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Home My WebLink AboutPC Res 98-21 - 1998-06-03 " '. RESOLUTION NUMBER 98- 21 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH ADOPTING NEGATIVE DECLARATION 98-1, APPROVING VARIANCE 98-3 AND APPROVING TENTATIVE PARCEL MAP 98-126, ALLOWING FOUR PARCELS WITH LESS THAN 50 FEET OF STREET FRONTAGE AND ONE PARCEL WITH LESS THAN 5,000 SQUARE FEET OF LAND AREA AT THE NORTHEAST CORNER OF BALBOA AVENUE AND PACIFIC COAST HIGHWAY (AVALON HOMES) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On April 14, 1998 Scott Redsun, on behalf of Avalon Homes submitted an application for Variance 98-3 and Tentative Parcel Map 98-126 with the Department of Development Services. Specifically, the applicant is proposing to re-divide four (4) lots to provide an additional lot, for a total of five (5) lots, and to construct five (5) single family residences on the lots. Variances are requested to permit interior lots with less than 50 feet of street frontage for parcels I through 4, and to allow parce15 to contain less than 5,000 square feet of land area (4,918 square feet). Section 2. Staff has prepared and circulated an Initial Environmental Assessment and proposed Negative Declaration as required by the California Environmental Quality Act (CEQA). The comment period on Negative Declaration 98-1 will end on June 3, 1998. As of June 3, 1998, The City has received a response on the proposed Negative Declaration from Caltrans indicating no comments on the Negative Declaration. Section 3. A duly noticed public hearing was held before the Planning Commission on June 3, 1998, to consider the application for Variance 98-3 and Tentative Parcel Map 98-126. At the public hearing the applicant spoke in favor of the request, with persons appearing both in favor of and in opposition to the request. Section 4. The record of the hearing of June 3, 1998 indicates the following: (a) On April 14, 1998 Scott Redsun, on behalf of Avalon Homes submitted an application for Variance 98-3 and Tentative Parcel Map 98-126 with the Department of Development Services. (b) Specifically, the applicant is proposing to re-divide four (4) lots to provide an additional lot, for a total of five (S) lots, and to construct five (5) single family residences on the lots, Variances are requested to permit interior lots with less than SO feet of street frontage for parcels 1 through 4, and to allow parce15 to contain less than 5,000 square feet ofland area (4,918 square feet). C:\My DocumentslRESOW.rianco 98-3.PC.docILWl06-11-98 '. Negal/ve Dec/arallOn 98-], Vantz""e 98-2 & Tellltzl/ve Parcel Map 98-]26 Planning co/Nill.won Resolution No 98-2] Jane 3, ]99Il (c) The subject property is located on the northeast comer of Pacific Coast Highway and Balboa Drive, with primary street frontage on Marble Cove and Crystal Cove Ways. The subject property is currently vacant. (d) The subject property is legally described as Orange County Assessor's parcel number 043-262-12. (e) The subject property is presently vacant and has been subdivided in the past into four (4) single family parcels. The existing four parcels comprise approximately 27,165 square feet. (t) The proposed tentative parcel map and variance requests will re- subdivide the three (3) most westerly parcels into four (4) parcels, with the most easterly parcel not being affected. (g) The surrounding land uses and zoning are as follows: NORTH Single-family dwellings located in the Residential Low Density zone, (RLD). SOUTH Across Pacific Coast Highway to the south and south-west are a mixture of commercial uses fronting on Pacific Coast Highway, with residential uses and day care facilities and Zoeter Field located to the rear of the commercial development. The commercial areas are zoned General Commercial (C-2) , while the residential areas are zoned Residential High Density (RHD), and the day care facilities and Zoeter Field are zoned Public Land Use/Recreation (PLU/R) EAST Single-family dwellings located in the Residential Low Density zone, (RLD). WEST A commercial shopping center in the Service Commercial zone (C-I). (h) City has received no comments, written or other, in response to the mailed/published notices of the hearing on Negative Declaration 98-1, Variance 98-3 or Tentative Parcel Map 98-126. Section 5. Based upon the facts contained in the record, including those stated in ~4 of this resolution and pursuant to Chapter 