest, and makes the following
findings of fact:
(a) The proposed General Plan Amendment to amend the Land Use
Element, Land Use Map, and Table 16 of the Housing Element will conform land uses to
those set forth within the Land Use Element for the subject area, as proposed to be
amended pursuant to this request.
(b) The proposed project "Yill allow for a reasonable range ofland uses
on the subject property, recognizing the compatibility with adjacent residential and
conunercialland uses.
(c) The proposed project entitlement requests, and the necessary General
Plan Amendment, will not be detrimental to the short term or long term goals or objectives
of the City of Seal Beach and are in the interest of the public health, safety and welfare. The
proposed amendments are consistent with the General Plan, as amended.
GPA 06-1.400 Mirilla Drive PC Reso
3
Planning Commission Resolution No. 06-3
General Plan Amendment 06-1
400 Marina Drive Project
April 5, 2006
Section 7. Based on the foregoing Sections I through 6, the Planning
Commission hereby recommends that the City Council approve General Plan Amendment
06-1 as set forth below:
1. The "City of Seal Beach General Plan, Land Use Element" is revised as shown
below:
CJ Table 2 - Land Use Summary, on page LU-50, sets forth the following
land use acreage information for the entire city, and is indicated for
revisions as shown below:
:Land Use. Table LU-2 - Land Use Summary Table
Proposedl
D~~eloped Undeveloped
Designation acres) (acres) Total Acres
Residential
Low 353.7 0.0 353.7
Me ium 50504 0.0 50504
Hi~ 11 166.7 0.0 166.7
Commercial
Prciessional Office 16.4 0.0 16.4
Selftice 49.3 0.0 49.3
Ge1\eral 82.8 18.0 100.8
Industrial
Lig)1t 67.0 50.0 117.0
Oil Extraction 14.6* 4.6 19.2*
Open Space
Oplm. Space 0.0 185.0 185.0
Gate Course 156.8 0.0 156.8
Wetlands & Wildlife
Refuge 0.0 900.0 900.0
Park 65.2 0.0 65.2
Scbool 15.3 0.0 15.3
Community Facility 61.8 0.0 61.8
Military 4854.6 0.0 4854.6
Beach 0.0 80.3 80.3
Total 6409.6 1237.9 7647.5
*Portions of this acreage may be appropriate for residential redevelopment
when oil production uses terminate.
CJ Table 3 - Aggregated Land Use Categories, on pages LV-51 through LU-
54 is revised as follows:
OPA 06-1.400 Morina Drive,PC Rosa
4
Planning Commission Resolution No, 06-3
General Plan Amendment 06-1
400 Marina Drive Project
April 5, 2006
Land se - ab e 3 - Aaareaated Lan se ateaories
PLANNING AREA 1 (pA I)
I.and Use Category Acres % of Total
Open Space 26.8 8.0%
Residential Low Density 8.9 2.7%
Residential Medium Density 19.9 6.0%
Residential High Density 151.0 45.6%
Park 13.6 4.1%
School 1.6 0.48%
Community Facility 1.4 0.42%
Commercial- Professional Office 3.8 1.1%
Commercial- Service 9.2 2.8%
Commercial- Genera1 9.9 2.9%
Open Space Golf 0.0 0.0
Industrial- Light 0.0 0.0
Industrial- Oil Extraction 4.6 1.4%
Military 0.0 0.0
Beach 80.3 24.3%
TOTAL 331.0 100.0%
U
T
dU C
Land Use - Table 3 - Aaareaated Land Use Cateaories (Continued'
Land Use Category Acres % of Total
CITY OF SEAL BEACH
Open Space 185.0 2.7%
Residential Low Density 353.7 5.2%
Residential Medium Density 505.4 7.5%
Residential High Density 166.7 2.5 %
Park 55.1 0.82%
School 15.3 0.23%
Community Facility 61.8 0.92%
Commercial- Professional Office 16.4 0.24%
Commercial- Service 49.3 0.73%
Commercial- General 100.8 1.5%
Ooen Space Golf 156.8 2.3%
Industrial- Ll2ht 117.0 1.7%
Industrial- Oil Extraction 19.2 0.28%
GPA 06-1.400 Marina DrinPC Res.
5
.
Planning Commission Resolution No. 06-3
General Plan Amendment 06-1
400 Marina Drive Project
April 5, 2006
Military 4854.6 72.0%
Beach 80.3 1.2%
TOTAL 6737.4 100.0%
o The "City of Seal Beach Land Use Map" will require a revision to indicate
the requested change as shown graphically below:
EXISTING AND PROPOSED GENERAL PLAN
LAND USE DESIGNATIONS
Zoning
()]) Com m, ICbl Sou 1>.. (CoG)
. Opo' Spa.. (OS)
,. RoU"lIllHgi D"IIf(!lHD)
@ RulI"lIll UOdl,m DUIIf (!IUD)
GPA 06-1.400 Marina Drive PC Rosa
6
PlaMing Commission Resolution No. 06-3
General Plan Amendment 06-1
400 Marina Dritle Project
April 5, 2006
2. The "City of Seal Beach General Plan, Housing Element" is revised as shown
below:
Housing - Table16 - Acreage by General Plan land Use Designations
Proposedl
Developed Undeveloped
Designation (acres) (acres) Total Acres
Residential
Low 353.7 0.0 353.7
Mediu,m. 505.4 0.0 505.4
Hieh 166.7 0.0 166.7
Commercial
Professional Office 16.4 0.0 16.4
Service 49.3 0.0 49.3
General 82.8 18.0 100.8
Industrial
Light 67.0 50.0 117.0
Oil Extraction 14.6* 4.6 19.2*
Open Space
Open Space 0.0 185.0 185.0
Golf Course 156.8 0.0 156.8
Wetlands & Wildlife
Refuge 0.0 900.0 900.0
Park 65.2 0.0 65.2
School 15.3 0.0 15.3
Community Facility 61.8 0.0 61.8
MIlitary 4854.6 0.0 4854.6
Beach 0.0 80.3 80.3
Total 6409.6 1237.9 7647.5
*Portions of this acreage may be appropriate for residential redevelopment when oil
production uses terminate.
PASSED, APPROVED AND ADOPTED by the Plaoning Commission of the
City of Seal Beach at a meeting thereof held on the 5th day of April , 2006 by
the following vote:
GPA 06-1.400 Marina Drive.PC Rosa
7
AYES: Commissioners
NOES: Commissioners
ABSENT: Commissioners
ABSTAIN: Commissioners
.
Planning Commission Resolution No. 06-3
General Plan Amendment 06-1
400 Marina Drive Project
April 5, 2006
DEATON,LADNER,O'MALLEY, ROBERTS, SHANKS
e Whittenberg
Secretary of the Planning Co
GPA 06-1.400 Morin. Drive,PC Reso
Ch~trt~l~ssion
8
,
Negative Declaration 06-1, General Plan Amendment 06-1,
Zone Change 06-1 and Tentative Parcel Map 2005-257
400 Marina Drive Project
City Council Stqff Report
April24, 2006
ATTACHMENT 7
RESOLUTION NUMBER 06-4, A
RESOLUTION OF THE PLANNING
'COMMISSION OF THE CITY OF SEAL
BEACH RECOMMENDING TO THE CITY
COUNCIL APPROVAL OF ZONE CHANGE
06-1, CHANGING THE ZONING
DESIGNATION FROM GENERAL
COMMERCIAL (C-2) TO RESIDENTIAL
IDGH DENSITY, DISTRICT I, AT 400
MARINA DRIVE
55
GPA06-1 &: ZC 06-l.CC SIBffRoport 400 Marin. Drive
a'
,
RESOLUTION NUMBER 06 - 4
A RESOLUTION OF TIffi PLANNING
COMMISSION OF 1HE CITY OF SEAL
BEACH RECOMMENDING TO THE CITY
COUNCIL APPROVAL OF ZONE CHANGE 06-
1, CHANGING 1HE ZONING DESIGNATION
FROM GENERAL COMMERCIAL (C-2) TO
RESIDENTIAL HIGH DENSITY (RHO),
DISTRICT I, AT 400 MARINA DRIVE
1HE PLANNING COMMISSION OF TIffi CITY O~ SEAL BEACH
DOES HEREBY RESOL VB:
Section 1. On November 21, 2005 Schwendener Corporation
submitted requests for a General Plan Amendment, Zone Change and Tentative Parcel
Map with the Department of Development Services.
Section 2. The proposed project seeks approval of the following
actions, as requested by Schwendener Corporation:
Cl Amend the Land Use and Housing Elements of General Plan to
designate a 13,667 square foot, 0.31.acre, property from Commercial General to
Residential High Density;
Cl Change the zoning designation on this parcel from General
Commercial (C-2) to Residential High Density (RHO), District I to be consistent with the
General Plan revision;
Cl Approve Tentstive Parcel Map 2005-257 to create 4 parcels on the
approximately 0.31 acres, with a minimum parcel size of2,937.5 square feet.
Section 3. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) the City
prepared "Initial Study/Mitigated Negative Declaration 06-1, General Plan Amendment 06-
I, Zone Change 06-1 and Tentative Parcel Map 2005-257 - 400 Marina Drive Projed'
(SCH# 2006021131), which was circulated for public review and comment from
February 23, 2006 to March 27,2006, 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 5, 2006 to consider the subject Mitigated Negative Declaration and
the requested land use applications. At the public hearing, the Planning Commission
invited and considered any and all testimony offered in favor or opposition to said
Mitigated Negative Declaration and land use applications.
\\DATAFlLElU.."ILWhittenb"'IIMY DocumentslRESOlZon. Ch_ 06-1.400 Millin. Dnve.PC Roso,docILW\04-06-06
.
Planning Commission Resolution No.06-4
Zone Change 06-1
400 marina Drive Project
April 5, 2006
Section 5.
The record of the hearings indicates the following:
(a) The applicant seeks approval of the following actions:
o Amend the Land Use and Housing Elements of General
Plan to designate a 13,667 square foot, 0.31.acre, property from Commercial General to
Residential High Density;
o Change the zoning designation on this parcel from General
Commercial (C-2) to Residential High Density (RHD), District I to be consistent with the
General Plan revision;
o Approve Tentative Parcel Map 2005-257 to create 4 parcels
on the approximately 0.31 acres, with a minimum parcel size of2,937.5 square feet.
(b) The project site is irregular in shape, having approximately 80 feet
of frontage on Fourth Street and 137 feet of frontage on Marina Drive, and is located at
the southeast comer of the intersection of Fourth Street and Marina Drive.
(c) The surrounding land uses and zoning are as follows:
NORm: Properties to the north, across Marina Drive, are designated
for Residential Low Density-3000 development in both the General Plan and Zoning
Ordinance. These properties are developed with detached residential units and are
commonly known as "Bridgeport". Residences in Bridgeport are limited to 2 stories in
height.
EAST: Properties to the east, separated by a 15-foot public alley,
along Marina Drive, are designated in the General Plan and Zoning Ordinance for
"Commercial - General" uses and are developed with a small commercial development
consisting of a liquor store and a take-out food store. Properties to the south of this
commercial area are designated in the General Plan and Zoning Ordinance for "High
Density Residential" uses and are developed with a variety of detached and attached
residential living units.
soum: Properties to the south are designated in the General Plan
and Zoning Ordinance for "High Density Residential" uses and are developed with a
variety of detached and attached residential living units.
WEST: Properties to the west are designated in the General Plan
and Zoning Ordinance for "High Density Residential" uses and are developed with a
variety of detached and attached residential living units.
(d) The requested General Plan Amendment and Zone Change would
amend the Land Use and Housing Elements of General Plan to designate the subject
13,667 square foot, O.3l.acre, property from Commercial General to Residential High
Density and the requested Zone Change would change the zoning designation on the
Zone Change 06-1.400 Marina Drive.pc Rosa
2
Pla1l1ling Commission Resolution No. 06-4
Zone Change 06-1
400 marina Drive Project
April 5, 2006
subject property from General Commercial (C-2) to Residential Low Density (RHO),
District I to be consistent with the General Plan revision.
(e) The minimum lot size and area permitted in the Residential High
Density regulations is 25' x 100', with a minimmn Jot area of 2,500 square feet. 'lbe
proposed lots meet this requirement.
(f) All of the proposed development on the parcels that would be
created by the requested Parcel Map is not subject to any discretionary land use
entitlement reviews by either the Planning Commission or City Council.
. (g) Marina Drive is a secondary street with a right-of-way of 80 feet
and Fourth Street is a local street with 60 feet of right-of-way. Marina Drive underwent
an extensive renovation in 2004 that included a reduction in vehicle traffic lanes from 4
lanes to 2 lanes, provision of a 25-foot wide landscaped parkway along the north side of
Marina Drive. A 12-foot wide offroad Class I multi-use bikeway is also provided within
the landscaped parkway.
Section 6. Based upon substantial evidence in the record of the
Planning Commission hearings regarding the application, including the facts stated in ~ 3
and ~ 5 of this resolution, and in the environmental documentation prepared in
conjunction with this project, and pursuant to ~~ 28-2600 and 28-2602 of the City's
Code. the Planning Commission hereby finds that Zone Change 06-1 will be beneficial to
the short term and long term land use goals of the City of Seal Beach. The Planning
Commission further finds that approval of Zone Change 06-1 will promote the public
health, safety and welfare. Therefore, the Planning Commission finds that Zone Change
06-1 will be in the public interest, and makes the following findings offact:
(a) Proposed Zone Change 06-1 will conform land uses to the goals
and policies of the Land Use Element for the subject area, as revised by General Plan
Amendment 06-1.
b) Proposed Zone Change 06-1, and the necessary General Plan
Amendment, will not be detrimental to the short term or long-term goals or objectives of
the City of Seal Beach and are in the interest of the public health, safety and welfare.
Proposed Zone Change 06-1 is consistent with the General Plan, as amended pursuant to
General Plan Amendment 06-1. .
Section 7. Based on the foregoing Sections 1 through 6, the Planning
Commission hereby recommends that the City Council approve Zone Change 06-1, to
change the zoning designation of the subject property located at 400 Marina Drive from
C-2, Commercial General to RHO, Residential High Density, District I, on the Zoning
Map of the City of Seal Beach, as indicated below (said property is legally described as
Lots 20 and 21, Tract 698):
Zone Chongo 06-1400 Marina Drive.PC Resa
3
Pla1l1ling Commission Resolution No. 06-4
Zone Change 06-1
400 marina Drive Project
April5. 2006
PROPOSED ZONING MAP DESIGNATIONS
ZONE CHANGE 06-1
2DD
,
Zoning
<III> Com.. ~.II~S..bu lP1)
e CommID.I-OeuRlllP.g)
.. PIDIID Lltd Uu IR.cltjlttn (pLUIR)
_ ft..tIell.IH~1 DUIt{(IlHD)
@ h.tllUlillLow DUIt( (RLD.;;JIJIJa)
"
PASSED, APPROVED AND ADOPTED by the Planning Commission of the
City of Seal Beach at a meeting thereof held on the 5th day of ADril . 2006,
by the following vote.
Zone CIumge 06-1.400 MIrilla Drive PC a..o
4
.
Planning Commission Resolution No. 06-4
Zone Change 06-1
400 marina Drive Project
April 5. 2006
AYES: Commissioners
DEATON, LADNER, O'MALLEY, ROBERTS, SHANKS
NOES: Commissioners
ABSENT: Commissioners
ABSTAIN: Commissioners
cdi~:ili" Pl~ -I . .
o e anmng omnusslon
zoDe ChBDgO 06-1.400 MllrDla Drive.PC Reso
5
.
Negotitle Declaration 06-1, General Plan Amendment 06-1,
Zone Change 06-1 and Tentatitle Parcel Map 2005-257
400 Marina Dritle Project
City Council Staff Report
April 24, 2006
ATTACHMENT 8
RESOLUTION NUMBER 06-2, A
RESOLUTION OF THE PLANNING
'COMMISSION OF mE CITY OF SEAL
BEACH RECOMMENDING TO THE CITY
COUNCIL APPROVAL OF TENTATIVE
PARCEL MAP 2005-257
56
GPA 06-1 &: ZC 06-1 CC StaffReport.400 Marina On..
..
RESOLUTION NUMBER 06 - 2
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL
BEACH RECOMMENDING TO THE CITY
COUNCIL APPROVAL OF TENTATIVE
PARCEL MAP 2005-257
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH
DOES HEREBY RESOLVE:
Section 1. On November 21, 2005 Schwendener Corporation
submitted requests for a General Plan Amendment, Zone Change and Tentative Parcel
Map with the Department of Development Services.
Section 2. The proposed project seeks approval of the following
actions, as requested by Schwendener Corporation:
o Amend the Land Use and Housing Elements of General Plan to
designate a 13,667 square foot, 0.31.acre, property from Commercial General to
Residential High Density;
o Change the zoning designation on this parcel from General
Commercial (C-2) to Residential High Density (RHO), District I to be consistent with the
General Plan revision;
o Approve Tentative Parcel Map 2005-257 to create 4 parcels on the
approximately 0.31 acres, with a minimum parcel size of 2,937.5 square feet.
Section 3. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) the City
prepared "Initial Study/Mitigated Negative Declaration 06-1, General Plan Amendment 06-
1, Zone Change 06-1 and Tentative Parcel Map 2005-257 - 400 Marina Drive Projecf'
(SCH# 2006021131), which was circulated for public review and comment from
February 23, 2006 to March 27, 2006, 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 5, 2006 to consider the subject Mitigated Negative Declaration and
the requested land use applications. At the public hearing, the Planning Commission
invited and considered any and all testimony offered in favor or opposition to said
Mitigated Negative Declaration and land use applications.
Section 5.
the subject application:
Applicant seeks to establish the following uses as part of
\IDA T AFILElU....ILWhittenb.rglMy Do.umonb\RESOlTPM 2005-257.400 Morin. Driv..PC R"o.docIL W\Q4-06.06
. .
Planning Commission Resolution 06-2
Tentative Parcel Map 2005-257
400 Marina Drive Project
April 5, 2006
(a) Tentative Parcel Map No. 2005-257 will create four new parcels
for residential development on the subject property. Below is a summary of the proposed
parcels for Parcel Map 2005-257:
Parcel Number
Proposed Use
Gross Area
Parcell
Parcel 2
Parcel 3
Parcel 4
Residence Site
Residence Site
Residence Site
Residence Site
TOTAL
0.0674 acres (2,937.5 sq. ft.)
0.0674 acres (2,937.5 sq. ft.)
0.0674 acres (2,937.5 sq. ft.)
0.1114 acres (4.854.5 sa. ft.)
0.3137 acres (13,667 sq. ft.)
Section 6. Based upon substantial evidence in the record of the
hearing, including the facts stated in Sections 1 through 4 of this resolution, and in the
environmental documentation prepared in conjunction with this project, and pursuant to
~~ 28-2600 and 28-2602 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 06-1 to protect the environment will be implemented.
(f) Pursuant to Sections 15070 through 15075 of the CEQA
Guidelines, a Mitigated Negative Declaration has been prepared. lbis subdivision is
within the scope of the Mitigated Negative Declaration, which adequately describes the
general environmental setting of the project and mitigation measures identified to reduce
all identified impacts to "Less Than Significant With Mitigation Incorporated". No
additional environmental documentation is needed.
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
2005-257, subject to the following conditions:
TPM 2005-257.400 Marina Drive.PC Rcso
2
.
Planning Commission Resolution 06-2
Tentative Parcel Map 2005-257
400 Marina Dritle Project
April 5, 2006
1. Remove and replace all damaged concrete curb and gutter, sidewalk, and
pavement.
2. Remove existing driveway approaches and install new driveways as shown on
plans. New curb and gutter shall be installed in arcas where existing driveway
approaches have been removed.
3. Install additional 36-inch box trees within the public right-of-way as determined
by the Director of Public Works.
4. The project shall comply with all sections as adopted in Resolution 5209, titled
Public Works Standard Conditions of Approval for Vesting and Tentative and
Tentative Subdivision Maps. 2003 Edition.
5. Repair all damaged concrete in the alley to the nearest full slab.
6. Sanitary sewer lateral shall be installed to conform to city standards for each lot.
7 . Water service laterals and meters shall be installed to conform to city standards
for each lot
8. All utilities to be installed underground.
9. Additional street lights may be required. A street light study shall be done to
determine if additional street lighting is needed. Cost of study and any additional
street lights shall be paid for by the developer.
