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Home My WebLink AboutCC Res 4322 1994-07-11 RESOLUTION NO. 1~.;:z;z A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING GENERAL PLAN AMENDMENT 94-2A, AMENDING THE "SUMMARY TABLE OF EXlS17NG AND PROPOSED LAND USES IN ACRES" OF THE LAND USE ELEMENT TO DEPICT THE INCREASE OF APPROXIMA TEL Y 0,67 ACRES OF LIMITED COMMERCIAL LAND AND A DECREASE OF 0,50 ACRES OF MEDIUM DENSITY RESIDENTIAL LAND AND 0,17 ACRES OF GENERAL COMMERCIAL LAND WITHIN THE CITY I THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section I. 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 I requirements on the two (2) residential lots to allow a zero lot line development. Finally, the applicant is proposing to construct a covered roof access structure (CRAS) on both of the proposed residences. Section 2. Pursuant to 14 Calif. Code of Regs. * 15025(a) and ** II.C and III of the City's 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's Local CEQA Guidelines. Section 3, A duly noticed public hearing was held before the Planning Commission on June 22, 1994 to consider the application, 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 I 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 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) I I I Resolution Number ~.:2.< residential lots to allow a zero lot line development. Finally, the applicant is proposing to construct a covered roof access structure (CRAS) on both of the proposed residences, (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 10 of Miscellaneous Map, in the Office of the County Recorder of Said County. Parcel B, consisting of: Lots 27, 29, 31, 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 (11) 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. (f) 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 .Iocated 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 1-91, Variance 4-91, General Plan Amendments lA-91 and IB-91 for the subject property. The applicant, James R. Watson, was proposing the construction of three (3) small detached commercial buildings and eleven (11) 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 Resolution Number ~~ feet from the subject property. Soil contamination at the location of the tanks and anticipated groundwater contamination has been documented by State officials, G> The City Council noticed a public hearing on July 11, 1994, (k) The City Council received into evidence the Report of the Planning Commission, including the Staff Report dated June 22, 1994, Planning Commission Resolution No, 94-23, and the Minutes of the Planning Commission meeting of June 22, 1994, In addition, I the City Council considered all written and oral evidence presented at the time of the public hearing. (I) The proposed General Plan Amendment and zone change is enclosed as Attachment A and incorporated herein by reference, (m) The City has adopted Negative Declaration 94-4, through the approval of Resolution No, 3421, which is incorporated herein by reference. Said Negative Declaration represents the independent judgement of the City of Seal Beach, Section 5. Based upon the evidence in the record, including the facts stated in fi 4 of this resolution, and in the environmental documentation prepared in conjunction with this project, and pursuant to fi~ 28-2600 and 28-2602 of the City s Code, the City Council hereby finds as follows: (a) General Plan Amendment 94-2A will not be detrimental to the short term or long term goals of the City of Seal Beach and is in the interest of the public health, safety and welfare, (b) General Plan Amendments 94-2A will reduce the future intensity of commercial development along this portion of Pacific Coast Highway through the change in I designation from the most intense General Commercial to the least intense Limited Commercial. (c) 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 have a significant environmental impact. Section 6. Based on the foregoing, the City Council hereby approves General Plan Amendment 94-2A, subject to the following condition: "The "Summary Table of Existing and Proposed Land Uses in Acres" of the Land Use Element shall be amended to depict the increase of 0,67 acres of Limited Commercial land within the City and a decrease of 0,5 acres of Residential Medium Density land and 0.17 acres of General Commercial land, " ABSENT: councilmember~ councilmembers~ f the City of Seal Beach , 1994, by PASSED, APPROVED AND ADOPT&p by the City Co at a meeting thereof held on the h _ day of the following vote: AYES: Councilmembe I NOES: Resolution Number .0.2-Z I Joapveo, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } ->~~ George E, own, Mayor ,..::-.....,....