HomeMy WebLinkAboutCC Res 4906 2001-06-25
RESOLUTION NO.!/!!ltl.t.o
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A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEAL BEACH APPROVING
MINOR PLAN REVIEW 01-6, A REQUEST
POR ARCHITECTURAL REVIEW OF A
PROPOSAL TO CONSTRUCT A NEW MIXED
USE DEVELOPMENT AT 229 SEAL BEACH
BOULEVARD
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE, DETERMINE AND FIND:
Section 1. On April 12, 2001, Walter F. Miller submitted an
application for Minor Plan Review 01-6. Specifically, the applicant is seeking
Architectural Review of a proposal to construct a new mixed-use development at 229
Seal Deach Boulevard. The proposed development consists of a one-story commercial
building al the front of the lot with a three (3) story, two-unit residential structure over
parking at the rear of lhe lot.
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Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~ 11.0
of the City's Local CEQA Guidelines, staff has determined as follows: The application
for Minor Phm Review 01-6 is categorically exempt from review pursuant to the
Califomia Environmental Quality Act pursuant to ]4 Calif. Code of Regs. ~ 15303 (New
Construction), because it involves the construction of only two (2) apartment units in an
urbanized area and other small commercial structures; and, pursuant to ~ 15061(b)(3),
because it can be seen with certainty that there is no possibility that the approval may
have a significant effect on the environment.
Section 3. -A duly noticed consent calendar hearing was held before
the Planning Commission on May 9, 2001, to consider the application for Minor Plan
Review 01-6. No persons requested the matter to be removed li'om the Consent Clllendar
for separate consideration.
Section 4. The Planning Commission approved Minor Plan Review
0]-6, subject to 9 conditions, through the adoption of Planning Commission Resolulion
No. 01-22 on May 9, 2001.
Section 5. An appeal of the Planning Commission's approval of
Minor Plan Review 01-6 was timely filed. On June 11,2001 the City Council held a duly
noticed puhlic hearing to consider the appeal. The Council considered all oral and
written testimony and evidence presented at the time of the de novo puhlic hearing,
including the staff rep0l1s.
Section 6.
The record of the de novo hearing indicates the following:
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(a) On April 12, 2001, Walter F. Miller submitted an application for
Minor Plan Review 01-6.
(b) Specilically, the applicant is seeking Architectural Review of a
proposal to construct a new mixed-use development at 229 Seal Beach Boulevard. The
proposed development consists of a one-story commercial building at the front of the lot
with a thrce (3) story, two-unit residential structure at the rear of the lot.
(c) The subject property is legally described as Orange County
Assessor's Parcel Number 199-062-36 and is located in the Limited Commercial zone of
Old Town.
Resolution Number r9()t,
(d) The subject property is rectnngular in shape with a lot lU'ea of
6,666 square feet (62.5' x 106.67').
(e) The surrounding land uses and zoning are as follows:
NORTH & SOUTH: A mixture of commercial and residential uses nlong
Seal Beach Boulevard in the Limited Commercial zone (L-C).
EAST: The Seal Beach Navnl Weapons Station across Seal Bench
Boulevard in the Public Land Use I Recreation zone (PLUlR).
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WEST: A mixture of single family and multi-family residences in the
Residential Medium Density zone (RMD).
(I) An appeal of Ihe Planning Commission detelluilllllion was timely
filed in accordance with Article 29.4 of the Code of the City of Seal Belich. At the
hearing, residents and property owners in the neighborhood opposed the project as
submilled, IlIter alia, opponents were concerned about the adverse impacts that would
arise from the installation of a commercial use within six inches from the adjacent
property as proposed. Also, (here was testimony that constructing a mixed use building
six inches from an existing building would not be compatible with surrounding uses, both
existing and future uses,
Section 7. Based upon the facts contained.in the record, including those
stated in ~ 6 of this resolutioll, and pursuant to ~~ 28-1158 of the City's Code, the City
Council herehy finds as follows:
(a) Minor Plan Review 01-6, as conditioned, is consistent with the
proVISIOUS of the Land Use Element of the City's Generol Plan, which provides a
"Limited Commercial" designation for the subject property and permits mixed use
developments. The use, as conditioned, is also consistent with the remaining elements of
the City's General Plan as the policies of those elements are consistent with, and reflected
in, the Land Use Element. Accordingly, the proposed use, as conditioned, is consistent
with the General Plan.
