HomeMy WebLinkAboutCC Ord 1330 1991-03-11
I
ORDINANCE'NUMBER ~~~~
AN ORDINANCE OF THE ,CITY COUNCIL OF THE CITY
OF SEAL BEACH APPROVING ZONING TEXT AMENDMENT
(ZTA) 1-91, AMENDING SECTIONS 28-701, 28-801
AND 28-2301 OF THE CODE OF THE CITY OF SEAL
BEACH TO DECREASE THE MINIMUM LOT SIZE IN THE
RESIDENTIAL MEDIUM AND HIGH DENSITY ZONES
(RHO) AND (RHD) OF PLANNING DISTRICT I FROM
THE EXISTING 5,000 SQUARE FEET TO 2,500
SQUARE FEET.
THE CITY COUNCIL OF THE CITY 0F SEAL BEACH DOES HEREBY ORDAIN AS
FOLLOWS:
I'
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.
(b) The intent of the proposed ZTA is to bring the minimum
lot size requirements into conformity with the city's
density requirements.
(c) Staff has prepared an initial environmental assessment
and proposed Negative Declaration as required by the
California Environmental Quality Act (CEQA). Staff
received no comments back regarding the proposed ZTA
(d) The Planning Commis~ion held a duly noticed public
hearing on January 16, 1991 which was continued to
February 6, 1991 and adopted Resolution No. 1612
recommending approval of Zoning Text Amendment 1-91 the
city Council.
(e) The Planning commission made the following findings:
,
1. ZTA 1-91 is consistent with the provisions of the
General Plan. '
2, The proposal will not increase the density of
development within the Old Town area (RMD and RHD
zones of Plann~ng District I).
3. The effect of this proposed amendment will be to
allow the large non-subdivided or previously
subdivided properties which are not subdivided to
25 foot wide lots in Old Town to subdivide down to
25 foot wide lots, similar to the majority of lots
in Old Town.
1
5,
ZTA 1-91 will encourage the construction of
single-family dwellings over the same number
mUlti-family dwellings.
ZTA 1-91 will not alter the number of units which
could ultimate~y be constructed in these zones.
Since the density requirements will remain the
same, the same' number of units will ultimately be
available.
4,
6. ZTA 1-91 coupl~d with the proposed amendment to
the Ci~y's SUbdivision ordinance, will encourage
subdivision of the larger lots in Old Town which
will generate park land fees, as opposed to the
present policy which encourages condominium
conversions w~ich provide the city with no park
land feee. The city can utilize these park land
fees to impro~e existing city park facilities, as
well as to purchase new park land.
Ordinance Number /.3J~
7. The majority of parcels affected by ZTA 1-91 are
already subdivided lots and any future
subdivisions would simply be re-subd1vision of the
land, very similar to an internal lot line
adjustment.
(f) The City Council held a duly noticed public hearing on
Monday, February 25, 1991.
(g) ZTA 1-91 will not cause any adverse environmental I
impact as shown in the initial study fo~ the Negative
Declaration 3-91, and therefore the city council adopts
this Negative Declaration.
(h) ZTA 1-91 will not adversely impact the health, safety
and welfare of the surrounding community.
Section 2. Article 7. Paragraph (a) of Subsection (1) of
section 28-701 of Chapter 28 of The Code of the citv of Seal
Beach is hereby repealed in its entirety.
section 3, Existing Paragraphs (b), (c) and (d) of
Subsection (1) of Section 28-701 of Chapter 28 of The Code of the
city of Seal Beach are hereby renumbered (a), (b) and (c),
respectively.
section 4. Article 7. paragraph (a) of Subsection (2) of
Section 28-701 of Chapter 28 of The Code of the citv of Seal
Beach is hereby added to read:
"(a) Minimum Lot Size:
.
Width',int7rior lot-
D1str~ct I .....................,..........
Districts II
........,.............,.....,.. .
25 ft.
50 ft.
I
Width, corner lot -
District I .............................. 27~ ft.
Districts II ..............,............... 55 ft.
Depth -
Districts I, II
. . . . . . . . . . . . . . . . . . . . . . . . .
100 ft.
Area, interior lot -
District I ........................ 2,500 sq. ft.
Districts II .......................5,000 sq. ft.
Area, corner lot -
District I ........................ 2,750 sq. ft.
