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Home My WebLink AboutPC Res 94-22 - 1994-07-06 I , . RESOLUTION NO 94-22 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH ADOPTING NEGATIVE DECLARATION NO 94-4, RELATING TO GENERAL PLAN AMENDMENT 94-2A AND 94-2B, ZONE CHANGE NO 94-2, AND HEIGHT VARIATION NO 94-4 IN THE CITY OF SEAL BEACH, CALIFORNIA THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE AS FOLLOWS SectIon I On March 16, 1994, Dave Bartlett submitted an applicatIOn on behalf ofMttchell Land and Improvement Company (The Applicant) for General Plan Amendments 94-2 (A&B), Zone Change 94-2, Vallance 94-3 and HeIght Vanatlon 94-4 WIth the Department of Development SeTVIces The apphcant 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 proposing a vallance 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, pursuant to a heIght VaTlatlOn, a covered roof access structure (CRAS) on both of the proposed reSIdences Section 2 Pursuant to 14 CalIf Code of Regs ~ IS025(a) and ~~ II C and III of the City IS Local CEQA GuIdelines, staff prepared an Imtlal Study and a NegatIve DeclaratIOn, whtch 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 City IS Local CEQA Guidelines SectIOn 3 A duly noticed public heaTing was held before the Planmng CommIssIon on June 22, 1994 to conSIder the apphcatlOn, the Imtlal Study and the Negative DeclaratIOn At the public heaTing, the applicant and 2 people spoke 10 favor of the request and no persons spoke In OppOSitIon Section 4 The record of the heaTing indicates 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 ServIces On May 25, 1994 the applicant subnutted applications for a vanance and a height vaTlatlon 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 CommercIal (L-C) and of nine (9) of the reSidentially zoned properties to L-C zomng The applicant IS proposing a vaTlance 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 (eRAS) on both of the proposed reSIdences (c) The subJect property IS legally descTlbed as Parcel A, consIsting of Lots 30,32,34 and 36, In Block 217 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 Planmng CommISSion Resolutton No 94-22 July 6, 1994 . Parcel B, conslst1Og of Lots 27, 29, 31, 33 and 35, In Block 216 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, 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, 10 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 251 x 1001 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 Wlthtn the Cove area of Manna Htlllocated 10 the Resldenttal Low DenSIty zone (RLD) SOUTH A mIxture of single family and multt fanuly dwellings located In the ReSIdential MedIUm DenSity zone (RMD) EAST & WEST A nuXture of commercial uses located along PaCIfic Coast HIghway and Seal Beach Boulevard In the General CommercIal zone (C2) (g) BUlld10g PermIt records indicate the subJect property, fonnerly the sIte of the Rum Runners restaurant and pnor to that the Ranch House cafe, had been uttllzed 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, Variance 4-91, General Plan Amendments 1A-91 and IB-91 for the subJect property The applicant, lames R Watson, was propos1Og the construction of three (3) small detached commercIal bulld10gs and eleven (II) Single fanuly 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 contam1Oatlon has been documented by State offiCIals (J) Staff has prepared an Imtlal enVIronmental assessment and proposed Negative DeclaratIOn as reqUIred by the Callforma EnVIronmental Quality Act (CEQA) Staff received comments back from two agencIes Both the CIty of Los Alamltos and the Southern CalifornIa Gas Company expressed no concern WIth the proposal (k) No new 1OfonnatlOn was brought forward at the publIc heanng WIth regard to potential enVIronmental Impacts from the proJect that was not addressed In the Imtlal enVIronmental assessment SectIon 5 The Planmng CommIssIon affirms that It Independently reviewed and analyzed proposed Negative DeclaratIOn No 94-4 pnor to acting on the application and hereby finds as follows Page 2 , . Planmng CommiSSIon ResolutIOn No 94-22 July 6, 1994 (a) Negative Declaration 94-4 was prepared by City Staff and thelefore reflects the Independent Judgment of the CIty of Seal Beach, and (b) There IS no substanttal eVIdence In the record whtch would support a fwr argument that approval of the applicatIOn, with the reqUired mItIgatIOn measures, nught have a slgmficant environmental Impact, and (c) Approval of this application will create no potential for adverse effect, either individually or cumulatively, on wlldhfe resources and WIll not have an adverse Impact on fish and WIldlife and the Planmng Commission hereby directs the Director of Development Services to file the appropnate De Mtmmus Impact Finding for the Callforma Department ofFish and Game CertIficate of Fee Exemption (d) The application, including General Plan Amendments 94-2A and 94-2B, WIll reduce the future intensIty of commercial development along thIS portion of Pacific Coast HIghway through the change In deSIgnation from the most Intense "General Commercial" to the least Intense "Limited Commercial" Section 6 Based on the foregOing, the Planmng Commission hereby adopts Negative DeclaratIOn 94-4, In compliance WIth the Callforma EnVIronmental Quality Act and the City's Local CEQA GUldehnes PASSED, APPROVED AND ADOPTED by the Planning CommissIon of the City of Seal Beach at a meeting thereof held on the 6th day of July, 1994, by the follOWing vote A YES Commissioners CamDbelL Dahlman. Law NOES Commissioners ABST AlN CommissIoners Brown. Sharp ~ Anton Dahlman, Chatnnan Plannmg ComnusslOn 0Lee Whittenberg, Secretary Planmng COmmISSion Page 3