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Home My WebLink AboutPC Res 94-26 - 1994-06-22 RESOLUTION NO 94-26 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING HEIGHT VARIATION 94-4, PERMITTING THE CONSTRUCTION OF TWO (2) COVERED ROOF ACCESS STRUCTURES IN CONJUNCTION WITH THE CONSTRUCTION OF SINGLE FAMILY DWELLINGS AT 237 17TH STREET AND 328 16TH STREET, SEAL BEACH THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE SectIon 1 On March 16, 1994, Dave Bartlett subnutted an application on behalf of Mttchell Land and Improvement Company ("The Applicant") for General Plan Amendments 94-2 (A&B), Zone Change 94-2, Vanance 94-3 and HeIght VanatlOn 94-4 WIth the Department of Development Services The applicant sought to change the zomng and General Plan deSignation of the eXIsting commerCIally zoned properties from General Commercial (C-2) to Limited CommercIal (L-C) and ofmne (9) of the reSIdentially zoned properties to L-C zomng The applicant IS proposmg a vanance from SIde yard setback reqUirements on the two (2) residential lots to allow a zero lot line development Finally, the applicant IS proposing to construct a covered roof access structure (CRAS) on both of the proposed reSIdences SectIOn 2 Pursuant to 14 Calif Code of Regs ~ 1502S(a) and ~ 11 A of the City'S Local CEQA GUidelines, staff has determined as follows The application for HeIght Vanatlon No 94-4 IS categoncally exempt from review pursuant to the Callforma EnVIronmental Quality Act pursuant to 14 Calif Code of Regs ~ IS303(a) (New Construction of Small Structures), because the applicatIOn IS for the constructIOn of three (3) or less Single fanuly dwellings In an urbamzed area, ~ IS305 (MInor Alterations In Land Use Limitations) because the request IS for a nunor alteratIon In land use limitatIOns In an area With an average slope ofless than 20% and no changes 10 land use or denSIty are mvolved, and, pursuant to ~ IS061(b)(3), because It can be seen WIth certainty that there IS no pOSSibilIty that the approval may have a slgmficant effect on the environment SectIon 3 A duly notIced public heanng was held before the Planmng CommISSIon on June 22, 1994 to conSIder HeIght Vanatlon 94-4 At the public heanng, the apphcant and 2 people spoke In favor of the request and no persons spoke In opposition SectIOn 4 The record of the heanng mdlcates the follOWing (a) On March 16, 1994 Dave Bartlett submItted an application on behalf of Mttchell Land and Improvement Company for a General Plan Amendment and Zone Change at 1600 PaCific Coast HIghway, Seal Beach With the Department of Development Services On May 25, 1994 the applicant submitted applications for a vanance and a height vanatlOn on the subject property (b) The applicant IS requestmg to change the zoning and General Plan deSignation of the eXIsting commerCIally zoned properties from General Commercial (C-2) to LImited Commercial (L-C) and ofmne (9) of the reSidentially zoned propertIes to L-C zomng The applicant IS proposmg a vanance from SIde yard setback reqUirements on the two (2) reSidential lots to allow a zero lot line development Finally, the applicant IS proposing to construct a covered roof access structure (CRAS) on both of the proposed reSIdences ( c) The subject property IS legally descnbed as 1=\ \WWl~... ace '- Planning COImmmon Re.o/u/lOn ~'o 94-26 Julv 6, 1994 Parcel A, conslst1Og of Lots 30,32,34 and 36,10 Block 217 of Tract 10, "Anaheim Bay Tract", 10 the City of Seal Beach, County of Orange, State of California, as per map recorded In Book 9, Page 10 of Miscellaneous Map, 10 the Office of the County Recorder of Satd County Parcel B, consisting of Lots 27,29,31,33 and 35, 10 Block 216 of Tract 10, "Anal1elm Bay Tract", In the CIty of Seal Beach, County of Orange, State of Call forma, as per map recorded In Book 9, Page 10 of MIscellaneous Map, In the Office of the County Recorder of SaId County Parcel C, consisting of Lots 28, 30, 32,34 and 36, In Block 217 of Tract 10, "AnaheIm Bay Tract", In the City of Seal Beach, County of Orange, State of CalifornIa, as per map recorded In Book 9, Page 10 of Miscellaneous Map, In the Office of the County Recorder of SaId County (d) The subJect property IS compnsed offourteen (14) lots, each measunng 25' x 100' Presently, three (3) of the lots are zoned C-2 and the remammg eleven (II) lots are zoned RMD (e) The subJect property IS located on the southerly side of Pacdic Coast Highway between 16th Street and Seal Beach Boulevard (f) The surroundmg land uses and zomng are as follows NORTH Across PaCIfic Coast Htghway are Single family reSIdences located wlth10 the "Cove" area of Manna Hill located 10 the ReSIdential