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Home My WebLink AboutCC Ord 1358 1992-08-10 I I I , ORDINANCE NUMBER /458 AN ORDINANCE OF TIlE CITY OF SEAL BEACH APPROVING ZONE TEXT AMENDMENT 92-4, AMENDING SECTION 28- 1155(b)(4), AMENDING THE MINIMUM RESIDENTIAL SIDE YARD SETBACK TO TIlREE (3) FEET WITIlIN TIlE LIMITED COMMERCIAL ZONE (L-C) THE CITY COUNCIL OF TIlE CITY OF SEAL BEACH DOES HEREBY FIND AS FOLLOWS: WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, on December 9, 1991, the City Council approved General Plan Amendments 2A-91 and 2B-91, Zone Text Amendment 4-91 and Zone Change 2-91, creating the Limited Commercial Zone; and the Limited Commercial zone permitted service type commercial uses on the first and second floors with residential uses permitted on the second and third floors; and the required residential side yard setback was ten percent (10%) of the lot width; and the first development plan reviewed by the Planning Commission proposed 3' side yards, and the Code required 6.25' side yard setbacks; and a request was made by the project proponent for the Planning Commission to reconsider the adopted residential side yard setback requirement; and the subject zone text amendment would apply to all properties within the City which are currently zoned or would be zoned in the future as "Limited Commercial" within the City; and the proposed Zone Text Amendment is within the scope of Negative Declaration 8-91, which was approved by the City Council on December 9, 1991; and a duly noticed public hearing was held by the Planning Commission on June 17, 1992 to consider Zone Text Amendment 92-4; and the said Commission held said aforementioned Public Hearing; and at said public hearing there was oral and written testimony and evidence received by the Planning Commission; and the Planning Commission makes the following findings: 1. The proposed Zone Text Amendment will amend the residential side yard setback requirement within the Limited Commercial zone (L-C). from 10% of the lot width to three feet (3'). 2. This proposal will not result in any significant adverse impacts. c.... - Ordinance Number ~~~~ 3. This proposal is within the scope of Negative Declaration 8-91, which was approved by the City Council on December 9, 1991. 4. The proposed amendment will provide adequate light and ventilation, separation, and privacy. 5. Due to the unique circumstances of the Limited Commercial zone, with residences allowed to be located only on the second and third floors, the proposed residential side yard setback is in accordance with community standards for dwelling units in the adjacent residential areas; and I WHEREAS, the City Council held a duly noticed public hearing on Monday, July 27, 1992; and WHEREAS, the City Council received into evidence the Report of the Planning Commission, including the Staff Report and Planning Commission Minutes of June 17 and July 1, 1992, and Planning Commission Resolution No. 92-16. In addition, the City Council considered all written and oral evidence presented at the time of the public hearing; and WHEREAS, at the conclusion of the public hearing, based upon the evidence presented, the City Council determined to approve Zone Text Amendment 92-4. NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Seal Beach does hereby approve Zone Text Amendment 92-4, and amend Chapter I 28 of the Code of the City of Seal Beach as indicated below: Section 1. Section 28-1155.B.4. of the Code of the City of Seal Beach is hereby amended to read as follows: "Section 28-1155.B. Yard Dimensions: 4. Yard not abutting street or alley: Commercial .................................... none R 'd . 13ft .. 10 ft . **" eSI entia ................ . mm1DlUm, m3XlD1um NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Seal Beach does hereby approve Zone Text Amendment 92-4. of , APPROVED AND ADOPTED by the City Cos>>lcil of the City at a eeting thereof held on the ;/t? - day of ,1992. I A1TEST: .' ~/ ~ ~~~~ Lf:o 'ty Clerk ~UM daLAjdL Mayor CITY OF SE~~EACH ;~ 5E:'\\\I, ;~ 0 ...... B~ "" .