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HomeMy WebLinkAboutCC Res 4443 1996-03-11 I I I ~ RESOLUTION NUMBER ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, ADOPTING NEGATIVE DECLARATION NO. 95-5, RELATING TO REVISION 95-1 OF THE DEPARTMENT OF WATER AND POWER SPECIFIC PLAN THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section I. The City is proposing to revise the provisions of the current "Department of Water 01Id Power Specific Plan" in the following manner: . deletion of "theater" from the existing "Open-Space Uses Defined" language a reduction in the maximum number of permitted hotel rooms from 300 to ISO deletion of the clause which allows a greater number of rooms "upon City Council authorization", under subsection "b.", ~ the combination of the "Banquet Room lReqJlil'e(\)" and "Meetinl!:/Conference Rooms" under subsection "b.",~, specifying the total capacity of these facilities at 17S persons the amendment to "BUILDING HEIGHT, Open Space", to read as follows: "The maximum III1i1diRg height of a structure shall lie Rye f~ lItefies not te exceed tweftty five (2S') fifteen (IS') feet" to include the following clause at the end of Section 7.b., to read in its entirety "Subterranean parking is specifically authorized, subject to approval of security measures by the Seal Beach Police Department" the amendment of the compact car parking provisions to read as follows, "Up to 30% compact parking is specifically authorized, or the standard City requirement as setfonh in the Zoning Code, ifgreater than 30%. the requirement that valet parking be restricted to "On-Site" deletion of the provision which allows for the credit of parking spaces in the 1st Street parking lot, under subsection "7.b.", ~ . . . . . . . . Section 2. Pursuant to 14 Calif. Code of Regs. i IS02S(a) and i D.C and ill of the City's Local CEQA Guidelines, staff prepared an Initial Study and Negative Declaration, which were circulated for public review and comment from October 10 to October 30, 1995, in compliance with the provisions of the California Environmental Quality Act and the City's Local CEQA Guidelines. Section 3. A duly noticed public hearing was held before the Planning Commission on December 6, 1995 to consider the proposed revisions to the Department of Water and Power Specific Plan, the Initial Study and the Negative Declaration. At the public hearing the Planning Commission received testimony from representatives of the property owner and the public regarding the proposed revisions, the Initial Study and Negative Declaration, both in favor and in oppoSition. The Planning Commission determined to recommend to the City Council the adoption of Negative Declaration 9S-S through the adoption of Resolution No. 9S- 26, adopted on a S-o vote of the Planning Commission on December 6, 1995. . ~ Resolution Number ~~~~ Section 4. The City Council conducted a duly noticed public hearing on February 26, 1996, and received into evidence the Report of the Planning Commission, including the Staff Report dated December 6, 1995, Planning Commission Resolution's No. 95- 26 and 96-1, and the Minutes of the Planning Commission meetings of December 6, 1995, and January 3, 1996. In addition, the City Council considered all written and oral evidence presented at the time of the public hearing. Section 5. The record of the hearing, including the evidence presented to the Planning Commission, indicates as follows: I (a) City staff has received direction from the City Council to prepare this matter, proposed revisions to the Department of Water and Power Specific Plan as recommended by the DWP Specific Plan Advisory Committee, for the appropriate public hearings, in accordance with the provisions of State law and local ordinances. (b) The City of Seal Beach is requesting to amend provisions of the Department of Water and Power Specific Plan as set forth in Section I, above. (c) The subject property is legally described as: Parcel No.1 All that portion of Naples Extension situated in the City of Seal Beach, County of Orange, State of California, recorded in Book 10, Pages 58 and 59 of Maps, Records of Los Angeles County, shown as a portion of Parcel "A" in License Surveyors Map of the TIdelands East of Naples, recorded in Book 2, Pages 47 and 48 of the Record Surveys of said Orange County and described as Part 2 in Exhibit A-I of deed recorded in Book 869, Page 1 of Official Records of said Orange County. Excepting therefrom that portion lying northeasterly of the land conveyed to the State of I California for highway purposes recorded in Book 426, Page 378 of Deeds, Records of said Orange County. Also, all that portion ofa fraction of the southwest \4 of Section 11, T. 5 S., R. 12 W., S.B.M. in said County of Orange, a portion of