HomeMy WebLinkAboutCC Res 5047 2002-08-12
RESOLUTION NUMBER ~l
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEAL BEACH APPROVING
CUP NO, 02-12, PERMITTING THE
OPERATION OF A PROFESSIONAL OFFICE
LAND USE ON THE GROUND FLOOR AT
2181f2 MAIN STREET, SEAL BEACH (HOME
LOAN ONLINE)
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THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE, DETERMINE AND FIND:
Section 1. On April 11, 2002, Matt Murphree (the "Applicant") filed
an application with the Department of Development Services for Conditional Use PermIt
02-12, seeking to allow a profeSSIOnal office to operate at the property located at 218 Y,
MainSt.
Section 2. Pursuant to 14 California Code of Regulations ~15305 and
~II(B) of the City's Local CEQA Guidelines, staff has determined as follows: the
apphcation for CUP 02-12 for the proposed professional office land use is categorically
exempt from review pursuant to the Cahfomia EnVIronmental Quality Act pursuant to 14
California Code of Regulations ~15305 (Mmor Alterations in Land Use limItations),
because the proposal involves a minor alteration in land use limitation and does not
involve eIther a property in excess of20% slope or a change in land use or density.
Section 3. A duly noticed public hearing was held before the Planning
Commission on May 22, 2002. At the public hearing the applicant appeared and spoke in
favor of the request, with other persons speaking in favor, The Planning Commission
determined to deny the requested conditional use permit.
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Section 4. The Planning Commission denied Conditional Use Permit
02-12, through the adoption of Plannmg Commission Resolution No. 02-25 on May 22,
2002.
Section 5. An appeal of the Planning Commission's denial of
CondItional Use Permit 02-12 was timely filed. On July 22, 2002, the City Council held
a duly noticed public hearing to consider the appeal. The Council considered aU oral and
written testimony and evidence presented at the time of the de novo public hearing,
including the staff reports.
Section 6.
The record of the de novo hearing indicates the following:
(a) On April 11, 2002, Matt Murphree submitted an application for 02-
12 with the Department of Development Services.
(b) Specifically, the applicant is proposing to operate a professional
office land use on the ground floor at the property located at 218 Y, Main St.
(c)
The subject business contains approximately 780 square feet.
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(d) The subject property is described as Orange County assessor's
parcel number 199-043-16.
(e) The proposed building will include only the proposed business.
(t) The nearest residential property is located directly behind the
subject business, across a 15-foot wide alley.
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Resolution Number l);;~1
(g) TIle surrounding land uses and zoning are as follows:
EAST
Restdential HOUSing in a Residential HIgh Density
(RHD) Zone
NORTH &
SOUTH
CommercIal BUSinesses in the Main Street SpecIfic
Plan Area
WEST
Commercial Businesses in the Main Street Specific
plan zone and ResIdential High Density (RHD)
Zones.
(h) An appeal of the Planning Commission determination was timely
filed in accordance with Article 29.4 of the Code of the Citv of Seal Beach.
Section 7. Based upon the evidence submitted at the de novo heanng,
facts contained in the record, including those stated in ~6 of this resolution and pursuant
to ~~ 28-1250.8(17), 28-2503 and 28-2504 of the City's Code, the City Council hereby
finds:
(a) Conditional Use Permit 02-12 IS consistent WIth the proviSIOns of
the Land Use Element of the City's General Plan, which provides a "Main Street Specific
. Plan" zomng designation for the subJect property. The use is also consistent with the
remaining elements of the City's General Plan, as fhe poliCIes of those elements are
consistent WIth, and reflected in, the Land Use Element. Accordingly, the proposed use
is consistent with the General Plan.
(b) The proposed professional office land use, as conditioned, is
harmonious with the Main Street Specific Plan goal to establish and maintain a balanced
mix of uses that serve the needs of both local and non-local populations. Testimony
presented to the Planning CommiSSIOn and City Council indicates that the proposed use
will serve the needs of both local and non-local populations.
(c) The building and property are adequate In size, shape, topography
and location to meet the needs of the proposed use of the property.
(d) Required adherence to applicable building and fire codes ensures
there will be adequate water supply and utilities for the proposed use.
Section 8. Based upon the foregoing, the City Council hereby
approves Conditional Use PermIt 02-12, subject to the fol~owing condittons:
1. CUP No. 02-12 is approved for the operation of a professional office bUSiness
located at 218 !oS Main Street.
2.
This CUP shall not become effective for any purpose unless/until a CIty
"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
Planmng Department; and until the ten (10) calendar-day appeal period has
elapsed.
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A modification of this CUp' shall be applied for when.
a. The establishment h'fonases to modify any of its (:urrent Conditions of
'" ~\l
Approval. :.' .ti\.
b. There is a substantial cliange in the mode or character of operations of the
establishmeni:'" ' I :/
The City reserves the right to revoke or modify this CUP pursuant to Articles 25
and 28 of The Code of the CIty of Seal Beach if harm or retail-related problems
are demonstrated to occur as a reslllt of cnminal or anti-social behaVIOr, includmg
3.
