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Home My WebLink AboutCC Res 4671 1998-12-14 RESOLUTION NUMBER 4' 1/ I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ADOPTING NEGATIVE DECLARATION NO. 98-3, RELATING TO GENERAL PLAN AMENDMENT 98-2 AND ZONE CHANGE 98- 2, IN TIlE CITY OF SEAL BEACH, CALIFORNIA (ANAHEIM BAY VILLAS) TIlE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. D. Bartlett Associates, on behalf of Ellen Musso, Et AI. ("Applicant") has submitted revised applications for a general plan amendment and zone change for the Anaheim Bay Villas project proposed for property located at 321 Seal Beach Boulevard, the City of Seal Beach. The Applicant has submitted the aforementioned revised applications to allow the construction of eight (8) single family detached residences on three parcels having twenty-six, foot frontages, three parcels having twenty-nine foot frontages, and two parcels having thirty foot frontages. I Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~~ II.C and III of the City's Local CEQA Guidelines, staff prepared an Initial Study and a Negative Declaration, which was circulated for public review and comment from August 27, 1998 to September 17, 1998, in compliance with the provisions of the California Environmental Quality Act and the City's Local CEQA Guidelines. The Negative Declaration was reviewed by the Planning Commission at a public hearing held on September 23, 1998 in relation to the original land use proposal and again on November 18, 1998 in relation to the revised land use proposal. The Negative Declaration was reviewed by the City Council at a public hearing held on December 14, 1998 in relation to the revised land use proposal. Section 3. A duly noticed public hearing was held before the Planning Commission on November 18, 1998 to consider the revised applications. At the public hearing, the Planning Commission invited and considered any and all ,testimony offered in favor or opposition to said revised applications. Section 4. A duly noticed public hearing was held before the City Council on December 14, 1998 to consider the revised applications. At the public hearing, the City Council invited and considered any and all testimony offered in favor or opposition to said revised applications. Section 5. The record of the hearings before the Planning Commission and City Council indicates the following: I (a) On June 25, 1998, D. Bartlett Associates, on behalf of Ellen Musso, et ai, submitted general plan and zone change applications for 0.53 acres located generally at 321 Seal Beach Boulevard. (b) The subject property is comprised of nine (9) parcels, upon which the applicant is proposing to construct eight (8) detached single family residences, requiring a future subdivision of the subject property, on three parcels having twenty-six foot frontages, three parcels having twenty-nine foot frontages, and two parcels having thirty foot frontages. Resolution NUmber~1'1 (c) The subject property is legally described as Lots 11, 13,15, 17, 19, 21,23,25, and 27 in Block 217 of Tract No. 10 as shown on a map thereof recorded in Book 9 Page 10 of Miscellaneous Maps and Records of Orange County, California (d) The surrounding land uses and zoning are as follows: NORTH: Mini MartlBait Shop, at the southwest comer of Pacific Coast Highway and Seal Reach Boulevard, C-2, General Commercial. I SOUTH: Single Family Residence on lot of approximately 2,587 sq. ft., C-2, General Commercial. WEST: Single Family Residential, RMD, Medium Density Residential EAST: Anaheim Bay and the Naval Weapons Center in the Public Land UselRecreation (pLU/R) zone. (e) Staff has prepared an Initial Study and proposed Negative Declaration as required by the California Environmental Quality Act. Staff has received three comment letters, with the County of Orange requesting the preparation of a "Water Quality Management Plan". City staff is recommending inclusion of the preparation of this plan as a condition of approval of any future subdivision