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HomeMy WebLinkAboutCC Ord 1324 1991-02-11 I I 11 ORDINANCE NUMBER ~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING ZONE CHANGE 1-90, CHANGING THE ZONING OF THE SOUTHWESTERLY PORTION OF THE SOUTHERN PACIFIC RIGHT-OF-WAY WITHIN THE SURFS IDE COLONY FROM S-P PARKING ZONE, (S-P) TO RESIDENTIAL LOW DENSITY, (RLD) . THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY ORDAIN AS FOLLOWS: Section 1, The city Council of the City of Seal Beach hereby finds that: (a) On July 9, 1990 Surfside Colony, Ltd. filed an application with the Department of Development Services for Zone Change 1-90 and General Plan Amendments 2A-90 and 2B-90, requesting to merge each privately owned lot with that portion of the right-of-way adjacent to the existing residential lots and change the zoning of the affected portion of the right-of-way from S-P Parking zone, (S-P) to Residential Low Density zone, (RLD). Th~ Southern Pacific right-of-way traverses the City of Seal Beach in roughly an east- west direction. (b) (c) The subject property is legally described as: A portion of fractional Section 24, Township 5 South, Range 12 West, San Bernadino Base and Meridian, described accordiRg to a Map of Surveys recorded in Book 4, Pages 4 to 6 in the Office of the Recorder of Orange County, California and that portion of the Pacific Electric Railway right-of-way, 50 feet wide, described in the deed recorded in Book 92, Page 391 of Deeds in the Office of the Recorder of said county, being a 25 foot strip of land described as follows: Beginning of the intersection of the curved southwesterly line of the said Pacific Electric Railway with the most northerly corner of Parcel 70 of said map recorded in Book 4, Pages 4 to 6; thence northwesterly along said curved southwesterly line having a radius 5705 feet and a radial line which bears North 45035'21" East through a central angle of 5035'51" an arc distance of 557.34 feet to the northeasterly prolongation of the northwesterly line of Parcels 16 and 89 of said map recorded in Book 4, Pages 4 to 6; thence North 38008'18" East 25.01 feet along said northeasterly prolongation to the curved centerline line of said right-of-way said curve being 25 feet northeasterly and concentric with said southwesterly line; thence southeasterly along said curved northeasterly right-of-way line through a central angle of 5035'00" and an arc distance of 558,39 feet to the northeasterly prolongation of the northwesterly line of Parcels 69 and 70 of said map recorded in Ordinance Number 1'~;2~ Book 4, Pages 4 to 6; thence South 40033'00" West 25.10 feet along said northeasterly prolongation to the point of beginning, (d) Within the Surfs ide Colony the right-of-way is presently utilized for the private garages I of single-family homes adjacent to the right- of-way, the alley adjacent to Pacific Coast Highway and for the Surfs ide Colony community parking lot. (e) Staff has prepared an initial environmental assessment and proposed Negative Declaration as required by the California Environment~l Quality Act (CEQA). Staff received comments back from several governmental entities, each expressing "no concern" with the proposed project, (f) The Planning Commission held a duly noticed public hearing was held on October 3, 1990 to consider Zone Change 1-90 and adopted Resolution No. 1600 recommending approval of Zone Change 1-90 the City Council. (g) The Planning Commission made the following findings: The proposed Zone Change and accompanying Zoning Text Amendment and General Plan Amendments will not increase the number of lots within the Surfside Colony. The affected lots are presently utilizing the southerly 25 feet of the S-P right-of-way for Residential Low Density uses, namely detached garages and rear yards. 