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Home My WebLink AboutPC Res 94-25 - 1994-07-06 RESOLUTION NO 94-25 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING ZONE CHANGE 94-2, CHANGING THE ZONING OF NINE (9) LOTS FROM RESIDENTIAL MEDIUM DENSITY (RMD) AND THREE (3) LOTS FROM GENERAL COMMERCIAL (C-2) TO LIMITED COMMERCIAL (L-C) AT 1600 PACIFIC COAST HIGHW A Y(MITCHELL LAND AND IMPROVEMENT CO ) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE Section 1 On March 16, 1994, Dave Bartlett submitted an applicatIOn on behalf of Mitchell 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 Servtces 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 Fmally, the applicant IS proposmg to construct a covered roof access structure (CRAS) on both of the proposed reSIdences SectIOn 2 Pursuant to 14 Calif Code of Regs ~ 15025(a) and qq II C and 1Il of the CIty'S Local CEQA GUIdelines, staff prepared an Imtlal Study and a NegatIve DeclaratIOn, whIch were cITculated for public reVIew and comment from June I, 1994 to June 22, 1994, m compliance WIth the proVISIons of the Callforma EnVironmental Quality Act and the City's Local CEQA GUIdelines SectIon 3 A duly noticed public heaTing was held before the Planmng ComnusslOn on June 22, 1994 to consider the applicatIon At the public heaTing, the applicant and 2 people spoke m favor of the request and no persons spoke 10 oppOSItion SectIOn 4 The record of the heaTing mdlcates the followmg (a) On March 16, 1994 Dave Bartlett subnutted an applicatIOn on behalf of MItchell 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 vaTlance and a heIght VaTlatlon on the subject property (b) The applicant IS requestmg to change the zonmg and General Plan deSIgnatIon of the eXlstmg commercIally zoned properties from General CommercIal (C-2) to Llnuted Commercial (L-C) and ofmne (9) of the reSidentially zoned properties to L-C zonmg The appltcant IS proposmg a vanance from Side yard setback reqUIrements on the two (2) resIdential lots to allow a zero lot Ime development Fmally, the applIcant IS proposmg to construct a covered roof access structure (CRAS) on both of the proposed reSIdences ( c) The subJect property IS legally descTlbed as Parcel A, conslstmg of Lots 30, 32,34 and 36, m Block 217 of Tract 10, "AnaheIm 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, m the Office of the County RecOl der of SaId County r-I IZT A\f!Zc:.., BCD.. Planning CO/mmsslOn ResolutIOn No 94-25 Julv 6, 199-1 Parcel B, conslstmg of Lots 27,29,31,33 and 35, 10 Block 216 of Tract 10, "Anaheim Bay Tract", 10 the CIty of Seal Beach, County of Orange, State of California, as per map recorded 10 Book 9, Page 10 of MIscellaneous Map, 10 the Office of the County Recorder ofSatd County Parcel C, consisting of Lots 28,30,32,34 and 36,10 Block 217 of Tract 10, "Anal1elm Bay Tract", 10 the City of Seal Beach, County of Orange, State of Call forma, as per map recorded In Book 9, Page 10 of Miscellaneous Map, m 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 rema1010g eleven (II) lots are zoned RMD (e) The subJect property IS located on the southerly SIde of Pacific Coast Highway between 16th Street and Seal Beach Boulevard (f) The surrounding land uses and zomng are as follows NORTH Across PacIfic Coast HIghway are single family residences located wlthm the "Cove" area of Manna Hili located 10 the ResIdential Low DenSity zone (RLD) SOUTH A mixture of Single famIly and multt family dwellings located 10 the ReSIdential MedIUm DenSIty zone (RMD) EAST & WEST A mixture of commercial uses located along Pacific Coast Htghway and Seal Beach Boulevard 10 the General CommercIal zone (C-2) (g) Bulldmg Pernut records 10dlcate 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 bulldmg was demolished (h) In 1991 the City conSidered and approved Zone Change 1-91, Vanance 4-91, General Plan Amendments I A-91 and I B-91 for the subJect property The applicant, James R Watson, was proposing the constructIOn of three (3) small detached commercIal bulldmgs and eleven (II) s10gle family dwellings Thts proJect was never constructed (I) Leakmg underground storage tanks were removed from the property at 1550 Pacific Coast Htghway (Stegen's Garage) 10 1990 These tanks were approxImately 30 feet from the subject property Soli contanunatlon at the locatIon of the tanks and anttclpated groundwater contammatlon has been documented by State offiCIals u) The proposed zone change IS enclosed as "Attachment A" (k) The CIty has adopted Negative Declaratton 94-4, through the adoptIOn of Resolutton No 94-22, whIch IS mcorporated herem by reference Said Negative DeclaratIOn represents the Independent Judgment of the CIty of Seal Beach SectIOn 5 Based upon the eVidence 10 the record, 10cludlng the facts stated 10 ~ 4 of thiS resolutIOn, and 10 the enVIronmental documentatton prepared In conJunctton WIth thiS proJect, and pursuant to q~ 28-2600 and 28-2602 of the City's Code, the Planmng CommisSIon hereby finds as follows (a) Zone Change 94-2 IS consistent With the provISIons of the Land Use Element of the CIty's General Plan, as amended through General Plan Amendments 94-2A and Page 2 ~I IZTAIflZC...., liCe'- Planning COIlIIlIISSlOn ResolutlOlI No 94-25 July 6, 199./ 94-2B, whtch provides "general commercIal" and "medlUm densIty reSIdential" designatIOns for the subject properties and permIts commercial office and retail uses on the commercIal propertIes and single fanuly residential uses on the residential propertIes The use IS also consistent WIth the remalmng elements of the CIty's General Plan as the poliCIes ofthose elements are consistent with, and reflected 10, the Land Use Element Accordingly, the proposed use IS consIstent with the General Plan (b) Zone Change 94-2 WIll reduce