Districts II ...................... 5,500 sq. ft."
section 5. Existing paragraphs (a), (b), (c) and (d) of
Subsection (2) of Section 28-701 of Chapter 28 of The Code of the
citv of Seal Beach are hereby renumbered (b), (c), (d) and (e),
respectively.
Section 6.
of Chapter 28 of
amended to read:
Article 8. Subsection (1) of Section 28-801
The Code of the citv of Seal Beach is hereby
I
"(1) Minimum Lot Size:
Width, interior lot -
District I ,...,..,..............,............
Districts II, VI
. . . . . . . . . . . . . . . . . . . . . ,. . . .
25 ft.
50 ft,
Width, corner lot -
District I .............................. 27~ ft.
Districts II, VI ...........,............... 55 ft.
Depth -
Districts I, II, VI..................... 100 ft.
Ordinance Number ~~~
Area, interior lot -
District I ........................ 2,500 sq. ft.
Districts II, VI ...................5,000 sq. ft.
Area, corner lot -
District I ........................ 2,750 sq. ft.
Districts II, VI.................. 5,500 sq, ft,"
I
section 7.
of Chapter
amended to
~ticle 2~. Subsection (2) of section 28-2301
28 of The Code of the City of Seal il~acn is hereby
read:
"(2) Exceptions: Area, width and depth of
nonconforming lots.
.
(a) Except as otherwise provided in this chapter a lot
having an area, frontage, width or depth less than
the minimum prescribed for the district and zone
in which the lot is located, which lot is shown on
a duly approved and recorded subdivision map or
record of survey map or for which a deed or valid
contract of sale was of record prior to the
adoption of this chapter and which had a legal
area, frontage, width and depth at the time that
the subdivision map or record of survey map, deed
or contract of sale was recorded, may be used for
any use permitted in the district and zone in
which the lot is located; provided that said lot
and use conform to all regulations of the district
and zone other than lot minimum area, width or
depth.
NOTE:
The following schedule is provided for
information purposes indicating legally
acceptable minimum lot areas and widths prior
to the adoption of the ordinance codified in
this chapter,
I
Schedule Of Leaal Lot Areas Prior To Adoption
Of The Ordinance Codified Herein
Minimum Leaal Area and
Prior to 1/18/55
Per Ord. 406
Dimensions of Lots of Record
If ' ,I J,.
1/18/55 to 1/~66 ~l
Per Code 21-8
Area Width Area width
Zones Sa. Ft. Feet Sa. Ft. Feet
R-l 2,400 25 5,000 50*
R-2 2,400 25 5,500 50*
R-3 2,400 25 6,500 50*
1/15/66 to 6/26/74 6/26/74 to 4-10-91
Per Code 21-8 Per Ord. 948
Area widt'h Area width
I Zones Sa. Ft. Feet Sa. Ft, Feet
R-1(RLD) 7,000 70 5,000 50*
RMD(RMD) 7,000 70 5,000 50*
RHD(RHD) 7,000 70 5,000 50*
*Minimum corner lot width --55 feet.
(3) No lot area shall be so reduced or diminished that the lot
area, yard or other open spaces shall be smaller than
prescribed by this chapter, nor shall the density of
population be increased in any manner except in conformity
with the regulations established by this chapter.
(4) The minimum width of corner lots shall be ten percent
greater than the minimum width for the district or zone
given in the zoning schedule.
Ordinance Number /~O
.
(5) When any lot or parcel in any zone contains a greater area
than the required minimum lot area for the zone in which it
is located, said lot or parcel may be divided into
individual lots provided each resulting lot contains the
minimum required length, width and area for the zone in
which it is located."
NOW, THEREFORE BE IT ORDAINED that the City Council of the City
of Seal Beach does hereby approve Zoning Text Amendment 1-91.
P
Se
D, APPROVED AND ADOPTED by the City councih~f the City of
each at a meeting thereof held on the IL - day of
, 1991.
I
'7g~ 7). ~~
Mayor
CITY OF SEAL BEACH
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." OUNt't,
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF ORANGE )
I
I, Joanne M, Yeo, City Clerk of the city of Seal Beach,
California, do nereby certify that~h~ foregoing ordinance is an
or" inal copy or Ordinance Number~ on file in the Office of
t c'ty Clerk, introduced at a meet1ng held on the ~day of
199 , and passed, approved and adopted by the
Cit Seal each at a meeting thereof held
1991, by the following
C~cilmem~ U M.. / /
?!t'k:q.#4A-L~ II :X~,~ ;tf- tlJ<~
NOES: ~members
ABSENT: ~embers
and do hereby certify that Ordinance
pUblished pursuant to the Seal Beach
No. 2836.