~'\'\\\\\\\ $"' '< SEAL 8 lit =- 0 ....... ~...III ;~'..ft-:.o..,OIt4~..,C"'.I,I~ 8L: .',01> ",,..1- v) if · . ~ 2'1$: ~. ~-lll o : : cc~ i\",~c \ o':fi?s. -p 0.,..... .."t ~iI .0 ~,if 1","'" 00 .(, \~\ 00...0;: 'II "'::'" -. 21. .0 ,,_ ~ ,... C': ........ ...\,:.:::" 111\.,oU Nt" ,c. ....;::-.J: "'\\\\~ I, Joanne M, Yeo, City Clerk of Seal Beach, California, ~herebY certify that the foregoing resolution is the original copy of Resolution Number ~~ on file in the office of the ' Clerk, passed, approved, and adopted by the City coun'lfihe City of Seal Beach, at re ula meeting thereof held on the - day of ,1994, \J~,JJI)( do CitY!:J I I AlTACHMENT A - LEGAL DESCRIPTION Parcels Subject to General Plan Amendments 94-2A and 94-2B: I) Residential Medium Density to Limited Commercial: Lots 29, 30, 31, 32. 33 and 34, 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, Lots 30, 32, and 34, 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. I Resolution Number '/3::2.:<. ' 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 weeklv 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 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: 6/30 all in the year 19..JM... I certify (or declare) under penalty of perjury that the foregoing IS true and correct. Date? a\ ~eal Bea~h, cali~ornia, this:;'V -~.:'day of".:~V..\."""---- , 19..JM.., I: I I ' ' ,I. , I ''J.,' . ' , ' v , . .... 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 ~ Proof of Publication of .... _ J;l~g~,!,!Y!j: .,?!j:q~~~~'l:r..O.N. . . . . . . . . I ............................ . NOTICE IS HEREBY GIVEN EnoriIonmenlOl _ "'at Ih. C~:=~ncIl 01111. ' CIty 01..1 will hold . A ......_ .........._ .... been ,.lie. hear. Oft lIonda,. prepared and '1 on m. at Ihe July 11, 1184, .. 7:C1ll p.m. In IDOPOrlm.nl 0' D.vOIopmonl the City Coultcll ChIImlMlrl. Service.. City Han, 211 Eighth 211 Elghlh SI,..I, S..I _ SooIlIeech B..ch, C.lllo,nl.,. 10 Code_ _ldIIr... following ......: I ' A_ 7, " 5. '4: Soc:tions 28- 2600: 28.2602 of the ('..ad. of IhlI Clv nJ SIll.. a...... NEGATIVE DEClARATION 94-4 GENERAL PlAN AMENDMENT 94-2(A.B) ZONE CHANGE 94-2 RoquOSl " Th. appllcanl IS proposing to conltruel Ihr.. (3) Iwo-Ila~ con'm8I'Cl8l structures and two (2) slngle-'amlly dwellings on thr.e Id,lcent parcell 11ol'lD S.a. Beact\'. Paclflc Caa... ~l\1hw.y commercial corndor The daie. IcommeR:ta1 build. wtI have a _ _ 01_........, '0.500 'squall 'OIl cIMdocl ....rty _Ily I'mong ..... ollho -_ 1bit Itwo residence WIll each haWl an ,.... 01 opp_1OIy 2.500_ ,- iThollOl..._oI....._ lsepamte - wlI\*'-_..al2S' II 100'. Each cornmerdaf building ,_ro___ .and~Willilional00'x .100' lot (merger 01 lour (4) .conllguous loti) Th. IWO _ ... III on lie IIlllM*1g ""'101I_...__..... _ c.- ~........1O a reaidInII8I Nligtlbwd"W. Tho ~~........ a General Plan AmendrnentlZane ;Chang. which will change the existing commercially zonel propenle, Irom Genera' Commercial (C-2)' to Limited Cammo_ (loCI and ... chango nino (9) 0111I. -IV- _10 LoC...q, Th.1 requelt will rel10re the property to ,\. tonner Genera' PIanIloriIng_.lDnotlO. 1891/92 zone cl1angen 1n wh.eh twelve 1018 were zoned lor 'commerclal ua. and fwo were "zoned lor realdenllal UII. The difference betw.en the lormer do8IgnoIIon andll1ls _11010 proposed commercia' zoning .1 Llmded CommercII' (LoC) raih.r thin the lormer Genar.1 eomme...., (Co2) lOllIng. LImI10cl Commercial II the City'. le.,t Intenalve commercial zoning doIIgnaIIOn andlhrUll be 11IOIO In k.eplng with the adJuent r.lldenllal neighborhood to th. lOuth .s well.. the r.lld.ntla' ...v~I,"""lIroc:IIy_PectllC CoUl Hout-J -.a: Dave _.- Owner -"MlIchi'ii land and Improvemenl ~ At Ihe above lime and place all nerested persons may be heaRt It ao dllued. It you chal1enge Ihe _ ........In coul\, you may bl -limited 10 raiSing onry thoae IUU8S you or someone else ralsecl at the pubhc haanng descnbed In Ihl& nollce. or In wrlUen correspondence delivered to Ihe City of Seal Beach ai, or prior 10, Iho ~ hoenng DATED Ihls 2,Uh day 01 June, ,- Joame Yea, Clay Clerk Cdy 01 SOoI BeoCh Pub. Sea' Baach Sun June 30, 1_ I I