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HomeMy WebLinkAboutPC Res 103 - 1966-11-30 i. r -r' . ---e ., RESOLUTION NO. - 103 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING PRECISE PLAN APPLICATION NO. PP-1-66 AND RECOMMENDING SAID PRECISE PLAN TO THE CITY COUNCIL FOR ADOPTION. WHEREAS, in the matter of the request for approval of a Precise Plan for certain property lying along Pacific Coast Highway, Fifth Street and Marina Drive in the City of Seal Beach, the Planning Commission of the City ,of Seal Beach does report as follows: 1. Subject case was initiated by Sydney M. Ehrman and Wells Fargo Bank for the estate of Florence Hellman Ehrman, c/o Suburbia, Inc., 1104 East 17th ~treet, Santa Ana, California. 2. Proposed developer of the property is the above stated Suburbia, Inc. 3. Legal description of the property is attached as Exhibit "A", being listed as Parcel 1 and Parcel 2. 4. Subject case is to adopt a Precise Plan for subject property concurrently with a change of zone status described in Application CZ-1-66, and that said Precise Plan shall be an integral part of the zoning and shall govern the use and development of subject property. Precise Plan Map Sheets PP-1-66, numbered 1 through 6, are submitted as a part of the proposed Precise Plan. Map sheets Nos. 5 and 6 of Precise Plan PP-1-66 are Tentative Tract Maps Nos. 6345 and 6346. WHEREAS, the Planning Commission findings are as follows: 1. No oral or written protests were received at the duly advertised public hearing on November 30, 1966. 2. The City Engineer has submitted a comprehensive report concerning Rezone Application No. CZ-1-66, Precise Plan Application No~ PP-1-66 and Tentative Tract Maps Nos. 6345 and 6346, all of which involve the subject property. This report and all recommendations and conditions contained therein are found by the Planning Co~mis~ion to be acceptable as a basis for approval of the proposed Precise Plan PP-1-66. 3. The proposed Precise Plan PP-1-66 is in basic conformance with the Seal Beach Comprehensive General Plan and is found an acceptable approach to development of the property. 4. Proposed on-sale liquor use in the dinner house type restaurant shown on the Precise Plan (and shown as a part of Lot 67 of Tentative Tract Map 6345) requires a Conditional Use Permit. Approval and adoption of the Precise Plan should be considered as concurrently approving a Conditional Use Permit for on-sale liquor in the dinner house. ~ e . . .. Resolution No. 103 - 2 s. Proposed establishment of a church use on a portion of the subject property (shown as Lot "A" on Tentative Tract Map 6346) requires a Conditional Use Permit. Approval and adoption of the Precise Plan should be considered as concurrently approving a Conditional Use Permit for said church use. NOW,"THEREFORE, BE. IT. RESOLVED. that: the'Planning Commission of the City of Seal Beach does hereby approve Precise Plan Application No. PP-1-66 and does recommend adoption by the City Council subject to the following conditions: 1. A Conditional Use Permit is 'hereby granted for on-sale liquor as a use in the proposed dinner house restaurant shown on the Precise Plan PP-1-66 (and part of Lot 67, of Tentative Tract Map 6345). . 2. A Conditional Use Permit is hereby granted for church use of Lot "A" of Tentative Tract Map 6346 (sheet 6 of Precise Plan PP-1-66). 3. All recommendations and conditions stated in the Comprehensive Report of the City Engineer dated November 30, 1966, concerning application-Nos. CZ-1-66, PP-1-66 and Tentative Tract Maps Nos. 6345 and 6346. 4. All conditions indicated on sheets 1 through 6 of Precise Plan Maps PP-1-66 (sheets 5 and 6 being Tentative Tract Maps 6345 and 6346). S. Developer (Suburbia, Inc.) and the City of Seal Beach shall enter a written agreement concerning items so recommended in the City Engineer's comprehensive report of November 30, 1966. ADOPTED AND APPROVED this 30th day of November, 1966. <Z I~.~_ Chairman of the Planning/Commission v I hereby certify that the foregoing resolution was duly adopted at a special meeting of the Planning Commission of the City of Seal Beach which was held on November 30, 1966, and carried by the following vote: AYES: NOES: ABSENT: Commissioners: Commissioners: Commissioners: Boeger, Crowley, Jones None Lanning, Murphy seC~Ss1Dn . e ~XHIBIT A Parcell. That portion of the South half of Section 11, Township 5 South, Range 12 West, in Lot C-l of the Rancho Los Alamitos, in the City of Seal Beach, County of Orange, State of California, as per maps 1 and 2 filed in Decree of Partition in the Superior Court of California, in and for the County of Los Angeles, Case No. 13527, a certified copy of the Final Decree of said case having been recorded February 2, 1891 in book 14 page 31 of Deeds, in the office of the county recorder of said Orange County, bounded southwesterly by the northeasterly line of the land described in deed to the Pacific Electric Railway Company, recorded November 10, 1903 in book 92 page 