21, Subdivisions; and Sections 28-401(1)(a) and 28-2500 through 28-2503 of the City's ~, the Planning Commission makes the following findings: (a) The proposed Negative Declaration adequately discloses the potential environmental impacts of the proposed variance and tentative parcel map, and no substantial adverse environmental impacts will result upon the approval of the subject requests. (b) There is no substantial evidence that the approval of Variance 98- 3 and Tentative Parcel Map 98-126 will have a significant effect on the environment. The project involves no potential for adverse effect, either individually or cumulatively, on wildlife resources and will not have an adverse impact on fish and wildlife. The Planning Commission directs the Director of Development Services to file the appropriate De Minimis Impact Finding for the California Department of Fish and Game Certificate of Fee Exemption. Vanancc 98-3.PC.doc 2 . Nega/lVe Vedara/lOn 98-1, VarIance 98-2 & T.,Ila/lve Parcel Map 98-126 P/JJnmng Cmrull"sion Re>olahon No 98-21 June 3, 1998 (c) Variance 98-3 is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a "Low Density Residential" designation for the subject property and permits single family residential uses. The use is also consistent with the remaining elements of the City's General Plan, as the policies of those elements are consistent with, and reflected in, the Land Use Element. Accordingly, the proposed use is consistent with the General Plan. (d) Because of special circumstances applicable to the subject property, including size, shape and location, the strict application of the zoning code would deprive such property of privileges enjoyed by property in the same vicinity and zone. With regard to the applicant's request for street frontage less than the required minimum, the subject property is located on a cul-de-sac immediately adjacent to Pacific Coast Highway, with commercial properties located immediately to the West and South. The proximity of the highway and the commercial property, along with the layout of the existing residential neighborhood makes it necessary to orient the frontage of the proposed residences around the interior of the "knuckle" intersection, rather than the more expansive exterior, which would front in part on Pacific Coast Highway. This interior orientation has the result of significantly reducing the available street frontage space. Strict application of the zoning code's minimum 50-foot frontage would, therefore, result in the applicant's inability to maximize the number of otherwise legal buildable lots. With regard to Parcell, for which a variance is requested in the minimum lot size, the requested minimum lot size reduction of approximately 82 square feet is caused solely by the City's requirement that part of the property be dedicated to the City so that the City can correct the geometry of this existing intersection. Absent a variance, this unique circumstance would render the otherwise legal parcel undevelopable under a strict application of the Code. (e) The granting of this variance would not be the granting of a special privilege inconsistent with other limitations on other properties in the same vicinity and zone. Specifically, due to the property's location, the requested variances are in keeping with the minimum street frontages existing on 24 other legal parcels within the "Cove" area that are located on cul-de-sacs or on interior "knuckle" intersections. (f) The site is physically suitable for the type and density of development proposed, will not conflict with easements acquired by the public at large, and the proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan, and is compatible with the objectives, policies, general land uses, and programs specified in the General Plan. Section 6. Based upon the foregoing, the Planning Commission hereby adopts Negative Declaration 98-1 and approves Variance 98-3 and Tentative Parcel Map 98-126, subject to the following conditions: 1. Variance 98-3 and Tentative Parcel Map 98-126 is approved for the creation of four parcels of land in accordance with the subdivision design of Tentative Parcel Map 98-126. 2. All new construction on the subject property shall comply with all development standards of the Low'Density Residential (LDR) zone. 3. All construction shall be in substantial compliance with the plans approved through Variance 98-3 and Tentative Parcel Map 98-126. 