HomeMy WebLinkAboutCC Res 4999 2002-04-08
RESOLUTION NUMBERS
A RE~OLUTION OF THE CITY COUNCIL OF
THE CITY OF SEAL BEACH DENYING AN
APPEAL, SUSTAINING THE DECISION OF
THE PLANNING COMMISSION, AND
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, APPROVING MINOR PLAN REVIEW 02-1, A
\.. 'REQUEST-"FOR ARCHITECTURAL REVIEW
-'OF .A 'PROPOSAL TO CONSTRUCT A NEW
MIXED USE DEVELOPMENT AT 233 SEAL
BEACH BOULEVARD
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THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE, DETERMINE AND FIND:
Section I. On February 14, 2002, Dr. Medhat Raouf ("The
Applicant") filed an application for Minor Plan Review 02-1 with the Department of
Development Services. Through MPR 02-1, the applicant seeks to construct 2 new
structures, to be located on 2 lots separated by a third lot, which wjJ\ be comprised of
parking.
Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~ II.B
of the City's Local CEQA Guidelines, staff has determined as follows: The application
for Minor Plan Review 02-1 is categorically exempt from review pursuant to the
California Environmental Quality Act pursuant to 14 Calif. Code of Regs. 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.
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Section 3. A duly noticed consent calendar minor plan review was
properly noticed and scheduled before the Planning Commission on March 20, 2002 to
consider the application for Site Plan Review 02-1. The matter was removed from the
Consent Calendar for consideration as a letter had been received objecting to the
application. At the noticed meeting the applicant spoke in favor of the request. The
appellant appeared in opposition and the City did receive a writtcn communication from
the appellant in opposition to the request.
Section 4. After consideration of the issues raised by the appellant, the
Planning Commission approved Minor Plan Review 02-1, subject to 5 conditions,
through the adoption of Planning Commission Resolution No. 02-14 on March 20, 2002.
Section 5. An appeal of the Planning Commission's approval of Site
Plan Review 02-1 was timely filed. On April 8, 2002 the City Council held a duly
noticed public hearing to consider the appeal. The Council considered all 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:
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(a) On February 14, 2002, Dr. Medhat Raouf ("The Applicant") filed
an application for Minor Plan Review 02-1 with the Department of Development
Services. Through MPR 02-1, the applicant seeks to construct 2 new structures, to be
located on 2 lots separated by a third lot, which will be comprised of parking.
(b) In accordance with Section 28-1158 of the Code of the Citv of Seal
Beach, all new construction on the subject property requires Planning Commission
approval through the Minor Plan Review, consent calendar process.
Resolution Number //9'19
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( c) The proposal for development calls for 2 separate buildings to be
constructed at 233 Seal Beach Boulevard (comprising three 25-foot wide lots), with
commercial parking on the middle lot. Both buildings are proposed to have office uses
on the ground floor with residential housing on the second and third floors (I housing
unit per building). On the southerly lot, a 1,160 square-foot dental office space is
proposed, with a 2,188 square foot residential housing unit above. On the northerly lot,
an 826.5 square-foot office building is proposed with a 2,188 square foot.housing unit
above. There are 3 parcels of land, which will have the proposed buildings placed on the
outer parcels, and have reciprocal parking on the middle parcel.
(d) The subject propcrty is 3 separate rectangular lots in shape with a
total lot area of 7,762.5 square feet (Three separate 25' x 103.5' lots) and is located in the
Limited-Commercial (L-C) Zone. The subject property currently has a vacant building
with related parking and a vacant lot.
(e) Surrounding land uses and zoning are as follows:
SOUTH:
the Limited
(ROD) zone.
A mix of commercial and residential buildings in
Commercial (L-C) and Residential High Density
NORTH: A mix of commercial and residential structures and
vacant land in the Limited Commercial (L-C) zone and the
Residential Medium ~ensity (RMD) zone
EAST: Naval Weapons Station in a Public Land Use I
Recreation (PLU/R) zone.
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WEST:A mixture of single-family and multi-family residential
dwellings located in the Residential Medium Density zone (RMD)
of Old Town.
(f)
The proposed buildings meet all required setbacks and height
requirements.
(g) 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.
(h) The City Council received the record of the Planning Commission
hearings, including Planning Commission Staff Reports and Minutes. In addition the
City Council received public testimony in favor and in opposition to the proposed project.
Section 7. Based upon the evidence submitted at the de novo hearing,
facts contained in the record, including those stated in ~6 of this resolution and pursuant
to ~~ 28-1158, 28-2940 of the City's Code, the City Council hereby finds:
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(a) Minor Plan Review 02-1, is consistent with the provisions of the
Land Use Element of the City's General Plan, which provides a "Limited Commercial"
designation for the subject property and permits the proposed development subject to
approval of a "Minor Plan Review". The use 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 is consistent with the General
Plan.
(b) The proposed project, Minor Plan Review 02-1 meets all of the
design review criteria, as set forth in Article 11.5 of the City of Seal Beach Municipal Code.
(c) Subject to the proposed conditions of approval, the proposed
mixed-use development, as approved herein, will be compatible with surrounding uses
and will not be detrimental to the surrounding neighborhood. As approved by the City
Resolution Number ~
Council, there are sufficient mitigation measures adopted by the City Council to ensure
compatibility with adjoining land uses.
(d) Required adherence to applicable building and fire codes will
ensure there will be adequate water supply and utilities for the proposed use.
