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Home My WebLink AboutCC Ord 1520 2004-03-08 I I I ORDINANCE NO. /~ AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING CHAPTER 28 (ZONING ORDINANCE) OF THE SEAL BEACH CITY CODE PLACING A RESIDENTIAL CONSERVATION OVERLAY ZONE DESIGNATION ON THE PROPERTY LOCATED AT 308-310 7TH STREET IN THE CITY OF SEAL BEACH (ZONE CHANGE 04-1) THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: Section!. On December 13,2003, Chris Verhulst (the "Applicant") filed an application with the Department of Development Services for Zone Change 04-1 and Conditional Use Pennit 04-2 to the operate a Bed and Breakfast facility at the property located at 308 ih St and be designated within the Residential Conservation Overlay (RC) zone. On January 21, 2004, the Planning Commission of the City of Seal Beach approved the conditional use pennit, allowing the applicant to operate a Bed and Breakfast, and adopted a resolution recommending to the City Council that the Council approve the request Zone Change. Section 2. Pursuant to 14 California Code of Regulations ~15305 and ~lI(B) of the City's Local CEQA Guidelines, staff has detennined as follows: the application for Zone Change 04-1 for the proposed interior remodeling is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 California Code of Regulations ~ 15301 (Minor Alterations in Land Use Limitations), because the proposal involves a negligible expansion of an existing use; pursuant to ~15305 (Minor Alterations in Land Use Limitations), because the proposal involves a minor alteration in land use limitation and does not involve either a property in excess of 20% slope or a change in land use or density, Section 3. Based upon the facts contained in the record, and pursuant to ~~28- 850 - 28-856 and Article 26 of the City's Code, the City Council makes the following findings: a, Zone Change 04-1 is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a "Residential" zoning designation for the subject property and the Municipal Code permits Bed & Breakfast facilities in this zone subject to the issuance of a conditional use permit. The use is also consistent with the remaining clements of the City's General Plan, as the policies of those elements arc consistent with, and reflected in, the Land Use Element. Accordingly, the' proposed use is cOHsistenr}Vith~the General Plan, A(~\\P"~ }~,:" b.N~ .' , ",-J;~" I ~/i..:rhe'.n1"9p'osed change in use is consistent with surrounding residential anU ,commerciaru'ses. ~'.\ " . JI '-.... t - t".."",.....~ l . -, I r e" ' -T1ie.~uilding}lI1d propelty at 308 ih St. are adequate in size, shape, topography anl1.1ocation to m~ei the needs of the proposed use of the property. . ( , / "'.....,.,: , , d, -Reqilih:d adherence to applicable building and fire codes ensures there will be adequate water supply and utilities for the proposed use. e. This application will help accomplish the following City Goals to help protect the general health, safety, and welfare of the citizens of Seal Beach: Ordinance Number I~ I) Integrate the preservation of locally-signific~t historic structures into thc public and private land use managcmcnt and development process,: ' 2) Encourage preservation and complimentary new development within the existing "Old Town" area of the City. 3) Preserve diverse architectural styles reflecting the City's history and encouraging a more livable urban environment. 4) Stabilize neighborhoods through the preservation of locally-significant historic structw'es, 5) Encourage the rehabilitation and continued use of existing structures rather than their demolition, 6) Preserve, protect and cnhance strcetscapes and locally- significant historic structures. I Section 4. Residential Conservation Overlav Zone Designation Adopted. The Residential Conservation Overlay Zone designation is hereby applied to the property located at 308-310 Seventh Street, and more particularly described as: "Lot 8 and 10 in Block 207 of l' met Stanton & Lothian's First Addition to Bay City, in the City of Seal Beach, County of Omnge, California, as per map recorded in Book 3, Page(s) 29, of Miscellaneous Maps in the Office of the County Recorder of said County." Section 5. Sevel'ability. [f any section, subsection, subdivision, paragraph, sentence, clause