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HomeMy WebLinkAboutCC Ord 1380 1993-12-13 ORDINANCE NUMBER!-'8o AN ORDINANCE OF THE CITY OF SEAL BEACH APPROVING ZONING TEXT AMENDMENT 92-6, AMENDING SECTIONS 28-400, 28-401, 28-700, 28-800, 28-2316,2(H) AND ADDING SECTION 28-233.1 OF THE CODE OF THE CITY OF SEAL BEACH I THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY FIND AS FOLLOWS: WHEREAS, Zoning Text Amendment 92-6 is made up of four separate text amendments. Specifically, the four amendments are as follows: 1. Amends Sections 28-400, 28-700, and 28-800 to prohibit exterior stairways on single family homes in all residential zones, when not specifically required by the Uniform Building Code, This amendment would also allow for exterior stairways on single family homes in identified flood zones upon Planning Commission approval; 2. Amends Section 28-401 to establish specific setback, height, size, and openable area requirements for detached accessory structures in the Residential Low Density (RLD) zone; 3. Amends Section 28-23l6,2(H) to increase the allowable height for property line fences from eight (8) feet to ten (10) feet adjacent to those certain locations specified in the subject Section of the~; and I 4. Adds Section 28-233.1 to add the definition of "fence" to the~; and WHEREAS, duly noticed public hearings to consider these matters were held before the Planning Commission on August 19, September 9, October 21, 1992 and April 21, 1993; and WHEREAS, upon the conclusion of the Public Hearings the Planning Commission approved Resolution No. 93-44, recommending approval of Zoning Text Amendment 92-6 to the City Council; and WHEREAS, Staff has determined that Zoning Text Amendment 92-6 is categorically exempt from review under the California Environmental Quality Act pursuant to 14 Calif. Code of Regs. ~ 15305 (Minor Alterations in Land Use Limitations), because it consists of minor alterations in land use limitations in areas with an average slope of less than 20%, which do not result in any changes in land use or density; and, pursuant to ~ l5061(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; and WHEREAS, based on the evidence, both written and oral, submitted at the public hearings I before the Planning Commission, the Planning Commission made the following findings: (a) Zoning Text Amendment 92-6 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 amendments are administrative in nature and will not result in changes inconsistent with the existing provision~ of the General Plan.; I I I Ordinance Number /~fJ; (b) The prohibition of exterior stairways in conjunction with single family dwellings, when not located in a designated flood plain, will reduce the opportunity for the establishment of illegal dwelling units; (c) The establishment of specific setbacks for non-habitable, detached accessory structures in residential zones will allow for the construction of . such structures within the rear yard setback to allow for additional privacy and sound attenuation within rear yards of residential properties; (d) Increasing the allowable height of property line walls from eight (8') feet to ten (10') feet in those areas specified in f28-23l6.2(H) ofthe~ will allow for additional privacy and sound attenuation within rear yards of specified properties abutting major arterial streets and large vacant areas; (e) The addition of a definition of a fence will clarify ambiguity as to which structures constitute a fence under the provisions of the ~; (f) The proposed text amendments will not result in any significant adverse impacts; and WHEREAS, the City Council held a duly noticed public hearing on Monday, November 22, 1993; and WHEREAS, the City Council received into evidence the Report of the Planning Commission, including the Staff Reports of August 19, September 9 and October 21, 1992 and April 21, 1993, Planning Commission Resolution No, 93-44, and the Minutes of the Planning Commission meetings of August 19, September 9, and October 21, 1992 and April 21, 1993. In addition, the City Council considered all written and oral evidence presented at the time of the public hearing; and WHEREAS, at the conclusion of the public hearing, based upon the evidence presented, the City Council determined to approve Zone Text Amendment 92-6. NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Seal Beach does hereby approve Zone Text Amendment 92-6, and amend Chapter 28 