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Home My WebLink AboutCC Ord 1373 1993-08-23 ORDINANCE NUMBER ~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING ZONE CHANGE 93-1, CHANGING THE ZONING FROM COMMERCIAL PARK (C-P) TO SERVICE COMMERCIAL (C-l) AT 16 MARINA DRIVE I THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY ORDAIN: WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, city staff has been contacted as to the zoning classification and types of permitted uses on the subject property. At this time there is an uncertainty as to the proper zoning classification of the property; and the subject property is described as Assessors Parcel 043-172-07; and the site is located along the south side of Marina Drive, immediately east of the San Gabriel River Channel. The site is triangular in shape, having approximately 172 feet of frontage on Marina Drive, being approximately 317 feet deep along the San Gabriel River, and approximately 287 feet deep adjacent to the Department of Water and Power (DWP) property. The site comprises approximately 24,500 square feet; and I building Permit records indicate the subject property, currently the site of Boatswain's Locker which has been utilized for commercial/residential purposes for over fifteen (15) years; and the zoning map indicates the subject area of the DWP site and the subject property to be zoned "C-P", Commercial Park; and this zoning was put in place to effectuate the provisions of the "DWP Specific Plan", which was adopted by the City Council on November 22, 1982; and at the time of adoption of the Specific Plan, the City Council excluded the subject property from the Specific Plan provisions. However, the provisions of the Cop zone stipulate that "... 70% of any parcelJVithin this zone shall be devoted to park uses with unrestricted access to the public. "; and in reviewing the provisions of the DWP Specific Plan, it appears that the 70% park provision was directed at the DWP Property only. This section states: "4. Open space shall be located on the southerly 70% of the' DWP site. "; and I it is the position of staff that the intent of the 70% open space requirement as stated in the Cop zone, should only apply to the DWP Property, as clearly indicated in the above referenced section of the DWP Specific Plan; and I I I WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, Ordinance Number ;I;r~ . , staff has previously presented this matter to the Planning Commission and the City Council to seek clarification, and received direction to institute this zone change request; and staff has determined the requested zone change is categorically exempt pursuant to Section 15305 of the CEQA Guidelines, and is in accordance with the previously approved Negative Declaration prepared for the "Department of Water Specific Plan", as required by the California Environmental Quality Act (CEQA); and a duly noticed public hearing was held on May 5, 1993 to consider Zone Change 93-1 and continued to July 7, 1993 at the request of the attorney for the property owner; and the said Commission held said aforementioned Public Hearing; and at said public hearing there were oral and written testimony and evidence received by the Planning Commission; and the Planning Commission makes the following findings: I. The proposed Zone Change will provide a clear statement as to the appropriate zoning for the subject property. 2. This proposal will result in the removal of an ambiguity within the Code of the City of Seal Beach regarding the appropriate zoning designation and the application of provisions of the Commercial Park (C-P) zone to the subject property. 3. This proposal will result in clarification of a city approved Specific Plan which was adopted on November 22, 1982. 