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Home My WebLink AboutCC Res 4321 1994-07-11 RESOLUTION NO, 4oZ/ , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ADOPTING NEGATIVE DECLARATION NO. 94-4, RELATING TO GENERAL PLAN AMENDMENT 94-2A AND 94-2B, AND ZONE CHANGE NO. 94-2. IN THE CITY OF SEAL BEACH, CALIFORNIA I THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE AS FOLLOWS: Section 1. On March 16, 1994, Dave Bartlett submitted an application on behalf of Mitchell Land and Improvement Company (The Applicant) for General Plan Amendments 94-2 (A&B), Zone Change 94-2, Variance 94-3 and Height Variation 94-4 with the Department of Development Services, The applicant sought to change the zoning and General Plan designation of the existing commercially zoned properties from General Commercial (C-2) to Limited Commercial (L-C) and of nine (9) of the residentially zoned properties to L-C zoning, The applicant is proposing a variance from side yard setback requirements on the two (2) residential lots to allow a zero lot line development. Finally, the applicant is proposing to construct, pursuant to a height variation, a covered roof access structure (CRAS) on both of the proposed residences. Section 2. Pursuant to 14 Calif, Code of Regs, ~ 15025(a) and n 11.C and III of the City is Local CEQA Guidelines, staff prepared an Initial Study and a Negative Declaration, which were circulated for public review and comment from June 1, 1994 to June 22, 1994, in compliance with the provisions of the California Environmental Quality Act and the City is Local CEQA Guidelines. I Section 3. A duly noticed public hearing was held before the Planning Commission on June 22, 1994 to consider the application, the Initial Study and the Negative Declaration, At the public hearing, the applicant and 2 people spoke in favor of the request and no persons spoke in opposition, Section 4, The record of the hearing indicates the following: (a) On March 16. 1994 Dave Bartlett submitted an application on behalf of Mitchell Land and Improvement Company for a General Plan Amendment and Zone Change at 1600 Pacific Coast Highway, Seal Beach with the Department of Development Services. On May 25, 1994 the applicant submitted applications for a variance and a height variation on the subject property, (b) The applicant is requesting to change the zoning and General Plan designation of the existing commercially zoned properties from General Commercial (C-2) to I Limited Commercial (L-C) and of nine (9) of the residentially zoned properties to L-C zoning. The applicant is proposing a variance from side yard setback requirements on the two (2) residential Jots to allow a zero lot line development, Finally, the applicant is proposing to constnJ~( a covered roof access structure (CRAS) on both of the proposed residences, I I I R~solution Number ~~;f (c) The subject property is legally described as: Parcel A, consisting of: Lots 30, 32, 34 and 36, in Block 217 of Tract 10, Anaheim Bay Tract, in the City of Seal Beach, County of Orange, State of California, as per map recorded in Book 9, Page J 0 of Miscellaneous Map, in the Office of the County Recorder of Said County, Parcel B, consisting of: Lots 27, 29, 3J, 33 and 35, in Block 216 of Tract 10, Anaheim Bay Tract, in the City of Seal Beach, County of Orange, State of California, as per map recorded in Book 9, Page 10 of Miscellaneous Map, in the Office of the County Recorder of Said County, Parcel C, consisting of: Lots 28, 30, 32, 34 and 36, in Block 217 of Tract 10, Anaheim Bay Tract, in the City of Seal Beach, County of Orange, State of California, as per map recorded in Book 9, Page 10 of Miscellaneous Map, in the Office of the County Recorder of Said County. (d) The subject property is comprised of fourteen (14) lots, each measuring 25' x 100', Presently, three (3) of the lots are zoned C-2 and the remaining eleven (lJ) lots are zoned RMD. (e) The subject property is located on the southerly side of Pacific Coast Highway between 16th Street and Seal Beach Boulevard, (t) The surrounding land uses and zoning are as follows: NORTH Across Pacific Coast Highway are single family residences located within the "Cove" area of Marina Hill located in the Residential Low Density zone (RLD), SOUTH A mixture of single family and multi family dwellings located in the Residential Medium Density zone (RMD), EAST & WEST A mixture of commercial uses located along Pacific Coast Highway and Seal Beach Boulevard in the General Commercial zone (C-2), (g) Building Permit records indicate the subject property, formerly the site of the Rum Runners restaurant and prior to that the Ranch House cafe, had been utilized for restaurant purposes for over 43 years until early 1992 when the restaurant building was demolished. (h) In 1991 the City considered and