of the Code of the City of Seal Beach as indicated below: Section I, Article 4. Section 28-400 of Chapter 28 of The Code of the City of Seal ~ is hereby amended to read: .Section 28-400, A. Permitted Uses (I) One dwelling unit on each lot of record; (2) Accessory buildings or structures including private garages to accommodate not more than three automobiles; (3) Flower and vegetable gardening; (4) Animals and fowl as provided in Chapter 3 of this code; (5) Home occupations; (6) Twenty-four hour foster care homes; (7) Small family day care homes, caring for up to six children. Ordinance Number /j8o (8) Mobile homes in a mobile home park established by the issuance of an unclassified use permit; (9) Swimming pool used solely by persons residing on the site and their guest: (a) Pool setbacks: (i) Side property line - 4 ft. I (ii) Rear property line - 4 ft. (b) Mechanical pool equipment: (i) Setback one (I) foot from property line and ten (10)" feet from neighboring residence, or eight (8) feet from neighboring residence with sound attenuation approved by City staff. (ii) Heater vent not to extend more than 6 inches above the nearest wall or fence. (10) The following uses subject to the issuance of a Conditional Use Permit: (a) Public utility buildings; (b) Private churches, museums, libraries, schools and colleges; (c) Second dwelling units provided that the following conditions are satisfied: I (i) . (ii) (Hi) The lot or parcel contains an existing single family detached dwelling unit (the "primary dwelling unit") and the second dwelling unit is located within the existing living area of the primary dwelling unit. "Living area" means the interior inhabitable area of the primary dwelling unit, but does not include garages or accessory structures. The second dwelling unit provides complete, independent living facilities for one or more persons and includes permanent provisions for living, sleeping, eating, cooking and sanitation. The second dwelling unit shall comply with all height, setback, lot size, parking, and other applicable zoning requirements of this chapter, (iv) The second dwelling unit shall not be sold, transferred or assigned separately from the primary I dwelling unit. The owner of the lot or parcel shall record a deed restriction to this effect within thirty days after the approval of a conditional use permit for the second dwelling unit. (v) The applicant for the conditional use permit shall be an owner-occupant of the lot or parcel upon which the primary dwelling unit is situated, I I I Ordinance Number ~~l1" , . . . (vi) Any other conditions imposed by the Planning Commission or City Council pursuant to Article 25 of this Chapter which are not inconsistent with the provisions of Government Code Section 65852.2; and (d) Large family day care homes, caring for seven (7) to twelve (12) children subject to the following regulations: (i) Seventy-five (75) square feet of outdoor play area, and thirty-five (35) square feet of indoor play area shall be provided per child. The outdoor play area shall be contiguous usable area, enclosed by a six (6) foot high masonry wall. Any gate entry shall be securely fastened and self-closing. (ii) Large family day care homes shall be operated in a manner not exceeding the noise levels of the City of Seal Beach Noise Ordinance, nor shall such day care homes be operated in a manner that constitutes a noise nuisance to neighboring properties. (iii) A permit shall not be granted for a large family day care home that would be established within a 300 foot radius of any existing licensed large family day care home, and within 500 feet of an existing licensed large family day care home on the street for which the home is proposed, (iv) All large family day care homes shall comply with all regulations adopted and enforced by the State Fire Marshal and the Orange County Fire Department, (v) The applicant shall submit a copy of the Orange County Social Services License prior to the operation of the day care facility. (vi) The applicant shall obtain a City business license prior to the operation of the day care facility. (vii) In addition to the two required covered parking spaces, one on-site parking space shall be provided for each employee other than the operator, and one drop-off-pick-up space shall be provided on-site or immediately adjacent to the subject property, Pursuant to Government Code Section 65852.2, the City Council finds that the