AYES:
NO.~~~~ has been
Cit Charter and Resolution
I
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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 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 an!! entire Issue of said
newspaper and not In any supplemel)t
thereof on the following dated, to-wit:
-q~h../1,4AtU~ I ~/
all In the year 19K,
I certify (or declare) under penalty of
perjury that the foregoing is true and,
correct.
Dated at Seal Beach. California,
this ;l day of 4..(..10 ' ,19_iL
" II , (',
c... 'f, JIl .H~'-C~ ! I.J.1. ,1 ~
Signature
PUBLICATION PROCESSED BY:
THE JOURNAL NEWSPAPERS
216 Main Street
P,O, Box 755
Seal Beach, CA 90740
(213)430-7555
. '
Ordinance Number
/ol.3"
This space for for the County Clerk's
Filing Stamp
Proof of Publication of
./i .....-.-- -{-
. , , :-t. ~ -= : ~ ~ I.J . , , . , , !-;~..!: . -. . . .
() Je:
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NOTICE OF
I PUBLIC HEARING:.
NOTICE IS HEREBY GIVEN IIl:aI
the CIIy CcllIIcII 01... CIIy of ~
Beadl wi! hold. a p~ haari1g an
Monday, FebruaJy 25, 1991117:00
p,m, In CI1y CouncD Chambers,
211 Eighth S1rea~ Saal !laach,
CalIbmia 111 consider the 1oIIowing
1lBm:
ZONING TEXT AMENIlIIBITl.91
MINIMUM LOT SIZE
'\ IN OLD TOWN
RESIDENTIAL HIGH DENSITY
I' AND RESIDENTIAL MEDIUM
, DENSrrv .
I
fIlliluiIt
I 'To amend SacIIans 28-701 (1) and
I 28-801 (1) of The "...... 01 the CIIv
I 01 Saal Boach to decreue the
minimum 101 slza from 50' x 100'
(5,000 1Ill, 11.) ., 2S' x 100' (2,500
sq.1I.) In the Resldenlal HIgh Dan-
slly (RHO) end the Realdential
MedIum 0ensIIy Zlll18I of 1lIslricI1.
. .. Summarv' _
In MlRh of 1990, the cay CoIIIeI
eulhartzed the PIerW1g Commls.
slon to Inltlale a ZOIllng Text
Arnendmant at cIecr-. the m~.
mum lOt/size for the Residential
HIgh and Medium Donsl1y zones,
(RHO) and (R1.Il) of DIslrIct I (Old
Town) lrom the existing 5,000
8qU8I8 leal 10 2,500 square faeat.
The prolense lor this proposed
ZTA wu to allow the large non.
slDllvldod or pr.evIously slDlMd-
eel papel1les which In not subdi-
vided to 25 loot wkie Io1s In Old
Town 10 subdivide down to 25 1uo1
wide lois, slmllar., 1I1e mejorl1y of
IoIs In Old Town. ThB wII encolr-
age the c:ons1ruc:Ilan of s1ngle-1IIm~
Iy homes over multlple-Iamlly
dwlIlIfngs u lire "'* pl888ll11y
IlMn.
Et..LuIII...MI AIIvIIMr.
. A NegatIve Doc:IandIon has bean
pIlIIlMld.
t"NI. .......
~701, 28:801 and 28-2301
~~
CIIy of Seal e.dI
Al the above time 8IId placa all
InlnItld personI may be heanI .
ao desired. II you challenge lIlo
plllp08lId aclIonIln COIII1, you may
be Hml1ed 10 ralslng only lhoee
1I!.U8I you or 8ClI1IllCl!'8 else iaIged '
, aI the pubic ~ deIcrIled In I
this nolIce, or h wrlIIen CCllI8IflClIl-
dence cleIveIed tit. CIIy of Seal ,
Beach a~ or p~or 10, tho public
hoaJIng,
DATED THIS 12111 day of February,
1991.
Joanne M. Yeo, CIIy Clerk
CI1y of Seal e.dI
I February 14, 1991.
I NlIsIIICI h t. Sell BealtI JcurlIIl
Ordinance Number /~~
PROOF OF PUBLICATION
(2015.5 C,C.P.)
