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HomeMy WebLinkAboutCC Ord 1442 2001-02-12 ORDINANCE NUMBER /i/J/-~ AN ORDINANCE OF THE CITY OF SEAL BEACH ADOPTING ZONE CHANGE 98-2 (ANAHEIM BAY VILLAS) I THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: Section 1. D. Bartlett Associates, on behalf of Ellen Musso, Et AI. ("Applicant") has submitted revised applications for a general plan amendment and zone change for the Anaheim Bay Villas project proposed for property located at 321 Seal Beach Boulevard, in the City of Seal Beach. The Applicant has submitted the aforementioned revised applications to a1l0w the construction of eight (8) single family detached residences on three parcels having twenty-six foot frontages, three parcels having twenty-nine foot frontages, and two parcels having thirty foot frontages. To achieve consistency between zoning restrictions set forth in the Applicant's proposal and the General Plan, as amended, the Zoning Map of the City of Seal Beach is proposed to be amended. Section 2. Pursuant to 14 Calif. Code of Regs. ~ l5025(a) and ~~ H.C 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 27, 1998 to September 17, 1998, in compliance with the provisions of the California Environmental Quality Act and the City's Local CEQA Guidelines. The Negative Declaration was reviewed by the Planning Commission at a public hearing held on September 23, 1998 in relation to the original land use proposal and again on November 18, 1998 in relation to the revised land use proposal. Negative Declaration 98-3 was reviewed and adopted by the City Council after a public hearing held on December 14, 1998 in relation to the revised land use proposal. I Section 3. A duly noticed public hearing was held before the Planning Commission on November 18, 1998 to consider the revised applications. At the public hearing, the Planning Commission invited and considered any and a1l testimony offered in favor or opposition to said revised applications. The Planning Commission determined to recommend approval of Zone Change 98-2, with the additional recommendation that the City Council consider minimum thirty-foot lot widths. Section 4. On December 14, 1998, the City Council conducted a public hearing to consider Zone Change 98-2. inter alia: Section 5. Based upon the foregoing, the City Council hereby finds, (a) Based upon substantial evidence in the record of the City Council hearings regarding the application, and in the environmental documentation prepared in conjunction with this project, and pursuant to ~~ 28-2600 and 28-2602 of the City's Code, the City Council hereby finds that proposed Zone Change 98-2, as revised by the City Council, will be beneficial to the short term and long term land use goals of the City of Seal Beach. The City Council further finds that approval of the subject applications, as revised by the City Council, wi1l promote the public health, safety and welfare. Therefore, the City Council finds that the requested zone changes, as revised by the City Council, will be in the public interest, and makes the following findings offact: I (b) The proposed Anaheim Bay Villas project, and the necessary ZoneChange, will not be detrimental to the short term or long-term goals or objectives of the ~ . Ordinance Number /~"'.2. City of Seal Beaeh and are in the interest of the public health, safety and welfare. The proposed zone ehange is eonsistent with the General Plan, as amended by General Plan Amendment 98-2. (c) The proposed zoning ehange will conform land uses to those set forth within the General Plan for the subject area, and provide a comprehensive development which accomplishes the f01l0wing goals of the City in achieving sustainable development on the subject property: . I (1) Creates a land use that is compatible and consistent with the prevailing pattern ofIand uses in the immediate vicinity. (2) Promotes the general integrity of the neighborhood by replacing declining and underutilized commercial land use with desirable, appropriately located residential uses (3) . Creates a comprehensive development program for under- utilized and potentially incompatible properties. (d) The proposed project will allow for a reasonable range of land uses on the subject property, recognizing the various site constraints discussed in the Negative Declaration, with the provision of various land uses to address the identified objectives of the City. (e) The proposed Anaheim Bay Villas Development Plan, as revised by the City Council, and the necessary zoning changes will not be detrimental