Section 8. Based upon the foregoing, the City Council hereby denies
the appeal, sustains the Planning Commission decision, and approves Minor Plan Review
02-1, subject to the following conditions,
I. Minor Plan Review 02-1 is approved for the property located at 233 Seal Beach
Boulevard. Specifically, Minor Plan Review 02-1 is approved to build one
structure with approximately 1,160 square feet of medical office area, with
approximately 2,188 Square feet of residential space above it and to build a
second stnicture further north on the property, which will have approximately 827
square feet of office area on the first floor, with approximately 2,188 square feet
of residential space above. Parking will be created by 2 separate 2-car garages for
the residential units and utilize shared parking for the commercial uses.
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2. All construction shall be in substantial compliance with the plans approved
through MPR 02-1
3. 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.
4. 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
corporations furnishing or supplying work, services, materials, or supplies in
connection with the performance 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 Conditional Use
Permit, and from any and all claims and losscs 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 indemnify, defend and hold harmless the City as stated herein shall
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, court costs or attorneys' fees in any such lawsuit or action.
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5. A deed restriction will be recorded on the property, prior to issuance of any
building permits, requiring that no sale of property of any of the three lots may
occur until such time as adequate on site parking is created on each of the three
lots.
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 applicable law.
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PASSED, APPROVED, AND ADOPTED by the City C0I8ilifthe City of Seal
Beach ~ a meeting thereof held on the _ day of
,I,./.L , 2002, by the following vote:
AYES:
Councilmembe
NOES:
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Resolution Number 41~
ABSENT:
Councilmembers ~b..M Lt '
Councilmembers ~
ABSTAIN:
~~"
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
I, Joanne M. Yeo, City Clerk of Seal Beach, CalifOmiati ~y certify that the foregoing
resolution is the original copy of Resolution Number on file in the office of the
City Clerk, passed, approved, and adopted by the City Counci of th'/gf:Jl of Seal Beach, at
a re~ !(eting thereof held on the _ day of
~.... , 2002.
Resolution Number iJtiC/tI
PROOF OF PUBLlCATI~
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of Orange
This space is for the County
Clerk's Filing Stamp
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-entltled matter.
I am the principal clerk of the printer
of the SEAL BEACH SUN, a
newspaper of general 'Circul~tion,
printed and publi~hMwEfeKlyJn~the
l"oi......:I" . IJ . ,~\\..
City of Seal Beacb;,.Gounty..of ~
Orange and ~hich n~~sp'a&ef.'ha~
been adjudged a newsp~per'of , I
general circulation by th!'l Superjor
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:
.?J2~
,
all in the year 2002.
I certify (or declare) under penalty of
perjury that the foregoing is true and
co rrect.
Proof of Publication of
SEAL BEACH
PUBLIC NOTICES
NotICE OF
I PUBUC HEARING
NOTICE IS HEREBY
GIVEN that the Oty Council of ""-
City of Seal Bec:lIch Will hold 0 ~b1i'
. hearing on Monday. April 8th. '
2002," 7:00 p..... m the CIIy eo....
, cil Chambers, 211 Eighth 5""'1..
Seal koc:h, Co1lfofRio. lei cOIIsld.r
the following ~I.!m:
_OF P\ANNIN<i COMMIS-
..~ ......a....!..L
-" SIONAPPROVAL
MINOR PIAN REVIEW 02.1 233
RAlIlQCH BLVD.
APPEllANTS REQUEST, Appeal of
lho Planning CommISSIOn approval 01
8 request k) oonslrUCl. 2 sepalSl8 bulk:!-
IngS In the Umlled Commercial (L-C)
ZOne SpecIfically. the applicant pro-
poses 10 build one structure wirh
approximately 1160 square leet of
MedIcal Olllce area, with approxl-
matety 2188 squBreleet 01 resklenna}
- space above. AddlbOfiiilfy,-ttili BPPU:-
ClInt prq:lOS8s to btAlld II second struc-
ture lurther north on the propertt,
which WIU Mye 8PPfOx~.!!!ly 827
. ~~~t~tcl~ti~onthellrst I
floor With approXlmateJy 2188 sqUB~
leel 01 resldenllal space abOVe. Parte..
d be cleated by providing twO
~paral8 2-car garages for the resl-
denlw.1 units and uUllze shared parlang
toOha ofUce uses.'-' , ,
ENVIRONMENTAL REVIEW! The
proposed project is calegoncalz
exempt "om _*'_ ,eq""."'~"
CEQA. ,-
, CODE SECTIONS. 28-1 '~8:, 2~'
2407.8 -' '" ,.' '
APPELlANT' Wall Miller,'
APPUCANT. Rkhard ~~P.'~ . . .: .
.............
OWNEIb Madha. Raoul
At lI1e obove lime and place allmler-
:!,~e1'SOnl may b. beard if so
, . W)'Ou chalenge the poapoood
,adions in court, you may be limited 10
raising only IhoH bsue. you or some-
, one el.e rob.d aim. public heoring
de.crlbed In1hls noIIc., or In written
, correspondence debvered 10 the City
of Seal Beach ai, 0( prior 10, the pub-
lic hearing. . _ . .
DAlED lHIS 2" day 01 March. 2002.
Joanne M. Yeo . .
CIIyC"'"
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Dated at Seal Beach, CA,
this 2 'Y' day of f170/l:., ~~ ,2002.
~ /1J. IJi~
, Ignature y
PUBLICATION PROCESSED BY:
: THE SEAL BEACH SUN
216 Main Street
Seal Beach, CA 90740
(562) 430-7555
~billhed in the Seal B~ Sun Jour- ~
nol. 3/28/2002.
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