HomeMy WebLinkAboutCC Ord 1384 1994-07-25
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ORDINANCE NO. $9'1
AN ORDINANCE OF THE CITY OF SEAL BEACH
APPROVING ZONE CHANGE 94-2, CHANGING
THE ZONING OF NINE (9) LOTS FROM
RESIDENTIAL MEDIUM DENSITY (RMD) AND
THREE (3) LOTS FR.OM GENERAL COMMERCIAL
(C-2) TO LIMITED COMMERCIAL (L-C) AT 1600
PACIFIC COAST HIGHWAY (MITCHELL LAND
AND IMPROVEMENT COMPANY)
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY
ORDAIN :
WHEREAS, the City has adopted Negative Declaration 94-4, through the adoption of
Resolution No. 3421, which is incorporated herein by reference. Said Negative Declaration
represents the independent judgment of the City of Seal Beach.
NOW, THEREFORE BE IT ORDAINED that the City Council of the City of Seal
Beach does hereby approve Zone Change 94-2, changing the zoning from "General Commercial"
(C-2) and "Residential Medium Density" (RMD) to "Limited Commercial" (L-C), as exhibited
in "Attachment A", subject to the following conditions:
1.
Zone Change 94-2 is hereby approved changing the zoning of nine (9) lots from
Residential Medium Density (RMD) and three (3) lots from General Commercial (C-2)
to Limited Commercial (L-C) as exhibited in "Attachment A",
2. Prior to the issuance of any building permits for development on the subject property,
the applicant shall conduct a noise analysis for each of the proposed residential lots using
appropriate modeling techniques to simulate noise dampening which will occur as a result
of walls, the proposed new commercial construction, dual glazed windows, etc. No
building permits will be issued for any residential structure until the noise analysis
indicates the proposed structure will meet the noise requirements of the Code of the City
of Seal Beach.
3. The applicant shall draft a reciprocal parking agreement for the three (3) commercial
buildings and shall provide said agreement to the City for review and approval prior to
Building Permit issuance.
4. An eight (8') foot block wall shall be installed between the commercial properties and
the adjacent residences,
5.
All utilities to the commercial properties shall be located underground along the entire
length of the project. The residential properties may continue to be serviced overhead
until such time as the remainder of the properties located along the 16th Street and 17th
Street alleys are placed underground,
6,
The applicants shall meet all additional conditions placed upon the proposed use during
the plan check process by any sanctioning body including, but not limited to, the City's
Building and Engineering Departments, the Orange County Fire Department, the
California Coastal Commission and CALTRANS.
Ordinance Number .~~Af~
7, A trash enclosure matching the adjacent eight (8) foot block wall shall be installed off
of the alley at each of the three (3) commercial lots as indicated on the site plan.
8. All light and glare shall be maintained on the subject properties, In conjunction with
building plan check, the applicant shall prepare and submit a comprehensive lighting plan
for the property in a form acceptable to the Director of Development Services,
9.
Prior to the issuance of any building permits for development on the subject property,
the applicant shall receive necessary clearances from all applicable state and local
agencies indicating the site is free from soil/groundwater contamination to a level
acceptable to said agencies.
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10. A final landscape plan shall be designed and submitted to the Department of
Development Services for review and approval prior to issuance of a building permit.
Said landscape plan will identify the following:
a. Plant types, sizes, location and irrigation proposed. Native, drought tolerant
species are encouraged.
b. Percentage of landscaped area for each of the three commercial buildings. Said
landscaped area shall not be less than 10% for any of the commercial lots,
c. The proposed location of all street trees required by the City. Said location and
types of trees to be reviewed and approved by the City Engineer.
d. All irrigation shall comply with the provisions of the State model water efficient
landscape ordinance.
I I. The applicant shall install a fire hydrant at the southeasterly corner of Pacific Coast I
Highway and 17th Street. The exact location to be provided by the City's Engineering
Department. Said fee shall be paid prior to issuance of a Certificate of Occupancy for
any new structure on the subject properties,
12. The applicant shall pay the City a fee of $10,000 per unit ($20,000 total) to offset
impacts on the City's parks and recreation facilities caused by the addition of two (2)
new residential dwelling units to the City's housing stock. Said fee shall be paid prior
issuance of building permits for either of the residential properties.
13, The applicant remains bound by all conditions of approval of Height Variation 94-4.