4. This proposal will encourage the future implementation of the Department of Water and Power Specific Plan; and the City Council noticed a public hearing on August 9, 1993; and the City Council received into evidence the Report of the Planning Commission, including the Staff Report dated May 5, 1993, Planning Commission Resolution No. 93-35, and the Minutes of the Planning Commission meetings of May 5 and July 7, 1993. In addition, the City Council considered all written and oral evidence presented at the time of the public hearing; and at the conclusion of the public hearing, based upon the evidence presented, the City Council determined to 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 93-1, changing the zoning from Commercial Park, (C- P) to Service Commercial (C-l), as exhibited in . Attachment A.. PASSED, APPROVED AND AD02 by'" City ~of"'City of Sod ..... at a meeting thereof held on the ~ day of _-t::', 1993, by the following vote: Ordinance Number 1.3;'~ . ~6h /~A>--/~' Mayor CITY OF SEAL BEACH I .~\ -.... :ATTEST: 1'\ I d ~~h~) /}l 0 ~ylClerk / STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } . "",~'~''\1\\.\\, ..#"o~ SEAL ""'11 ff~4- ..."o.;().:..~~~I. ::r,~ ..+~ '"eo 'jr.~\ ~ "'l~~. o..~.... , ~".. 0'" ;;{ . 0 ~O: :< ~.,,~o o.:_S! ~~"~o d~l 1", Q:Oo.~E~ 27. \..~~..~O.!' 11'- ............" - II\tOIJNt1.C.~~ ~\""~'tIo''';;''oQO I, Joanne M. Yeo, City Clerk of the City of Seal Beach, CalifO/.i~ hereby certify that the foregoing Ordinance is an original copy of Ordinance Number ~ 0 l&-in the office of e City k, introduced at a meeting held on e - day of , 1993, and passed':J:.ProVed and adOpn the~COuncil of the Beach at a meeting hel on the ~A'..v day of 27' , 1993 by the g vote: AYES: Councilmem h . NOES: Councilmembers I ABSENT: Councilmembers has been published pursuant to and do hereby further certify that Ordinance Number the Seal Beach City Charter and Resolution Num . I ORDINANCE NUMBER ~ ATfACHMENT A - LEGAL DESCRIPTION I That portion of Tide Land Location No. 137, Survey No. 106 in the City of Seal Beach, County of Orange, State of California, as Patented by the State of California on February 12, 1901 and Recorded September 5, 1905 in Book 1, Page 231 of Patents, Records of Orange County, described as follows: Beginning at Sation 49 on the boundary of the Rancho Los AIamitos, as shown on a map f1led in the Office of the County recorder of said County in Book 90, Pages 23-30 of Record of Surveys; thence Northwesterly along said boundary 230.47 feet to a point on a line parallel with and 200.00 feet Northwesterly from the Rancho line between Boundary Stations 49 and 50 as shown on said map being the most westerly corner of that parc;el of land 200.00 feet wide, conveyed by East Naples Land Company to the Los Angeles Gas and Electric Corporation by Indenture recorded in Book 527, Page 261 of Deeds, of said County and the true point of beginning; Thence North 540 48' 38" East, along the Northwesterly line of said conveyed parcel of land 296.49 feet to the Southwesterly line of Second Street, now Marina Drive, 80.00 feet wide; thence North 430 58' 37" West along said Second Street 171.89 feet, to the Southeasterly line of the Los Alamitos County Flood Control Channel, being a curve concave to the Southeast and having a radius of 2000.00 feet, a radial from last mentioned point bearing South 62044' 39" East; thence Southwesterly along said curve, an arc distance of 317 feet, more or less, to a point which bears North 180 11' 55" East 2.61 feet from the true point of beginning; thence South 180 11' 55" West 2.61 feet to the true point of beginning. I Except all oil, gas or other hydrocarbon substances in or under sain land, togetherwith all right to develop and produce said substances through directional drilling and operation of an oil well or wells into said premises, but without reserving surfacerights of any kind and without reserving any rights in that portion of said premises lying not more than 100 feet vertically in depth below the surface thereof, it being the intent of Grantor to confine such drilling and operation of oil wells to that portion of said premises lying to a depth of more than 100 feet from the surface, as reserved in the Deed of Trust from East Naples Land Company, a Corporation, recorded July 19, 1955 in Book 3143, Page 583, Official Records. I , Ordinance Number /.:J~ / 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 mailer. I am'llie principal clerk of the prinler of the SEAL BEACH SUN. a newspaper of general circulation. printed and published weeklv in the City of SB.a! Beach. County of Orange and which newspqper has been adjudged a newspaper of general circulation by the Superior Court of the County of Or~n9.E!. State of California.. under the date of 2124n5. 