HomeMy WebLinkAboutCC Ord 1470 2001-03-12
ORDINANCE NO.!!/Jt;
AN ORDINANCE OF THE CITY OF SEAL BEACH
AMENDING CBA~ER 28 (ZONING) OF THE
CODE OF THE CITY OF SEAL BEACH
REGARDING THE FRONT SETBACK AREA FOR
THOSE PROPERTIES WITH PRE-EXISTING
DECKS ON THE SECOND FLOOR OF THE
RESIDENTIAL LOW DENSITY (RLD) ZONE
(ZONE TEXT AMENDMENT 01-1)
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THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1. At duly noticed public hearings on January 17,2001 and February 7,2001,
the Planning Comrnission considered Zone Text Amendment 01-1, which, if adopted, would
establish a new front yard setback for those propenies with existing second floor decks within
the planning district V, Residential Low Density zone of the City. Specifically, the new setback
would allow all properties with pre-existing front yard decks (which exist as of January 1,2001)
which protrude into the front yard setback area on the second floor to be enclosed to create
habitable living space.
Section 2. At said public hearing there was oral and written testirnony and evidence I
received by the Planning Commission.
Section 3. Pursuant to 14 Calif. Code of Regs. ~ 15305 and ~ II,8 of the' City's Local
CEQA Guidelines, Zone Text Amendment 01-1 is categorically exempt ftorn review under the
California Environmental Quality Act because, inter alia: (a) the amendrnent wiII result in rninor
alterations in land use limitations in areas with an average slope of less than 20%, which do not
result in any changes in land use or density (14 Calif. Code of Regs. ~ 15305 (Minor Alterations in
Land Use Lirnitations)); (b) the proposed zone text amendment is rninisterial in nature (~ 15268);
and (c) it can be seen with certainty that there is no possibility that the approval of the arnendment
rnay have a significant effect on the environment (~ 15061 (b )(3)).
Section 4.
found:
Based upon the evidence presented at the hearing, the Planning Commission
(a) Zoning Text Amendrnent 01-1 is consistent with the provisions of the
various elements of the City's General Plan. Accordingly, the proposed use is consistent with the
General Plan. The proposed amendrnent is administrative in nature and will not result in changes
inconsistent with the existing provisions of the General Plan.
(b) The proposed text arnendrnent wiII revise the City's zoning ordinance and
enhance the ability of the City to ensure orderly and planned development in the City through an I
amendrnent of the zoning requirements.
Section 5. Based upon the foregoing, the Planning Commission adopted Resolution OI-
Ion February 7, 2001, recornmending approval of Zone Text AmendrnentOl-l.
Section 6. A duly noticed public hearing was held by the City Council February 26,
200\ to consider Zone Text Amendrnent 01-1. The City Council received into evidence the Report
of the Planning Commission, including the Staff Report and Planning Commission Minutes of
January 17, 2001 and February 7, 2001, and Planning Commission Resolution No. 01-1. In
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Ordinance Number ~~I'~
addition, the City Council considered all written and oral evidence presented at the time of the
public hearing.
Section 7.
Commission.
The City Council hereby adopts the findings rnade by the Planning
Section 8. Based upon the foregoing, Chapter 28 of the Code of the City of Seal Beach
is hereby amended as follows: '
1.
Article 4. Subsection (2) of Section 28-401 of Chapter 28 of The Code of the Citv of Seal
Beach is hereby amended to read: /
"(b) Yard Dimensions (Minimurns):
Front Yard Abutting Street-
District I,........................,.................. ....18 ft."
District II,......,iI"*:t"............................ .18 ft, front entry~.
Garage,^IO ft. side entry garage ~
District V,............................................ .18 ft, front entry
Garage, 10 ft. side entry garage
(1) Except where 2"" floor decks existing as of January I,
2001 extend into the front yard setback area. In such
situations, the second floor setback shall be the edge of
the existing deck.
PASSED, APPR~~DDOPTED by the City Council of the City of Seal Beach this
~d'yof 200l.by"~fol1~W~ 0
~J~ ~
M yor
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
I, Joanne M. Yeo, City Clerk of the City of Seal Beach,
ordinance is the original copy of Ordinanc,;Number J.
introduced at a meet'ng held on the ~ - day of
t71~ved, and ad y the Ci Council of the City 0 Seal Beach at
... day of ,2001 by the following vote:
Iifomia, do hereby certify that the foregoing
() on file in the office of the City Clerk,
, 0 I and passed,
meeting thereof held on the
AYES:
NOES:
ABSENT:
has been published pursuant to the Seal
Ordinance Number /910
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of Orange
This space is for the County
Clerk's Filing Stamp
I am a citizen of the United States
and a resident of the county afore-
saJd; I am over the age of eighteen
years, and not a party to or inter-
ested in the above-entitled matter.