14. All construction shall be in substantial compliance with the plans approved through Zone
Change 94-2.
15. The applicant shall dedicate to the City all development rights with respect to the
southerly three (3) feet of the commercial properties, provided however, that if the two
(2) residential properties which abut that southerly three (3) foot area are developed with
permanent residential structures set back from the property line between the commercial
and residential lots, by three (3) feet, or such greater distance as is then required by the
City ~, ~his dedication shall be void,
16. The most northwesterly located ground water monitoring well shall be maintained until I
such time as it is determined unnecessary by the Orange County Department of
Environmental Health. .
17. This Zone Change 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 and returned to the Planning Department; and until
the ten (10) day appeal period has elapsed.
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Ordinange Number ~;?i?~
PASSED, APPROVED AND ADOPTED by the City
at a meeting thereof held on the e:o?.6"'1!' day of
following vote:
/ 4.
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~'A YOR-
A TIEST:
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CIT~LERK "7
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STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Joanne M. Yeo, City Clerk of the City of Seal Beach, califo~a~rerebY c .
foregoing Ordinance is an original copy of Ordinance Number::;: on fi e in he office
of the City Clerk, introduced at a meeting held on-#l,e // _ ' day of
1994, and passed, approve~'1adoPted by the 'Cit C uncil of the City of S VBea
meeting held on the ~ co ,y of , 1994 by the followi
,
AYES:
Council members
NOES:
Council members
ABSENT:
Council members
ABSTAIN: Counci I members
and do hereby further certify that Ordinance Number ..ga~as been published pursuant to
the Seal Beach City Charter and Resolution Number {p}Jf-F ~
Ordinance Number .~~tf~
ATI'ACHMENT A - LEGAL DESCRIPTION
Parcels Subject to Zone Change 94-2:
I) Residential Medium Density (RMD) to Limited Commercial (L-C):
Lots 29, 30, 31, 32, 33 and 34, in Block 216 of Tract 10, Anaheim Bay I
Tract, in the City of Seal Beach, County of Orange, State of California,
as per map recorded in Book 9, Page 10 of Miscellaneous Map, in the
Office of the County Recorder of Said County.
Lots 30, 32, and 34, in Block 217 of Tract 10, Anaheim Bay Tract, in the
City of Seal Beach, County of Orange, State of California, as per map
recorded in Book 9, Page 10 of Miscellaneous Map, in the Office of the
County Recorder of Said County.
2) General Commercial (C-2) to Limited Commercial (L-C):
Lots 35 and 36, in Block 216 of Tract 10, Anaheim Bay Tract, in the City
of Seal Beach, County of Orange, State of California, as per map
recorded in Book 9, Page 10 of MiscelIaneous Map, in the Office of the
County Recorder of Said County.
Lot 36, in Block 217 of Tract 10, Anaheim Bay Tract, in the City of Seal
Beach, County of Orange, State of California, as per map recorded in
Book 9, Page' 10 of MiscelIaneous Map, in the Office of the County
Recorder of Said County.
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PROOF OF PUBLICATION
(2015,5 C.C.P,)
STATE OF CALIFORNIA,
County of Orange
I am a citizen of the United States
and a resident of the County afore-
said; I am over the age of eighteen
years, and not a party to or inter-
ested in the above-entitled matter.
I am the principal clerk of the printer
of the SEAL BEACH SUN, a newspaper
of general circulation, printed and
published weeklv In the City of SuI
Beach, County of Orange and which
newspaper has been adjudged a
newspaper 6f general circulation by
the Superior Court of the County of
Orange, State of California, under the
date of 2124nS. Case Number A82583;
that the notice of which the annexed
is a printed copy (set in type not
smaller than nonpareil), has been
published in each regular and entire
issue of said newspaper and not in
any supplement thereof on the
following dates, to-wit:
6/30
all in the year 19JM...,
I certify (or declare) un!ler penalty of
perjury that the foregoing is true and
correct.
Dated at ~eal Bea,!, California,
", t I
this.:A.J -day of I_~~ ,19JM....
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PUBLICATION PR CESSED BY:
THE SUN NEWSPAPERS
216 Main Street
P.O. Box 755
Seal Beach, CA 90740
(310)430-7555
Ordinance Number
/3&4
This space for for the County Clerk's
Filing Stamp
Proof of Publication of
.~~~~T!Y~.~~~~~~~~~OX........
............................ .
