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HomeMy WebLinkAboutCC Res 4490 1996-07-22 RESOLUTION NUMBER #tJO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CAUFORNIA, ADOPTING NEGATIVE DECLARATION NO. 96-1, RELATING TO REVISION 96-1 OF THE MAIN STREET SPECIFIC PLAN THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: I Section 1. The City is proposing to revise the provisions of the current" Main Street Specific Plan" to update this policy and implementation document to more accurately reflect the goals, policies, and implementation strategies which the City will utilize in its efforts to maintain the character and identity of Main Street. Section 2. Pursuant to 14 Calif. Code of Regs. fi 15025(a) and fi n.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 January 30 to February 21, 1996, 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 February 21, March 6, and March 20, 1996 to consider the proposed revisions to the Main Street Specific Plan, accompanying implementing actions, the Initial Study and the I Negative Declaration. At the public hearing the Planning Commission received testimony from the public regarding the proposed revisions, the Initial Study and Negative Declaration, both in favor and in opposition. Section 4. The City Council conducted a duly noticed public hearing on June 24, 1996, and received into evidence the Report of the Planning Commission, including the Staff Reports dated February 21, March 6, March 20, April 3, and April 17, 1996, Planning Commission Resolution's No. 96-10 through 96-16, and the Minutes of the Planning Commission meetings of February 21, March 6, March 20, April 3, and April 17, 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 indicates as follows: (a) City staff has received direction from the City Council to prepare this matter, proposed revisions to the Main Street Specific Plan as recommended by the City Council and Planning Commission' after conducting two joint study sessions in February and August, 1995, for the appropriate public hearings, in accordance with the provisions of State law and local ordinances. I (b) The City of Seal Beach is requesting to amend provisions of the Main Street Specific Plan as more fully set forth in the "Main Street Specific Plan" , dated January 17, 1996, and as generally described in Section I, above. (c) The subject area is legally described as: I I I Resolution Number ~~~" "Bay City Tract, Block 7, Lots 29, 31, 33, 35, 37, 39, 41, 43, 45, and 47; Miscellaneous Maps, Book 3, Page 19 Bay City Tract, Block 8, Lots 6, 7,8,9, 10, 11, 13, 15, 17, 19,21,23,25,27,29,31, 33,35,37,39,41,43,45, and 47; Miscellaneous Maps, Book 3, Page 19 Bay City Tract, Block 9, Lots I, 2, 3, 4,5, 6, 12, 14, 16, 17, 18, 19,20,21,22,24, 26, 28, 30, 32, 34, 36, 38, 40, 42, 44, 46, and 48; Miscellaneous Maps, Book 3, Page 19 Bay City Tract, Block 107, Lots 1, 3, 5, 7, 9, 11, 13, 15, 17, and the southerly 12.5 feet of Lot 19; Miscellaneous Maps, Book 3, Page 19 Bay City Tract, Block 108, Lots 1,2,3,4,5,7,9, 11, 13, 15, 17, 19,21,23,25,27, 29, 31, 33, and 35; Miscellaneous Maps, Book 3, Page 19 Bay City Tract, Block 109, Lots 2, 4, 6, 8, 10, 12, 14, 16, 18, 20, 22, 24, 26, 28, 30, and 32; Miscellaneous Maps, Book 3, Page 19" ' "Stanton and Lothians 1st Addition, Block 208, Lots 1, 3, 5, 7, 9, 11, 13, 15, 17, 19, 21,23,25,27,29,31,33, and 35, 37, 39, 41, and 43; Miscellaneous Maps, Book 3, Page 29" "Bay View Tract, Block 209, Lots 1,2,3,4,5,6,7,8, 18,20,22,24,26,28,30,32, 34, 36, 38, 40, 42, 44, 46, 48, 50, and 52; Miscellaneous Maps, Book 8, Page 91" Tract No.2, Blocks A, B, C, and L; Miscellaneous Maps, Book 9, Page 3" "Tract 1009, Block 7, Lot 6 except the westerly 5 feet thereof, Lots 7, 8,9, 10, 11, 12, 13, 14, and Lot 15 except the westerly 5 feet thereof; Miscellaneous Maps, Book 33, Page 16' (d) The Main Street Specific Plan area is located along both sides of Main Street, belween Pacific Coast Highway and Ocean A venue, including Eisenhower Park and the 8th and 10th Street public beach parking lots. The subject area is irregular in shape, and comprises approximately 14.8 net acres, and approximately 21 gross acres, including public roadways and alleys. (e) The subject area is the location of the historic commercial area of Seal Beach and comprises primarily commercial uses along Main Street, with public recreation uses provided at Eisenhower Park and the beach. Public uses along 8th Street which are included in the Main Street Specific Plan area include City Hall, Fire Station 44, and various public parking lots. (f) The General Plan and the zoning map indicate the subject area to be designated for and zoned for oService Commercial", "General Commercial", and "Public Land Use". The proposed provisions of the implementing