second dwelling units permitted by this ordinance are deemed not to exceed the allowable densities for the lots upon which they are located and that sllch dwelling units are residential uses which are deemed to be consistent with the City's General Plan. B. Prohibited Uses (single-family dwellings) (I) Exterior 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. Ordinance Number /~~O However, exterior stairways may be permitted on single family dwellings located within identified flood zones upon approval of a consent calendar plan review by the Planning Commission" Section 2. Article 7. Section 28-700 of Chapter 28 of The Code of the Ci~y of Seal Beach is hereby amended to read: .Section 28-700, I A. Permitted Uses (I) All uses permitted in the RLD Zone, (2) Medium density residential uses. (3) The following uses subject to issuance of a Conditional Use Permit: (a) Parking lots established in conjunction with the use of nearby lots zoned commercial; and (b) Conversion of existing apartments into condominiums. B. Prohibited Uses (I) Unless otherwise permitted in Subsection A, all uses prohibited in the RLD zone." Section 3, Article 8. Section 28-800 of Chapter 28 of The Code of the Ci~y of Seal Beach is hereby amended to read: I .Section 28-800. A, Permitted Uses (I) All uses permitted in the RLD and RMD zones; (2) Apartment houses; (3) The following uses subject to issuance of a Conditional Use Permit: (a) Hotels lawfully existing on January I, 1987, provided that a conditional use permit is granted therefor on or before January I, 1988; (b) Fraternity and sorority houses; (d) Residential board and care facilities for not more than fifteen persons; and I (c) Private clubs; (e) Residential complexes of 150 units or more may be permitted accessory commercial uses subject to the following conditions and limitations: I I I Ordinance Number ~~tpt) I. All uses and services shall be designed for the specific convenience of the residents and their guests. 2. All uses shall be conducted wholly within an enclosed building. 3. All access to the accessory use shall be from a lobby, patio, courtyard or interior walkway. 4, No signage for such accessory use shall be visible from any public or private street. 5. A valid City business license shall be obtained for all operations; and (4) Other similar uses which, in the opInion of the Planning Commission, would not be detrimental to the neighborhood in which such uses would be located. B. Prohibited Uses (I) Unless otherwise permitted in Subsection A, all uses prohibited in the RLD and RMD lones. " Section 4. Article 4. Section 28-401(2) of Chapter 28 of The Code of the City of Seal Beach is hereby amended to read: "(2) Provisions varying by district. (a) Maximum lot coverage: District I District II District V 60% 45% 45%** (b) Yard Dimensions (Minimums): Front Yard Abutting Street - District I Districts II & V 18 ft, 18 ft. front entry garage"* 10 ft. side entry garage Side Yard Abutting Street - Districts I, II & V 15% lot width; Maximum required 10 ft. ** Op~n p.ttiu covers IJ~rmill~d which do~s not exceed five percent of the lot area. College Park East. *** Livin~ Hr~i1 mUl'it uh~rve eighteen-foot front yard setback. except over a side entry garage where the living ar~it may cmcrmu.:h to thl: front wall of the buildin1!, and in no case less than ten feet from the front prulJerty line. Ordinance Number ;I~~ Rear Yard Abutting Street and other Area Specified in Section 28- 2316,2.(H) - Districts I & II District V (I) 10 ft, 10 ft., except for the following: Detached covered patio roofs, gazebos (over 50% of perimeter open) and sun screens (over 50% of perimeter open) are permitted within five (5') feet subject to the issuance of a building permit. Such structures shall have a maximum height of twelve (12') feet when located within ten (10') feet of the rear property line, are subject to the maximum lot coverage requirement, shall have a maximum covered area of 200 square feet and a maximum perimeter dimension (on anyone side) of fifteen (15') feet. I (a) Subject to the issuance of a conditional use permit, and bound by all conditions of paragraph 1 above as well as any conditions imposed through the issuance of the use permit, the above listed structures may be constructed to the rear property line, (2) Detached accessory structures, excluding garages and habitable rooms, may be approved by the Planning Commission subject to consent calendar