HomeMy WebLinkAboutPC Res 416 - 1970-04-01
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A RESOLUTION OF THE PLANNING CONNISSION OF THE
CITY OF SEAL BEACH REAr'FIRHING ITS APPROVAL OF
DEVELOPNENT OF THE DOW CHEMICAL PROPERTY BY
R & B DEVELOPMENT COMPANY UNDER TERMS AND
CONDITIONS OF PLANNING CO~lMISSION RESOLUTION
NO. 385 AND CITY COUNCIL ORDINANCE NO. 802.
(PRECISE PLAN NO. PP-1-69)
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IDIEREAS, in the matter of proper development of the Dow Chemical Co. property
located at Pacific Coast Hi8hway and the San Gabriel River in the City of Seal
Beach, the Planning Commission of the City of Seal Beach does report as follows:
1. By Resolution No. 380 the Planning Commission did approve rezoning of said
property from M-2, Heavy Nanufacturing to R-4, High Rise l1ultiple Residential
Zone, and said rezoning was subsequently adopted by the Seal Beach City
Council by Ordinance No. 798.
2. By Resolution No. 385 the Planning Commission of the City of Seal Beach did
approve Precise Plan No. PP-1-69 which provides the precise controls for
proposed development of the property by the R & B Development Company and
said Precise Plan No. PP-1-69 was subsequently adopted by the City Council
of the City of Seal Beach by Ordinance No. 802.
3. A letter of request for reconsideration of said approved 'development was
submitted by Miss Julie A. Dorr to the City Council on March 2, 1970. The
City Council forwarded said letter to the Planning Commission for its
consideration.
eIDIEREAS, the Planning Commissi.on findin~s are as follows:
1. Actions taken by the Planning Commission and City Council, as stated above,
were in conformance with law and the provisions of the Seal Beach General
Plan.
2. Staff has prepared a report in response to the statements and questions raised
in Miss Dorr's letter. Said staff report is hereby included in its entirety.
City Council referred to Planning Commission Julie Dorr's letter of March 2,
1970. Staff comments on Miss Dorr's letter are as follows:
Miss Dorr opens by labeling the R & B apartment development as "significantly
substandard." This is exactly the reverse of the actual situation. The project
is in an area of the community which is primarily developed with 75% lot
coverage on extremely small lots. Thi~ proposal consists of an excellently
conceived complex.of.multiple residential units, community recreation and
living facilities aqdropen.space. Land coverage by buildings is only 26%, meaning
that there is more open space provided than for any other neighborhood in the
City. This is very good environmental planning. Parking is provided aL a
1.5/1 ratio as requried by Code, whereas studies of similar projects presently
operated by R & B indicate a range of auto population ratos of 1.3/1 to 1.4/1.
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Resolution No. 416 "' _
Therefore, it can be expected that this development will have more than
adequate parking on-site. All of the parking areas are thoroughly landscaped
and are designed to be as innocuous as poss1ble. The question of acceptance
of reduced size apartment units is discussed in the points which follow.
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1. "Discredit to the community in offering a land developer building
code variances no individual, non-corporate builder would be
granted;"
No variances to the building code have been allowed. It is presumed that
Miss Dorr is referring to variances to the City's Zoning Ordinance. As you
know, the Planning Commission considers each variance request on its own merits
regardless of the size of the proposal or the nature of the applicant. However,
large scale projects, such as proposed on the Dow property, are usually
presented to the City by means of a Precise Plan or a Planned Development.
Such proposals must be cons1dered in their entirety, including any variances
from the zoning ordinance which ~he Commission considers reasonable in order
to achieve an acceptable total project. Many cities in California and
across the nation now include Precise Plan or Planned Development provisions
in their zoning ordinances 1n order to provide for reasonable flexibility
in creating large scale projects. Obviously it is less possible to apply
such provisions to small parcel developments of limited scale. It should
be noted that in Resolution NO. 385 the Planning COlrnnission's findings
concerning this project included the follmling:
"The proposed development is in basic conformance with the General Plan and
the Redevelopment Plan.
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"The proposed development will not be detrimental to the character of the zone
and neighborhood and will enhance property values.
Hecause of size and scope of the proposed development many of the requirements
of the zoni.ng ordinance are not strictly or logically applicable."
The primary zoning ordinance variances included in approval of the Precise
Plan were reduced size apartment units. uncovered parklgg spaces, and reduced
width of a portion of the parkipg spaces. Finqings No. 5(j) states the
Commission's consideration in regard to approval CD the reduced size apartment
units:
"The zoning code requires a minimum of 700 square feet of floor area per
dwelling unit in the R-4 Zone. Subject application proposes a range of
apartment sizes, with the smallest (bachelor unit) being 405 square feet.
The average size for all hallways, stairs, etc. included, the average is 912
square feet per unit. In addition a large amoupt of planned recreation areas
is planned on-site outdoors. Due to the scope and overall planned nature of
this project and the large amount of common area.'facilities and amenities
provided, the apartment unit sizes are acceptable-as submitted."
Findings No. 5(1) indicates your consideration concerning uncovered ~parking:
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"The zoning code requires all residential zone parkiI.lg to be in a garage or
carport. The Redevelopment Plan requires-.l:l covered parking. The proposal
requests approval of open parking, except for 32 spaces in the lower level
of the parking structure. Applicant indicates that it is not possible to
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ResolutIon No. 416 - ~
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place structures (carports) along the northwesterly side of the parcel, adjacent
to the river, since title company will not insure such structures on the Long
Beach side of the city line until title is cleared. Applicant also states
that experience indicates the advisability of providing open parking for such
large projects in order to enhance security and aesthetics. For the reasons
above stated and the fact that this is a unique parcel due to the city line
which crosses the property, the proposal for open parking is acceptable, subject
to future review by the Planning Commission and the Redevelopment Agency when
title is cleared (see conditions of approval below.)"