I am the principal clerk of the printer
of the SEAL BEACH SUN, a
newspaper of general circulation,
printed and published weekly in the
City of Seal Beach, County of
Orange and which newspaper has
been adjudged a newspaper of
general circulation by the Superior
Court of the County of Orange, State
of California, under the date of
2/24/75. Case Number A82583; that
the notice of which the annexed is a
printed copy (set in type not smaller
than nonpareil), has been published
in each regular and entire issue of
said newspaper and not in any
supplement thereof on the fQllowing
dates, to-wit: . ~'\
.... ,-: I ~"
. .I /v . ~/. ,'~':'
all in the year 200 . ''''':.'"> .....:./
I certify (or decla~e) u7der p,~,nalty of
perjury that the f~eQomg)s-trfie and
correct.
I
Proof of Publication of
...............................................
...............................................
, . ,,' SEAL BEACH;':' '- APPUCANT:plyofSeeIBe!"'h ',:
: 'PUBlIC NOTICES ,,' AIlheehove1'....ndplece8ll.......
..... .' I 'ssled persons may be heard If,so
( -' """I~ ....~ . "~ ','~. deSIred ItvouchaHengelhepm~.
.' ..', ;,';,' ., actIonllmcourt youmaybellmftedlo
': ..:: : NOTICE OF " ..._ only............ you or sornO-
.. . ~ PUBLIC HEARING -, -. . one else 18I88d at the public heanng
.. NOnCE IS HEREBY GIVEN thai: . .descnbed In thiS notice, or In wnrten
: the CIIy Councll,of Seal Beach ,will - correspondence delivered 10 the CIty
. hold a public heenng on Monday,' , ofSeaJaeachal,orpnorlo the pub.
. February 26. 2001, 81700 P m. ir!..' ich~ng. : . . I:.
f the City Council Clambers, 21t. ". DATED THIS 8" day of February
Eighth Street. 8881 Beach, to con- I, 2001 ' ' . '
I sfderthefollowfngltem:..' .'_' " . 'J.'
. ZONETEXTAMENOMENT01_1 .::' JoameM. Yea 4
, , , .. 'QlyCle<l<" ", I
~AEQUEST:~To.conslder .m ainend:- -Published 10 the Seal BeIdI Sun Jour.
~,..enllOlhel:c?de of the CIty ofS...;- neI, O:!J1512OO1 , ' .
Beach 10 reduce the required front _ '.
, yard 88lbeck In 1he dlslnct V resl-" .
, d_ntiaI hOUSIng ~e on ~ second
. ,ftoor of 1I1e house The request: 1110. :
. reduce1he'Hlback for 111_ 2"" fIoor~:
. for1hol8 propeitIes with,existlng 2"l
, _deckswl1lCh_InIoIhe....
. bBCk 11'88 to be able to enclose 1hoIe.
t decks and cre..e habltabJe liVing ;,-
. space The Setbadc requlrem.nllS
. CUnonlly18_(boIhl'&2"'ftoo~
I for a fronI: enary garage. .
;eNVlRONMENrAL REVIEW: Th'.
, Ilfqed IS C8lOgorlcely exeinpt fronI '
. CEOA_ " ,_.','
, i:ooE BecnoNS: 26-2800; 28-401
! of the Cod. of !h8 CltV of S.al .
;. 11IGb. ' . ,. - .,'
Dated at Seal Beach, CA,
this /9 day of ,_~ b ,2001.
'~~-
/ ,
,
Signat r
PUBLICATION PROC SED BY:
THE SUN NEWSPAPERS
216 Main Street
Seal Beach, CA 90740
(562) 430-7555. (949) 759.7726
c-<~
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Ordinance Number J~i'"
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of Orange
This space is for the County
Clerk's Filing Stamp
I am a citizen of the United States
and a resident of the county afore-
said; I am over the age of eighteen
years, and not a party to or inter-
ested in the above-entitled matter.
I am the principal clerk of the printer
of the SEAL BEACH SUN, a
newspaper of general circulation,
printed and published weekly in the
City of Seal Beach, County of
Orange and which newspaper has
been adjudged a newspaper of
general circulation by the Superior
Court of the County of Orange, State
of California, under the date of
2/24/75. Case Number A82583; that
the notice of which the annexed is a
printed copy (set in type not smaller
than nonpareil), has been published
in each regular and entire issue of
said newspaper and not in any
supplement thereof on the following
dates, to-wit:
'~
all in the year 2001.
Proof of Publication of
...............................................
...........................--_~_______A___.__..
. s8c:ond read"....g and be constdered
, far adopIIan 81'" nogiw Qly ecu,.
t;tl ~e8t1ng of Milrch 12th; 2001
,Copies of Ihe Ordinance Number
, _.. 147081'8 8Villlable frornthe offJceof
sU!olMARY .1 .'he City Clerk, CIty Hen 211 8th
. ORDINANCE NUMBER 1470, . SInoet, Se8l1leech: ~ (582)
,ZONETEXTAMENDIlENT01.1.' 431-2527" ,'. '
, 2ND.S'!ORYDECKS-PLANNlNO, DATED THIS 27"daYql FebnJary.