the Rancho Los Alamitos as per map thereof recorded in Book I, Page 460 et. seq., of Patents, Records of Los Angeles County, described as Part 3 in Exhibit A-I of deed recorded in Book 869, Page 1 of Official Records of said Orange County. Also, all of lots I, 2, and 3, Block 100 in Tract No. 698 as per map thereof recorded in Book 31, Page 27 of Miscel1aneous Maps, Records of said Orange County and described as Part 4 in Exhibit A-I of deed recorded in Book 869, Page 1 of Official Records of said Orange County. Also, all that portion of Block "C" of Bay City as per map thereof recorded in Book 3, Page 19 of Miscellaneous Maps, Records of said Orange County and- described as Part 5 in Exhibit A-I of deed recorded in Book 869, Page 1 of Official Records of said Orange County. EXCEPI'ING therefrom any portion thereof described as follows: Beginning at the most easterly corner of the land described in said Part 3 of Exhibit A-I in a Deed to the City of Los Angeles, California recorded in Book 869, Page 1 of Official Records; thence South 310 17' 22" West 347.06 feet along the southeast I boundary of said land of the City of Los Angeles, the southeast boundary of said Lots 1,2, and 3 and the southeast boundary of said Block "CO; then North 240 22' 42" East 332.42 feet; thence North oso 38' 24" West 33.18 feet to a point on the northeast boundary of said land of the City of Los Angeles said point being on a curve concave nOIth-easterly having a radius of 940.00 feet a radial from said point bears North 420 07' 31" East; thence along said curve and the boundary of said land of the City of Los Angeles southeasterly 60.68 feet to the point of beginning. I I I ....... .Resolution Number ~~ Parcel No.2 All that portion of Block "B" of Bay City as per map thereof recorded in Book 3, Page 19 of Miscellaneous Maps, Records of said Orange County and described as Parts 7 and 8 in Exhibit A-I of deed recorded in Book 869, Page 1 of Official Records of said Orange County. EXCEPI'ING therefrom, that portion of said land for public road and highway purposes described in deed recorded in Book 536, Page 49 of said Official Records. Also, all that portion of the southwesterly half of Ocean Avenue, 80 feet in width, as shown on Bay City, as per map thereof recorded in Book 3, Page 19 of Miscellaneous Maps, in the Office of the County Recorder of said County, and that portion of Block "B" of said Bay City, bounded southeasterly by the southerly prolongation of the easterly line of Block "C" as shown on said map of Bay City; bounded northwesterly by the westerly line of the land described in deed recorded in Book 85, Page 144 of Deeds, Records of said Orange County; bouoded southwesterly by the land described in said deed recorded in Book 85, J'age 144 of Deeds, and the land described in deed recorded in Book 536, Page 49 of said Official Records; and bounded northeasterly by the northeasterly line of said southwesterly half of Ocean Avenue. (d) The site is located along the west side of First Street, east of the San Gabriel River, immediately south of Marina Drive, and north of the First Street public beach parking lot. The site is irregular in shape, having approximately 800 feet of frontage on First Street and 296 feet of frontage on Marina Drive. The site varies in depth, being approximately 480 feet in depth at the deepest point, 296 feet along north property line, and approximately 317 feet deep adjacent to Ocean Avenue. The site comprises approximately 9.0 acres. (e) The subject property was formerly the location of a large power plant of the Los Angeles Gas and Electric Company (now Department of Water and Power). The property has been surplus DWP land since the plant was demolished in the mid- 1970's. The property is currently vacant. (f) The General Plan and the zoning map indicate the subject area to be designated for and zoned for "SPR-C", Specific Plan Regulation - Commercial. (g) The surrounding General Plan Land Use designations, zoning designations, and current land uses are as follows: NORTH 1) General Plan Land Use designation: Residential High Density 2) Zoning designation: Residential High Density 3) Current Land Use: Attached single-family Residential SOUTH 1) General Plan Land Use designation: Public 2) Zoning designation: Public Land Use\Recreation 3) Current Land Use: Public beach parking lot and public beach EAST 1) 2) 3) General Plan Land Use designation: Residential High Density Zoning designation: Residential High Density . Current Land Use: Detached single-family residential and attached multi-family residential WFST 1) General Plan Land Use designation: No designation .....