HomeMy WebLinkAboutCC Ord 1429 1998-02-09
I
ORDINANCE NO. ~1
AN ORDINANCE OF THE CITY OF SEAL BEACH
AMENDING SECTION 28-400(B)(1) OF THE CODE OF
~ CITY OF SEAL BEACH TO ALLOW EXTERIOR
STAIRWAYS TO THE SECOND FLOOR ON SINGLE
FAMILY DWELLINGS IN THE RLD ZONE OF
,
PLANNING DISTRICT V WHERE THE DWELLING
HAS AN EXISTING SECOND FLOOR KITCHEN
THE CITY COUNCn.. OF THE CITY OF SEAL BEACH DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. At its meeting of December 17, 1997, the Planning
Commission considered and recommended approval of Zoning Text Amendment 97-4.
This amendment would change Section 28-400(b)(I) of the Code of the City of Seal
Beach to allow exterior stairways to the second floor on single family dwellings in the
RLD zone of planning district v where the dwelling has an existing second floor kitchen.
Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15305 and ~ II.B of
the City's Local CEQA Guidelines, staffhas determined as follows: The application for
Zoning Text Amendment 97-4 is categorically exempt from review pursuant to the
California Enviromnental Quality Act pursuant to 14 Calif. Code of Regs. g 15305 (Minor
Alterations in Land Use Limitations), because it consists of minor alterations in land use
limitations in average slope of less than 20"10 and does not result in any changes in land use
or density; g 15268 (Ministerial Projects) because the proposed zoning text amendment is
ministerial in nature; and, pursuant to ~ 15061 (b )(3), because it can be seen with certainty
that there is no possibility that the approval may have a significant effect on the
enviromnent.
I
Section 3. A duly noticed public hearing was held by the City Council
on January 26, 1998, to consider Zone Text Amendment 97-4.
Section 4. The record of the hearing ofJanuary 26, 1998 indicates the
following: ., ~ 11 I"i.~. d' ,
,~t)tq~X~~jp1i9~~ 1f~rlg~f1\J~<<:jwas oral and written testimony and
evidence rece~1d by the City Council. r '}
(b) The proposed text amendment will revise the City's zoning
ordinance and enhanc;e.the ability of the City to ensure orderly and planned development in
the City through an1unei1dment of the zoning requirements.
I ,1'.'..... ~
, '. ...~ \
(c)" ('Certain properti~ in the RLD zone of Planning District V were
originally consti-ucted with.second flt>8'r kitchens, The prohibition against exterior
'. r~
staircases to th~.groul}~1ey~l.creates. a/hardship on these properties.
'\ ...~ ~.~,~ .., I
S\.\:"~!t- 'L..' . d" h fi . ed' h d' I d'
ectlon.'S'rh Base upon t e acts contam m t e recor , mc u mg
those stated in ~4 ohhis'o~lIinanc<<;' and pursuant to fifi 28-2600 ofthe City's~, the
City Council makes the following findings:
I
(a) Zoning Text Amendment 97-4 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 amendment is administrative in nature and will not
result in changes inconsistent with the existing provisions of the General Plan.
(b) The proposed text amendment will revise the City's zoning ordinance
and enhance the ability of the City to ensure orderly and planned development in the City
through an amendment of the zoning requirements. Specifically, the City will have a
mechanism for allowing exterior stairways on properties with existing second floor
kitchens.
Ordinance Number ~
Section 6. Article 4. Paragraph (1) of Subsection (B) of Section 28-
400 of Chapter 28 of The Code ofthe Citv of Seal Beach is hereby amended to read:
"B. Prohibi~ed Uses (single-family dwellings).
(1) ~erior stairways providing access from the ground level and/or the
first floor to the second floor or above, when such stairways are not
specifically required by the Uniform Building Code. Excepting such I
stairways may be permitted through the building permit process in
Planning District V on properties with a second story kitchen existing
as of the effective date of this ordinance. In such a case, a covenant
shall be recorded on the Title of the property stipulating the property is
to be used only as a single-family dwelling.
l:fowever, exterior stairways may be permitted on single-family
dwellings located within identified flood zones upon approval ofa
consent calendar plan review by the Planning Commission."