10. No driveways shall be constructed facing Marina Drive or 4th Street. Vehicle
access shall be from the alley.
11. All conditions from the City of Seal Beach Departments sba1l 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. Upon submittal of the final parcel map for review by the City of Seal Beach, a
letter signed by both the subdivider and the engineer shall be provided, which
indicates that these individuals agree to submit 5 blueprints, one 8 Y. x 11 copy,
and one mylar of the recorded parcel map to the City of Seal Beach Public Works
Department.
TPM 2005-257,400 Marina Drive.PC Resa
3
.. .
Pla1l1ling Commission Resolution 06-2
Tentative Parcel Map 2005-257
400 Marina Drive Project
April 5, 2006
14. 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 perfonnance of the use permitted hereby or the exercise of
the rights granted herein, and any and all claims, lawsuits or actions arising from
the granting of or the exercise of the rights permitted by this Tentative Parcel
Map, and from any and all claims and losses occurring or resulting to any person,
firm, corporation or property for damage, injury or death arising out of or
connected with the performance of the use permitted hereby. Applicant's
obligation to indemnify, defend and hold harmless the City as stated herein shall
include, but not be limited to, paying all fees and costs incurred by legal counsel
of the City's choice in representing the City in connection with any such claims,
losses, lawsuits or actions, expert witness fees, and any award of damages,
judgments, verdicts, court costs or attorneys' fees in any such lawsuit or action.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the
City of Seal Beach at a meeting thereof held on the 5th day of Anril , 2006 by
the following vote:
AYES: Commissioners
DEATON,LADNER,O'MALLEY,ROBERTS,SHANKS
NOES: Commissioners
ABSENT: Commissioners
ABSTAIN: Commissioners
-4A.-#~
Chairman
Planning Commission
T1!M 2OOS-257.400 Marina Drive.PC Res.
4
. ..
Negative Declaration 06-1, General Plan Amendment 06-1,
Zone Change 06-1 and Tentative Parcel Map 2005-257
400 Marina Drive Project
City Council Stqff Report
April24, 2006
ATTACHMENT 9
DRAFT PLANNING COMMISSION MINUTE
EXCERPT, APRIL 5, 2006
57
GPA 06-1 &: ZC 06-I.CC SIBffReport 400 ManDa Drive
.
..
DRAFT PLANNING COMMISSION MlNUTES EXCERPT
PUBLIC HEARINGS
1. Mitigated Negative Declaration 06-1
General Plan Amendment 06-1
Zone Change 06-1
Tentative Parcel Map 2005-257
400 Marina Drive Project
Applicant/Owner:
Request:
- Recommend
Approval, subject to conditions, and adoption of
Resolution Nos. 06-17, 06-3, 06-4, and 06-2,
respectively.
Mr. Whittenberg delivered the staff report. (Staff Report is on file for inspection in
the Planning Department.) He provided some background information on this
item and noted that the basic proposal is to demolish an existing 10-unit single-
story apartment building located at 400 Marina Drive, at the intersection of 4th
Street, and to change the zoning from a commercial land use designation to
Residential High Density (RHO), subdivide the property into 4 parcels that meet
the minimum lot sizes for the Coastal area of the City, and once all these actions
are approved, conduct public hearing before City Council to approve the General
Plan Amendment, Zone Change, and the Parcel Map. He indicated that once all
of these entitlements are in place, the owner of the property WOU~d e allowed to
construct 4 homes on the property in conformance with Cj velopment
standards for that area of the community. He explainedtti e pr.ocess for
preparing and circulating Mitigated Negative Declaration (M 06-1, noting that
the public review period for this document ended on Marc 7, 6. He stated
that a response to comments document has been preiti ed and vided to all
parties who provided comments. He noted that un~r i rnia S' Law the
General Plan (GP), the Zoning ordinance~~1 ns, nd the 'n"
properties in a community are required to be ri'Siste', so when changn e
zoning on a 'particular property to a zoning d 'Ignation that is different .. n the
GP designation, a request must be mad. chaS5them both to m~ e them
consistent. The Director of Developme~' ices " . indicated that the RHO
Zoning allows lot sizes of a minimum width of 2 ~, an 100 feet deep. He said
that in this case 3 of the lots are rectangular me' ing 25 ft. x 117ft. 6 in. deep.
with the corner lot on the diatinal of the prope '~ast~jlRl 4,000 sq. ft. He
noted that the plans propo Q the homes can ~A -{ as the there is no
Specific Plan requiring thi~ltt""c ~ n to be devel, d, and there will be no
further City review of the<1ilouSlllltl plans t9. !ilelve~ un ess the applicant were to
request some type of a discretitJ,nary R. lec~roval from the PC. He then
provided a brief PowerPoint pres~ , ta of th Y posed project site.
Ml '
Commissione~s
r RObertJ~2M~~ if the . : ect as it exists is currently a part of any of
the CitfS .~inco '9'-" 09 ~r. Whittenberg stated that it is not. He
explained tha' Ision of low-moderate income housing is an issue that is
r .~t.l! 0 new co ruction of housing. He said that Coastal Act provisions for
{. ow-inc housin tat~that if the City has less than 50 acres of vacant,
'.' available re . entiallaplthin the Coastal Zone, it is exempt.
.. -. Public Hearin
'.
Cn .lcperson S" anks opened the public hearing.
Ala~~ endener, 700 Ocean Avenue, stated that the design of this project will
conform well with Old Town, and he will not be requesting any Variances for
heights or setbacks for these homes, and will not construct a three-story home
on the wider lot. Commissioner Roberts asked if the designs for the front of the
homes on the more narrow lots could be different to prevent a "cookie cutter"
appearance. Mr. Schwendener stated that a mixture of Mediterranean and
Craftsman style home designs were selected, with a mixture of color as well as
building material to create a less uniform look. Commissioner Deaton stated that
..
'"
~
~
having all of the front doors in the same location on each homes and the upstairs
windows in exactly the same place, also provides the "cookie cutter" look. She
suggested that there could be more variance in the designs. Commissioner
Roberts asked if the Mediterranean homes are to have tile roofs. Mr.
Shwendener stated that they would have tile roofs. Commis~'oner Ladner
~ommented that the applicant has done a good job with these 2~C:) I~~S.
Pat Kearns, expressed his concern about the provision of · . uate parking for
these new homes. He stated that although there is an . nan requiring that
residents park their cars in their garages, no one does creatin a'or parking
problems for residents and their guests. He propos d cr . g a set k on the
first floor 22-feet off the alley to allow for parking ext cars off str
He also recommended provided at least 3 st suo the front doo to
provide enough elevation to prevent the : lem of flooding. Ch~i 'rson
Shanks commented that the PC cannot a ss Mr earns' concerns ~ garding
parking, but he advised Mr. Kearns to c. t e Mal reet Parking Committee
to discuss these issues. ..'
Commissioner .,. on asked if here were a downside from changing this
~a e from co "ercial to RHD. Mr. Whittenberg stated that there is the loss
,0 an P E!~nity ~,a mmercial use on the property, but realistically the
property is r... gular in . e and less than 15,000 square feet in total land area,
and has be ,zone or commercial use since 1946 and has never been
. developed for .. commercial use, which probably indicates that the marketplace
qas not seen is as a good location for a commercial development. He noted
t~~t.his ch~9'~ will develop Iii property that has had deferred maintenance on it
for a,lbng time.
com%er O'Malley commented that this is a great project that will help
"clean up the area and be a benefit to the city."
MOTION by Deaton; SECOND by Ladner to recommend to City Council the
adoption of Mitigated Negative Declaration 06-1 and adopt Resolution 06-17 as
presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
~ ,;;;
5-0
Shanks, Deaton, Ladner, O'Malley, and Roberts
None
None
MOTION by Ladner; SECOND by Roberts to recommend ;pAllY Council
approval of General Plan Amendment 06-1, amending t , "~Land~se and
Housing Elements and adopt Resolution 06-3 as presented. .
.. ,
MOTION CARRIED:
AYES:
NOES:
ABSENT:
MOTION by O'Malley; SECOND by L . @er to ~ommend to City Council
approval of Zone Change 06-1, chang in . onin ~ignation for 400 Marina
Drive from General Commercial (C-2) to Resi ~jj., ~igi? Density (RHD), District
1, and adopt Resolution 06-4 as presented. '
MOTION CARRIED:
AYES:
NOES:
ABSENT:
D. Ladner, O'Mal ey, and Roberts
. v
MOTION by L~dJ..~~ SECOND 'O'Malley to recommend to City Council
approval of tJiiYativ - arcel Map~{~-257 and adopt Resolution 06-2 as
presented:.. 'r
MOTIO C': RIED" If
AYES: Shanks, Deaton, Ladner, O'Malley, and Roberts
~O~" None
.~N'
. * * *
Negative Declaration 06-/, General Plan Amendment 06-1,
Zone Change 06-1 and Tentative Parcel Map 2005-257
400 Marina Drive Project
City Council Staff Report
April24,2006
ATTACHMENT 10
PLANNING COMMISSION STAFF REPORT. DATED
APRIL 5, 2006, INCLUDING THE FOLLOWING
ATTACHMENTS:
o ATTACHMENT 1: PROPOSED PLANNING COMMISSION
RESOLUTION 06-17, A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL BEACH
RECOMMENDING TO THE CITY COUNCIL ADOPTION OF
MITIGATED NEGATIVE DECLARATION 06-1, 400 MARINA
DRNE PROJECT
D ATTACHMENT 2: PROPOSED PLANNING COMMISSION
RESOLUTION 06-3, A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL BEACH
RECOMMENDING TO THE CITY COUNCIL APPROVAL OF
GENERAL PLAN AMENDMENT 06-1, AMENDING THE LAND
USE AND HOUSING ELEMENTS (400 MARlNA DRNE
PROJECT)
o ATTACHMENT 3: RESOLUTION NUMBER 06-4, A
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF SEAL BEACH RECOMMENDING TO THE CITY COUNCIL
APPROVAL OF ZONE CHANGE 06-1, CHANGING THE ZONING
DESIGNATION FROM GENERAL COMMERCIAL (C-2) TO
RESIDENTIAL HIGH DENSITY (RHD), DISTRICT I, AT 400
MARlNA DRNE
o A'ITACHMENT4: RESOLUTION NUMBER 06-2, A
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF SEAL BEACH RECOMMENDlNG TO THE CITY COUNCIL
APPROVAL OF TENTATIVE PARCEL MAP 2005-257
o ATTACHMENT 5:
PROPOSED DEVELOPMENT PLANS
o ATTACHMENT 6:
TENTATIVE PARCEL MAP 2005-257
59
GPA 06-1 &: ZC 06-I.CC SlBffReport.400 Mirilla Drive
Negative Declaration 06-1, General Plan Amendment 06-1,
Zone Change 06-1 tmd Tentative Parcel Map 2005-257
400 Marina Drive Project
City Council Staff Report
April 24, 2006
Cl ATTACHMENT 7: "INITIAL STUDYIMITIGATED
NEGATIVE DECLARATION 06-1, GENERAL PLAN
AMENDMENT 06-1, ZONE CHANGE 06-1 AND TENTATIVE
PARCEL MAP 2005-257 - 400 MARINA DRIVE PROJECT',
DATED FEBRUARY 22,2006.
NOTE: PREVIOUSLY PROVIDED TO THE PLANNING
COMMISSION, CITY COUNCIL, AND PUBLIC LIBRARIES.
NOT PROVIDED AS PART OF THIS STAFF REPORT DUE TO
LENGTIi. COPIES ARE AVAILABLE AT THE DEPARTMENT
OF DEVELOPMENT SERVICES AND WILL BE AVAILABLE AT
THE PUBLIC HEARING
Cl ATTACHMENT 8: "RESPONSES TO COMMENTS FOR
INITIAL STUDYINEGATIVE DECLARATION 06-1, GENERAL
PLAN AMENDMENT 06-1, ZONE CHANGE 06-1 AND
TENTATIVE PARCEL MAP 2005-257 - 400 MARINA DRIVE
PROJECT", DATED MARCH 31, 2006
NOTE: PREVIOUSLY PROVIDED TO THE PLANNING
COMMISSION, CITY COUNCIL, AND PUBLIC LffiRARlES.
NOT PROVIDED AS PART OF THIS STAFF REPORT DUE TO
LENGTIi. COPIES ARE AVAILABLE AT THE DEPARTMENT
OF DEVELOPMENT SERVICES AND WILL BE AVAILABLE AT
THE PUBLIC HEARING
60
GPA 06-1 &: ZC O6-I.CC StaffReport.400 Manna Drive
April 5, 2006
STAFF REPORT
To: Honorable Chairman and Planning Commission
From: Lee Whittenberg
Director of Development Services
MITIGATED NEGATIVE DECLARATION 06-1; GENERAL
PLAN AMENDMENT 06-1; ZONE CHANGE 06-1; and
TENTATIVE PARCEL MAP 2005-257
Subj ect:
400 MARINA DRIVE PROJECT
Aoolicant:
Owner:
Location:
Classification of
Prooertv:
Reauest Summary:
SCHWENDENER CORPORATION
SCflWENDENER CORPORATION
THE SUBJECT PROPERTY HAS APPROXIMATELY 80 FEET OF FRONTAGE ON
FOURTH STREET AND 137 FEET OF FRONTAGE ON MARINA DRIVE, AND IS
LOCATED AT 1HE SOUTHEAST CORNER OF 1HE INTERSECTION OF FOURTH
STREET AND MARINA DRIVE.
GENERAL PLAN - COMMERCIAL GENERAL
ZONING MAP - GENERAL COMMERCIAL (C-2)
MITIGATED NEGATIVE DECLARATION 06-1 - RECOMMEND ADOPTION BY
1HE CITY COUNCn. OF MITIGATED NEGATIVE DECLARA nON 06-1.
GENERAL PLAN AMENDMENT 06-1 - RECOMMEND AMENDING 1HE LAND
USE AND HOUSING ELEMENTS OF GENERAL PLAN TO DESIGNATE THE
SUBJECT 13,667 SQUARE FOOT, 0.31.ACRE, PROPERTY FROM
COMMERCIAL GENERAL TO REsIDENTIAL HIGH DENSITY.
ZONE CHANGE 06-1 - RECOMMEND CHANGING 1HE ZONING
DESIGNATION ON 1HE ,SUBJECT PROPERTY FROM GENERAL COMMERCIAL
(C-2) TO RESIDENTIAL HIGH DENSITY (RHD), DISTRICT I TO BE
CONSISTENT WITH THE GENERAL PLAN REVISION.
TENTATNE PARCEL MAP 2005-257 - RECOMMEND APPROVAL OF A
PARCEL MAP TO LEGAlLY ESTABLISH 1HE REQUESTED 4 PARCELS ON THE
APPROXIMATELY 0.31 ACRE PROPERTY, WITI:I A MINIMUM PARCEL SIZE OF
2,937.5 SQUARE FEET.
Z:\My J?ocumentslGPAIGPA 06.\ &: ZC 06-I.PC SlBffReporl4OO MBrin. Driva,docILW\03.28-06
Negative Declaration 06-1, General Plan Amendment 06-1.
Zone Change 06-1 and Tentative Parcel Map 2005-257
400 Marina Drive Project
Planning Commission Stqff Report
April 5, 2006
Environmental Review: INmAL STUDY!MmGATED NEGATIVE DECLARATION 06-1 HAS BEEN
PREPARED PURSUANT TO CEQA.
Code Sections: Article 8, Sections 28-800 to 28-805; and Article 26, Sections 28-2600
to 28-2614 OF THE CODE OF THE CITY OF SEAL BEACH
Recommendation: STAFF RECOMl\llENDS APPROVAL OF THE SUBJECT REQUESTS, SUBJECT TO
CONDmONS, TIiROUGH ADOPTION OF RESOLUTIONS 06-2 TO
RESOLUTION 06-4 AND RESOLUTION 06-17, RESPECTIVELY
I FACTS I
o On November 21, 2005 Schwendener Corporation submitted requests for a General Plan
Amendment, Zone Change, and Tentative Parcel Map with the Department of
Development Services.
o Specifically, the applicant is seeking approval of the following actions:
o Amend the Land Use and Housing Elements of General Plan to designate a
13,667 square foot, 0.31.acre, property from Commercial General to Residential
High Density;
o Change the zoning designation on this parcel from General Commercial (C-2) to
Residential High Density (RHO), District I to be consistent with the General Plan
revision;
o Approval of Tentative Parcel Map 2005-257 to create 4 parcels on the
approximately 0.31 acres, with a minimum parcel size of 2,937.5 square feet; and
o Construct 4 new single family residences ranging in size from approximately
2,500 to 3,000 square feet.
o In keeping with the requirements of the California Environmental Quality Act (CEQA),
staffhas completed an initial environmental assessment and prepared Mitigated Negative
Declaration 06-1 for the proposed project (please refer to Attachment 7). The public
comment period was between February 23 and March 27, 2006.
o The public comment period for Mitigated Negative Declaration 06-1 ended on March 27,
2006 and staff has prepared and circulated the "Responses to Comments for Initial
Study/Mitigated Negative Declaration 06-12" on March 28, 2006 (Please refer to
Attachment 8).
o The Planning Commission is an advisory body to the City Council on all of the requested
actions before it regarding this matter. After Planning Commission determinations on the
2
GPA O!!,l &: zc 06-I.PC SlBffRcport.400 Marina Drive
Negative Declaration 06-1, General Plan Amendment 06-1,
Zone Change 06-1 and Tentative Parcel Map 2005-257
400 Marina Drive Project
Planning Commission StqffReport
April 5, 2006
environmental document and the requested land use entitlements, the City Council will
hold future public hearings on these requests.
o The subject property has approximately 80 feet of frontage on Fourth Street and 137 feet
of frontage on Marina Drive, and is located at the southeast comer of the intersection of
Fourth Street and Marina Drive.
o Properties to the north, across Marina Drive, are designated for Residential Low Density-
3000 development in both the General Plan and Zoning Ordinance. These properties are
developed with detsched residential units and are commonly known as "Bridgeport".
Residences in Bridgeport are limited to 2 stories in height. Properties to the east,
separated by a 15-foot public alley, are zoned General Commercial along Marina Drive,
and are developed with a small commercial development consisting of a liquor store and
a take-out food store. Other properties to the east, south and west are designated in the
General Plan and Zoning Ordinance for "High Density Residential" uses and are
developed with a variety of detsched and attached residential living units.
CJ The City's General Plan and zoning map both designate the subject property as General
Commercial. General Commercial is the City's most intense commercial designation
allowing a basic mixture of office and retail uses, including restaurants. The existing
General Commercial designation also permits automobile repair and service stations,
hotels, car washes and drive-in restaurants to name a few. Several of these uses are
permitted subject to issuance of a conditional use permit.
o The requested General Plan Amendment and Zone Change would change the designation
of the property to Residential High Density to allow for development of new residences in
accordance with the current development standards for residential developments currently
existing to the west, south, and southeast.
o Tentative Parcel Map No. 2005-257 will create for parcels on the subject property.
Below is a summary of the proposed parcels for Parcel Map 2005-257:
Parcel Number
Proposed Use
Gross Area
Parcell
Parcel 2
Parcel 3
Parcel 4
Residence Site
Residence Site
Residence Site
Residence Site
TOTAL
0.0674 acres (2,937.5 sq. ft.)
0.0674 acres (2,937.5 sq. ft.)
0.0674 acres (2,937.5 sq. ft.)
0.1114 acres (4,854.5 SQ. ft.)
0.3137 acres (13,667 sq. ft.)
o The minimum lot size and area permitted in the Residential High Density District I
regulations is 25' x 100', with a minimum lot area of 2,500 square feet. The proposed
lots meet these requirements. PlellJle note that Parcel 4 meets the minimum lot width
3
GPA 06-1 &: ZC 06-l.PC SIBff Raport.400 Manna Drive
Negative Declaration 06-1, General Plan Amendment 06-1,
Zone Change 06-1 and Tentative Parcel Map 2005-257
400 Marina Drive Project
Planning Commission Staff Report
April 5, 2006
requirement pUISU8nt to the provisions of Section 28-258, and is detennined to be 42-feet
in width which states:
"SecHon 28-258. Lot Width. "Lot Width" means the horizontal distance between
the lot side lines measured at right angles to the line comprising the depth of the
lot at apoint midway between the lotfront line and the lot rear line; provided that
the length of the line constituting the rear line of the required front yard shall
never be less than the required lot width established in each zone. (Ord. No.