N011CE .8 HEREBY GIYEN _11III_'
allhe City CDuncll Df ilia .
CIty 01 Seal IIeach will hold. A NRnlIfiWI n-blfIIflnn has been
public ....,.. on Mon_Yr' Ipr.p.red and Is on '11e It Ihe
July 11, 1114..817:00 p.rn. n IOIPlnment of Develop!",nl
lha City CDu1lc11 Cllambars, Se..lce., Clly Hell, 211 E'ghlh
11 EIghlh 81raal, Saa' ---
Baach, CallfDrnla" ID COde__
liar lha fDllDwIng nam: I .
AIlIcI.. 7, 11,5, 14: Sections 28-
'2600; 28-2802 of the Cod. nt thR
CIIv nI RuI RIuIr!h,
NEGATIVE DECLARATION
-
GENERAL PLAN
AMENDMENT 114-2(A,B)
ZONE CHANGE 114-2
Request
The .ppllcant II propollng to
construct thr.. (3) twO.lto~
cammercillltrUc:turea and two (2J
11~1..f.mUy dwelllnge an three
edjeCI"1 plrcell along Sell
Belcb'.' Plclflc COIlt HlghwlY
commerclll conldor. The tbree
commerclll b~lldln . win have I
_ .... '" 10,500
_re .... d ed neorty oqUl11y
IIIIIIlIIlI ..ell of tho bulld_, The
re.ldence will elth blve In
"'IIIIl-.otely 2,500 sq..re
The IIIIe Is __ "'........
1118 1oIs__ofZS'
. 100'. Eoch commonl building
iI'II__ porldna....
~W1.iIton.1OO'.
100' lot (merger of four (4)
contlguoul lots). Thl two
lresil:llnces WIIfJI lit on the rwnaI~
_lDIIwhlch.re_dlstonlfRlnl
_ Cout H1ghwoy, edjocenl ..
I r8IIdIndaI neIgttJolhDad.
The lIIIIIIcInt's ...-oJ wi. .1IIIi1
. General Plln AmendmentlZone
Cbangl whlcb will chlnge the
IXlltlng commercially zone.
properties from Generll
Commerclll (C-2) to Limited
rdol (L-C) .nd will cllenge
nine (8) of th. reald.n',e11y _
poopei1fesfllL-CZllfing.
Thll reque.t will reltore the
propenlto Its former General
PIonllo""'ll_ (prior to.
,1881192 zone cnangeO In which
twelve loti were zoned for
commercial ule Ind two were
zoned for re.ldentlal use The
difference between the former
desIgno\Ion end this _ IS the
proposed commercla( zoning I,
Limned Commercial (L-C) rather
than the former General
Commerclal (C-2) zoning. Limited
Commercial II Ibe City" lelll
Intensive commercial zoning
doeIgnotIon ond should be more In
keeping with the adjacent
,.lldenlla' neighborhood to the
lOutb aa .en I. the re.ldent.al
''''''_dneclIy_ PICIIC
Coist HIgIMoy,
AppIIcont
1lolIe_
Ooner:
Mitchell Land end Improvement
eon.,eny
At the above time and placl all
InIeIllllled _ns moy be heerd d
10 desired. If you challenge the
proposed _ns In COlIn, ~ moy
be 'limited to raising Dory those
Issues you or someone else 181sed
at thl publiC heanng described In
this nollel. or In wrlllen
correspondence delivered 10 Ihe
City of Seal Beach ai, or poor 10,
the p'- heenng.
DATED thiS 24th day of June,
1994
Joom. VID, CIIy CI.rk
CIty of Se., Beach
I Pub. Se.1 Belch Sun June 30.
1994
Ordinance Number ~;r~~
PROOF OF PUBLICATION
(2015.5 C,C.P.)
STATE OF CALIFORNIA,
County of Orange
I am a citizen of the United States
and a resident of the County afore-
said; I am over th!t age of eighteen
years, and not a party to or inter-
ested In' the above-entitled matter.
I am the principal clerk of the printer
of the SEAL BEACH SUN, a newspaper
of general circulation, printed and
published weekly In the City of Sa! .