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(b) The development, as conditioned, complies with all development
standards of the Limited Commercial (L-C) Zone.
(c) The proposed Cape Code style architectural scheme is appropriate
for the beach character of Old Town Seal Beach.
(d) Reorientation of the commercial/retail portions of the proposed
mixed-use structnre to a minimum of 3 feet from the southerly property line adjacent to
the structure at 223 Seal Beach Boulevard will make the use compatible with surrounding
land uses, including future uses thllt may be developed at 223 Seal Beach Boulevard by
miuimizing visual and functional conflicts between residential and nonresideutial uses.
Section 8. Based upon the foregoing, the City Council hereby
approves Minor Plan Review 01-6, subject to the following conditions:
1.
Minor Plan Review 01-6 is approved for architectural review of a one-story
commercial structure at the front of Ihe lot ami a three-story duplt:x at the renr of
the lot at 229 Seal Beach Boulevard, Seal Beach.
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2. Final construction plans shall comply with all current Uniform Code requirements
for construction as set forth in Chapter 5 of the Code of the City of Seal 13each
(adopts by reference 1997 Uuiform Construction Codes with local amendments).
3. Final building plans shall indicate the location of all commercial/retail structures
to be a minimum of three (3) feet from the southerly property line adjacent to the
structure lit 223 Seal Beach Boulevllrd.
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Resolution Number ~d~
4. The applicant shaH provide 177 square feet of landscaping within the required
front yard sethack and an additional 323 square feet of landscaping elsewl1t:re on
the property. Final building plans shall indicate 177 square feet of landscapillg
within the required front yard setback and an additional 323 square ft:et of
landscaping elsewhere on the property.
5.
The llpplicant shaH provide a total of seven (7) parking spaces for tht: commercial
use, 01' contribute an amount to be determined for in-lieu parking. The applicant
shall sign and record an agreement to participate in the City's in-lieu parking
program for a total of scven (7) parking spaces.
6.
The applicant shall post a surety bond in the amount of $3,500 ($500/space) for
in-lieu parking fees prior to issuance of a building permit. Once a specific in-lieu
fee is determined, the applicant shall pay the fee in full and the bond will be
released.
7,
The applicant shall record a covenant on the Title of the property requiring tlUlt
the occupa11ls of the residential units shall be involved in "non-residential" uses
on the subject property.
8.
All coostruction shall be in substantial compliance wilh the plans approved
through MPR 01-6, as amended herein.
9,
All standard permit issuance fees of the Department of Building and Safety and
the Department of Public Works shall be paid prior to issuance of a building
permit. This condition would entail payment of the following fees and/or
suhmission of additional plans:
o Grading Permit: Grading plans to be approved by the Engineering
Department and a grading permit to be issued by Engineering Deparlmellt
prior to issuance of a building pemlit.
o Buildint! Department standard conditions of approval:
o Final construction plans shall comply with all cuo'ent Uniform Code
requin:ments for construction as set forth in Chapter 5 of the Cllde Ill' the
Citv of Seal Beach (adopts by reference 1997 Uniform Construction
Codes wilh local amendments).
o Payment of all required fees at time of submittal of plans fill' plan
check/issuance of building permit:
o Plan Check Fee (pursuant to City Council Resolution No. 4816)
o Building Permit Fee (pursuant to City Council Resolution No. 4816)
o Environmental Reserve Tax (pursuant to Code !l 22-52)
o Construction Excise Tax (pursuant to Code !l22-14)
o Park and Recreation Non-Subdivision Fee (pursuant to Cily Council
Resolution No. 481~)
o TranspOltation Facilities amI Programs Development and
Development Application Fees (pursuaut to City Council Resolution
No. 4816)
o Orange County Sewer Connection Fee
o Public Works Department standard conditions of approval:
o City Sewer Connection Fee (pursuant to City Council Resolution No,
4816)
o Grading Plan Check Fee Deposit(pursuant to City Council Resolution No.