plan review approval. Such structures shall have a maximum height of twelve (12') feet when located within five (5') feet of the rear property line and are subject to the maximum lot coverage requirement. I Side Yard Not Abutting Street: District I District II and V 10% lot width; Minimum required 3 ft. 5 ft. Rear Yard Not Abutting Street: District I (I) (2) District 11 96 ft. Balcony and walkway may extend ten feet into this yard. Detached accessory structures, excluding garages and habitable rooms, may be approved by the Planning Commission subject to consent calendar plan review approval. Such structures shall have a maximum height of twelve (12') feet when located within ten (10') feet of the rear property line and are subject to the maximum lot coverage requirement. Additionally, such structures shall have a maximum covered area of ISO square feet and a maximum perimeter dimension (on anyone side) of twelve (12') feet. I 10 ft. I I I Ordinance Number ~~ District V 10 ft.; 10 ft., except for the following exceptions: (I) Detached accessory structures, excluding garages and habitable rooms, may be approved by the Planning Commission subject to consent calendar plan review approval. Such structures shall have a maximum height of twelve (12') feet when located within ten (10') feet of the rear property line and are subject to the maximum lot coverage requirement. Additionally, such structures shall have a maximum covered area of 150 square feet and a maximum perimeter dimension (on anyone side) of twelve (12') feet, Section 5. Article 23. Section 28-23l6.2.(H) of Chapter 28 of The Code of the Ci~y of Seal ~ is hereby amended to read: U(H) Ten (10) Foot Fences. In the following cases, ten (10) foot high fences may be constructed where six (6) foot fences are permitted by this chapter: (I) (2) Between commercial and any residential land; Along the following streets: Almond Avenue Balboa Drive from Pacific Coast Highway to Bolsa Avenue Bolsa Avenue First Street Lampson Avenue Marina Drive Pacific Coast Highway San Diego Freeway Seal Beach Boulevard Westminster Avenue Properties which back to the l-605I7th Street Connector Properties which back to Beverly Manor Road (3) For Security in the Following Areas: Back yards of Hill homes adjacent to vacant Hellman land and Gum Grove Park; East Flood Control Channel, College Park East; Edison Park; and West fence of Leisure World. Section 6. Article 2. A new Section 28-233.1 of Chapter 28 of the Code of the City of Seal ~ is hereby added to read: .Section 28-233. I Fence, A freestanding device, structural or natural, forming a physical barrier by means of wood, mesh, metal, chain, masonry, brick, slate, plastic, l\.I~ouvered gla~..q,J;,~h~,similar material. For the purposes of this section a post, wood, lifmetal or oth'i!I,I~sl!nea for use as a physical barrier, shall be considered a fence." ... Ordinance Number ~ PASSED, APPROVED AND ADOPJrD by the City CouO(~~t:he Cit~ Seal Beach at a meeting thereof held on the 1.;3 - day of "" I.'h ~ , 1993, ' r<:1.1--./~ ~~ <:: l\iJayor CITY OF SEAL BEACH I STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF SEAL BEACH } } SS } ~~""I."'\'\\ $ f SEAL \111 ..:?"" 0 ........ 8", I" ;~ ...(,o.po"..'~..~(' 'I. .# c.; ..,~ '''0'. ~ ~ ~ : . ,.~ f:I"'.~' '1,.jcQ. ~ . . ~ ~ 0 : : -c~ Z\,a\~ o.;~~ ':._ o. '0 ...... ~ i: ,,-~. .( ':'.' O~ ,..;.... · 27 ,q . ... - .....-.0 ... "'::: "II ~ ....... .-.\,:.::- It\\.?UNT'f ,c.,..s::- ,,"~~ I, Joanne M, Yeo, City Clerk of the City of Seal Beach, California, do hereby certify that the foregoi Ordinance is an original copy of Ordinance Number /.5~ on file in the office ofUh I ity Clerk introduced at a meeting held on the _~~ day of , 199~, and passed, appr.v.vfjJ and adopt~y the City Council of the Ci of Seal Beach at a meeting held on the /$ - day of ....$ g'.lIJ'}?!~'/' 199 L I by the following vote: AYES: Council members NOES: Councilmembers ABSENT: Council members and do hereby further certify that Ordinance Number /~~~ has been published pursuant to tho Sool _h Cd, Ch_ >0' ,,,,,"tioo N"m""'~J1 ( il ~Ierk / I I I I Ordinance Numher ~3J'o PROOF OF PUBLICATION (2015.5 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 matter. I am the principal clerk of the printer of the SEAL BEACH SUN. a newspaper of general circulation, printed and published weeklv In the City of Sol 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 2124n5. 