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HomeMy WebLinkAboutCC Res 4444 1996-03-11 RESOLUTION NUMBER 4k/ qI~ A RESOLUTION OF THE CITY COUNCn.. OF THE CITY OF SEAL BEACH, CALIFORNIA, ADOPTING REVISION 95-1 OF THE DEPARTMENT OF WATER AND POWER SPECIFIC PLAN THE CITY COUNCn.. OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. The City is proposing to revise the provisions of the current "Depanmelll of Water and 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 150 deletion of the clause which allows a greater number of rooms "upon City Council authorization", under subsection "b.", ~ the combination of the "Banquet Room (ReqJlired)" and "Meetini/Conference Rooms" under subsection "b. ", HgW, specifying the total capacity of these facilities at 175 persons the amendment to "BUILDING HEIGHT, Open Space", to read as follows: "The maximum hllildillg height of a structure shall he me f2) steFies not tEl exceed t'I"eR~ five (25') fifteen (15') 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 BeDt:h Police DepaNmeIll" the amendment of the compact car parking provisions to read as follows, "Up to 30% compact parking is specifically authorized, or the standard City requiremelll as set fonh in the Zoning Code, if greater 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.", HgW . . . . . . . . Section 2. Pursuant to 14 Calif. Code of Regs. f 15025(a) and f II.C and III 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. Section 4. The record of the hearing indicates as follows: (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 I I I I I I I . Resolution Number 41Lt./ ~ recommended by the DWP Specific Plan Advisory Committee, for the appropIiate 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 1, 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 la, Pages 58 and 59 of Maps, Records of Los Angeles County, shown as a portion of Parcel "A" in License Surveyors Map of the Tide1ands 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 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'" 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 ct. 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 Miscellaneous 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. EXCEPTING therefrom any portion thereof described as follows: Beginning at the most easterly comer 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 31. 17' 22" West 347.06 feet along the southeast 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 24. 22' 42" East 332.42 feet; thence North OS. 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 north-easterly having a radius of 940.00 feet a radial from said point bears North 42. 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. 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. EXCEPTING 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 Resolution Number ~#4 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; bounded southwesterly by the land described in said deed recorded in Book 85, Page 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 I 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. · (t) 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 I) General Plan Land Use designation: Residential High Density 2) Zoning designation: Residential High Density 3) Current Land Use: Attached single-family Residential I . SOUTH I) 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 I) General Plan Land Use designation: Residential High Density 2) Zoning designation: Residential High Density 3) Current Land Use: Detached single-family residential and attached multi-family residential WE>>T 1) General Plan Land Use designation: No designation 2) Zoning designation: None 3) Current Land Use: San Gabriel River (h) In 1982 the City adopted the Department of Water and I Power Specific Plan, which set forth allowed land uses and development standards for the subject property. The Specific Plan allows visitor-serving uses on the northerly 30% of the DWP parcel, more specifically, to the area adjacent to Marina Drive and First Street. In all cases, visitor-serving shall be limited to the area north of an imaginary westerly prolongation of Central Way. I I I Resolution Number ~t.I~ (i) Since adoption of the Specific Plan, there has been no formal deve10pment application received by the City regarding the subject property. G) Between 1989 and the present time staff has been involved with discussions with representatives of the Los Angeles City