948)"
Cl The proposed residential developments on all parcels that would be created by the
requested Parcel Map would not be subject to any discretionary land use entitlement
reviews by either the PI~nn;ng Commission unless a subsequent height variation reques1
were to be submitted by the project proponent or a future occupant of one of the
residences to be constructed.
Cl Marina Drive is a secondary street with a right-of-way of 80 feet and Folirth Street is 'a
local street with 60 feet of right-of-way. Marina Drive underwent an extensive
renovation in 2004 that included a reduction in vehicle traffic lanes from 4 lanes to 2
lanes, provision of a 25-foot wide landscaped parkway along the north side of Marina
Drive. A 12-foot wide off road Class I multi-use bikeway is also provided within the
landscaped parkway.
Cl Staff has received no comments, written or other, regarding the mailed/published notice
regarding GPA 06-11 ZC 06-1 and Tentative Parcel Map 2005-257 as of March 30, 2006.
I =~NMENTAL I
The City has prepared proposed Mitigated Negative Declaration 06-1 and that document has
been circulated for the required 30-day public co.mment period. Comments were received on the
proposed Mitigated Negative Declaration until March 27,2006. The City prepared "Responses
to Comments for Initial StudylNegative Declaration 06-1" and distributed that document to all
parties who commented on the subject Mitigated Negative Declaration 06-1 on March 28, 2006.
The proposed Mitigated Negative Declaration 06-1 and the "Responses to Comments for Initial
Study/Negative Declaration 06-1" are provided to the Planning Commission for consideration at
the time of their public hearings on the subject reques1s. Please refer to Attachments 7 and 8 to
review these documents.
4
OPt>. ~-1 & zr: O';"I,Pr. S..ffRtport '00 ~~arin! Drive
Negative Declaration 06-1, General Plan Amendment 06-1,
Zone Change 06-1 and Tentative Parcel Map 2005-257
400 Marina Drive Project
Planning Commission Stqff Report
April 5, 2006
The proposed Mitigated Negative Declaration fully evaluates all areas of environmental concern
and determines that all impacts are "Less Than Significant With Mitigation Incorporate"',
"Less Than Significant Impacf' or "No Impacf'.
The proposed Mitigated Negative Declaration indicates the proposed project will have a "Less
Than Significant Impact With Mitigation Incorporated" and sets forth proposed "Mitigation
Measures" to reach that threshold, upon the following areas of concern:
[J Cultural Resources
[J Geology and Soils
[J Hazards and Hazardous Materials
[J Hydrology and Water Quality
[J Noise
In all other areas of concern the proposed Mitigated Negative Declaration indicates the proposed
project will either have a "Less Than Significant Impact" or "No Impact".
Interested citizens may provide comments relative to the proposed Mitigated Negative
Declaration. 'Those comments will be conSidered by the Planning Commission and also
forwarded to the City Council for consideration at the time of their public hearings on these
requests.
The Planning Commission is requested to make a recommendation to the City Council regarding
the adequacy of the environmental analysis and the proposed mitigation measures to support
those conclusions. The City Council will make a final decision as to the adequacy of the
Mitigated Negative Declaration and the proposed mitigation measures when future public
hearings are scheduled before the Council to consider adoption of the Mitigated Negative
Declaration and the requested land use entitlements.
Overview of Existing General Plan Land Use
and Housing Element Provisions and
Requested Revisions
Overview of Current Land Use Element Provisions:
[J The Land Use Element of the General Plan provides an overview of the various
Planning Areas (400 Marina Drive is located within Planning Area 1) and is located
within the area commonly known as "Old Town" and is further identified in the General
Plan in an overview of the Planning Area on page LU-I0, stating:
"Planning Area 1 encompasses approximately 431 gross acres of the City.
The linear area includes downtown Seal Beach, the Department of Water and
Power site, Surfside, and the Sunset Marina Park. Planning Area 1 is situated
entirely in the California Coastal Zone. Planning Area 1 boundaries generally
5
GPA 06-1 &: ZC 06-1 PC SlBffReport.400 Marina Drive
Negative Declaration 06-1, General Plan Amendment 06-1,
Zone Change 06-1 and Tentative Parcel Map 2005-257
400 Marina Drive Project
Planning Commission Stqff Report
April 5, 2006
include the mouth of the San Gabriel River to the west, Pacific Coast Highway
to the north, the communities of Sunset Beach and Huntington Beach to the
east, and the Pacific Ocean to the south."
Staff Comments:
No Revisions to this section of the General Plan Land Use Element
are necessary.
I:l The "Goals, Objectives and Policies" portion of the Land Use Element does not discuss
the Old Town area of the City, except for the "Downtown Seal Beach/Main Street
Specific Plan" Area" on page LU-39. The property at 400 Marina Drive is not within that
area of the City, and therefore the property is not impac1ed by those stated "Goals,
Objectives and Policies".
Staff Comments: No Revisions to this section of the General Plan Land Use Element
are necessary.
I:l Table 2 - Land Use S1lII1IIlary;on page LU-50, sets forth the following land use acreage
information for the entire city, and is indicated for revisions as shown below:
Land Use - Table LU-2 - Land Use Summary Table
Proposedl
Developed Undeveloped
Designation (acres) (acres) Total Acres
Residential
Low 353.7 0.0 353.7
Medium 505.4 0.0 505.4
Hie:h ~~ 0.0 ~~
Commercial
Professional Office 16.4 0.0 16.4
Service 49.3 0.0 49.3
General ~ 8.1.8 18.0 ~ 1O.O..ll
Industrial
Light 67.0 50.0 117.0
Oil Extraction 14.6* 4.6 19.2*
Open Space
Open Space 0.0 185.0 185.0
Golf Course 156.8 0.0 156.8
Wetlands & Wildlife
Refuge 0.0 900.0 900.0
Park 65.2 0.0 65.2
School 15.3 0.0 15.3 ,
Community Facility 61.8 0.0 61.8
Military 4854.6 0.0 4854.6
GPA 06'1 &: ZC 06-1 PC SlBffReport 4fl(l Mmn.1)riv. 6
Negative Declaration 06-1, General Plan Amendment 06-1,
Zone Change 06-1 and Tentative Parcel Map 2005-257
400 Marina Drive Project
Planning Commission StqffReport
April 5, 2006
Proposedl
Developed Undeveloped
Designation (acres) (acres) Total Acres
Beach 0.0 80.3 80.3
Total 6409.6 1237.9 7647.5
"Portions of this acreage may be appropriate for residential redevelopment when oil
production uses terminate.
Staff Comments:
Revisions to this section of the General Plan Land Use Element are
necessary and are indicated above.
o Table 3 - Aggregated Land Use Categories, on pages LU-51 through LU-54 sets forth the
following land use acreage information for Planning Area 1, and for the city as a whole,
which includes the subject property, and is indicated for revisions as shown below:
Land Use - Table 3 - Aaar&aated Land Use Cateaories'
PLANNING AREA 1 (pA 1)
Land Use Category Acres % of Total
Open Space 26.8 8.0%
Residential Low Density 8.9 2.7%
Residential Medium Density 19.9 6.0%
Residential High Density ~~ 4U .4SJi%
Park 13.6 4.1%
School 1.6 0.48%
Community Facility 1.4 0.42%
Commercial- Professional Office 3.8 1.1%
Commercial- Service 9.2 2.8%
Commercial- General ~~ ~~%
Open Space Golf 0.0 0.0
lndustrial- Light 0.0 0.0
Industrial- Oil Extraction 4.6 1.4%
Military 0.0 0.0
Beach 80.3 24.3%
TOTAL 331.0 100.0%
GPA 06-1 &: ZC 06.1.PC SIBffReport.400 Mirilla Drive 7
Negative Declaration 06-1, General Plan Amendment 06-1,
Zone Change 06-1 and Tentative Parcel Map 2005-257
400 Marina Drive Project
Planning Commission Stqff Report
April 5, 2006
Land Use - Table 3 - Aggreaated land Use Cateaories (Continued)
Land Use Category Acres % of Total
CITY OF SEAL BEACH
Open Space 185.0 2.7%
Residential Low Density 353.7 5.2%
Residential Medium Density 505.4 7.5%
Residential High Density .uM 1.66.2 2.5% '
Park 55.1 0.82%
School 15.3 0.23%
Community Facility 61.8 0.92%
Commercial- Professional Office 16.4 0.24%
Commercial- Service 49.3 0.73%
Commercial- General ~1Illl..ll 1.5%
()pen Space Golf 156.8 2.3%
Industrial- Light 117.0 1.7%
Industrial- Oil Extraction 19.2 0.28%
MilitJIrY 4854.6 72.0%
Beach 80.3 1.2%
TOTAL 6737.4 100.0%
Staff Comments:
Revisions to this Table of the General Plan Land Use Element are
necessary and are indicated above. The proposed designation of
13,667 square feet from the "Commercial - General" to the
"Residential High Density" land use designation is significant
enough to change the indicated number of acres and % of the total
land area for Planning Area 1 as indicated in that portion of Table
3 for both the "Commercial - General" and the "Residential High
Density" land use category designations. For the citywide areas,
only the acreage change is indicated, as the percentage of the total
city does not change due to the small area involved.
GPA O~1 &:zc 06-1 PCSta1fRcport.400 Marina On.. 8
Negative Declaration 06-1, General PlQ1l Amendment 06-1,
Zone Change 06-1 and Tentative Parcel Map 2005-257
400 Marina Drive Project
Planning Commission StcdJ Report
April 5, 2006
o The "City of Seal Beach Land Use Map" will require a revision to indicate the requested
change as shown graphically below:
EXISTING AND PROPOSED GENERAL PLAN
LAND USE DESIGNATIONS
GPA 06-1 &: ZC 06-1.PC SIBffRoport.400 Manna Drive 9
Negative Declaration 06-1, General Plan Amendment 06-1,
Zone Change 06-1 and Tentatitle Parcel Map 2005-257
400AlarmaDrwePr~ect
Planning Commission StqffReport
April 5, 2006
Staff Comments: The indicated "Map" Revision is necessary to clearly indicate the
area of the proposed change in land use designation of 13,667
square feet from the "Commercial - General" to the "Residential
'High Density" designation.
[J The "Land Use Plan Designations" portion of the Land Use Element discusses the
"Existing High Density Residential" areas of the City, including the "Coastal Area" on
page LU-56 and states:
''The only remaining high-density area is the Coastal Area where constant
rebuilding is going on. This rebuilding can be attributed to three main
reasons: the rising cost of land, the deterioration of older structures, and the
extremely inviting beach living environment."
Staff Comments:
No Revisions to this section of the General Plan Land Use Element
are necessary.
[J The "Land Use Plan Designations" portion of the Land Use Element discusses the
"General Commercial" land use designation on page LU-63 and 64 and states:
"General Commercial Land Use
The proposed general commercial land use category is primarily a highway-
oriented commercial use for automobile service stations, automobile sales,
automobile repair, motels and hotels, restaurants, and other related uses.
Existing General Commercial Uses
Some areas are classified "General Commercial" according to the current City
ordinAnces. These are primarily auto service stations located on major
arterials. The Rossmoor Center, by current zoning classification, is considered
a general use, but in actual use it is a mixture of general and service uses.
Because of the great number of gc;meral commercial uses, the Rossmoor
Center area should remain as a general commercial classification.
Old Ranch Towne Center located along the east side of Seal Beach Boulevard
north of the San Diego Freeway provides a mixture of larger anchor retail
businesses with smaller community serving retail and service uses.
A small general commercial site is located on the west side of Seal Beach
Boulevard directly adjacent to the north of the San Diego Freeway. Existing
uses include high quality corporate and professional office and restaurant uses.
A benefit derived from this development is buffering of the Rossmoor
neighborhoods from the noise generated from a portion of the San Diego
Freeway.
GPA 06-1 &: ZC 06-l.PC StoffRcpnrt.400 Morino Dnv. 10
Negative Declaration 06-1, General Plan Amendment 06-1,
Zone Change 06-1 and Tentative Parcel Map 2005-257
400 Marina Drive Project
Pla1l1ling Commission Staff Report
April5,2006
Another existing general commercial site is the triangular parcel consisting of
3.5 acres bounded by Pacific Coast Highway, Marina Drive, and Fifth Street.
This center provides for a mix of smaller scale retail and service uses.
An area along the south side of Pacific Coast Highway is designated for
commercial use. Design standards encourage the use of compatible materials,
colors, textures, and architectural styles should also be considered for Pacific
Coast Highway because it serves as a major image-maker for the community
of Seal Beach. The County of Orange has designated Pacific Coast Highway
as an '!Urbanscape Corridor, a route that traverses an urban area with a defined
visual corridor that offers a view or attractive and exciting urban scene, and
that has recreational value for its visual relief as a result of nature or the
designed efforts of man." Additional information is provided in the
Circulation Element."
Staff Comments: No Revisions to this section of the General Plan Land Use Element
are necessary.
[J The "Implementation" portion of the Land Use Element discusses the issues of
"Rezoning" and "Existing Zoning Ordinance" on page LU-71 and states:
"Rezoning
State law requires that the City zoning map and ordinance must be in
conformance with the Land Use Element map. The intent of this law is to
ensure that as development occurs it will be in conformance with both the
zoning map and the Land Use Map. In the past, new development could be
granted a zoning change that was possibly not in accord with the General Land
Use Plan and therefore created a rather piecemeal approach to planning.
Where needed, the City of Seal Beach is planning to revise the zoning map
and ordinance to conform to the Land Use Element following the adoption of
the Land Use Element.
Existing Zoning Ordinance
As discussed previously, the zoning ordinance will have to be reviewed to
determine whether the standards and regulations are in conflict with the Land
Use Element. Where conflict arises, the zoning ordinance and map should be
revised to reflect the requirements of the Land Use Element. Areas in the
zoning ordinance and the Land Use Element may be in general agreement, but
the zoning ordinance will need to be strengthened to add support to the Land
Use Element. This type of analysis can be carried out with an in depth
GPA 06-1 &: ze 06-1.PC SIBffRoport.400 Marin. Drive 11
Negative Declaration 06-1, General Plan Amendment 06-1,
Zone Change 06-1 tmd Tentative Parcel Map 2005-257
400 Marina Dritle Project
Planning Commission StqffReport
April 5, 2006
revision of the zoning ordinance and map. Ibis revision process should
include:
1. Updated standards and development criteria.
2. Workshop sessions with elected officials and citizens to determine the
goals to be achieved.
3. Public hearings on the proposed revisions."
Staff Comments:
No Revisions to this section of the General Plan Land Use Element
are necesSBIy. The requested change to the Land Use Element and
the requested zone change will maintain consistency between these
two planning documents of the City.
Overview of Current Housinl! Element Provisions:
The Housing Element discussed the needs for different types of housing within the community,
and contains a table that sets forth land uses that is consistent with the above-discussed tables of
the land Use Element. It is necessary to amend Table 16, Acreage by General Plan Land Use
Designation, as indicated below:
Housing - Table16 - Acreage by General Plan Land Use Designations
ProposedJ
Developed Undeveloped
Designation (acres) (acres) Total Acres
Residential
Low 353.7 0.0 353.7
Medium 505.4 0.0 505.4
High ~l66.1 0.0 ~ l.66.1
Commercial
Professional Office 16.4 0.0 16.4
Service 49.3 0.0 49.3
General 3M .IIU 18.0 ~ 1.IlIl.8
Industrial
Light 67.0 50.0 117.0
Oil Extraction 14.6. 4.6 19.2.
ODen Space
ODen Space 0.0 185.0 185.0
Golf Course 156.8 0.0 156.8
Wetlands & Wildlife
Refuge 0.0 900.0 900.0
Park 65.2 0.0 65.2
School 15.3 0.0 15.3
Community Facility 61.8 0.0 61.8
Military 4854.6 0.0 4854.6
OPA 06:' &: ZC 06-1 PC ~"ffR"l""'4IJO MBrinaDri..
1~
.~
Negative Declaration 06-1, General Plan Amendment 06-1,
Zone Change 06-1 and Tentative Parcel Map 2005-257
400 Marina Dritle Project
PlaMing Commission Stqff Report
April 5, 2006
Proposedl
Developed Undeveloped
Designation (acres) (acres) Total Acres
Beach 0.0 80.3 80.3
Total 6409.6 1237.9 7647.5
.Portions of this acreage may be appropriate for residential redevelopment when oil
production uses terminate.
Staff Comments:
Revisions to this Table of the General Plan Housing Element are
necessary and are indicated above.
Please refer to Attachment 2 to review the proposed resolution regarding the requested
amendment to the Land Use Element, Land Use Map and Housing Element.
Overview of Existing Zoning Provisions and
Requested Revisions. -
o The property proposed to be changed from C-2 to RHO, District I is to be consistent with
the General Plan revision and to allow for the future construction of a 4 new single
family residences in conformance with the current Zoning Ordinance development
standards that are applicable to the subject property. The total area of the proposed
residential parcels is 13,667 square feet.
o The existing 13,667 square foot C-2 zoned property has been developed for
approximately 50 years with a legal, non-conforming, single-story, multi-unit apartment
building. The proposed use of the property is 4 ne,:" single-f~ly residences.
o This revision is necessary in order to comply with the consistency provisions of State law
regarding General Plans and Zoning Map and Ordinances, assuming the proposed
General Plan Land Use and Housing Element Amendments are ultimately approved by
the City Council.
o The "City of Seal Beach Zoning Map" will require a revision to indicate the requested
change as shown graphically below:
GPA OS-I &: zc 06-I.PC SIBffReport.400 Marin. Drive 13
Negative Declaration 06-1, General Plan Amendment 06-1,
Zone Change 06-1 and Tentative Parcel Map 200;-257
400 Marina Drive Project
Planning Commission Stqff Report
April 5, 2006
EXISTING AND PROPOSED
ZONING MAP DESIGNATIONS
o
.
2DO
.
Zoning
(]])> COIIllllO_l...lhuDU lP1)
e COlI II' 1C.I..OuUII lP-4)
. '1blbLlldUu/RItIClllatDI flLUfR)
_ "UlClel'tllIH~' DUIIl((RHD)
@ RutlltUIlLOIIt DU!V (RLD~E11:1)
o Please refer to Attachment 3 to review the proposed resolution regarding the proposed
zone change request.
Overview of Tentative Parcel Map Request
o Tentative Parcel Map 2005-257 has been submitted by Schwendener Corporation to
create the separate parcels as has been described above for the proposed General Plan
Land Use Amendment and the requested zone change from C-2 to RHO, District I zoning
GPA~:! & ZC 06-1.PC St!f!'Report.400 ~.13r'..".aD:h,:
..
...
Negatitle Declaration 06-1, General Plan Amendment 06-1,
Zone Change 06-1 and Tentative Parcel Map 2005-257
400 Marina Drive Project
Pla1l1ling Commission StqffReport
April 5, 2006
for the subject 13,667 square foot property. The minimum lot size in the RHD, District I
Zone is 25' x 100', and a minimum lot size of2,500 square feet.
o Government 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 The proposed Tentative Parcel Map 2005-257 is consistent with the General Plan and
zoning map, as proposed to be amended by the previous land use entitlement requests
discussed above for an amendment to the Land Use Map of the Land Use Element of the
General Plan and an amendment to the Zoning Map of the City.
o In determining to approve the subject Tentative Parcel Map, the City must ultimately
make fincl;ngs 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:
If the City determines to amend the General Plan as requested,
the subdivision would be consistent with the General Plan and
the Zoning Ordinance provisions of the City.
Cl The site is physically suited for the proposed type of density of development.
Staff Comment:
The proposed development complies with all existing land use
development standards for the requested Residential High
Density, District I standards of the City.
o 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 fmdings 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 06-1 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.
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.
GPA 06-1 &:ZC O6-I.PC SIBffRcpcxt.400 MorinaDrivc IS
Negatitle Declaration 06-1, General Plan Amendment 06-1,
Zone Change 06-1 and Tentative Parcel Map 2005-257
400 Marina Drive Project
Planning Commission Stqff Report
April 5, 2006
Staff Comment:
There are no existing public easements for access through the
properties under consideration of the subject requests.
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 2005-257.
Please refer to Attachment 4 to review the proposed resolution regarding the requested Tentative
Parcel Map 2005-257, including the recommended conditions of approval, and refer to
Attachment 6 te review Tentative Parcel Map 2005-257 as submitted by Schwendener
Corporation.