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: /1-1/1/ all In the year 19..i3..,. I certify (or declare) under penalty of perjury that the foregoing is true and correct. This space for for tt.e County C;erk's Filing Stamp Dated at Seal Beach, California, this II day of .lW-..-..t., 19..9.3..:. ~ -c'~<&i' 4- Proof of Publication of . , NOTICE OF PUBUC r, ......... lllARllto - f IIICIl1CE IS IEAEBY GNEN 1m r lht 0Ilt - 01... 0Ilt aI SooI . . . . . . , ....... wi hatd. pubHc '-ing on ; IIDndIr No........ 22, '-''' 7:IID p.m. ~a.0Ilt_ .c...,....... 211 Efgtdh --. SooI ~Ioooh, C11110rNa II _ a. .~_: ,. :'-.a 'IUI' .' ..MIEHDIENT.. l .,__: An.a-,_, ,"700. _"prahllll_ '........ ~ aq_ willi .ngIo ~1Im1y_lngo;__1 '~__Iar il~"~' Bur:I&nI; ~-1III2lI-2318.2(H) lftOIOIIIing a. , -hoigIIIoI-'J1no . _1ar.ght(I')........(Ill') ...... opodIocl-:.... -. --.I~o _oI"lonoo". . En4L__'_IWFIewt.r. TJU.pnJjBa "~i ....nr...,.tamCEaA .-. : ClIdo-.: --=_': k "700; -:2lI-2III.2lH): 211- . .2IllO' 211-2101 ; ~ ClIyolSool_ - Ala._lime......... -_....be_11 , ._.1,............. .. ..........-..~-,...... . .belinllod"-'IIIIIr_ , -,...._-- . .a.puIIIIc'-""__1n '....._...In_ ~_. . ...-........ : 0Ilt 01 SooI_.. or pdar... r ......ic--.. ,..-..........,01_.... ;"1_ I ,...-.Yoo,ClIrClft : ClIralSool_ -- ;.'fIUb SooIIoooh.... ".11, IllS .... . . . . . . PUBLICATION PROCESSED BY: THE SUN NEWSPAPERS 216 Main Street P.O. Box 755 Seal Beach, CA 90740 (310)430-7555 Ordinance Number /.jBo 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 matter. I am the principal clerk of the printer of the SEAL BEACH SUN, a newspaper of general circulation, printed and published weeklv In the City of SUI. 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 2/24n5. 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: 1;"/01. . all In the year 19J1.3.... I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Seal Beach, California, this IJ day of ~t...... . 19J1.3.... ~1 ~ifii!-Z;- ( Slg re PUBLICATION PROCESSED BY: THE SUN NEWSPAPERS 21& Main Street P.O. Box 755 Seal Beach, CA 90740 (310)430-7555 This space for for the County Clerk'! Filing Stamp I Proof of Publication of r-- :. . SlIlllIlARY . ~ . - . . . . . .;;.. ORDI~NUllBER ...... n'~ 1380 . . . . . . k "ZONE TEXT A~DIIENI' . . . . . . ~. ~ Ill" EXTERIORSTAlRWAYSI r I~.. ACCEI""'RY t.' o. SlRUCTURESI ~ .~:::::~..~ t ~--....-- ......,. 1II...........,_1n &;.... .. ....--... ,., r J" ..,............- .......In...... __ ........... Q...., I... .......: L...._1fIIldk -:-...-- , ~ --..- . hIIghI'" __ ..._tarn ...... ..1o?i....._ : ...-~... . .........- " -- .- .~_.~- I t___ I' ..d..-,,- , ........ _ ...-..- ; --"'..~_... , NI.~._ 22nd. ,....... , -..-"'a:--.e I_ I AYES: -. _.....,.., ~. :::.""'~'" ~ --. 1~_t_" : 1dla1Uod........- l' =-:::::=:.... ~ -..~_....t...t_. fP: CopIoI~OnlIn.-_t_ ..-_.._~.. ~ ~ an. CIII' t111I, 21t-... iI. -.__lIIopIawlltO) Ii< Gt-2527, tt.1M1E01HI__~1Ia._. ~,. . i-II.V., . ClIr a.Il . . ClIror__ . ._0 _lI2,t_ I I I I I Ordinance Number ~~tro PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA. County of Orange This space for for the County r:"ilerk'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 weeklv in the City of S9l 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 2/24f75. 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: t' j;:Lr~L, -Z-J all in the year 19J1a.. Proof of Publication of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ............................. . SUMMARY ORDINANCE NUMBER 1380 ZONE TEXT AMENDMENT 92-6 EXTERIOR STAIRWAYSI ACCESSORY STRUCTURES! FENCES Ordinance Number '380 011110 CIIr 01 SoaJ Bolch pra!11bl1s 0'_ _an oIng/oflmlly_ in 01_110I__"", opodficoIIr __ by 1110 Un... =i:l:,-rar- !.'!"'"_~_liod__ I 1IlIlIMI;_~ --'~cfo__ ::r;:;.,....u 1110=0 oIglitlD..~=rram ==~:::."'&C'o NumborI38O_' ~ I08ding IIIId -- ~rc~~'"l'::.1Il1l1o 1::.\*"3111,'1193 by': 01 !lll_: AVES: Brawn, Doono F.......- /!I!Stingo,laszlo ' ,--, -: None ....an Comod Capi.. 01 OIdinon.. Number 1380 lr1Io.ol1_rram 1110 oIIico 011110 ~Clorlc,CIlIlHall,2" .8111 43'.25zsrlllHch; roIophano (3'01 ~ lHlS 14111 day 01 ~__ ,1ll93. ~..,..... M. VlIO, ClIl/ClerI< 01 SoaJ Booc:h . Ilocombor 23. 'llIl3 , "a. I certify (or declare) under penally of perjury that the foregoing is true and correct. Dated at Seal Beach, California, this <W day of.D.ac-k/, 19J1a.. C:!C~ C~ Signature - PUBLICATION PROCESSED BY: THE SUN NEWSPAPERS 216 Main Street P.O. Box 755 Seal Beach, CA 90740 (310)430-7555