HomeMy WebLinkAboutCC Ord 1403 1996-05-28
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ORDINANCE NO. !!Jp3
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SEAL BEACH AMENDING CHAPTER 28
(ZONING ORDINANCE) OF THE SEAL BEACH.
MUNICIPAL CODE AMENDING SECTIONS 28-701
AND 28-801 TO CHANGE SIDE SETBACKS
ABUTTING AN ALLEY FROM 4 FEET TO 15 % OF
THE LOT WIDTH AND ESTABLISHING SETBACK
REQUIREMENTS FOR A GARAGE ABUTTING A
SIDE AT.T .RY (ZONE TEXT AMENDMENT 96-4)
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 April 3, 1996, the
Planning Commission considered and approved Zoning Text Amendment
96-4. This zone text amendment will change the side yard setback
requirements for side yards abutting alleys in the Residential High Density
and Medium Density zones of District I (Old Town). Specifically, the
proposed amendment would change the side yard setback along alleys
from a flat four (4) feet to IS% of the lot width, as is the case with
setbacks along a side street. The proposed amendment will also consider
specific setback requirements for garages off of a side alley; and
WHEREAS,
pursuant to 14 Calif. Code of Regs. 1 IS30S and 1 II.B of the City's
Local CEQA Guidelines, staff has determined as follows: The application
for Zoning Text Amendment 96-4 is categorically exempt from review
pursuant to the California Environmental Quality Act pursuant to 14 Calif.
Code of Regs. 11S30S (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 11S061(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 April 3, 1996 indicate 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 will change
the side yard setback along alleys from a flat four (4) feet to IS %
of the lot width, as is the case with setbacks along a side street.
The proposed amendment will also establish setback requirements
for garages off of a side alley to maintain a twenty-four (24) foot
turning radius; and .
erdinance Number
//jo3
WHEREAS,
based upon the facts contained in the record, including those stated in 14
of the Planning Commission resolution and pursuant to n 28-2600 of the
City's C2l!l:. the Planning Commission made the following findings:
(a) Zoning Text Amendment 96-4 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 I
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 a simplification of the
zoning requirements. Specifically, side setbacks will be the same
for similar the situations of properties abutting a side alley or side
street.
(c) The proposed text amendment will correct an apparent inequity in
the City Code whereby lots abutting a side alley are required a
four (4) foot side setback along the alley and lots abutting a side
street are required a side setback of 15% of the lot width on the
street side. This situation results in a greater setback for~5 foot
wide properties abutting an alley but a lesser setback for wider lots
abutting a side alley when compared to a property abutting a side
street.
(d) The provision of specific setbacks for garages abutting a side alley
will address desired turning radius for accessing garages off of
side alleys. This will allow proper access of side garages off of I
alleys and reduce the need to infringe on neighboring properties
when accessing such garages; and
WHEREAS,
a duly noticed public hearing was held by the City Council on May 13,
1996 to consider Zone Text Amendment 96-4; and
WHEREAS,
the City Council received into evidence the Report of the Planning
Commission, including the Staff Report and Planning Commission
Minutes of April 3, 1996, and Planning Commission Resolution No. 96-8.
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
96-4.
NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of
Seal Beach does hereby approve Zone Text Amendment 96-4 and amend Chapter 28 of the Code
of the City of Seal Beach as indicated in the following sections:
Section 1.
Article 7. Paragraph (d) of Subsection (2) of Section 28-701 of Chapter 28 of
The Code of the City of Seal Beach is hereby amended to read:
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"(d) Yard Dimensions (minimum):
Yard Abutting Street
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Ordinance Number I'~o~
District I:
Front. ............................... 12 ft.
Side. . . . . . . . . . . .. IS% lot width; 10 ft. max. required *
District II:
Front . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 ft.
Side. . . . . . . . . . . . .. IS% lot width; 18 ft. max. required
Rear ................................ 18 ft.
Yard Abutting Alley
District I:
Side ............ IS% lot width; 10 ft. max. required *
Rear .................... 24 ft minus width of alley
Garage Abutting
Side Alley ............... 24 ft minus width of alley
(width of garage only)
District II:
Side ................................. 0 ft.