Department of Water and Power (DWP) regarding the development of an implementation mechanism which would be acceptable to both DWP and the City to effectuate the provisions of the DWP Specific Plan. During this time period, several variations of a "Request for Qualifications/Proposals", have been discussed, with the DWP Specific Plan Advisory Committee providing input into the development of the Proposal package. (k) Between 1991 and mid-I994, there was very little movement regarding the development of the RFP, primarily due to the economic situation. In mid-I994, the DWP contacted the City regarding the reactivation of the process to finalize the "Request for Qualifications/Proposals" document. At this time the document is in final review by legal counsel of both DWP and the City, and it appears that DWP staff is agreeable to seeking authorization of their Board to proceed, and ultimately receive approval of the Los Angeles City Council. (1) Staff prepared a report regarding the "Request for Qualifications/Proposals" process for City Council consideration on January 9, 1995, recommending that the City Council instruct staff to initiate meetings with the DWP Advisory Committee regarding the status of the RFP process. The City Council concurred with that recommendation. (m) The DWP Specific Plan Advisory Committee met on February 27, March 27, and April 24, 1995, to review and consider amendments to the current provisions of the DWP Specific Plan. (n) The DWP Specific Plan Advisory Committee prepared a "Memorandum", dated April 25, 1995, which set forth the recommendations of the Committee relative to proposed amendments to the Specific Plan (0) The recommendations of the DWP Advisory Committee were presented to the Redevelopment Agency on May 22, 1995 to provide direction to staff as to whether to schedule public hearings for amendments to DWP Specific Plan as recommended by DWP Specific Plan Advisory Committee or to proceed with the RFQ/P process. (P) The Redevelopment Agency instructed_staff to proceed with the preparation of the appropriate environmental documentation and staff reports to present the recommended amendments to the Planning Commission for consideration at public hearings. (q) The Planning Commission determined to recommend to the City Council approval of Revision 95-1 of the DWP Specific Plan through the adoption of Resolution No. 96-1, adopted on a 3-2 vote of the Planning Commission on January 3, 1996, with Commissioners Brown and Campbell voting "No". Section 5. The City Council noticed and conducted a public hearing on February 26, 1996, and the record of the hearing indicates: , (a) The City Council 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. (b) At the conclusion of the Public Hearing, the City Council detennined to approve the following additional amendments to the DWP Specific Plan: Resolution Number ~~~~ . The maximum number of hotel rooms shall not exceed ISO. . the open space use on the southerly 70% of the site shall be utilized as a "passive recreation facility, with no buildings located within the open space area". . Building Height - Open Space, shall apply only to light standards, as no other buildings or tall structures are envisioned for this area. . Compact car parking standards to be revised to comply with standard city requirement of 25%. I These additional revisions are not of a significant nature to require the recirculation of the Initial Study and proposed Negative Declaration 9S-S for the following reasons: . The Initial Study was circulated based on proposed reduction from 300 to ISO rooms, and the City Council concurred with that proposed revision. . 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 IS'. Further, the City Council, in order to ensire the passive nature of the Open Space area, will permit onl;y light standards and park benches in the Open Space area and the height of said light standards shall not exceed fifteen (IS) feet. . The proposed revision to 2S% 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. I (c) The City has adopted NegativeDeclaration No. 9S-S through the approval of Resolution No. 4443, which is incorporated herein by reference. Said Negative Declaration represents the independent judgement of the City of Seal Beach, and the additional amendments of the DWP Specific PLan were of such a minor nature as to not change the conclusions reached in the initial environmental assessment. Section 6. Based upon the evidence in the