4,
Resolution Number ~
but not limited to the congregation of minors, violence, public drunkenness,
vandalism, solicitation and/or litter.
5. This CUP shall become null and void unless exercised WIthin one (I) year of the
date of final approval, or such extension of time as may be granted by the
Planning Commission pursuant to a wntten request for extensIOn submItted to the
Department of Development Services a minimum of ninety (90) days prior to
such exptration date.
6.
The applicant shall indemnify, defend and hold harmless City, its officers, agents
and employees (collectively "the City" hereinafter) from any and all claims and
losses whatsoever occurring or resultmg to any and all persons, firms, or
corporations furnishing or supplying work, services, materials, or supphes in
connection with the performance of the use permitted hereby or the exercise of
the rights granted herem, and any and all claims, lawsuits or actions arising from
the granting of or the exercIse of the rights permitted by this Condllional Use
Permit, and from any and all claims and losses occurring or resulting to any
person, firm, corporation or property for damage, injury or death arising out of or
connected with the performance of the use permItted hereby. Applicant's
obligation to indemrufy, defend and hold harmless the City as stated herein shall
include, but not be limIted to, paying all fees and costs incurred by legal collnsel
of the City's choice in representing the CIty in connection with any such claims,
losses, laWSUIts or actions, expert witness fees, and any award of damages,
judgments, verdicts, court costs or attorneys' fees m any such laWSUIt or action.
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Section 9. The time within which Judicial review, if avaIlable, of this
decision must be sought is governed by Section 1094.6 of the California Code of CIvil
Procedure and Section 1-13 of the Code of the Citv of Seal Beach, unless a shorter time is
provided by apphcable law.
PASSED, APPROVED, AND ADOPTED by the CIty :t.;nc~of the City of Seal
B~ a m~~ thereof held on the ':2. _ day of
~;A7 2002, by the following vote: .
~oocilm=.{j.~6/q,'1'tte ,t.,~{Jd-
Councilmeinbers
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AYES:
ABSTAIN: Councilmemb
NOES:
ABSENT. Councilmemb
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MAYOR
Irh
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STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
Resolution Number ~~jI'
I, Joanne M. Yeo, City Clerk of the C.ty of Seal Beach, Califomi~ ,!l!;eby certifY tllat the
foregoing Resolution is the original copy ofR lution Number~o~ file in the office of
the City Clerk, passed, appro~ and adop the City ouncil oftlie City of Seal Beach at a
meetmg tllereof held on tll~ ... day of 2002.
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Resolution NUmber~~J~
PROOF OF PUBLlCAfi'8J.rf
(20155 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 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:
C:,~~-,
all in the year 2 02.
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Datd)t Seal
this d
Be~ CA,
of .. o{\J
,2002.
gnature
PUBLICATION PROCESSED BY:
THE SEAL BEACH SUN
216 Main Street
Seal Beach, CA 90740
(562) 430-7555
This space is for the Counly
Clerk's Filing Stamp
Proof of Publication of
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NonCE OF
PUBLIC HEARING'
NOrlCE 15 HEREBY
GIVEN that !he City Council of rhe
Clly of Seed Beach wdl hold a pt.!bltc
healing on Monday. July- 2200.
2002 at730pm In the CllyCoun-
ell Chamber., 211 Elghlh Street.
Seal8eoch. California, 10 consider .
the followl_ng Item ..
_OF PlANNING COMMISo ,
5ION DENIAl. CONIlIJJONAL USI. .
, .
PERMIf 02-12
21 B 1/2 MAIN 5IREEf
APPEUANfS REQUEST. Ap{>OCll 01
P\annll1g CommisSion dental of ieCf'esl
10 ~rale on office use (moItgagll-bro-
ker) on Ihe hut Roor 01 a bUilding on
Main Slreet Under Ih. .pt'OVliIOn5 of
!he Maln Slreet Speclhe Plan OI1yofhce
type use located on the 'nt ~ facing
Main Street reqUires 0 candlllonal use
perml!
ENVIRONMENTAL REVIEW: ThiS
~oLec:t IS COleganca!ly exempllrom
CEGA review and IS In accordance
wllh lhe P!'QYlSIOIlI of the tv\aln Street
S~CI~C Plan, ~ In accorOOnc:e
With Negabve Decolrahon 96-1
CODE SECTIONS' 2B.1250, 28.
2503, 282504
APPEUANf! APPUCANT, Mall Mu,.
phree, Hom. loan Online
OWNERt Margoret Murphy
AI the above lime and place all,""r-
esled persons may be heard II 10 ,
dellred IF you challinge .. PI'OIJQ5CKI I
aclIons In coufI, you may be ltmlted 10
raising only those ISSues ~ or some-
one .Ise raised allhe publiC hearing
descnbed In thIS nallce, or In wnnen
COI!es~ndenc. delivered 10 lhe City
of 5eaJ Beach ai, 01 pnor to, the pul:).
lac heanng -
DATED THIS I' cloy 01 July, 2002
Joanne Veo
C'lyClerk
Publl shed '" lhe Seal Beach Sun Jour-
nol. 6/27/2002
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