HomeMy WebLinkAboutPC Res 24-05 - 2024-04-15 RESOLUTION NO. 24-05
A RESOLUTION OF THE SEAL BEACH PLANNING
COMMISSION RECOMMENDING ADOPTION OF
SPECIFIC PLAN AMENDMENT 24-1, FOR THE
AMENDMENT TO THE MAIN STREET SPECIFIC PLAN
PERTAINING TO MAIN STREET OUTDOOR USES,
ENHANCEMENTS, AND OUTDOOR DINING ON THE
PUBLIC RIGHT-OF-WAY
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND
AND RESOLVE AS FOLLOWS:
WHEREAS, on July 22, 1996, the City Council adopted Revision 96-1 to the Main
Street Specific Plan creating the current version of the Main Street Specific Plan; and
WHEREAS, In accordance with Government Code Section 65453(a); A specific
plan may be adopted by resolution or by ordinance and may be amended as often as
deemed necessary by the legislative body; and
WHEREAS, the Planning Commission is authorized, pursuant to Section
11.5.05.010.B of the Municipal Code, to make a written recommendation to the City
Council to approve, approve with modifications, or disapprove amendments to specific
plans; and
WHEREAS, Pursuant to the California Environmental Quality Act ("CEQA"), the
Community Development Department has determined that the proposed amendments to
the Main Street Specific Plan are categorically exempt from environmental review under
CEQA and the City's CEQA Guidelines under Class 1 (Existing Facilities), Class 4 (Minor
Alterations to Land), and Class 5 (Minor Alterations in Land Use Limitations) pursuant to
CEQA Guidelines Section 15301(c) and (e), Section 15304(e), and Section 15305, as the
amendments do not authorize new uses or development beyond those that the existing
Specific Plan allows and only authorize the temporary placement and/or encroachment
of objects outdoors such as chairs, tables, benches, potted plants, and portable sidewalk
signs as part of the normal operations of existing Main Street businesses. The City has
determined none of the six exceptions to the use of a categorical exemption apply to this
project (CEQA Guidelines Section 15300.2); and
WHEREAS, the Community Development Department on April 4, 2024, caused to
be published a legal notice in the Sun Newspaper, a local paper of general circulation, a
hearing notice indicating the date, time, and location of the public hearing on the proposed
Specific Plan Amendment; and
WHEREAS, on April 15, 2024, the Planning Commission held the duly noticed
public hearing where interested persons had an opportunity to testify in support of, or
opposition to, the proposed amendments.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH
DOES HEREBY RESOLVE, DETERMINE, FIND, AND ORDER AS FOLLOWS:
Section 1 . The City of Seal Beach proposes an amendment to the Main Street
Specific Plan. The amendment would create an administrative permit process pertaining
to Main Street outdoor uses, enhancements, and outdoor dining on the public right-of-
way.
Section 2. The proposed amendments to the Main Street Specific Plan are
categorically exempt from environmental review under CEQA and the City's CEQA
Guidelines under Class 1 (Existing Facilities), Class 4 (Minor Alterations to Land), and
Class 5 (Minor Alterations in Land Use Limitations) pursuant to CEQA Guidelines Section
15301(c) and (e), Section 15304(e), and Section 15305, as the amendments do not
authorize new uses or development beyond those that the existing Specific Plan allows
and only authorize the temporary placement and/or encroachment of objects outdoors
such as chairs, tables, benches, potted plants, and portable sidewalk signs as part of the
normal operations of existing Main Street businesses. None of the six exceptions to the
use of a categorical exemption apply to this project (CEQA Guidelines Section 15300.2).
Section 3. In accordance with Section 11.5.15.025 (Required Findings) of the
Municipal Code, no findings are required for legislative acts. Notwithstanding this general
rule, the Council shall determine whether the proposed action is consistent with the
General Plan. The Planning Commission hereby makes the following finding of General
Plan consistency, as supported by substantial evidence on the record including and
incorporating all facts and evidence in the staff report and its attendant attachments, in
support of the recommendation for approval of Specific Plan Amendment 24-1:
Finding: The proposed amendment is consistent with the following General Plan
Goals and Policies:
Land Use Element
1 . Main Street Specific Plan: The General Plan states that the City Council
adopted the Main Street Specific Plan to provide a vision document to
preserve and enhance the downtown area of Seal beach. The Main
Street Specific Plan provides specific direction regarding allowed land
uses and operations, building and design provisions, and parking
standards and management, to ensure compatibility between land uses
and preservation of the area's small-town character.
2. Features of the Community: A goal of the City is to maintain and promote
those social and physical qualities that enhance the character of the
community and the environment in which we live.
3. Commercial: The City should explore available means to support,
encourage, and balance commercial development within the city.
Section 4. On April 15, 2024, the Planning Commission held a duly noticed
public hearing to consider Specific Plan Amendment 24-1, which would amend the Main
Street Specific Plan as set forth in the draft ordinance included as Attachment "A.".
Section 5. Based on the findings contained in Sections 1 to 4 of this Resolution,
and all other evidence in the record, the Planning Commission hereby recommends that
the City Council approve Specific Plan Amendment 24-1 with the following actions:
A. Permitting the display of outdoor merchandise in the public right-of-way with
the same standards and administrative process as outdoor dining, and
B. Amending the revocation language to specify that failure to comply with the
standard maintenance of the outdoor permitted area may merit suspension or
revocation.
PASSED, APPROVED AND ADOPTED by the Seal Beach Planning Commission at a
meeting thereof held on April 15, 2024, by the following vote:
AYES: Commissioners WHEELER, MINGIONE, WONG, COLES
NOES: Commissioners CAMPBELL
ABSENT: Commissioners
ABSTAIN: Commissioners
Richard Coles
ATTES Chairperson
Alexa Smittle
Planning Commission Secretary
ATTACHMENT A
DRAFT MAIN STREET SPECIFIC PLAN