2. The proposal will not increase the density of development within Surfside. 1. I 3. As conditioned by staff, over time the proposal will result in a safer conditions for pedestrians, bicyclists and motor vehicles along Surfside Avenue, (h) section 65852.9 of the California Government Code requires that the City approve the Surfs ide Colony request for a change of zone for the above-described parcel consistent with the General Plan and compatible with the uses of the surrounding property. (i) The land uses and zon~ng surrounding the parcel for which Zone Change 1-90 is requested are as follows: I North The northerly 25 foot section of the Pacific Electric right-of-way in the S-P parking zone, (S-P) and Pacific Coast Highway (SR-l). I I I Ordinance Number /.3',,29 South single family dwellings in the Residential Low Density ZOne, (RLD) . East A mixture of commercial uses and single and mUlti-family residential dwellings located within the unincorporated area of Sunset Beach. West single family dwellings in the RLD zone and the Seal Beach Naval Weapons Station in the Public Land Use zone, (PLU). (j) A rezoning of the parcel in question to RLD is compatible with the surrounding land uses, as RLD is the predominant zone surrounding the subject property. (k) The City council has adopted Resolution No. 4007 approving GPA 2.a-90 and Resolution No. 4008 approving GPA 2.b-90 indicating an increase in the amount of low density residential land within the city. (1) The City Council held a duly noticed public hearing on Monday, January 28, 1991. (m) Zone Change 1-90 will not cause any adverse environmental impact as shown in the initial study for the Negative Declaration covering Zone Change 1-90 and GEneral Plan Amendments 2,a-90 and 2.b-90, and therefore the city Council adopts this Negative Declaration. (n) Zone Change 1-90 will not adversely impact the health, safety and welfare of the surrounding community. NOW, THEREFORE BE IT ORDAINED that the City Council of the city of Seal Beach does hereby approve Zone Change 1-90, as described in section l(c) above, P ED, APPROVED AND ADOPTED by the City counc~f the city of S a each at a meeting thereof held on the - day of 1991, by the following vote: AY&9' C~i_"~.jp.d"; r-" 't--I, Uf /tJu,,) NOES: Councilmembers ABSENT, counCilmemb.r~t^~ -g~ '1; V>><t.'''~ ) Mayor - CITY OF SEAL BEACH '-f ~~lL"~'" ~ 0 0000000 11~~,~ ;~....ofO\l'OIl4"!o....,~t/~ I'Ul'+ '~;\'S\ f/'J!;O~'l,o(s 200 ~O: g,d ~-\o o.:~f ,";, o~o ~. 0 ~.1 ~+h.Q;"o:'. 27, \~~~~; ""I ('000000,.-" 4' ""_ (J Nrt . ~':tF .""llllll. ~ (12 Clerk Ordinance Number /~~ * * * STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF ORANGE ) I, Joanne M. Yeo, City Clerk of the City of Seal Beach, Ca rnia, do hereby certify tha~e~regOing ordinance is an o igi al copy or Ordinance Number ~ on file in the Office of e c'ty Clerk, , troduced at a m et1ng held on the -28~day of , 1991, and passed, approved and adopted by the f the Ci~ffieal Beach at a meeting thereof held ay of ~.AAbLl11~ 1991, by the fOl~OWing AYES: Councilmember NOES: Councilmembers ABSENT: Councilmembers and do hereby certify that Ord' ance published pursuant to the Seal Be No, 2836. No, J';t?