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HomeMy WebLinkAboutCC Ord 1339 1991-08-12 ORDINANCE NUMBER/.J~1 AN ORDINANCE OF TIlE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING ZONE CHANGE 1-91, CHANGING THE ZONING OF NINE (9) LOTS FROM GENERAL COMMERCIAL (C-2) TO RESIDENTIAL MEDIUM DENSITY (RMD) AT 1600 PACIFIC COAST HIGHWAY and 336 17th STREET THE CITY COUNCIL OF mE CITY OF SEAL BEACH DOES HEREBY ORDAIN: I WHEREAS, on April 23, 1991, James R. Watson filed an application with the Department of Development Services for Zone Change 1-91, Variance 4- 91, General Plan Amendments 1A-91 and lB-91; and WHEREAS, the applicant is requesting to change the zoning and General Plan designation of nine (9) lots from General Commercial, (C-2) to Residential Medium Density, (RMD). Additionally, the applicant requested a variance from Section 28-1402 of the Code of the City of Seal Beach as it pertains to loading zones. The applicant proposed and was granted approval of a dual use loading zone/parking area; and WHEREAS, the subject property is legally described as: Parcel Po. consisting of: Lots 30, 32, 34 and 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 I recorded in Book 9, Page 10 of Miscellaneous Map, in the Office of the County Recorder of Said County. Parcel B, consisting of: Lots 27, 29, 31, 33 and 35, 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 Miscellaneous Map, in the Office of the County Recorder of Said County. Parcel C, consisting of: Lots 28,30,32,34 and 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 Miscellaneous Map, in the Office of the County Recorder of Said County; and WHEREAS, the proposed zone change is enclosed as "Attachment A"; and WHEREAS, the subject property is comprised of fourteen (14) lots, each measuring 25' x 100'. Presently, twelve (12) of the lots are zoned C-2 and the remaining I two (2) lots are zoned RMD; and WHEREAS, Building Permit recqrds indicate the subject property, formerly the site of the,. Rum Runners restaurant and prior to that the Ranch House cafe, has been utilized for restaurant purposes for over 43 years; and WHEREAS, Staff has prepared an initial environmental assessment and proposed Negative Declaration as required by the California Environmental Quality Act (CEQA). Staff received comments back from several governmental entities. The California Coastal Commission has expressed concerns over the compatibility of this request with the Coastal Act; and I I I Ordinance Number ~S? WHEREAS, a duly noticed public hearing was held on June 5, 1991 to consider Zone Change 1-91; and WHEREAS, the Planning Commission received extensive public testimony, with nine (9) persons speaking in favor of the request and one (1) person speaking in opposition; and WHEREAS, the Pla.Q::~g Commission made the following findings and approved the subject Zone Chang& ;equest on June 5, 1991 by unanimous vote: 1. The proposed Zone Change 1-91 is in conformity with the General Plan as amended through General Plan Amendments lA-91 and IB- 91. 2. The proposed Zone Change and accompanying General Plan Amendments will :provide a less intensive use than is presently allowed under current General Plan and zoning designations. 3. This proposal will result in an annual positive net revenue flow (total revenues-total costs) to the City of between $12,298 and $18,598 depending on whether the parks and recreation fees are invested. 4. This proposal will: generate 176 vehicle trips per weekday, over 300 less trips per day than the next closest alternative. 