4. A ten (10) foot high perimeter wall shall be constructed along Balboa Drive and Pacific Coast Highway. 5. Prior to the issuance of any building permit, an acoustical analysis report describing the acoustical design features of the structures required to satisfy the Variance 98-3.PC.doc 3 . . Negatl_e DeclaratIOn 98-1, Vanance 98-2 & Tellla/.v, Parcel Map 911-126 Planning COIIIIII...SUIII ResolU/lOn No 98-21 J.llle 3, 1998 interior noise standard shall be submitted to the Director of Development Services for approval along with satisfactory evidence that the sound attenuation measures specified in the acoustical analysis report have been incorporated into the design of the structures. 6. Prior to the issuance of any Certificates of Use and Occupancy, field testing in accordance with Title 25 regulations shall be required to verify compliance with all applicable design standards. A compliance report shall be submitted to the Director of Development Services. 7. All Parks and Recreation and Transportation Facilities and Program Development Application Fees shall be paid prior to issuance of building permits: Parks and Recreation Impact Fee, $10,000 per housing unit; Transportation Facilities and Program Development Application Fee, $1,140 per housing unit. 8. Project Plans shall be in conformance with the City of Seal Beach's Standard Plans and criteria of the Engineering Department, and shall conform to plan submittal encroachment procedures. 9. Curb and gutter and sidewalk shall be replaced within the limits of the Tentative Parcel Map 98-126. 10. Parkway Trees shall be required and placed at an interval of one to a lot, with said lot described within Tentative Tract Map 98-126 and Lot 80 of Tract No. 2591. Parkway trees shall be 24" box with root barriers and shall adhere to the City of Seal Beach's "Street Tree Policy and Administrative Guidelines". The developer shall plant turf and shall install an irrigation system within the parkway area for each said lot described within Tentative Tract Map 98-126 and Lot 80 of Tract No. 2591. The developer shall install the above landscaping and trees within the parkway prior to final inspection and issuance of occupancy permits for the residential structures. I I. The developer shall disclose to the property owners of Parcel 2 and Parcel 3 of Tentative Tract Map 98-126 the existence of a ten (10) foot sewer line easement, five (5) feet in width from each side of property line, and paralleling the common property line. The developer shall disclose to the property owners of Parcel 2 and Parcel 3 the existence of construction restrictions over said sewer line easement. Said disclosure shall be recorded against the title to each property and shall approved by the City Attorney. 13. The City will vacate the sewer line easement paralleling Parcel 3 and Parcel 4 of Tentative Tract Map 98-126 and sewer line easement of Parcel 3 of Tentative Tract Map 98-126 paralleling Pacific Coast Highway and convey said property to said parcels. The developer shall convey to the City a ten (10) foot wide sewer line easement, five (5) feet in width from each side of the common property line of Parcel 2 and Parcel 3 of Tentative Tract Map and parallel to said lots. 14. The developer shall dedicate 1,352 square feet as street right-of-way along Balboa Drive and adjacent to the property site as specified on Tentative Parcel Map 98-126 and Lot 80 of Tract 2591. As full and adequate consideration for said dedication. The City shall waive the Public Works construction and engineering fees in an amount not to exceed $30,400 and shall reconvey the existing sewer line easement. 15. This Variance and Tentative Parcel Map shall not become effective for any purpose unless an "Acceptance of Conditions" form has been signed by the applicant in the presence of the Director of Development Services, or notarized Variance 98-3.PC.doc 4 '. . , Negalive Declara/lOn 9R-J, Vallance 98-2 & Ten/alive Parcel Map 98-126 Pla,m;llg Comllu~jlOn Re301,.,wn No 98-21 June 3, J99R and returned to the Planning Department; and until the ten (10) day appeal period has elapsed. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 301 day of June 1998, by the following vote: A YES: Commissioners Hood, Larson, Law, and Chainnen Brown NOES: Commissioners None ABSENT: Commissioners None ~-~~~ Bri . Brown, Chairman of the Planning Commission Whittenberg Secretary of the Planning Commission Variance 98-3.PC.doc 5