~has been Cit~er and Resolution I 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 I~ter- ested In the above-entitled maUer, I am the principal clerk of the printer of the SEAL BEACH JOURNAL. a newspaper of. general circulation, printed and published wE'eklv 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 2/24n5. 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 dated, to-wit: ...~(.t"V{)"'L':;\ )'1 all In the year 19J1.1..- I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Seal Beach. California, this \'1 day of ..\a.l' , , 19~,L (\,~.llv;: Cj~",,;> .J Signature PUBLICATION PROCESSED BY: THE JOURNAL NEWSPAPERS 216 Main Street P,O. Box 755 Seal Beach, CA 90740 (213)430-7555 Ordinance Number ~~-Z~ This space for for the County Clerk's Filing Stamp ~ Proof of Publication of PUBLIC NOTICE/Public Hea:rlng ............................ . A~Jl.~ .e~f~ .~":t.~.''N...j,:>. .l!~'.(~V · dr)- ')0 NOTICE OF !~~ has been! PUBLIC,IiEARING pIIplIIICI. i , I NonCE IS HEREBY GIVEN'.... I"Moo -..' , fie ~ CouncIl 01 the bIy 01 Seal, 28-500 IIIrough 28-506, 28-600 ."wI bald a pl.fJIIc Ilerig CIIl: "lllUllh 28$4, 28-2600, 28-2601 ~. Jan&ay 28, 1991117;(1(), :._~ J sr,/iI,,1n CI1y CouncD CIIambefl,: AooIcanI: ~ Shet Seal Beedt, CAli ~ 01 Seal Beach \:Iealliider the 1oIIowtIg 118m: :,~' I Alllle above Gme and place an ~ERAL PLAN AIIENDIIENTS: kil8rIlIB~ pllIICIIlI may be heenll , 2A-9O AND 2lI-80 so dealred, II you challenge tile ZONE CHANGE 1-80 propoeed dons ~ courl, you may ZONING TEXT AIIENDIlEHT7-80 i be IImhecllll raising only 11I011 SURfSIDE RIGHT.()f-WAY :, .....'ya. er _ else nd8ecI ANNEXAnON III .. pl41Ic '-Ing deecIIlecI ~ "Is nob, er ~ wrIIen _pan- ilalDIllIt Ii dence deIwrecI \:I" ClIy 01 Seal To emend the Iand'USllICIeage ,Beach at, or prtor Ill, the publlc tables fer bolll the IJIad.UIe end Ir-tng. , the Housilg Element 01 the Gener.1 "II Plan 10 Indicalt the edcIton 011 i llATBl THIS 14" day 01 JIIIMIJ. - (1) acre 01 residen1IaIlow den- ' 1991. shy plllpllly; cIIenge the ZllIling 01' .IoIIlne M. Yeo, ClIy Clerk a portion oIl11e Southern Paclllc ~ 01 Seallleach rlghl-oI.way wllllln lIIe Surlslde , 'Colony tom SP PartckIg 2llI1lI, IS- .IenIeIy 17, 1991. PlIo Rlsldendallow Density, NiNl~"SeelIlBII.IcIUnBI. (aI.b) end; 10 amend Secfcns 28- ' ' 500 lhrough 28.506, 28.600 ; , W 28-8l4 0I1be C'''''' '" 1Iw 011I aI See! -10 pnMde ape. ,clfic developmenl atandards fer tiat porion 01 lie SouIhem PacIftc rlghl-of-way wllllln lIIe Surlslde Colony. end 10 pruvlde a apeclllc pok1Ilrom '"'*" 10 IIHIIIlIln buId- :Ing heighls fer aD oIlIIe Surfslde jColony, O'rdinance Number 18~ PROOF OF PUBLICATION (2015.5 C.C,P.) STATE OF CALIFORNIA, ,County of Orange I am a citizen of the United Slates 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 JOURNAL, a newspaper of general circulation, printed and published weeklv In the City of Seal Beach, County of Orange and which newspaper lias 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 :11.82583; 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 dated, to-wit: ..A . -:'-r i \J' " '. '1' r; ......: ~IW., t..,,~ I , J all In the year 19J1L, I certify (or declare) under penalty of perjury that the foregoing Is true and correct. Dated at Seal Beach, California, "1 /1 ' this day of .