5. This proposal will' create five (5) new on-street public parking spaces through the abandonment of existing curb cuts. 6. The low-rise, one~story commercial buildings and two-story homes are compatible with the surrounding residential neighborhood; and ~REAS, the City Council noticela public hearing on June 24, 1991; and WHEREAS, the City '::ouncil received into evidence the Report of the Planning Commission, includiug the Staff Report dated June 5, 1991, Planning Commission Rr~olution No. 1634, and the Minutes of the Planning Commission meeting of June 5, 1991. III addition, the City Council considered all written and oral evidence presented at the time of the public hearing; and WHEREAS, at the conclusion of the public hearing, based upon the evidence presented, the City Council determined to certify the proposed Negative declaration and approve Zone Change 1-91. NOW, THEREFORE BE IT ORDAINED that the City Council of the City of Seal Beach does hereby approve Zone Change 1-91, changing the zoning of nine (9) lots from General Commercial, (C-2) to Residential Medium Density, (RMD) as exhibited in "Attachment A". Ordinance Number /.3~9 PASSED, APPROVED AND ADOPTED by the City Council of the city of seal.~;tCh, California, ~a regu}a~ meeting thereof held on the ,/tit.. day of r fj~: , 1991. ~~j /+ p1t Cler LsiATE OF CALIFORNIA COUNTY OF ORANGE CITY OF SEAL BEACH ) ) SS ) u.~ $"~ SEAL ~ :- Oft 0.00000 e~of 'I, #~"'..~01\'0/f'l~. ~J\ fl~/~ 0,,\' '*/~'l.-lrZ i : g cC2 ~OO .g_2 ~1"'1.0 ooc:1 _.... ~.o~..... Z' o.~o . ,," OJ! ~"oJ.Q "00"'11 27. ,II ~ 'f ~ ~ 0000000 ,,..\; OUNl'C. . I ATTEST: f) ! ' ordinance on AYES: NOES: Councilmembers and do hereby further certify been published pursuant to the Resolution Number 2836. hat Ordinance Number ;I~~~ Seal Beach City Chart~ has I ABSENT: Councilmembers I I I I .?rdinance Number /339 EXHIBIT "A" LEGAL DESCRlFl10N OF PROPERTIES 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 Maps, in the Office of the County Recorder of said County; and Lots 29, 31, and 33 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 Miscellaneous Maps, in the Office of the County Recorder of said County; and , Lots 30, 32, and 34 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 Miscellaneous Maps, in the Office of the County Recorder of said County. . . . . . Ordinance Number /339 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 JOURNAl. a newspaper of general circulation, printed and 'publlshed weeklv In the City of Seal 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 2/24/75. 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: --L~J'; I 3 all in the year 19..9,L. I certify (or declare) under penalty of perjury that the foregoing Is true and correct. Dated at Seal Beach. California, this / '? day of --II./. ,<.I.. ' , 19..9,L. /! -:-I . ..... U-!/71v/r.AA." L-V C/ Signature F I, l... {!.. .....j PUBLICATION PROCESSED BY: THE JOURNAL NEWSPAPERS 216 Main Street P.O. Box 755 Seal Beach, CA 90740 (213)430-7555 This space for for tha County Clerk's Filing Stamp I Proof of Publication of PUBLIC NOTICE/Public Hearing .A~~~~~( :d~~~ ~~~~~: :i.~.91 . /4-~ NOTICE OF . The applicant is also requeslfng a 'PUBLICHEARING . =~~:Jf..~ I NOTICE IS HEREBY GIVEN thai ' as ft perlalns III loading zones. The i !he CiIy CouncD 01 !he CiIy 01 Seal ' applicant Is proposIlg a dual use 'I Beach will hold a public hearing on loading zoneIparkIng area. Monday, June 24, 1991, et 7:00 , p.m. In the CiIy Council Chambera, EnWonmen1al RevIew: I 211 Eighth Street, Seal Beach, A NEGATIVE DECLARATION has I California, Ii> con-.lcler !he following been prapared and Is on me at !he Jlam: ' Deparlment 01 Development Ser- vices, Seal Beach CiIy Hal. , GENERAL PlAN AMENDMEtrnl lA-91 AND 18-91 ZONE CHANGE 1-91, VARIANCE 4-91 1600 PACIFIC COAST HWY AND 336 17TH STREET BiQl!llII: , To change !he zoning and Gensral Plan designation 01 nine (9) lots from General Commercial, (C-2) to Rasidential Medium Density, (RMD). SeJd lots each have an area 012,500 square leet (25' x 100'), r.NtA SAt!lnnIto 28-700,28.1400,28-1403(3),28- 