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HomeMy WebLinkAboutCC Ord 1416 1997-07-28 ORDINANCE NO. ~ AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING CHAPTER 28 (ZONING) OF THE CODE OF THE CITY OF SEAL BEACH REGARDING PERMITTED INTRUSIONS INTO REAR YARD SETBACKS IN THE RESIDENTIAL LOW DENSITY (RLD) ZONE OF PLANNING DISTRICT I (~28-401(2)(b)) AND REGARDING PERMITTED IMPROVEMENTS TO NON- CONFORMING RESIDENTIAL BUILDINGS AND USES (~28-2407.A.2) (ZONE TEXT AMENDMENT 97-1) I THE CITY COUNCil.. OF THE CITY OF SEAL BEACH DOES HEREBY ORDAIN AS FOLLOWS: Section I. At a duly noticed public hearing on May 7, 1997, the Planning Commission considered zone text amendment 97-1, which, if adopted, would increase the distance eaves would be allowed to intrude into rear yards from the currently permitted 2 foot rear yard intrusion to 5 feet and reduce the allowed rear yard intrusion for balconies and decks at the rooflevel. Section 2. At said public hearing there was oral and written testimony and evidence received by the Planning Commission. I Section 3. Pursuant to 14 Calif. Code of Regs. ~ 15305 and ~ H.B of the City's Local CEQA Guidelines, Zoning Text Amendment 97-1 is categorically exempt from review under the California Environmental Quality Act because, inter alia: (a) the amendment will result in 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 (14 Calif. Code of Regs. ~ 15305 (Minor Alterations in Land Use Limitations)); imd (b) it can be seen with certainty that there is no possibility that the. approval of the amendment may have a significant effect on the environment (~ 15061(b)(3)). Section 4. Based upon the evidence presented at the hearing, the Planning Commission found: (a) The proposed text amendment will enhance the ability of the City to ensure orderly and planned development in the City through an amendment of the zoning requirements; (b) The proposed text amendment will remedy an apparent inconsistency of the Code which allows balconies and decks to overhang 10 feet into the rear yard setback but allows eaves to overhang only 2 feet; (c) A 10 foot overhang of any type at the roof level is inappropriate due to aesthetics and potential impacts on adjacent properties. However, a 5 foot overhang is 1 appropriate along the beach side elevation of these properties; and (d) Planning Commission review of requests to extend between 2-5 feet into the rear yard setback will allow for public notice to adjacent property owners. (e) Zoning Text Amendment 97-1 is consistent with the provisions of the various elements of the City's General Plan. The proposed amendment is administrative in nature and will not result in changes inconsistent wilh the existing provisions of the General Plan. I 1 I Ordinance Number 1'~J'd6 Secti!l.~ s)~sed ~rfc})l.tbe fo~e.,g~ng, the Planning Commission adopted Resolution 97-9 on May"21~t;, nlelidmg ap,proval of Zone Text Amendment 97-1. 1/ . '~ "/" . ..., 0/ Section 6. A duly noticed public hearing was held by the City Council on June 9, 1997 to consider Zone Text Amendment 97-1 and continued to June 23, 1997. The City Council received into evidence'tIle~Reporhof the Planning Commission, including the Staff Report and I . C .. .AI~~~. J."', r:f'~"" 997 PI . C .. M' fM 21 1997 P anmng ommlsslon~,,!nute~..o ~aN' 1 , anmng ommlsslon mutes 0 ay, , and Planning CoIhfu~sio;nfesoluti&:,~ o. 97-9. In addition, the City Council considered all . d I t~'''d;if f,'1 d\\'.Ah. f h bl' h . wntten an ora eVI ence presente aM time 0 t e pu IC earlng. "~:>'l ~;h )'01' I..... ~ ~J .~.... r-. ..l-.:.1. S . t.~ '~h'" "I' ,r_~. f h . d bl' h' h C' C '1 11 d ectJon 7.\~~ ....,N. e'conc 1,1819 0 t e contmue pu IC earlng, t e Ity ouncl re erre the matter to the piailll.iljJ~Caip1Jj~f for a report and recommendation regarding alternatives not considered by th~J~lnission. , Section 8. After duly considering the referral of Zone Text Amendment on July 9, 1997, the Planning Commission forwarded a report and recommendation to the City Council for consideration. Section 9. On July 14, 1997, the City Council received into evidence the Report of the Planning Commission, including the Staff Report and Planning Commission Minutes of July 9, 1997. Section 10. The City Council hereby adopts the findings made by the Planning Commission. Section 11. Based upon the foregoing, Chapter 28 of the Code of the City of Seal Beach is hereby amended as foUo'Ys: . (a) Subparagraph (b) of Paragraph (2) of Section 28-401 of Article 4 of Chapter 28 of The Code