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HomeMy WebLinkAboutCC Ord 1430 1998-02-09 ORDINANCE NO./~ AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING SECTION 28-1300(7) BY ADDING "UP TO TWO (2) BULIARD TABLES IN CONJUNCTION WITH A RESTAURANT' AS A CONDITIONALLY PERMUTED USE IN THE SERVICE COMMERCIAL ZONE (C-l) THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY ORDAIN AS FOLLOWS: I Section 1. At its meeting of December 3, 1997, the Planning Commission considered and recommended approval of Zoning Text Amendment 97-5. This amendment would add a new conditionally permitted use to Section 28-1300. The new use, "Up to two (2) billiard tables in conjunction with a restaurant", would be allowed in both the C-l and C-2 zones, subject to a.conditional use permit. Section 2. Pursuant to 14 Calif. Code of Regs. fi 15305 and fi U.B of the City's Local CEQA Guidelines, staffhas determined as follows: The application for Zoning Text Amendment 97-5 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif, Code of Regs. fi 15305 (Minor Alterations in Land Use Limitations), because it consists of minor alterations in land use limitations in average slope ofless than 20% and does not result in any changes in land use or density; fi 15268 (Ministerial Projects) because the proposed zoning text amendment is ministerial in nature; and, pursuant to fi 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 environment. Section 3. A duly noticed public hearing was held by the City Council on January 26,'1998,10 consider Z~ne'Text Amendment 97-5. Section 4. The record of the hearing ofJanuary 26,1998 indil;lltes the I following: (a) At said public hearing there was oral and written testimony and evidence received by the City Council. (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. (c) Up to two (2) billiard or pool tables as a secondary use to a restaurant is appropriate for and in keeping with the uses allowed in the Service Commercial zone (C-l). The use, when properly conditioned through a conditional use permit, is similar in nature to other uses conditionally permitted in the C-1 zone, such as coin-operated amusement devices and entertainment cafes. Section 5. Based upon the facts contained in the record, including those stated in fi4 of this ordinance and pursuant to fifi 28-2600 ofthe City's Code, the City Council makes the following findings: (a) Zoning Text Amendment 97-5 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. I (b) The proposed text amendment will revise the City's zoning ordinance and enhance the ability ofihe 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 reviewing and conditionally permitting up to two (2) billiard tables in conjunction with a restaurant. I I' 1 Ordinance Numberl'~a (c) Up to two (2) billiard or pool tables as a secondary use to a restauflIIlt is appropriate for and in keeping with the uses allowed in the Service Commercial zone (C-l). The use, when properly conditioned through a conditional use permit, is similar in nature to other uses conditionally permitted in the C-1 zone, such as coin-operated amusement devices and entertainment cafes. Section 6. Article 13. A new subparagraph (k) of Paragraph (7) of Section 28-1300 of Chapter 28 of The Code of the City of Seal Beach is hereby added to read: "(k). Up to two (2) billiard tables in conjunction with a restaurant." 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~ City Council Beach, at a meeting thereof held on the - day of 1998, by the following vote: AYES: NOES: Councilmembers ABSENT: ,Councilmembers -, ATTEST: STATE OF CALIFORNIA) COUNTY OF ORANGE) SS CITY OF SEAL BEACH) I, Joanne M. Yeo, City Clerk of the City of Seal Beach, California, i ~y certifY 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 Council of the City of Beach, at a regular meeting thereof held on the day of 1998. Ordinance Number ;I~ PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, County of Orange 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 r,natter. 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; thai!. the notice of which the a'~ne,t 'd is . (~ printed copy (set in tY'p;f;lJw>i~~ (,(jp'~ vi,! than nonpareil), has?been published\) / 7 ~. in each regular and entire issue of said newspaper and not in any supplement thereof onrthe':'fOfIOWiOl\9 dates, to-wit: ~,,<$~"\'''' .;1!~A' ,....,/...,... , \'~' ,..... ,. ., .~ 0' ( L-;':..- 1{ ':\~ all in the year 199f,\~ ',~~J.YX,jlf ~ ','-Q( ,., I certify (or declare) u:~)iEi~Y:Of perjury that the foregoing Ts1rue and correct. Dated at Seal Beach, CA, this \ ~ day of -i- . , 1998. ~~~ ....~~s~n~~;~Or.!.d PUBLICATION PROCESSED BY: . THE SUN NEWSPAPERS 216 Main Street Seal Beach, CA 90740 (562) 430-7555 . (714) 759-7726 This space is for the County Clerk's Filing Stamp I Proof of Publication of ............................................... ............................................... ..............