Overview of Proposed Development Plan
The actual development plans for the property are not subject to any discretionary approvals by
the City, as the proposed development would comply with all of the zoning development
standards for properties within the Residential High Density, District I Zoning Standards.
The proposed homes on the three 25-foot wide lots are of a similar design, with the plans being
"flipped" and provided with different exterior elevations and exterior building materials to
achieve a diversity of the designs. All three of these homes are located on lots having 2,937.5
square feet (25' x 117.5') and the homes are 2,863 square feet in size, with an attached 2 car
garage comprising approximately an additional 450 square feet. Each of these homes has an
exterior courtyard area of approximately 165 square feet provided adjacent to the family room.
The first floor contains the attached 24' x 18'-10" garage and 1,148 square feet of living area,
The first floor comprises the main living area of the residence, including the living room/dining
room area (approximately 317 square feet), kitchen/family room area (approximately 516 square
feet), a powder room and an exterior courtyard area (approximately 165 square feet). The second
floor comprises the master bedroom area, 2 bec!rooms and a denlbedroom option area, a "tech
center", a secondary full bathroom and a laundry room. The master bedroom includes the master
bedroom, master bath and closet, comprising approximately 500 square feet The secondary
bedrooms and the denlbedroom room are approximately 150 square feet in area. The secondary
bathroom is approximately 55 square feet and the laundry room is approximately 64 square feet
in area.
All of these residences are approximately 24'-7" in height (25'-0" is allowed), and comply with
all setback and lot coverage requirements of the City. The residences have exterior finishes of
either "Hardi-Plank" lap siding with wood trim around all windows and a tile roof or stucco with
plaster foam trim and fascias and a tile roof. The front elevations of all three homes are different,
with 2 of these units having front porches.
GPA n.,:\ ~ lC o,,"u'(' St8!f1'.eport.400 Ml!r'..!Iao,.;.. 15
Negative Declaration 06-1, General Plan Amendment 06-1.
Zone Change 06-1 and Tentative Parcel Map 2005-257
400 Marina Dritle Project
Planning Commission StqffReport
April 5, 2006
The residence adjacent to Marina Drive is a custom design due to the triangular shape of this lot.
The overall lot size is of this home is 4,854 square feet. As indicated above, due to shape and
configuration of this lot, it is considered to be a lot with at least a 37.5 foot width, thereby
allowing for the ability to provide a 3-story design for the home on the rear Y. of the lot and a
maximum height of 35 feet The proposed residence is a 2-story structure having roof heights
not more than 25 feet on the front 68 feet of the lot and not more than 26 feet on the rear 49 feet
of the lot The proposed residence comprises 3,142 square feet of living area and an attached 3-
car garage of approximately 610 square feet.
The first floor contains the attached 3-car garage and 1,660 square feet of living area. The first
floor comprises the main living area of the residence, including the entry foyer/living
room/dining room area (approximately 430 square feet), kitchen/nook/family room area
(approximately 737 square feet), a guest bedroom (140 square feet), a full bath (45 square feet),
a powder room (25 square feet), a semi-private front yard patio area (approximately 358 square
feet enclosed with a 3-foot high wall off of the living room), and an exterior private courtyard
area (approximately 300 square feet enclosed by a 6-foot high wall along the side yard off of the
nook and guest bedroom). The second floor comprises the master bedroom/sitting area, 2
bedrooms, a "tech center", a secondary full bathroom and a laundry room. The ares above the
downstairs family room is open, creating a volume ceiling in the family room that is 2-stories in
height. The master bedroom includes the master bedroom, sitting area, and master baths and
closets, comprising approximately 667 square feet. The secondary bedrooms are approximately
160 square feet in area. The secondary bathroom is approximately 60 square feet and the laundry
room is approximately 44 square feet in area.
As indicated above, this residence has varying roofline heights that comply with standards of the
City. The front portion of the residence has roofline maximum heights between 23 feet and 24'-
6" (25'-0" is allowed), with a portion of the roofline between 68' and 83' from the front prope,rty
line, located on the ear Y. of the lot, being 26 feet in height (35' -0" is allowed),
This residence also complies with all setback and lot coverage requirements of the City. This
residence has an exterior finish of stucco with plaster foam trim and fascias and a tile roof.
Please refer to Attachment 5 to review the individual plans for each residence and an elevation of
the four proposed homes viewed from across Forth Street.
I RECOMMENDATION I
Staff recommends that after receiving both written and oral testimony presented during the public
hearing, the Commission recommend approval by the City Council of:
GPA 06-1 &: ZC 06-1 ,PC SIBffReport400 Marina Drive 17
Negative Declaration 06-1, General Plan Amendment 06-1,
Zone Change 06-1 and Tentative Parcel Map 2005-257
400 Marina Drive Project
Planning Commission Stqff Report
April 5. 2006
[J Mitigated Negative Declaration 06-1, determining to adopt certain "Mitigation Measures"
to reduce environmental impacts identified as "Less Than Significant With Mitigation
Incorporated".
[J General Plan Amendment 06-1 - A request to amend the Land Use and Housing
Elements of General Plan to designate a 13,667 square foot, 0.31.acre, property from
Commercial General to Residential High Density.
[J Zone Change 06-1 - A request to change the zoning designation on the subject property
from General Commercial (C-2) to Residential Low Density (RHD), District I to be
consistent with the General Plan revision.
[J Tentative Parcel Map 2005-257 - A request to create 4 parcels on the approximately 0.31
acre subject property, with a m;n;mum parcel size of2,937.5 square feet.
Should the Commission follow Staff's recommendation, Staff has prepared appropriate
resolutions for consideration by the Planning Commission. Please refer to Attachments 1
through 4, respectively.
Attachments: (8)
Attachment 1:
Attachment 2:
Attachment 3:
Proposed Planning Commission Resolution 06-17, A Resolution of
the Planning Commission of the City of Seal Beach
Recommending to the City Council Adoption of Mitigated
Negative Declaration 06-1, 400 Marina Drive Project
Proposed Planning 'Commission Resolution 06-3, A Resolution of
the Planning Commission of the City of Seal Beach
Recommending to the City Council Approval of General Plan
Amendment 06-1,. Amending the Land Use and Housing Elements
(400 Marina Drive Project)
Resolution Number 06-4, A Resolution of the Planning
Commission of the City of Seal Beach Recommending to the City
Council Approval of Zone Change 06-1, Changing the Zoning
Designation from General Commercial (C-2) to Residential High
Density (RHD), District I, at 400 Marina Drive
GPj\ ~1 8; lC 06-1 P(' StBffReport 400 ~.o!ar.r2. Drl..~ 18
Attachment 4:
Attachment 5:
Attachment 6:
Attachment 7:
Attachment 8:
Negative Declaration 06-1, General Plan Amendment 06-1,
Zone Change 06-1 and Tentative Parcel Map 2005-257
400 Marina Drive Project
Planning Commission Stqff Report
April 5, 2006
Resolution Number 06-2, A Resolution of the pIRnn;ng
Commission of the City of Seal Beach Recommending to the City
Council Approval of Tentative Parcel Map 2005-257
Proposed Development Plans
Tentative Parcel Map 2005-257
"Initial StudylMitigated Negative Declaration 06-1, General Plan
Amendment 06-1, Zone Change 06-1 and Tentative Parcel Map
2005-257 - 400 Marina Drive Project", dated February 22, 2006.
Note: Previously provided to the Planning Commission, City
Council, and public libraries. Not provided as part of this staff
report due to length. Copies are available at the Department of
Development Services and will be available at the public hearing
"Responses to Comments for Initial Study/Negative Declaration
06-1, General Plan Amendment 06-1, Zone Change 06-1 and
Tentative Parcel Map 2005-257 - 400 Marina Drive Project", dated
March 31, 2006
Note: Previously provided to the Planning Commission, City
Council, and public libraries. Not provided as part of this staff
report due to length. Copies are available at the Department of
Development Services and will be available at the public hearing
GPA 06-1 &: ZC 06-1 PC SIBffR<pon.400 Morina Drive 19
Negative Declaration 06-1. General Plan Amendment 06-1,
Zone Change 06-1 and Tentative Parcel Map 2005-257
400 Marina Drive Project
Pla1l7ling Commission StqffRepon
April 5, 2006
ATTACHMENT 1
RESOLUTION NO. 06 - 17, A RESOLUTION OF
TIm PLANNING COMMISSION OF THE CITY OF
SEAL BEACH RECOMMENDING TO THE CITY
COUNCIL ADOPTION OF MITIGATED
NEGATIVE DECLARATION 06-1, 400 MARINA
DRIVE PROJECT
GPA 06-1 &: ZC 06-I.PC Staff Report 400 Marina Dnve 20
Negative Declaration 06-1, General Plan Amendment 06-1,
Zone Change 06-1 and Tentative Parcel Map 2005-257
400 Marina Drive Project
Planning Commission Staff Report
April 5, 2006
RESOLUTION NO. 06 - 17
A RESOLUTION OF THE PLANNING COMMISSION
OF TIIE CITY OF SEAL BEACH RECOMMENDING
TO THE CITY COUNCIL ADOPTION OF
MITIGATED NEGATIVE DECLARATION 06-1, 400
MARINA DRIVE PROJECT
WHEREAS, on. November 21, 2005 Schwendener Corporation submitted requests for a
General Plan Amendment, Zone Change and Tentative Parcel Map with the
Department of Development Services; and
WHEREAS, The proposed project seeks approval of the following actions, as requested by
Schwendener Corporation:
CJ Amend the Land Use and Housing Elements of General Plan to designate
a 13,667 square foot, 0.31.acre, property from Commercial General to
Residential High Density;
CJ Change the zoning designation on this parcel from General Commercial
(C-2) to Residential High Density (RHO), District I to be consistent with
the General Plan revision;
CJ Approve Tentative Parcel Map 2005-257 to create 4 parcels on the
approximately 0.31 acres, with a minimum parcel size of 2,937.5 square
feet; and
WHEREAS, the City has prepared "Proposed Initial StudylMitigated Negative Declaration 06-1,
General Plan Amendment 06-1, Zone Change 06-1 and Tentative Parcel Map 2005-
257 - 400 Marina Drive Project" (SCH # 2006021131) as required by the
Califomia Environmental Quality Act (CEQA); and
WHEREAS, the comment period on Mitigated Negative Declaration 05-2 ended on March 27,
2006. The City received 6 responses to the Mitigated Negative Declaration; and
WHEREAS the City prepared a "Response to Comments" document determining that all issues
raised during the public comment period have been evaluated and no significant
impacts have been raised; and
WHEREAS, a duly noticed public hearing was held by the Planning Commission on AprilS,
2006 to consider Mitigated Negative Declaration 06-1 and the requested General
Plan Amendment 06-1, Zone Change 06-1 and Tentative Parcel Map 2005-257;
and
GPA O~1 '" ZC 06-1.PC StaffReport.400 MIllDaDrive 21
Negative Declaration 06-1, General Plan Amendment 06-1,
Zone Change 06-1 and Tentative Parcel Map 2005-257
400 Marina Drive Project
Planning Commission Staff Report
April 5, 2006
WHEREAS, the Planning Commission received into evidence the Staff Report of April 5, 2006,
along with all attachments thereto, and considered all public testimony presented;
and
WHEREAS, based on the information contained in the public record, the Planning Commission
made the following findings regarding Mitigated Negative Declaration 06-1:
1. Proposed Mitigated Negative Declaration 06-1 adequately discloses the potential
environmental impacts of proposed General Plan Amendment 06-1, Zone
Change 06-1 and Tentative Parcel Map 2005-257, and no substantial adverse
: environmental impacts will result upon the approval of the subject project, with
implementation of the mitigation measures set forth in the Mitigated Negative
Declaration.
2. The proposed project is consistent with the Land Use Element of the City of
Seal Beach General Plan as it is proposed to be amended by General Plan
Amendment 06-1. The adopted "Land Use Elemenf' map is proposed to be
amended to be consistent with the project evaluated in the subject Mitigated
Negative Declaration.
3. The proposed project is also consistent with the language of the Land Use
Element of the City of Seal Beach General Plan, as is noted in the Staff Report,
dated April 5, 2006.
NOW, TIIEREFORE BE IT RESOLVED that based upon the foregoing, the Planning
Commission hereby recommends that the City Council Adopt Mitigated Negative Declaration
No. 06-1, subject to imposition of the following Mitigation Measures, as set forth in Section 6.0
of Mitigated Negative Declaration 06-1:
CULTURAL RESOURCES:
CUL-l
An archaeologist and a Native American Monitor appointed by the City of Seal Beach
shall be present during earth removal or disturbance activities related to rough grading
and other excavation for foundations and utilities. If any earth removal or disturbance
activities result in the discovery of cultural resources, the Project proponent's
contractors shall cease all earth removal or disturbance activities in the vicinity and
immediately notify the City selected archaeologist and/or Native American Monitor,
who shall immediately notify the Director of Development Services. The City
selected archaeologist shall evaluate all potential cultural findings in accordance with
standard practice, the requirements of the City of Seal Beach Archaeological and
Historical Element, and other applicable regulations. Consultation with the Native
American Monitor, the Native American Heritage Commission and data/artifact
recovery, if deemed appropriate, shall be conducted.
GPA 06:'1 & ZC 06-!.PC Steff'P_~ort.400 M::rina Dr....e 22
Negative Declaration 06-1, General Plan Amendment 06-1,
Zone Change 06-1 and Tentative Parcel Map 2005-257
400 Marina Drive Project
Planning Commission Staff Report
April 5, 2006
CUL-2 If evidence of subsurface paleontologic resources is found during construction,
excavation and other construction activity in that area shall cease and the contractor
shall contact the City Development Services Department. With direction from the
City Development Services Department, an Orange County Certified Paleontologist
shall prepare and complete a standard Paleontologic Resource Mitigation Program.
CUL-3 Should any human bone be encountered during any earth removal or disturbance
activities, all activity shall cease immediately and the City selected archaeologist and
Native American monitor shall be immediately contacted, who shall then immediately
notify the Director of Development Services. The Director of Development Services
shall contact the Coroner pursuant to Sections 5097.98 and 5097.99 of the Public
Resources Code relative to Native American remains. Should the Coroner determine
the human remains to be Native American, the Native American Heritage
Commission shall be contacted pursuant to Public Resources Code Section 5097.98.
CUL-4 If more than one Native American burial is encountered during any earth removal or
disturbance activities, a "Mitigation Plan" shall be prepared and subject to approval
by the City of Seal Beach Community Development Department and the California
Coastal Commission. The Mitigation Plan shall include the following procedures:
Continued Native American Monitoriml
· All ground disturbance in any portions of the proj ect area with the potential to
contain human remains or other cultural material shall be monitored by a Native
American representative of the MLD. Activities to be monitored shall include all
construction grading, controlled grading, and hand excavation of previously
undisturbed deposit, with the exception of contexts that are clearly within
undisturbed soil profiles.
. Exposure and removal of each burial shall be monitored by a Native American.
Where burials are clustered and immediately adjacent, one monitor is sufficient
for excavation of two adjoining burials.
· Excavation of test units shall be monitored. Simultaneous excavation of two test
units ifless than 20 feet apart may be monitored by a single Native American.
· If screening of soil associated with burials or test units is done concurrently with
and adjacent to the burial or test unit, the Native American responsible for that
burial or test unit will also monitor the screening. If the screening is done at
another location, a separate monitor shall be required.
· All mechanical excavation conducted in deposits that may contain human remains
(i.e., all areas not completely within undisturbed soil profiles) shall be monitored
by a Native American.
GPA 06-1 '" ZC 06-1 PC StaffReporl400 Morin. Drive 23
Negative Declaration 06-1, General Plan Amendment 06-1,
Zone Change 06-1 and Tentative Parcel Map 2005-257
400 Marina Drive Project
Planning Commission Staff Report
April S, 2006
Notification Procedures for New Discoveries
. When possible burials are identified during monitoring of mechanical excavation,
or excavation of test units, the excavation shall be temporarily halted while the
find is assessed in consultation with the lead field archaeologist. If the find is
made during mechanical excavation, the archaeologist or Native American
monitoring the activity shall have the authority to direct the equipment operator to
stop while the find is assessed. If it is determined that the find does not constitute
a burial, the mechanical excavation shall continue.
. If the find is determined to be a human burial, the lead archaeologist shall
i=ediately notify the Site Supervisor for the developer, as well as the Principal
Investigator. The Principal Investigator shall immediately notify the MLD and the
Director of Development Services for the City of Seal Beach. The City shall
provide the Coastal Commission with weekly updates describing any such finds in
writing. . . .
Identification of Additional Burials
. For all discovered human burials, attempts shall continue to be made to locate
additional burials nearby through hand excavation techniques. This shall be done
through the excavation of 1 x 1 m exploratory test units (ETUs) placed along
transects extending radially from each identified burial or burial cluster. The
spacing of the ETUs shall be determined upon consultation with the Project
Archaeologist and the MLD. The radial transects shall be designed to test areas
within 50 feet (15 m) from the edge of each burial or burial cluster. Excavation of
these units shall be limited to areas containing intact cultural deposit (i.e., areas
that have not been graded to the underlying undisturbed soil profiles) and shall be
excavated until the undisturbed soil profiles are encountered, or to the excavation
depth required for the approved grading plan. The soil from the ETUs along the
radial transects shall be screened only ifhuman remains are found in that unit.
. Controlled grading shall be conducted within these 50-foot heightened
investigation areas with a wheeled motor grader. The motor grader shall use an
angled blade that excavates 1 to 2 inches at a pass, pushing the soil to the side to
form a low windrow. Monitors shall follow about 20 feet behind the motor
grader, examining the ground for evidence of burials.
. When a burial is identified during controlled grading, the soil in windrows that
may contain fragments of bone from that burial shall be screened. At a minimum
this shall include the soil in the windrow within 50 feet of the burial in the
direction of the grading.
GPA 015:! !: zc OlS-!.PC StrlffR.cport.4CO ~f;rUUl Drh-; 24
Negative Declaration 06-1, General Plan Amendment 06-1,
Zone Change 06-1 and Tentative Parcel Map 2005-257
400 Marina Drive Project
Planning Commission Staff Report
April 5, 2006
. If additional burials are found during controlled grading, additional ETUs will be
hand excavated in the radial patterns described above.
Burial Removal and Storage
. Consultation with the MLD shall occur regarding the treatment of discovered
human burials. If the MLD determines it is appropriate to have discovered human
remains pedestaled for removal, that activity shall be conducted in a method
agreed to by the MLD.
. After pedestaling or other agreed upon burial removal program is completed, the
top of a burial shall be covered with paper towels to act as a cushion, and then a
heavy ply plastic will be placed over the top to retain surface moisture. Duct tape
shall be wrapped around the entire pedestal, securing the plastic bag and
supporting the pedestal. Labels shall be placed on the plastic indicating the burial
number and the direction of true north in relation to the individual burial.
Sections ofrebar shall be hammered across the bottom of the pedestal and parallel
to the ground. When a number of parallel rebar sections have been placed this
way, they shall be lifted simultaneously, cracking the pedestal loose from the
ground. The pedestal shall then be pushed onto a thick plywood board and lifted
onto a pallet. A forklift shall carry the pallet to a secure storage area or secure
storage containers located on the subject property.
. If another agreed upon burial removal program is utilized, that method shall be
carried out in a manner agreed upon after consultation with the MLD and
concurrence by the California Coastal Commission.
Studv of Burial Remains
. If the burials are removed in pedestal and are incompletely exposed, osteological
studies are necessarily limited to determination (if possible) of age, sex, position,
orientation, and trauma or pathology. After consultation, and only upon written
agreement by the MLD, additional studies that are destructive to the remains may
be undertaken, including radiocarbon dating of bone or DNA studies. If the MLD
determines that only non-destructive additional studies may be allow~d, one shell
may be removed from each burial and submitted for radiocarbon dating. The
assumption here is that the shell would have been part of the fill for the burial pit,
and therefore would provide a maximum age for the burial.
. The MLD may indicate a willingness to consider some additional exposure and
study of the skeletal material removed from the sites. Such study would not
involve removal of the remains from the project area, but rather would be
undertaken near the storage area. To the extent allowed by the MLD, the bones
would be further exposed within the existing pedestals or other medium
GPA 06-1 '" ZC 06-1 PC StaffReport.400 Marina Drive 2S
Negative Declaration 06-1, General Plan Amendment 06-1,
Zone Change 06-1 (lnd Tentative Parcel Map 2005-257
400 Marina Drive Project
Planning Commission Staff Report
April 5, 2006
containing the human remains and additional measurements taken. Consultation
with the MLD regarding the feasibility of these additional studies prior to reburial
would occur.
