HomeMy WebLinkAboutCC Ord 1500 2003-04-28
ORDrnANCENUMBER;I~
AN ORDINANCE OF THE CITY OF SEAL
BEACH CHANGING THE DESIGNATION OF
THE LIMITED COMMERCIAL (L-C) ZONE TO
THE LIMITE]} COMMERCIAURESIDENTIAL
MEDIUM DENSITY (L-C/RMD) ZONE AND
REV I srnG THE DEVELOPMENT
STANDARDS OF THE LIMITED
COMMERCIAURESIDENTlAL MEDIUM
DENSITY (L-C/RMD) ZONE (ZONE TEXT
AMENDMENT NO. 03-1)
I
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDArn
AS FOLLOWS:
Section 1. On July 8, 2002 the City Council authorized initiation of
General Plan and Zone Change studies to consider alternative land uses for the existing
L-C zoned areas on Seal Beach Boulcvard. The Planning Department held "Public
Information Meetings" to discuss the direction of the City Council, the history of zoning
of the area, and issues for discussion on July 31 and November 20, 2002. Based on the
discussions at those information meetings staff' has proceeded with the request as
presented.
Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~~ II.C I
and III of the City's Local CEQA Guidelines, staff prepared an Initial Study and a
Negative Declaration, which was circulated for public review and comment from August
February 14,2003 to March 17,2003, in compliance with the provisions ofthe California
Environmental Quality Act and the City's Local CEQA Guidelines. The Negative
Declaration was reviewed by the Planning Commission at a public hcaring held on March
S, 2003 in relation to the subject land use proposals. TIle Negative Declaration was
reviewed and adopted by the City Council at a public hearing held on April 14, 2003 in
relation to the subject land use proposals.
Section 3. A duly noticed public hearing was held before the Planning
Commission on March 5, 2003 to consider the subject applications. At the public hearing,
the Planning Commission invited and considered any and all testimony offered in favor
or opposition to said applications.
Section 4. A duly noticed public hearing was held before the City
Council on April 14, 2003 to consider the subject applications. At the public hearing, the
City Council invited and considered any and all testimony offered in favor or opposition
to said applications.
Section 5. Based on the foregoing Sections I through 4, the
City Council hereby approves Zone Text Amendment 03-1. Only Sections 28-300, 28-
1150 and 28-1151 require amendments and Section 28-1155.FA is to be deleted; all other
provisions of Article 11.5 remain unchanged. The City Council hereby amends Section
28-300 to revise the designation of this zoning district and to revise the development
provisions of the Limited Commercial/Residential Medium Density (L-C/RMD) Zone as
indicated below:
I
I. Revise Section 28-300(2)(e) to read as follows:
"(e) L-C/RMD
Limited commerciallResidential medium density zone,"
2. Revise Section 28-1150 and 28-1151 to read as follows:
Ordinance Number /JtJ;,
"Article 11.5. Limited Commercial/Residential Medium Densitv Zone
Section 28-1150. Declaration of Legislative Intent. It is hercby declared
to be thc intent of the LCIRMD - Limited Commercial/Residential
Medium Density Zone - to establish reasonable standards that permit and
control limited commercial and office uses in conjunction with residential
uses. Furthermore, it is the in(ent of this part to: '
I
A.
Encourage commercial, service, institutional and office uses that
do not attract large volumes of tmffic and continuous customer
turnover.
8. Limit and discourage development of strip-type, highway-oriented
commercial uses that create !mffic hazards and congestion because
they requirc numerous individual curb cuts and gencrate higher
traffic volumes.
C. Minimize visual and functional conflicts between residential and
nonresidential uses within and abutting the zone.
D. Encourage elimination of curb cuts for vehicular access and
promote more efficient and economical parking facilities, utilizing
'both on-street parking, off-street parking and off-site parking
facilities. .
E. Encourage uses that minimize noise and congestion.
F.
Recognize that mixed-use developments may not be' the only
aeceptable land use by also allowing residential development to
occur as a stand-alone use within the Limited
CommerciallResidential Medium Density Zone.
I
Section 28-II51. Permitted Uses.
In the ~-@~]!)~~e, the following uses only are permitted and as
herein,!lfter;~p~~lfictU'y,~ovided and allowed by this article:
,.- ,~,\
, ,,' \ (:3~1
A. : Retail sp~bi~ltY';-Sh'qps including, but not limited to, the sale of
, gifts,"':"liitiqul?8" :ffowers, books, jewelry, apparel, tobacco and
. related siIppli~~J craft shops, making articles exclusively for
. '. retail sal:?on the: ifemises. '
" . , . .
" .. '
.'..: ".. .
8. Personal service shops including, but not limited to, tailor, barber,
beauty salon, shoe repair, dressmaking, or similar service uses.
C. Business offices including, but not limited to, security and
commodity brokerage, real estate sales, travel agency, employment
counseling, insumnce sales, advertising, mailing, and stenographic
services, and other services of a similar nature.
