HomeMy WebLinkAboutItem Qs
AGENDA REPORT
DATE: June 25, 2001
TO: Honorable Mayor and City Council
THRU: John B. Bahorski, City Manager
FROM: Lee Whittenberg, Director of Development Services
SUBJECT: Initiation of General Plan and Zone Change Amendments —
General Commercial (C -2) and Limited Commercial (L-C)
Zoning, Seal Beach Boulevard between Pacific Coast
Highway and Electric Avenue
SUMMARY OF REOUEST:
Authorize staff to prepare General Plan and Zone Change Amendments for alternative
land uses for the existing General Commercial (C -2) and Limited Commercial (L -C)
zoned areas on Seal Beach Boulevard between Pacific Coast Highway and Electric
Avenue.
BACKGROUND:
During consideration of the General Plan Land Use Amendments and Zone Change for the
Anaheim Bay Villas project (Shore Shop property) the City Council indicated a desire to
have an evaluation of alternative land uses for the existing General Commercial (C -2) and
Limited Commercial (L -C) zoned areas on Seal Beach Boulevard between Pacific Coast
Highway and Electric Avenue. At that time, staff indicated that existing staff resources
were fully committed to the processing of the various applications for the Bixby Old
Ranch and Hellman Ranch projects, in addition to the processing of the normal
discretionary applications filed with the Department of Development Services.
The involvement of the Department of Development Services is coming to closure on the
Bixby and Hellman projects, and the Boeing project is on an uncertain time schedule at
this point. Staff is of the opinion that there are sufficient resources available at this time
to proceed with a review of alternative land uses for the existing General Commercial (C-
2) and Limited Commercial (L -C) zoned areas on Seal Beach Boulevard between Pacific
Coast Highway and Electric Avenue.
C:\my Dmm=nh BBLVD\GPA -Zone Change Initiation.CC StaffRWft.doo \LWW6 -20.01
Agenda Item
,a I
Initiation of General Plan Amendment & Zone Change
Seal Beach Boulevard —C-2 and L-C Zone Areas between.
Paces Coast Highway and Electric Avenue
City Council SlaffReport
June 25, 2001
Walt Miller has submitted a letter regarding this matter and requests that the letter be read
into the record and distributed to the City Council, as he will be out of the state (Refer to
Attachment 1)
FISCAL IMPACT: Allocation of current staff resources to prepare necessary
background studies, environmental analysis, and staff reports for Planning Commission
and City Council.
RECOMMENDATION:
Authorize the Department of Development Services to initiate appropriate studies to
consider alternative land uses for the existing General Commercial (C -2) and Limited
Commercial (L -C) zoned areas on Seal Beach Boulevard between Pacific Coast Highway
and Electric Avenue
Attachment 1: Letter To City Council FKm Walt Miller, Dated June 13, 2001
GPA -Zone Change Initia0on,CC Smff Report
Initiation of General Plan Amendment & Zane Change
Seal Beach Boulevard— C -2 and b-C Zone Areas between
Pacific Coast Highway and Electric Avenue
City Council Staff Report
June 25, 2001
ATTACHMENT 1
LETTER TO CITY COUNCIL FROM WALT MILLER,
DATED JUNE 13, 2001
GPA -Zone Change lnitiafion.CC Smff Report
IV ti
June 13, 2001
City Council
CITY OF SEAL BEACH
City Hall - 211 Bt" Street
Seal Beach, California 90790
Re: Arguments against proposal to change L -C Limited Commercial
Zoning to R -1, Single Family Residential on Seal Beach Blvd.
Council meeting June 25, 2001.
I ask that this letter to be read into the record and distributed to
each member of the Council prior to the scheduled meeting. I will be
in Colorado and cannot appear personally at the podium.