Rear ................................. 0 ft.
Yard Not Abutting Street or Alley
District I:
Side ........................... 10% lot width
3 ft. min., 10 ft. max. required **
Rear ................................. S ft.
District II:
Side/Front ...................... 10% lot width;
S ft. min., IS ft. max. required
Rear ................................. 0 ft.
* Exception: On lots of less than thirty-seven and a half (37.S) feet in width, an
encroachment into the exterior side yard for the length of the required garage will be
permitted provided that a setback of three (3) feet is maintained. The intent of this
provision is to provide an interior garage width of eighteen (18) feet.
Section 2.
"(2)
**
Exception: Reverse corner lots three (3) feet minimum required. "
Article 8. Subsection (2) of Section 28-801 of Chapter 28 of The Code of the
City of Seal Beach is hereby amended to read:
Yard Dimensions (minimum):
Yard Abutting Street
District I:
Front ................ 12 ft. average / 6 ft. minimum
Side ............ IS% lot width; 10 ft. max. required *
Rear ................................. 0 ft.
Districts II, VI:
Front ............................... 18 ft.
Side ............... IS% lot width; 10' max. required
Rear ................................ 18 ft.
Yard' Abutting Alley
District I:
Side ............ IS% lot width; 10 ft. max. required *
Ordinance Number /~E
Rear .................... 24 ft minus width of alley
Garilge Abutting
SideAlley ............... .24 ft minus width of alley
(width of garage only)
District D:
Side ................................. 4 ft.
Rear ................... .24 ftminus width of alley
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District VI:
Side ................................. 0 ft.
Rear ................................ 18 ft.
Yard Abutting Seal Way
District I: .................................. 0 ft.
Yard Not Abutting Street or Alley
District I:
Side ........................... 10% lot width
3 ft. min., 10 ft. max. required --
Rear ................................. 3 ft.
Districts D, VI:
Side ................... 10% lot width; 5 ft. min.,
10 ft. max. required
Rear ................................ 18 ft.
- Exception: On lots of less than thirty-seven and a half (37.5) feet in width, an
encroachment into the exterior side yard for the length of the required garage will be I
permitted provided that a setback of three (3) feet is maintained. The intent of this
provision is to provide an interior garage width of eighteen (18) feet.
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Exception: Reverse corner lots three (3) feet minimum required. "
PASSED, APPROVED AND ADOPTED by the CitY?lf~Cil of the City of Seal
t a meeting thereof held on the ~ - day of
,1996.
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Ordinance Number
/~:3
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Joanne M. Yeo, City Clerk of the City of Seal Beach, CalifO~ do hereby certify that the
foregoin ordinance is an original copy of Ordinance Number /. 3 on file in the office
of the Clerk, introduced at a meeting held on the art day
of , 1996, and passed, approved and adopted by'th~.w Council of the
City 0 at a meeting held on the -c:; - day
of , 1996 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
and do hereby further certify that Ordinance Number I.~.o has been published pursuant
to the Seal Beach City Charter and Resolution Number 2836.
Ordinance Number
/I~
.
PROOF'OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
Counly of Orange
- I am a citizen of lhe United Slales
and a resident of lhe County afore-
said; I am over lhe age of eighleen
years, and nol a parly to or inter-
esled in the above-enlilled 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 or .s.ltl!!
Beach, Counly or Orange and which
newspaper has been adjudged a
newspaper of general circulation by
lhe Superior Courl of lhe Counly or
Orange, Slale of California, under lhe
dale of 2/24n5. Case Number A82583;
lhalthe notice of which the annexed
is a printed copy (sel in lype not
smaller than nonpareil), has been
published in each regular and enlire
issue 01 said newspaper and not in
any supplement lhereor on the
following dales, to-wit:
. S-/)'/'1. I..
. .
p.1I in the year 19~_.
I certify (or declare) uncler penally of
perjury that the foregoing is true and
correct.
