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HomeMy WebLinkAboutCC Ord 1329 1991-03-11 I I I ORDINANCE NUMBER /j.;z.? AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACR APPROVING ZONING TEXT AMENDMENT (ZTA) 1-91, APPROVING SUBDIVISION TEXT AMENDMENT 1-91, AMENDING SECTION 21-32 OF THE CODE OF. THE CITY OF SEAL BEACH AMENDING THE PARK LAND DEDICATION FEE REQUIRED IN CONJUNCTION WITH A RESIDENTIAL SUBDIVISION OF FIFTY (50) OR FEWER LOTS. 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) In March of 1990, the Council authorized the Planning Commission to initiate a zoning Text Amendment (ZTA) to decrease the minimum lot size in the Old Town area (excluding the Gold coast) from the existing 5,000 square feet to 2,500 square feet. In its initial review of this ZTA staff determined the City'S park land dedication fees, as set forth in Section 21-32 of the Code, require a payment to the city of approximately $78,000 for each subdivided parcel (in Old Town). (b) The last s\,hdivision in Old Town which required thp. payment of a park land dedication was 801-805 Ocean Avenue (3 units) in 1975 for the sum of $2,520 or $840 per unit, since that time the city has received no park land fees from the Re':lidel"r.j,al Medium and Residential High Density (R~D) and (RHD) zones of Planning District I. (c) Staff prepared an initial environmental assessment and proposed Negative Declaration as required by the California Environmental Quality Act (CEQA). (d) The Planning Commission held a duly noticed public hearing was held on January 16, 1991 and continued to February 6, 1991 and approved Resolution Number 1613, recommending approval of Subdivision Text Amendment 1-91 to the City Council. (e) The Planning Commission made the following findings: 1. Subdivision Text Amendment 1-91 is consistent with the provisions of the General Plan. 2. The City's present park land dedication fee schedule is inordinantly high for improved land. The present fee schedule encourages developers to construct multiple unit structures and condominiums rather than single-family dwellings on the City'S larger improved lots. E"lbdivision Text Amendment 1-91 coupled with proposed Zoning Text Amendment 1-91, will encourage subdivision of the larger lots ir Old Town which will generate park land fees, as opposed to the present policy which ~ncour.ages condoThinium conversions which provide the city with no park land fees. The City can utilize these park land fees to improve existing City park facilities, as well as to purchase new park land. 3. (f) The City Council held a duly noticed public hearing on Mo~day, February 25, 1991. Ordinance Number ~~~ I (g) Subdivision Text Amendment 1-91 will not cause any adverse environmental impact as shown in the initial study for the Negative Declaration 4-91, and therefore the City Council adopts this Negative Declaration. (h) Subdivision Text Amendment 1-91 will not adversely impact the health, safety and welfare of the surrounding community. section 2. Paragraph (4) of Subsection (C) of section 21-32 of Chapter 21 of The Code of the citv of Seal Beach is hereby added to read: "4, Exception: For residential subdivisions of fifty (50) or fewer lots the park land fee in lieu of dedication shall be $10,000 per lot created by the subdivision. I Notwithstanding this exception, the City retains the discretion pursuant to Section 21-32.B.1 of the Code to require dedication of land or a combination of land dedication