or phrase 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, in-espective of the fact that anyone or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional. ' Section 6. In no case shall any provision of this ordinance supercede, limit, restrict or affect the requirements of the unifonn building code, I PASSED, APPROVED AND ADOPTED by the City C~RiI of the City of Seal Beach ~ meeting thereof held on the t:f '- day of '4A..A~ ,2004. I --/J ~ '" ~ (jd' ,,, M I. , " Mayor ~ City of Seal Beach ATTEST: I ST ATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, JOaIUle M, Yeo, City Clerk ofthe City ofScal Bcach, Ca1iforn~~ hcreby certify that the foregoing Ordinance is aIIOliginal copy of Ordinance Nwnber& ~ on file in the office of the City Clerk, introduced at a meeting held on the dl.3~ day of Ordinance Number ;I~~ 004, and passed, approved and adoP~JJ! the City Council at a meeting held on the - day of 2004, by the following vote: AYES: Councihnembers' ~ NOES: Councihnembers I ABSENT: Councilmembers ABSTAIN: Councihnembcrs and do hereby further certify that Ordinance Number /$;20 has been published pursuant .. tlre ~'" Ci~ """ ....""'00 Nwnha 283. City I, J .. ,. I Ordinance Number ;I~ , PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, County of Orange This space is for the County Clerk's f:iIlng Stamp 'I I am a citizen of t!1e 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 ofthe~,a newspaper of general circulation, printed and published ~ 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 Califomia, under the date of ~. Case Number p.B2S6S; 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: '?/L( all in the year 2004. Proof of Publication of ..---rIlTl'-'lTl"r-TT ----1'1 - ...,1 -... """""'1 [ - - ..r.rf-A.---........, - .' ,-" . ---. . ,-,SUMMARY,' , ORDINANCE NUMBER'l520'l .- RESIDENTIAL CONSERVA- ~ liON OVERLAY ZONE - 308-_ '. 3jo 7th STREET- BED and " "REAKFAST - ZONE 'r I' CHANGE ~1'. ..-, . , Ordnr<o Nurmer1520PIaoes a R~a1Conservab Over- lay ZOne doslgllaUon on tho prop- erty_al3Oll ,310 7th Slraet to operate a bed and breakfast facility. Ordinance Number 1520 was lflIroduced allhe ragular Cdi Coun::11 meebng of February 23 .2004 and 'Ifst reading wa~ I ' approved'by tha following _:, i - ~ AYES Antos; Campbell Doane, larson, yost . ' I ~. NOES" None, MotIon cehted Ordinance Number 1520 will' receive second reading and be considered for adoption at Ihe ragula. Cou1cI1_ of MIlICh' 8th, 2Q04. CopIes of Ordinance .. I Number 1520 are avBllable from 'tha oftlca of tha City Clork, City Hal, 211 - 8lh SInIal, __ . .tB\ophona (562) 431-2527,' ',' , !,DATEDi1'iIS.-,dayolF& . ruafy, 2004.,~ - : ~ ~~"JoBnOe7YeO: CIty.Clerk....q .~'City'of Seal Beach ".'t" . ~', \ . ; Seal Beach Sun 314f.2004.\~,l.... I certify {or declare} under penalty of perjury that the foregoing Is true and correct. Dated at Seal Be~ CA this-=t...-dayof av~, 2004. ~t~ 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,) I 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 I 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: 5/11 Proof of Publication of ............................................... ............................................... all in the year 2004. SUMMARY , ORmNANCENUMBER1aQ. - RESIDENTIAL CONS~RVA_ nON OVERLAY ZONE" 31ll1- 310 71h STREET- BED and . 'BREAKFAST - ZON~ " CHANGE 04-1 . '. '\ ' OnfInance Number 152(lplaces a _ Consorvaocri Over. . lay Zone::r: aIM".. tho piop-'. .rty locate at 308 ~ 310 7th I ,Slnieflo_abedard_ fasI facfkty: Oidlnance NUmber ..1520 received second reading . Bnd was adopted at the I'8gutar I I CIty CounCil meeting of March I 181h, 2004 by "'. following vote:: I . .. . ~.' . AYES. ," I . '. ,01' '. .~ l- i Antos, ,Campbel', Doane; Lar.'/ . IOn Yost" . '''1.1. Il, NOES:" ,P"'I oj !:" .:.:. . None, Molton carrfod' /.. .. I Copies of Ordinance Number! 1520 ant._1rom tho oIIIco 01111. City CI.rk, City Hall, 211 ' . - 8th Slreet. Seal Beach, tele- . Phon. (562) 431,2527., '" f ~~~T~IS~~,d~~~~~ill . Joann. M. Yoo, C~ Cl.rk " I gty of Seal Beach..1"I" , . SEilL BEACH SUN 3/11l12Oo4 ! ....,... I I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated~ Seal Be~ this f6 day of , 2004. I Signature PUBLICATION PROCESSED BY: THE SEAL BEACH SUN 216 Main Street Seal Beach, CA 90740 (562) 430-7555