Certain present members of the council have indicated their desire to
rezone the subject area. The arguments are no development has
occurred in the LC zone since its enactment in 1991. Furthermore
they point to the fact that the Musso property received R -1 spot
zoning in a C -2 zone, and has been awarded building permits to
develop the site with eight single family residences. The Coastal
Commission approved the Musso application over the objection of its
own staff and several members of the Seal Beach Planning Commission
based on overwhelming public support, which in fact consisted of
residents and Seal Beach City Council members who do not live or work
on Seal Beach Boulevard.
I don't want to see this scenario happen again. The impact of any
development on Seal Beach Boulevard has zero impact on inside street
residents. They do not face Seal Beach Boulevard, nor does Seal
Beach Boulevard traffic and /or parking occur on their streets.
Conversely, any proposed development has a major impact on those who
live, work and /or own property between PCH and alley at Electric. It
also has a major impact on the visiting public and the fiscal
responsibility of the City of Seal Beach. The only people benefiting
from replacing commercial property with single family homes are the
realtors and developers. Some would say that the City also benefits
because it lays out nothing and receives substantial fees from the
developer. There is no free lunch for the City. The City becomes
responsible for services to the new residents in perpetuity without
any future return.
The City has a unique opportunity that will be scuttled if the
Council makes good on the statement of one of its members to zone all
of Seal Beach Boulevard south from Pacific Coast Highway to single
family residences. I do not want to see that opportunity lost
1
r r R
without all those casting their votes to first have a full
understanding of the impact of their decision.
The ordinance passed to support the L -C limited commercial zone
attracted no takers for one simple reason. The City has refused to
provide adjacent parking space to support the in lieu parking credits
provided under the ordinance. As a result, the Coastal Commission
will not grant their permit. A building permit cannot be obtained
without a Coastal Commission permit. Result, no applications for ten
years. I am the only exception. I was able to get a permit based on
building a visitor serving bicycle rental and repair shop limited to
1,300 square feet of retail. This variance was the result of a
litigation settlement and sets no precedent for future waivers.
Secondarily the City has not addressed the needs of this street in
over ten years, such as putting a sidewalk and landscaping on a dirt
parkway. Amazing as it is, the Navy has grass and plants growing on
their side of the fence. Drive by and take a look.
The L -C Limited Commercial zoning actually makes the lots on Seal
Beach Boulevard potentially the most valuable in the City, and here
is why.
Development is restricted to only the west side of the street. That
guarantees ocean views as long as the Navy is present. If the Navy
ever relinquished its rights, the view would only be enhanced to
unfenced ocean views plus a marina for small boats..without question.
All the lots face the ocean and Anaheim Bay looking east. That means
the 35' height limit applies to all lots because no views are
obstructed on 17th Street to the rear of the properties. I can see no
reason why an exception would not be made to qualify a 25' lot for
the 35' height limitation, given architectural constraints, for the
same reason. No where else in the City is there such a building
opportunity for permanent view lots.
Now, if commercial parking were provided off -site in the existing PE
right of way, no commercial parking would be required on site if the
4 spaces per 25 frontage feet were not exceeded. Therefore, a 25
foot lot could support 1,000 square feet of street level selective
retail /office space fronting the boulevard. A residential structure,
tiered over the first floor retail and rising to a third story in the
rear, could be added. Standard enclosed residential parking on the
first floor would exit to the residential alley allowing for a
minimum of 2,000 square feet of residence and generous landscaping
opportunities in front and in the 3 foot setback residential side
yards and rear. As discussed, the commercial can be built to zero
property line on both sides because no curb cut is required.
Once fully developed, the appearance would mirror the second and
third story buildings now existing on Main Street, but with greater
2
w - V
.r es
attention paid to blending in commercial and residential to mimic
other seaside towns on both the east and west coasts. During the
period of development, those owners of undeveloped property would be
motivated to take advantage of this opportunity as they see others
thrive. I believe my proposed project can be the "showcase" this
area needs to realize what the L -C zone potential really is.