Rcoatriation of Burials and Associated Artifacts
. Once all portions of the project area have been graded to the underlying culturally
sterile marine terrace deposits, or to the excavation depth required for the
approved grading plan, the repatriation process shall be initiated for all recovered
human remains and associated artifacts. Once a reburial site has been identified
and prepared, the remains and associated artifacts shall be transported from the
secure storage area to the site for reburial. Appropriate ceremony will be
undertaken during this process at the discretion of the MLD.
Additional Studies
. Considerable additional data relating to regional research issues may be uncovered
if substantial numbers of human burials and other archaeological features are
encountered during the construction monitoring for the development. If this
occurs, additional analysis shall be conducted. The analysis shall be designed to
more completely address the research issues discussed in the approved "Research
Design," and to provide additional mitigation of impacts to the sites in light of the
new finds. The following studies would be potentially applicable:
o Radiocarbon Dating. In considering the implications of the burials in
interpreting site use and regional settlement, it is critical to assess the time
range represented by the interments. Do they correspond to the full temporal
range of site use, or only a limited timeframe? Although direct dating of the
bones may not be possible due to the destructive nature of the radiocarbon
technique, the MLD may approve the removal of a single shell from the
interior of each burial for dating. Although this shall not provide a direct date
of the burial, assuming the shell was part of the burial fill it should provide a
maximum age (that is, the burial should not be older than the shell). In
addition, an equivalent number of additional samples from non-burial contexts
would also be taken for comparati:ve purposes. These data would provide a
more secure measure of the intensity of occupation during different periods.
o Sediment Cores. Dating results obtained to date on the Hellman RancblJohn
Laing Homes properties may suggest a possible link between the use of the
sites within the project area and the productivity of the adjacent lagoon and
estuary systems. To assess this link using independent environmental data on
the subject property, two sediment cores will be taken from suitable locations
of the property. Sediments in the cores shall be examined and described in the
field by a geologist, and samples collected for dating and pollen analysis.
GPA06-I,!; ze ll!!.l.pc SW!'Rop""_100 M.dn. Dri-,. 26
Negative Declaration 06-/. General Plan Amendment 06-1,
Zone Change 06-1 and Tentative Parcel Map 2005-257
400 Marina Drive Project
Planning Commission Stq/f Report
April 5, 2006
These data shall then be used to help reconstruct the habitats present on the
property during the periods the sites were occupied. This analysis shall be
included in the final report documenting the testing, data recovery, and
construction monitoring phases of this investigation.
o Comparative Studies. The substantial assemblage of artifacts recovered
during the monitoring on the Hellman Ranch/John Laing Homes properties
provides a basis for comparison with other sites and shall contribute to an
understanding of regional patterns. This analysis shall be included in the final
report (see below).
o Animal Interments. Animal interments may be discovered within the project
area. Because these are not human remains, somewhat more intensive study is
possible. Because these features are uncommon and represent very culture-
specific religious practices, they are useful in reconstructing cultural areas
during certain times in prehistory. Analysis of animal interments will include:
(1) exposure to determine burial position; (2) photo documentation;' (3)
examination of skeleton for age/sex; traumatic injury, pathology, butchering,
or other cultural modification; (4) radiocarbon dating; and (5) examination of
grave dirt for evidence of grave goods or stomach contents.
Curation
. Cultural materials recovered from the cultural resources monitoring and
mitigation program for the development shall be curated either at an appropriate
facility in Orange County, or, in consultation with the City, at the San Diego
Archaeological Center.
Prenaration of Final Reoort
. The final technical report shall be prepared and submitted to the City and the
California Coastal Commission within 12 months of the completion of the
archeological field work. The report shall conform to the guidelines developed by
the California Office of Historic Preservation for Archaeological Resource
Management Reports (ARMR). It will be prepared in sufficient quantity to
distribute to interested regional researchers and Native American groups. It shall
thoroughly document and synthesize all of the findings from all phases of the
cultural resources.program. Funding shall be provided by the landowner.
GEOLOGY AND SOILS:
GEO-l
Engineering design for all structures shall be based on the probability that the Project
area will be subjected to strong ground motion during the lifetime of development.
GPA 06-1 '" ZC 06-1.PC StaffReport.400 Morin. Drive 27
. Negalive Declaration 06-1, General Plan Amendment 06-1,
Zone Change 06-1 and Tentative Parcel Map 2005-257
400 Marina Drive Project
Planning Commission Staff Report
April 5, 2006
Construction plans shall be subject to the City of Seal Beach Municipal Code and
shall include applicable standards, which address seismic design parameters.
GEO-2 Mitigation of earthquake ground shaking shall be incorporated into design and
construction in accordance with Uniform Building Code requirements and site
specific design. The Newport-Inglewood fault shall be considered the seismic source
for the Project site and specified design parameters shall be used.
GEO-3 The potential damaging effects of regional earthquake activity shall be considered in
the design of each structure. The preliminary seismic evaluation shall be based on
basic data including the Uniform Building Code Seismic Parameters and the geo-
technical site-specific report prepared for the Project. Structural design criteria shall
be determined in the consideration of building types, occupancy category, seismic
importance factors, and possibly other factors.
GEO-4 Conformance with the latest Uniform Building Code and City Ordinances can be
expected to satisfactorily mitigate the effect of seismic ground ~h"ldng. Conformance
with applicable codes and ordinances shall occur in conjunction with the issuance of
building permits in order to insure that over excavation of soft, broken rock and
clayey soils within sheared zones will be required where development is planned.
GEO-5 The project proponent shall incorporate measures to mitigate expansive soil
conditions, compressible/collapsible soil conditions and liquefaction soil conditions,
and impacts from trenching, which measures would be identi:tied in site-specific
reports prepared by the project's geotechnical consultant. Recommendations shall be
based on surface and subsurface mapping, laboratory testing, and analysis. The
geotechnical consultant's site specific reports shall be approved by a certified
engineering geologist and a registered civil engineer, and shall be completed to the
satisfaction of the City Engineer. Project applicant shall reimburse City costs of
independent third-party review of said geotechnical report.
GEO-6 Loose and soft alluvial soils, expansive clay soils, and all existing uncerti:tied :till
materials shall be removed and repl~ced with compacted fill during site grading in
order to prevent seismic settlement, soil expansion, and differential compaction.
GEO-7 All surfaces to receive compacted :till shall be cleared of existing vegetation, debris,
and other unsuitable materials which should be removed from the site. Soils that are
disturbed during site clearing shall be removed and replaced as controlled compacted
:till under the direction of the Soils Engineer.
GEO-8 All grading procedures, including soil excavation and compaction, the placement of
back:ti.1l, and temporary excavation shall comply with City of Seal Beach Standards.
GPA 06-1 "Ie 1J6-!.PC StaffRepcrt.400 Marin: Drive 28
Negative Declaration 06-1, General Plan Amendment 06-1,
Zone Change 06-1 and Tentative Parcel Map 2005-257
400 Marina Drive Project
Planning Commission Staff Report
April 5, 2006
GEO-9 Graded but undeveloped land shall be maintained weed-free and planted with interim
landscaping within ninety (90) days of completion of grading, unless building permits
are obtained. Planting with interim landscaping shall comply with NPDES Best
Management Practices.
GEO-I0 As soon as possible following the completion of grading activities, exposed soils shall
be seeded or vegetated with a seed mix and/or native vegetation to ensure soil
stabilization.
GEO-ll Precise grading plans shall include an Erosion, Siltation, and Dust Control Plan. The
Plan'!lprovisions may include sand bagging, soil compaction, revegetation, temporary
irrigation, scheduling and time limits on grading activities, and construction
equipment restrictions on-site. This plan shall also demonstrate compliance with
South Coast Air Quality Management District Rule 403, which regulates fugitive dust
control.
HAZARDS AND HAZARDOUS MATERIALS:
HAZ-l The Project proponent shall provide to the Director of Development Services
documentation from the Orange County Airport Land Use Commission as to the
compliance of the proposed project with the "Airport Environs Land Use Plan for
Joint Forces Training Base Los Alamitos". Issuance of building permits shall not
occur until said compliance notification is received by the Director of Development
Services.
HYDROLOGY AND WATER QUALITY:
HYDl
HYD2
Prior to the issuance of the first grading or building permit, a comprehensive Water
Quality Management Plan (WQMP) shall be prepared by a registered civil engineer or
a registered professional hydrologist to protect water resources from impacts due to
urban contaminants in surface water runoff. The WQMP shall be prepared in
coordination with the Regional Water Quality Control Board, Orange County, the
City of Seal Beach, and the California Coastal Commission to insure compliance with
applicable National Pollutant Discharge Elimination System (NPDES) permit
requirements. The WQMP shall include a combination of structural and non-
structural Best Management Practices (BMPs) as outlined in the Countywide NPDES
Drainage Area Management Plan. Project applicant shall reimburse City costs of
independent third-party review of said Water Quality Management Plan.
The amount of sediment movement during construction will be minimized by the use
ofNPDES BMP's, including, but not limited to, sandbags, silt fences, straw bales and
rock check darns. The construction and condition of the BMP's will be periodically
inspected during construction and repairs will be made, when necessary, as required
by the NPDES.
GPA 06-1 '" ZC 06-I.PC StaffReport.400 Marina Drive 29
Negative Declaration 06-1, General Plan Amendment 06-1,
Zone Change 06-1 and Tentative Parcel Map 2005-257
400 Marina Drive Project
Planning Commission Staff Report
April 5, 2006
HYD3
The project is required to meet Stormwater Management regulations of the City of
Seal Beach as set forth in Chapter 9.20, Storm Water Management Program. A copy
of the Storm Water Pollution Prevention Plan (SWPPP) if required, and a Monitoring
Plan shall be submitted to the City Engineer a minimum of thirty (30) days prior to
commencing grading operations for approval. A Grading Permit shall not be issued
by the Building Department or Public Works Department until the SWPPP has been
approved by the City Engineer.
The SWPPP shall emphasize structural and non-structural Best Management Practices
(BMPs) in compliance with NPDES Program requirements. Specific measures shall
include:
CJ All loose piles of soil, silt, clay, sand, debris, or other earthen materials shall be
protected in a reasonable manner to eliminate any discharge to waters of the State.
CJ During construction, temporary gravel or sandbag containment walls shall be used
as necessary to prevent discharge of earthen materials from the site during periods
. of precipitation or runoff. .. .
NOISE:
N-l Prior to commencement of construction activities, notice shall be provided to
surrounding residents within a 500-foot distance of the project site, regarding
anticipated construction activity dates and times when substantial noise is anticipated
to occur. Prior to distribution, the notice shall be reviewed and approved by the
Director of Development Services.
N.2 To reduce construction-related noise impacts, construction shall be limited to periods
of reduced noise sensitivity and thus reduce sleep disturbance and other noise
nuisance potential. Pursuant to the City's Noise Ordinance, the construction
contractor shall ensure. that general construction activities (which includes
construction vehicle staging and idling engines) be conducted only between the hours
of 7:00 a.m. and 8:00 p.m. on weekdays, between 8:00 a.m. and 8:00 p.m. on
Saturday, and do not take place at any time on Sunday or local, State, or Federal
holidays.
N-3 Prior to Building/Grading Permit issuance, the Building/Grading Plans shall be
reviewed and approved by the Planning Department to ensure compliance with the
following:
CJ All construction equipment, fixed or mobile, shall be equipped with properly
operating and maintained mufflers, to the satisfaction of the Building Official;
CJ During construction, stationary construction equipment shall be placed such that
emitted noise is directed away from sensitive noise receptors, to the satisfaction of
the Building Official; and
GPA 06:1 &: Ie IJ6..1_pC St:f!P..cpcrt,10Q M::z.";.:"oil Dr..Y; 30
Negative Declaration 06-1, General Plan Amendment 06-1,
Zone Change 06-1 and Tentative Parcel Map 2005-257
400 Marina Drive Project
Planning Commission Staff Report
April 5, 2006
CJ During construction and to the satisfaction of the Building Official, stockpiling
and vehicle staging areas shall be located as far as practical from noise sensitive
receptors.
N-4 All construction-related noises will cease upon completion of the project.
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: Commissioners
ABSTAIN: Commissioners
Chainnan
Planning Commission
Lee Whittenberg, Secretary
Planning Commission
GPA Oli-I '" zc 06-1.PC StaffReporl400 Marina Drive 31
Negative Declaration 06-1, General Plan Amendment 06-1,
Zone Change 06-1 and Tentative Parcel Map 2005-257
400 Marina Drive Project
Planning Commission Staff Report
April 5, 2006
ATTACHMENT 2
RESOLUTION NO. 06 - 3, A RESOLUTION OF
THE PLANNING COMMISSION OF THE CITY OF
SEAL BEACH RECOMMENDING TO THE CITY
COUNCIL APPROVAL OF GENERAL PLAN
AMENDMENT 06-1, AMENDING THE LAND USE
AND HOUSING ELEMENTS (400 MARINA DRIVE
PROJECT)
GPA 06,1 '" ZC 06-l.PC SlalTReport.400 Marina Drive 32
Negative Declaration 06-1, General Plan Amendment 06-1,
Zone Change 06-1 and Tentative Parcel Map 2005-257
400 Marina Drive Project
Planning Commission Staff Report
April 5, 2006
RESOLUTION NO. 06 - 3.
A RESOLUTION OF THE PLANNING COMMISSION
OF TIIE CITY OF SEAL BEACH RECOMMENDING
TO TIIE CITY COUNCIL APPROVAL OF GENERAL
PLAN AMENDMENT 06-1, AMENDING THE LAND
USE AND HOUSING ELEMENTS (400 MARINA
DRIVE PROJECT)
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY RESOL VB:
Section 1. On November 21, 2005 Schwendener Corporation submitted
requests for a General Plan Amendment, Zone Change and Tentative Parcel Map with the
Department of Development Services.
Section 2. The proposed project seeks approval of the following actions, as
requested by Schwendener Corporation:
CJ Amend the Land Use and Housing Elements of General Plan to designate
a 13,667 square foot, 0.31.acre, property from Commercial General to Residential High Density;
CJ Change the zoning designation on this parcel from General Commercial
(C-2) to Residential High Density (RHO), District I to be consistent with the General Plan
revision;
CJ Approve Tentative Parcel Map 2005-257 to create 4 parcels on the
approximately 0.31 acres, with a minimum parcel size of2,937.5 square feet.
Section 3. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) the City prepared
"Initial Study/Mitigated Negative Declaration 06~1, General Plan Amendment 06-1, Zone Change
06-1 and Tentative Parcel Map 2005-257 - 400 Marina Drive Project" (SCH# 2006021131),
which was circulated for public review and comment from February 23, 2006 to March 27, 2006,
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 5, 2006 to consider the subject Mitigated Negative Declaration and the
requested land use applications. At the public hearing, the Planning Commission invited and
considered any and all testimony offered in favor or opposition to said Mitigated Negative
Declaration and land use applications.
OPA O~I '" zc 06-I.PC StaffReport.400 Marina Drive 33
Negative Declaration 06-1, General Plan Amendment 06-1,
Zone Change 06-1 and Tentative Parcel Map 2005-257
400 Marina Drive Project
Planning Commission Staff Report
April 5, 2006
Section 5.
The record of the hearings indicates the following:
(a) The applicant seeks approval of the following actions:
CJ Amend the Land Use and Housing Elements of General Plan to
designate a 13,667 square foot, O.3l.acre, property from Commercial General to Residential High
Density;
o Change the zoning designation on this parcel from General
Commercial (C-2) to Residential High Density (RHO), District I to be consistent with the
General Plan revision;
CJ Approve Tentative Parcel Map 2005-257 to create 4 parcels on the
approximately 0.31 acres, with a minimum parcel size of2,937.5 square feet.
(b) The project site is irregular in shape, having approximately 80 feet of
frontage on Fourth Street and 137 feet of frontage on Marina Drive, and is located at the
southeast comer of the intersection of Fourth Street and Marina Drive.
(c) The surronnding land uses and zoning are as follows:
NORTH: Properties to the north, across Marina Drive, are designated for
Residential Low Density-3000 development in both the General Plan and Zoning Ordinance.
These properties are developed with detached residential units and are commonly known as
"Bridgeport". Residences in Bridgeport are limited to 2 stories in height.
EAST: Properties to the east, separated by a 15-foot public alley, along
Marina Drive, are designated in the General Plan and Zoning Ordinance for "Commercial -
General" uses and are developed with a small commercial development consisting of a liquor
store and a take-out food store. Properties to the south of this commercial area are designated in
the General Plan and Zoning Ordinance for "High Density Residential" uses and are developed
with a variety of detached and attached residential living units.
SOUTH: Properties to the south are designated in the General Plan and
Zoning Ordinance for "High Density Residential" uses and are developed with a variety of
detached and attached residential living units.
WEST: Properties to the west are designated in the General Plan and
Zoning Ordinance for "High Density Residential" uses and are developed with a variety of
detached and attached residential living units.
(d) The requested General Plan Amendment and Zone Change would amend
the Land Use and Housing Elements of General Plan to designate the subject 13,667 square foot,
0.31.acre, property from Commercial General to Residential High Density and change the zoning
designation on the subject property from General Commercial (C-2) to Residential High Density
(RHD), District I to be consistent with the General Plan revision.
GPA 0~-1 '" ZC 06-1.PC Stafl'Re!'OJf.400 Marina Drive 34
Negattve Declaration 06-1, General Plan Amendment 06-1,
Zone Change 06-1 and Tentative Parcel Map 2005-257
400 Marina Drive Project
Planning Commission Staff Report
April 5, 2006
(e) The minimum lot size and area permitted in the Residential High Density
regulations is 25' x 100', with a minimum lot area of 2,500 square feet. The proposed lots meet
this requirement.
(f) All of the proposed development on the parcels that would be created by
the requested Parcel Map is not subject to any discretionary land use entitlement reviews by
either the Planning Commission or City Council.
(g) Marina Drive is a secondary street with a right-of-way of 80 feet and
Fourth Street is a local street with 60 feet of right-of-way. Marina Drive underwent an extensive
renovation in 20Q4 that included a reduction in vehicle traffic lanes from 4 lanes to 2 lanes,
provision of a 25~foot wide landscaped parkway along the north side of Marina Drive. A 12-foot
wide off road Class I multi-use bikeway is also provided within the landscaped parkway.
Section 6. Based upon substantial evidence in the record of the plAnning
Commission hearing regarding the application, including the facts stated in ~ 3 and ~ 5 of this
resolution, and in the environmental documentation prepared in conjunction with this project, and
pursuant to ~~ 28-2600 and 28-2602 of the City's Code. the Planning Commission hereby finds that
General Plan Amendment 06-1, consisting of amendments to the Land Use Element, Land Use
Map, and Table 16 of the Housing Element, will be beneficial to the short term and long term land
use goals of the City of Seal Beach. The plAnning Commission further finds that approval of the
subject amendment to the Land Use Element, Land Use Map, and Table 16 of the Housing Element
will promote the public health, safety and welfare. Therefore, the PlAnning Commission finds that
the requested amendments to the Land Use Element, Land Use Map, and Table 16 of the Housing
Element of the City of Seal Beach will be in the public interest, and makes the following finnings of
fact:
(a) The proposed General Plan Amendment to amend the Land Use Element,
Land Use Map, and Table 16 of the Housing Element.will conform land uses to those set forth
within the Land Use Element for the subject area, as proposed to be amended pursuant to this
request.
(b) The proposed project will allow for a reasonable range ofland uses on the
subject property, recognizing the compatibility .With adjacent residential and commercial land
uses.
(c) The proposed project entitlement requests, and the necessary General Plan
Amendment, will not be detrimental to the short term or long term goals or objectives of the City of
Seal Beach and are in the interest of the public health, safety and welfare. The proposed
amendments are consistent with the General Plan, as amended.
