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HomeMy WebLinkAboutCC Ord 1397 1995-11-27 I I I ORDINANCE NO. /~91 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AMENDING CHAPTER 28 (ZONING ORDINANCE) OF THE SEAL BEACH MUNICIPAL CODE RELATING TO NOTIFICATION TO OCCUPANTS (ZONE TEXT AMENDMENT 95- 2) THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY FIND AS FOLLOWS: WHEREAS, at a duly noticed public hearing at its meeting of September 6, 1995, the Planning Commission considered and approved Zoning text Amendment 95-2. This amendment will amend Sections 28-2407.b.l, 28-2705 and 28-2757 of the Code to require hearing notices be mailed to occupants as well as property owners; and WHEREAS, Pursuant to 14 Calif. Code of Regs. f 15305 and f I1.B of the City's Local CEQA Guidelines, staff has determined as follows: The application for Zoning Text Amendment 95-2 is exempt from review pursuant to the California Environmental Quality Act pursuant to f 1505 I (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, the record of the hearing on September 6, 1995 indicates the following: (a) The said Commission held said aforementioned Public Hearing and received the Staff Report. (b) At said public hearing there was no oral or written testimony or evidence received by the Planning Commission. (c) The proposed text amendment will revise the City's zoning ordinance and enhance the ability of the City to ensure orderly and planned development. Specifically, this amendment is intended to broaden public participation in the land use decision making process. This will be accomplished through mailing hearing notices to all occupants living within a given radius of a property which is seeking a discretionary permit from the City. Currently only property owners living within the radius are notified by mail; and WHEREAS, based upon the facts contained in the record, including those stated in fi4 of the Planning Commission Resolution No. 95-23, adopted September 20, 1995, and pursuant to n 28-2600 of the City's ~, the Planning Commission made the following findings: (a) Zoning Text Amendment 95-2 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. Ordinance Number ~~";7 , (b) The proposed text amendment is intended to broaden public participation in the land use decision making process. This will be accomplished through mailing hearing notices to all occupants living within a given radius of a property which is seeking a discretionary permit from the City. Currently only property owners living within the radius are notified by mail. (c) The proposed text amendment will not result in any significant adverse impacts. I WHEREAS, a duly noticed public hearing was held by the City Council on October 9, 1995 to consider Zone Text Amendment 95-2; and WHEREAS, the City Council received into evidence the Report of the Planning Commission, including the Staff Report, Planning Commission Minutes of September 6 and September 20, 1995, and Planning Commission Resolution No. 95-22. 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 95-2. NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Seal Beach does hereby approve Zone Text Amendment 95-2 and amend Chapter 28 of the Code of the City of Seal Beach as indicated in the following sections: Section 1.. Article 2!. Section 28-2407.B.l. of Chapter 28 of Ibs: ~ 2f ~ QlX 2f ~ ~ is hereby amended to read: "B. Procedure. I 1. Consent Calendar Plan Review - Any person desiring to apply for consent calendar plan review approval by the Planning Commission pursuant to this section shall submit an application, required plans and property owner list to the Department of Development Services together with payment of the minor plan review fee 14 days prior to the Planning Commission meeting. Notice of the - application for consent calendar plan review shall be given to all property owners and to all addresses within 100 feet of the exterior boundaries of the property. . Section 2.. Article 27. Section 28-2705. of Chapter 28 of ~ ~ 2f 1hsl ~ 2f Sm! ~ is hereby amended to read: "Section 28-2705. Notices. Notice of time and place of public hearings shall be given in the following manner: (1) Changes of zone request initiated by property owner, appeals, planned unit developments and unclassified use permits shall be by written notice published in a newspaper of general circulation and mailing a written notice to all property owners and to