actions. for the Main Streel Specific Plan would change those designations for the subject areas to "Main Street Specific Plan Zone" . (g) The surrounding General Plan Land Use designations, zoning designations, and current land uses are as follows: NORTH 1) General Plan Land Use designation: Service Commercial and General Commercial 2) , Zoning designation: Service Commercial and General Commercial 3) Current Land Use: Commercial uses along Pacific Coast Highway Resolution Number ~~~~ 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) 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 I WEST 1) General Plan Land Use designation: Residential High Density 2) Zoning designation: Residential High Density 3) Current Land Use: Detached singie-family residential and attached multi-family residential (h) Staff has prepared an initial environmental assessment and proposed Negative Declaration as required by the California Environmental Quality Act (CEQA). Staff received comments from five (5) agencies relative to the proposed Negative Declaration. The City of Garden Grove and Caltrans District Offices 7 and 12 expressed no concern with the proposal. The County of Orange discussed issues relating to absorption rates, drainage patterns and surface runoff. The Coastal Commission discussed local- and visitor- serving issues and requested copies of certain documents. Staff prepared a memorandum to the Planning Commission which discussed the various issues and provided a staff response, dated March I, 1996 (i) At the conclusion of the Public Hearing, the Planning I Commission determined to recommend the following additional amendments to the Main Street Specific Plan Revision 96-1, Zone Text Amendment 96-3 and the AB 1600 Report: . Reduce the allowable size of desert shops, coffee houses, and other similar establishments to provide seating for no more than 10 customers and the gross square footage of the establishment shall nol exceed 1,000 square feet;.. . Require a conditional use permit for desert shops, coffee houses, and other similar establishments which wish to provide seating for more than 10 customers and the gross square footage of the establishment exceeds 1,000 square feet;... . Requires gas stations located on a major arterial to comply with the provisions of Section 28-2318, Service station standards. . Places a numerical cap on the number of off-premise alcohol sale establishments and sets standard operating hours for those establishments. . Sets standard operating hours for new restaurants established within the Main Street Specific Plan area. . Proposes a parking requirement of 1 space per 250 square feet of floor area for desert shops, coffee houses, and similar establishments. . Proposes elimination of the establishment of a Business Improvement District. I . Provides for the possible acquisition of an additional surface parking lot in the general area of Main Street and Central Avenue. I 1 I Resolution Number ~+I~~ · Provides for modification to the parking in-lieu fees and AB 1600 Parking Impact Fees from SIOO/spacelyear to S350/spacelyear and from S3,614.14/space to $5,197.62/space. 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 circulaled based on proposed revisions to the current Main Streel Specific Plan and the establishment of a Main Street Specific Plan Zone. The amendments to these proposals as set forth above are minor in nature and have no substantial impact upon the environmental issues discussed in the Initial Study and Negative Declaration 96-1. . The Initial Study was circulated with proposals for amendments to the General Plan, a complete revision to the Main Street Specific Plan, the establishment of zoning ordinance provisions for the establishment of the Main Street Specific Plan Zone, and the establishment of an AB 1600 parking fee for the Main Street Specific Plan area, and the proposed revisions are in general concurrence with the revisions discussed in the Initial Study. · The proposed revisions set forth above are of a minor nature, and would not change any of the environmental impacts discussed in the Initial Study relating to the revision of the Main Street Specific Plan and other implementing actions. (j) At the conclusion of the Public Hearing, the City Council determined to approve the following additional amendments to the Main Street Specific Plan Revision 96-1, Zone Text Amendment 96-3 and the in-lieu parking fee: . Eliminate proposed license plate analysis, parking structure on 8th Street lot, and property acquisition and improvements for 28 space parking lot, including meters. · Retain existing SIOO.OO/space/year in lieu fee for existing businesses obligaled to pay the fee, and establish a S3,500.00/spacelyear in lieu fee for new businesses which require greater parking