. DISTRICT FIVE ... ,.... 2001. :. '.'
. Ordl~ce NUmber.1470 of the 9tty ,. .ioanne M Y,
J of Seal BBBCh amends O\apt8r 28 .. Clerk' 80
, :oIU1eCodeOftheCllyolSe8l_ ' .9'Y. .... .'
redUCing the setback In the Rest- . PublIShed II the Seal8eBch SWI Jour-
- CtentiallDw Density Zone. P4anmng nai, 03JD8/2001. .
. DfstncI five; of the" 88conci" ftoor for.
:;) properIJeS that have existing second .
floc; decks. 81IOWlRg r&SIdants Mlh
:. ~such'dec:Ics to extend m'o Ihe set-
. back area to enclose the sacond Iocr
" ~~'-',~IMng......::-
. Ordinance NUmber 1470 was corBd.
. On.j ~ pUblIC !"'-',mg 81 the reg_
; " ~Ier CItY ~I m"!ting on Feliru-,
tf... sty ~ 8n!i the tntroducdon ofOrcb-.
I~~ nance Number1470 was ~
"..;bythefollowlng'vo.e: ..' ,..1
--AVEll:,8oyd..c.impt..~ DoenlI, tk. ;
r'k~' Vost,.. .... ~ . ~
:.NOEs:~';:~'" ..:~,... .':.......'
~iill!lION CARRm'" : I':,... "".,
, Orc.in:e'~i:i70wll8Clllv8~"
'I.~~__-..- .._ '_. .
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Date~t Seal Be~
this day of .- 2001.
4~d---
PUBLICATION PROCESSED BY:
THE SUN NEWSPAPERS
216 Main Street
Seal Beach, CA 90740
(562) 430-7555 . (949) 759-7726
Ordinance Number
19'70
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of Orange
This space is for the County
Clerk's Filing Stamp
I am a citizen of the United States
and a resident of the county afore-
said; I am over the age of eighteen
years, and not a party to or inter-
ested in the above-entitled matter.
I am the principal clerk of the printer
of the SEAL BEACH SUN, a
newspaper of general circulation,
printed and published weekly in the
City of Seal Beach, County of
Orange and which newspaper has
been adjudged a newspaper of
general circulation by the Superior
Court of the County of Orange, State
of California, under the date of
2/24/75. Case Number A82583; that
the notice of which the annexed is a
printed copy (set in type not smaller
than nonpareil), has been published
in each regular and entire issue of
said newspaper and not in any
supplement thereof on the following
dates, to-wit:
<LIS'
all in the year 2001.
Proof of Publication of
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...............................................
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,-'-'..,' ".: 'SUMMARY , '
. ORDINANCE NUMBER 1470
"ZONETElCTAMENDMENr01.1, h
. " OECKS/SETBACKS
Ordinance Number 1470 of the'Clty
of Seal Beach amends Chapter 28
of the Code of the.Clty af Seal"
.' Baach,.reducing"tha setbBC~ m \hp .
ReSKtentlal Low DenSIty Zone, Plan-
", nlng'Olstnct FIVe. of the second floor
fOr ptopemes that have eXlshng sec-
ond floor decks allowmg residents
: W\1h sund8cks to exterid mto the set-
b8i:k Br8B. to enclose the second floor
deck to creale habltallivlng space.
-'Ordlnance Number 1~70 received'
second reading and was adopted by
'the CIty Couool dt lh, regular. meel=-
"'tng thereof held on March 121ti: 2001 -
"ibythefollOWlngvote". '.;~ .~...._.
A'(ES: ~. CamPbeN, Doane. ~-'
son, Vost Ii '. '. ....
NOES:'NOne '" ~:. " ':, ~ ::- r,:
MOTION CARRIEO;' ';'c:' ,~.- ';:
'CoPles of Ordinance ~umber ...1470=-
; are 9.V9.llable from the office of the
CIty Clerk, Cdy HoII, 211 '.8th S1root,
Seal Beodl,lBIe~ (562\ 431,
'2527 "" ... ,,:' ,',
,DATED'rHis 29"daiiif M.....:2001
'.JoameM. Yso" .: I . ',":
'CIlyClerk " ":.'"" .'''
PUblIshed In the Seal Beach Sun Jour.
nal, 04105/2001' , . , ...
.'_:N' . " : ....~..; ." ..
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I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Dated at Seal Beac~,
this S dayof ~. ,2001.
ddV-
Signatu e
PUBLICATION PROCESSED BY:
THE SUN NEWSPAPERS
216 Main Street
Seal Beach, CA 90740
(562) 430-7555' (949) 759-7726
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