all addresses within a three hundredfoot radius of the property to be directly affected. This action shall take place not less than ten days before the hearing date. I I I I Ordinance Number ~~j1 (2) Amendments to the ordinance codified herein or changes to zoning districts shall be by written notice published in a newspaper of general circulation not less than ten days before the hearing date. (3) Variances, conditional use permits or tentative tract maps shall be by written notice mailed to all property owners and to all addresses within three hundred feet of the property to be affected, not less than ten days before the hearing date. (4) Changes of zone initiated by the City shall be by written notice mailed to the affected property owner(s), and to all property owners and to all addresses within three hupjred feet of the property to be affected, and publislf'tn a newspaper of general circulation, not less than ten days before the hearing date. (5) Appeals shall be by the same notice method employed in the original application upon which the appeal is filed. . fl(" (Ord. No. 948; Ord. No. 972, SlI; Ord. No. 1047, S3)" Section J.. Article ll.2. Section 28-2757. of Chapter 28 of ~ ~ m ~ ~ m ~ ~ is hereby amended to read: 'Section 28-2757. Notices. Notice of time and place of public hearings to consider adoption of the development agreement shall be given in the following manner: (1) Notice of the hearing shall be mailed or delivered at least 10 days prior to the hearing to the owner of the subject real property or the owner. duly authorized agent, and to the project applicant. .,'~. (2) Notice of the hearing shall be mailed or delivered at least 10 days prior to the hearing to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide these facilities and services may be significantly affected. (3) Notice of the hearing shall be mailed or delivered at least 10 days prior to the hearing to all owners of real property as shown on the latest equalized assessment roll and to all addresses within 300 feet of the real property that is the subject of the hearing. (4) Notice of the hearing shall be published in a newspaper of general circulation not less that ten days before the hearing date. Notice as provided herein shall be given in addition to any notice required for actions considered concurrently with the development agreement. (Ord. No. 1247, SI)" ~ASSED. APPROVED AND ADOPTED by'" Cily "7!i" "r~'Cily of"'" . ,;; ~g thereof held on the (;;t{. - day of ff~ , 1995. Ordinance Number /391 STATE OF CAIJFORNIA COUNTY OF ORANGE CITY OF SEAL BEACH } } SS } ....-(1.,"-'\\\\\\ .#\ SEAL "'11 -=-... 0 ...... 8600 lit.. .::".. -....- I, :~ ...c..O,po.4;..#tfC".. ~ ;:; (.i 1"'<1' "0.. os. ~ i!f.~. ;j .,... e. ~-Ie ~ . . ~ . . ZOo 0_ " . . ""'III.~ ~"'.O 0..-2 ~l>..':o ~.:~l ~,;z-."G';"~:~' 27. '~~~..~<c.O; to. C": ........ ..~- '111\\ OIJNt'l,C.,#" \\\\\~m;l""~ I I, Joanne M. Yea, City Clerk of the City of Seal Beach, Californ' do hereby certify that the foregoin ordinance is an original copy of Ordinance Number on file in the office of 'ty C rk, . traduced at a meeting held on the day of ,1995, and passed, approved and adopted by th~jV Council of the City~eaI ~~h at a meeting held on the 0lZ-!.. day of i!jb a.M:L ' 1995 by the following vote: . AYES, "-ill-4~&.,,~J, ?cllr~ NOES: Councilmembers ~ . ABSENT: Council members I ABSTAIN: Council member and do hereby further certify that Ordinance Number /~q7 has been published pursuant to the Seal Beach City Charter and Resolution Numb~ l I I PROOF OF PUBLICATION (2015.5 C.C.P.) STATE ,OF CALIFORNIA. , . Counly of Orange '. I am a citizen of the United Stales 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 mailer. 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 ~ Beach. County of Orange and which newspaper has been adjudged a newspaper of general circulation by the Superior Courl 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: '~ ~~\ j. . all In t~~ ye,ar 19~. I cermy (or declare) under penalty of perjury thaI the fore9oln9 Is true and correct. .- . I Dated at,Seal Beach, California, this ")..\ day of ~_.. "". 19.J!..5.... () ~--o..\.~~ l!:, .en~ ~ 4 Signature I PUBLICATION PROCESSED BY: THE SUN NEWSPAPERS 216 Main Street P.O. Box 755 Seal Beach, CA 90740 (310)430-7555 Ordinance Number /391 .. This space for for the C,ounty Clerk's Filing Stamp Proof of Publication of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IIO'I1CE OF , PUBLIC IlEARING :'lIlItICE. _BY __ . ... C!Ir COUncilor... City or ; .... ...... will ..old 0 publl. I .,.... Oft ~I 0CtDIJIr ., , tnl. .. 