HomeMy WebLinkAboutPC Res 1495 - 1988-02-17
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RESOLUTION NUMBER 1495
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SEAL BEACH APPROVING CONDITIONAL
USE PERMIT 12-87, A REQUEST TO ESTABLISH A
LANDSCAPING PROGRAM FOR A NONCONFORMING
COMMERCIAL CENTER (12121 SEAL BEACH
BOULEVARD)
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH OPES HEREBY
RESOLVE:
WHEREAS, on October 27, 1987, Century National Properties, Inc.,
dba Rossmoor Business Center, filed an application for
Conditional Use Permit 12-87; and
WHEREAS, the applicant is requesting to establish a landscaping
program, as prescribed by Section 28-24a8 (Ord. 1252)
of the Code of the City of Seal Beach, to achieve seven
(7) percent landscaping in the center. Specifically,
the applicant proposes to add the additional
landscaping required over five years; and
WHEREAS, the subject property is a 39.s-acre, 1,72a,62a square-
foot commercial center in the C-2 (General Commercial)
Zone; and
WHEREAS, the surrounding land uses and zoning are as follows:
North and West - A mixture of multiple family dwellings
and in the RHO (High Density Residential) Zone and in
the unincorporated community of Rossmoor, and single
family homes in Rossmoor; and
South - A mixture of single family homes in Rossmoor
and a public library and community center in the PLU
(Public Land Use) Zone; and
West - A mixture of commercial uses and a golf course
in the C-2 and R-G (Recreation - Golf) Zones; and
WHEREAS, the Rossmoor Business Center is nonconforming due to
substandard landscaping; only five (5) percent of the
site is landscaped (88,asl square feet), whereas
Section 28-l4a2 requires ten (la) percent; and
WHEREAS, Section 28-24a8 of the Code of the City of Seal Beach
states that nonconforming commercial uses may not be
structurally altered or expanded unless such
alterations or expansions make the use conforming.
This section has prevented structural modifications
within the Rossmoor Business Center without either
providing an additional five (5) percent landscaping or
obtaining a ,variance; and
WHEREAS, on September 29, 1987, the City Council amended Section
28-24a8 to allow commercial centers greater than twenty
(2a) acres, which are nonconforming only by reason of
inadequate landscaping, to make structural alterations
or enlargements with a building permit if a minimum of
seven (7) percent of site area is landscaped.
Commercial centers, such as Rossmoor, with less than
seven (7) percent landscaping may be structurally
altered pursuant to a conditional use permit which
establishes a landscaping program indicating the
procedure and schedule whereby seven (7) percent of the
lot area will be landscaped; and
WHEREAS, the Planning Commission held a duly noticed public
hearing on Wednesday, February 17, 1988; and
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Resolution Number 1495
Page Two
WHEREAS, the Planning Commission makes the following findings:
1. The proposed landscaping program fulfills the
requirements of Section 28-2408 by providing seven
percent landscaping and more than one tree for
every five parking spaces in the Rossmoor Business
Center.
2.
Conditional Use Permit
the neighborhood and the
additional landscaping
the City.
12-87 is compatible with
community at large as the
will be a visual asset to
3. Conditional Use Permit 12-87 is consistent with
the General Plan, which proposes achieving a
superior overall visual environment in the City's
commercial areas through the application of
individualized design criteria.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of
the City of Seal Beach does hereby approve Conditional Use Permit
12-87, subject to the following conditions:
1. Conditional Use Permit 12-87 is approved to establish a
landscape program for the Rossmoor Business Center.
2. The landscape program shall consist of annual additions of
plant material on the following schedule:
To be added by Year-End 1988.......6,479 square feet
To be added by Year-End 1989.......6,479 square feet
To be added by Year-End 1990.......6,478 square feet
To be added by Year-End 1991.......6,478 square feet
,To be added by Year-End 1992.......6,478 square feet
3. If an annual addition exceeds the minimum required, the
excess shall not be credited to a future year.
4. The minimum size for trees shall be IS-gallon, with at least
20 percent of new trees a 24-inch box size.
5. Shrubs shall be a mix of one (1) and five (5) gallons in
size.
6. Prior to each annual addition, precise landscape plans
indicating plant types and location shall be submitted to
the Director of Development Services for approval. Precise
plans shall be in substantial compliance with the landscape
program approved by the Planning Commission. The decision
of the Director may be appealed to the Planning Commission.
7. This program shall be binding upon all parcels comprising
the 39.5-acre property commonly known as the Rossmoor
Business Center and shown in the Plans approved by the
Planning Commission.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the
City of Seal Beach at a meeting thereof held on the 17th day of
February, 1988 by the following vote:
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Resolution Number 1495
Page Three
AYES Commissioner (s) f@/1ltf~o/u4-ft.,~, 1iL/lo,/ JItILY2,.Ji,~~
NOES Commissioner{s) J7~
ABSTAIN
Commissioner (s) /7e??1.1
Commissioner{s) )1~
ABSENT