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Home My WebLink AboutPC Res 01-22 - 2001-05-09 J RESOLUTION NO. 01 - 22 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR PLAN REVIEW 01-6, A REQUEST FOR ARCHITECTURAL REVIEW OF A PROPOSAL TO CONSTRUCT A NEW MIXED USE DEVELOPMENT, CONSISTING OF A ONE-STORY COMMERCIAL BUILDING AT THE FRONT OF THE LOT WITH A THREE (3) STORY, TWO UNIT RESIDENTIAL STRUCTURE AT THE REAR OF THE LOT AT 229 SEAL BEACH BOULEVARD THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On April 12, 2001, Walter F. Miller submitted an application for Minor Plan Review 01-6. Specifically, the applicant is seeking Architeetural Review of a proposal to construct a new mixed-use development at 229 Seal Beach Boulevard. The proposed development consists of a one-story commercial building at the front of the lot with a three (3) story, two-unit residential structure over parking at the rear of the lot. Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~ ILB of the City's Local CEQA Guidelines, staff has determined as follows: The application for Minor Plan Review 01-6 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs. ~ 15303 (New Construction), because it involves the eonstruction of only two (2) apartment units in an urbanized area and other small commercial structures; and, pursuant to ~ 15061(b)(3), because it can be seen with certainty that there is no possibility that the approval may have a signifieant effect on the environment. Seetion 3. A duly noticed hearing was held before the Planning Commission on May 9,2001 to consider the application for Minor Plan Review 01-6. Section 4. The record of the hearing on May 9, 2001 indicates thc following: (a) On April 12, 2001, Walter F. Miller submitted an application for Minor Plan Review 01-6. (b) Specifically, the applicant is seeking Architectural Review of a proposal to construct a new mixed-use development at 229 Seal Beach Boulevard. The proposed development consists of a one-story eommereial building at the front of the lot with a three (3) story, two-unit residential structure at the rear of the lot. (c) The subject property is legally described as Orange County Assessor's Parcel Number 199-062-36 and is located in the Limited Commercial zone of Old Town. (d) The subject property is rectangular in shape with a lot area of 6,666 square feet (62.5' x 106.67'). (e) The surrounding land uses and zoning are as follows: C \i\1y DocumentslRESOlM1'R 01-6 229 Seal Beach Blvd.PC Resa dacILW\05-09-Ul Planning Commission Resolution No. 01-22 Minor Plan Review 01-6 229 Seal Beach Boulevard May 9. 2001 NORTH & SOUTH A mixture of commercial and residential uses along Seal Beach Boulevard in the Limited Commercial zone (L-C). EAST The Seal Beach Naval Weapons Station across Seal Beach Boulevard in the Public Land Use / Recreation zone (PLUIR). WEST A mixture of single family and multi-family residences in the Residential Medium Density zone (RMD). (1) The Planning Commission originally eonsidered and approved a similar request in 1992 and again in 1996. The Coastal Commission granted approval to a revised plan and scaled baek plan for the development of the property in 1996. Tn 1997 the City approved construction plans for the project in accordance with the approved plans from the City and Coastal Commission. However, the project was never constructed. The same plan as was previously approved by the City in 1997 is the plan now being considered by the City. (g) The City has received onc written responses in opposition this minor plan review request. Section 5. Based upon the facts eontained in the record, including those stated in ~ 4 of this resolution, and pursuant to ~~ 28-1158 of the City's Code, the Planning Commission hereby finds as follows: (a) Minor Plan Review 01-6 is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a "Limited Commereial" designation for thc subject property and permits mixed use developments. The use is also consistent with the remaining elements of the City's General Plan as the policies of those elements are consistent with, and reflected in, the Land Use Element. Accordingly, the proposed use is eonsistent with the General Plan. (b) Thc proposed development eomplies with all development standards of the Limited Commercial (L-C) Zone. (c) The proposed Cape Code style arehitectural scheme is appropriate for the beach eharacter of Old Town Seal Beach Section 6. Based upon the foregoing, the Planning Commission hereby approves Minor Plan Review 01-6, subject to the following conditions: 1. Minor Plan Review 01-6 is approved for architeetural review at 229 Seal Beaeh Boulevard, Seal Beach. The proposed project entails the construetion of a one-story commereial strueture at the front of the lot and a three-story duplcx at the rear of the lot. 2. Pinal construetion plans shall eomply with all current Uniform Code requirements for eonstruetion as set forth in Chapter 5 of the Code of the Citv of Seal Beach (adopts by referenee 1997 Uniform Construction Codes with local amendments). 