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HomeMy WebLinkAboutCC Res 5712 2008-04-21 RESOLUTION NUMBER 5712 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ADOPTING NEGATIVE DECLARATION 08-1 IN CONNECTION WITH THE ADOPTION OF SEAL BEACH MUNICIPAL CODE TITLE 11 (ZONING CODE), AND INSTRUCTING STAFF TO FILE APPROPRIATE DOCUMENTATION WITH THE COUNTY OF ORANGE I THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE, FIND, DECLARE, DETERMINE AND ORDER AS FOLLOWS: I Section 1. ,The City has proposed revising the City's Zoning Code ("Project") to reflect the most appropriate and best available development regulations and standards to meet the desires of the community regarding development within the City. Such a comprehensive revision effort has not been undertaken within the community since 1974. The Project does not propose any amendments to the basic lot size, density and building intensity, setback, lot coverage and sign regulations of the current zoning Code. Likewise, there are no changes to allowable and discretionary land uses within the City, other than minor uses such as newsstands and kiosks. New provisions related to a number of design related issues are proposed, such as floor area ratio, building envelope, and other design and aesthetic matters including reduced heights in the RHD-20 District and increased garage parking requirements for single unit residences. These new provisions would reduce the height of structures and the use of on-street parking and thus would decrease impacts analyzed in the initial study. In addition an "Administrative Use Permit" approval process is proposed which would allow the Director of Development Services to review and approve several types of discretionary land use approvals that are currently reviewed and approved by the Planning Commission. Section 2. The Project has been environmentally reviewed pursuant to the provisions of the California Environmental Quality Act (Public Resources Code Sections 21000, et seq. ("CEQA")), and the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000, et seq.). City Staff prepared an initial study pursuant to State CEQA Guideline ~ 15025 (a). Based on the information contained in the initial study, the City staff determined that there was no substantial evidence, in light of the whole record before the City, that approval of the Project may have a significant environmental impact. Accordingly, staff prepared a Draft Negative Declaration ("Negative Declaration") in accordance with Section 15070 of the State CEQA Guidelines. Notice of the preparation of the Negative Declaration was posted for the period of March 10 through April 11, 2008. The City received comments on the proposed Initial Study/Negative Declaration from: o Southern California Association of Governments, March 20, 2008; and o City of Seal Beach Environmental Quality Control Board, Minutes of March 26, 2008. I Section 3. City Staff has prepared written responses to all comments on the Initial Study/Negative Declaration, and provided the responses to the City Council. Section 4. The City's Planning Commission reviewed the Initial Study/Negative Declaration on March 19 and March 26, 2008, in conjunction with a public hearing on the Project and neither received public comments nor provided Commission comments. The City's Environmental Quality Control Board ("EQCB") reviewed the subject Initial Study/Negative Declaration on March 26, 2008. No public comments were received at that time. The EQCB provided comments. City staff has responded to the EQ9B's comments. Resolution Number 5712 Section 5. Pursuant to Section 15074(b) of the State CEQA Guidelines, the City Coun~il independently reviewed and considered the contents of the Initial Study and the Negative Declaration prior to deciding whether to approve the Project. Based on the Initial Study, the Negative Declaration, the comments received thereon, the responses to the comments, the Staff Report dated April 21, 2008, additional public comments, and the whole record before the City Council, the City Council hereby finds that the Negative Declaration prepared for the Project reflects the independent judgment and analysis of the City Council and that there is no substantial evidence that the approval of the Project may have any significant I environmental impact. The City has addressed each of the stated concerns within the Initial Study/Negative Declaration document. Moreover, although CEQA does not require responses to comments made concerning a negative declaration, the City responded in writing to comments received. The documents and other materials which constitute the record on which this decision is based, are on file with the Department of Development Services, 211 Eighth Street, Seal Beach. The custodian of said records is the Director of Development Services. Section 6. Based upon the foregoing, and based upon substantial evidence in the record before the City Council, the Council hereby finds: 1 . There is no substantial evidence in the record that would support a fair argument that approval of the project might have a significant environmental impact. 2. There has been no evidence presented that the Negative Declaration has been "substantially revised" so as to require recirculation under the California Environmental Quality Act. Section 7. Based upon the foregoing, and based upon substantial evidence in the record before the City Council, the Council hereby adopts Negative Declaration 08-1, Adoption of New Zoning Code Title 11 - Seal Beach Municipal Code, and determines that approval of this project involves no potential for adverse effects, either individually or cumulatively, on wildlife resources and will not have an adverse impact on fish and wildlife. I Section 8. The foregoing findings are based on substantial evidence in the record, including without limitation, the draft Negative Declaration 08-1, staff reports and both oral and written testimony. The documents that comprise the record of the proceedings are on file with the Department of Development Services, 211 Eighth Street, Seal Beach. The custodian of said records is the Director of Development Services. Section 9. The Council hereby instructs the Director of Development Services to file appropriate documentation with the County of Orange. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Seal Beach on the 21 st day of April. 2008 by the following vote: AYES: Council Members(h,1iP:J,~: ~ ,~4 ~ NOES: Council Members ~/ / ABSENT: Council Members ~ ABSTAIN: Council Members ~I ~~ I ~ATTEST: (, . ~J~ Cit Clerk Resolution Number 5712 STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I I, Linda Devine, City Clerk of Seal Beach, California, do hereby certify that the foregoing resolution is the original copy of Resolution Number 5712 on file in the office of the City Clerk, passed, approved, and adopted by the City Council of the City of Seal Beach, at a regular meeting thereof held on the 21 st day of April ,2008. ~~,~ Cit Clerk I I