Daled al Seal Beach, California,
this _~ day o'~ .'C' ,192..L
Cl =.(1 ,~ G.-,o'n "d
\ Signature -
PUElLlCATION PROCESSED BY:
THE SUN NEWSPAPERS
216 Main Streel
Seal Beach, CA 90740
(310)1\30-7555
.
ThIs space for for lhe Counly Clerk's
Filing Slamp
.1
Proof of Publica lion of
........................................................ ..
........................................................ ..
r: . -NO'nCEOF.
r.. PI!BUC HEARING
~ilO11CE IS HEREBY GIVEN 'hit
. ....Clty Council of 'ho City of SolI
rlnch will hold. publiC horlng
tl::ln Mandl)', MIl, 13. 1991. .. 7:00
p.m. In the City Council
'Chomlloro, 211 Elghlh Shiel, SN'
B"!'Ch, CoIlfamIo, 10 conoldor tho
101_"9 110m:
2anng TOll! Amendmonlll6-4
Requeat: Consider an amendment
10 the side yard selback
'_'_115 .... lido yolds abuttIng
,'.Ueys in Ihe Residential Hlgn
: D8!ISIlY and Medium ~ zones
01 Dos'1ICI1 (Old Town) SpeCdocoDv
. the proposed amendmenl woufd
chonge the SIde yo/ll setback Ilong
allevSfroma ftal four (41 feet to 1~
r of !fie 101 WIdth. as Is Ihe case With
setbacks along a SKle street The
..,proposed amendment Will also
oconSlder speCifiC setback
requirements for garages 011 01 a
'Iidollley.
Environmental Review: The
proposed zbrung text amendment IS
categoflcally exempt 'rom the
requlremenls of CECA:
Code Sectlonl:28-701; 28-801"
28-2600; 28-2601 .
. AppIIc:ont: Clay 01 SoaIIIooch
. AI the above lime and place all
. 'lr11eresred persons may be heard If
10 deSired It you challenge the
IlnlI>Osed ICIIlInS n coull. you moy
-~. -lImlled 10 raIsing only those
ISSUeS you or someone else ralS8d
allhe PUblIC heenng descnbed In
. Ihls nollce. or In wflllen
conBSpOndence delivered ID the CII)'
. of Seal Beach at. or prior to. Ihe
. publ~ heonng .
: DATED Ttus 22nd day 01 April
1996 .
,
,,_ Joame Yea. CIty Qe1k
. ClIy 01 Sell Beai:h
I Published In lIle SIal Beach Sun
'05/ll2J96 .
.... -~-._1.
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Ordinance Number ~~~
PROOF'OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
Counly 01 Orange
This space for for Ihe Counly Clerk's
Filing Stamp
- ) am a cilizen of Ihe United Slales
and a residenl o/Ihe Counly a/ore-
said; I am over Ihe l!ge 0/ eighleen
years, and nol a parly 10 or inler-
esled in Ihe above-enlilled mailer.
I am Ihe principal clerk of Ihe prinler
of Ihe SEAL BEACH SUN. a newspaper
of general circulation, printed and
published weekl... in Ihe Gily of Seal
Beach, Counly of Orange'and which
newspaper has been adjudged a
newspaper of general circulation by
Ihe Superior Courl of Ihe Counly 0/
Orange, Slale of California, under Ihe
dale of 2/24n5. Case Number AB25B3;
Ihallhe no tiC!! 0/ which Ihe annexed
is a printed copy (sel in type nol
smaller than nonpareil), has been
published in each regular and entire
issue 01 said newspaper and nolln
any supplemenllhereo/ on Ihe
following dates, lo,wit:
. 0:,
Proof of Publication of
oooooo.................................................. ..
........................................................ ..
SUMMARY
ORDINANCE NUMBER 1403
~.
9rdinance Numbs,., 403 of the
ZoCity of Seal Beach amends the
nJng Chaptl!J' of the Municipal
COd~ to change side setbacks
abutting an aBey from four (4) feet
.10 fifle8n percent {IS"1 oflhe 101
width and establishes setback
'requ!rements fOI a garage
.abN uttlng a side alley. Ordinance
j umber 1403 was Introduced at
,ilia I'llllular C1iIY CouF1Cll meatin
.of M,ay 13th, 1996 and firs~
readl.ng wes epproved by the
.following _: .
