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Home My WebLink AboutCC Res 4328 1994-08-08 RESOLUTION NO. ~B A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ADOPTING NEGATIVE DECLARATION NO. 94-5, RELATING TO A NEW CHAPTER II-E TO THE CODE OF TijE CITY OF SEAL BEACH RELATING TO ADULT-ORIENTED BUSINESSES, AND AMENDING RELATED SECTIONS OF THE CODE (ZONE TEXT AMENDMENT 94-1) I THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE AS FOLLOWS: Section]. The City Cuuncil of the City of Seal Reach wishes to promote the City of Seal Beach's great interesl in protecting and preserving the quality of residential, commercial and industrial areas of the City, and quality of life through effective land use planning. Section 2. The City Council of the City of Seal Beach is aware of, and believes as true the studies prel"1rCl.1 by other cities slIch as Austin. Texas; SI. Paul, Minnesota; Garden Grove, California; Indianapolis, Indiana; Los Angeles, California; and Phoenix, Arizona; as well as by the Attorney General of the State of Minnesota, which show that Adult-Oriented Businesses cause secondary impacts which degrade the areas of the City in which they are located, cause a blighting effect on the City, and increa~e crime in general. and sex related crimes in particular. in the vicinity of the Adult-Oriented Business. I SKtion 3. Prior to the consideration of this Ordinance. the City Council reviewed detailed studies prepared by other jurisdictions regarding the detrimental social and economic effects on persons and propertie~ immediately surrounding established Adult-Oriented Businesses. These studies included those prepared by the citics of Austin, Texas; St. Paul, Minnesota; Garden Grove, California; Indianapolis, Indiana; Los Angeles, California; and Phoenix, Arizona; as well as by the Attorney General of the Stalc of Minnesota. Section 4. While the City Council of the City of Seal Beach desires to protect the rights conferred by the United States Constitution to Adult-Oriented Businesses, it intends to do so in a manner that ensures the continued and orderly development of property within the City and controls, to the greatest extent feasible. those undesirable secondary effects which the aforementioned studies have shown to be related with [he develullment and operation of Adult-Oriented Businesses. SertiOlI 5. It is not the intent of the City in adopting this Ordinance to suppress I any activities protected by the First Amendment, but rather to enact a content neutral Ordinance which addresses the secondary elrcets Adult-Ork'nted Bu~ine~ses have on the City. Section 6. Pursuant to 14 Calif. Code of Regs. * 15025(a) and ** /I.C and III of the City is Local CEQA Guidelines, staff prepared an Initial Study and a Negative Declaration, which were circulated for public revil'w and commcnt from JUIlt: 27, 1994 to July I I I Resolution Number #:28 20, ]994, in compliance with the provisions of the California Environmental Quality Act and the City is Local CEQA Guidelines. Spction 7. A duly noticed public hearing was held before the Planning Commission on July 20, 1994 to consider the Initial Study and the Negative Declaration. At the public hearing, no persons appeared to speak in favor of, or in opposition to, the request. Section 8. the following: The record of the I'limning Commi\sion puhlic hearing indicates (a) 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 Southern California Association of Governments and the County of Orange expressed no concern with the proposal. (b) No new information was brought forward at the public hearing with regard to potential environmental impacts fTOm the project that was not addressed in the initial environmental assessment. (c) analyzed proposed Resolution 94-32. The Planning Commission affirmed that it independently reviewed and Negative Declaration No. 94-5 prior to adopting Planning Commission Section 9. A duly noticed public hearing was held before the City Council on August 8, ]994 to consider the Initial Study and the Negative Dl'c1aration. Section ]0. The City Council affirms that it independently reviewed and analyzed proposed Negative Declaration No. 94-5 prior to adopting the ordinance, and the City Council has reviewed and considered the information contained in the Negative Declaration and the initial study, and has also