requests filed for the subject property. The other commenting agencies, the Southern California Association of Governments and Caltrans District 12, expressed no concern with the proposal. (t) No new information was brought forward at the public hearing with regard to potential environmental impacts from the revised project that was not addressed in the Initial Study, or addressed by the additional condition of approval regarding the preparation ofa "Water Quality Management Plan". I Section 6. The City Council affirms that it independently reviewed Negative Declaration No. 98-3 prior to acting on the applications and hereby finds as follows: (a) Negative Declaration No. 98-3 was prepared by staff and therefore reflects the independent judgement of the City of Seal Beach; and (b) There is no substantial evidence in the record, which would support a fair argument that approval of the applications, with required mitigation measures, might have a significant environmental impact. Section 7. Based on the foregoing Sections 1 through 6, the City Council hereby adopts Negative Declaration 98-3 in compliance with the California Environmental Quality Act. PASSED, APPROVED AND ADOPTED~e City coun~ City o~ Beach at a meeting thereof held on the A _ day of J..I L~ 1998, by the following vote: . AYES: Council members 1 NOES: Councilmembers ABSENT: Council members VACANCY: Councilmembers Resolution Number~ 'fJalJi~~~ Patricia E. Campbell Mayor Pro- Tem I A~:7 ~ I~"dffJ; ~ City eierk U STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF SEAL BEACH } } } SS I, Joanne M. Yea, City Clerk of Seal Beach, California, do hereby certify that the foregoing resolution is the original copy of Resolution Number / ~ 7/ on file in the office of the City Clerk, passed, approved, and adopted by the City Council of e City of Seal Beach, at a ~ ~ereof held on the i! day of I .1998. I 1 . ......_. _. I ~__I_""'II_.. (2015.5 C.C.P.) j~"',/ Resolution Number Jr~/J 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. 1 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 !1as 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 \han 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: ~ /tJ,I?f7/ all in the year 1998. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Seal BeacQ, CA, this/ ~ day of~~ ,~998. ~ . Si ture PU3U::;ATION PR CESSED BY: THE SUN NE\'/SPAPERS 216 ~,'2in Street Seal.Beach, CA 90740 (562) 430-7555' (714) 759-7726 II..... ,,:):-'''""....''''' I'" ..........llw ...."''''........, Clerk's Filing Stamp ff'l k~'V \ . l)Lft 1,J ~~ /7 ~ ~: 'l t-- Proof of Publication of ..........i..."............................... I .......;....................................... --- PUBUC HEARING NOTICE NOncE IS HEREBY GIVEN 'hot the CIIy Council of the City of Seat Beach will hotel I Public Heerlng on MondlY Declmber . 14, 1198, .. 7:0Cf p.m, In the ~Ity Council Ctiembera, 211 Eighth Street seel Beach, Cerffomle, to con..'" the following nem: GENERAl PLAN AMENDMENT 98-2 ZONE CHANGE 98-2 321 Seal Buch_ . Aequeet: To rm.nchlhe General Plan and zOl1lng from General Commercial (C.2) 10 Medium DenSIty R8Sldenbal (RMD) 10 permit the future Conslrucllon of elghl (8) single famIly homes on parcels rangll1g In Width from 25 feet 10 30 flel Three lols .re proposed W11h . 25.1o?i wide Irantage, and Ihe frve re~ lots are proposed to be 30- feetll1W1Cfth Envlronmenta. AlvJew: ThiS pro,ecl II proposed Ie be granted . Mdlgate Negative Dedarallon Codl Sectlone: 28-700, 28-1400, 28-2500 - 28-2502, 28-2600 Appflclllt: D. &.Den end AIsocIaIes Own...: EIen G. Musso, EI. AI. AI. the above tme and D1ace 8H Inlerel!ded persons may be heard If 10 dHlred H you chall.. the proposed 8CbOns In court, you may be limited to rBlSlng only thosa ....es you or someone else rilsed at Ihe public heanng desalbed In Ihls nobel, or in wrIlIen ~ dellve18d to l1e CIty of Seal BeacI'i.., or prIOr to, the publIC hilling DATEDThls3OlhdllyolNCMlmber,1988 Lee Whlllenbe!1l. DVocIor" " DeveIopment-~ ~ lithe Se8J Buch Sun 1:/110198. I I