- Resolution Number ~~~~ 2) Zoning designation: None 3) Current Land Use: San Gabriel River (II) Staff has prepared an initial environmental assessment and proposed Negative Declaration as required by the California Environmental Quality Act (CEQA). Staff received comments back from five (5) agencies. The City of Long Beach and Cal Trans District 12 expressed no concern with the proposal. The Southern California Association of Governments indicated the project was not regionally significant. The Coastal Commission discussed Coastal Act issues and recommendations for minor language I modifications. The City of Los Angeles Department of Water and Power provided comments . and such comments have been addressed by the staff. (i) At the conclusion of the Public Hearing, the City Council determined to approve the following additional amendments to the DWP Specific Plan: . The maximum number of hotel rooms shall not exceed 150. . the open space use on the southerly 70% of the site shall be utilized as a "passive recreation facility, with no buildings or active recreation facilitieslocated within the open space area" . · Building Height - Open Space, shall allow only light standards and park benches and the fifteen foot hight limit shall apply only to light standards. . Compact car parking standards to be revised to comply with standard city requirement of 25 %. These additional revisions are not of a significant nature to require the recirculation of the Initial Study and proposed Negative Declaration 95-5 for the following reasons: · The Initial Study was circulated based on proposed reduction from 300 to 150 rooms, and the City Council concurred with that proposed revision. I . The Initial Study was circulated with proposed deletions of uses in the "Open Space" portion of the site to lend the area to a more passive use, e.g., deletion of "theater", and the proposed revision is in general concurrence with the revision discussed in the Initial Study. In addition, the height of structures in the "Open Space" portion of the site was proposed to be limited to 15'. The action of the City Council eliminated certain recreation type structures from being located in this area, such as gazebos, picnic area covers. etc. . The proposed revision to 25% compact car parking spaces from 30%. is of a minor nature, and would not changed any of the environmental impacts discussed in the Initial Study related to traffic and circulation issues. (j) No new infonnation was brought forward during the public comment period or at the public hearing before the City Council with regard to potential environmental impacts from the project that was not addressed in the initial environmental assessment. Section 6. The City Council affirms that it independently reviewed and I analyzed proposed Negative Declaration No. 95-5 prior to acting on the application and hereby fmds as follows: (a) Negative Declaration No. 95-5 was prepared by City Staff and therefore reflects the independent judgement of the City of Seal Beach; and I I I Resolution Number ~~ (b) There is no substantial evidence in the record which would support a fair argument that approval of the project might have a significant environmental impact; and (c) Approval of this project will create no potential for adverse effect, either individually or cumulatively, on wildlife resources and will not have an adverse impact on fish and wildlife and the City Council hereby directs the Director of Development Services to file the appropriate De Minimus Impact Finding for the California Department of Fish and Game Certificate of Fee Exemption; and (d) Proposed Revision 95-1 of the DWP Specific PIan will reduce future commercial development potential to a level of intensity more in keeping with the desires of the citizens of the City of Seal Beach, while still allowing for reasonable and economically \'iable use of the property. Section 7. Based on the foregoing, the City Council hereby adopts Negative Declaration No. 95-5, in compliance with the California Environmental Quality Act and the City's Local CEQA Guidelines. PASSED, APPROVED AND ADO~bY the City CoU~~fSeaI Beach at a meeting thereof held on the - day of , 1996 by the following vote: } AYES: Councilmembe NOES: Councilmembers &-'-' I - Councilmembers~ !-- ABSENT: STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) Resolution Number #~'7'..2 PROOF'OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, County 01 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 the principal clerk of the printer of the SEAL BEACH SUN, a newspaper of general circulation, printed and published weeklv 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 01 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: yCl all in the year 19J1.P_. I certify (or declare) under penally of perjury that the foregoing is true and correct. Dated at Seal Beach, California, ~~is \l day of ~ - . 