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Home My WebLink AboutCC Ord 1367 1993-05-10 I I I ORDINANCE NUMBER ~ AN ORDINANCE OF THE CITY OF SEAL BEACH APPROVING ZONING TEXT AMENDMENT 93-1, DELETING SECTION 28- 2407. (A)(4)(c), RELATING TO THE ADDITION OF BEDROOMS TO NONCONFORMING RESIDENCES WITH TANDEM PARKING WITHIN THE CITY OF SEAL BEACH THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY FIND AS FOLLOWS: WHEREAS, on September 14, 1992, the City Council approved Zone Text Amendment 92-5, which substantially amended Section 28-2407 of the~, relating to standards for additions and remodeling of nonconfonning residential structures; and WHEREAS, during the Planning Commission and City Council hearings concerning ZTA 92-5, City staff understood that Section 28-2407.(A)(4)(c) was to be removed to permit the addition of new bedrooms in conjunction with a proposed major remodel approved pursuant to Section 28-2407 .(A)(4); and WHEREAS, Section 28-2407.(A)(4) permits major expansions and remodels to nonconforming residential structures which are nonconforming due to density and approved tandem parking. In such circumstances the subject property is considered to meet all off-street parking requirements and a prohibition on the addition of bedrooms seems unreasonable, since a conforming residence which meets all off-street parking requirements is not prohibited from adding bedrooms; and WHEREAS, City staff has reviewed the provisions of the Code, and feels this section was not intended by the Planning Commission or the City Council and is requesting the deletion of the subject section; and WHEREAS, a request was made by a project proponent for the Planning COll!mission to consider a development application in accordance with the above stated understanding of this particular section of the ~; and WHEREAS, The Planning Commission and City Council considered a staff report regarding this matter on March 3, 1993, and March 8, 11993, respectively, and concurred with the recommendation of staff in regards to the recommended deletion of this section; and WHEREAS, the subject zone text amendment would apply to all properties within the City which are currently nonconforming due to density and the provision of tandem parking; and . WHEREAS, the proposed Zone Text Amendment is Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301(a), (d) and (e), and Section 15305; and WHEREAS, a duly noticed public hearing was held by the Planning Commission on April 7, 1993 to consider Zone Text Amendment 93-1; and Ordinance Number /J61 . WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, the said Commission held said aforementioned Public Hearing and received the Staff Report; and at said public hearing there was no oral or written testimony or evidence received by the Planning Commission; and the Planning Commission made the following findings: I. The proposed Zone Text Amendment will apply to all properties within the City which are currently nonconforming due to density and the provision of tandem parking, allowing the addition of bedrooms. I 2. The proposed Zone Text Amendment will place nonconforming residences and conforming residences which provide all required off-street parking under the same criteria regarding the provision of additional bedrooms. 3. This proposal will not result in any significant adverse impacts. 4. This proposal 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 City Council on April 12, 1993 to consider Zone Text Amendment 93-1; and the City Council received into evidence the Report of the Planning Commission, including the Staff Report and Planning Commission Minuted of April 7, 1993, and Planning Commission Resolution No. 93- 22. In addition, the City Council considered all written and oral evidence presented at the time of the public hearing; and I at the conclusion of the public hearing, based upon the evidence presented, the City Council determined to approve Zone Text Amendment 93-1. NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Seal Beach does hereby approve Zone Text Amendment 93-1 and amend Chapter 28 of the Code of the City of Seal Beach as indicated in the following sections: Section 1. Delete Section 28-2407.(A)(4)(c). Section 2. Renumber Section 28-2407.(A)(4)(d) to Section 28-2407.(A)(4)(c). PASSED, APPROVED AND AD~bY the City C Beach at a meeting thereof held on the - day of . of the City of Seal 1993. I _~J~.A:J~' Mayor ~"""\\\\ ~ Of SEAL 8\\1\1 .=- .. ........,JO I, ;~......"r.O..OIt4.;......"" ll. i (; l ,<#i '0'" 1- ~ !!1rI~' ~...~. ~ : : ~ ~ 0 . . o(~ ~"':o a';~~ ~"'1....':.o ~'..""J! ~ll 0'..8"" \q'....'..O; I ~.. ". .. ,....- '1 C": ........ "."':- 111\,,?UNl'l' ,c.,;:::-4' "\\\'''~~ I I I Ordinance Number /.367 . STATE OF CAliFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Joanne M. Yea, City Clerk of the City of Seal Beach, Calif,i~} ~ hereby certify that the foregoing ordinance is an original copy of Ordinance Number '3", on ~ffice of the City Clerk, introduced at a meeting held on the ....1& ~ ' day of . , 1993, and passed, appro~~d adopted e City Council of the City of S Beach at a meeting held on the - day of , 1993 by the following vote: I AYES: Councilmem NOES: ABSENT: ABSTAIN: Councilmembers and do hereby further certify that Ordinance Number /~L '1 has been published pursuant to the Seal Beach City Charter and Resolution Number~ 7 Ordinance Number j.:3b 7 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 SUN. a newspaper of general circulation. printed and published weekly in the City of ~ Beach. County of Orange and which newspc\per has been adjudged a newspaper of general circulation by the Superior Court of the County of Orange. State of California. under the date of 2/24fi5. 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-wi!: ~rv:.t 1.0 all in the. year 19ft. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Seal Beach. California, this L5..:day Of~. 19...9.a... n~'-r!'L ~~~ Signature PUBLICATION PROCESSED BY: THE SUN NEWSPAPERS 216 Main Street P.O. Box 755 Seal Beach, CA 90740 (310)430-7555 This space for for the County Clerk's Filing Stamp I Proof of Publication of NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING Ncmc& BIEREBY GIVEN IIlIII ... City Council 01... City aI_ _w11 hold apullllc -0 on Monday, April 211. IIll13 al7:OO p.m. In ... Car Council QlambonI. 21' Elghl_.__. CIII_. II __"'1oI-.g 111m: lONE 1IXl' _NOMENI' NO.lS-l .IIIIIIlIIt A_llro__2B- 2407.lA)(4)(c) 01... Cod. of ... ChII nf SaIII R.I."" Thill MCIiDn ..- "'add11lan 01 bod_ lDa_nfarmi,. _ ~. which II 1KIr_.rw.ltllng cbt II donIlIy IIld pravlsionl 01 011 ""1_ parldng II\' UI8 01_ - I ~1"A.:'lMrnanIId RtnrMw" 1hIa prajoClll ClllgllllCllly ....pI InlmCEaA_. ,...-...~.. 2B-2407.\A)(4Xc). _. 2B- 21101 AIIiIIl;Im: Cllyol__ At the above time and place all ......lod _ """ be hoard g ID d..ired. If you challenge the ....paaotl actIana in caurt. Y'" may be limited to ra'slng only those ..... you DI" IDm8DnI .... r8IIed at .. pubic hearing delCf'lbed In this notlcl, or written correspondence delivered to Ihe City 01_ _a~ cwpllor.., ... public ,,-. DaIId 1hiI1Ilh day 01 April. 1093 JDMneYeo CIty Clem ApI '5. ,1lIlS PubliIhod in Iho S." Beach Sun 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 mailer. I am the principal clerk of the printer of the SEAL BEACH SUN, a newspaper of general circulation, printed and published weeklv in the City of s.e.il! 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 2/24fl5. 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: ~1cl.~ {." all in the yJat 19.1l... I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Seal Beach. California. thi.~ .i!.....- day of ~, 19.1l... (L f\ fY t\ I.D Y-J( L l. "'fR/J , Signature . PUBLICATION PROCESSED BY: THE SUN NEWSPAPERS 216 Main Street P.O. Box 755 Seal Beach, CA 90740 (310)430-7555 i I Ordinance Number ~~~;7 This space for for the County Clerk's Filing Stamp Proof of Publication of PUBLIC NOTICE/SUMMARY ORDINANCE ............................ . ............................ . SUMMARY __'117 .........---......._-_. -~----- -... N_l.7 01.... Cloy 01 .... -..- "'''''_01 .... 2W4l17 1AI (4) Ie) .1 .... ....... CollI _11Io. ._ .... ..... "_In",-", 1IIjor_",,-Io, ................uul... .....-.,....P_"_oIlht _d ""lIIiag,I_1ng IflPIIVId -JlIlIilI a..._I317__. 1M ....ClyCoonl -."" _ 111II._ ~ -......-d ..,..-..- A'IB: -.. Doont. F........ .....1.- NllES: _ .......- 001'..... Nu"" 1117 will _Ivo --"lI......._1ot odDlIII.. ""10 ...../or eM, Cowl' -... 01 110, 'OI~ ,.. Coploo " ~_13171/1_11 """"dIoClrClllll,CIrHll,21'. ...... SoI/8ooch: __1110} ..,-87. DAl8l TlflS271h.,. ~rl 'III. _II.Yoo,CIrClllk C1rOlSlll_ """,1. , AIIIIod.-.SIII__ Ordinance Number ~;f~J7 PROOF OF PUBLICATION (2015,5 C,C.P,) STATE OF CALIFORNIA, County of Orange This space for for the County Clerk's Filing Stamp I 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 SUN. a newspaper of general circulation. printed and published weeklv in the City of SllaI. 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: ~';W all in the year 19...9.a., Proof of Publication of PUBLIC NOTICE/SUMMARY ORDINANCE ........................................................ .. ........................................................ .. SUMMARY 011II___ ........M'!rI---......_III!::!I. ANIIft'Wm:"""" ~N.....orl317ofIhoCllral ....-.p_lorlhodo_aI ....ian 21.2007 IAllo' I" of tho _Ipol CacltI which thon _1110 _al_In~1IiIII ..r mDOdIII Df lIpallllOftl tor _IIIIlIII''''':Onlonnlng 0'" duo to donlilr IIId pro,id. III of Iho .....Im plrllloo, ,.."'d'OO OjIpro..d -PI*Ill Ordinance Nulllblr 1117 teCllnd I I -lNdnoand_adcIIIIdIl1llO 1IpIiIr-.. of Mar lll111, 11ll1lr1llO -.- - AYES ... Dooro, F..",., .... LuzIo NOES: _ -- Caplos of 0nI0..... Nu_ 1317 III __1IIO_al1IIOClyClolk,CIIy HIli, 211-11h S,...., So.1 ....h; ""/3101031-2527. DATED THIS lll11dorallla" lilt JoannoM Voo,ClyClolo ClyofSool_ Mar2O, 'III _lnfaSoaI__ I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Seal Beach. California, this ...,ggday of ~, 19J1a... {j "'Zf p"" ~1f ~'L - Signature' PUBLICATION PROCESSED BY: THE SUN NEWSPAPERS 216 Main Street P.O. Box 755 Seal Beach, CA 90740 (310)430.7555 I