AYES: Brown, ~, Fullon,
t Hastings, L.eszIo
. NOES: None - Motion Carried
. Ordinance Number 1403 will
recei~e second reading and be
conSider~ for adoDtion at the
~ular C!lY Council meeting of
ay 28th, 1996. Copies of
,Ordinance Number 1403 ere
a~allable from the office of the
.Clty Clelk, City Hall, 211 - 8th
Street, Seal Beach telephone
'(310) 431-2527 '
. OATED THIS'2Oth day 01 May
1996 '
~ Joanne M. Yea, CIIy Clerk .
! CIty of Seal Beach
; Published in the Seal Beach
;;Un, ~_
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,
all in Ine year 19.2..6_0
I certify (or declare) under penally of
perjur}' lhallhe foregoing is Irue and
correc\.
Daled at Seal Beach, California,
lhis..,i.':l.. day or~ ' 19~0
~~.n--\.& g~~
Signllluf ~
PUBLlC/,TION PROCESSED BY:
THE SUN NEWSPAPERS
216 Main Streel
Seal Beach, CA 90740
(310)<\3.0-7555
Ordinance Number ;I~~
PROOF'OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA.
Counly of Orange
This space for for Ihe Counly Clerk's
Filing Slamp
- I am a citizen of Ihe United Slales
and a resident of the County afore-
said; I am over Ihe l!ge of eighteen
years. and not a parly 10 or inler-
esled in Ihe above-enlitled mailer.
I am Ihe principal clerk of Ihe printer
of the SEAL BEACH SUN, a newspaper
of general circulalion, printed and
published weeklv in Ihe Cily of Seal
Beach, Counly of Orange'and which
newspaper has been adjudged a
newspaper of general circulation by
Ihe Superior Courl of Ihe Counly of
Orange, State of California. under Ihe
date of 2/2t.n5. Case Number A82583;
Ihallhe nolice of which Ihe annexed
is a printed copy (sel in type not
smaller Ihan nonpareil). has been
published in each regular and entire
issue 01 said newspaper and nolln
any supplement Ihereof on the
following dales. lo-wit:
o
I
Proof 01 Publication 01
.......o..o.o.o.o.o............... .
............................o.o .
'.
- ,"0 "1'" .
SUMMARY..... . "
ORDINANCE NUMBER I.
.B11~~:~E~.rA~
ABUTTING AN ALLEY
Ordinance Number 1403 of the
City of S..I Sllch amend. the
Zoning Chapter of the Municipal
Cod. to change lid. ..'backs
0butI1IllI .. _ 110m Iaur (') IeeI
10 fifteen percent US%) of 'helot
WIdth and establish.. ..tback
. req...........lor.g_1IIluIbllg
. I.de alllY. Ordlnancl Number
'403 received IItCOnd reading and
was adopted at the regular City
ColIna' IIIMbng 01 May 2811I, '1l96
by Iho fallowlng_:
AVES' Brown. COnlpbeII. ForoyIho,
Hubngs
NOES: None
ABSENT:FuIlon
-
Cop,.. of Ordinance Number
1403 are available from the offtce
01 ,he Cdy Cl.rIc. CIty Hall, 2\1 . 8th
Street. Seal Beach: .elephone
. (310) 43'.2527.
DATEDniI_cloyclMay, ,1Il8
,Joan.. M. Voo, CIty CIork
''- CCyol Sool_
Published In the SM1 BaKh Sun
-"
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all in the year 19..2P._.
I certify (or declare) under penally of
perjur~' thallhe foregoing is Irue and
correct.
Daled at
this" :': \, day 01 , 192.L.
/ ~.., .Q. ~,~~ot-."~C'r
PUOLlCATION PROCESSED BY:
THE SUN NEWSPAPERS
216 Main Street
Senl Beach, CA 90740
(310)430-7555
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