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HomeMy WebLinkAboutPC Res 01-02 - 2001-02-07 RESOLUTION NO. 01-2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH RECOMMENDING TO THE CITY COUNCIL DENIAL OF TENTATIVE TRACT MAP NO. 15832 (321 SEAL BEACH BOULEVARD - AVALON HOMES) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. On December 5, 2000, Avalon Homes ("Applicant") submitted Tentative Tract Map No. 15832 ("application") to thc City of Seal Beach. The Applicant seeks approval to subdividc an existing 22,885 square foot parcel into 8 lots, in conformance with the provisions of the Subdivision Map Act, the Seal Bcach General Plan and Zoning Ordinance. Section 2. The City Council adopted Ncgativc Declaration 98-3 on December 14, 1998. Negative Declaration 98-3 evaluated the envirornnental impacts of the neccssary General Plan Amendments and Zone Change to allow construction of 8 singlc family homes that would be constructed upon approval of thc rcquested Tract Map. In adopting Negative Declaration 98-3, the City Council found in Section 6(b) of City Council Resolution No. 4671 that "There is no substantial evidence in the record, which would support a fair arl:,rument that approval of the applications, with requircd mitigation measures, might have a significant environmental impact". Set.iion 3. A duly noticed public hearing was held by the Planning Commission on January 17,2001 to consider Tentative Tract Map 15832. The public hearing was duly continued to February 7, 2001. At the public hearings, Applicant's representatives spoke in favor of the project, and several other persons spoke in favor of the request. Set.iion 4. The record of the hearings indicates thc following: (a) Applicant seeks to subdivide an existing 22,885 square foot parcel into 8 lots. (b) Applicant is proposing to subdivide the property in accordance with the current provisions of the Subdivision Map Act, the Scal Beach General Plan, and the Zoning Ordinance of the City of Seal Beach. (c) The proposed project is consistent with the Land Usc Elemcnt of the City of Seal Beach General Plan. The adopted "Land Use Element" map was revised by City Council Resolution No. 4672 on December 14, 1998 relative to the subjcct project. This map indicatcs the subject property to be located in a medium density residential land use classification. (d) Said Tentative Parccl Map is also consistent with the Zoning Map of thc City of Seal Beach, which indicates the subject property is zoned Residential Medium Density, RMD, and is in conformance with the Land Use Element of the General Plan. The approved "Zoning" map was revised by City Council Ordinance No. 1442 on December 14, 1998 relative to the subject project. This map indicates the subject property to be located in a medium density residential land use classification, and that zoning shall not bc cffcctive unless and until the City Council approves a Final Tract Map, Lot Line Adjustment, or Agreement to allow the construction of 8 single-family residences. C \My DocumentslRESOlTIM 15832 PC DenIal Row doclLWl02-08-01 Planning Commission Resolution 01-2 Tentative Tract Map No. 15832 Avalon HOllies, 321 Seal Beach Boulevard February 7, 2001 (e) Tentative Tract Map 15832 will create the requested land subdivision. A summary of the proposed land subdivision is provided bclow: [J 8 lots, with a minimum lot size of 2,635 square feet, and a maximum lot size of 3,029 square feet (minimum lot sizc of2,500 square feet permitted in the Residential Medium Density (RMD) Zone), with the following parcel breakdown: [J Parcel 1- 2,749 square feet, 27.18 feet offrontagc [J Parcel 2 - 2,961 square fcct, 29.00 feet of frontage [J Parcel 3 - 2,956 square feet, 29.00 feet of frontage [J Parcel 4 - 2,645 square feet, 26.00 feet of frontage [J Parcel 5 - 2,945 square fcct, 29.00 feet of frontage [J Parcel 6 - 2,635 square feet, 26.00 feet of frontage [J Parcel 7 - 2,934 square feet, 29.00 feet of frontage [J Parcel 8 - 3,029 square feet, 30.00 feet of frontage (t) Subsequcnt to the adoption of Negative Declaration 98-3, groundwater contamination originating from an adjoining propcrty has caused groundwater contamination on the subject property. The Santa Ana Rebrional Water Quality Control Board ("Santa Ana RWQCB") has been supervising and monitoring the appropriatc on-site and off-site remediation activities and plans. On September 19, 2000, the Santa Ana RWQCB issued a lettcr indicating no further investigation or remediation is required for Lots #1 through #7 of Tract Map 15832, and that minor contamination is restricted to Lot #8 of Tract Map 15832. Thc City has prepared, and the Planning Commission has reviewed, an "Addcndum to Negative Declaration 98-3" that sets forth these minor additions to Negative Declaration 98-3. (g) As proposed to be conditioned, new construction activities cannot occur on Lot 8 of the subject tentativc tract map, including grading, until an additional clearance lettcr is rcceived by the City of Seal Beach pertaining to Lot #8, still under the review and authority of the Santa Ana Regional Watcr Quality Control Board. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Seal Beach does hereby make the following findings regarding Tentativc Tract Map 15832: 1. The site is not physically suitablc for the proposed density of development and is inconsistcnt with the Planning Commission's desire that the City Council require all of the subject lots to be a minimum of30-fect wide. 2. Thc Planning Commission is of the opinion that no residential dcvclopment should occur until such time as all of the subject building sites have received the appropriate clearance from the Regional Water Quality Control Board. 3. In regards to all of the other required findings to approve a subdivision map, the Commission finds the project consistent with the General Plan, Zoning Ordinance, Subdivision Ordinance, the Subdivision Map Act, and in compliance the provisions of the California Environmental Quality Act. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of thc City of Seal Beach does recommend denial of Tcntative Tract Map 15832. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City ofScal Beach at a meeting theroofheld on the 7th day of February 2001 by the following vote: I'I M 15832 PC Dental Reso 2 Planmng Commission Resolution 01-2 Ten/alive Tract Map No. 15832 Avalon Homes, 321 Seal Beach Boulevard February 7, 2001 AYES: Commissioners Brown, Cutuli, Lyon, and Chairman Hood NOES: Commissioners Sharp ABSENT: Commissioners ABSTAIN: Commissioners 1TM 15832 PC Delllal Rosa 3