of the Citv of Seal Beach is hereby amended so that the portion of Subparagraph (b) allowing balconies and walkways to extend into rear yards in District I which formerly read as follows: "(I) Balcony and walkway may extend ten (10) feet into this yard." Shall now read as follows: "(I) Walkway may extend a maximum often (10) feet into the rear yard. Balcony/deck may extend or project a maximum of ten (10) feet into or over the rear yard in the area below or at the second floor level (from street). Above the second floor level, eaves may project a maximum of five (5) feet over the rear yard, subject to Planning Commission approval of a consent calendar plan review application. " (b) Subsection (c) of Section 28-2407.A.2 of Article 24 of Chapter 28 of The Code of the City of Seal Beach, relating to minor structural alterations to nonconforming residential buildings which may be approved by the Planning Commission pursuant to consent calendar plan review is hereby amended by adding subsection (1) thereto as follows: "(c) Roofadditions over balconies and porches. (1) Roof eaves projecting five (5) feet into the required rear yard setback of Planning District 1, Residential Low Density Zone." PASSED, APPROVED AND ADO~bY the City Counci oft at a meeting thereof held on the - day of 1997. Ordinance Number /4t.lGO ST ATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I I, Joanne M. Yeo, City Clerk of the City of Seal Beach, Califo~a, do hereby certilY that the forego' dinance is an original copy of Ordinance Number /. V~ on file in the office of the ity lerk, introduced at a meeting held on the d2:Ju- day of 1997, and passed, approved and adopted ~j,~ City Council of the City at a meeting held on the c2l:f - day of 1997 by the following vote: AYES: Councilmember ~ NOES: ABSENT: Councilmember I ABSTAIN: Councilmember ~nd do hereby further certilY that Ordinance Number /,;;~ . has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. I I 1 I PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, Counly 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 10 or inter- ested in the above.entitled matter. I am the principal clerk 01 the printer of the SEAL BEACH SUN, a newspaper of general circulation, printed and published weeklv in the City 01 Sm!l Beach, County 01 Orange and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of ',Orange, State 01 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: ~;:'t;. , all in the year 19Jrr.. I certily (or declare) under penalty of perjury that lhe foregoing is true and correct. Dated at Seal Beach, California, this \ <:) day of \... . d- . 19Jrr.. ().. r[.'n...,~ a.~ ~ SIgnature PUBLICATION PROCESSED BY: THE SUN NEWSPAPERS 216 MaIn Street Seal Beach, CA 90740 (310)430.7555 (714) 759-7726 Ordinance Number I'~/~ This space for for the County Clerk's Filing Stamp Prool of Publication 01 ............................ . ............................ . . ~:r . '. - . NOTICE OF ',- I . PUBLIC HEARING NonCE IS HEREBY GIVEN .hot I I Lh. City Council at the City of I'h "',B..et! will hold. PUblic ,::~ "It ~~OOTU8ld.Y, May 27, C 'I .p.m. In .h. City Dune I Chamber. 211 EI hlh I Str.... S"I Belch ball'arnl~ to lconaJder.he ~fOWIn'i kem" I I ZONING TEXT AMENDME.,T 97.; Requelt: . To conSIder a Change to Ihe Co of the Clly of Seal Beach to ame~ l~p.rmI1t8d Intrusions Into rear ~ "-klln tho ReOlden"aJ Low :D~~:I~r (.~LOllh:toGn. of Planning I Spec ff II . old Coas.} 'Wh'I~.~~l'a:'~' Clly Will consider beyond the weaves 10 extend re d ~ p&lmltled 2 foor I af yar Intrusion and Whether 10 Iml the allowed rear yard intruSion r:r ,.::on18S and decks at the roof I:: om the clHI'IlflIIy pennilled 10 .' EnVironmental Re\4ew. '~m'S -e "AelIS cafegollcally exempt ' . ceo review" . tCOde "SeCtk;"n-; 2li.2600 "'":""'~---. . AppJlc.nt: CITY of SealSeach . :" . AI the abov~ time and place" ~II . Interested persons may be heard II ,10 deSired "yOU challenge the' ProPOsed act""", In' coun you ma ' be limited to railing onfy thos: Issues you or someone else raised at the publiC hearing described In thiS nolle., "or In wrlllen COfT8lpondence deHvered 10 1he ~ of Seal Seach at, or pnor to the pUblic heanng "' ,&''j.TEO ThiS, '~th d@,y of ~ay," . Joanne Yeo, City Cierk . l.. -...', ,CJty 01 Seal 8each _ "...! OPUb Seal Seach Sun' Jo'urnal 5115/97 .'" . .,'! ' ': . . Ordinance Number ~/~ 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 weekly in the City of Seal Beach, County 01 Orange and which newspaper has been adjudged a newspaper 01 general citculation 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, to.wit: \:.A':l.. , all in the year 19~, I certify (or declare) under penally 01 perjury that the foregoing is true and correct. Dated at Seal Beach, California, this \l..... day 01 ~"i-oJ..