7:GO p.... In tho Clt, ! COUncn CIIo"b0f8~l..~thth :-.__ to ,_"'--IIo..' , ZONING TEXI' AMENDMENT 115-2 I """*" . TD__"''''lllIIII..llI , ... ~ of ...., ~... 10 roqull1l '... malle notice 01 ..rfngSl~bllc . ".aringl to occupantl of III ~ structure. within the Ippropnate .. f notification ar... currently, onlv ~~property owners Ire nold Id by . _ "'-......1Iu/IngI. . Ent~....tIIIIIIw: Thl. proJ.ct II cat.gorlcalty \__CEOA_. --, I za.2tIOO: 28-2407.8.'; 28-2705. r 28-2757 .=~- , A1...__.ncl......1III ___,,"_n 10 _rod. II ro. oIIOlIo.go lb. __"_}OIl"" bl -Umlted \0 raiSing OnlY thou .......,au ar.......... .. ..........lchollrfng_.. tltia notice, or In written oorreepondence delivered to the CIIy 01 5001 _ ... .. pIIor 10. ... puIIIIc ....... DATED Thll 14th dO, DI ........1885 ._""" ~CllyClollc.CIIy"'IlotII_ Pub. SI.I .each Sun Joumal ~C821185 '. , . Ordinance Number ~j1 PROOF OF PUBLICATION (201S.S 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 mailer. 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 2124nS. 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: loAq all in the year 19 95 . I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Seal Beach, California, this \. '\ day of Ou-....Q..,., , 19J1li..,. ~ ~>~,.('~ .~~";_ c;C,~ . \ Signature PUBLICATION PROCESSED BY: THE SUN NEWSPAPERS 216 Main Street Seal Beach, CA 90740 (310)430-7555 This space for for the County Clerk's Filing Stamp Proof of Publication of ............................ . I ............................ . SUMMARY - , : ORDINANCE NUMBER 1397 ZONE TEXT AMENDMENT 95-2 - PUBLIC HEARING NOTIFICATION . Ordinance Number 1397 ollhe :' .Clly 01 Se.1 B.ach amends . Chapter 28 of the MunICIpal Code to revise provisions relating 10 . publiC heanng notification. ..peclflcally 10 OCCUPllnts of . structures of all Iddresses, In f Iddllton to Ihe currently required notlflCltlon to property owners, ,~wlthln one hundred or three !;f hundred lell of pbbllc hearing r..matters, Whlchlver distance IS : Ippllcable. Ordlnan,ce Number 1397 _ _ Bllhe rogula. City Council meeting. of October .. 8th, 1895 and 'Irst reading was , __bylhe_ng_: . AYES: 1IroM1. 000... ForoyIhe, HoSllngS. Lum " NOES: None MotIon carriecf t- Ordlnance:Number 1397 WIll recelye .ecDnd readIng and be l"conlldlred for ,dOrUon at Ihe 'iNgular City Councl meeting of II November i 3th, 1995 Copies of Ordinance Numb., 1397 are evallable ..... Iha otflCO of Ihe City CI8l1<, CrIy HoII, 211 - 81h St.e.,. Seal Beach. telephone (310) 431- 2527. DATED ThIs 10111 cloy 01 0cI0ba'. 1995 Joen.. M. Yao: ClIy Clark CiIy 01 S8811laacII Pub. Sial Beach Sun Jou"rnal . W/1lW5 I I I I 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 maller. 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 ~ 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: l'l./, . all in the year 19 95. I certify (or declare) under penally of perjury that the foregoing is true and correct. Dated at Seal Beach, California, this "\ day of l)..Jl.<o. r, ....., 19.J!..5.... I . 'i\~~\.ll::! L~1oUtJd ' Signature " PUBLICATION PROCESSED BY: THE SUN NEWSPAPERS 216 Main Street Seal Beach, CA 90740 (310)430-7555 Ordinance Number /391 This space for for the County Clerk's Filing Stamp Proof of Publication of ........................................................ .. SUMMARY- ORDINANCE NUMBER 1397 ZONE TEXT AMENDMENT 115-2 _ PUBUC HEARING NOTIFICATION Ordinance Number 1397 of the CIty of seal Beach amends. Chapter 28 01 the Municipal Code to r8VJS8 proVlStOOS relating to publIC heanng . nollllcauon, speCifically to occupants 01 structures 01 all addresses, in addition to the currently reqUired notification to property owners, within one hundred or three hundred feel of public heanng matters, whichever distance Is applicable Ordinance Number 1387 received second... reading and was adopted by the City COuncil at I regula, meeting thereol held on 27th day 01 November, 1995 by the following ....; AYES 1InJwn, Doane, Forsylhe. Hasltnga. L.oszIo NOES: None earned Cople. of Ordinance Number 1397 a", available from the office of the CtIV Clerk, City Hall. 211 - 8Ih _,lleaIllellCli,18IepIlone (310) 431-2527 DATED This 28th day of November, 1895 Joanne M. Vao. CIty Clerk CIty 01 Sllal Baach Pub Seal Beach Sun Journal 1:!107/95 - .