and in-lieu fee." Section 3. Staff is hereby directed to review the fee schedule and recommend changes as appropriate every five years. NOW, THEREFORE BE IT ORDAINED that the city Council of the City of Seal Beach does hereby approve Subdivision Text Amendment 1- 91. PAl' APPROVED AND ADOPTED by the city counci~'.if the City of Se e~ch ~a meeting thereof held on the ~- day of _QM./ ,\, 1991. I ~~,~~ I Mayor CITY OF SEAL BEACH .o-~m,,,\, .::#" ~ SEAL 11''''1, ':", 0..000000.... #of'l'" # 'i1......0U'OQ"J'-00 C '".. I r:; ,of' 'o\'oSo _Tt J"4- ~\o(sl 10 : g eel ' a 0 .0...2 ~... 00 o::e~ '~.,. 00..... 't' 0 ~Jt ~~~Q.~..~:'" Jr, \",..~tP.I h..~ C': oooooo~~ '''""OUNt't, I " I I I Ordi.nance Number /..5.29 " STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF ORANGE ) , I , I, Joanne M, Yeo, C1ty Clerk of the C1ty of Seal Beach, California, do hereby certify' that the foregoing ordinance is an ori inal copy or Ordinance Number ~~9 on file in the ~fice of th ity Clerk, introduced at a meetIDij held on the O?~- day of 199 and passed, approved and adopted by the ci f Seal Beach at a meeting thereof held ~ , 1991, by the following C1 counc~i on the //_ vote: AYES: ~ tJ..itbnJ NOES: ABSENT,: ~~members: and do hereby certify that Ordinance No. J'~02Q has been published pursuant to the sea~ Beach cit~er and Resolution No, 2836, Ordinance Number /,j~9 , PROOF OF PUBLICATION (2015,5 C,C,P,) STATE OF CALIFORNIA, County of Orange I "III Q ....111/011 ur Ihu Ulllhul :..JtQlu~ 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 2/24/75. 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 dated, to-wit: >f Lb \...4-);. 11,/ ---------------~-------------- nil III IlIn VU", I U Iff I certify (or declare) under penalty of perjury that the foregoing Is true and correct. Dated at Seal Beach, California, this _I il day of 1-,-L) ,19.i.L I' '- ,( __ '''I~Y.c' ',--/"", ., ,.-' d 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 , '~ ... .;~.~)~t;L.I.u.'.~ ~.q:.L... !-;~.~ l' ' C' . . . . . ..~I.){J-.~;fJ(J.{1J {!..!--; . . . ~~ . f{ . . NOTICE OF PUBLIC HEARING EnvIIllMlIlllllllIllrJlew: A NegalIve Declaralion will be pre- pared, NOTICE IS HEREBY GIVEN 11181 ,., lie City Council ollie Ci\y 01 SeeI >vIA SedIons' Beach wiD hold a public hearing on 2t -32 Monday, February 25, t99t 817:00 Applcant porn. In lie Ci\y CouncIl Cham~ 211 Eigh1l1 S1r..~ Seal Beach, ClIy 01 SeeI Beach Calitlmia 10 ~ lhe foIIowiIg IIIlm: SUBDIVISION TEXT ORDINANCE 1-81 PARK LAND DEDICATION FEES I!IlulIIt To amend SectIon 21.32 of IbI Cod. of the CIlv at SA.. B8ach decreasing lhe perk land dedica. tion I.. required In conjunction wIIh e reeIdenIaIsutidM8lon. Qlmmarv. The Planning Commission, at Its FebruaIy 6, 1991 med1g recom- mended to lIIe CIIy Council a reduc1Ion In lie perk land dedIca. tion Iaes collaC1ed by lhe ClIy In con~ witt tie UcIvIslon 01 resldenlalland. The Commission recommended a lee 01 $10,000 ' per suIldIvIded 101 " be uIIIzBd Irt \he CIly lor tile Purchase 01 new park land 'or lie rehabill1a1lon 01 exlstng palk and recreelIonaIllld. lies, Allhe abova time and place all inlElresIIld paIIOI1I! may be hlllI'd I so desired. "you,ChJllenge lhe proposed acIlon8ln ccurt, you may be limited 10 raisIng only'1I101e Issuee you or __ eIBe raIsecI II" public heerIng deecrlbeclln 1hIB noIc8, or iii wr\IIDn correspon. cIence deIwlred " lie ~ 01 Seal I Beach at, or prior to, 1I1e publiC hearing. I DATED THIS 1211 day 01 FebrulIy, ,19l!1. Joame M.