approved Zone Change J-91, Variance 4-91, General Plan Amendments IA-91 and IB-9J for the subject property. The applicant, James R, Watson, was proposing the construction of three (3) small detached commercial buildings and eleven (II) single family dwellings. This project was never constructed . (i) Leaking underground storage tanks were removed from the property at 1550 Pacific Coast Highway (Stegen's Garage) in 1990, These tanks were approximately 30 feet from the subject property, Soil contamination at the location of the tanks and anticipated groundwater contamination has been documented by State officials, Resolution Number /3-2/ (j) 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 two agencies, Both the City of Los Alamitos and the Southern California Gas Company expressed no concern with the proposal. (k) No new information was brought forward at the public hearing with regard to potential environmental impacts from the project that was not addressed in the initial environmental assessment. (I) The Planning Commission affirmed that it independently reviewed I and analyzed proposed Negative Declaration No, 94-4 prior to acting on the application, pursuant to the adoption of Planning Commission Resolution 94-22, (m) The City Council noticed a public hearing on July 11, 1994, (n) The City Council received into evidence the Report of the Planning Commission, including the Staff Report dated June 22, 1994, Planning Commission Resolution No. 94-22, and the Minutes of the Planning Commission meeting of June 22, 1994. In addition, the City Council considered all written and oral evidence presented at the time of the public hearing. Section 5, The City Council affirms that it independently reviewed and analyzed proposed Negative Declaration No. 94-4 prior to acting on the application and hereby finds as follows: (a) Negative Declaration 94-4 was prepared by City Staff and therefore reflects the independent judgment 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 application, with the required mitigation measures, might I have a significant environmental impact; and (c) Approval of this application 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, (d) The application, including General Plan Amendments 94-2A and 94-2B and Zone Change 94-2, will reduce the future intensity of commercial development along this portion of Pacific Coast Highway through the change in designation from the most intense "General Commercial" to the less intense "Limited Commercial" designation on both the General Plan and Zoning Map, Section 6, Based on the foregoing, the City Council hereby adopts Negative Declaration 94-4, in compliance with the California Environmental Quality Act and the City's Local CEQA Guidelines, /\ PASSED, APPROVED AND ADOPTED by the City C6uncii of the City of Seal Beach I at a meeting thereof held on the II ~ day of U 7-......... , 1994, by the following vote:' . I I I ~((' i: '~ ~ counCi1memberWk1-'LM~ 0' ~..d! ~ ,.i:..~ ('), councilmember~ COO'dlm""b~ AYES: NOES: ABSENT: Jve Yeo, City Clerk STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF SEAL BEACH } } SS } Resc:>lution Number 1'-302/ ~~"''\\\\\\ ..#"" ~ SEAL B "~II .= 0 ......... 1'.. I, :.~ ....0...0.4;.. C"-s.J'a Ii) ..\+(.; .,o.oo"~ ? . ~...9. ~z..:~. ~ . :,d 0: .: -~ Z"'~O ~:2~ Ii".,.., ~.oOtit! '~Z A_ o. 0 ~c, ot if: Z~-".^ e. ./~ 21 ,fIt.o ~.:: ~:~. '.o\t;_ 'h"" C' ......... c..t-: .:: '11"",OUN1"(" "'\\\\\.~- I, Joanne M,' Yeo, City Clerk of Seal Beach, California, do ereby certify that the foregoing resolution"is the original copy of Resolution Number ..,,2 on file in the office of th~perk, passed, approved, and adopted by the City Council of ~e City of Seal Beach, at ( reg 'r meeting thereof held on the /1 - day of '-' , 1994, Citgerk Resolution Number '/3021 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 or 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 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 of 2124175, 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: 6/9 all in the year 19~. I certify (or declare) under penally of perjury that the foregoing is true and correct. Dated at Seal Bea<;J11. California, I. ,H... ',1 this u.;. - stay 0.1 ~ ,l,l..AA..^-, 191M... (~~ ' t.1. 'I / (SI natur ( ,." - ' PUBLICATION PROCESSED BY: THE SUN NEWSPAPERS' 216 Main Street P,O. Box 755 Seal Beach, CA 90740 (310)430-7555 This space for for the County Clerk's Filing Stamp I Proof of Publication of NEGATIVE DECLARATION ............................ . ............................ . PUBUC NOTICE NEGATIVE DECLARAnON The City of Seal Beach hereby give. notice thai pursuant to the .ut~y and emen. contained In the C8IdomIa EnvIronmental Quality Acl ('CEOA') Ind thl CEOA Guidelines of the City of S... 1lI11d1.!hI D'roc:toIoI_' ServICes has anatyzed the request "" NEGAlIVE DECLARATION M- . proposld 10 blloco'ld It '100 PACIFIC COAST HIGHWAY, S.B. Tho proposol GPA MO-2 (A,B) I ZONE CHANGE IM-2 TO CIlANGE FROM MEDIUM DENSITY RESIDENTIAL IS LOTSI AND GENERAL CDIiIMERCIAL 13 LOTS) TO LIMITED COMMERCIAL: VARIANCE M-3 TO VARY FROIII REQUIRED SlOE YARD SETBACK AND HEIGHT VARIATION _ TO CONSTllUCT COVERED ROOF ACCESS STRUCTURE ON TWO AEIlAlNING RESIDENTIAL LOTS. Alter revtewmp the InIt.a' Study and any applicable mlugatmg measures for the prOlect. the Olreclor Development semces has determined thai thiS project. with m1hganon measures, WIll not have a Slgntflcant ,'fect on the environment. ACCordingly, a NEGATIYE OECLARATION hiS bH~=-red A hoIrtno wol bI hold by "'" PLANNING COMMISSION '0 consldlr "* propoood NEGAlIVE DEa.AllAllON 00 ~UNE 22. 1... a_ 7:10 P.M. a. City Hall Council ~ 211 ElohIh 5111II. SIll lINch, C111fom1o. iI0740, Public comments will be recetved by !hi City poor 10 ...1 _I 01 '~I NEGATIVE DECURA TION 100 IctJon 00 !hi projlct. through JUNE 22. 1... A ~ of all relevan' material, IncIud !hi ....octlllldf1Clllons, IndiBl ucty, and the NEGATIVE DECLARATION Ie on file In the offlc.. 01 the Oepartment 01 Dov*pmonl SOMe". CIty 01 SIll Seach, 211 Eighth Str..., Seal 1INch. Coif...... 90740, 01... ~UNE I, ,... ByIM__oI _1oIl......_ Pub Seal B..ch Sun June 9, '994 I j.~ ~~ ~- 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 or inter- ested in the above-entitled malter, 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 of California, under the date of 2124n5. 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 ir, any supplement thereof on the following dates, to-wit: 6/30 all in the year 19JM.... I certify (or declare) under penally of perjury that the foregoing is true and correct. Dated a~ ~eal Be a <<,h , California, this3v \, day of~ ,~~L.\.~Q,_ , 19J1.4... I ," ~\ f ,; I' - ! ;/NI 1,' I UJ'-" I re " PUBLICATION PROCESSED BY: THE SUN NEWSPAPERS 216 Main Street P.O. Box 755 Seal Beach, CA 90740 (310)430-7555 ;Resolution Number f!!::2/ This space for for the County Clerk's Filing Stamp proo"' of Publication of " .~~~~T!y~.~~q~~~~~~Q~"._.".,. ............................ . NOTICE IS HEREBY GIVEN E"""""""'nIal R..... IIlaI .... cl~':;':nc" of .... ' City of Seal will hold. A NAnllIfv8 DAt:lanlttOn has been public heIIrlqg on Monday, prepared and 15 on hie Ir the July 1', 1914..81 7:00 p.m. In 'Depenmen1 of Oevelopment the City Coul'\cll Chamber., IS.rYlces. City Hall, 211 Eighth 211 Elghlh Slr..I, S..I S...., Seal Beach B..ch, C.llfornl.,. 10 CacIo_ c_ldet the loI-ns nem: I Artides 7, 11 5. '4, Secllons 28. NEGATIVE DECLARATION 2600. 28-2602 ot the Code ol.he 94-4 CItV 01 Seal AIIat:h GENERAl PLAN AMENDMENT 94-2tA,8) ZONE CHANGE 94-2 Request The applicant IS propOSing to construtt three (3) Iwooslory commerCl81 structure. and two (2) SIngle-family dwellings on thr.. adJacent parcels along S..I a.ach's Pacl'lc Co..t Klghway commercial comdor. The thr.. .commerclal bUildings Will hllVe . '_.... ot __to" 10,500 'square feet diVIded nearly 8qUlIty lamong each of the buddlngs The !two residence Will .aCh have an i'''' ot 8jlp/OlllmlI1oIy 2,500 _18 ,toot ; The ... Is c:ompnMd ot fourteen iseplrale lots with dImenIkJnI 01 25' I_ '00', Each commercial building -...--pa-.... and IanCIscapirig WtI ill on a loa x 100' lot (merger 0' four ,.) contiguous lots). The two ...............aiton.._ two IatS which .f8 IIIOIt d111ant fTom Paaf1c COooI HqMay, 1Id_ 10 a relld8nb81 neeghborhood The."plcal1l'a~wII""" . Genll'Bl Plan AmendmentlZone :Change which Will change the lexlltlng commercially zon.. propsn". from General Commercial (C-2) to Limited Commo...., (LoC) end ..a thonga nino (9) olll1e -'elly zonad _Ill LoCzoring, This reque.t will r..tor. the props", to Its former General P_ng _.... lDnar Ill. 1991/92 zone cnange(f1n whICh Iwelve lols were zoned for commerCial us.. and IWD we,e Izoned for residential uae. The difference betw.en the former dosIgna1ion end IhIs ~ IS 1110 proposed commerc~1 zoning Is lImlleCl Commercial (L-Cl rather than the former Ceneral Commercial (C-2) zoning. Llrnlled CommerCial .a the Clly" leasl IntenSive commercial zomng d851gn811On and lhouId be more In keeping With the adJacent "aldenllal neighborhood 10 the south .1 well IS the resldenllal no~I..od dIradIy _ PIcNIC CooIII H'oghway, AppIIC8IlI Dave 88..... 0Wne0- -MllchBii"Land and Improvement Company At the above lime and place all If1Ierested persons may be heard If 10 deSired If you Challenge the proposed actions In coun. you may be IImlled 10 r8151ng only Ihose ISSues you Of someone else raised at Ihe publIC heaflng deSCribed In thiS nollce, or In written correspondence dellveled 10 Ihe City of Seal Beach at. or prior to the pOOlIC heanng DATED 1hlS 24th day 01 June '994 Joame Yea, City Cler1l: City of Seal Beach Pub Seal Beach Sun June 30 '994