HomeMy WebLinkAboutPC Res 09-46 - 2009-10-21RESOLUTION NUMBER 09-46 lIV44
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL BEACH
DETERMINING THAT CHURCH USES ARE NOT
CURRENTLY ALLOWED IN THE MAIN STREET
SPECIFIC PLAN AREA
WHEREAS, In July, 2009 staff was approached with a request to consider allowing
church uses on Main Street in the Main Street Specific Plan (MSSP) zone;
and
WHEREAS, The Main Street Specific Plan does not include churches as either a
permitted or conditionally permitted use. Section 28 -1250 of the Municipal
Code sets forth the permitted and conditionally permitted uses within the
Main Street Specific Plan Zone; and
WHEREAS, The Planning Department is seeking a Planning Commission
determination regarding whether churches should be allowed in the Main
Street Specific plan area pursuant to Section 28- 1250.A.13, which allows
"Other similar uses when determined by the Planning Commission to be
consistent with the Main Street Specific Plan and compatible with other
permitted uses within the zone "; and
WHEREAS, The Seal Beach Municipal Code, Chapter 28, Zoning, defines a church in
Section 28 -218. Church "Church" as used in this chapter, means an
establishment, the principal purpose of which is religious worship and for
which the principal structure contains the sanctuary, and including
accessory uses in the main structure or in separate buildings, including
Sunday school rooms, assembly rooms, kitchen, library room and a one -
family dwelling unit, but excluding day -care nurseries and facilities for
residence of or training of religious orders. (Ord. No. 948) "; and
WHEREAS, The adopted Main Street Specific Plan includes a "Vision" statement that
states in relevant part:
"VISION
i
The Main Street area is particularly important because/it is a
cohesive agent for a city that is geographically fragmented. The
vision for Main Street is small town America. Important features
include a family town with friendly people who care for each other.
A pedestrian- oriented area where people walk and feel safe on the
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Planning Commission Resolution No. 09 -46
Determination of Proper Zoning —
Church Facility Within Main Street Specific Plan Zone
October 21, 2009
street at night. An area with both architectural and economic
diversity with a mix of offices and businesses. Main Street is
surrounded by an area of mixed housing types and institutions,
creating a complete small town community. Although it is
recognized that the area will have businesses that serve both
residents and visitors, the goal is to not have visitor serving uses
overwhelm the area at the expense of the small town character. It
is also recognized that when the weather and beach conditions are
attractive, the demand for parking may exceed the supply.
The differential standards used in the Main Street Specific Plan
may seem to some as unfair in relation to the rest of the City.
However, the VISION clearly establishes the importance of Main
Street and justifies its differential treatment. What would Seal
Beach be like without Main Street? The Plan recognizes Main
Street as the heart and soul of Seal Beach. "; and
WHEREAS, The adopted Main Street Specific Plan includes a "Land Use" section that
states in relevant part:
"LAND USE
The small town village charm of Seal Beach's Main Street area
comes from a variety of factors including the eclectic mix of
architecture, constrained area (only three blocks long), and relation
to the ocean. However, of major importance, if not the single most
important element, is the mix of uses in close proximity to one
another."
The commercial uses are the key to the area's special character.
The commercial center has been able to retain its small town
character due to those businesses that depend on and support the
adjoining residential development. These uses are traditionally
found in a small town, village center. It is important that they be
retained and other similar uses be encouraged to establish on Main
Street whenever possible. In Seal Beach these uses include:
grocery store, financial institution, hardware store, Post Office, drug
store, movie theater, and nursery. "; and
WHEREAS, Although the Main Street Specific Plan does not list churches in the Main
Street Specific Plan area, churches are allowed in many other areas of the
City_subject to approval of a Conditional Use Permit in the following zones
❑ Residential Low Density Zone — 5000;
❑ Residential Low Density Zone — 3000;
❑ Residential Medium Density Zone;
❑ Residential High Density Zone;
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Planning Commission Resolution No. 09 -46
Determination of Proper Zoning —
Church Facility Within Main Street Specific Plan Zone
October 21, 2009
❑ Planned Unit Development:
❑ Professional Office Zone;
❑ Service Commercial Zone; and
❑ General Commercial Zone; and
WHEREAS, In accordance with the zoning code, there are currently 4 churches within
a 500 -foot radius of the Main Street Specific Plan Zone.
❑ First United Methodist Church, 148 Tenth Street;
❑ Grace Community Church, 138 Eighth Street;
❑ St. Anne's Catholic Church, 340 Tenth Street; and
❑ Seacoast Community Church, 919 Electric Avenue; and
WHEREAS, In addition, the Seal Beach Church of Religious Science, 500 Marina
Drive, is located approximately 630 feet from the Main Street Specific Plan
Zone area of the City.
THE PLANNING COMMISSION HEREBY RESOLVES AS FOLLOWS:
Section 1. Based on the entirety of the record before the Planning Commission, the
Commission finds:
A. All facts stated in the foregoing recitals are true and correct.
B. The "Vision" and "Land Use" sections of the Main Street Specific Plan indicate
that this area is to be the commercial business focus of the City, and goes to
great lengths to control the amount of ground floor service uses, to ensure that
the maximum capabilities for retail related visitor and resident uses can be
accommodated within the Main Street Specific Plan area.
C. The Zoning Code of the City clearly allows for the establishment of "church"
uses, as defined, within the large majority of the city. The only zones of the City
that do not allow for such a use is the Main Street Specific Plan Zone and the
Light Manufacturing Zone. In the area within a 500 -foot radius of the Main Street
Specific Plan Zone there are currently 4 church properties with an additional
church facility located approximately 630 feet from the Main Street Specific Plan
Zone area of the City.
D. A determination at this time by the Planning Commission that Church uses are
not allowed in the Main Street Specific Plan area does not foreclose the
possibility that Main Street Specific Plan and the City's Zoning Code could be
amended to allow Churches in the Main Street Specific Plan.
Section 2. Based on the foregoing findings, the Planning Commission of the
City of Seal Beach does hereby determine that "Churches," as defined in Chapter 28,
Section 28 -218 of the Code of the City of Seal Beach are not allowed in the Main Street
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Planning Commission Resolution No. 09 -46
Determination of Proper Zoning —
Church Facility Within Main Street Specific Plan Zone
October 21, 2009
Specific Plan because they are not sufficiently similar to any permitted or conditionally
permitted uses in the Main Street Specific Plan area and are not consistent with the
Main Street Specific Plan in its current form.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal
Beach at a meeting thereof held on the 21 st day of October 2009 by the following vote:
AYES: Commissioners Deaton, Bello, and Massa - Lavitt
NOES: Commissioners None
ABSENT: Commissioners Galbreath and Larson
ABSTAIN: Commissioners None
Ellery Deaton
Chairperson, Planning Commission
NI' Terrence Belanger
Interim Secretary, Planning Commi on
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