than the current land uses. These additional revisions are not of a significant nature to require the recirculation of the Initial Sludy and proposed Negative Declaration 96-1 for the following reasons: . The Initial Study was circulaled based on proposed revisions to the current Main Street Specific Plan and the establishment of a Main Street Specific Plan Zone. The amendments to these proposals as set forth above are minor in nature and have no substantial impact upon the environmental issues discussed in the Initial Study and Negative Declaration 96-1. Future project implementation of major parking facility acquisition/improvements would require separate environmental analysis, as was indicaled in the Initial Study. The determination to eliminate specific, proposed parking facility acquisition/improvements does not impact the environmental analysis conducled in the Initial Study and Negative Declaration 96-1. . The Initial Study was circulaled with proposals for amendments to the General Plan, a complete revision to the Main Street Specific Plan, the establishment of zoning ordinance provisions for the establishment of the Main Street Specific Plan Zone, and the establishment of an AB 1600 parking fee for the Main Street Specific Plan area, and the proposed revisions are in general concurrence with the revisions discussed in the Initial Study. Future project implementation of major parking facility acquisition/improvements would require separate environmental analysis, as was indicaled in the Initial Study. The determination to eliminate Resolution Number 441'Qo specific, proposed parking facility acquisition/improvements does nol impact the environmental analysis conducted in the Initial Study and Negative Declaration 96-1. . The proposed revisions set forth above are of a minor nature, and would not change any of the environmental impacts discussed in the Initial Study relating to the revision of the Main Street Specific Plan and other implementing actions. Future project implementation of major parking facility acquisition/improvements would require separate environmental analysis, as was indicated in the Initial Study. The determination to eliminate specific, proposed parking facility acquisition/improvements does not impact the environmental analysis conducted in the Initial Study and Negative Declaration 96-1. I (k) No new information was brought forward during the public comment period or that the public hearings 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 analyzed proposed Negative Declaration No. 96-1 prior to acting on the accompanying applications and hereby finds as follows: (a) Negative Declaration No. 96-1 was prepared by City Staff and therefore reflects the independent judgemenl 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 project might have a significant environmental impact; and (c) No new information was brought forward during the public comment period or at the public hearing with regard to potential environmental impacts from I the project that was not addressed in the initial environmental assessment. (d) 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 (e) Proposed Revision 96-1 of the Main Street Specific Plan will establish future commercial development potential and standards 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 use of the properties within the boundaries of the proposed Main Street Specific Plan Zone, still in keeping with the intent of the Main Street Specific Plan and its implementing documents. Section 7. Based on the foregoing, the City Council hereby adopts Negative Declaration No. 96-1, in compliance with the California Environmental Quality Act and the City's Local CEQA Guidelines. PASSED, APPROVED AND ~RDb at a meeting thereof held on the day vote: uncil of the City of Seal Beach , 1996, by the following I I I I AYES: Resolution Number Councilmem councilmem~ ~+ NOES: ABSENT: _ ~h /C\~A;;rL-" MAYOR A~ ~ ~f.~W! C do cv CLERK / ,.$o~\\\\,. .G' f SEAL 8:'t~ .==-"" 0...0.0.000. I'of. I". :: ~ ....'O..POIl4;.o ~ ~\ 2 ~ I",<#' '.\'S- 7. · ~o ~ l-;. ,. ~o: ! 0( ~"'~o o.:~2 \~"."o. ,..../~1 l'"QA,.....'1t 27. ,q.."'...~.# ~,~ C': ooooooe.C}J'.,,;# "',,~IJNT1, At' "~Ulll STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) I, Joanne M. Yea, City Clerk of Seal Beach, California, do here~ certify that the foregoing resolution is the original copy of Resolution Number .r~ ~ on file in the office of "ty Clerk, passed, approved, and adopted by the City Council of ~e City of Seal Beach, at a ~u meeting thereof held on the d.t9",. ~ , day of ,1996. Resolution Number ~~~ PROOF'OF PUBLICATION (2015.5 C.C.P.) ThIs space for for the County Clerk's Filing Stamp STATE OF CALIFORNIA, County 01 Orange I am a citizen of the United States and a resident o/Ihe County afore, said; I am over the ~ge 01 eighteen years, and not a party to or inter- ested in the above-entitled maller. I am the principal clerk of the printer 01 the SEAL BEACH SUN, a newspaper 0/ general circulation, printed and published weeklv in the Gity of Seal Beach, County of Orange 'and which newspaper has been adjudged a newspaper of general circulation by the Superior Court 01 the County of Orange, Slate 01 Cali/ornia, under the date 01 2/24nS. Case Number A82583; Ihatthe notice 01 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: 0'!