to the short term or long term goals or objectives of the City of Seal Beach and are in the interest of the public health, safety and welfare. The zone change set forth herein is consistent with the General Plan, as amended. I Section 6. Based on the foregoing, the City Council hereby adopts Zone Change 98-2 and amends the Zoning Map of the City of Seal Beach as f01l0ws: Tract No. 10, Block 217, Lots 11, 13, 15, 17, 19,21,23,25 and 27 sha1l be zoned Residential Medium Density (RMD). Section 7. This Ordinance sha1l not be effective unless and until the City Council approves a Final Tract Map, Parcel Map, Lot Line Adjustment or an Agreement to a1l0w the construction of eight (8) single family detached residences on three parcels having twenty-six foot frontages, three parcels having twenty-nine foot frontages, and two parcels having thirty foot frontages. PASSED, APPROVED AND ADOPTED by the City C.o~i1 of the City of Seal Beac t a meeting thereof held on the 1:2 .. day of 2001. I -JlfJI,~1~ Mayor Ordinance Number I~~~ STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Joanne M. Yea, City Clerk of the City of Seal Beaeh, California, d~ebY certify that the foregoing ordinance is an original copy of Ordinance Number ;. ~ on file in the office 'I/~ the City Clerk, introd e at eeting held on the /. ..,. day of 1998, and passed, approved and ~Jted by the City Council e City of Seal Beach at a meeting held on the rJ day of 2001 by the following vote: AYES: Councilmemb NOES: Councilmember ABSENT: Councilrnembers ABSTAIN: Councilmembers and do hereby further certify that Ordinance Number / t/ 1"2,,, has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. . . 'h... . '. II \ t' I:.: ',,-{ ~ ( . .., : -- ,..- .) ( ...... v#:. , I . f ~ .:. -.. .... I I I PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, I Cou~ty of Orange- . I am a citizen of the United States and a resideht 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. 1 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 ~as 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: ~ ,ItJ, ~?p'? 'all in the year 1998. I Gertify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Seal Be~~ thisllJ day of .- I 1998. I ~ Si PU3U:ATION PR CESSED BY: THE SUN NEWSPAPERS 216 ~,'2in Street Seal.Beach, CA 90740 (562) 430-7555 . (714) 759.7726 Ordinance Number /~~.z. This space for ~or the County CIl,!rk'-s Filing Stamp Proof of Publication of ..1...'........,...."......................... ...............".............................. ~ - - PUBUC HEARING NOTICE N011CE IS HE~EBY GIVEN Ih."h. Chv CouncJI of the City 0' S..' Beach will hola ! · Public .H..rlng on Monday December - 14, 1998" .t 1:ocr p.rn. In the Chy Council 'c C""'lfomb8ta" 211 EIghth Str=o= Beach · m.. to caDITdei' ~ Item: I GENERAL PlAN AMENDMENT 98-2 . ZONe CHANGE 98-2_ '" 321 So8I Beach BaulIVlll'd - Reque..: To M1andlthe General Plan and I zomng from General CommerCial (C-2) 10 . Medium DenSlty-ReSldenllal CAMD) to P81rnh the futl!.re constructIon of eight (81 single family tiornes on parcels ranging Cn wlath I frQrn 25 feel 10 3D feet. Three lots are proposed With a 25-1001 WIde frontage and ' the'flve rem8llllng lots are ~ to b8 30- feet In Width '. ... '. ~, Environmental Review: This project Is ~~ be ~e~.8 ~I~ _Negative Code Sectlons:"28_700 28-1400 28-2500 - 28-2502; 28-2600 . . AppJICOrtI: 0 _1U1Ild Assoa.... Owner: Ellen G. Musso, Et AI . Allhe above lime and PIac8 all Interested persons may be heard If so deSired If you Challenge the P.roPoaed BCIIons In COl.Wt you may be limited 10 raising only Ulose IsSues you or someone else raised Bllhe public heanng descnbed In thiS notice or 111 wnnen correspondence delIvenid to the CIty of Seal Beach ai, or prIOr 10, the public heanilg DAlEO ThI8 30th day 0/ NlMImblr 1m Lsov.!lllt8nll8!ll. DIrector- . _. . - DIVlIopmom SiIv"'.Ileponm.,. Published In th8 Seal Beach Sun 12110/98.- Ordinance Number P/~.z PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, County of Orang~ I am a citizen of the United States and a resideht 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 ~as 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 ~han nonpareil), has been published ill each regular. and entire issue of said newspaper and not in any supplement thereof on the following da~~s, to-wit: 0/..e ~ , .;;' r/ all in the year 1998. I certify (or declare) under penalty of perjury that the foregoing is true and correc!. Dated at Seal Beac~ CA, thi~9 day of ~ 1"~..w-I1998. dSd C - 'gnature PU3U::::ATION PROCESSED BY: THE SUN NE\;VSPAPERS 216 Main Street SearBeach, CA 90740 (562) 430-7555 . (714) 759.7726 ThIs space for for the County Clerk"s Filing Stamp " , Proof of Publication of I ..........i.................................... ............................................... . ..... .: ..