I
D.
Studios for dance, lirt, music, photography, radio, or television.
E.
Professional offices for lawyers, engineers, architects, landscape
architects, urban planners, accountants, economic consultants,
doctors, dcntists, chiropractors, or other practitioners of the healing
arts for humans, or other professionals of a similar nature.
F. Residentiai uses located only on the second floor and above, when
the floors below the second floor do not contain residential uses.
All such residential uses shall comply with all provisions of this
AI1icle pertaining to residential development.
Ordinance Number ~~~
G. Nursery schools, day care centers, private or trade schools, outdoor
play hours shall be limited to between 9:00 a.m. and 5:00 p.m.
H,
Residential use located as a stand-alone use; not in conjunction
with a permitted or conditionally permitted non-residential use.
Said uses shall comply with all of the development standards for
the Residential Medium Density Zone (RMD Zone), except for the
Front Yard Setback requirements, which shall be in conformance
with the development standards of the Residential High Density
Zone (RHD Zone), District I standard.
I
I.
Any use detennined by the PI arming Commission to be of a nature
similar to the uses listed above."
3. Delete Section 28-1155.FA it its entirety.
Section 6. Scverabilitv. If any section, subsection, subdivision,
paragmph, sentence, clause or phmse of this Ordinance or any part thereof is for any
reason held to be unconstitutional, such decision shall not affect the validity of the
remaining portions of this Ordinance or any part thereof. The City Council of the City of
Seal Beach hereby declares that it would have passed each section, subsection,
subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any
one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases
be declared unconstitutional.
PASSED, APPROVED AND ADOPTED by the City CouJlCil of the City of Seal
Beach at a I g thereof held on the ;.28 - day of
· 2003.
cb, ftLM~
Mayor
I
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
I, Joanne M. Yeo, City Clerk of the City of Seal Beach, Californi!l?J!g hereby certify that the
foregoing ordinance is the original copy of Ordinance N~~ /~ on file in the office
of th~ Clerk, introduced at a meeting held on the L~ day of
~AJJ- ,2003 and passed, approved,~doPted by ~y C.o}lncil of the
City 0 eal Beach at a meeting thereof held on the _ day of ~ '
2003 by the following vote:
AYES: councilmembe~ r1l~/"'~tI. LI:::.~~~ I
NOES: Councilmembers~
ABSENT: Councilmembers 'b"~ -
and do hereby certify that Ordinance Number 15M has been published pursuant to
eal Beach City Charter and Resolution Number 2836.
I
I
I
Ordinance Number ,1~
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:
~/03
all in the year 2003.
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Proof of Publication of
...............................................
...............................................
NOTICE OF
" PUBLIC HEARING
NOllCE IS HEREBV GIVEN
that the CI~:.:nCII of the:
City 01 8001 will _ 0
public h..rlng on Monda,.
April 14. 2003, 01 7:00 p.m. In
the City Council Chambe,.,
211 E1g"'" lit-, __. .
Collfomlo, 10 -.._ Iho faI.
lowing lIomo:
. .
INmAL STUDVINEClATIVE
DECLARATION 03-1
GENERAL PLAN AMEND-
MENT 03-1, ZONE CHANGE
03.1:
SEAL BEACH BOULEVARD
L-c
- LAND USE ELEMENT AND
ZONE REVISIONS
~
rDodDplNeg_ D-"tIon
Q30.1 and 10 revillethe G8lI8f8I
Plan. Zoning Ordinance and
ZonIng Mop 10 oIlow lor lingle
family reaidentlal development
wlthfn those areas on 'Seal
--_imnod
Limited Commercial (l-c) or
Genafal Commercial (0-2).
These..... currenIIy dciw roe-
ldendal dEr_~._d onfy in can-
juncllon with on __ busi-
ness UN wtthln the L.oC zone
and do not allow residential
d__ old wIIhIo Ih. Co
2 zoned ....... PropIIIbes eu...
rently zoned C-2 would be
chonfjod ID L.c. Tho _"...dk..,
of Iti. L-C zon~ would b.
Dated at Seal Beach
this~day of
,2003.
Signature
PUBLICATION PROCESSED BY:
THE SEAL BEACH SUN
216 Main Street
Seal Beach, CA 90740
(562) 430-7555
changed tl) Llmlted-Cammer_
aaLlRuldenbal Medium Dens!-
Iy (L-clRMD).
Envlronmem.1 RevIew:
Ao IMIaI Study ond proposed
Nogobvo DocIaroJloo hove boon
clrcutaled for pubJlc l'8VIew and
comment.. Comments were
receIVed unbl March 17, 2003
and will be considered by the
CtIy Council durl~lIIlhelr pubJic
heating DO tho 1Ubj0Cl roquoola
Code SectIons:
ArbcIe 11.5. l.Jmited Commer-
ctol Zon.: SocIJons 29.2600 ID
28-2614
Appllcolll: .'