#: ~ ...ro"o.:::..~~ ~ ~ c.; .',~ "0.' 's. ~ :; lb'l. .. 7....... ..q. ~ . . 'I ~o: :.c~ ~,a~~ ~ V #iI.;~f ~,.." \..=..,. ...."":: 11..1-Q...Oil~', .., ,_'''..'LfJ,iF '~t". ,. .........- A ~.......... .....\..: ,h. '0" ... (.r.::T "'''\'. ..,.,.. .r;-- ,.\\",-~ I I I' Ordinance Number ~~~ STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } AYES: Councilmembers ctif NOES: Councilmembers ABSENT: Councilmembers and do hereby further certify that Ordinance Number .J.~ has been published pursuant to the Seal Beach City Charter and Resolution ~836. ~,~.,:0( t: . lerk ' Ordinance N~~er ~~~ 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 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 sul\plement thereof on the following dates, to-wit: _\~ Itp all in the year' Jl2... I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Seal Beach, California, this Jk.. day of \ , 19~. ",) 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/Public Hearing ............................ . . ~.liN. . ~t . aW.,-,..d.(lM-d .7.o?-'l NOTICE OF PUBLIC IEAIING NOTICE . HEIlEBY GIVEN ...... C", Canid"QWd8lll_..IloIlI. pulIIc'-iv1ll........,~21.1112.1I 7:lIO~......ClrCan:ll~2111 EWOb_8lIoI-,_""" -..-..... _1EX1'_" IIIIIIIlI: 11IoCIIJ"'__.w_on I _"_2I-lll15lBllo\ldlho CbIIrI tit. ON ~ AMI AMI!h c:t.Igng lit _...__byardl'" -.._.....,"""'II5"'..1ol _..3. 1110.....,._....., _.. .....-~_.... "'-c). rn b ........ 1110_._"_"'''. ... _ _ III" c., Caln:il 1I.....-...ZontChqtIl2-1. o.IIl" . 2I-lll15lBllo\l ,. ..... Clr"'8lIoI_ 14"_"'.""01_ _1IIIIJ--'''- ''''' -.,.. .....,._lIllllU1\ JDll 1IIIIJ-_...........,-- JllUar__...,....thlpuIlIc __ dIIrdIId mltill'llllial, &I' ...... _...........__....Clrd8111 -....pIor....pulIIc~ OAlEDTllSI311"lIrd~, ,. .-..lW.ClrClodl Clr"8lIoI_ _ .IJ ~1"'11l _...8lIoI_....... 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 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 2/24175. 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: ay.bJi- ~ all in the year 19J1.2..... I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Seal Beach, California, this -U-day Of~' . 19..i2... t~/li fk~->1~ vi Signature PUBLICATION PROCESSED BY: THE JOURNAL NEWSPAPERS 216 Main Street P.O. Box 755 Seal Beach, CA 90740 (213)430-7555 , . ~ Ordinance- Number /J$> . This space for for the County Clerk's Filing Stamp Proof of Publication of PUBLIC NOTICE/Summary Ordinance ............................ . . . . . N-MI':-Ju,:. . ! 3: $":.Q.. . . . SUMMARY IRIINCI_'. -.uIIII ..-wmlS'l'll&r!lf . ,___,_""CIy"8ooI'1 ---..--. -yonI_In... LJ_ --"1 __........"..Ial_...j _.._....-.aN_ 1151 .. _II'" "lluIIr Cdy __"....f1,lll11,...1iII ,~_........Ilr..-...-. AI'ElI _Dan.""'""'" -..~ - NCEB: - -- ---,...-- ~lIIlIbo_far""""lI ....... cay _ -" qat ,~'_eo.-il___'I5I' . .._In.._....c"CIoll<. . COr HII. 21..... _1lIII_," '-'11'0101-2527. 1IA1Bl1HlSlIlhdll"J1l1, 'lII2. - ..,..IlYoo.ClyClllll CIy "SooI_ ~~I!lIIG!.' . _m"SoII__. Ordinance Number /~5tJ 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 2124n5. 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: ~:r c/o all in the ye 19 92 . I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Seal Beach, California, thlsc:;;JO day of /J~:f' . 19B... ~mMu.' /L.J 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 ............................ . Akrrk?.1. 3~?f.:- .t'J4,pf'f/971 SUMMARY CRIll-a...,. ---... _'faIm1S'ftlAl'!lt -- _'351 II" COr II BooI --..--.. IR - il..linIIdCclnl-* 2aot ......._11..._..._ _1I_....~N_'3111 __-..end_..... .. oopIIIr COr CalncI_1IIl II AI9lIl 'lIIh, 1112, br"-.g_ AYES eo-. Doont.",-, ~L_ NOES, _ -- ~1I0n11111lC10_'351........ _"" - II" CIJ c:.t< CIr HIll 21'...SDoot. BooI-,__(310) 411'-2127, I DA1BllHlS"lI.. 1I.q,-. 1112 ......... _COrC.... CIrlllllol_ ~20.1192. _1I..llIoI_........ I