349 of Deeds, r~cords of said Orange County; southeasterly by the northwesterly line of that strip of land 80.00 feet in width described in deed to the City of Seal Beach, recorded June 22, 1956 in book 3554 page 120 of Official Records of said Orange County and easterly by the westerly line of the land described in deed to the State of CaJifornia, recorded August 15, 1930 in book 409 page 128 of Official Records of said Orange County. EXCEPT the southwesterly 20.00 feet thereof. e ALSO EXCEPT that portion thereof lying westerly of the following described lines: Beginning at a point on the northeasterly line of the 100.00 foot strip of land described in the deed to the Pacific Electric Railway Company, recorded November 10, 1903 in book 92 page 349 of Deeds, records of said Orange County, distant North 420 20' 1011 West 797.61 feet along said northeasterly line from the intersection of said line with the southerly line of said section 11; thence North 540 42' 50" East 20.15 feet to the true point of beginning, said point being the most southerly corner of the land described in the deed to the City of Seal Beach, recorded February 13, 1946 in book 1383 page 273 of Official Records; thence.North 540 44' 03" East 280.98 feet to the most easterly corner o~ said City's land; thence North 420 20' 10" West to the northwesterly line of said Rancho Los Alamitos. ALSO EXCEPT all minerals, ga~ oil, petroleum, naphtha and other hydrocarbon substances in and under the above described property, together with all necessary and ~onvenient rights to explore for, develop, produce, extract and take the same, including the exclusive right to directionally drill into and through said land from other lands and into the subsurface of other lands, subject to the express limitation that any and all operations for the exploration, development, production, extraction, .and taking of any of said substances shall be carried on at levels below the depth of 500 feet from the surface of the above described property, by means of mines, wells, derricks, and/or other equipment from surface . locations on adjoining or neighboring land lying outside of the above described property, and subject further to the express limitation that the foregoing reserv~tion shall in no way be interpreted to include any right of entry in and upon the surface of the above described strip of land. ALSO EXCEPT all water in or under said land. e. . . . Parcel 2. That portion of the South half of Section 11, Township 5 South, Range 12 West, in Lot C-l of the Rancho Los Alamitos, in the City of Seal Beach, County of Orange, State of California, as per maps land 2 filed in Decree of Partition in the Superior Court of. California, in and for the County of Los Angeles, Case No. 13527, a certified copy of the Final Decree of said case having been recorded February 2, 1891 in book 14 page 31 of Deeds, in the office of the county recorder of said Orange County, bounded southerly and southwesterly by the northerly line of the land described in deed to the State of California, recorded September 11, 1922 in book 436 page 107 of Deeds, records of said Orange County; northeasterly by the southwesterly line of the land described in the deed to Pacific Electric Railway Company, recorded November 10, 1903 in book 92 page 349 of Deeds, records of said Orange County, and southeasterly by the northwesterly line of that strip of land 80.00 feet in width described in deed to the City of Seal Beach, recorded June 22, 1956 in book 3554 page 120 of Official Records of said Orange County. EXCEPT the northwesterly 239.34 feet thereof. ALSO EXCEPT therefrom all minerals, ga~ oil, petroleum, naphtha and other hydro- carbon substances in and under the above described property, together with all necessary and convenient rights to explore for, develop, produce, extract and take the same, including the exclusive right to directionally drill into and through said land from other lands .and into the subsurface of other lands, subject to the express limitation that any and all operations for the exploration, develop- ment, production, extraction, and taking of any of said substances shall be carried on at levels below the depth of 500 feet from the surface of the above described properly, by means of mines, wells, derricks, and/or other equipment from surface locations on adjoining or neighboring land lying outside of the above described property, and subject further to the express limitation that the f~regolng reservation shall in no way be in~erpreted to include any right of entry in and upon the surface of the above described strip of land. Parcel 1 as hereinabove described shall be subject to an easement 10 feet in width extending along the entire northwestern boundary of the said parcel, for the purpose of installing, maintaining, replacing and reinstalling a sewer line of sufficient size and capacity.to adequately serve certain property to the northeast of said parcel, to which said easement shall be appurtenant. . .