Beach, County of Orange and which
newspaper has been adjudged a
newspaper of general circulation by
the Superior Court of the County of
Orange, State of California, under the
date of 2124n5, Case Number AB2583;
that the notice of which the annexed
is a printed copy (set In type not
smaller than nonpareil), has been
published in each regular and entire
issue of said newspaper and not in
any supplement thereof on the
following dates, to-wit:
7/21
all in the year 19JM,.,
This space for for the County Clerk's
Filing Stamp
Proof of Publication of
I
ORDINANCE # 1384
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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SUMMARY
ORDINANCE NUMBER 1384
ZONE CHANGE !14-2
16110 PACIFIC COAST HWY.
Ordinance Number 1384 of the
City of SOaI Beach. ZOne Change
"~2, changes lhe zonJna of rnnB
loti from ResldenUI' '"Medium
IlenoIIy end IIvee l01I '10m Gene..,
CGmmiIn:IaJ 10 UmIled eommen:JII'
a. 1800 Pacific Co... Highway.
OrdlnanCI Number 138~ WIS
Introduced at the regular ell)'
__ng D1.JuIy 11111. 1994
ena ftnil -"'II was 8PIl- by
I/lelal-.g _:
AVES: BRlWlI. Doene, Forey\t1e.
'='N~
_Cemed
Ordlnancl Number 1384 will
recllvl ..conel r..dlng and be
con.ld.red for .doplJon 8. the
_r CIIy CouncII_ DI July
25th, 1~. COpl.. of Ordinance
NumIler 138<...._ from Ibe
ofIlca D11/le City Cieri<. CIly Hen.
211 - 8th Str..., Seal B.ach;
laI8pI1one (310) 431-2527.
DATED THIS 121h 4.y 0' July.
1984
- _U.Voo.ClIyClerl<
CtIy D15eaJ_
PuIlIl_ Sun NtI_...luly
21.'"
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I certify (or declare) under penalty of
perjury that the foregoing is true and
correct. '
PUBLICATION OCESSED BY:
-
THE SUN NEWSPAPERS
216 Main Street
P.O. Box 755
Seal Beach, CA 90740
(310)430-7555
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PROOF OF PUBLICATION
(2015.5 C.C,P.)
STATE OF CALIFORNIA,
County of Orange
I am a citizen of the United States
and a resident of the County afore-
said; I am over the age of eighteen
years. and not a party to or inter-
ested In'the above-entitled matter,
I am the principal clerk of the printer
of the SEAL BEACH SUN, a newspaper
of general circulation, printed and
published weekly In the City of SUI ,
Beach, County of Orange and which
newspaper has been adjudged a
newspaper of general circulation by
the Superior Court of the County of
Orange, State of California, under the
date of 2124fl5. Case Number A82583;
that the notice of which the annexed
Is a printed copy (set In type not
smaller than nonpareil), has been
published In each regular and entire
issue of said newspaper and not In
any supplement thereof on the
following dates, to-wit:
8/4
all In the year 19JM.,.
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct. -,
Oat
this
, 19JM.,.
/\
PUBLICATION CESS EO BY:
THE SUN NEWSPAPERS
216 Main Street
P.O. Box 755
Seal Beach, CA 90740
(310)430-7555
Ordinance Number /~~~
This space for for the County Clerk's
Filing Stamp
Proof of Publication of
ORDINANCE NO. 1384
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
............................ .
SUMMARY
OR~NANCENUMBER1~
ZONE CHANGE 94-2
1600 PACIAC COAST HWV,
OrdlnanCI Number 1384 01 the
. CIty 01 Sell BolCh, Zone Chongo
114-2, chong.. 11Io zonlno 01 n,nl
loll 'rom -R"ldentlal ~.dlum
1IonoIIy_....loISham_'
Cammon:lollD I.JmIIed Cammon:IoI
a. 1800 Paclhc Coal' Highway.
OftInmce NuntNlr 1384 recetved
_1UdIng - - odopIed II
. 11Io ~r CIIjI CCUd meoIkl8 01
.
July 25th, tllll' by .hl following
-:
AYES: Brown, DolIno, Forsythl"
_dngs,l.UZIo
NOES: NOIIO
_CIImed
CapIos of 0RIIn0nc0 Numbor 13110
... ovaIlobIe ham 11Io ..... 0111Io
Clly Cllrk, CI.y HIli, 211 - 8th'
-. SIIIIIooch; IoIophano 1310)
431~,
DATED TIlII 28th dlY 0' July,
IIl1M
_Yoci,CIlyCllllc
CIlyol __
Published Sun Newspaper.
Auguot',11l1M