0 ,1996 . 4(" .o-'~n~~Yf~~v~ PUBLICATION PROCESSED BY: THE SUN NEWSPAPERS 216 Main Street Seal Beach, CA 90740 (310)430-7555 This space for for the County Clerk's Filing Stamp I Proof of Publication of ..404o4o....4o.......................................... .. ........................................................ .. NOTICE OF PUBUC HEARING NOnCE IS HEREBY GrvEN th. Ill. City Council'" rh. city '" SIll Beach will hold . public hearing on Monday, Februt.!'Y 12. 18M. M 7:00 p.m. In the CII)' Council Cumbo.., 211 Efghlh _ SIll =. Coil_ie, to conoldor .... g~: - DEPARTMENT OF WATER AND POWER SPECFIC PLAN. PROPOSED REVISIONS TO SPECIFIC PLAN NEGAllVE DECl.ARA1lllN 15-1 (RRST STREET, BETWEEN MARINA DRiVE AND THE PU8UC BEACH. SEAL BEACH) !loqUIII: i Tho City 01 SoaI Beech p_ 10 reVISe Itie Provl&ions of the current "'Department of Water and PDwer Specific Plan"' In Ihe fplJowlng manner -..,": -: - . delellon 01 "theater" from Ihe .-rv "Opon-Spoce ~ De~necr Iongullll. . . . a reduction In the maximum number of permitted hotel rooms from 300 10 a number 10 be determaned between 150 and 300 +. deletion ollhe clause which aIlbw&-a greater number ot rooms .upon City Council IUlhonzatlon-, under subSeCbon "b:, t:IlnII. + !hi camblno1lon 01111I ::ElaJJmW !1.\'.O'::~~n~~ii= u~~ SUbsection "b.", ng the 1DIaI capaaty of these laClllbes al 175 PllIOne + the amendmenllo -SUILDING HEIGHT. ODen Space-, 10 read as 'ollows' "The maxlmum.a height m ,. stnlCblfA shan .......noI.excHdI1 111'1 HAM 115"1 leer . lID Include the foUowIng clause at the end 01 SIcbon 7.b.. 10 IUd In lis entIrety .SublelT8nean parking IS specifically authorIZed, ,ubjeCllo _'0 __surosbylhe SII/__Of/pIIImIInI" . the amendment of the compact car parking prOVISions 10 read as _ 'UP 10 3O%_porIong Is &peclflcally aUlhorlzed, or llle .t.nard City requIrement as sel forth .. IhI Zoning COde, d gl8lll' 1I1In30"- + the _101111I1 valol porterv bo__Io"QI-SU" "\.. . deletion of the provision which allows for the credit of parking IpoC8I .. Ihe 1&1 St.... porteng lor. under sWseclJoni.b",.I:fgJg! The proposed revisions 10 Ihe SoecdIC Plan will update the currel'll plan, and resull In future development 01 the Site which IS more compatible With the su rroundlng land uses and acceptable 10 Ihe commUnily In oene,.l. "_ _.. _0 Envlrormen..' RevIew: A Negallve DeclaratIOn has been prepared and IS on hie 81 Ihe Oeperlmenl a. Developmenl SeMC8S, 211 Elghlh Streel Code Sactiona: _ 29.5 01 ChepIIr 28nAIlPlIconl' ClIyolSoOJBeach """'""" ClwMr: CIty 011.00 Argel.., Dope_nI 01 Water and Power At the above time and place all -....- _ may blhoonl S so desired II you Challenge the DrOPOHd fICbOns In court, you may be firMed 10 raISIng only 1hOSI18SU85 yo'} or someone llse raised al lhe publiC hearing descnbed In Ihls noIIC8, or In written corre~ deUv8red 10 the City 01 Seal Beach II, or pnor 10, the public he8nng. DATED This 8th day of January, --1998 ....,.,.Yoo, CIty aork CIty 01 SloIlleoch PLlb Seal Seach Sun Journal 01/111ll6 I I I I I Resolution Number ~~ PROOF.OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, County 01 Orange This space for for the Counly Clerk's Filing Stamp - I am a cilizen 01 the United States and a resident 01 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 the principal clerk of the printer 01 the SEAL BEACH SUN, a newspaper of general circulation, prinled and published weeklv in the City of Seal Beach, County 01 Orange and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Orange, Slate 01 California, under the date of 2/24/75. Case Number A82583; that Ihe 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 supplementthereol on the following dates, to-wit: Prool 01 Publication 01 ........................................................ .. ........................................................ .. NOTICE OF RESCHEDULED PUBLIC HEARING NOTICE IS HEREBY GIVEN lhIl the public hearing schedule to be hllnl bIfol8 1111 Sill BolIch CIty CouncIl on Monday, FebI\lllY 1211i, 1996 81 7:00 p.m. In the City Council Chambers. 211 Eighth Street. &ear Beach. california. to conseder the Department 01 Waler Ind Power SpIlCOfIC PIon. PI1lJlllIId Revisions to 1110 SpeclfIC PIon, Ind Negallve Declarallon 95-5, Is . hereby rescheduled for "'Conslderatlon by the City COuncil on Mondav. February 26th. 1996 at . - itie same hour ~ location. - DATED 1bIs lIIh do, 01 Flbllll/Y. 1998' __ M. Yoo, CltyClork CIty 01 Soolllllch Pub. Seal Blach Sun Journal 02I0IIIlIIl ~ all in the year' 9.2-6_. I certify (or declare) under penally 01 perjury thai the foregoing is true and correct. Dated at Seal Beach, Calilornia, . ~his ,.'f.. day of F .a...... l 6 19~. 4~"~ .~~~g~~lu~-:-"')'~~ PUBLICATION PROCESSED BY: THE SUN NEWSPAPERS 216 Main Street Seal Beach, CA 90740 (310)430-7555