2500, 28-2501, 28-2S02, 28-2600, 28-2602 I ApDIicant James R Wal80n Qrar; Demetre M. Dovalis, Michael G. Dovalls, Din (Constantlnos) lloYaIls and Rodney R. 00YIlIIs At the' above time and place all InIenIsIBd p&11IOIIlI1IlllY be '-d N 80 desired. n you challenge lhe propoeecl acIIons In court, you may be limited to raising only those Issues you or someone else raised at the public hearing described In 1I11s no1Ice, or il wrIIIBn correspon. dence delivered III the CIty 01 Seal Beach a~ or prlor to, lhe public hearing. DATED THIS 11th day 01 June, 1991. Joanne Yea, CIty CIerlt Cltt d llBsIllLBtI June 13, 1991. Pldshsd iltlitllBslllLBtlJcunst I I I I PROOF OF PUQLlCATION (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 elgMeen 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 JOURNAL. a newspaper of general circulation, prInted and published weekly In the ' City of Seal 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 2/24175. 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 entlrl' IS'lue of said newspaper and not In any soJppJemen't thereof on the following dates, to-wit: -~--1 A/I~ / :J all in the year 19JU... I certify (or declare) under penalt~ IIf ' perjury that the foregoing Is true and correct. Dated at Seal Beach. California, this J 3 day of -l..tv;l.e: , 19JU... ' 1frr6'~ - .5 Ik,^""' ! Signature : PUBLICATION PROCESSED BY: THE JOURNAL NEWSPAPERS 216 Mlln Street P.O. Box 755 Seel Belch, CA 90740 (213)430-7555 Ordinance Number /:3~9 , I This space for for the County Clerk's Filing Stamp Proof of Pu/j/lcalion of PUBLIC NOTICE/Public Hearing ............................ . - 1-' i. v' j'(, _,,1(;,( UJ.dVJ M - 9/ .7. iy. . .. :. ...... d,.. .. ... NOTICE OF Alter reviewing the"nIlfaf Study 8IId IlIlY applicable rnI1Igdng mea- PUBLIC HEARING _lor fie \lllll8CI. 1he s1Bll hII d818rmlnld 1II8l1l111 fIIllfIct will not , have a significant sf!ect on the , anvfllll1lllant Acc:ordingly, a NE!3- ATIVE DECLARATION haI been JlI8PI""l. NOTICE IS HEREBY GIVEN 1hal lhe City CouncD 0I1he City 01 Seal Beach w~ hold a public hearing on Monday, June 24, 1991, at 7:00 p,m, In the CIly Councl Chambers. 211 Eighth Street. Saal Beach, California, to consider 1he IoIIowing Item, A copy 01 all ralevanl material, Including 1he project S\l8ClIC8lIOl18 Inllfal Study and the NEGATIVE DEC~TION,konfitelnthe NEGATIVE DEClARATION 4.91 oIIIees of 1he Seal Beach Develop- ment SeMces DepaAnent. /3ll!lIlllJl: I' To change the Zllnlng and Gen8l8ll' At 1I1e above tiOle and place all Plan designation 01 nins (9) lots Inlllresfed persons may be heard K from General Commercial, (C-2) to! so daslred II-you chaliE!nge the Rasident.al Medium Densll)', ~ proposed actions in court. you may'; (RMD). Said lots each have an I be Iimtted to raising onlY those I area 012,500 square leel (25' x jlssues you or someone else reIsed tOO'). , at 1he public heering described In ! this notice, or in wri1len correspon- 'file app~ant is also requesting a I dance dellveied to 1he CIIy of Seal valiance from Sac1Ion 28-1402 01, Beach at, or prfor 10, the public fie "Nt. 01 the CIW 01 SsoI _h I 1Ieamll. II ft pertaina tlloadlng zones. llla I applicant is pI'O\lOSiIIg a duel IIS8 I CopIes 01 the above-reterenced loading zoneipar1dng area. environmental documants are I' available lor revIMI at CIty Hall, The City of Saal Beach hereby :j 211 Eighth $treel and 1I1e Marr gives notlce lIIa\ pulluant \0 the I Wilson LIbrary, 707 Elactrlc aulhorlty and cri1lllla conllllned In Avenue, SaalIleach, California. fie Cal'l1ornla Em'oIOI'lmenlal Qual. , I)' Act and t~e Environmental Impael Re"huidelines oIlhe CIIy of Saal Beach, B1Bll haI ana- tpad III request Zone Cl1ange 1- 91, Variance 4.91 and General !'Ian Amendmenl& lA-91 and 11l- June 13,1991. 