reviewed and considered the comments received during the public review period prior to the approval of this Project and herehy finds as follows: (a) Negative Declaration 94-5 was prepared hy City Staff" and therefore reflects the independent judgment of the City of Seal Rcach; and (b) There is no substantial evidencc in the rccord which would support a fair argument that approval of the proposed Adult-Oriented Rusines~ Ordinance and Zone Text Amendment 94-1 might have a significant environmental impact; and (c) Pursuant to Title XIV, California Code of Regulations, Section 753.5(c)(I), the City Council has determined that, after considering the record as a whole. there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the habitat upon which the wildlife depends. Furthermore, on the basis of substantial evidence, the City Council finds that any pre~umption of adverse impact has been adequately rebutted and that pursuant to Fish and Game Code Section 711.2 and Title XIV, California Code of Regulations, Section 753.5(a)(J), that the payment of Fish and Game Department filing fees is not required in conjunction with this project. 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 Certiticate of Fee Exemption. Section I]. Based on the foregoing, the City Council hereby adopts Negative Declaration 94-5, in compliance with the California Environmental Quality Act and the City's Local CEQA Guidelines. Resolution Number ~~ PASSED, APPROVED AND ADO..-gTED by the City Councjl'Ofthe City at a meeting thereof held on the M day of Lb..t the following vote: f Seal Beach , 1994, by ABSENT: Councilmembe . Co'~i1m""~ cm"cilm'mhm~.L-- AYES: NOES: I ; ':;"1 ( \~U~~ //7 J~ e Yeo, iiy Clerk L / .~~ ~ge . Brown, Mayor _...: "<''':>'''-'\\, ,::,.- .. hEA.L ~\'" .::".1 0 ...... B~ lt~ ,;~. ....~o..o,:.:..'f~ "'1. t,; .. ,<i- "0.' -s. \ '~" 1Ir:. ,. . . ~ o . : <2 ,,.~o o.....~ 'P"~ ~.:~I 'Io"'Q...08It \q'''..'' 0'# "~.. 27. .. ~; C": ........ p.\": # \~~~~ ;.-." I STATE OF CALIFORNIA} COUNTY OF ORANGE } SS . CITY OF SEAL BEACH } I, Joanne M. Yeo, City Clerk of Seal Beach, California, do 'n:b certify that the foregoing resolution is the original copy of Resolution Number on file in the office of the Ci Jerk, passed, approved, and adopted by the Ci y Coun~J the City of Seal Beach, at a regular meeti g thereof held on the ~ day of ,1994. I PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, County of Orange Resolution Number ~~~ This space for for the County Clerk's Filing Stamp I 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 S9I . 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 in any supplement thereof on the following dates, to-wit: 7/28 Proof of Publication of NEGATIVE DECLARATION 94-~ ............................ . ............................ . , 19JM.... NoncE IS HEREBY GIVEN Ihallha City Council of Iha CIly of SUI Beach will hold a publiC haarlng on Monday. Augua' 8, 1894, a' 7:00 p.m. In Iha Clly Council Chambara. 211 Elghlh Str..t, S... B..ch, California, 10 conaldar Iha following 118m: NEGATIVE OECLARATION 94.5 ZONING TEXT AMENDMENT 94-1 ADULT -ORIENTED BUSINESS ORDINANCE !Iequeot: The City of. Sell BIICh is proposing to Idopt new permit regulations regarding the establishment of Adult-Onented Buslne.se. Within the City. The proposed regulations will replace eXISting regulations In I1tIPDfIS8 to _coun-..... EnvIranmll1lal_ A NAftlIthM ~l!Ift1t:10n has been prepared 8n 18 on file a. the Department of Development Se,.',ce., Cltr Hall. 211 EIghth S___ ~ SecIIons' 11.18; 11-48(8)(2),(3); 12-7(d); 15-. 7; 28-1.00; 28-1500; and, the' 8dtI11Ion 01 ChIpIer 11 E ~~~IBeo'" At the above time and place all 'ntel8l1od P8rsano mey be heolll d 10 desired. II you ctiallenge the ..- aCbOnS on coul1, l/IlU moy be .lImlted to railing onry those Issues you or someone elSe raised al the publiC heanng described In thiS nollee. or In wntten correspondence delivered to the City 01 S..1 Beach at. or poor to, It10 public heonng. DATED This 22nd day of July. 1994 JoBnne Yeo. City Cler1c City of S8a11laai:h PuOl/shad Sun NewspeP81S July 28, 1994 all in the year 19JM.... I I certify (or declare) under penalty of perjury that the foregoing is true and correct. ' Signature i , ............ PUBLICATION PROCESSED BY: THE SUN NEWSPAPERS 216 Main Street P.O. Box 755 Seal BeBch, CA 90740 (310)430-7555 I I