record, including the facts stated in I 4 and I S of this resolution, and in accordance with the environmental documentation prepared in conjunction with this project, and pursuant to II 28-29S0 through 28-29S3 of the City's ~, The City Council hereby finds as follows: (a) Proposed Revision 9S-1 of the DWP Specific Plan, as further amended by the City Council upon conclusion of the public hearing, will not be debimental to the short term or long term goals of the City of Seal Beach and are in the interest of the public health, safety and welfare in that the proposed revisions serve to update the DWP Specific Plan to be more consistent with existing land use within the community. (b) Proposed Revision 9S-1 of the DWP Specific Plan, as further amended by the City Council upon conclusion of the public hearing, will reduce future commercial development potential to a level of intensity more in keeping with the character and I existing land use in the surrounding neighborhood and in the City of Seal Beach, while still allowing for reasonable, economically viable use of the property, still in keeping with the intent of the DWP Specific Plan. (c) Proposed Revision 9S-1 of the DWP Specific Plan, as further amended by the City Council upon conclusion of the public hearing, is consistent with the General Plan of the City of Seal Beach, in that the revised DWP Specific Plan will I I I Resolution Number 41~~ encourage responsible development on the property which is not detrimental to the surrounding community. Section 7. Based on the foregoing, the City Council hereby adopts Revision 95-1 of the DWP Specific Plan as recommended by the DWP Specific Plan Advisory Committee Memorandum of April 25, 1995, and as modified by the Planning Commission on January 3, 1996, and as further amended by the determinations of the City Council upon the conclusion of their Public Hearing on February 26, 1996, attached hereto and made a part hereof as "Exhibit A", PASSED, APPROVED AND ADO~D by th\l City Council o~ City ~ Beach at a meeting thereof held on the __ day of 4--'" , 1996 by the following vote: . , AYES: Councilmem Councilmembersh ~ ~-+ NOES: ABSENT: STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) I, Joanne M. Yea, City Clerk of Seal Beach, California, dO~~fy that the foregoing resolution is the original copy of Resolution Number ~ ~ on file in the office o City Clerk, passed, approved, and adopted by the City CoUO' ~ City of Seal Beach, a regular meeting thereof held on the - day of ,1996. Resolution Number ~~4I~ "EXHIBIT A" 1. Deletion of "theater" from the existing "Open-5pace Uses Defined" language. 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 facilities located within the open space area" . 2. Reduce the maximum number of permitted hotel rooms from 300 to 150; 3. Deletion of the clause which allows a greater number of rooms "upon City Council authorization", under subsection "b.", Hllli:!. 4. Amend language and combine the "RanQlIet Room lRllQllired Qpiionan" and "Meetinl!/Conference Rooms" under subsection "b.", Hgtd, specifying the total capacity of these facilities at 175 persons. 5. The amendment to "BUILDING HEIGHT, Open Space", to read as follows: .!!:FIle lIlHifRtlRt Inlildiftg height sf B. Btthlie mfet}" MnietuFe. e.,.. light stftftElaM. teI~pheRe haetll. ate.. shall he twe f2) !Iltlftes lIet Ie exeeed WIeII~ five ~5') fifteel! (15') feet". "To ensure the passive 1UltUTe of the open space area, only light standards and park benchs shllll be allowed, and the height of said light standards shall 1101 exceed fifteen (15) feet. " 6. 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" . 7. the amendment of the compact car parking provisions to read as follows, "Up to ~ 25% compact parking is specifically authorized, or the standard City requirement as set fonh in the Zoning Code. 8. - the requirement that valet parking be restricted to "On-Site". 9. deletion of the provision which allows for the credit of parking spaces in the 1st Street parking lot, under subsection "7.b.",~. .. .. I I I I I I PROOF'OF PUBLICATION (2015.5 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 o.r 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 ~ 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 01 California, under thB 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 supplementthereol on the following dates, to-wit: 0'\ all in the year 19 9.6_. I certify (or declare) under penally of perjury that the foregoing is true and correct. Dated at Seal Beach, California, this \l day of ~ . . - a' 19~. 