91. NlI!t1ed in.. See!!lIB:II JciUmlll D.6,TEDTHIS 11th day 01 June, 1991. Joanne Yeo,.CIy CIerfI CIly of Seal Beach Ordinance Number /:3?J9 PROOF OF PUBLICATION (2015.5 C.C.P,) This space for for the County Clerk's Filing Stamp I 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 JOURNAL, a newspaper of general circulation, printed and published weekly in the City of Seal 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 2/24/75. Case Number AB25B3; 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: 4 Proof of Publication of PUBLIC NOTICE/Summary Ordinance ............................ . :' /};3~ :-;. .~~. (1~11-. . /:91 SUMMARY DATED THIS 2511I day 01 June, ClRllINANCE NUIIlER t338 1991. 2DNE CHANClE un ;Joenne M. Yeo, ~ Clerk I 1111l_MAln'lIIlHIIIIAV ~ofSellBsach , -,.,{ : Ordinance Number 1339 olllle . Jidy 4, 1991. .!fit , City of Seal Beach, approving F\tiIsI8I h.. SeIIIluch JaumaL ! Zone Change 1-91, changing the _ . , ZD/Iing 01 rirw (9) IoIs tom Gener.- aI Ccmmercilll (C-2) ~ ResIdenllBl : Medium Density (RMD) sll600 I Pacific CDUI HIghway ami 336- I 11't1 SIreel, was ntroducacIlI the , regular City Council meeUng of June 24, 1991, and first reading was approved by the following YOl8: - I AVES: Forsythe, Has1Ings, Laazlo, WIIon NOES: None VN:.AHCt One Motian canlecI all in the year 1 I certify (or declare) under penalty of perjury that the foregoing is true and correct. day of-. , 19']'L Ordinance Number 1339 will receive .econd reeding and be considered fllr adoption lithe reg- ular City Council maeIing of M0n- day, July 8th or July 22nd, 1991. CopIas of Onlhance'Number 1339 are available In 1he otllce o11he City Cler~, City Hall, 211.8th I Slr..~ Sial Beach; telephona , (213)431-2527. ' ! Dated at this .</ 6 c , California, /I / PUBLICATION PROCESSED BY: THE JOURNAL NEWSPAPERS 216 Main Street P.O. Box 755 Seel Beach, CA 90740 (213)430-7555 I I PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, County of Orange I I am a citizen of the United Statts and a resident of the County afore; said; I am over the age of elgh~een 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 JOURNAL, a newspaper of general circulation, printed and publlsh&d weekly In the City of Seal Beach. County of Orange and which newspaper hllf been adjudged a newspaper of general circulation by the Su~."rlor Court of the County of OranglJ StGte of , California, under the date of 2/24/75. 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: a~(f<.! -I- ~'x , all In the year ..SoL I certify (or declare) under penalty of perjury that the foregoing Is true and correct. Dated at Seal Beach, California, this ,:9,;9. day of {l"'tt::. ,19']'L v " l < 'La\, l\' . .vv-. 11.0-) __ Slgndture I PUBLICATION PROCESSED B":': THE JOURNAL Nl:\,SPAPERS 216 Main Sl~eet P.O. B.'" 75fo Seal Beach, ~A 90740 (213)430-7655 Ordinance Number ~~~77 This space for for the County Clerk's Filing Stamp Proof of Publication of PUBLIC NOTICE/Summary Ordinance ............................ . , J. / ./ '3(." 0 fi ./.. 1-. 'L/4.". ( ..;~;. (.:-.. .c.4f.;p.', {lL SUMMARY CRIlIlANCEIUlIlER 13311 2DNE aCANGE ,.at 1fD1-~I'I\I.C!rMIGMWAY Ordlnanca Number 1339 ol1ha City of Saal Baach, approving Zona Change 1-91, changklg 1he 2ri1g of nIna 19l1alB !ram Gener. I aI CommercIal (0-2) 111 RBsldenfaJ I Medium DenBl\y (RMD) all600, I Paclftc Coaat Highway and 338. 1711 sner. I1lC8IvId 18COIlCI1llad- I Ing and _ adoplBd at 1he regular , CIty Councl meetlg of Aup112, 1991, by 1118 fllIIowIng wi&: AYES: Doane, HastIngt, I.8&zIo, WIJBon NOES: Ilona ABSEtre ForIylhe MalIan canIecI Copies of Ordlnanca Number 1339 .. lMIIabIe 111118 ofIIce of 1118 CIty Clerk, CIIy HaD, 211-8111 S1r88~ Seal Beach; telephone (213)4314527. 1 DATED THIS 13111 day of August, , 1991. : Joanne M. Yeo, cay ClIlItc I cay of Seal BelIch August 22, 1991. NiIrlIBl"" SeeI BelIch Journal.