the future intensIty of commercIal development along thIS portIOn ofPactfic Coast Htghway through the change In deSignatIOn from the most Intense "General Commercial" to tile least Intense "LImited CommercIal" SectIOn 6 Based on the foregOing, the Planmng ComnusslOn hereby recommends approval of Zone Change 94-2 to the City Councd, subJect to the follOWIng conditions Zone Change 94-2 IS hereby approved changtng the zomng ofmne (9) lots from ResIdential MedlUm DenSIty (RMD) and three (3) lots from General CommercIal (C-2) to Llnuted CommeTCIal (L-C) as exhibited 10 "ExhIbIt A" 2 Pnor to the Issuance of any bUilding permits for development on the subJect property, the appbcant shall conduct a nOIse analYSIS for each of the proposed residential lots usmg appropriate modeling techmques to sImulate nOIse dampemng which will occur as a result of walls, the proposed new commercial constructIOn, dual glazed Windows, etc No budding permits WIll be Issued for any reSIdential structure until the nOIse analysIs mdlcates the proposed structure WIll meet the nOIse reqUirements of the Code of the City of Seal Beach 3 The applicant shall draft a reciprocal parking agreement for the three (3) commercial bUildings and shall prOVide satd agreement to the City for review and approval pnor to Buddmg PermIt Issuance 4 An eIght (8') foot block wall shall be Installed between the commercIal properties and the adJacent reSidences 5 All utilities to the commeTCIal propertIes shall be located underground along the entn e length ofthe proJect The reSIdential properties may continue to be serviced overhead untd such time as the remamder of the propertIes located along the 16th Street and 17th Street alleys are placed underground 6 The applicants shall meet all addItional condItions placed upon the proposed use dunng the plan check process by any sanctlOmng body including, but not limIted to, the City's BUlldmg and Englneenng Departments, the Orange County FIre Department, the Callfomta Coastal CommIssIon and CAL TRANS 7 A trash enclosure matchmg the adJacent eight (8) foot block wall shall be mstalled off of the alley at each of the three (3) commercial lots as mdlcated on the site plan 8 All light and glare shall be mamtalned on the subJect properties In conJunction WIth budding plan check, the applicant shall prepare and submIt a comprehenSive lighting plan for the property In a form acceptable to the DIrector of Development SeMces 9 Pnor to the Issuance of any bUlldmg pel mlts for development on the subJect property, the applicant shall receive necessary clearances from all applicable state and local agencIes Indlcatmg the site IS free from soli/groundwater contaminatIOn to a level acceptable to saId agencies lOA final landscape plan shall be deSIgned and submitted to the Department of Development SeMces for reVIew and approval pnor to Issuance of a building permit Page 3 1=1 IZTAIRZC." 8CC~ Planning COIlIIlIlSSlon Re^olutlOn No 9-1-25 July 6, 199-l SaId landscape plan WIll IdentIfY the followmg a Plant types, SIzes, locatIOn and Irngatlon proposed Native, drought tolerant specIes are encouraged b Percentage of landscaped area for each of the three commercIal bulldmgs SaId landscaped area shall not be less than 10% for any ofthe commercla!!ots c The proposed locatIOn of all street trees reqUIred by the CIty SaId location and types of trees to be reviewed and approved by the City Engmeer d AlllrngatlOn shall comply With the proVIsIons of the State model water effiCIent landscape ordinance II The applicant shall mstall a fire hydrant at the southeasterly corner of Pacific Coast HIghway and 17th Street The exact locatIOn to be provided by the City's Engmeermg Department SaId fee shall be paId pnor to Issuance ofa CertIficate of Occupancy for any new structure on the subject propertIes 12 The applicant shall pay the CIty a fee of $1 0,000 per umt ($20,000 total) to offset Impacts on the CIty's parks and recreatIOn facilities caused by the addition of two (2) new residentIal dwelling umts to the City's housmg stock SaId fee shall be paId pnor Issuance of bUIld 109 permits for either ofthe resIdential propertIes 13 The applicant remains bound by all condItions of approval of Height Vanatlon 94-4 14 All constructIOn shall be m substantIal compliance With the plans approved through Zone Change 94-2 15 The applicant shall dedIcate to the CIty of all development nghts With respect to the southerly three (3') feet of the commercIal propertIes, provIded however, that If the two (2) resIdentIal properties whtch abut that southerly three (3') foot area are developed WIth permanent resIdential structures set back from the property line between the commercial and reSIdential lots, by three (3') feet, or such greater dIstance as IS then reqUIred by the CIty Code, thIS dedicatIOn shall be VOId 16 The most northwesterly located ground water momtonng well shall be malntamed until such time as It IS determmed unnecessary by the Orange County Department of EnVironmental Health 17 Thts Zone Change shall not become effective for any purpose unless an "Acceptance of Conditions" form has been slgtled by the applicant m the presence of the Director of Development ServIces, or notanzed and returned to the Planmng Department, and until the ten (10) day appeal penod has elapsed PASSED, APPROVED AND ADOPTED by the Planmng ConumsslOn of the CIty of Seal Beach at a meetmg thereof held on the 6th day of July, 1994, by the followmg vote A YES CommIssioners CampbelL Dahlman. Law NOES CommIssioners ABSTAIN CommIssIoners Brown. Sharp Page 4 1=1 IZTA\PZc.,., BC.C~ e Whtttenl:)erg, Secretary Planning Commission 1=1 IZTAIr'Zc.., !lCC~ Page 5 Planmng Comm".lOn Re.olutlOn No 94-25 Julv 6, J 994 ~d.:~ Anton Dahlman, Chlllrman Planmng CommIssion