4816)
o Right of Way Improvements:
o Replace deficient or inadequate sidewalk abulling lot or construct all
I)ew as determined by the City Engineer.
o Replace deficient or inadequate curb and gUileI' ahutting lot or
construct all new as determined by the City Engineer.
Resolution Numbe~
o Make all public pedestrian access, including but not limited to
driveway approaches, access ramps, sidewalk abutting lot ADA
compliant.
D Rehabilitate half the section of the street abutting the frontage of the
properly as determined by the City Engineer.
D Rehabilitate the entire alley section abutting the frontage of the
property as determined by the City Engineer.
D Street Improvements:
D Underground all overhead utilities abutting lot including but not
limiled to electrical, phone, cable.
D Street Trees and landscaping:
D Plant new street trees and landscaping in the public right of way as
determined by the Director of Parks and Recreation in accordance with
the City's Street policy.
D Public Utilities:
D On commercial developments with City maintained water facilities,
replace any water lines, hydrants, or facilities as determined by the
City Engineer or take over maintenance of the water lines as a private
on-site system.
D Replace existing sewer laterals as necessary as determined by the City
Engineer.
D Upgrade water services as necessary as determined by the City
Engineer.
D Replace existing pnblic facilities snch as street lighting, water and
sewer lines and related appurtenances serving the property if in the
determination of the City Engineer the existing public utilities are
insufficient or are in need of replacement.
D Ocean Water Quality:
D Provide that stormwater pollution requirements as determined hy the
City Engineer including but not limited to the following:
D Mini mize runoff to impermeable areas/reuse storm water.
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10.
This Minor Plan Review'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.
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11. 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 resulting to any and all persons, firms, or
corponttions furnishing 01' supplying work, services, materials, or suppli~s in
connection wilh the perfonnance of the use permitted hereby or the exercise of
the rights granted herein, and any and all claims, lawsuits or actions arising from
the granting of or the exercise of the rights permitted by this Minor Plan Review,
and from any and alI claims and losses occurring or resulting to any person, tirOl,
corporulion or properly for damage, injury or death arising out of or connected
with the performance of the use permitted hereby. Applicant's obligation 10
indemnify, defend and hold harmless the City as stated herein shalI include, but
not be limited to, paying all fees and costs incurred by legal counsel 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, cOllrt costs or attorneys' fees in any snch lawsuit or action.
Section 9. The time within which judicial review, if available, of this
decision nUlst be sought is governed by Section 1094.6 of the California Code of CiI.il
Procedure and Section 1-13 of the Code of the City of Seal Deaell, unless a shorter time is
provided by applicable law.
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PASSED, APPROVED AND ADOPT"J7~e City Co nciI of. the City of Seal
Beach at a meeting thereof held on the ~ day of ,2001
by the folIowing vote:
Resolution Number ~~t7~
AYES:
Councilmembe
NOES:
Coullcihnember
ABSENT:
Councilmembers
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ABSTAIN: Coullcilmembers
ATTEST:
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STATE OFCALTFO~NIA
COUNTY OF ORANGE
CITY OF SEAL BEACH
)
) SS
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I, Joallne M. Yeo, City Clerk of the City of Seal Beach, California,
the foregoing resollllion is an original copy of Resolution Numbe
Office of the City Clerk, passed, approved and a~ed Jlthe City
Seal Beach at a meeting thereof held 011 the !f" _ day.of
2001.
ere y certify that
II file in 1111:
I of the City of
Joa . Yeo, City Clerk
Cil of Seal Beach
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Resolution Number 'I9"fp
PROOF OF PUBLICATION
(2015.5 ~.C.P.)