4{". .o"~n~~~~~ PUBLICATION PROCESSED BY: THE SUN NEWSPAPERS 216 Main Street Seal Beach, CA 90740 (310)430-7555 ~esolution Number ~~~~ This space for for the County Clerk's Filing Stamp Proof of Publication of ........................................................ .. ........................................................ .. ['-- NonCEOF- -'. ~E;...;;';..__ PU8UC HEARING A Negallve Declaratlon has been I NOTICE IS HEREBY GIVEN th81 prepared and 1& on f.le al the ,the CIty CouncIl of the CIty 01 Seal Depanment of Deve10pment 'Be8Ch will hold. public hearing SeMC8S. '2""ElghtrrSlre81. an 1Iondoy. ~ry 12, 1196, . Code_: 7:00 p.m. In the Clly Council ArtJCle 295 01 Chapler28 I~m"'" 211 Eighth S.-. SIll ~oI~~' B_ .....ch, CoII_ to ....Idor tho _., __, ,1oIIow1ng~: . - _Owner: I DEPARTIIENT OF WATER en, 01 Los Ar9- Department 01 , AND POWER SPEClRCPLAN. _ondPower I ~~BJ:c~S AI the above lime and place all NEGATIVE DECLARA1lON gw _ pors.ons me, be heard " :i (RRST STREET. BETWEEN . 80 deSired II you challenge the i. MARINA DRIVE ANa THE PUBLIC proposed acllOl'lS In coun, you may BEACH, SEAL BEACH) be IImIIId Io.....ng only _ISSUes , . . ~ or someone else raised at the . Thflequnt: .;. public hearing descnbed In thiS ; ICIly 01 SeolBeach proposes 10 nollCI, or " _ conupondlnCe lrevise "'e provwons of the current delivered to Ihe CIty of seal Beach +TJepanmenr of Waler and Power at, orpnorlD, the pW>>bc hBBnng ~Spflt!."'C p'lan- ~n t!le fpllowl~g DATED nus 8th day 01 January, manner ... . . ~ . 1996 : . deletion of ""eate'- from the Joanne YIO, CIty Cln . _ "Opon-SpoClllsos Defined' _ oI_1ieadl 11onguIig1" -, . I rflductlon In the maximum Pub. Sel' Beach Sun Journal t number of pennttled holel rooms 01/11188 , from 300 10 a number 10 be ,: dBlellTWlBd between 150 and 300 I . deletion of the clause which ! allCM&a greater number of rooms "upon City CoUncil authorlzabon-: r under subSecbon "'b -, t:mlIl :. .thec:crnbHiollonolthe:!llmll1lll f !/X=~~:~~~I~ .llUbsocllon'b..-' Ihe ; __011110$11..._ 175 plllDns 1 . the amendment to "'BUILDING . HEIGHT, Coen Space-, 10 read as follows: "The maxlmu~ ~ ..~c1.struclurestm.lI~ .__not_exceed! I ~ It I (at) fdI8M f15' leer .1O_the_rv_1I Ihe end 01 Secbon 7 b., ., road In lIS emtrety .Subterranean parking IS . specifically luthonzed, subjecl ro . _, or IllCUn/JI....SU18S by Ihe . .Sea/__DspIJ1msrII" . the amendme[lt oIlhe comp8c1 car parking proVIsions 10 read IS . _"!JP"3O%_~ .. Is specifically luthonzed, or the ~ stlridard City requirement as 'el I _..",. Zomrv Codo. d _,.. _.1lllI. ,. .the_h'.....porIcing . be _10 'On-&Io" : . dlllIion 01 'hi provision _ ., allows for 1he credit of parkl.ng spaces In tha 1st Street pa!'krlg lOt, under_7b",tIliIllI . The pr~posed revisions to the SoecdIC Plen will update In8 CUfTenl plan, and result in future development 01 the Slle which Is : more compallble with Ihe r- surrounding land uses and . acceplable to the communlly In .. aenelBL ~ Resolution.Number ~4I~~ PROOF' OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, Counly of Orange This space for for the County Clerk's Filing Stamp I am a cilizen 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 weekly in the Cily of ~ 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 dales, to-wil: I Proof of Publication of .....Oo.............................................. .. ..............................Oo........................ .. JA r NOTICE OF IlESCHEDULED ; PUBLIC HUlliNG i NOTICE IS HEREBY GIVEN 1hIl Iho pul>llc ....nrv .....0010 to bl - hllJd boIoro 11I1 SIll Bolch CIty . CouncIl on _" FIbNlry 12t1i, 1996 at 7:00 p.m. In the City CDuncll Chambers, 211 Eighth . Street, Seal Belch, CalHoml., to I conseder the Department 01 Waler : - p_ Spocollc PIon. "'- .. R_ tothl SpecifIC PIoiI. _ I Negative OeclaraUon 95.5, II - h.tab)' rescheduled for . '~conslderatlon by the City Council . . on Monday, FebrUary 26U'1. 1996 at: ..iio......"""''''''-. I DATED ThII SIh dIy of FIIbruory, L 11186 . ........... YIO, CIty Clerk I CIty of Sool_ I Pub. Seal B.ach Sun Journal iCle'Olll!l8 . ~ .... I all in the year 19 96_. I certify (or declare) under penally of perjury that the foregoing is true and correct. Daled at Seal Beach, California, this -~ day of F ~Il....... "CS 19~. -Ctv., .o.~ ~ \~ ~,,:/l[}.()~ Signature PUBLICATION PROCESSED BY: THE SUN NEWSPAPERS 216 Main Street Seal Beach, CA 90740 (310)430-7555 I