--.... .'. . ,.NOTICEOF -, .' . r .: PUBUC HEARING: . . NOTteE IS P.lEAEBVGIVEN thlltthe I CI\y CaunGII 011110 CI\y 01 Seel EIooch ,wllrhald 0 pubhc hoe""" an Mondoy, "anu~ a. 1$ea. at 7:00 .m. In 1M I City CounCil Ch.mbll....111 Eighth I Stre.liI S..' B..~~, California, to t conel .r the follOWIng Ilem: ' , [, ZONING TEXT AMENDMENT 97,5- '.. BILJ.IARD TABLES AS' CONDITIOHALL Y PERMITTED USE IN SERVlCE'.- , . : COMMERCIAL (C-1l ZONE - I Reque.l: A request to amend the Zoning Ordinance to allow billiard - tables, up to a maximum of two (2) tables, as a condltlonallv"perrmtted , use In the C-t, Service COmmercial 'r" zone A conditionally permitted use would require the approval by the f ~ CommiSSIon cia CondlhonaI I Use Permit for a s~lfJc SIte, after I' a noticed publiC hearing, for such a ,use to bi estabDshed INIIhln the City . .- - EnvlronmBntaI Review: This ~rOlect: " IS ca"go~loaIly exempt from, CEOA IlMBW , . Code SlIGtlon.: Chapter 28, Article 26 of !hB ~OdA of 1M ~Itv of SAaI lluoIi ' . . , Aj:KJIIc:aril: City of Seal Beach - At the above lime ahd place all t1iteresled persons' may be heard If . sod_ NyouchaUel1g01he_ adIOf\s In court:, you may be IimI\ed to . I'BISIIlI only Ihosa ISIlUEI8 YQl! or someone I els_Jalsed at the publiC hearing I descnb8d In this notlCB, or In written I correspQf1dence delN8J8d to the City.. I of Seal Beach ai, or pnorto;.the publIC ',hearing" ' .... 'tl . ::.t ,- I DATED1h.121hdayof~1998 "l.ooWhlltenboril. -.,' , . . . Director of Deveropment Se~eB Pub Seal Beach ~un JounaI 01~!WE! I I Ordinance Number I'~~ PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, County of Orange II 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 I 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: J/~ This space is for the County Clerk's Filing Stamp Proof of Publication of ............................................... ............................................... " . ',. .: . :SUMMARV ;.'. ," ORDINANCE NUMBER 1430' ZONE TEXT AMENDMENT 97-5 - BilliARD TABlES- . SERVICE COMMERCIAL ZONE " Ordinance Number 1430 of the City .of Seal Beach emends the Code oftha . CIty. 01 Seal Beach to allow up to two I. (2) bdllard tables In conlnctlon with I 'restaurant as a concllllonally permitted \use In the SeMce CommerCial (C-1) .~ -Zone- Ordinance Number.1430 was' ~ Introduced at: the" regular City Council '''''meetJngofJanuarv26th 1998 and was '.:.. approved by the follOWIng vote . r. . :. AYES Brown, CampbQlI. Forsythe, ," . ,Fulton. .' _ - NOES: None, "':' '. . ABSENT' Hpbng , . M9IlOn earned Ordinance Numbir 1430 iMll receive second readlry9 and be considered for adoption at the regular Glty_ Council meebng of Febru;,vy 9l!1.J9B8 CollIes 01 0rWfance Nl.I1tl8r 1'WU are avad'abIe , from the offtce of the City Clerk, City l~ Hall, 211 Eighth Street, Seal Beach, r telephone-(562) ,431-2527 ,.,' r', " \ DAlEO 111. 271h IIay '"_, 1998. I Joanne M Yeo, City Clerk ~. ., . lClly of Seal Beach ' ".... Published In the Seal Beach:Sun\ O~_,."" " all in the year 1998. I certify (or declare) under penalty of perjury that the foregoing is true and co rrect. Dated at Seal Beach, CA, this '\0 day of V:~, ,1998. Jt.&",.n. d\J. &'.!.l.Q~ I PUBLICATION pS~~CE~~ED BY: THE SUN NEWSPAPERS 216 Main Street Seal Beach, CA 90740 (562) 430-7555 . (714) 759-7726 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 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 riotice 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: :0" all in the year 1998. I Proof of Publication of ............................................... ...._.......................................... . ,_or }oF-", -.. ...,,; .....- .~ 'SUMMARV ' ~. .~. .' ORDINANCE NUMBEil~1430' . ZONE TEXT AMENDMENT. 97.5 - BILUARD TABLES- . - SERVICE COMMERCIAL ' : .~ :: It .ZONE.. ." ",: - Ordmance Number 1430 of the City . of Seal Beach amends the Code of . the CIty of Seat Beach to allow up to two (2) billiard tables In conlnctlOn Vl/I1h a restaurant as a conditIOnally permlt- led use.n the SGMce CommerCIal (C- 1) Zone. Ordinance Number 1430 received second reading and was adopted al the regular Cltv.Councll -meeting of February 9th,.l99B by the follOWIng vote. ..", . AYES 'BroWn, Campbell..For;yth~. : . Fuhon. Hastings ~. . . . NOES None . -;~",. ABSENT' ... - . Motion earned, , Cap!es of Ordinance" NumbS; .1430 are available from the ofhce of the Qty CIerl<:QIy Hall. 211 E<gh\h _. Seal Beach.lelep'hone (562) 431-~27 DATEOTIlIs 10th day of February, ,1998 Joanne M Yea, Cny. Clerk' ..", ." " Clty.otSealBeach -4... '. ..\." - Pubhshe'd In the Seal Beach~Sun 02/1919.8 .....,~. ',~.\, . .,..;-;.,:' :- I I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Seal Beach, CA, this \ G day of f,. \h. _ , 1998. . ~ ~~I" '~~~n~t;efL~~~ PUBLICATION PROCESSED BY: - THE SUN NEWSPAPERS 216 Main Street Seal Beach, CA 90740 (562) 430-7555 . (71.4) 759.7726 I