-Lc...t) , ,19~L C.'Vi':-\ \, i.,o.;" \,.: l.'- "0 ,v:) \ Signature '.' PUBLICATION PROCESSED BY: THE JOURNAL NEWSPAPERS 216 Main Street P.O. Box 755 Seal Beach. CA 90740 (213)430-7555 This space for for the County Clerk's Filing Stamp I ~ Proof of Publication of PUBLIC NOTICE/Summary Ordinance ............................ . /.. " A' J. ' JJ)'?! -..-;:)..,,,\1''/1' ~qJ() .(1.('! rn~J.r(I'P; . . . 9:, ...J;)< SUMMARY.:; , ... ClRIlINANCEIUIIIER 1. ~2rUCHaIItII:t..., SlJA f'& '~tIU'"v''' - '. ,",\'if.j,""',:" Ordinance Number 1324 01 the City 01 Sea! Beac~. approving, Zone ~hange 1-90, changlng lhe' zoning oIlhe ~ pcIf1Ion 01 the Soll1l!em PaCItIc f!lghl-ol. Way within the SUrlalcle 'cciion, from S.P Parking lana, (8.#),10', Residenllall.!lw Density, (RLD), was lnroduced,aI" lIIgulii ~ CouncU lI!eeUng of Januaiy 28, 1991 and ft!81 ~Ing of Ordi- nance Number I~Wai~ I7t "1aIowing \'IIIIl: , , I , " AYES: . ~yIhe:.~.' : Hunl, Laszlo, WIllIan ; NOES: NOne .. . , MoIIon canted ' ',,:' . Ordinance -Number;' t 324: iiill receive second reading" aiii!;lie considered far ~ aI"-- uIar CIty CouncIl ~ at FeiliG- 81'f It, 1991. ~Ot ai8naiici Number 1324 are available allhe1 oIIIce 011118 City .~, CIIy'~ : 211-8111 SIreeI. ~ ~"h; lei.. phone (213)431-2527... _ , ~, - .:.. I ."l::- ".' r.:~. DAT8>THIS _ .......iit,..~.~ 1991 ."r,. o:-,\",!r, ~M.Yao,~ai.t ,.' CAy of l!eaIlleach ' .' , ; . . . ...... ~ ..."J ". ., I February 7, 1991.. ,..~..:; ',:. ~ II" SealIleach 0l0IrnaI. , .'.. Ordinance Number /3:lq 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 JOURNAL. a newspaper of general circulation, printed and published weeklv 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 2/24n5, 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 dated, to-wit: -::1"-c.b)lt~a"L4I~ ';;J I all In the year 19jL I certify (or declare) under penalty of perjury that the foregoing Is true and correct. This space for for the County Clerk's Filing Stamp Proof of Publication of PUBLI.C NOTICE/Summary Ordinance ............................ . ~., r'^ . ./. " 1:) " 'I 1'\ ,17"U-l'''1 L~' ! ftl'/\iA. uc.:J.: "D. . I:. J I ~". . . . . . ~ J" . . . . . ~. . . . . . . . . . . / :.,<;) Dated at Seal Beach, California, this </'/ day of 1:...L-b., 19...11.L e f'ld:4..ui [) A.. ...,-",) ~ Signature Ordinance Number 1324 ollhe Clly 01 Seal Beach, ll/lprovlng, Zone Change 1-90, changing lIIe ZllIlIng oIlhe ~ por1Ian 0I1ha Sou1ham Pacific R1ghl-ol- Way W1lhln 1118 SurCIlde Colony from s.p I'IrIdng lqne, (S-P), 111 Reslden1l8l Low D8118I1y, (RLD), receMId sacond II8ilIng and _ adopIBd IIlhe IlIgUIIr Clly CouncfI meallng 01 February 11, 1991 by lhe IolIowhg vaIt: ' AYES: HaslIngs, HunI, I..as2lo, WIlson NOES: None ABSENT: ForsyIIe Motion carrIIld I CopIei 01 Ordnance Number 1324 i are available In 1ha oftIca oIlhe : Clly Clerk, Clly Hall, 211-8th , Stree~ Seal Beach; lelephone (213)431-2527. . DATED TIllS 12111 day 01 February, 1991. Joanne M. Yeo, CI1y Clerk c;nv 01 Seal Beach . February 21,1991. Nished hili Seal Beach JoumaI, . I I PUBLICATION PROCESSED BY: THE JOURNAL NEWSPAPERS 216 Main Street P.O. Box 755 Seel Beach, CA 90740 (213)430-7555