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: ~-t~ /f: ~ ~, ;., all i the. ear 19..9l... . I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Seal Beach. California. this~daYOf~'19...9.a.... tf'M,"~Seu gk. Sign re PUBLICATION PROCESSED BY: THE SUN NEWSPAPERS 216 Main Street P.O. Box 755 Seal Beach, CA 90740 (310)430- 7555 , This space for fOf the County Clerk's Filing Stamp I Proof 01 Publication of .iImcE.__..... _-....c:a,..- .._...--.... ,............-- ;....ca,c.ntI CI_.........211 .EWIIII.....--..-. ..-..-.- ~. _:=;1 r .. . -.,It To InIm .Comm...:Il11 "'"'" (C-PlII- t:_lC-1).SlIIdplOpllfly t-.. -................ 11.._........... ~~EnV.._....... Aevt_: C'11IJ, ....... EJIIImIII. S8cdDn 15305. A..........t' . ...... "___"-~1Dr l" ..DapRnll.I"'W8IM' Md ~_ Spac:IfIc Plan. and.. ~ __ poojacIla II cIatIIy.. H~""~ngC.P '~_. - CIldo_ _..,ll1l1O. " ''2110011_14 .AppIcBIt ~OI__ ~_G._.T_ [A1_"__and ......_d II -- ~._ lJOU-Iange" ~_In-."",_ 1-- llri111ng onIr- -"",._-- ............_In '1NI1Db..In_ .... r ...-.... '''--...pdor... .......10-.., .p.1B)'" 1111.,..,Uf. 111III . '., _YEO ClIr Clark .I87.1._~15.12.a. -_.~.. .~. -==........... - I. I ~ I I I 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 malter. I am the principal clerk of the printer of the SEAL BEACH SUN, a newspaper of gen~ral circulation, printed and published weeklv in the City of ~ 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 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 da,tes. to-wit: '~ /9- all in the ye r 19J1;L. I certify (or declare) under penalty of pe,rjury that the foregoing is true and correct. Dated at Seal Beach this I day of alifornia. I-, 19J1;L. PUBLICATION PROCESSED BY: THE SUN NEWSPAPERS 216 Main Street P.O. Box 755 Seal Beach, CA 90740 (310)430-7555 Ordinance Number ;I.3f~ This space for for the County Clerk's Filing Stamp Proof of Publication of !.'lip.-&fty ; ORDINANCE p'.. ER m . . . . . . ',.' \' ,_ NUMB 1 . . . . . . . toll '" ZOIE CHAN8I.' ~ - ,.--- :.IGA__ ,....., tl7l .......- . . .. . . . Chang..t........... ..... ....-- ~ ,Iar.,..., _ _ 81" _.. 0Itw. , ...,.. tram a..."._,Qad Pwk '(c.I') 10 _ C.m,,_....lC-'). 1Na... -............ In ,..,. .... _.. 10 IdapdDn II .. 0..- '...nl or ""..... _ SIIICIIc PIon. fOrdI...... Num.... ,8n will J_.__I.....1Io ,.....1._ !at ...pllo. .llh. i!."'ular CIIJ Council ....d.. ., \'IWIUII 21, '113. . cap'" 01 e".OII Numbe, '871 ... --..-....CIty , . Clty Hall, 211. III StrHI, 1_ _: II ,11oo1611'0) ~"_ 12127 . ~ ~. ,... Dar 01 A....I I--Y. Veo 'CIIrClortl,CIIr"- - ~~~,..~~ .'. .. Ordinance Number ;1.;/13 . , 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 SUl 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 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: ~-i:: ~ e> 2- . all in the year 19..aa... I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Seal Beach, California, this Z- day of S'y"'""t;;-"- . 19..aa... G ,,:-> ~~ .signature PUBLICATION PROCESSED BY: THE SUN NEWSPAPERS 216 Main Street P.O. Box 755 Seal Beach, CA 90740 (310)430-7555 This space for for the County Clerk's Filing Stamp I Proof of Publication of t. SullMARY r Ordlnanm HumlMlr 1m . . . . . -to':. ,,- Chanllll13-1 . ~,~I. ~ d.... 18.....1na DrlvII'- . (0dI_... _'373 "'''ClI, . . . . . . .........e.ctIlIIIP"I'MIlDne I ~ 130', . dwIgo '" zonIl1I ," .__...IDr......."'_ ;_..._naDriwt,_ L............ COMn..c:IBI ""'" ~ ~ .._c....._aaJ(C.'I. ll1ilI )0 .... ......... - of on < ......In,.an .....lOIIIII1I.. ,'.. adDpIIono'''llopDIImom of r _and _ SjIodIcPlan. 11ll...__N_'373_ "...... -111.... - adopI8d " .., 0. ClIr Council.. . raguIor \ -*'D__ono.23nI \" dar '" Augull, '893'" 0. ....faHawlng vote: . "'os: _,Iloano, "-""'. I Hasdnas, \.aSZIO . . Noel: None : MDIian Carried .' . Copoo 01 Ord,_ _ '373 .. available in the office of the lCltrQort<, Cltr HoD, 2"-8Ih_~ __~(3'0)431. l/527. . : .DATED lHlS 2<'" dar 01 AugUII, ",11I3 . F .". _ . ~ . ~JainneUYeo' r.' ~ . a., Qork . 'Cltrol_- . ~~_~G2, '893 I ~ =.Ao........ ...... . . 'I