Section 7. The City Clerk shall certify to the passage and adoption of
this ordinance, and shall cause the same to be published once in a newspaper of general
circulation circulated within the City of Seal Beach.
PASSED, APPROVED AND ADOPTED b~ity counc~ity of Seal
Beach, at a meeting thereof held on the - day of 1'4,
1998, by the following vote: ,
ABSENT: Councilmembers
I
,
AYES: Councilmll!'lbers
NOES: Counc~embers
STATE OF CALIFORNIA)
COUNTY OF ORANGE) SS
CITY OF SEAL BEACH)
/
I, Joanne M. Yeo, City Clerk of the City of Seal Beach, CalifOmia,~O he b rtify that
the foregoing ordinance is the original copy of Ordinance Number;' on file in
the office of the City Clerk, passed, approved and adopted ~ City Co cil of the City
o aI Beach, at a regular meeting thereof held on the . day of
98.
I
Ordinance Number~
PROOF OF PUBLICATION
(2015.5 C.C.P.)
This space is for the County
Clerk's Filing Stamp
I
STATE OF CALIFORNIA,
County of Orange
I
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 apjudged a newspaper of
gener.al circulation by the Su'perior
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: '
y<(
all in the year 1998.
Proof of Publication of
...............................................
...............................................
;"':: - . 'NOTlCEOF " "
. '. ~ PUBUC HEARING /. 'i'
. NOTICE IS HEREBY GIVEN aiatih'
'. Cfty.~oIthoCllvol_1l"!"'fI
,wllfl-.-....rlnaanMaIMlri.
Janu~ 28. 1818, at 7.00 p.m. In uNi ~
City Council Chambers 211 Eighth
Stree'iSe.1 S..clI..ciU'oi'nla ,to
r con...aar the following Item: 'r .
ZONING TEl5T ..,MENDMENT97-4
. RequIII: To COIlSIde; an amendment
I. Iolhe Code ot =of Sear Beach .
10 slOw extenor 'm the second
floor of reSld~nces in the RLD zone.
~ wlloohl~ have anginal, eXIsting, S8CC1nd
. r kitchens., .~. . ...!
,Environmental Fi.~few:'ThIS ~ect'
~c~~=~~~:1y ~X~~~.f~m ~~f~~
Cod. Section.: 28.2600~ -., ~. .
~~PPIIge~t: CIly of Sear ~~.... '.-"
At the.above rlm~ and place ell
Intere8led .persons may be h~ If
!JD_'.ycu~"",_
I achons In coul1, you may be IImlled 10
181SrGa'ly.............youlll''''''''''''''''
else raIsed allhe public hSBrlng-.
descnbed In,thls notice or In wrlllen.
COfr8spondence delIVered 10 Ihe,~r.
,ofSeal8each.al, orPfll)rlO,lhepubllc.
heanng.." '
, OATEOnu:12ihdavofJ~'199a,'
I' LB. Wh""'nio...', ".-'" ,-,'
'DJrectorQlD9lIeropinems8iVii:e'S' ",
" Ptb:s.",~Sui.Jciuir.J01/15.li1!'"
, , .
I certify (or declare) under p~nalty of
perjury that the foregqing is true and' .
correct.
I
Dated at Seal Beach, CA.
this \ 5" day of -\~'.' '. , 1998.
Q '0
-.. L..: ;0.. si~tu;:- OO:;~Q-
PUBLICATION PROCESSED BY:
THE SUN NEWSPAPERS
216 Main Street
Seal Beach, CA 90740
(562) 430-7555 . (714) 759-7726
'.
Ordinance Number I'~j?
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:
~5
all in the year 1998.
I
Proof of Publication of
...............................................
...............................................
-. SUMMARY. .
", ORDINANCE NUMBER 1429 .
ZONE TEXT AMENDMENT'
-' 97-4-EXTERIOR
STAIRWELLS ~ ORIGINAL
, SECOND FLOOR KITCHENS-
,0 SINGLE FAMILY DWELLINGS.