-.' \ .:-... . ~ ~'.SUMMARV_. -;' . ;' ORDINANCE NUMBER 1442 " ~ ZONE CHANGE 98-2...:. , ANAHEIM BAYVILLAS_- , ',321-SEAL BEACH" "; . " .', BOULEVARD . Ordin~c...Numl?i;: 1442 of the Crty ot.Seal.Beach'iltfopta 20ne change 98-2ch~lnli!he _land uses wlthm the sufiJect p~.rty located at;. 321 seal BeaCh Boulevard from.Gen- eral Commercial (C.2) to ReSIdential Medlum,Denslty (RMD) Cramance Number 1442 was mlrod,..ced 81 the 'regular Clly_,Councll meet!ng Qf I DeCemberl~lh.l998andll<st.._ was app~d by the foUow~"VOte, AVES: aOyd:Campben, Ooone, I YOII , :. : 'NOES None ,f .' ...:i - VACANcy, One , MOtion earned OIdlriance Number 1442 w.i receIVed second reading and be conSIdered for adi'Pbon BtiuCh hme as a Final Par- cel 'Map. Lot line AdJustment. or Agreement has reC81V8d City CoUnCIl ~provaI" Copies of Ordinance Numi-( ,bBr 1442 are'avallable from the office ,of Ihe City Clerk. City HaU. 211 . 8th Street. S8aI Beach: telephone (562) 431-2527 . ., "1 . ,:DATED THIS 15Ui day of December: '1998, 1.= ~.'. 'Joenne M Ve,t CIty' CI~~ . _" , 'CllyofSeal~ch"'": ,..' ~!~::eh~d In th.~ ~~~I.. ~~~~ ~un I I I I I Ordinance Number 1'4I~~ PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, County of Orange This space is for the County Clerk's Filing Stamp -j am a citizen of the United States and a r'esident 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 Oity of Seal Beach. County of "prange 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: -S ~1 <t' all in the ye r 1999, Proof of Publication of ............................................... ............................................... '-r--,-" ~ -SUMMARV ~ .~: _ :.'1.0RDINANCE'NUMBER 1442' ;. "",' -'ADOPTING ZONE '" - .'CHANGE 98-2 - ANAHEIM [f..,,-,_.,. '~YVILLAS I,. . '." .. . f . '._' .., Ordinance Number 1442 of the City L.. of Seal ~ adQpts zori, cnBnge lIS-2far PlOP8ny_at 321 saat "_'BouloVllld. changing Ihe pre- ..nt land use from a general com- .. merdat deslgnatlon.to a r8skfenbal ~'m.dlum density delignation. Ordl- :--nance Number 1442 n.cetvecfeecond f reading and W88 8!1_ by tho Cllv Councllld a ntgular meettng thereal , .~... tho 28th doyalJuno;lllllll by 'thofallowlng_' .- " ," , : AYES: Boyd, C<!mPboO.~, ' ." .I~ Snow;VOst . < .. '. NOES: None ..i.' ~ 'MotIon eamed . .,1. " .. ~ ttCoplu of Ordlnane. Number 1442 ".. '-lnmthO_oIIheQty tjC1ort< CI\y HolI. 211,- 8th Stroot. _ . _;'tolophono (582) 431-2527 DATED THIS 2llth d"yolJ;"" 11l1l1i: r' 0;,' h.,;-" '," -:\. rJOaMe'M;vliDfcitY Clirk; .~s.~~ "~ ~~ ~~~=.:hr~~;;f~~I:.~~~~~.~~~~ i7J8138...ti--. '-'.~"\ ~'!ilr ~ ~I "'1' ',10.0 . ....:.:,.. -' .".: '""'. --"";-~"'-"" . . I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Seal Beach, CA. this <& day of ~ Ar ,1999. Signature PUBLICATION PROCESSED I?Y: THE SUN NEWSPAPERS 216 Main Street Seal Beach, CA 90740 (562) 430-7555 . (949) 759-7726 Ordinance Number /91..2 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;,1 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 dales.IO-W~,h7 )tll all in the year 2001. I Proof of Publication of ............................................... ............................................... : - .-SEAL'BEACH', '- , , . PUBLIC NOTICES naI,OW22/200,_ . ' - - -," , SUMMARY. ORDIt.fANCE _ -' . NUMBER 1442 _ - ZONE CHANGE lllI-2 - _ - . ANAHEIM BAY VILLAS ,. OrdIlllnce Number 1442 of the- -CIty 01 Seal BellCh 1dapl8 zone -'_98-2lor~located.. 321 ~ea1 -BoUlevard, chang- Ing the Pf'8Hn11and use from . gen- -, eraI commBlClBl de8lgntdton to a nllHfentlllf medl~ ~d88fgna_ bon. OROn&nce Number 1442 . I'8C8fved second readN1g and was --1Idoptad by thB ~ CaUhcUilt the regular mll8trng theteof hekf on Feb- ,ruary 12th, 2llO1 by "'olo~ -,- - . I AYES: BOYD, CAMPBELL. DOANE, LARSON, YOST _ ' NDES: NONE - '. IIOTION'CARRIED : _ __ , Copoos 01 OnIlnanc:o Num"'" 1442 are 8VBIIBbIe from the office of the c;:.ty CIork, CIty Hall, 211 - 8th _ S_, SoO/ BllOCh; Iolophono (582r431-2527,' , -_ , DATED THIS 13'" day of Febru~ . 2001..' 1:. . .~..' ~I JoanneM. Yea ' ~. '., CItyClork, _, .,'. __ _ I'ubIIohod in tho SoaIIIooqh SuI Jour- I I certify (or declare) under penalty of perjury that the foregoing is true and co rrect. Dated a~' Beach, this.;r. ay of ' ,2001. ~ Sign PUBLICATION PROCESSED BY: THE SUN NEWSPAPERS 216 Main Street Seal Beach, CA 90740 (562) 430-7555 0 (949) 759-7726 I