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Home My WebLink AboutPC Res 94-23 - 1994-07-06 \ .' . RESOLUTION NO 94-23 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH RECOMMENDING TO THE CITY COUNCIL APPROVAL OF GENERAL PLAN AMENDMENT 94-2A, AMENDING THE SUMMARY TABLE OF EXISTING AND PROPOSED LAND USES IN ACRES OF THE LAND USE ELEMENT TO DEPICT THE INCREASE OF APPROXIMA TEL Y 0 67 ACRES OF LIMITED COMMERCIAL LAND AND A DECREASE OF 0 50 ACRES OF MEDIUM DENSITY RESIDENTIAL LAND AND 0 17 ACRES OF GENERAL COMMERCIAL LAND WITHIN THE CITY THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE Sectton 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 zoning and General Plan deSIgnation of the eXisting commerCially zoned properttes from General CommeTCIal (C-2) to Llnuted CommerCial (L-C) and ofmne (9) of the reSidentIally zoned propertIes to L-C zomng The applicant IS proposing a vanance from Side yard setback requirements on the two (2) reSIdential lots to allow a zero lot line development F1Oally, the applicant IS propos1Og 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 9~ II C and 1Il of the Cltys Local CEQA GUidelines, staff prepared an 1mttal Study and a Negattve DeclaratIOn, whIch were Circulated for public reVIew and comment from June I, 1994 to June 22, 1994, In compliance WIth the prOVIsions of the Callforma EnVironmental Quality Act and the Cltys Local CEQA GUidelines Sectton 3 A duly noticed public heanng was held before the Planmng CommissIOn on June 22, 1994 to conSider the applicatIOn At the public heanng, the applicant and 2 people spoke In favor of the request and no persons spoke 10 opposltton SectIOn 4 The record of the heanng 10dlcates the follOWing (a) On March 16, 1994 Dave Bartlett submitted 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 SeMces On May 25, 1994 the applicant subnutted applications for a variance and a height vanatlOn on the subJect property (b) The applicant IS requesting to change the zomng and General Plan deSignatIOn of the eXisting commerCially zoned propertIes from General CommerCial (C-2) to LImIted CommeTCIal (L-C) and ofmne (9) of the reSIdentIally zoned propertIes to L-C zomng The applicant IS proposing a vanance from SIde yard setback reqUirements on the two (2) residential lots to allow a zero lot line development F1Oally, the applicant IS propos1Og to construct a covered roof access structure (CRAS) on both of the proposed reSIdences (c) The subJect property IS legally deSCribed as 1 \voll\cds\c;,pa . \ . Planmng COIlUlllsslon ResolutIOn No 9~-21 July 6 199~ Parcel A, consIsting of Lots 30,32,34 and 36, m Block 217 of Tract 10, Anaheim Bay Tract, m the CIty of Seal Beach, County of Orange, State of Call forma, as per map recorded In Book 9, Page 10 ofMtscellaneous Map, In the Office of the County Recorder of SaId County Parcel B, conslstmg of Lots 27,29,31,33 and 35, In Block 216 of Tract 10, AnaheIm Bay Tract, m the City of Seal Beach, County of Orange, State of California, as per map recorded m 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, m the City of Seal Beach, County of Orange, State of Calif om la, as per map recorded m Book 9, Page 10 of MIscellaneous Map, m the Office of the County Recorder ofSwd 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 PaCific Coast HIghway between 16th Street and Seal Beach Boulevard (f) The surroundmg land uses and zorung are as follows NORTH Across PaCific Coast Highway are single fanuly reSidences located within the Cove area of Manna Htlllocated In the ReSidential Low DenSity zone (RLD) SOUTH A mIxture of single famdy and multI fanuly dwelhngs located m 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) Buddmg Permit records mdlcate the subJect property, formerly the sIte of the Rum Runners restaurant and pnor to that the Ranch House cafe, had been utilized fOl restaurant purposes for over 43 years untd 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 1 A-91 and I B-91 for the subJect property The applicant, James R Watson, was proposmg the construction of three (3) small detached commercIal bUlldmgs and eleven (11) smgle famIly dwellings ThiS proJect was never constructed (I) Leaktng underground storage tanks were removed from the property at 1550 PaCific Coast HIghway (Stegen's Garage) m 1990 These tanks were approximately 30 feet from the subJect property Sod contamination at the location of the tanks and anticipated groundwater contammatlon has been documented by State offiCials (J) The proposed zone change IS enclosed as Attachment A and Incorporated heretn by reference (k) The City has adopted Negative Declaration 94 - 4, through the approval of ResolutIOn No 94 - 22, whIch IS mcorporated herem by reference Said Negative Declaration represents the Independentjudgement of the CIty of Seal Beach Page 2 1 \voll\cds\g~a SectIon 5 Based upon the eVidence In the record, mcludlng the facts stated In ~ 4 of thIs resolutIOn, and In the enVIronmental documentation prepared 10 conJunction wIth this proJect, and pursuant to ~~ 28-2600 and 28-2602 of the City s Code, the Planmng CommisSion hereby finds as follows (a) General Plan Amendments 94-2A and 94-28 will not be detnmental to the short term or long term goals of the CIty of Seal Beach and are 10 the Interest of the public health, safety and welfare (b) General Plan Amendments 94-2A and 94-28 will reduce the future intensIty of commercial development along thiS portIOn of PacIfic Coast Highway through the change 10 deSlgtlatlon from the most Intense General CommerCIal to the least Intense LImited CommercIal (c) There IS no substantial eVIdence In the record whIch would support a fair argument that approval of the application, With the required nutlgatJon measures, mlght have a slgmficant enVIronmental Impact Section 6 Based on the foregOing, the Planmng ConumsslOn hereby adopts Negative Declaration 94-4 and recommends approval of General Plan Amendment 94-2A to the City Council, subJect to the follOWIng condition The Summary Table of EXisting and Proposed Land Uses 10 Acres of the Land Use Element shall be amended to depict the mcrease of 0 67 acres of LImited CommercIal land wlthtn the City and a decrease of 0 5 acres of ReSidentIal MedIUm DenSity land and 0 17 acres of General CommercIal land PASSED, APPROVED AND ADOPTED by the Planmng CommiSSIon of the City of Seal Beach at a meeting thereof held on the 6th day of July, 1994, by the follOWing vote AYES ConumsslOners Campbell. DaI1lman. Law NOES CommIssIoners ABSTAIN ConumsslOners Brown. Sham /7 1~g-4~ Anton Dahlman, Channian Planmng Conumsslon -@t4iOT-+tJDt""tlIIll1-: Page 3