Loading...
HomeMy WebLinkAboutPC Res 1578 - 1990-05-09 . . . ~ RESOLUTION NUMBER 1578 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH RECOMMENDING APPROVAL OF VESTING TENTATIVE TRACT MAP 13198 LOCATED IN THE HELLMAN SPECIFIC PLAN AREA The Planning Commission of the city of Seal Beach does hereby resolve: WHEREAS, an application has been filed by Mola Development Corporation, Newport Beach, California for vesting Tentative Tract Map No. 13198, requesting approval for a 329 lot subdivision on 149 gross acres to build 329 single family homes; and WHEREAS, the property is described as a portion of the Hellman specific Plan area and is located north of Marina Hill, west of Seal Beach Boulevard, east of the Haynes cooling channel, and northeast of Pacific Coast Highway; and WHEREAS, the applicant is proposing to subdivide the property in order to construct roads, public parks, restored wetlands, and 329 single family homes on individual lots; and WHEREAS, an Environmental Impact Report and Supplemental Impact Report prepared and certified pursuant to CEQA demonstrate that vesting Tentative Map 13198 will have no significant impact on the environment that will not be mitigated to a leyel of insignificance; and WHEREAS, the Planning Commission of the City of Seal Beach held a duly noticed Public Hearing on May 9, 1990 and has reviewed and considered the proposed Vesting Tentative Tract Map, at which time both written and oral evidence was received. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Seal Beach does hereby make the following findings on the Vesting Tentative Tract Map 13198: 1. That the proposed Map is consistent with applicable General and Specific Plans, both the existing General and specific Plans insofaras those plans are not proposed to be amended and the amendments thereto proposed by staff and by the Planning Commission, in that the Map would allow the construction of 329 single family homes with a gross density of 2.2 dulac, which is consistent with the General Plan designations. In particular, the Map is consistent with the draft Housing Element proposed by staff and recommended by the Commission. . . . 2. That the site is physically suitable for the type of development. 3. That the site is physically suitable for the proposed density of development. 4. That the design of the subdivision will not cause substantial environmental effects as all mitigation measures contained in the EIR and Supplemental EIR done for the project to protect the environment will be implemented. 5. That the design of the subdivision is not likely to cause serious public health problems because all necessary utilities and services are available to serve the project. 6. The design of the subdivision will not conflict with easements acquired by the public at large for access through, or use of, property within the proposed subdivision because all easements will be adequately preseryed, maintained and/or relocated. 7. That discharge of water from the subdivision into the existing community will not violate existing requirements prescribed by the local regional water quality control board. 8. That the project protects and restores the wetlands on site, and final approyal by the Department of Fish and Game and the U.S. Corps of Engineers of this wetlands configuration is required prior to recordation of final maps. 9. That the subdivision map provides for the preservation and enhancement of the Gum Grove area, the project will ensure new plantings and maintenance of the current number of trees. 10. That the vesting Map is subject to Federal and state laws, and the Map could be affected if it conflicts with the provision or enforcement of these regulations and conditions that have been placed on this Map reflecting these regulations. 11. Pursuant to Section 15168 of the CEQA Guidelines, a program EIR and supplemental EIR have been prepared by the city of Seal Beach and certified and a Supplemental EIR has been prepared and certified by the City, and this subdivision is within the scope of the certified program EIR and Supplemental EIR, which adequately describe the general environmental setting of the project, its significant environmental impacts, and the alternatives and mitigation measures related to each . . significant environmental effect, and no additional environmental documentation is needed. 12. Pursuant to Government code, section 65590(d), the Planning commission of the city of Seal Beach finds it is not feasible within the meaning of section 65590(g){3) for the Applicant to provide housing units for persons and families of low or moderate income, as those terms are defined Health , Safety Code, Section 50093, on the project site. This finding rests on the following economic environmental, social and technical factors, which prevent the Applicant from providing such housing within a reasonable period of time and at a reasonable cost: (a) The proposal has been greatly reduced in density from previous proposals to mitigate its environmental impact thus reducing its economic potential; and (b) The proposal includes the restoration and preservation of 41.4 acres of wetlands at the expense of the Applicant; and (c) The proposal includes the construction, improvement, and maintenance of infrastructure and public parks at the expense of the Applicant; and (d) Low or moderate income housing would displace market-rate housing thus reducing the Applicant's economic means to restore the wetlands and provide the infrastructure and parks while making a resonable return on its investment and also reducing the ability of the homeowners association to support the maintenance of these facilities; (e) The sales prices of the units as proposed is already quite high, making the subsidy necessary to generate low and moderate income housing on this site prohibitively expensive. The facts stated above as to the economic limitations of the peoject find support in the June 13, 1987 report of Kotin, Regan & Mouchly, which is on file in the Office of the City Clerk and is incorporated herein by this reference, and the May 3, 1990 letter submitted by Applicant's counsel, which is likewise incorporated by this reference, is supported by the public policy goals expressed in the California Environmental Quality Act and the statutory and constituttional provisions for the protection of open space lands, California Constitution, Art. XIII, Section 8; Government Code, section 65561. . . NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of the City of Seal Beach does hereby approve vesting Tentative Tract Map 13198 to the city Council, subject to the City's approval of the corollary Specific Plan amendment and Develoment Agreement. PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at a meeting held on the 9th day of May 1990, by the following vote: AYES: Councilmembers Rullo, Fife. McCurdY. SharD ABSTAIN: Councilmember Forsythe NOES: Councilmembers ABSENT: Councilmembers fI~f Sharp, Chairman I' Commission ATTEST: / IL~ H. hit~enberg, Secreta ~ Planning commission