This space is for the County
Clerk's Filing Stamp
STATE OF CALIFORNIA,
County of Orange
I am a citizen of the Uniied 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 lhe printer
of the SEAL BEACH SUN, a
newspaper of general circulation,
printed and published weekly in the
Cily of Seal Beach, Counly of
Orange and which newsparer has
been adjudged a I!ewspaper,of
general circulation by the SUp'eri~r
Court of the County of Orange, State
of California, under Ih~dJte of
2/24/75. Case ~umb8"r A82583; tQat
the notice of which the a,nnexed ,is a
prinled copy (set in.)ype not s.lJlaller
than nonpareil), has 'been published
in each regular and entire issue of
said newspaper and nol in any
supplemenllhereof on the following
dates, la-WIt:
Proof of Publication of
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...............................................
...............................................
5/3 /20c) I
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all in the year 2001.
NOTICE OF _.:
. PUBLIC HEARING
MINOR PLAN ReVIEW 01-6
229 SEAL BEACH BOULEVARD
NOTICE IS HEREBY GIVEN thai
Ihlll CII)' Council 01 Seal Beach Will .
hold a publIC hoarmg on Wednes-
'day, May 9. 2001. al7 30pm IIlthe~
Cll)' Council Chambell', 2] 1 EIUhlh
Slreel, $eal Ueach, to con&lLIer Ihe
.- folloWlllg Ilern . ~
MINOR PLAH REVIEWOI-6
229 SEAL BEACH BOULEVARD
ReQUEST: A1chlleclural R~\llQw 01
8 propu!oallo conslrucl a 1I!i''''' mixed
_ IISB.struI;M'! i!'-?2J1 ~~~ 1;l_E!~':!!....:.
Boulevard The proposeu dBvilop.
nl8f11 conslsls 01 a one-stotY COIl1-
merclal bulldlllg allhe lrolll of Ihe 101
with a Ihlee (3) slOl"Y. Iwo-lInll reSl-
.. dSlltlal slluclure at Ihe rsar ollhe
". 101'
ENVIROIIMEHTAL REVlfW. The
proposed use Is cdlegoncelly
exempllrnm IlIB requllemenll! 01
CEOA ... ~
CODE SECTIONS: 28.1158, 28-24D7
ollhe ~lhJ....Cll~L...SJulI"
D~l, . :
APPUCANT, MI Wolter F Mtller.
OWUER: M' Wallar F MlIlsr
AI tile above IlIne and place elllnte,.
'asled (lerson.. may ba hoerd I' so
deslled II you challenge the plO-
polled elcllUllS III COIIII yOIl mey bEt
II!Tllled 10 lelslng~lly Ihose Issues
, you or someono olse rSI!led allhe
public healing descnbEld III 11115
. nollce, or If1 wnllen correspondence
delivered lu Ihe City of Saell Beal,lI
et, or prior IO"ltle pul,llc heellllQ
IJATEO TIllS 26"'UdY of April. 200t '
Lee WI1II1l:lnbelg - .
DIIBClor of Developmenl Services
Pul1llshef1 N1lhe Soal Be.tcll ~un .Iou,.
n~ 05lO3120D1 . . '
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I certify (or declare) under penC\lly of
perjury lhat the foregoing is true and
correct.
Dated at Seal Beach, CA,
this 3 day of fV\Cl.l 'I ' 2001.
. 'occX0
Signalure
PUBU ATI PROCESSED BY:
THE SUN NEWSPAPERS
216 Main Street
Seal Beach, CA 90740
(562) 1130-7555 . (949) 759-7726
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