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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 .....~,:mll~.. '" ~ SEAL 8"'~ .: 0 .000000 ~of "I .# ~Jf.oo.POIl"J";;.oo,. C.lb. ""',;; ",+ 0"1>-' '9: 8"4-8 ~\-tlz. ~ 0 0....1 ~Oo g...~ ~ 0 .0 -2 ~,.,~o ~: 2:~ ~'V .0.... ~~ ~l! ~J.i-Qo~Of.. 21, ,q" fl 'r...-~ r:, 000000 ,r;..... ." 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 - 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: . . . . ~/.L-.i/}~ :~.lf~ )!~(o-A.. . . :: ,( (. 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