HomeMy WebLinkAboutPC Res 02-14 - 2002-03-20
RESOLUTION NUMBER 02-14
OR; ~' ; I b /.'" L
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF SEAL BEACH APPROVING
MINOR PLAN REVIEW 02-1, A REQUEST TO
CONSTRUCT 2 NEW MIXED USE BUILDINGS
WITHIN THE LIMITED COMMERCIAL (L-C) ZONE
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section 1. On February 14, 2002, Dr. Medhat Raouf (''The Applicant") filed
an application for Minor Plan Review 02-1 with the Department of Developmcnt Services.
Through MPR 02-1, the applicant seeks to construct 2 new structures, to be located on 2 lots
separated by a third lot, which will be comprised of parking.
Section 2. Pursuant to 14 Calif. Code of Regs. ~ l5025(a) and ~ 11.B of the
CIty'S Local CEQA Guidelines, stafIhas determined as follows: The application for Minor Plan
Review 02-1 is categorically exempt from review pursuant to the California Environmental
Quality Act pursuant to 14 Calif. Code of Regs. pursuant to ~ 15061(b)(3), because it can bc seen
with certainty that thcre is no possibility that the approval may have a significant effect on the
environment.
Section 3. A duly noticed hearing was held before thc Planning Commission
on March 20, 2002 to consider the application for Minor Plan Review 02-1.
Section 4.
The record of the hcaring on March 20, 2002 indicates the
following:
(a) On Fcbruary 14, 2002, Dr. Medhat Raouf ("The Applicant") filed an
application for Minor Plan Review 02-1 with thc Department of Development Services.
(b) Specifically, the applicant proposes to build one structure with
approximately 1160 Square Feet of Medical Office area, with approximately 2188 Square feet of
residential space above it. Additionally, the applicant proposes to build a second structure furthcr
north on the property, which will have approximately 827 square feet of office area on the first
floor, with approximately 2188 square feet of residential spacc above. Parking will be created by
2 separate 2 car garages for the residential units and utilize shared parking for the commercial
uses.
(c) The subject property is legally described as Orange County Assessor's
Parcel Number 199-062-04 and is located in the Residential High Density zone of Old Town.
(d) The subject propelty is 3 scparatc rectangular lots in shape with a total lot
area of roughly 7762.5 square fect (3 separate 25' x 103' lots).
(e) The surrounding land use and zoning are as follows:
SOUTH A mix of commercial and rcsidential buildings in the Limited Commercial
(L-C) zone.
NORTH A mix of residential structures and vacant land in thc Limited Commercial
(L-C) zone and the Residential Medium Dcnsity (RMD) zone
EAST
Naval Weapons Station in a Public Land Use 1 Recreation (PLU/R) zone.
C.IMy Documenls\RESOIMPR 02-1 - 233 SBB.PC Reso docILW\04-02-02
P/alllllllg C0I1I11/lSSI011 Reso/ullOIl No 02-14
Mil/or Plan RevIew 02-/
233 Seal Beach Boulevard
March 20, 2002
WEST A mixture of single-family and multi-family residential dwellings located
in the Residential Medium Density zone (RMD) of Old Town.
(t) As of March 13, 2002, staff received no written responses to its mailed
notice regarding Minor Plan Review 02-1.
Section 5. Based upon the facts contained in the record, including those stated in
S 4 of this resolution, and pursuant to SS 28-1158 of the City's Code, the Planning Commission
hereby finds as follows:
(a) Minor Plan Review 02-1 is consistent with the provisions of the Land Use
Element of the City's General Plan, which provides a "Limited Commercial" designation for the
subject property. The use is also consistent with the remaining elements of thc City's General
Plan as the policies of those elements are consistent with, and reflected in, the Land Usc
Element. Accordingly, the proposed use is consistent with the General Plan.
(b) The proposed project, Minor Plan Review 02-1 meets all of the design
review criteria, as set forth in Article 11.5 ofthe City of Seal Beach Municipal Code.
Section 6. Based upon the foregoing, the Planning Commission hereby
approves Minor Plan Review 02-1, subject to the following conditions:
1. Minor Plan Review 02-1 is approved for the property located at 233 Seal Beach
Boulevard. Specifically, Minor Plan Review 02-1 is approved to build one structure with
approximately 1160 Square Feet of Medical Office area, with approximately 2188 Square
feet of residential space above it and to build a second structure further north on the
property, which will havc approximately 827 square feet of office area on the first floor,
with approximately 2188 square feet of residential space above. Parking will be created
by 2 separate 2 car garages for the residential units and utilize shared parking for the
commercial uses.
2. All construction shall be in substantial compliance with the plans approved through MPR
02-1.
3. This Minor Plan Rcview shall not become effective for any purpose unless an
"Acceptance of Conditions" form has been signed by the applicant in the presence of the
Director of Development Services, or notarizcd and rctumed to the Planning Department;
and until the ten (10) day appeal period has elapsed.
4. The applicant shall indemnify, dcfend and hold hannless City, its officers, agents and
employees (collectively "the City" hereinaftcr) from any and all claims and losses
whatsoever occurring or resulting to any and all persons, firms, or corporations fumishing
or supplying work, services, materials, or supplies in connection with the performance of
the use pennitted hereby or the exercise of the rights granted herein, and any and all
claims, lawsuits or actions arising fl'om the granting of or the exercise of the rights
permitted by this Conditional Use Permit, and from any and all claims and losses
occurring or resulting to any person, linn, corporation or property for damage, injury or
dcath arising out of or connected with the perfonnance of the usc pcnnitted hereby.
Applicant's obligation to indemnify, defend and hold harmless the City as stated hercin
shalllllc1ude, but not be limited to, paying all fees and costs incurred by legal counsel of
the City's choice in representing the City in connection with any such claims, losses,
lawsuits or actions, expert witness fees, and any award of damages, jud!,rrnents, verdicts,
eourt costs or attorneys' fees in any such lawsuit or action.
5.
A deed restriction will be recorded on thc propcrty, prior to issuance of any building
pennits, requiring that no sale of propcrty of any of the three lots may occur until such
time as adequate on site parking is created on each ofthe three lots.
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MPR 02-1 . 233 SBB PC Re."
Plall/Ilng COlIIlIIISSlOn ResolutlOlI No.02-I4
Mmor Plall RevIew 02-1
233 Seal Beach Boulevard
March 20. 2002
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of
Seal Beach at a meeting thereof held on the 20th day of March, 2002 by the following vote:
A YES: Commissioners
Brown, Cutuli, and Sharp
NOES: Commissioners
ABSENT: Commissioners Hood and Ladner
ABSTAIN: Commissioners
MPR 02-1 - 233 SOO PC Reso
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