Section 7. Based on the foregoing Sections 1 through 6, the Planning
Commission hereby recommends that the City Council approve General Plan Amendment 06-1 as
set forth below:
GPA O~l '" ZC 06-1.PC StaffReport.400 Morin. Drive 3S
Negative Declaration 06-1, General Plan Amendment 06-1,
Zone Change 06-1 and Tentative Parcel Map 2005-257
400 Marina Drive Project
Planning Commission Staff Report
April 5, 2006
1. The "City of Seal Beach General Plan, Land Use Element" is revised as shown below:
CJ Table 2 - Land Use Summary, on page LU-50, sets forth the following land use
acreage information for the entire city, and is indicated for revisions as shown
below:
Land Use - Table lU-2 - land Use Summary Table
Proposedl
Developed Undeveloped
Designation (acresl lacres) Total Acres
liesidential
r Low 353.7 0.0 353.7
u Medium 505.4 0.0 505.4
. High 166.7 0.0 166.7
;Commereial
0 Professional Office 16.4 0.0 16.4
n Service 49.3 0.0 49.3
s General 82.8 18.0 100.8
Industrial
~ Light 67.0 50.0 117.0
. Oil Extraction 14.6* 4.6 19.2*
.ouen Suace
h ()Pen Space 0.0 185.0 185.0
i Golf Course 156.8 0.0 156.8
s Wet1ands & Wildlife
Refulte 0.0 900.0 900.0
Park 65.2 0.0 65.2
School 15.3 0.0 15.3
Community Facility 61.8 0.0 61.8
Military 4854.6 0.0 4854.6
Beach 0.0 80.3 80.3
Total 6409.6 1237.9 7647.5
*Portions of this acreage may be appropriate for residential redevelopment when oil
production uses tenninate.
CJ Table 3 - Aggregated Land Use Categories, on pages LU-51 through LU-54 is
revised as follows:
land Use - Table 3 - Aggregated land Use Categories
OPA 06-1 &:. ZC 06-1 PC StaffR.,n.4no M;U;!'III Orive
'"
JU
Negalive Declaration 06-1, General Plan Amendment 06-1,
Zone Change 06-1 and Tentalive Parcel Map 2005-257
400 Marina Drive Project
Planning Commission Staff Report
April 5, 2006
PLANNING AREA 1 (pA 1)
Land Use Category Acres % of Total
Open Space 26.8 8.0%
Residential Low Density 8.9 2.7%
Residential Medium Density 19.9 6.0%
Residential High Density 151.0 45.6%
Park 13.6 4.1%
Schoo! 1.6 0.48%
Community Facility 1.4 0.42%
Commercial- Professional Office 3.8 1.1%
Commercial- Service 9.2 2.8%
Commerci!ll- General 9.9 2.9%
Open Space Golf 0.0 0.0
Industrial- Light 0.0 0.0
Industrial- Oil Extraction 4.6 1.4%
Military 0.0 0.0
Beach 80.3 24.3%
TOTAL 331.0 100.0%
Land Use - Table 3 - Aaaregated Land Use Cateaories (Continued)
Land Use Category Acres % of Total
CITY OF SEAL BEACH
I Onen Snace 185.0 2.7%
Residential Low Density 353.7 5.2%
Residential Medium Density 505.4 7.5%
Residential High Density 166.7 2.5%
Park 55.1 0.82%
School 15.3 0.23%
Community Facility 61.8 0.92%
Commercial- Professional Office 16.4 0.24%
Commercial- Service 49.3 0.73%
Commercial- General 100.8 1.5 %
Open Space Golf 156.8 2.3%
Industrial - Lil!ht 117.0 1.7%
Industrial- Oil Extraction 19.2 0.28%
MilitllJY 4854.6 72.0%
GPA O~-I '" zc 06-1.PC StaffReport.400 Marina Drive 37
Negative Declaration 06-1, General Plan Amendment 06-1,
Zone Change 06-1 and Tentative Parcel Map 2005-257
400 Marina Drive Project
Planning Commission Staff Report
April 5, 2006
I Beach
TOTAL I
80.3
6737.4
1.2%
100.0%
CJ The "City of Seal Beach Land Use Map" will require a revision to indicate the
requested change as shown graphically below:
EXISTING AND PROPOSED GENERAL PLAN
LAND USE DESIGNATIONS
Zoning
<ID Com.. IOIaI s" 1:.. (CoQ)
. OP" spac. (OS)
. RulllllIaIH~1 DUII>{(!lHD)
2llD @ Rulli Ilia I U.dl.. DUll>{ (!lUD)
GPA~1 &Ze06-1 p('StaffReport.400M~.naDri~ 38
Negative Declaration 06-1, General Plan Amendment 06-1,
Zone Change 06-1 and Tentative Parcel Map 2005-257
400j(arinaDrivePr~ect
Planning Commission Sta/fReport
April 5, 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: Commissioners
ABSTAIN: Commissioners
Chairman of the Planning Commission
Lee Whittenberg
Secretary of the Planning Commission
GPA O~I '" zc 06-1.PC StaffRepon.400 Marina Drive 39
Negative Declaration 06-1. General Plan Amendment 06-1,
Zone Change 06-1 and Tentative Parcel Map 2005-257
400 Marina Drive Project
Planning Commission Staff Report
April 5, 2006
ATTACHMENT 3
RESOLUTION NUMBER 06 - 4, A RESOLUTION
OF THE PLANNING COMMISSION OF THE CITY
OF SEAL BEACH RECOMMENDING TO THE
CITY COUNCIL APPROVAL OF ZONE CHANGE
06-1, CHANGING THE ZONING DESIGNATION
FROM GENERAL COMMERCIAL (C-2) TO
RESIDENTIAL IDGH DENSITY (RHD), DISTRICT
I, AT 400 MARINA DRIVE
GPA 06.1 '" ZC 06-1.PC StaffReport.400 Marin. Drive 40
Negative Declaration 06-1, General Plan Amendment 06-1,
Zone Change 06-1 and Tentative Parcel Map 2005-257
400 Marina Drive Project
Planning Commission Staff Report
April 5, 2006
RESOLUTION l\TlJMBER 06 - 4
A RESOLUTION OF THE PLANNING COMMISSION
OF TIIE CITY OF SEAL BEACH RECOMMENDING
TO TIIE CITY COUNCIL APPROVAL OF ZONE
CHANGE 06-1, CHANGING 1HE ZONING
DESIGNATION FROM GENERAL COMMERCIAL
(C-2) TO RESIDENTIAL HIGH DENSITY (RHD),
DISTRICT I, AT 400 MARINA DRIVE
1HE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY RESOL VB:
Section I. On November 21, 2005 Schwendener Corporation submitted
requests for a General Plan Amendment, Zone Change and Tentative Parcel Map with the
Department of Development Services.
Section 2. The proposed project seeks approval of the following actions, as
requested by Schwendener Corporation:
CJ Amend the Land Use and Housing Elements of General Plan to designate
a 13,667 square foot, 0.31.acre, property from Commercial General to Residential High Density;
CJ Change the zoning designation on this parcel from General Commercial
(C-2) to Residential High Density (RHO), District I to be consistent with the General Plan
revision;
CJ Approve Tentative Parcel Map 2005-257 to create 4 parcels on the
approximately 0.31 acres, with a minimum parcel size of2,937.5 square feet.
Section 3. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) the City prepared
"Initial Study/Mitigated Negative Declaration 06-1, General Plan Amendment 06-1, Zone Change
06-1 and Tentative Parcel Map 2005-257 - 400 Marina Drive Project' (SCH# 2006021131),
which was circulated for public review and comment from February 23, 2006 to March 27, 2006,
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 5,2006 to consider the subject Mitigated Negative Declaration and the
requested land use applications. At the public hearing, the Planning Commission invited and
GPA 06-1 '" ZC 06-1.PC StaffReport400 Marina Drive 41
Negative Declaration 06-1, General Plan Amendment 06-1,
Zone Change 06-1 and Tentalive Parcel Map 2005-257
400 Marina Drive Project
Planning Commission Staff Report
April 5, 2006
considered any and all testimony offered in favor or opposition to said Mitigated Negative
Declaration and land use applications.
Section 5.
The record of the hearings indicates the following:
(a) The applicant seeks approval of the following actions:
CJ Amend the Land Use and Housing Elements of General Plan to
designate a 13,667 square foot, 0.31.acre, property from Commercial General to Residential High
Density;
CJ Change the zoning designation on this parcel from General
Commercial (C-2) to Residential High Density (RHO), District I to be consistent with the
General Plan revision;
CJ Approve Tentative Parcel Map 2005-257 to create 4 parcels on the
approximately 0.31 acres, with a minimum parcel size of2,937.5 square feet.
(b) The project site is irregular in shape, having approximately 80 feet of
frontage on F6i.Jrth Street and 137 feet cif frontage on Marina Drive, and is located at"the
southeast comer of the intersection of Fourth Street and Marina Drive.
(c) The surrounding land uses and zoning are as follows:
NORTH: Properties to the north, across Marina Drive, are designated for
Residential Low Density-3000 development in both the General Plan and Zoning Ordinance.
These properties are developed with detached residential units and are commonly known as
"Bridgeport". Residences in Bridgeport are limited to 2 stories in height.
EAST: Properties to the east, separated by a 15-foot public alley, along
Marina Drive, are designated in the General Plan and Zoning Ordinance for "Commercial -
General" uses and are developed with a small commercial development consisting of a liquor
store and a take-out food store. Properties to the south of this commercial area are designated in
the General Plan and Zoning Ordinance for "High Density Residential" uses and are developed
with a variety of detached and attached residential living units.
SOUTH: Properties to the south are designated in the General Plan and
Zoning Ordinance for "High Density Residential" uses and are developed with a variety of
detached and attached residential living units.
WEST: Properties to the west are designated in the General Plan and
Zoning Ordinance for "High. Density Residential" uses and are developed with a variety of
detached and attached residential living units.
(d) The requested General Plan Amendment and Zone Change would amend
the Land Use and Housing Elements of General Plan to designate the subject 13,667 square foot,
0.31.acre, property from Commercial General to Residential High Density and the requested
GPA05:! !tzc 05-1.PC St::ffP..cpcrt.1OCM~..-::::Dri.;;: 42
Negative Declaration 06-1, General Plan Amendment 06-1,
Zone Change 06-1 and Tentative Parcel Map 2005-257
400 Marina Drive Project
Planning Commission Staff Report
April5, 2006
Zone Change would change the zoning designation on the subject property from General
Commercial (C-2) to Residential Low Density (RHO), District I to be consistent with the General
Plan revision.
(e) The minimum lot size and area permitted in the Residential High Density
regulations is 25' x 100', with a minimum lot area of2,500 square feet. The proposed lots meet
this requirement.
(f) All of the proposed development on the parcels that would be created by
the requested Parcel Map is not subject to any discretionary land use entitlement reviews by
either the plAnning Commission or City Council.
(g) Marina Drive is a secondary street with a right-of-way of 80 feet and
Fourth Street is a local street with 60 feet of right-of-way. Marina Drive underwent an extensive
renovation in 2004 that included a reduction in vehicle traffic lanes from 4 lanes to 2 lanes,
provision of a 25-foot wide landscaped parkway along the north side of Marina Drive. A 12-foot
wide off road Class I multi-tise bikeWay is also piovided within the landscaped parkway.-'
Section 6. Based upon substantial evidence in the record of the Planning
Commission hearings regarding the application, including the facts stated in ~ 3 and ~ 5 of this
resolution, and in the environmental documentation prepared in conjunction with this project,
and pursuant to U 28-2600 and 28-2602 of the City's Code. the Planning Commission hereby
finds that Zone Change 06-1 will be beneficial to the short term and long term land use goals of
the City of Seal Beach. The Planning Commission further finds that approval of Zone Change
06-1 will promote the public health, safety and welfare. Therefore, the Planning Commission
finds that Zone Change 06-1 will be in the public interest, and makes the following findings of
fact:
(a) Proposed Zone Change 06-1 will conform land uses to the goals and
policies of the Land Use Element for the subject area, as revised by General Plan Amendment
06-1.
b) Proposed Zone Change 06-1, and the necessary General Plan Amendment,
will not be detrimental to the short term or long-term goals or objectives of the City of Seal
Beach and are in the interest of the public health, safety and welfare. Proposed Zone Change 06-
I is consistent with the General Plan, as amended pursuant to General Plan Amendment 06-1.
Section 7. Based on the foregoing Sections 1 through 6, the Planning
Commission hereby recommends that the City Council approve Zone Change 06-1, to change the
- zoning designation of the subject property located at 400 Marina Drive from C-2, Commercial
General to RHD, Residential High Density, District I, on the Zoning Map of the City of Seal
Beach, as indicated below (said property is legally described as Lots 20 and 21, Tract 698):
GPA 06.] '" zc 06-J.PC Staff Report 400 Marina Drive 43
Negative Declaration 06-1, General Plan Amendment 06-1,
Zone Change 06-1 and Tentative Parcel Map 2005-257
400 Marina Drive Project
Planning Commission Staff Report
April 5, 2006
PROPOSED ZONING MAP DESIGNATIONS
ZONE CHANGE 06-1
o
,
200
<1D>
e
.
~
@>
Zoninlll
Com lilt 101iI...SelU:tI -=1)
Com"l lelll.. C,. If: rill f:=-2)
IlD1b U.d Uct IIII.t.O"iltbl tpLUIR)
lIuttutlillHgl DU~(,RHD)
Rutl..UIaIILo. DUI" (RLD-alJDIl)
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.
GPA Q~l & ZC 1)I5~1 PC' StaffRei-MJrt.400 ?o.f!r'..'!~Drlv=
..
....
Negative Declaration 06-1, General Plan Amendment 06-1,
Zone Change 06-1 and Tentative Parcel Map 2005-257
400 Marina Drive Project
Planning Commission Staff Report
April 5. 2006
AYES: Commissioners
NOES: Commissioners
ABSENT: Commissioners
ABSTAIN: Commissioners
Chairman of the Planning Commission
Lee Whittenberg
Secretary of the Planning Commission
GPA 06.1 '" ZC 06-I.PC S'affReport.400 Marina Drive 4S
Negative Declaration 06-1. General Plan Amendment 06-1.
Zone Change 06-1 and Tentative Parcel Map 2005-257
400 Marina Drive Project
Planning Commission Staff Report
April 5, 2006
ATTACHMENT 4
RESOLUTION NUMBER 06 - 2, A RESOLUTION OF THE
PLANNING COMMISSION OF THE CITY OF SEAL BEACH
RECOMMENDING TO THE CITY COUNCIL APPROVAL OF
TENTATIVE PARCEL MAP 2005-257
GPA 06-1'" ZC 06-1.PC StaffReporl.400 Marina Drive 46
Negative Declaration 06-1, General Plan Amendment 06-1,
Zone Change 06-1 and Tentative Parcel Map 2005-257
400 Marina Drive Project
Planning Commission Staff Report
April 5. 2006
RESOLUTION NUMBER 06 - 2
A RESOLUTION OF THE PLANNING COMMISSION
OF TIIE CITY OF SEAL BEACH RECOMMENDING
TO THE CITY COUNCIL APPROVAL OF
TENTATIVE PARCEL MAP 2005-257
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY RESOL VB:
Section 1. On November 21, 2005 Schwendener Corporation submitted
requests for a General Plan Amendment, Zone Change and Tentative Parcel Map with the
Department of Development Services.
Section 2. The proposed project seeks approval of the following actions, as
requested by Schwendener Corporation:
CJ Amend the Land Use and Housing Elements of General Plan to designate
a 13,667 square foot, 0.31.acre, property from Commercial General to Residential High Density;
CJ Change the zoning designation on this parcel from General Commercial
(C-2) to Residential High Density (RHD), District I to be consistent with the General Plan
revision;
CJ Approve Tentative Parcel Map 2005-257 to create 4 parcels on the
approximately 0.31 acres, with a minimum parcel size of2,937.5 square feet.
Section 3. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) the City prepared
"Initial Study/Mitigated Negative Declaration 06-1, General Plan Amendment 06-1, Zone Change
06-1 and Tentative Parcel Map 2005-257 - 400 Marina Drive Project" (SCH# 2006021131),
which was circulated for public review and comment from February 23, 2006 to March 27,4006,
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 5, 2006 to consider the subject Mitigated Negative Declaration and the
requested land use applications. At the public hearing, the Planning Commission invited and
considered any and all testimony offered in favor or opposition to said Mitigated Negative
Declaration and land use applications.
Section 5.
subj ect application:
Applicant seeks to establish the following uses as part of the
GPA OG-I '" ZC 06-1.PC StaffRoport.400 Marina Drive 47
Negative Declaration 06-1, General Plan Amendment 06-1,
Zone Change 06-1 and Tentative Parcel Map 2005-257
400 Marina Drive Project
Planning Commission StcifJ Report
April 5, 2006
(a) Tentative Parcel Map No. 2005-257 will create four new parcels for
residential development on the subject property. Below is a summary of the proposed parcels for
Parcel Map 2005-257:
Parcel Number
Proposed Use
Gross Area
Parcel 1
Parcel 2
Parcel 3
Parcel 4
Residence Site
Residence Site
Residence Site
Residence Site
TOTAL
0.0674 acres (2,937.5 sq. ft.)
0.0674 acres (2,937.5 sq. ft.)
0.0674 acres (2,937.5 sq. ft.)
0.1114 acres (4,854.5 sq. ft.)
0.3137 acres (13,667 sq. ft.)
Section 6. Based upon substantial evidence in the record of the hearing,
including the facts stated in Sections 1 through 4 of this resolution, and in the environmental
documentation prepared in conjunction with this project, and pursuant to ~~ 28-2600 and 28-
2602 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
envir0nmental damage as all mitigation measures contained in Mitigated Negative Declaration
06-1 to protect the environment will be implemented.
(f) Pursuant to Sections 15070 through 15075 of the CEQA Guidelines, a
Mitigated Negative Declaration has been prepared. This subdivision is within the scope of the
Mitigated Negative Declaration, which adequately describes the general environmental setting of
the project and mitigation measures identified to reduce all identified impacts to "Less Than
Significant With Mitigation Incorporated". No additional environmental documentation is
needed.
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 2005-257, subject
to the following conditions:
erA 06-1 ~ zc 06-1.I'C Staff'Rcport.400 Macil.ldDlin; 48
Negative Declaration 06-1, General Plan Amendment 06-1,
Zone Change 06-1 and Tentative Parcel Map 2005-257
400 Marina Drive Project
Planning Commission Staff Report
April 5, 2006
1. Remove and replace all dAmaged concrete curb and gutter, sidewalk, and pavement.
2. Remove existing driveway approaches and install new driveways as shown on plans.
New curb and gutter shall be installed in areas where existing driveway approaches have
been removed.
3. Install additional 36-inch box trees within the public right-of-way as determined by the
Director of Public Works.
4. The project shall comply with all sections as adopted in Resolution 5209, titled Public
Works Standard Conditions of Aooroval for Vestinll and Tentative and Tentative
Subdivision Maos. 2003 Edition.
5. Repair all dAmAged concrete in the alley to the nearest full slab.
6. Sanitary sewer lateral shall be installed to conform to city standards for each lot.
7 . Water service laterals and meters shall be installed to conform to city standards for each
lot.
8. All utilities to be installed underground.
9. Additional street lights may be required. A street light study shall be done to determine if
additional street lighting is needed. Cost of study and any additional street ligl).ts shall be
paid for by the developer.
10. No driveways shall be constructed facing Marina Drive or 4th Street. Vehicle access shall
be from the alley.
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. Upon submittal of the final parcel map for review by the City of Seal Beach, a letter
signed by both the subdivider and the engineer shall be provided, which indicates that
these individuals agree to submit 5 blueprints, one 8 Yo x 11 copy, and one mylar of the
recorded parcel map to the City of Seal Beach Public Works Department.
14. 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
GPA 06-1 "'ZC 06-I.PC SlBffReport.400MarinaDrive 49
Negattve Declaration 06-1, General Plan Amendment 06-1,
Zone Change 06-1 and Tentative Parcel Map 2005-257
400 Marina Drive Project
Planning Commission Staff Report
April 5, 2006
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 occurri;1g
or resulting to any person, firm, corporation or property for damage, injury or death
arising out of or connected with the performance of the use permitted hereby.
Applicant's obligation to indemnify, defend and hold harmless the City as stated herein
shall include, but not be limited to, paying all fees and costs incurred by legal counsel of
the City's choice in representing the City in connection with any such claims, losses,
lawsuits or actions, expert witness fees, and any award of damages, judgments, verdicts,
court costs or attorneys' fees in any such lawsuit or action.