3. Pinal building plans shall indicate 177 square feet of landscaping within the required front yard setback and an additional 323 square feet of landscaping elsewhere on the property. 4. The applicant shall sign and record an agreement to participate in an in-lieu parking program for a total of seven (7) parking spaccs. 5. The applieant shall post a surety bond in the amount of $3,500 ($500/space) for in- lieu parking fees prior to issuance of a building permit. Once a specific in-lieu fee is determined, the applicant shall pay the fee in full and the bond will be released. MPR 01-6.229 Seal Beach Blvd PC Reso 2 Plannzng Commi~'sion Resolution No. 01-22 Mil/or Plan Review 01-6 229 Seal Beach Boulevard May 9, 2001 6. The applicant shall reeord a eovenant on the Title of the property requiring that the occupants of the residential units shall be involved in "non-residential" uses on the subject property. 7. All construetion shall be in substantial compliance with the plans approvcd through MPR 01-6, as amended herein. 8. All standard pcrmit issuance fees of the Department of Building and Safety and the Department of Public Works shall be paid prior to issuanee of a building permit. This condition would entail payment of the following fecs and/or submission of additional plans: D Grading Permit: Grading plans to be approved by the Engineering Department and a grading permit to be issued by Engineering Department prior to issuance of a building permit. D Building Department standard conditions of aooroval: D final construction plans shall comply with all eurrent Uniform Code requirements for eonstruction as set forth in Chapter 5 of the Code of the City of Seal Beach (adopts by reference 1997 Uniform Construction Codes with loeal amendments). D Payment of all required fees at time of submittal of plans for plan check/issuance of building permit: D Plan Check fee (pursuant to City Council Resolution No. 4816) D Building Permit Fee (pursuant to City Council Resolution No. 4816) D Environmental Reserve Tax (pursuant to Code * 22-52) D Construction Excise Tax (pursuant to Code ~ 22-14) D Park and Recreation Non-Subdivision Fee (pursuant to City Council Resolution No. 4816) D Transportation Facilities and Programs Development and Development Application Fees (pursuant to City Council Resolution No. 4816) D Orange County Sewer Connection Fee D Public Works Deoartment standard conditions of approval: D City Sewer Connection Fee (pursuant to City CouneiJ Resolution No. 4816) D Grading Plan Check Fec Deposit(pursuant to City Council Resolution No. 4816) D Right of Way Improvements: D Replaee deficient or inadequate sidewalk abutting lot or construct all new as determined by the City Engineer. D Replace deficient or inadequate curb and gutter abutting lot or construct all new as determined by the City Engineer. D Make all public pedestrian access, including but not limited to driveway approaches, access ramps, sidewalk abutting lot ADA eompliant. D Rehabilitate half the section of the street abutting the frontage of the property as dctermined by the City Engineer. D Rehabilitate the entire alley section abutting the frontage of the property as determined by the City Engineer. D Street Improvements: D Underground all overhcad utilities abutting lot including but not limited to electrical, phone, cable. D Street Trees and landscaping: D Plant new street trees and landscaping in the public right of way as determined by the Director of Parks and Recreation in accordance with the City's Strect policy. D Public Utilities: D On eommcrcial developments with City maintained water facilities, replace any water lines, hydrants, or facilities as determined by the City Engineer or take over maintenance of the water lines as a private on-site system. D Replaee existing sewer laterals as necessary as determined by the City Engineer. D Upgrade water serviees as necessary as determined by the City Engineer. MPR 01-6229 Seal BeliLh Blvd PC ResD 3 Planning Commission ResolutIOn No. 01-22 Minor Plan Review 01-6 229 Seal Beach Boulevard May 9. 2001 o Replace existing publie facilities such as street lighting, water and sewer lines and related appurtenances serving the property if in the determination of the City Engineer the existing public utilities are insufficient or are in need of replacement. o Ocean Water Quality: o Provide that stormwater pollution requirements as determined by the City Engineer including but not limited to the following: o Minimize runoff to impermeable areas/reuse storm water. 9. This Minor Plan Review shall not become effective for any purpose unless an "Aceeptance of Conditions" form has been signed by the applicant in the presence of the Director of Development Services, or notarized and returned to the Planning Department; and until the ten (10) day appeal period has elapsed. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 9th day of Mav , 2001 by the following vote: AYES: Commissioners Brown. Cutul i. Hood. Ladner, and Sharp NOES: Commissioner!> None ABSENT: Commissioners None ABSTAIN: Commissioners _cv '_ l~ David Hood, Ph.D. Chairperson, Planning Commi!>sion MPR 01-6 229 Seal Heach Blvd PC Rc.o 4