Condition No. 5 indIcates that uncovered parking is allowed on a conditional
basis, subject to further review when title is cleared on the portion of the
property adjacent to the river:
"Uncovered parking is allowed on-site until such time that title is cleared
thus allowing construction of shelters on the Long Beach side of the city
boundary line. At said time the Planning Commission and Redevelopment Agency
of the City of Seal Beach shall review the total development for reconsideration
of the need for covered parking. Should SUcll need for covered parking be
found to be unnecessary, no further action shall be required by the developer.
Should it be determined that such covered parking is necessary then developer
shall'proceed to construct approved parking shelters within a perIod of six months
from date of said determination. These shelters shall be at the ratio of 1:1
and shall be located at such spaces on site as are d~termined acceptable."
Finding No. 5(m) indicates your consideration concerning a portion of the
parking spaces to be allowed to be reduced in width:
"The zoning code requires 9 foot by 20 foot parking spaces with adequate
access. Policy has been for adequate access to be determined as 24 foot wide
drives for 900 parking. Redevelopment Plan calls for 190 square feet of
parking space per auto. Subject proposal is for 24 foot wide aisles, all
spaces to be 20 foot deep (including 2 foot overhang over curbs), 75% of
spaces to be 8'6" wide (for standard cars) and 25% of spaces to be 7'9" wide
(for compacts and sports cars). Based upon applicant experience and
investigation by staff this is detelmined to be acceptable criteria for
par,king and access drives."
All other variances were of a minor technical nature and were considered
reasonable in relation to the total project design.
2. "Such crowding as is proposed is unhealthy for both dwellers and the
community;"
This statement is not valid in that the project is neither crowded nor
unhealthy. Commissioners and Councilmen have had opportunity to personally
visit other developments of similar design which have been constructed and
operated by R & B. In contrast to existing residential development in the
older part of our City, this proposal includes a large amount of landscaped
open space and many community recreation facilities. As mentioned earlier,
the total land coverage by buildings is only 26%, as cOl:lpared to new apartments
in nearby areas which cover 75% of their small lots. The excellent community
~acilities include such health-maintaining features as men's and women's
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exercise rooms, sauna~lirlpoo]
large swimming pool. ,..,
baths. tennis and V01_:lll
courts and n
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3. "Added automobile traffic and general noise pollution will be diffuscd
to the community at large by such crowding;"
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This facility is located to provide controlled vehicular access only onto
arterial streets intended to serve the total community. No traffic will be
generated into other residential areas. The ncarest residential area is
Bridgeport, which is separated from the proposed First Strpet arterial road
by a wall, a small park (Schooner Park) and future landscaping which will bc
installed along the street. The on-site front parking area of R [. B is
separated from the nearest residence in Bridgeport by at lcast 180 fcpt, with
several bands of landscaping to be included in this distance.
4. "Negotiations as described at the City Counc:i,l meeting of February 16,
1970, pertaining to a share-cost burden betwcen the taxpayers of this
community and R [. B for a needed access road to that company's land
development is unfavorable to the community at large;"
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This is ~ primarily an access road for R [. B. First Street is to be
construction as an arterial street in conformance with the master plan of
arterial streets and highways. It will serve residents of this City and
visitors as a direct access to the beach and ocean front recreational areas,
which are regional in their significance. The construction of such arterial
streets is paid by State gasoline taxes and by County Arterial Highways Funds,
which are both derived from road users. The frontage improvements such as
curbs, gutters, sidewalks, landscaping, etc. will be paid for by R & B. This
is not unfavorable to the community at large, as it will provide needed
arterial circulation in the same manner as Seal Bcach Boulevard and \,estminster
Avenue, which were built with highway users funds such as this. Ultimately
this strcet will connect from Ocean Avenue to Westminster Avenue and the
future Coastal Freeway near Westminster Avenue.
5. "The agreement entered into with R & B Development Corporation by this
City in its entirety and most particularly in regard to building code
variations granted, seems to raise a question of ethics if not legality."
The agreement between the City and R & B is both legal and ethical, and does
not.allow variations from building codes. Variances from the ~oninr. ordinance
for such a master-planned complex, were considered reasonable in the judgment
of the Planning Commission and City Council as stated above.
Concerning Miss Dorr's final statement about public notice, it should be
stated that this project received more publicity than most, not only by lcgal
public notice, but also by stories in the newspapers.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Seal
Beach does adopt Findings No. 1 and 2 (including all points of the Staff Rcport)
as its position in this matter and does hereby reaffirm its approval of development
of the Dow Chemical Company property by the R & B Development Company under tcrms
and conditions of Planning Commission Resolution No. 385 and City Council Ordinance
No. 802 (Precise Plan No. PP-1-69).
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..."",,,"D ch:1s 'day of April, 1970.
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~airman of the Planning Commission
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I hereby certify that the foregoing resolution was duly adopted at a regular
meeting of the Planning Commission of the City of Seal Beach which "as held on
Wednesday, April I, 1970, and carried by the following vote:
AYES:
NOES:
ABSENT:
Commissioners:
Commissioners:
Commissioners:
Barton, Crowley, Knapp, Lanning, Morris
None
None
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etary of the Plannfn Commission
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