PASSED, APPROVED AND ADOPTED by the 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: Commissioners
ABSTAIN: Commissioners
Chairman
Planning Commission
Lee Whittenberg, Secretary
Planning Commission
CPA 06:1 ~ zc 06~l.PC S~R...'"Pcit.400 Madna Drj-.oe 50
Negative Declaration 06-1, General Plan Amendment 06-1,
Zone Change 06-1 and Tentative Parcel Map 2005-257
400 Marina Drive Project
Planning Commission Staff Report
April 5, 2006
ATTACHMENT 5
PROPOSED DEVELOPMENT PLANS
GPA 06-1 &: ZC 06-l.PC Staft'ReporI400 Marin. Onvc 51
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Negative Declaration 06-1, General Plan Amendment 06-1,
Zone Change 06-1 and Tentative Parcel Map 2005-257
400 Marina Drive Project
Planning Commission Staff Report
April 5, 2006
ATTACHMENT 6
TENTATIVE PARCEL MAP 2005-257
GPA 06-1 &: ZC 06-1.PC Staff Report 400 Marina Drive 52
SGAL.E J" II 20'
EXISllNe; No OF LOre. 2
PROPOSED No. OF L..OT5. 4
NET ACoREA6E.
TENT A TIVE
[?>~[Ri~~[L ~~[?> ~@c~(Q)(Q)~",~l@~
SHEET I OF I SHEETS
IN THE CITY OF SEAL BEACH
COUNTY OF ORANGE
STATE OF CALIFORNIA
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NOT 10 SCALE
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TYPICAL SECTION
4th ~1FFFT
TYPICAL SECTION
- MARIN"'.lRRIYE
Negative Declaration 06-1, General Plan Amendment 06-1,
Zone Change 06-1 and Tentative Parcel Map 2005-257
400 Marina Drive Project
Planning Commission Staff Report
April 5, 2006
ATTACHMENT 7
PROPOSED MITIGATED NEGATIVE DECLARATION 06-1,
DATED FEBRUARY 22, 2006
NOTE: PREVIOUSLY PROVIDED TO THE
PLANNING COMMISSION, CITY COUNCIL, AND
PUBLIC LmRARIES. NOT PROVIDED AS PART
OF THIS STAFF REPORT DUE TO LENGTH.
COPIES ARE AVAILABLE AT THE
DEPARTMENT OF DEVELOPMENT SERVICES
AND WILL BE AVAILABLE AT THE PUBLIC
HEARING
GPA 06-1 &: ZC 06-1 PC StaffReport.400 Marin. Dnve 53
Negative Declaration 06-1, General Plan Amendment 06-1,
Zone Change 06-1 and Tentative Parcel Map 2005-257
400 Marina Drive Project
Planning Commission Staff Report
April 5, 2006
ATTACHMENT 8
"RESPONSES TO COMMENTS FOR INITIAL
STUDYINEGATIVE DECLARATION 06-1,
GENERAL PLAN AMENDMENT 06-1, ZONE
CHANGE 06-1 AND TENTATIVE PARCEL MAP
2005-257 - 400 MARINA DRIVE PROJECT",
DATED MARCH 28,2006
GPA 06-1 &: ZC 06-1 PC StaffReport.400 Marina Drive 54
Responses to Comments for
Initial Study/Mitigated Negative Declaration 06-1
General Plan Amendment 06-1 ;
Zone Change 06-1;
Tentative Parcel Map 2005-257
400 Marina Drive, Seal Beach
Prepared by:
City of Seal Beach
211 Eighth Street
Seal Beach, CA 90740
Contact: Lee Whittenberg, Director of Development Services
(562) 431-2527, extension 313
March 28, 2006
Table of Contents
Section 1
Introduction................................................................................... 1
Section 2
Comment Letters and Responses.................................................3
Orange County Fire Authority
Letter of March 7,2006.................................................................4
Southern California Association of Governments
Letter of March 9, 2006.................................................................6
California Department of Transportation, District 12
Letter of March 9,2006 .................................................................9
California Coastal Commission
Letter of March 24, 2006...............................................................9
Pat Kearns
E-mail message of March 24, 2006 ..............................................9
City of Seal Beach Environmental Quality Control Board
Minutes of March 15,2006..........................................................11
* .. ....
MItigated Negative Declaration 06-1
Responses to Comments
400 Marina Drive Project
1
Section 1. Introduction
This document has been prepared to respond to public comments received on Mitigated
Negative Declaration 06-14 for the proposed 400 Marina Drive project. The Mitigated
Negative Declaration was subject to a 30-day public review period from February 23,
2006 to March 27, 2006. The California Environmental Quality Act (CEQA) Guidelines
Section 15073(a) states that the Lead Agency shall provide a public review period of not
less than 30 days for a proposed Mitigated Negative Declaration when review by state
agencies is required.
Distribution of the Initial Study/Mitigated Negative Declaration and Notice of Intent to
Adopt a Mitigated Negative Declaration for review and comment included the following
agencies and organizations:
State of California Office of Planning and Research
Southem California Association of Govemments
County of Orange - County Clerk
County of Orange - Environmental Management Agency
County of Orange - Public Facilities and Resource Department
City of Long Beach - Planning Department
City of Los Alamitos - Development Services
City of Garden Grove - Planning Department
City of Huntington Beach - Planning Department
City of Westminster - Planning Department
Los Alamitos Unified School District
Regional Water Quality Control Board - Santa Ana Region
South Coast Air Quality Management District
Naval Weapons Station - Commanding Officer
Califomia Coastal Commission - South Coast Region
Orange County Fire Authority
Orange County Sanitation District
Orange County Transportation Authority
Caltrans District 7
Caltrans District 12
Golden Rain Foundation
Island Village Homeowner's Association
Rossmoor Community Services District
Southern California Gas Company
Southern California Edison Company
GabrielinolTongva Indians of California
GabrielinolTongva Tribal Council
On February 23, 2006 the' CitY published a copy of the "Notice of Completion - Initial
StudylMitigated Negative Declaration 06-1" in the Sun Newspaper. Copies of the
MitIgated NegatIve Declaration 06-1
Responses to Comments
400 f'IIarina Drive Project
1
Mitigated Negative Declaration were also made available for public review at the
Development Services public counter and at each library within the City.
The City of Seal Beach received 4 comment letters and 1 E-mail message on the
Mitigated Negative Declaration and also received comments from the City of Seal
Beach Environmental Quality Control Board during the public comment period. CEOA
section 21091 (d)(1) requires that the City, as Lead Agency, must consider any
comments on the proposed Mitigated Negative Declaration that are received within the
public review period.
CEOA Guidelines Section 15204(b) provides that in reviewing negative declarations,
persons and public agencies should focus on the proposed finding that the project will
not have a significant effect on the environment. If persons and public agencies believe
that the project may have a significant effect, they should 1) identify the specific effect;
2) explain why they believe the effect would occur, and 3) explain why they believe the
effect would be significant.
CEQA Section 15204(c) further advises: "Reviewers should explain the basis for their
comments, and should submit data or references offering facts, reasonable
assumptions based on facts, or expert opinion supported by facts in support of the
comments. Pursuant to Section 15604, an effect shall not be considered significant in
the absence of substantial evidence. Section 15204(d) also states, "each responsible
agency and trustee agency shall focus its comments on environmental information
germane to that agency's statutory responsibility." Section 15024(e) states, "this
section shall not be used to restrict the ability of reviewers to comment on the general
adequacy of a document or the lead agency to reject comments not focused as
recommended by this section."
Each comment letter received during the pUblic review period is included in its entirety
in this document. Each letter is followed by responses corresponding to comments
submitted in the letter. Responses are provided for all comments submitted. No new
significant environmental impacts are raised by the submitted comment letters.
Mitigated Negative Declaration 06-1
Responses to Comments
400 Marina Drive Project
2
Section 2. Comment Letters and Responses
This section provides complete copies of all comment letters and E-mail messages
received during the public review period and by the Environmental Quality Control
Board for the proposed Initial Study/Mitigated Negative Declaration. Each letter, E-mail
message or meeting minutes is included in its entirety for the subject mitigated negative
declaration, followed by responses that correspond to the comments raised.
ResDonse
Number
Aaencv/Oraanization/lndividual
Letter Date
1
Orange County Fire Authority
March 7, 2006
2
Southern California Association
of Governments
March 9, 2006
3
California Department of Transportation
District 12
March 9, 2006
March 24, 2006
4
California Coastal Commission
5
Pat Kearns
March 24, 2006
ResDonse
Number
Aaencv Public Comment Meeting
Meetina Date
6
City of Seal Beach Environmental Quality
Control Board Meeting Minutes
March 15, 2006
Mitigated Negative Declaration 06-1
Responses to Comments
400 ~arina Drive Project
3
Comment Letter 1: Orange County Fire Authority, March 7, 2006
.
FilE COpy
ORANGE COUNTY FIRE AUTHORITY
PO /loccS71lS -. CA.916J9-71lS.J FnA""",""Rd 1rvrM CA916D1
ClupProlhsr Fnr::h4'
(714) S7J.60D0
Mm:h 7, 2006
CIty Ofs..J Ile8cb
AlIII Lee~...
211 Eaahth St
SooIllacb, CA 90740
SUBJBCT MND 400 Muma Dr
CIlYaI.... BI8Ch
MAR 0 l:l 2DD&
DlIV8IDpmlllll SVcs.
Dear S11(.)
'lblIlIk "'" far 1Ise 1DfilaDBbon plI)wled lD.1Ise docamoat am.. 1llll_ aftbe plI)Jecl, 1llll
1IIIpoclI1Il1he OCFA .. IDSIgm1icImt W1ula lID odd1lKm8I pubhclllioty m=- ..1ICIllled u 1 - 1
. muIt .fllwl plOJect, Ill! ataDdmd ...d1l"DI& aod ~ w1Il be apphed 10 1he prtlJCCt ilurmi
1he 1IlImI8I_ JlIIlCOII
'lblIlIk,... farpnmdmglllW1lhllwl........nn PI..... COIIlIKlt"'" It 714-S73-61~ If,...
baw &111 qu&IlIOII.I
~
M1clu=1e p.......d"'t
MImapmeol A2IaIyst, Stramp s.......
ScmqtbeCI!ItI at AbIoYI.,.aaCI\L,-*.enr-. ~Pamt.1rrmo.. Lapal.HI1lI.I.quM.NIpc1.I.Ipaa WDO&I.1..Ib1cnll: .1.aNIII..
lMAllllUlale M..... VIVO- P~. JlIdIlhaSatrot.l.-pr1ta _8... CIemcnI8. Baa.hl... CapIIlI'I:aI:I_ hd Baob _Stan_. TulIIm. VIIJI;r.t.
WalIlILIIIIcr_ YmbaLzad.. ad UnlllClllpllftladAftM ato-apCllllaCy
UIIDJ:N11A,LIPIIlNXLI:IrI.vm1MOD: DBTICTORIIA'V.EJ.I\IA
Mitigated Negative Declaration 06-1
Responses to Comments
400 Marina Drive Project
4
Response to Comment Letter 1
Orange County Fire Authority, March 7, 2006
1-1 The comment indicates that given the nature of the project, impacts to Orange
County Fire Authority are insignificant. The comment raises no environmental
issues regarding the proposed project. No response is necessary.
* * .. '*
5
Mitigated Negative Declaration 06-1
Responses to Comments
400 ~arina Drive Project
Letter 2:
Southern California Association of Governments, March 9, 2006
5DUTllERIII CAUfORNIA
~
ASSOCIATIOR .f
SOYURIIIRTS
.... -
IbI WId Savlnth SIrHt
....-
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tr.>>2!I_
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....,... "-.. III"""'"
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.11I.......... ......
FILE COpy
March 9, 2006
C1ly a16181llMch
MAR 10 ZOD6
Development Svcs
2-1
2-2
2-3
Mr l.se WhlIenborg
Cdy of SelIIBeac:h
211E1ghtll_
SeIII BelIch, CA 90740
RE SCAB C1_ngha_ No 12IIlII0138 400 Manna Dnve I'rDjBI:t
c...r Mr WhIII8nbe'll
l118nk )IaI far 8llIlIIIIIIIng II1e _ M8nIIlI D..... PrDjllC:t far _ III1d
1XI1T11W11 /vi..... c:Ienlgh..... fer reg_1y sogndic:llnl prq-. SCAG
-- the ... _ley '" Icx:al p1lns, prqICIs IIld P"'III'iI1IlI WIth lIgIllI1IJ
pIInI lluiIlCtMty. bIRd an SCAG" ..."""tIbfllb... II I /IlIfllIIIII piIImJng
llIlIBllIZIIban puI'IUInl tD _ III1d t'lIdInII IaWII Ind ...g.......... GU1dInCl
pllMdld by thlsl _.... . Ill_III tD IIIB! IacII 89_ Ind prqeel
lpallllOllllD lIIaI 1.....11111I conInbuta tD 1I1e _nmen! of ragIlIIIIIIlIllIIls IIl1d
~s
WI """" .........t the 400 .....n. Dnve Pl'DJICI, .nd ..... ....., ,...d II1Il "'"
pnlpOIId Prqect. net"'llJllll8lly 8IgI.r.c........ SCAG IrDrgayIrrrnIolW RevIew
(IGR) CnI8nI IIIId CUfa.... Enw.. ,m..ll8I Cl.BIIty Ad. (CECA) GUIdIII""",
(SecIIan 1S206) ThInIIcnt,II1e prcpaIId PrqIIcl dell net WIUT1Int ",,",.,_,"'11
.. tane ShauId thenI bl . cMnll8 111 the IlXIpI of 1111 pnlpooed PrqICl, WI
wauld _........IhI~tD_and_al1l1lll_
A delIa1pban of the pnlpasld Prqect WII published ., SCAG.. February 1l1-Z6,
2IlOI ~ RI!VI8w CIeIInng...... RIpart for pliIIIc ........ and
lXInll",1nl
lIla prqect !IlIII """ BCAG ClIBInghcxBa ""nl.... lhauld be IlIlld ., all
lXIIlIBpandenca WIth SCAG COI1CIIITIng 111I PlDJIlCI ~ od.._ llxUd be
IIlIIl tD lI1e....nlIan '" the CUnngmu. CcxxdIl1lllDr If you I1lMI ""y q..-.,
pIeue IXlnlaclmllll(2'l3) 236-1651 nw.")IaI
1lInCIr8Iy,
Ja~~-
BRIAN WALLACE
AssocIals RagJanaI Pfamor
Inlergovemrnental RevI....
DacI1191D3
Mitigated Negative Declaration 06-1
Responses to Comments
400 Marina Drive Project
6
Letter 2:
Southern California Association of Governments, March 9, 2006
(Continued)
filE COpy
SCAG Clearl"ghDU.. Rapart
Dac:ument:s ~ D21i1lGl-Q2f2MII.
RoportPn..... _
~nmnD1DDCWD~~an~bna
DDcumllr1t11 R-=-vlld Februuy 27. 2001
SCAB ID No
-TP
.......111I.
Roglllgnl_
lsod~
~f)I'SlibnogIan
Ccntoc:t
_D.-D_
.....oct _pbon
SCAllID Na
-TP
PrcIJoctTIII.
Rog .,gn_
Lood"-
CI\J/CCl...IjIlI~
-
Ca_ Duo D_
I'loJRt DIoenpban
_'32
NDP
....._ Y111ogo o.on., ZIon.
Voo
Cltr......lIIng __00
-.g ffI/I.....-... Ang-.u.1loy
NllaCullor-(31D)177-1m
3/1__
1lto 1HOIOOt- 0/.....-",. ,.._WiIIgo 0v0rt8y Zano _.. .
parlIan ",.. cq.. ... ......_.... '111. _ .... -.y...... ...
__...d.......Il1OI.",...-...OlIolIo _'_"'''''''"''''
~..__Wllh"~ond_eemm__ lllo
Ponllllllill ~ 0v0rI0y ..... . p_ ... ao ... ~.. """'" vtogo
....alnlnll hal><fonoJly rooid.._ _ ___ end _ .... m a
pod.............dad _
TlulIll'Oloot _ far Iho __ perII1BA _ 0II0Il0y Zano . _ ..ilia
CIty at RaIiIng ItIilI _ ..... ............. ... (!'on- Conlor) ~
..... . I) at Iho _..... '. at Ind.. _ _ .... Cranohow
bauIII\wd .....11. _Miy d .. narttMwt mr..dran II Cl8nahn' 1ouI8\1Mt anct
_llp<r _ .,d Dar.- on thII ._ bl' ~ _ !nInIIIIIo an Ill.
_~_"'_Spllr_ _DlyBonkan.....h_ond_
or DI-..d 4J1b. DnvIi
_'31
NEll
4Ga...... _ PIqoct
Na
lldr"--
Sell B.N4lJQ_~_.. CC\Unt)'
Loo~-{SlI2)q,..zm
:lI27121ll1_
l110 ~ _lIlo PlannI1Cl cemm.........d CIty Cauled -.. o~
1Ilo-.c.
. A"'- ",.,olond u.. E1_"" Lond un Mop.... _ PIon
!lam ~Clon""" 10 'HI!lhDonoIly__
. A _11g IllIOIIIlmont 10". ZanI1g Mop ... ""..go Ill. ZIIlII1g Irarn
camm.aol-G__oI \a _ HIgh Dons1Iy
. Ap~ et. _ porco! mop Ia ...."'4 pan:oIo on _malelyD 3'
_IlIIorIaElll>lHl3-7(T_....".....n'op2DD5257) and'
. ConsWd four new smgl8 fan'llly hCllTleS rangmg 111 S.IEII1tom epprwamalely
2600 to 3 ODD 'QUare feet .
Nie fnal ,.tep a CDBSlal DevsJapment Pannlt 15 reqund from the Callfomla Coastal
C,,,,,,,",,,,,,,
The 0 31 sere 40D Manna Dnve PrqIClBIle IS located W1o,., Iha City at SeeI Bead1
In flIe wesfBm most partlon of Orange County eerrfomlil
Dac"11187 """12
Mitigated Negative Declaration 06-1 7
Responses to Comments
400 !"Iarlna Drive Project
Response to Comment Letter 2
Southern California Association of Governments, March 9, 2006
2-1 The comment indicates the project has been received to determine its
consistency with regional plans. The comment raises no environmental issues
regarding the proposed project. No response is necessary.
2-2 The comment determines that the project is not regionally significant per SCAG
Intergovernmental Review Criteria and California Environmental Quality Act
Guidelines CEQA Section 15206, and does therefore not warrant comments.
The comment raises no environmental issues regarding the proposed project.
No response is necessary.
2-3 The comment indicates the project description was published in SCAG's
February 16-28, 2005 Intergovemmental Review Clearinghouse Report and that
the project title and Clearinghouse number should be used in all future
correspondence conceming the project. The comment raises no environmental
issues regarding the proposed project. No response is necessary.
* * * .
Mitigated Negative Dec:laration 06-1
Responses to Comments
400 ~arlna Drive Project
8
Letter 3:
California Department of Transportation, District 12, March 9, 2006
_'ft.rw"'~_L.- ... -
-~-_.
---.
-
DEPAlI.no:NT O' TRANSPORTATION
n.-.12
333'_Ilmo _...
'Itfmc CA 926u.8D4
Tel (94"7.l4-Z267
F... (M., 7U.2m
FILE COpy
@
---'
"'''''''-
MU'cI1 " 200ti
Lee WIDtIoabaJ
Cdy of'Seo1lleod1
211 B1abI SIReI
Seo1 BeocII,; CoIllbnu 90740
SabJ<<t 480 MInDa Dnn lIlQeel
Door Mr WIIIeIIhor&
Fde lGll/CIlQA
SCBi\l 2006021131
Las" 1702
PCB
'IIIIIIk"", Jbrtho u.......b.u4y 10 __.... .. DD tholmllll StadyIMJI'I_'U(epIIft
~ I'or!lu G-.lA-v~_ _l,ZaDeOwlpll&-l, TIIlbdIgehrcelMap
:zolIU...257,.ceO MInDa Dan l'nJec:I ne pqeolllldwloo die --....- of'oDellllmllo- 3 - 1
IIIIIt oplIIlIDOlIt -.1IIll_ot~ .........1ilIlI&l, boo.-...... fIlIm 2,500 10 3,000
IIqUIr8 &eI ne prDJIlCt... IIIllC1lel1 DD 400 ManIII Dnwo 1II tho Cdy of'Seo11leod1 ne.......