> ...11 in the year 19.2.P_. Proof 01 Publication 01 , NOTICE OF AI Muro _nt WIth,n Ih. PUBUC HEARING ' MOIn - SpecIIIc PIon Alo. ..II , have 10 be conll.tenl with Ih. NonCE IS HERESY GIVEN Ih.. adopted project City Ih. City Council 0' 'h. City 01 Ilmplomo- "",,_Inckld., S..I S..ch wilt hold . public . Implementation 0' Ih. Parking h..rlng on Monday, Jun. 24. Management Program" 11.1, at 7:DO p.m. In the Clt, . HIrIng an arbon" io Identify a Council Chamber,. 211 Eighth naw Ir.. type and appropriate Street. .... BelIch, Clltfomta, to planting method, b MBln'StrHt; - III. following 110m: " AdqpIIan 01 a long Iorm pion ID . MIIIStrellSpec:licPlan I underground utlllUes In th. _Plln_..llA1B): : plonnlngoroa; , ZcnoQ-ongo"'; 'L.and8caplnglh. CIIy'. porklng loIIIIg T"'_1I&3 101 In thO 100 block 01 MoIn SIrHl _ one! on E1ghlh _ one! NIgIdIvt DIl::IItIIIlII96-' . Development 01 I program to Aequ.t: encourBge owner. of parking lat, Tha propo.ed prolect I, the to ICrMft thew IoIs from pedestrian adoption ot 8 new MaIn Str..,- -:arropoHd Imp..""nt81lon of . Specific Plan and related .Parklng Improvement Program' Implementation program. The specifiC plan ar.. II pr...nlly .;; :.a~ bmI penod, U lei developed with commercial and . publiC us.. and anv. 'utur. development within this, ar.. ,s envisioned to tM IImllar In nature. The Intent of this plan II 10 ke.p the character or Main Street Seal Baach, while fOCUSing on elmlnatlng 8JDIbng problem. when pOlllble A conel.. statemant of the plan'. overall goal I, found In lis VISkJn Statement quoted below -The Main Str... are. is _1orIy Importanl bocaulO " 10 . cohesive agent tor a city thai: II geographlcafly fragmented The VIOlDIl for M8In _10 _11Dwn Ameflca. Important f..,ur.. Includ. a -IV IDwn with Inondly people who care tor aKh other 'A ped..tnan oriented area where people walk and fe,1 .ate on the - ItI1Hd at night An area with both archlt,ctural and economic dl....1'8Ity WIth a mix 'Of otfJC'1 and bu.lnene. Main Street -II lurrounded by an area of mixed haUling typel and Inllltullon., creallng a complet' Imall lawn communlly. Allhough II II recognIZed that the area will have bu.ln..... Ihat ,erve bolh relldentl and vIItIors, the goal 1I to not have villlor...rvlng us.. CMIrWh8Im Ihe are. ellM upan&l at Ihe Imall town chBracI8r. n II al.o recognized Ihal when Ihe weather and beach condJttons are 1IIlr1lClMl, Iho domond for parking may _Ih. ouppIy,' I certily (or declare) under penally of perjur~' Ihat lhe foregoing is true and correct. Dated al Seal Beach, California, , this,~ clay Q1.,-... .~ .D .." ,. : . D.., \ ~!,l ~rer-e:QIiD ~ 0 V Slgnalu . HJ96 . PUOL\CATION PROCESSED BY: THE SUN NEWSPAPERS 216 Main Street SC!al Beach, CA 90740 (31 0)~30-7555 I TlIIIo2 . "1aII_ COoIa 0/ Parking Impravemenlll Over "Year T1me Fnme -potkolg--1IlOIjIII ($'000/i08Il 1'1.1IOO "--..ond =::101 IIlD,OCIOI __l01I I.O.lllO 1'8IkoV-_QtyIoll (I515_.71+'5lI1 152.2<0 -.-.... . - -. ~-~ _101__ - ond_ PoI1cIIg_D11 1Ilh_1oI p,oporty_ond ,,_,28__101 (flCkldIlgmotorl) . ,1,10?.?oo PoJkfl\lmotorololMaln_ 11575_.'63+15'11) 1107,785 PorlongmotoroforlllhSlroolLDI (SS7511Chx 163+ tR) . 18.160 M_ UilIlIl TOTAL . 12,_ _ onlh... propoood_, It .1 recommended IheL 1. Th. 11195 porldng _In-llo. ""' bo HI at $5, .g7,82Jopoco, 2. The already approved '100/y.ar/.pace te.. .hould be 1....._ ID lI35O/y8or/lPOCll,' -, 1165,000 14<<l.lllO The proposed Gen"al P'an Amendmenl, Zone enange and Zoning Text Amendmenl are 10 make those documents consilient wllh the propolld Ualn Str..1 ~Ptan:. " , Envlronmentlil RevI",: A NogllINa DocIorol1on hlII boon prepared and I. on 'lie at Ih, Department of Developmenl SaNicao, 211 Eighth Slroot~8. Boach, CA.. cOd, Sectlonl: Article 29.5 Ih. Cod. 01 !h. Cl1y of Sool Appllcon\: CIIy 01 SoolllHc:h AI the above lime and piKe all Inlerelled perIORI may be heard It 10 desired. It you chal1engt thl propol8d lCtIona In coun, you may be limited to raising only Iholl Issue. you or lDme0n8 .... rall8d 81 the publtc hearU1U deSCl'lbed In thl. nOllce,' or In wrlnen corr.,pondence delivered to Ihe C'Iy of 8001 Saoch at, Dr prIof 10, , Ih. pubic hoonng .... DATED Thl. 131h day 01 Maoj, 11l98. .JOInn. VIO, City Clerk CI1y of__ Pub. S.al Beach Sun Journal ll5I23III6