HomeMy WebLinkAboutCC Res 7464 2023-11-13 RESOLUTION 7464
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEAL BEACH TO DENY GENERAL PLAN AMENDMENT 19-
1 THAT WOULD HAVE CHANGED THE LAND USE
CATEGORY OF 328 13TH STREET FROM RESIDENTIAL
HIGH-DENSITY TO GENERAL COMMERCIAL AND TO DENY
ZONE CHANGE 19-1 THAT WOULD HAVE CHANGED THE
ZONE OF THE PROPERTY LOCATED AT 328 13TH STREET
FROM RHD-20 TO GC AND THE ZONE OF THE PROPERTY
AT 324 13TH STREET FROM RHD-20 TO RHD-33
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND
RESOLVE AS FOLLOWS:
Section 1 . A duly noticed public hearing was held before the City Council on
October 23, 2023 to consider the proposed Negative Declaration (including Initial Study and
related Appendices) and the application for: (1) GPA 19-1 , a request to amend the Land Use
Map of the City's General Plan to change the land use designation of the property located
at 328 13th Street from Residential High Density to General Commercial; and (2) Zone
Change 19-1, which would amend the City's Zoning Map to change the zoning designation
of the property located at 328 13th Street from RHD-20 (Residential High Density – 20 units
per acre) to GC (General Commercial) and to change the zoning designation of the property
located at 324 13th Street from RHD-20 (Residential High Density – 20 units per acre) to
RHD-33 (Residential High Density – 33 units per acre).
Section 2. At the aforementioned hearing, all interested parties, including the
applicant, were given the opportunity to be heard and to present evidence. The City Council
received and considered all evidence presented, both written and oral, regarding the subject
application.
Section 3. GPA 19-1 and Zone Change 19-1 are part of a development application
(Project) that was heard before the Planning Commission on May 15, 2023 and September
5, 2023, for which the Commission conditionally approved Conditional Use Permit 19-7 and
Variance 22-1 to allow the reconstruction of the gas station at 1300 PCH and 328 13th Street,
with the addition of a 1,200 square foot convenience store; and for which the Commission
recommended that the City Council approve GPA 19-1 and Zone Change 19-1. The
Planning Commission's approval of Conditional Use Permit 19-7 and Variance 22-1 was
conditioned upon the City Council's approval of GPA 19-1 and Zone Change 19-1.
Section 4. No findings are required for legislative acts such as a General Plan
Amendment and a Zone Change. However, the City Council finds that the GPA and Zone
Change to change the land use category and zoning of the property at 328 13th Street to
General Commercial would not be in the best interest of the City because it would result in
a commercial use—a convenience store—encroaching further into a residential
neighborhood with narrow streets. In addition, eliminating the Residential High-Density
L Designation and Zoning on the property would limit the opportunity for housing development
on a vacant parcel at 328 13th Street.
Section 5. In compliance with the California Environmental Quality Act, Cal. Pub.
Res. Code § 21000 et seq. ("CEQA") and the State CEQA Guidelines 14 C.C.R. § 15000 et
seq., a Negative Declaration was prepared for GPA 19-1 and Zone Change 19-1. The
Negative Declaration found that proposed GPA and Zone Change would not have a
significant effect on the environment. However, pursuant to Guidelines Section 15061(b)(4),
a project that is denied or rejected by the City is exempt from the requirements of CEQA.
Section 6. The Seal Beach City Council hereby denies GPA 19-1 and Zone
Change 19-1.
Section 7. As a result of the City Council's denial of GPA 19-1 and Zone Change
19-1, the Planning Commission's conditional approval of Conditional Use Permit 19-7 and
Variance 22-1 is hereby void and of no force or effect.
Section 8. The documents, staff reports, technical studies, appendices, plans,
specifications, and other materials that constitute the record of proceedings upon which this
Resolution is based are on file for public examination during normal business hours at the
Community Development Department, City of Seal Beach City Hall, 211 8th Street, Seal
Beach, CA 90740.
PASSED, APPROVED, AND ADOPTED by the Seal Beach City Council at a meeting
thereof held on November 13, 2023, by the following vote:
AYES: Council Members: Kalmick, Landau, Moore, Sustarsic
NOES: Council Members: None
ABSENT: Council Members: Steele
ABSTAIN: Council Members: None
, � Thomas Moore, Mayor
ATTEST: a ya`
Ankradayaim
Gloria D. Harcer, City Clerk G��1N
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing
resolution is the original copy of Resolution 7464 on file in the office of the City Clerk, passed,
approved, and adopted by the City Council at a regular meeting held on the 13th day of
November, 2023.
64.
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Gloria D. Harp& ity Clerk
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