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Home My WebLink AboutPC Res 187 - 1967-11-29 e . . RESOLUTION NO. 187 A RESOLUTION OF TH~ PLANl'liNG Cm1MISSION OF THE CITY Or' SEAL HEACH APPROVING AND RECONNEHDING REZONING OF LOT D, !K~CT 440l,~FRO~1 EXISrIPG R-3-PD (HULTIPLE RESIDENTIAL-:-PLANNED DEVELOPNENT) TO C-O (PROFESSIONAL OFFICE) ZO~E (APPLICATION CZ-l-67, GOLDEN RAIN -I"OUNDATl(I~~) "" ~1EREAS, in the matter of Chauge of Zone Application No. CZ-1-67, the Planning Commission of the City of Seal Beach does report as follows: 1. Subject case was initiated by Golden Rain Foundation, by its authorized agent, Dean Cawpbe1l, President of the Board of Directors, 1661 Golden Rain Road~ ~8al Beach. I I 1 . 2. Subj E'ct property is Lot D, Tract 4401, and is mo!'c commonly kno\.m as the -administration, nmphitheatre and medical center area of Leisure \olorld, Seal Beach. 3. Subject property is o\~ed by the Golden Rain. Foundation, in fec silnple, as a trust aRsct, held in tryst for the benefit of all. Leisure World Mutual Corpor2tions and all Leisure World residents. ~ 4. Subject property is zoned R-3-PD, Nultiple Residential-Planned Development. Uses al;loued nnder this zone in addition to resi.dential are: parks, recreation, clubs and social halls, playfj.elds and swimming pools, all subject to isauance of. a Conditional Use Penait~ but not allowed on a business or commercial basis. 5. Actual prr:sent uses cn subject property are: amphitheatre, adm5nistration offices, medical center, pharmacy, Federal medical office, newbpaper office (no printing production) and a travel agency, plus parking for all of above uses. None of these uses except amphitheatre are allowable under the.present R-3-PD Zone. 6. Subject request is to rezone to comme.rcial in order to continue to serve Leisure World with these commercial uses on a legally zoned basis. 7. Resolutions supporting th-is request have been passed by the Boards of Directors of Mutuals 1, 2, 3, 4, 5, 7, 9, 11 and 14 and have been entered into the records of subject case. Mutual corporations are the legal owners of all residential property within Leisure \~orld, holding such property in trust for the resident shareholders. 8. A petition opposing rezoning to commercial has been submitted bearing 1,610 signatures of Leisure World residents as well as a protest petition of 149 s1 natures. These petitions have been entered into the records of subject case. Seventeen individual written communications have been received, opposing rezoning, and all have been entered into the recorda of subject case. Resolution NO. 187 - 2 e 9. The Planning Commission has held a public hpAr:f.ng on November 8 f 1967, continued to November 29, 1967. in which it h~s heard a great deal of verbal testimony, favoring and opposing rezoning :to 'commercid < ,. 10. The City Attorney has given a legal opininn t.haf',.;'the City has t\'10 basis legal choices, to abate all conmlercial and business u~es at subject location or to rezone the site to conunercial in o\-der to mak~ tllesp. uses conforming. He does not feel that granting of use variances or conditional use permits is the proper legal method of solving this problem. He also does not believe that amendment of the PD Zone lIse provisions is a proper or acceptable course. He states that the Golden Rain .Foundation is the legal owners of subj~t property, and that the Board of Directors has the legal right and responsibility to submit application for rezoning. He also states that the Hutual Corporations are the legal owners of residential properties in Leisure World and, as such, their Boards of Directors exercise the only legal property ownership rights concerning support or opposition to rezoning. Determination of the ,,!isdom of choices of actions by the Golden. Rain Foundation Board of Directors and the Boards of Directors of the various Mutual Corporations is an internal matter c~r.cerning tha shareholders of Leisure Horld and cannot he of direct legal concern to the City of Seal Beach in this matter. .The City may only exercise judgement and act in the matter of zoning. I J i i e 11. The Commission Secretary indicates that the Commercial Zone most closely related to the uses on subject property is the C-O, Professional Office Zone. This is the most restrictive commercial zone, al10tl1ing the least number of commercial types of uses. All the present uses appear to be covered by the provisions of this zone. However. he recommends that the Commission should determine that Administrative Offices and Newspaper Offices (with no printing production) are acceptable uses in the c-o Zone, since these two uses are not specifically listed in this zone. WHEREAS, the Planning Commission findings are as follows: 1. On advice of the City Attorney the only legal choices are to rezone subject property to commercial or to legally abate the commercial uses. 2. Abatement appears to be cnmpletely impractical. 3. Rezoning to C-O, Professional Office Zone is the most logical solution. 4. The Administrative Office and Newspaper Office (with no printing production) are reasonable uses for the C-Q Zone. NOH, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Seal Beach ~.:>es hereby approve Change of Zone Application No. .CZ-l-67, and does recommend to the City Council of the City of Seal Beach the rezoning of Lot D, Tract 4401, from R-3-PD, ~tultip1e Residential-Planned Development, to C-O, Professional Office Zone, and does also recommend the approval of Administrative Office and Newspaper Office (with no printing production) as allowable uses in the C-O Zone. e e e e Resolution No. 187 - 3 ./ ADOPl'EIJ AND APPROVED th~s 29th day of Novembers 1967. ) I 0' - ;---, I . -... / ,,~" .... ../ / . // -,-:,- ,....- j'. - :''''',-,/' I t. .. "" .- :.... \.__ Chairman of tne P~ruming CommiF:sion I 'v I hereby certify that the foregoing resolution was duly..adopted at an adjourned meeting of .the Planning Commission of the City of Seal Beach which was 'held on Wednesday, November 29, 1967, and carried by the following vote: AYES: NOES: ABSENT: Commissioners: Commission;rs: Commissioners: Boeger, Crowley, Lanning, Murphy, Peters None None /J ~;;. Jf.' ~/. ./-' ~/ .</ fi' ~ / '- -../...::;::;;.a - " "" "'...-;: .. '" <.---... (/ ..-// ~~ -1Z '-~V'//~ t..;.r-? -~ . r- A:' -, 1--2 .." -- /~Secretar.y of the Planning Commission /. . -. I I f I I ~ I I