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HomeMy WebLinkAboutCC Res 4196 1992-12-14 RESOLUTION NUMBER 419~ A RESOLUTION OF THE CITY OF SEAL BEACH DIRECTING STAFF TO REQUIRE AN INITIAL STUDY FOR THE EXPANSION OR INTENSIFICATION OF CER T AIN NONCONFORMING COMMERCIAL USES THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES RESOLVE AS FOLLOWS: I Section 1. The City Council of the City of Seal Beach hereby finds that: a. There has been a recent proliferation of applications for permits to expand or intensify existing nonconforming commercial uses in the c-t zone along Ocean and Main Streets in the City, Parking spaces and circulation infrastructure in that area are already overtaxed due to the great number of uses developed during the early years of the City, prior to the advent of contemporary transportation patterns and the implementation of parking standards necessary to accommodate the traffic such uses can be expected to generate, In addition, the area is immediately adjacent to residential neighborhoods, Those residential neighborhoods may be adversely affected by the expansion and intensification of such uses. b. The City wishes to study, inter alia. the standards of the Land Use Element of the General Plan, the Main Street Specific Plan, and the code of the City of Seal Beach to allow for mitigation of, and greater control over the potential adverse impacts of expanded and more intense uses in the c-t zone along Ocean and Main Streets in the City. Such potential adverse impacts include undue burden on the City's limited parking supply and police and fire safety resources, traffic, noise, and incompatibilities with adjacent residential uses. I c. Additional expansions or intensifications of use under present standards, without additional environmental review, would be detrimental to the health, safety and public welfare, and may cause cumulatively significant environmental impacts, including impacts on parking, traffic, noise, and land use .:cnflicts. d, The issuance of additional permits for expansions or intensifications of use during the effectiveness of this ordinance, without additional environmental review, may conflict with future standards for such permits which the City intends to draft to avert the potential adverse consequences noted above. Section 2, Based upon the foregoing, the City Council hereby directs staff to require an Initial Study, as that term is defined in the City's CEQA guidelines, for the expansion or intensification of any nonconforming commercial use on the properties in the C-I zone which fronts on Main Street and Ocean Avenue and which are depicted in Exhibit A hereto. Exhibit A is hereby incorporated by this reference, Section 3. The provisions of Section 2 of this resolution shall not apply to any of the following: I a. Repair, maintenance, or renovation of existing structures or facilities provided that such repair, maintenance or renovation does not expand or intensify the use such as, for example, and without limitation, increasing the amount of enclosed floor space, I I I Resolution Number ~i~~ b. Repair or maintenance work which the Director of Development Services or his designee determines is necessary to abate a threat to the public health or safety. c, Any approval or permit for which a completed application has submitted to the Department of Development before the close of business on December 14, 1992, the day this resolution takes effect, The records of the Department of Development Services indicate that completed applications are now pending for the permits listed in a memorandum to the City Council dated December 14, 1992 which is attached hereto as Exhibit "B", and incorporated by this reference. Section 4, This Resolution shall remain in effect unless it is repealed by this City Council, after conducting a duly noticed public hearing, Notice of such public hearing shall be published. Section 5. The City Clerk shall certify to the passage of this resolution, and enter it into the original book of Resolution's. PASSED APPROVED AND ADOPTED by the ~ Council oLE City ~ Beach, California, at a meeting thereof held on the / - day of ".I!..IJb. 1992, by the following vote: AYES: Council members .~ NOES: Councilmembers ABSENT: Council members ~040 /' ~A 'l"..L# Mayor AITEST: #-<oO.'O).~... . -'Of SEAL8\l~1 - ... ........ -1'... I, ;~ ."C:oa.o.41......('.'IJ r) l'" '0... '10 ~ to! ~\.. 0: :< 101.0 O'/:lf} "'..~ '1".91 lttQ;:O~:'f 27, ':~.~~ "'lit. C' ......0 c..lt-"'- "l\\; OUNt'l' . ~./lr \~.l STATE OF CALIFORNIA } COUNTY OF ORANGE } CITY OF SEAL BEACH } SS I, Joanne M, Yea, City Clerk of the City of Seal Beach, California, po hyreby certify that the foregoing Resolution is an original copy of Resolution Number #/'1 (p on file in the office of the City Clerk, passed, approved and adop~ ~ the City ~lncil of the City of Seal Beach at a regular meeting thereof held on the ~ day of- ~J'.J/o,h6?/, 1992. Resolution Number ~/qlo MAIN STREET RESOLUTION ~i:'rr l:~." .J L -.--- ---- . I . . . 4 . , . . .i._~~~.""'"!:o! . ......1 '" -'- -...= --- CALIf....A --- --.- I'A'I .. .. . . .. w w I~ . - - . - E: .. . . .. . .. u .. .. . .. . . . .. . . . . . .. u ';,'i'~~-o'l'l. "~l' , . · "':".t~~'.,, ,~ ,1 t. .. ':"".~~...~ " ~,. . I .. .. .. ,", I' . . ,1'11I'1""'" . . '..... 'Vl ---tt"05if,. . . . ..1 .1.......... I.; I I I ... '. 01" .... f .I1f' ,.. . ,.- .-.-A C '. ...0' , \.01' I ,-0' t ""1'" H" .".., .~ .. . . Il'.. i;i ,I, "'\) V ILOO. I.' ~ .... ---J~ - I --:::.: .. , '.' --- - PAcific OCEAN I EXHIBIT A Resolution Number ~/~t? ," . EXHIBIT B ~~EMORANDUM I To: Honorable Mayor and Members of the City Council QuiM Barrow, City Attorney Attention: . Jerry Bankston, City Manager From: Lee Whittenberg, Director of Development Services Subject: MAIN STREET CUMULATIVE ENVIRONMENTAL IMPACT ANALYSIS - PeDding ApplicatioDS PoteDtlaUy Subject to IDterim OrdioaDce ProvisioDS Date: December 14, 1992 Below is a listing of pending Conditional Use Permit applications on Main Street which could be impacted by the adoption of an interim Ordinance regarding expansion/intensification of use on Main Street: A, Projects approved by Planning Commission, Appeals Filed, Public Hearings Scheduled before City Council: I 1. CDndilio1lll1 Use Pennit 92-2 - Modificalion 01 HOUTS 01 Operation, Seaside Grill, 101 Main Street, Suite O. 2. CDndilio1lll1 Use Pennit 92-13 - Uve Entertainment, Papillon Restaurant, 143 Main Street. B. Projects approved by Planning Commission, Appeal Period not Expired: I. CDndilio1lll1 Use Pennit 91-17 - Modificalion 01 HOUTS 01 Operation, Pasta Grotto, 117 Main Street. C. Pending Applications Scheduled before Planning Commission for Public Hearing: 1. CDndilio1lll1 Use Pennit 92-23 - Beer tmd Wine, New Operalor, BJ's Chicago Pizza, 209 Main Street (Green Pepper). . . . . I