- , 19 97 . C\ ~... ,(), & tl_;;:;~Q.~ ""\ Signa --------j PUBLICATION PROCESSED BY: THE SUN NEWSPAPERS 216 Main Street Seal Beach, CA 90740 (310)430-7555 (714) 759.7726 This space for for the County Clerk's Filing Stamp I Proof 01 Publication 01 ............................ . ............................ . SUMMARV ' " OROINANCE NUMBER 1418 CONTINUED PUBLIC HEARING ZONING TEXT AMENDMENT 97.1 ~ PLANNING DISTRICT ONE , The publiC hearing to consider " Ordinance Number 1416 of the Clly of Seal Beach was I. continued from the June 9th . City Council meeting until the regular meeting of Monday, i . June 23rd at 7:00 p.rn In Ole CRy Council Chamber, 211 . 8th Street, Seal Beach, California. Ordinance Number. 1416 amends the permitted Intrusions into rear yard setbacks In the Residential Low Density Zone of Planning District. One, speclhcally the ZTA would allow eaves to extend beyond the currenUy permitted two foot rear yard Infruslon to five feet and - would reduce the allowed rear I ~ard Intrusion for balconies and - Clacks at the roof level from the .' currently permitted ten feet to five,ieet. Ordinance Number 141 p:was ~ermltled ten feet to fiV8tset. Ordinance Number 141 was introduced at the r~u sr City Council meeting of ~ June 9th, f997 and first reading was approved by the following yole'" . AYES: 'Brown,. Ca';'pbell, Forsythe,Hastings NOES: None ABSENT Fulton ~. MOlion Carried' I I . . At the above time and place all , Interested persons mav.,.pe. .heard if-50 d'esired. .\fyou challenge the proposed actions In court. you may be limited to raising only Ihose issues you or - someone else raised at the public hearing de~nbed in thl~ . notice. or In written -correspondence delivered to the City 01 Seal Beach at, or prior to the public hQarlng., Upon conclUSion of the June 23rd conllnued public hearing, Ordinance Number 1416 may receive second reading and be considered for adoption Caples of Ordinance Number 1416 are available from the ottlce at the City Clerk, City Hall, 211 ,8th Street. Seal Beach; telephone (562) 431,2527, , DATED THIS 10th day of . ,I' June, 1997 . , : i Jo~nne Veo', City Clerk . CIty of Seal Beach 'I f PUb',Seal Beach Sun_06/~2/97 1 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 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 Sgg[ Beach, County of Orange and which newspaper has been adjudged a newspaper of general circulation by , the Superior Court of the County of Orange, Stale of California, under the date of 2/24n5. Case Number AB2583: 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: ~A all in the year 19j}L. I certify (or decla're) under penalty of perjury that the foregoing is true and correct. Dated at Seal Beach, California, this \. day of ~, 19...9L. Q 6.~ .". .lbu Q (2,~pc..1./ C) Signature PUBLICATION PROCESSED BY: THE SUN NEWSPAPERS 216 Main Street Seal Beach, CA 90740 (310)430-7555 (714) 759-7726 Ordinance NUmber. This space for for the County Clerk's Filing Stamp Proof of Publication of .. . '.. SUMMARV~.... ORDINANCE NUMBER 1416 . vvt.tnr'll : Ilbl'81.181'-.-....1!t . ZONING TEXT . _ . . .'~'.:: AMENDMENT D7_1' .: :: .' AMENDING PERMmED: ~ - INTRUSIONS," :: REAR YARD SETRACKS '.. RESIDENTIAL LOW DENSrrv ZONE . PL.:ANNING DISTRICT ONE . OrdJnance Number 1416 of the City ,of Se.1 Beach adopts Zone/Text Amendment 97-1 whICh amends the I permitted intrusions Into rear yard '_InIhB_LowDllnBlly~ Zcno of Pllmrv 0&IncI Ono.lIIlBCiftcBIy the ZTA would &Row eaves 10 extend bByord IhB cummtly porm1IBd "'" fool rear yard hIrusIon 10 five teet and would . ,educe the a1IO'Md rear yard IntruSIon' , for balcOnies and decks al the roof . level from the currently perrmtled ten : feel to five feet Ordinance Number; 1416 received second reading and , was adopted by the Ctty Council at a ,:~,:;:;":B~JuI):~2lI!h,1'!97 : , 'l'YES' Brown, ~p~li. t:~he'l!~ I. '.,Fulton,HB8bngs .,"1' '-'~~~ t: NO~~. None .~. :~tMotion ca~~;\' I. Cople. of OrdlnBn~ Number 14161j .. are BVB4abIe from the ofItce of the City CIBrk, City HBII,,211 . 8tIi S'''8I, S"1. . 'Beach:.t~Bpho"l!: (562) 4~1-2527. .. . ,.'DATEB This 291h day or~u1y, 1997 , Joanne M Yea, City Clerk' . CltyofSeal,B~ch'..'" _._ '_ ~ Publl8hed In the Seal Beach Sun -08107197" . -." . . .... oJ J' ." :..c...",..i~~.