The property owner now has legally put 1,000 square feet of limited
commercial plus 2,000 square feet of residential with a 180 degree
ocean view and the same 180 degree view of the City from the third
story, more from the open 4th level rooftop similar to Surfside, on a
25 foot lot some 11 feet less depth than the standard 117 foot depth
inside residential lots in Old Town. I would also believe that an
owner would be willing to pay up to $2,500 per in lieu space off -site
if that money were in fact used to provide such parking on the
existing Pacific Electric right of way. The entrance to the PE right
of way would be on Seal Beach Boulevard, with the exit being on the
Greenbelt, a very pleasant exit. A similar configuration is in place
on loth Street in the 100 block serving Main Street.
Along with utilizing the abandoned Pacific Electric right -of -way to
provide a parking site to support the existing L -C ordinance, the
City now has the opportunity to design a street with traffic slowed
at Landing by a three -way boulevard stop. Again, no where else in
the City does such an opportunity exist for the City. It appears
that the Navy would allow a bike path that connected with the
boardwalk to run through its property parallel to Seal Beach
Boulevard. I assume the imminent construction to start this coming
week on Seal Beach Boulevard has addressed that possibility in its
plans, which were never made public by Seal Beach Public Works, to
the best of my knowledge.
Suddenly developers and owners would realize visitor serving
commercial space can make money here. Main Street is full. Seal
Beach Boulevard is waiting. There is no need to mandate that the
owner of the business reside on the property. The owner should have
the opportunity to live there if he chooses and lease out his space,
run his business and lease out the residence, or live in the
residence and work in the commercial. We then retain the "Mom and
Pop" business environment that is mostly prevalent and such an
attraction on Main Street. The City not only gains a larger tax base
than it would with single family, but additional sales tax revenue
will be generated through the City because this area becomes the
"magnet" on the "Gateway to Old Town: ". The City also becomes an
innovator in providing an ocean front live /work environment which is
presently highly sought after.
The Coastal Commission is encouraging visitor serving retail
development. Single family residential is at the bottom of their
3
list and would be opposed in any zone change. As Paul Yost mentioned
during the last Council meeting, "residential never changes back to
commercial ". Furthermore, residential gives but once in fees to the
City. Thereafter it becomes a burden to the City in the way of
services, police protection and maintenance, to mention a few.
Retail keeps giving back, not to mention the increased revenue
generated by all commercial enterprises because of the greater
selection, an exciting new area, and additional parking opportunity
offered the visitors to our City. Visualize a tram running down
Electric connecting Main Street and Seal Beach Boulevard, paid fully
by local vendor advertising. Don't throw this "Win Win" situation
away by adding another block or two of architecturally identical
upscale "cookie cutter" two story residences that will further
overload our local grid.
I believe the campaign gathering support for conversion to
residential zoning is orchestrated not by the property owners on Seal
Beach Boulevard, but those on the inland streets, 17 th and down, and
those living on Seal Way. The Council member for the First District
should represent the property owners in the L -C zone who are the only
legitimate voters, and are the only ones impacted by a rezoning. It
is their property that Council member Boyd warned in his admonition
to me, that would become non - conforming if his "campaign promise"
becomes reality. These owners and long time tenants should be given
all the facts explained above before their vote is taken in open
forum. The vote of these citizens should be followed as a mandate by
the City and also the Coastal Commission if zoning is to be changed.
I believe politics should step aside.
As mentioned above, none of the City officials, council members or
planning commissioners will incur any financial impact from their
vote. Their vote should represent the studied conclusions of those
who will be impacted, which includes the general visiting public, and
the present owners and their long term tenants on this street. Only
then will the people be heard.
I regret I cannot be present for this hearing to answer any of your
concerns. However, I am hopeful that my friend and associate, Kent
Trollen can be present at your meeting. In the future, I will try to
arrange my absence so as not to conflict with future meetings on this
very urgent matter.
Thank kyyou,
�,.,�
Walt Miller, Owner
229 and 231 Seal Beach Boulevard
4