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HomeMy WebLinkAboutPC Res 93-35 - 1993-07-07 . . ,f' , RESOLUTION NUMBER 93-35 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ZONE CHANGE 93-1, CHANGING THE ZONING OF 16 MARINA DRIVE FROM COMMERCIAL PARK (C-P) TO SERVICE COMMERCIAL (C-1), ON THE SOUTH SIDE OF MARINA DRIVE, BETWEEN THE SAN GABRIEL RIVER AND FIRST STREET THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, cIty staff has been contacted as to the zomng classIficatIOn and types of permItted uses on the subject property. At thIS tune there IS an uncertamty as to the proper zonmg classIfication of the property, and the subject property IS descnbed as Assessors Parcel 043-172-07, and the SIte IS located along the south SIde of Manna Dnve, ImmedIately east of the San Gabnel RIver Channel The SIte IS trIangular m shape, havmg approXImately 172 feet of frontage on Manna Dnve, bemg approxImately 317 feet deep along the San Gabnel RIver, and approxImately 287 feet deep adjacent to the Department of Water and Power (DWP) property. The sIte compnses approxImately 24,500 square feet, and buIldmg PermIt records mdlcate the subject property, currently the SIte of Boatswam's Locker whIch has been utilIzed for commercIal/resIdential purposes for over fIfteen (IS) years, and the zonmg map mdlcates the subject area of the DWP sIte and the subject property to be zoned "C-P", CommercIal Park, and thIS zomng was put m place to effectuate the proVISIons of the "DWP SpeCIfic Plan", whIch was adopted by the CIty CounCIl on November 22, 1982; and at the time of adoptIon of the SpecIfic Plan, the CIty CounCIl excluded the subject property from the SpecIfic Plan provIsIons However, the proVISIOns of the C-P zone stIpulate that".. 70% of any parcel within thl~ zone shall be devoted to park use~ with unre~tncted access to the public."; and m revlewmg the proVISIons of the DWP SpecIfic Plan, It appears that the 70% park prOVISIon was dIrected at the DWP Property only. ThIS section state~ "4 Open space ~hall be located on the southerly 70% of the DWP Mte ", and <- IWP'il\RI~O\ZC91-1 PCRILWl1I4-22-91 . o .. of WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, Planning ConU1u",on Resoluhon No 93-35 Zone Change 93-1 It IS the posItion of staff that the mtent of the 70% open space reqUIrement as stated m the C-P zone, should only apply to the DWP Property, as clearly mdlcated m the above referenced sectIOn of the DWP Specific Plan, and ~taff has prevlOu~ly presented thIS matter to the Planmng CommissIOn and the CIty CouncIl to seek clanficatlon, and received direction to mstltute thIS zone change request, and staff has determmed the requested zone change IS categoncally exempt pursuant to Section 15305 of the CEQA GUIdelInes, and IS m accordance wIth the prevIously approved NegatIve DeclaratIOn prepared for the "Department of Water SpecIfic Plan", as reqUIred by the CalIforma EnVIronmental QualIty Act (CEQA), and a duly noticed publIc heaong was held on May 5, 1993 to conSIder Zone Change 93-1, and the SaId CommIssIon held saId aforementioned Pubhc Heanng; and at saId publIc heanng there were oral and wntten testimony and eVidence receIved by the Planmng CommIssIon, and the Planmng CommIssIon makes the followmg findmgs I The proposed Zone Change wIll prOVIde a clear statement as to the appropnate zomng for the subject property 2 ThIS proposal WIll result m the removal of an ambIgUIty wlthm the Code of the CIty of Seal Beach regardmg the approprIate zomng desIgnatIon and the applIcatIon of proVISIOns of the CommercIal Park (C-P) zone to the subject property. 3 ThIS proposal WIll result m c1anficatlOn of a cIty approved SpecIfic Plan whIch was adopted on November 22, 1982 4 ThIS proposal WIll encourage the future Implementation of the Department of Water and Power SpecIfic Plan. NOW, THEREFORE BE IT RESOLVED that the Planmng CommIssIon of the CIty of Seal Beach does hereby recommend approval of Zone Change 93-1 to the CIty Council, as mdlcated below I) Change zomng deSIgnation of 16 Manna Dnve (Assessors Parcel 043-172-07) from "CommercIal Park" (C-P) to "ServIce CommercIal" (C-I) PASSED, APPROVED AND ADOPTED by the PlannIng CommIssion of the CIty of Seal Beach at a meetmg thereof held on the 7 th day of July ,1993, by the followmg vote <- IWP'iIlRE.!o0IZC91-1 P<.RILWllI4-22-91 2 , ;. I'" .I Planning Con",U.\lOn R..olllhOn No 93-35 Zone Change 93-1 A YES CommISSIOners Shall'_ Law. Dahlman. FIfe. Soukup NOES CommIssioners ABSENT. CommIssIOners ABSTAIN: CommissIoners c \Wrlj:J\RP.Ml\l.(..91-1 1"<. R\I W\1I4-22-91 3