The URL can be used to link to this page

Home My WebLink AboutCC Res 4323 1994-07-11 I I I RESOLUTION NO. 4.J;t 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING GENERAL PLAN AMENDMENT 94-2B, AMENDING TABLE 16 OF THE HOUSING ELEMENT TO REPRESENT THE INCREASE OF APPROXIMATELY 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 THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: 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 a covered roof access structure (CRAS) on both of the proposed residences, Section 2. Pursuant to 14 Calif, Code of Regs. ~ 15025(a) and ~~ Il.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 I, 1994 to June 22, 1994, in compliance with the provisions of the California Environmental Quality Act and the City's, Loca1 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 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) 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. Resolution Number 13.:23 (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: I 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: I NORTH Across Pacific Coast Highway are single family residences located within the "Cove" area of Marina Hi1Ilocated 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 & *p366K't\iEB\Il"e 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 1-91, Variance 4-91, General Plan Amendments IA-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 I 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, I I I , Resolution Number ~~~ (j) 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, 94-24, 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. (I) The proposed General Plan Amendment and zone change is attached hereto 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 G 4 of this resolution, and in the environmental documentation prepared in conjunction with this project, and pursuant to GG 28-2600 and 28-2602 of the City s CmI.!:, the City Council hereby finds as follows: (a) General Plan Amendment 94-2B 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 Amendment 94-2B 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 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 upon the foregoing, the City Council hereby approves General Plan Amendment 94-2B, subject to the following condition: "Table 16 of the Housing 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. . AYES: PASSED, APPROVED AND ADO:WD by the City Council at a meeting thereof held on the /, - day of the following vote: f the City of Seal Beach , 1994, by Council member councilmembers~ Council members ~ NOES: ABSENT: Resolution Number t;l:J2:3 ~~~ STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF SEAL BEACH } } ss } .,$oo~"\,"'\\\, $~'< SEAt S~\\lt ~, ..~~~;~o:~.;..-tc:,~'Ib. ffiJl\~ l'o...~'.1 f*! ~. \~, i . .0( 30. ,:U ~.,,:o o. ~ ~'l"..t'"o ,,"'i~ 1/~I1-Q... tJ(~ 27. ,q\..~_ III ~ ........... .,:".11: '11l\\fOU Nl'i~JF \\\\\~ ~ ..~ I I, Joanne M. Yeo, City Clerk of Seal Beach, california,~herebY certify that the foregoing l'eS91ut4ln is the original copy of Resolution Number 6.:2~ on file in the office of the ~i.ty Clerk, passed, approved, and adopted by the City council~ tbe City of Seal Beach, at a jtegu r meeting thereof held on the A !'- day of '0...u ,1994, I AITACHMENT 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, Stale 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, Stale 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 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 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 of California, under the date of 2124/75, 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 dates, to-wit: 6/30 all in the year 19~. I certify (or declare) under penalty of perjury that the foregoing is true and correct. , California, PUBLICATION PR CESSED BY: THE.SUN NEWSPAPERS 216 Main Street P.O. Box 755 Seal Beach, CA 90740 (310)430-7555 Resolution Number ~~~3 This space for for the County Clerk's Filing Slamp Proof of Publication of .~~~~T!Y~.~~~~~~~~~o~........ ............................ . NonCE IS HEREBY GIVEN El.- __ ..... .... C:'l~1 of III. .. ' CIIv of .... wiD hold. A N_tIv& n-....1Ian has beln ,....Ie ....... on ....." ~rePlir.d and lIon '11e I' Ihl U 1......7:00 In epIInmenl a. D.".lo ment ::'CIlY CoInlcU ~a, S.",I.,", Clly H.II, 211 ~Ighlh 211 EII"I" Slr..I, S.al --- Baae", Call1ornl'L 10 COdII-': COII'dtr"faII~_L~.....: I _ 7.11,5, '4; _ 28' 28DO: 28-2602 01' the r.-... of lhe r.ttvnfRalll......... NEGATIVE DECLARATION - GENERAL PlAN AMENDMENT ll4-2(A.B) ZONE CHANGE ll4-2 R_ Tt'1 applicant II proposing 10 conltruct three (3) IWD.lfD_~ ---....I'll 11"Jle-llm1tr dwelllnn on Ihre. IdJlclnt p.8rce" Blona S"I eelch', Paclnc COIIlt Hlghw., comlMrelll corridor. The three ierclal~wI."'". .... '" _~ 10,5Q0 -- 1IOOIly~ Iorilong ..... '" ... -.go. 1IIiI !!two ....1deftctI win each INIWI an .... "'--"'.....,. 2,5llO__ I- i 1bs ... .. .......- "'......... 1___.._......"'25. I" tClO'. EacIl -- !NIfdIng '-"'=:n~"" and.. ~ .:", GII," CIO'( I ,100' lot (merger at our 4) 'contrguo.. lOll)," Tha two -'~ aI....an..~ ....--...--- - ~ .=......... alWlldlnllll II iood. 1bs -"""......-11I .. ..... ._....n_ lCh.... which will chIInge I"e .xllllng commercially zonl. properoe. trom Genera. Commercia' lQ..2)- to Umllld COO..._ (L-ej .... ... chIngo _ 191 01... --.ay....... __"L.c;:'"'*'IJ, lhll reqU'lt wlH reltore the ~~o~rty to Itl tormer Oenera. I'lIIIallMlg ___ _.. a '88'/92 zon. .luIng.O In willen t"'elw. loll were zoned tar ICOmmerclal un and Iwo were zoned tor re.ldent..1 us.. The dltterence b....n the tormer tll~..&.n" thiI DlUDDl8lIIIhe Propolld commerClar zoning II Umiled Comm.rcaal (LoCI rather lban lhe tonner General CalMlo_ (C~IIllIl!nII, LJmItocl CO.....'~I I. Ih. Clly'. 1'''1 Inlenllve commercial zoning ...-_lIIauIIlbll....1I1 ko.~lng with Iha adla..nl _filerillor nolgllllo_ 10 lb. eouth IS wall a. lIIe relkllntlal '!OU-dIocIy__ CoisI~. ~ Dawt_ o..nor ---aillchiii lIrKt and Improvement Con.,.ny Allh. above time and pJace all _........meybohaa"'d 10 desired, It you challenge Ihe ..- ......In coun, ~ mey be -,Imlled to ralsmg onfV' Ihos. Iuues ~ or someone else raISed at the public heanng deIcnbed in Ihls nollce. or In Wflllen correspondence delivered 10 Ihe CIty 01 SII.r Beach It. Or poor to, .....- hNnng DATED thIS 24th day ot June. 11194 _ Yoo. Coty CIer1l Coty '" SolIIBeai:h Pub. Seal SHeh Sun June 30. '1194