HomeMy WebLinkAboutCC Res 6005 2010-10-11RESOLUTION NUMBER 6005
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
ADOPTING NEGATIVE DECLARATION 2010 -1 IN CONNECTION
WITH THE ADOPTION OF SEAL BEACH MUNICIPAL CODE
TITLE 11 (ZONING) AND ZONE CHANGE 10 -2 (ZONING MAP)
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE, FIND, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1 . The City has proposed revising the City's Zoning Code ( "Project ") to
reflect the most appropriate and best available development regulations and
standards to meet the desires of the community regarding development within
the City. Such a comprehensive revision effort has not been undertaken within
the community since 1974. The proposed Title 11, Zoning, does not change
standards for basic lot size, density and building intensity, setback, lot coverage,
height, parking, and sign regulations of the current zoning Code. There are
minor changes to allowable and discretionary land uses within the City, such as
news stands, kiosks, artist's studios, catering services, and handicraft/custom
manufacturing uses.
SECTION 2 . The Project has been environmentally reviewed pursuant to the
provisions of the California Environmental Quality Act (Public Resources Code
Sections 21000, et seq. ( "CEQA ")), and the State CEQA Guidelines (California
Code of Regulations, Title 14, Sections 15000, et seq.). City Staff prepared an
initial study pursuant to State CEQA Guideline § 15025 (a). Based on the
information contained in the initial study, the City staff determined that there was no
substantial evidence, in light of the whole record before the City, that approval of
the Project may have a significant environmental impact. Accordingly, staff
prepared a Draft Negative Declaration ( "Negative Declaration ") in accordance with
Section 15070 of the State CEQA Guidelines. Notice of the preparation of the
Negative Declaration was posted for the period of April 15 through May 17, 2010.
The City received comments on the proposed Initial Study /Negative Declaration
from:
• State of California Office of Planning and Research, May 18, 2010;
• State of California Coastal Commission, May 17, 2010;
❑ State of California Department of Transportation, District 12, May 6, 2010;
❑ State of California Native American Heritage Commission, May 6, 2010;
and
❑ City of Seal Beach Environmental Quality Control Board, Minutes of April
28, 2010.
SECTION 3 . City Staff has prepared written responses to all comments on the
Initial Study /Negative Declaration, and provided the responses to the City Council.
SECTION 4 . The City's Planning Commission reviewed the Initial Study /Negative
Declaration on May 5, 2010, in conjunction with a public hearing on the Project and
neither received public comments nor provided Commission comments. The City's
Environmental Quality Control Board ( "EQCB ") reviewed the subject Initial
Study /Negative Declaration on April 28, 2010. No public comments were received
at that time. The EQCB provided comments. City staff has responded to the
EQCB's comments.
SECTION 5 . Pursuant to Section 15074(b) of the State CEQA Guidelines, the City
Council independently reviewed and considered the contents of the Initial Study
and the Negative Declaration prior to deciding whether to approve the Project.
Based on the Initial Study, the Negative Declaration, the comments received
thereon, the responses to the comments, the Staff Reports dated June 14, August
9 and October 11, 2010, additional public comments, and the whole record before
the City Council, the City Council hereby finds that the Negative Declaration
Resolution Number 6005
prepared for the Project reflects the independent judgment and analysis of the City
Council and that there is no substantial evidence that the approval of the Project
may have any significant environmental impact. The City has addressed each of
the stated concerns within the Initial Study /Negative Declaration document.
Moreover, although CEQA does not require responses to comments made
concerning a negative declaration, the City responded in writing to comments
received. The documents and other materials which constitute the record on which
this decision is based, are on file with the Department of Development Services,
211 Eighth Street, Seal Beach. The custodian of said records is the Director of
Development Services.
SECTION 6 . Based upon the foregoing, and based upon substantial evidence in
the record before the City Council, the Council hereby finds:
1. There is no substantial evidence in the record that would support a
fair argument that approval of the project might have a significant environmental
impact.
2. There has been no evidence presented that the Negative Declaration
has been "substantially revised" so as to require recirculation under the California
Environmental Quality Act.
SECTION 7 . Based upon the foregoing, and based upon substantial evidence in
the record before the City Council, the Council hereby adopts Negative Declaration
2010 -1, Adoption of Title 11 (Zoning) Seal Beach Municipal Code and Zone
Change 10 -2 (Zoning Maps), and determines that approval of this project
involves no potential for adverse effects, either individually or cumulatively, on
wildlife resources and will not have an adverse impact on fish and wildlife.
SECTION 8 . The foregoing findings are based on substantial evidence in the
record, including without limitation, the draft Negative Declaration 2010 -1, staff
reports and both oral and written testimony. The documents that comprise the
record of the proceedings are on file with the Department of Development Services,
211 Eighth Street, Seal Beach. The custodian of said records is the Director of
Development Services.
SECTION 9 . The Council hereby instructs the Director of Development Services to
file appropriate documentation with the State of California and the County of
Orange.
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a
regular meeting held on the 11th day of October 2010 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
ATTEST:
Cit Clerk
Resolution Number 6005
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 6005 on file in
the office of the City Clerk, passed, approved, and adopted by the Seal Beach
City Council at a regular meeting held on the 11th day of October , 2010.
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