Low DenSIty zone (RLD) SOUTH A tnIxture of smgle family and multI family dwellings located 10 the ReSidentIal MedIUm DenSity zone (RMD) EAST & WEST A mixture of commercial uses located along PaCific Coast HIghway and Seal Beach Boulevard In the General Commercial zone (C-2) (g) Building PermIt records indIcate the subJect property, formerly the sIte of the Rum Runners restaurant and pnor to that the Ranch House cafe, had been utIlIzed for restaurant purposes for over 43 years until early 1992 when the restaurant building was demolished (h) In 1991 the City conSidered and approved Zone Change 1-91, Vanance 4-91, General Plan Amendments 1 A-91 and I B-91 for the subJect property The applicant, James R Watson, was proposmg the construction ofthree (3) small detached commercial bUildings and eleven (11) Single family dwellings ThiS project was never constructed (I) Leaking underground storage tanks were removed from the property at 1550 PaCific Coast Highway (Stegen's Garage) 10 1990 These tanks were approxImately 30 feet from the subJect property Soli contamination at the locatIOn of the tanks and anticIpated groundwater contaminatIOn has been documented by State offiCIals (J) The proposed zone change IS enclosed as "Attachment A" (k) Staff has prepared an Imtlal environmental assessment and proposed NegatIve Declaration as reqUIred by the Callforma EnVIronmental Quality Act (CEQA) for the proposed General Plan Amendments and Zone Change Staff receIved comments back from two agencies The City of Los Alamltos and the Southern Callfornta Gas Company both expressed no concern With the proposal Page 2 r-\ \l-fv\[)Q411 BCCI-. PlannlnK COllulIlsslOn ResolutIOn No 9./-26 July 6, 199./ Section 5 Based upon the eVidence In the record, mcludlng the facts stated 10 ~ 4 of thts resolutIOn, and 10 the enVIronmental documentatIOn prepared In conjunctIOn WIth thIs proJect, and pursuant to ~ 28-2317(4) of the City's Code, the Planmng CommisSion hereby finds as follows (a) Zone Change 94-2, Vanance 93-3 and HeIght Variation 94-4 are consistent WIth the proVIsIons of the Land Use Element of the CIty'S General Plan, as amended through General Plan Amendments 94-2A and 94-2B, whtch provides "general commercial" and "medIUm denSIty resIdential" deSIgnations for the subJect propertIes and permIts commercIal office and retaIl uses on the commercial propertIes and smgle famtly residential uses on the residential properties The use IS also consIstent WIth the rema1010g elements of the City's General Plan as the policIes of those elements are consIstent With, and reflected In, the Land Use Element Accordmgly, the proposed use IS consIstent With the General Plan (b) The proposed CRASs are archItecturally In keep10g WIth the remainder of the proposed resIdences, WIth the sIding, roofing and pitch match10g those of the rema10der of the structures (c) The proposed CRASs are 10 keeping With the character and 10tegnty of the surrounding neIghborhood where a number ofslmtlar structures are located wlthm the Immediate vlclmty (d) No habItable hv10g space IS proVIded WIthin the CRAS structure; (e) Due to the relatively flat terram 10 the vlclmty of the proposed CRAS structures, they do not slgmficantly Impair the pnmary view of any property located wlthm 300 feet of the subJect property Section 6 Based on the forego1Og, the Planmng CommissIon hereby approves HeIght VanatlOn 94-4, subJect to the follow1Og condItIons 1 Height VanatlOn 94-4 IS approved for the constructIOn of covered roof access structures (CRAS) 10 excess of the height IInut In conJunctIOn With the constructIOn of s10gle famtly dwellings at 327 17th Street and 328 16th Street, Seal Beach 2 All constructIOn shall be 10 substantial comphance With the plans approved through HV 94-4 3 There shall be no habItable space pernutted Wlthm the covered roof access structure 4 The applicant remams bound by all conditions of approval of Zone Change 94-2 5 Thts HeIght VanatlOn shall not become effectIve for any purpose unless an "Acceptance of Conditions" form has been SIgned by the applicant 10 the presence of the DIrector of Development Services, or notarized and returned to the Planmng Department, and unttl the ten (10) day appeal penod has elapsed PASSED, APPROVED AND ADOPTED by the Planmng CommIssIon of the CIty of Seal Beach at a meet10g thereof held on the 22nd day of June, 1994, by the follOWing vote A YES Commissioners CamobelL Dahlman. Law NOES Comnussloners ABSENT CommIsSioners Brown. ShaTD Page 3 1=\ \I-I\ARQ..... ace I...:. .\ .A 1=\ \uW1Q1,j" Beck / Page 4 PlannlnK C0I11InI.slOn ResolutIOn No 9./.26 July 6, J 99./ ~.d/L- Anton Dahlman, Ch31rman Planning ComnusslOn