CltyolSoolBoOCll
llwnor:
Varfous private property own-
....
AI tho _ 8m. oncI pIoco 01
-_moybo_
I.._rod "you_....
proposed actions In court, you
I may be limited to raising only
tho.. Issues you or someone
else raised BlIhe publIC hsanng
-IrIt1isoollco,orlrlwrll.
ton__doINOlOdIo
IhoClly 01 SooI_oI, or prior
", tho public hoorl"ll.
DATEDTla241hdllyolMoltih, '
2003.
JooOIlO Voo. CIty Clerk
City 01 SooI Booch
Pub. S..I BolICh Suo JDUmoJ
4I:lI2l103.
Ordinance Number /.!'Of;
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 A8258~; 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:
4/J.H
all in the year 2003.
Proof of Publication of
I
...............................................
...............................................
'. . SUMMARY _ .
ORDINANCE NUMBER 1500
LANn USE. D~BIBN.11ON
- SEAl BEACH BOULE.
l'A8Il
COrdInance Number* the
IIy of Seal IIeach lIII18llds 1110
City 01 SoaJ Beach 2Dning Code
to change the land use desIg-
nation of the limited Cammer-
clol (L-cI2Dno to I.Jmll8d Com- '
marclalJResldentlal Medium
DonsIty (L C1RMD) for proper-
ties identified 8S .209 through
309 SoaJ IIeach BouJovord oiid
I'BVlSIS the development stan-
dards of the Limited Cammer-
c1aVR8SldenUaJ MBdlum Derud- .
IV (L,CIRMD) 20(10 (Zono roxt
A.mendment No. 03-1). Ordi-
nance Number 1500 was Intro-
duced under public hearing at
the regular City CouncJl meet.
.Ing of Apn114th. 2003 and firs....
-g -llppnlVOd by 1110 faj.
lowing vote. "
. '
IlYES: Antos, ConipboJl
. 'Dean 1.0 . ,
NOES: YOSI!l1 rlan
Motion carded ':~' ,I .
I Ofdlnance Number 1 sOO wfll
receive second reading and be
COnsidered tor adootfon at lI1e
regular meeting o( April 281h
2003:'.Coples of Qrdlnance
,Number 1500 018 ovoIlobIe from
1110 offlco of 1110 Clly Clork CIty
Hall,. 211 - 81h Stroot, Soo'
Booch; t~lophono (582) 431-
2527,. ..,.
., - ".' f
.DATED ThI.15111 doy of AprIl .
2003. _ ," "')., ", '
';....' . I
Joann,;' M. Y....i;Iiy all";
CIty of Sool Boach _ .
Pub. SooJ BOOCh Sun JoumoJ
ll4I24I2003. _
I
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Dated at Seal Be~A~~~ \
Ihis::i:r' - ~~ 2003.
Signature
PUBLICATION PROCESSED BY:
THE SEAL BEACH SUN
216 Main Street
Seal Beach, CA 90740
(562) 430-7555
I
Ordinance Number /~
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
I am a citizen of the United States
and a resident of the county afore-
said; I ?m 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 if; 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:
Proof of Publication of
...............................................
...............................................
0510s
all in the year 2003.
SUMMARY _
I ORDINANCE NUMBER 1600
I LAND "Sf! bI!SIGN4.nON
. - SI!Al BI!ACH -
BOULPV.aRD
Ordnance Nwnber 1500 of the
CIty of Seal Beach adopts Zone
Text Amendment 03-1 which
I ',*,",-the zoning desJgnallon
I of the Umited Commen:fal \L-C)
I Zone to Llm ted
CommerclallResldenbal Medi-
um Ilen8Ity lLClRMD) for prop_
I Brues Identified as 209 through
I 309 Seal Beach Boulevard, and
, revf888 the development stan-
dards of the LImited Cammer-
cfaUResJdenhal Medium Densi-
ty (LClRMD) Zone (Zono Text
t Amendment No. 03-1). Ordl-
. n.nee Number 1500 received
I second reading and was adopt_
I ed at the regular City Councfl
I mootmg of Apnl 28th, 2003 by
11I10foll.ll'Mng_:
r AYES: Antos. Campbell,
. Doane, l..anIon
NOES- None
ABSENr: Yost
. Motion corrtod
Copies of Ordinance Number
1500 are avaUliIble from the
ofIIco of tho City Clerk, CIty HaD,
211 ~ 8111 Stroot, Seal Boech;
tolophono (582) 431-2527.
DA~ Thio 29th doy 01 Apnl,
2003. '
Josooe M. Vea, City Cerk
City_of SooI Booch .
Pub. Seal Beach Sun JoumaJ
05108I2Oo3.
I
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Dated at Seal Beach, CA,
this e~!:: day of t'\Cl7. ,2003.
~~
Signature
PUBLICATION PROCESSED BY:
THE SEAL BEACH SUN
216 Main Street
Seal Beach, CA 90740
(562) 430-7555
I