I' Ordmance Number 1429 of the City
, of Seal Beach amends the Code of the
.Clty of.Seal BeBch to allow exterior
, SlaiIC898S to the secmd fIooI of eXJSbng
, _..... n the Reodel1bal U>w Don...
Zone 01 PlanOlng Olstncl FMI. the Hllr.
College Perk East. and College Park
West. which have exl51ln~kTtchens
locaIed on the second floor Urcllnance
Number 1429 was Introduced at the
reauIar COY eau"c' meebng 01 Janu8IV
. 261:h. 199B and fmrt reading thereal
was approved by the follOWing vote ....
AYES Brown,'Camjibell. Forsythe: .
. . Fuhon' .<t. ~,~:f;.
f, NOES' None 'l -'~'f ,'''1..- ~.
" _ABSENT' Hastlng T:.' Mo!JOn earned "7
I ~ Ordinance Number 1429 will rece....e
second reading and be considered for
. adoption at the' regular Gd'y Council
meell~ofFebrul;ll'Y9th, 1998 CoPIes
. of~N\Jrntl8I'1429are8V8lratm
from the office of the City Clel1l., City.
HaD 211 E!a~tl Slreet, 5ealBeach,
telePhone (562) 431-2527 I -. '
. DATep thIS 271h day of.JanuaJy' 1998
Joanne M Vea, GrtY Clerk. ..
t'Qtyo!5eal8eBcl1_.-. -. .
published In the Seal Beach Sun
. 02/05198 "'.. -
I
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Dated at Seal Beach, CA,
this \0 day of f'~. , 1998.
4,. '" D. ,~\l :k;fl/}~ d
PUBLICATION pS~b~ESSED BY:
THE SUN NEWSPAPERS
216 Main Street
Seal Beach, CA 90740
(562) 430-7555 . (714) 759.7726
I
Ordinance Number I'~~
PROOF OF PUBLICATION
(2015.5 C.C.P.)
This space is for the County
Clerk's Filing Stamp
STATE OF CALIFORNIA,
County of Orange
lam a citizen of the United States
nd 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
Ithan 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 1998.
Proof of Publication of
...............................................
...............................................
.'"". ,"SUMMARY' ,:.......
~! ", . . ~ .'
ORDINANCE NUMBER 1429 .
. . 'ZONE TEXT AMENDMENT .'
. 97-4 - EXTERIOR - ,
'. STAIRWELLS - ORIGIN...... .
, SECOND FLOOR KITCHENS',
... SINGLE FAMILY' '.
, , ',DWEL!JNGS , ,
'~;Ordl~ Number 1429 ~ Ih~ Qay'.
. of Seal Beach amends the Code of
. the City a' SesI Beach to allow exte-
nor stBlrcas&S to the second floor of
exlsllng dwellings In the AesldenbBI
Low Density Zone"ot Planning DIStrk:t
. _Five. the Hal. College PllIk East, and
College Park West. which have exist-
Ing kitchens located OR,th. second
floOr OrdlnBl1C8 Number t4291'8C81Y8d
second readfng and was adDpfed at
. the regular City Council meeting of
'. February 9th, 1998 by the follOWing
'VOle. -: -..... ~
. AVES. Brown: campb,u: FOfI~he.
I" ".,Fulton, HSS!Jngs '~4l ~L ~
. 'NOES. None..: .,.. f ..... . ,...
.' ABSENT '.' ,', Mabon crmed :
.' Cop," of.Ordlnance Number 1429'
~. are available from the office of the CIty
,'- Clark, aty HalI211 Elgtnl1 81__
1":': Seach. telephone (562) 431:2527.' .
" 'DATED This' 10th day of Februa!y,
. 1998' " ... .
",'Joan~.M Y~.Cllyaerk
.~Clly'of~alBe~h ..... '.Il,~,""'':' ~
Published In ttie seef Seach' Sun
02/19198_.'.: ..: '~-'~:~~'~
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Dated at Seal Beach. CA.
this ,~ day of ".\).. , 1998.
~.P.. .."-,,,<- (L~~ ,0" Cj
Signature -
I PUBLICATION PROCESSED BY;
THE SUN NEWSPAPERS
216 Main Street
Seal Beach, CA 90740
(562) 430-7555 . (714) 759-7726