_ fJIahly lD tho prllJec:I"'lI PoalIc c-t lJJa;hway
CldInaI ~ 12 _ .. . ........w... ......" DD tIuo prllJccl .... hu ... ,...." u thII
_ m.-,llItho_of'...,.8dMly1llc.llral' ~,lIllllC"t'.--JIIIIIIIl'llll!ll 3 - 2
be ftIlIIIIIIlII AppbJ:IIIII... nqand lD pia lbr ,..AI_ JIIIIIIIl ..J' -... lime, wlDdllIlIf
mc1ude.... 41b1dle1a 81'.... I J dO"'1-ilIlIIhItvwl
Pl.- COIIIIDIIIllD lmop 1II1111bm1al of'dIII JII'lIJeel m11111Y ban ~ wIDdI cauJd
~ lIIIJl- tho UlIDIpClllIIIID IIu:Wboo If"", havllay qu-. or Deed lD -....
pIcuo do lllIt """"* ID coil w..,om MaIm u (949) 124-2267
8D!conIY.
l\OBlllU P J Cbu:f
IGIIICommuady l'IonDmI BI8IICh
C Teny llDbortI, 0IIice I3fl'Iomm18IDd ,.. ,_ ch
Tom Paa....... CaltnmI HQ IGllICommwuty I'IaMmg
Ga1e McTDtyre, Deputy DJStnotDt=tor
CIIY at S8ll1I8IIlII
MAR ill 299&
DeveIopm8nt Svcs.
c.drnIN..........,.,.",.~
Mitigated Negative Declaration 06-1
Responses to Comments
400 ~arlna Drive Project
9
Response to Comment Letter 3
California Department of Transportation, District 12, March 9, 2006
;3-1 The comment reviews the project components and indicates the nearest State
Route to the project is Pacific Coast Highway. The comment raises no
environmental issues regarding the proposed project. No response is necessary.
3-2 The comment indicates that Caltrans District 12 is a reviewing agency on this
project and has no comments at this time. It is also indicated that if any work is
done on Caltrans' right-of-way that an encroachment permit will be required. The
comment raises no environmental issues regarding the proposed project. No
response is necessary.
* * * *
Mitigated Negative Declaration 06-1
Responses to Comments
400 ~arina Drive Project
10
Letter 4:
California Coastal Commission, March 24, 2006
Il&r-U-tl U 4IPI ,...calll..... tout.1
+1IUtam4
NU P aalIIl1 F-UI
STATE DJII' ~FOANIA THE! ItCW'IU-I!lAIII;N~
CALIFORNIA COASTAL COMMISSION
Sculh CaiIIllr A/ril otra
2nD DCI.ngatll SuIte 1tlDO
L.l:Ins Bdcl1 CA 510BOMS02
1512) 510 5071
ARNOLD !!ICHWAR2ENEGIJIR. ........
~
March 24 2llO8
Mr I.oe WMtenberg
ClreclDr at coveIopment ServIce.
Crty at Seal Beach
211 E1ghlh Slnoot
SUI Boach CA90740
R8 40D MIrIlla Dl'1oM PtajecI
~ SlUdy/MllIgaI8d Negallw DaalsnIbon lIB 1
c.... Mr Whdtenblr;
Thank ~ far 1h8 cppor1lmIly \D IIMIlW 1h8 Im1III SIudy/MIbglI\ed NegaM Dedar81l<ln lIB 1 fIlr
the 400 MaMa en.. Prqect Acconl'l1llllllll8 I!IIIIIII SludylMJllg8l8d NegaIMI c.cIalllJon De
1 1h8 praplI8II prIltec\ _ d 1l dsmollbllll d an -..g 10 urnt Sll91e allllY l8SIdan1III 4 1
apar1manlll1ructulll and surface pItIong at8lI 2) a chang, to the Land Ua, EJen18nIlIld Land -
Use Map at the GlIIllnI Plan fram Ccrrvneraal Genn to High Density ResIdential 3) a
conlalllllng Imlllldmenl III 11I1 Zen"", Map 4lappnlVlI CI/ a tentalNe parcelrnsp ID ..... 4
pilfCllll on IIlI_act praperty and 5) conslnlct lour MW amg'" family homes rarc'ng IlIllZll
fram ~ 2 5ClO 1113 OQO sq..... feel on apprIllGlll&fat 0 31 aerea
Thl proposocl proJ8d .. 1oCI1IId Wllhln ilia coutal..". In tha Crty of SnI Beach The
proposad d_pm8flI WIll _ . CllIlIIiIl dawIopmsnl panmI. from 1ha CaIIfamIa CaalaI
CclJlmIlIll/l
The lalawmg _nta edd.....1he IISUll oflhe propaaed project a CllIlIISIIInqIlMth the 4 . 2
Chaptar 3 pol_ at the CIIJ~om.. CoastIII Ad. at 18711 The Cllmmsnta conllImed IIenon 1/8
ptailrrunalY ond "'- d CoIataI Commsslon ltarr only and .hould not lie COIlS1ruId as
......,bng lha oplruon at lIIe CoIataI Comm....n JIoeW As deacnbocl belOW lhl prop-.l
proJIcI...... _.-- \cl IIInlI_
A component Cl/1he pl'ClJ8CI pnlpllS1II CDIlIIISIa at chlngmg the General Plan and ZllrUng
dea'gna'on at llle plIl'ClIll'nlm Gennl CommerCIII' III ReaId..,ba1 HllIh Denally SacIIon
30222 d lIIe CoaatII Ad; pi..... . pnamr on ...1lDr......,g commllf'Cl1ll rlICIUIIanaJ faClldlea 4 _ 3
dllll!lnlllllll enhance pubI'c opparIW1_ far _ ......alIon 0V8I' prMI18 I'IISldentral The
propasal would be rNns"'llllle prapcl&llll use from . htgh... pnonly UM ilia IowIor pnon\)' use
Thus the __ wautd be ___Ill WIIh _ _ afb Co8I1II Ad. TherafOnt
CornmIaaIon stall' l8quesllll/'llt III ana~'. bl concludlld III delllrmme ~lh"", IS auIIIcnmI
convn....'" .....lIIldequ.teIy auppol1...donIlllllle CIlUII/11he ...n.ly
Thank ~ far IIIe apPOr1Unlly III """"""Ill an Ill. IntIlII SIUdylMlbglt.d N"lIIIb\18 CeclllIIlIon
06 1 far 11\I400 MIlr1na OlIve PIOJ8CI CamrrnSSlDJ1 stell rMlUul nolIIrcIban af Iny fu1ure 4 - 4
BclMly .....,1Ied WIth 111III pl1lJecl or ",I.led prqecl!l Pie... nata lh. commenl!l prolllllocl
herein are preliminary In nature Addlbonal and mare speafrc comments may be apprapraatB as
the proJe~ develops Into final form and when an application IS submitted for a ccastal
development permIt Please reel free to contact me at 562-590 5071 WIth any questions
1'1*-2'1-<111116 15 III
__B4
PIl2
Mitigated Negative Declaration 06-1
Responses to Comments
400 Marina Drive Project
11
Letter 4:
California Coastal Commission, March 24, 2006 (Continued)
MlIr-M-I1 13 4TJIII Fra<.llfa'I,1 eallltll
+5IlIIDIDl4
7-111 P all/all F-III
ln1lIoI SllJdy/llllIgolod NogmIue ~n as ,
far the 40Q MlI1n_ Dnve PrD.IICl
Page 20'2
Cc S1alllC~e
H v.,lEJR I\ClIn-.I L.IIeISI4lIlI...... DrMo PraJoaIISS)
~ 1S1B
i562::r.l~1
PII3
Mitigated Negative Declaration 06-1
Responses to Comments
400 Marina Drive Project
12
Response to Comment Letter 4
California Coastal Commission, March 24, 2006
4-1 The comment reviews the project components. The comment raises no
environmental issues regarding the proposed project. No response is necessary.
4-2 The comment indicates the project is within the coastal zone and will require a
coastal development permit and that the following comments are preliminary and
address consistency with the Section 3 policies of the California Coastal Act.
The comment raises no environmental issues regarding the proposed project.
No response is necessary.
4-3 The comment requests that an analysis be conducted to determine if the
proposed land use change from "General Commercia'" to "High Density
Residential" is consistent with Section 30222 of the Coastal Act.
Section 30222 of the Coastal Act places a priority on visitor-serving commercial
recreational facilities designed to enhance the public opportunities for coastal
recreation over private residential uses. The subject property has been zoned for
General Commercial use since 1951 and has never been utilized for a visitor
serving commercial or recreational use, strongly indicating no market demand for
such uses at this location. The project site is small in area (13.667 square feet).
irregular in shape, not located on a main roadway where a visitor serving
commercial use would wish to locate. and when available for purchase as an
existing commercial property was not purchased for those types of use.
The comment raises no environmental issues regarding the proposed project.
No additional response is necessary.
4-4 The comment raises no environmental issues regarding the proposed project.
No additional response is necessary.
* * * *
Mitigated Negative Declaration 06-1 13
Responses to Comments
400 !'IIarina Drive Project
Letter 5:
E-Mail from Pat Kearns, March 24, 2006
From: JOANNPATtalaol.com
Sent: Friday, March 24, 2006 11 :37 PM
To: IwhittenberatalcLseal-beach.ca
Cc: Christy Teague; MAVJKA2000@aol.com; GORSHA@aol.com; sbvosttaladelDhia.net
Subject: 400 Marine Drive Lot Split (10 units to four houses)
Dear Mr. Whittenberg,
I read about the subject aellon In the Sun. I have visited the site, 400 Marine Drive and found there are 10
marked off street parking places and 10 units. I have no prablem with the proposed change as long as
the City is not hurt by giving up the low cost housing, and the local neighborhood is not hurt by giving up 5 _ 1
10 off street parking places. As you know there have been many 25' wide lots formed in the OLD TOWN
portion of Seal Beach during the past few years. No thought has been given to the effects of these 25'
wide lots on local "on-street" parking. The city does not enforce It's parking codes in the alleys nor the
streets of the residential neighborhoods. The enclosed paper outlines the problem end suggests possible
solutions. It Is necessary lhatthe city prateellhe off street parking artlUnd 400 Marine Drive.
The ergumentthat a 20' x 22' parking pad, off the alley in front of the garage to allow 4 cars off street, will 5 _ 2
not allow an adequate size house, Is not valid. A 25' x 100' lot will allow living space of 19' x 46' (1 st
floor); 19' x 78' (2nd floor) and 19' x 40' (3rd floor) for a total of more than 3100 SF. Most homes now
selling in the $1,600,000 +{- range have 2500 to 2800 SF.
Please consider making a condition of this change: each of the residential lots have at least 4 off street
parking places (two In garage and two on a parking pad in frant of the garege off the alley). Also check 5 - 3
that the finished interior first floor level Is at least 30" above the highest point in the street gutter flow line.
This area has flooded.
Thank you for your consideration,
Pat Kearns
209 15th Street
Seal Beach, CA 90740
562.594.3885
Mitigated Negative Declaration 06-1
Responses to Comments
400 Marina Drive Project
14
Response to E-Mail Message 5
Pat Kearns, March 24, 2006
5-1 At the time of development of the current off-street parking standards for
residential properties the impact upon the community was considered by the
Planning Commission and City Council. The proposed project complies with and
exceeds the minimum off-street parking requirements of the City. The comment
raises no environmental issues regarding the proposed project. No additional
response is necessary.
5-2 The comment is incorrect in that the development standards of the City do not
allow for a 3-story structure to be developed on a 25-foot wide lot. Three story
structures are permitted only on the rear half of lots that are greater than 37.5
feet in width. The comment raises no environmental issues regarding the
proposed project. No additional response is necessary.
5-3 The project as proposed complies with all parking requirements of the City and
the City cannot impose additional parking standards at the General Plan, Zone
Change. or Parcel Map approvals, as there is no planned development or
specific plan requests before the City that would allow the City to impose a more
restrictive standard. As identified in the Draft Mitigated Negative Declaration, the
property is not within an identified flood hazard zone. Please refer to pages 5.8-7
and 5.8-8 to review the discussion on this issue. The comment raises no
additional environmental issues regarding the proposed project. No additional
response is necessary.
* * * *
Mitigated Negative Declaration 06-1
Responses to Comments
400 Marina Drive Project
15
Public Meeting: City of Seal Beach Environmental Quality Control Board
Meeting Minutes, March 15,2006 (Minute Excerpt)
3. Review Document and Provide Board Comments and Receive Public
Comments - Initial Study/Mitigated Negative Declaration 06-1, 400
Marina Drive Project.
Recommendation: Receive presentation from Staff regarding the
proposed project and the environmental review process. Receive
proposed Initial Study/Mitigated Negative Declaration (MND). Receive
and File Staff Report.
Staff Recort:
Ms. Teague delivered the staff report. (Staff Report is on file for inspe~ion in the
Planning Department.) She provided some background information on this item
and explained that the application is to construct four single-family residences on
a property within the C-1 Zone that currently has an apartment building on it,
which was originally used as a motel. She stated that this would require a
General Plan Amendment (GPA), Zone Change (ZC), and approval of a
Tentative Parcel Map, as well as the Initial Studyl MND.
Member Barton expressed her concern over the current apartment residents
being displaced. Ms. Teague stated that there are legal notice requirements of
30 days, but the California Coastal Commission (CCC) sometimes sets higher
standards for relocation of residents within the Coastal Zone if there are more
than 10 households to be relocated. She stated that when this property was
purchased there were only 8 tenants, and they will be notified of the sale of the
property and the proposed plans. She indicated that the approval process for the
City and Coastal Commission would take at least 6 months to complete, _
providing sufficient time for tenants to relocate. Member Barton stated that there
is currently a "For Renr sign on this property, and wondered if potential tenants
would be made aware of the need to vacate within a short time.
Chairperson Voce stated his concerns over the control of fugitive dust during the
construction phase. Member Hurley interjected that he believes the MND
addresses this fairly well.
Member Hurley provided comments on the following items as indicated:
Pg 1-2, Line 11
Noise. Should read: "... equipment and delivery trucks
complies with the City's Noise Ordinance and the City
Council Policv 600-11. which has to do with noise durina
construction. "
6-1
Mitigated Negative Declaration 06-1
Responses to Comments
400 Marina Drive Project
16
Public Meeting: City of Seal Beach Environmental Quality Control Board
Meeting Minutes, March 15,2006 (Continued Minute Excerpt)
Ms. Teague interjected that MND 06-1 has already been released, but she will
note that this information should have been included, and Staff will be preparing
a Response to Comments for any comments received, and will also prepare the
final Mitigation Measures based upon these comments.
Member Hurley continued.
Pg 3-13
Photograph at bottom of page did not copy well and is} 6 . 2
worthless.
Pg 5.3-7,
Table 5.3-1
Title should read: Estimated Localized Significance
Threshold Emissions In Pounds Per Day
Cannot understand why City Staff persists in excusing an
impact because it is short term or because a substantial
number of people would not be affected. Member Voce
added that exhaust fumes from machinery can be 'pretty
nasty" when it goes on for hours.
Pg 5.5-1 thru -9 Cultural Resources. Staff has done a wonderful job of
covering this issue.
Pg 5.3-7, (e)
Pg 5.11-2, (a)
line 7 Existing residences adjacent to the project are 2 feet from the
property line and are going to be heavily impacted by the construction noise.
Pg 5.11-2, (a)
2nd Para, Line 6
Text stating, " These residential areas could face a sliaht }
increase in noise levels. . . "is very misleading.
Pg 5.11-2, (a)
3rd Para, line 1
Text stating" The above impacts, however, are short-term
and would cease upon completion of the
grading/construction phase. "is also misleading, as the term
"short-term" is subjective, and this construction will take 8-10
months.
Pg 5.11-3,
1st Para, Line 14 Same comment regarding the term "short period. . . "
MItigated Negative Declaration 06-1
Responses to Comments
4.00 Marina Drive Project
} 6-3
6.4
} 6.5
} 6-6
6-7
6-B
}
6-9
17
Public Meeting: City of Seal Beach Environmental Quality Control Board
Meeting Minutes, March 15,2006 (Continued Minute Excerpt)
Pg 5.11-3,
3rd Para, Line 4
Change text from "Measure N-1 through N-4," to "Measure} 6 -10
N-1 through N-5, ..
Pg5.11-4&
Page 6-10
Move that the following resolution be adopted by the
Environmental Quality Control Board as Resolution 06-1,
dated March 15,2006, and added as Mitigation Measure N-
1 :
"RESOL VED: That the Environmental Quality Control Board
urges City staff to revise the ISlMND for the 400 Marina
Drive Project to include appropriate discussion of the
importance of City Council Policy 600-11 and to include an
additional Mitigation Measure detailing the City's intention to
enforce Policy 60D-11. ..
MOTION by Hurley; SECOND by Neal to adopt Resolution 06-1, dated March 15,
2006, as presented for inclusion in Mitigated Negative Declaration 06-1 as
Mitigation Measure N-1.
6 -11
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Voce, Barton, Hurley, Neal, and Vineyard
None
None
.. * *
Mitigated Negative Declaration 06-1
Responses to Comments
4.00 Marfna Drive Project
18
Responses to Public Meeting
City of Seal Beach Environmental Quality Control Board Meeting
Minutes, March 15, 2006
6-1 The comment does raise any additional environmental issues; it clarifies
the discussion already set forth in Section 5.11, Noise, on page 5.11-3. In
future summary statements the City will refer to Policy Statement 600-11
which sets forth standard mitigation measures to be imposed based on
project specific construction-related noise impacts.
6-2 This comment does not raise an environmental issue. No response is
necessary.
6-3 This comment does not raise an environmental issue regarding the
project; it requests clarification of the title of Table 5.3-1 of the document.
The Title of the Table is corrected as requested.
6-4 This comment does not raise an environmental issue regarding the
project; it states an opinion regarding odors during construction activity
different from that indicated within the document.
6-5 This comment does not raise an environmental issue regarding the
project. No response is necessary.
6-6 This comment states a conclusion similar to that noted in the Mitigated
Negative Declaration regarding noise levels generated by the proposed
project. The Mitigated Negative Declaration indicates that the project will
have noise impacts that are considered to be .Potentially Significant
Unless Mitigation Incorporated", and sets forth Mitigation measures N-1
through N-4 on page 5.11-4 to reduce impacts to a less than significant
impact.
6-7 This comment does not raise an environmental issue regarding the
project, it states an opinion regarding noise levels during construCtion
activity different from that indicated within the document.
6-8 This comment does not raise an environmental issue regarding the
project, it states an opinion regarding noise levels during construction
activity different from that indicated within the document.
6-9 This comment does not raise an environmental issue regarding the
project, it states an opinion regarding noise levels during construction
activity different from that indicated within the document.
6-10 Refer to Response 4-11, below.
Mitigated Negative Declaration 06-1
Responses to Comments
490 Marina Drive Project
19
Responses to Public Meeting
City of Seal Beach Environmental Quality Control Board Meeting Minutes,
March 15, 2006 (Continued)
6-11 The Mitigated Negative Declaration discusses City Council Policy 600-11
on page 5.11-3 in the paragraph above "Lona-Term Noise Exposure", and
the mitigation measures set forth within that Policy that are relevant to the
proposed project are accurately and completely reflected within Mitigation
Measures N-1 through N-4. All appropriate Mitigation Measures set forth
in City Council Policy 600-11 are already proposed. No revision to the
Mitigation measures are required, as the requested new mitigation
measure does not impose any additional mitigation measures over those
alrea~y set forth in the document.
Proposed Mitigation Measures N-2 through N-4, on page 5.11-4 of the
Mitigated Negative Declaration, are the same mitigation measures set
forth in City Council Policy 600-11, under .Standard Mitigation Measures.
on page 2 of 4. The remaining mitigation measures set forth in City
Council Policy 600-11 relate to pile driving or are not feasible to implement
due to the small size of the project site. As an example, it is not feasible
to require construction staging to be more than 500 feet from existing
residences, as the property is only between 80 and 150 feet in width and
is 117.5 feet in depth. There is no area on the property more than 500
feet away from adjoining residences.
Mitigation Measure N-1 requires the project applicant to provide notice to
surrounding residents within 500 feet of the anticipated construction
activity dates and times when substantial noise is anticipated to occur, in
conformance with the provisions of the fifth mitigation measure set forth on
Page 3 of 4 of Policy 600-11
.. * *..
Mitigated Negative Declaration 06-1
Responses to Comments
4.00 Marina Drive Project
20