- Yea, CIty Cleric ClIy 01 Seal Beach ~14,1991, NIInd In" SeIIIIliIII:hJcunal 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 tM 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 Iiu 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 A825B3: 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: -1J Jt'12tl '7 all In the year 19.11.L I certify (or declare) under penalty of perjury that the foregoing Is true and correct. Dated at Seal Beach. California, this -L day of 'lJJ;iicf,; 19.iL ' /" .., L~Yr1t!iI-L'; L.~ti~) j Signature PUBLICATION PROCESSED BY: THE JOURNAL NEWSPAPERS 216 Main Street P.O. Box 755 Seal Beach, CA 90740 (213)430-7555 Ordinance Number /329 , This space for for the County Clerk's Filing Stamp Proof of Publication of PUBLIC NOTICE/Summary Ordinance ............................ . , --) ", A.'" ")"- '~wi'I."'I:1I1:1.:.'"J /_.j.l,~'/"{'.ll:t.,J..L [\. I....)c;.--./ ..... I.. "1"...................... 'J' SUMMARY 0AIlIfANCE IUIIER 132P . RUl(l.AM)~FEB Ordinance Number 1329 01 Ihe CIty or SeelIIeach, nendIng Sec. lIan 21-32 ,or \lie Codi or \lie CIty or SeeI ~ III III8d 'lor IlI&Iden- lIalsubdlvlilons of ftIIy 'or ,,_ 1ollI" plIllland lee In leu or ded- Ication shaI be '10,000 per 101 CIII- aled by the subdlv1slon'. thus reduci1g \lie cunenllee to a IIl8- sonable Iev8I, _ Inroduced at \lie .. CIty CouncI meeIng of I'ellrIBy 25, 1991. FnlI8lldi1g or ' Ordinance Number 1329 was appIU'o'8d bv 1hi1ooowlng voB: AYES: Fonylhe. HssIngs, Hunl,LaszIo NOES: None ABSENT: WIson : MolIon canfed a. Ordinance Number 1329 will receive second reading and be consklel9d b- adoption at .. reg- I ular CIly Councl meetng of March l.lI, 199t. Copies 01 Ordinance i Number 1329 are available aI \lie ; office 01 the CI\Y Clerk, City Hall. : 211-81h Slree\ Seal Beach: 1B1e. , phone (213)431-2527, DATED THIS 27Ih day of FobruaJy, i 1991. I Joanne M. Yeo, CIty Clerk CIty or SeeI Beach ~ FebnllDy 7, 1991. RdiIshed n" Seal Beach Journal, Ordinance Number 1:;,.2/; , ./ 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 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 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 dated, to-wit: . / i )(:.. . e./- ,:) I all In the year 19..i1., I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Seai Beach, California, this ,-) I day of ,//'. , ,19..i1., l' ,""...(. i. , 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 ............................ . ( , . : I? ~ -, ) ,I"~ ,/ _>'.'jI.IOtitl., '.\/l,,({I./Ic..l ,vf), ,),-1 'j ,', -- 'l-u"I'.~(1 . . . . _ I_I . U . . . . . . . . . . . . ~ . . . . . . . / J . ...---- -.. ~.----. SUMMARY: I 0RDIlANCE NUllBERI321 I PARK L6ND NN"'.A'MN FEES Ordlnanca Number 1329 oC lhe, CIty 01 SealIleech, amending See- lion 21-32 01 tie Code 01 tie CIty ! 01 Seal Beech 10 l8IId 'lor I1lSIclen- 1IaI subdivisions 01 ftIIy or fewer IolIlhe perk lend lee In lieu 01 ded. IcalIon IhaI be $10.000 per 101 en- aled by lhe subdivision', lhus l8ducing .. CIIIlllIIIIee 10 a rello: sonable level, received aecend reading and was adopted at lhe' regular City Council mllting of ,March 11, 1991 by lhe following , VOI8: I . AYES. FcnyI1e, HIIlIJvs, HIr1I, lJlszIo, Wilson NOES; None Motion CIIIIIed Copies 01 OrdInance Number 1329 are available at the oftIce 01 the City Clerk, City Hall, 211.8lh Str..t Seal Beach; telephone (l13)431-2527, DATED 1ll1S 1211I day 01 March, 1891, ' Joanne M. Y8o, ~ CIer1t ~ 01 Seal BelIch , MeIth 21, 1991. Ad&IIldh.. SealIleech JournaL I