STATE OF CALIFORNIA,
,County 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 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:
...''1 I... ,_,
J' /h'" /. .'/
J //A.IJ tit..
all in the year 19J1.L
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Dated at Seal Beach, California,
.... /n?
this /1 day of // j.3i. ;.;., , 19~L
"
(I ;"......,
-tj,?ftl!l.,; ,~..'l,:'1..'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
............................ .
'-" .
/. t<<4 A ' / =-
) ", h /!tI/.",.J:; Il....C. J"3 0
("111,* . "1.1~]. ~ ................
SUMMARY
ClADIWlCE 1IJ1llEA1330
I"lI:I"aCAC!t: OF.... at LDrSI2E:
Ordinance Number 1330 01 the
CIty 01 Seal Beach"amending Sec.
lion 28-701, 28-801, and 28-2301
01 the Code 01 the City 01 Seal
Beach, reducing Ihe minimum lot
&lze in Ihe Residenllal MedIum and
High Density Zones 0( Planning
D1s1ric1 One, Ihe Old Town area,
excluding Ihe Gold CoesI, from Ihe
exIstklg 5,000 square IeeIID 2,500
square Ieel, was lnIrIlduced a11he
regular City Councn mHting 01
February 25, 1991. Fnlreading 01
Ordinance Number 1330 waa
appruved by 1he IoIIowIng Y01e:
AYES: FoI\y1he, HesInga,
Hunt, Laszlo
NOES: None
ABSENT: Wlson
Mo1Ion carried
I
r....f:J
Ordinance Number 1330 wl11
receive second reading and be
, consilered lor edoptIon a11he reg. '
uIar City Councl meeIng 01 March
1" 1991. Copies 01 Ordinance
Number 1330 818 avaIabIe a11he
oIIIce 0I1he City Clerk, City Hall,
211-81h S1reel, Seal Beach; Isle.
phone (213)431-2527.
DATED THIS 27Ih day 01 February,
, 1991.
Joanne M. Yea, CIty Clerk
~ 01 Seal Beach
~
FeIlNaI\'o7. 1991.
Nishlld h 118 Seal Beach JoumaJ,
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 matter,
I am the' p'rinclpal 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 Super/of 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:
1na/lcJ- .-.) I
all In the year 19..iL,
I certify (or declare) under penalty of
perjury that the foregoing Is true and
correct
Dated at Seal Beach. California,
'I ~' ,
this ,.... dayof.' /.;,,((., 19JI,L
I ,
-,....)'-t;~'.-.t //.:.,.,1:)
.' Signature
~'
PUBLICATION PROCESSED BY:
THE JOURNAL NEWSPAPERS
216 Main Street
P.O. Box 755
Seal Beach, CA 90740
(213)430.7555
Ordinance Number ,1~~
This space for for the County Clerk's
Filing Stamp
Proof of Publication of
PUBLIC NOTICE/Summary Ordinance
............................ .
( " ') ,,,,,;,
./. 11,/ll.lL.-'1 I .',"'.).110./11.'( IV.::, I~.)C' .::../- (...:l...<(.",
......._l _............................
J
SUMMARY
0RIltlANCE tIJleEIl1330 1
na"aCAKrJ: IIIIIUI LmSIZE j
Ordinance Number 1330 of the
CIIy of Seal Beach, emending Sec.
lion 28-701, 28-801, end 28-2301 ,
of fhe Code of the City of Seal'
Beach, reducing the minimum 101
sIa In the Resldenlial MedIum and
High Density Zones of Planning
District One, llIe Old Town.area,
excIudng the Gold CoesI, from 1I1e
eldslkIg 5,000 &quare leet to 2,500
square f8eI, receIv8cI second __
i'1g end _lIlopIed III the l8!lular
mee1Ing of March 11, 1991 by the
Ial10wlng voI8:
AYES: Forsy1he, Hastings, .
Hunt, laszlo, WIson
NOES: None
Mo1Ian canted
CopIes <II 0nInance Number 1330
are avelIabIe at the olIIce of the
City Clerk, City Hell, 2"-8th
Slreef, Seal Belch; telephone
(213)431-2527,
DAlEO THIS 12th day of March,
1991.
Joenne M. ~ CIIy Clerk
CIIy of Seal Beach
March 21, 1991.
Rdshad 11.. Seal Beach JournaL