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Home My WebLink AboutCC Res 4518 1997-03-10 I I I Resolution Number~ RESOLUTION NUMBER ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DENYING A REQUEST TO AMEND SECTION 28-23I9(E)(3) OF THE MUNICIPAL CODE TO REDUCE THE REQUIRED SETBACK BETWEEN TWO-STORY CABANAS AT A TRAILER PARK (ZONING TEXT AMENDMENT 96-8) THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: WHEREAS, Section 28-2319 of the Code of the City of Seal Beach (hereinafter "Municipal Code") provides certain development standards for two-story cabanas within a mobile home park or trailer park; WHEREAS, Subsection (E)(3) of Section 28-2319 provides: "No two-story cabana shall be located closer than twenty-feet from another two-story cabana"; WHEREAS, said Section 28-2319(E)(3) was adopted in 1983 by Ordinance 1137; WHEREAS, on February 28, 1983, the Redevelopment Agency of the City of Seal Beach approved the "First Amendment to Amended Declaration of Establishment of Covenants," in which the twenty feet spacing was agreed to by the owner of the trailer park; WHEREAS, on January 8, 1997, the Planning Commission conducte,d a duly noticed public hearing on a request to amend Section 28-2319(E)(3) of the Municipal CQde to reduce the required setback between two-story cabanas in a trailer park from twenty feet to six feet. Evidence, both written and oral, was duly considered by the Commission. One person spoke in favor of the proposed text amendment and six people spoke in opposition; WHEREAS, in considering ZTA 96-8, the Commission considered three potential options in its recommendation to the Council. The Commission considered: I) requested six feet. Reducing the 20-foot sctback requirement for two-story structures to the 2) Reducing the setback for two-story structures somewhere between the current 20-foot requirement and the requested 6 feet. 3) Maintaining the 20-foot setback requirement; WHEREAS, after closing thc public hearing, the Planning Commission directed staff to return with a resolution setting forth its findings and denying the request to reduce the required setback; WHEREAS, on February 19, 1997, the Planning Commission adopted Planning Commission Resolution No. 97-3, denying the zone text amendment request; WHEREAS, Planning Commission Resolution No. 97.3 contains the following findings: (a) Proposed ZT A 96-8 does not serve to advance a public interest. Resolution Number ~~~ (b) Increased structure sizes in the park have a strong potential to increase the number of inhabitants of the park while providing no additional parking to the park's inventory The park provides 1.5 parking spaces per unit versus 2 spaces per unit for single family structures. Additionally, the park provides no on-street parking while the majority of residential uses in the City provide on-street public parking on both sides ofresidential streets. (c) The decreased separation between structures, particularly in the greenbelt area, may result in a hindrance to fire and other emergency responses. (d) Allowing two-story structures on every lot, once built, would reduce light and air availability within the park; WHEREAS, an appeal of the Commission's action was duly filed; I WHEREAS, on February 24, 1997, the City Council held a duly noticed public hearing to consider the appeal. Evidence, both written and oral, was duly considered by the Council. Numerous persons spoke in favor of and against the proposed text amendment, WHEREAS, after closing the public hearing and deliberations, the City Council directed staff to return with a resolution denying the request to reduce the required setback. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH HEREBY RESOLVES: I. The City Council hereby incorporates, inter alia: a) The findings of the Planning Commission set forth in Planning Commission Resolution No. 97-3; b) The findings made by the City Council in connection with the adoption of Ordinance 1137 in 1983; and c) The findings made by the Redevelopment Agency in connection with the I "First Amendment to Amended Dcclaration of Establishment of Covenants," on February 28, 1983. 2. In addition to those findings, the City Council hereby finds the reducing the required setback would not serve the public health, safety and general welfare. 3, Based upon the foregoing, and all of the evidence presented to and/or considered by the Council, as a matter of public policy, and pursuant to the Municipal Code and the Official Charter of the City of Seal Beach, the City Council hereby denies the appeal requesting Zoning Text Amendment 96-8 to reduce the setback required by Section 28-2319(E)(3) of the Code of the City of Seal Beach. PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at a meeting thereof held on the IOU. day of March, 1997, by the following vote: AYES: Councilmemb I NOES: ABSENT: Councilmembers -~~ MAYOR I I I .. .... . Resolution Number~~11 STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CiTY OF SEAL BEACH } I, J08lme M. Yeo, City Clerk of Seal Beach, C ifomia, do hereby certifY that the foregoing resolution is the original copy of Resolution Number on file in the office oflhe City Clerk, passed, approVed'$ ,opted by th~ Council f thc City of Seal Beach, at a regular meeting thereof held on the .... day of t1N~^ ,1997. . , PROOF OF PUBLICATION (2015.5 C,C,P.) This space for for the County Clerk's Filing Stamp STATE OF CALIFORNIA. County 01 Orange I am a citizen of the United States and a resident of the County alore- 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 olthe printer of the SEAL BEACH SUN, a newspaper of general circulation, printed and published week Iv in the City 01 Seal Beach, County 01 Orange and which newspaper has been adjudged a newspaper of general circulation by the Supenor Court 01 the County of Orange, State 01 California, under the date 01 2/24n5, 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: .~^~ , Proof of Publication of ............................ . ............................ . NOTICE OF' - PUBLIC HEARING.: NOTICE'19 HEREBY an;EN thet I the eu, Council 01 'he City o' ISul. S..ch will hOld. public 'h..rlng an Monday. February 24, .t 7:00 p.M. In thl Clly Counc( ~ ,Chlmber',21,. Elghth-Str.... S,a.' B"chl C. (feN''''.; ,ta consider the" lollowrngllem!,'j "~7i';'l'" .' . .. :" APPEAL OF PLANNING'" ' . COMMISSION DENI,", OF, : ZONING TEXT AII1ENDMENT 98.8 R'~IJ.at: 't.'.~rr.~. :'\~;:;lt. . , To consider 'en .srnendmenl to Ssctlon 2B~2319(e)\31 of (he Code ollhe City. Or' S.. Belich which reqUIres a minimum lelb,ck of 20 fee,1 belw.en',.cohd.,.storles of slrtn:turll'8 wUhJn lb. ~.;J B.ach Traller.PBl'k. SpectnC8IIy, Ihe Counall will cortllder whethllir lo,amend,> remove' or .1..'18 the .same .tlle.. setback requlrementl ,'l\~ f.-. . . Envlronmllnte'Rwl.wi {.,..,. ThIBll'oI"",'1a caI_ocaIIj_ from CEOA review..,. . ' -- I coif. l.cllDn.: 128.2319(E)(~)1 128-2600' '.,1~"( _.:.- _ , App.".nI: JDfiil R ~"'eKII" ',- .AI the aboV'a lime and -pIRCII 1111 . Interellled P.8rllonl, ~ be heard'" 10 deeMed If you ohllllenge the proposed lIellone In court. you mllY be Itm"ed to r.\slng only those' IAUSI you ~ot'.dmll"n' IIlie ralNd', al Ihll publiC:: h..rlng dllsGrlblld In I lhli nblle.,}' or . In 'wrlUen correl~ndenc8 dllfll.rwed 113 the CRy' 0' Se.1 Beach a..' Dr pflpr 10, Ihl publiC hearlnd, '., . . [ DATED T\'" lmh. ~ of F'b~ory., 1997. . .... ,'}.' ~ ',- " dOMn. M. Y.o~'Clty Clerk: '. ~. .CilY"oJ.;;e"'B..dtJ't'l',-~i';~ I ~;1 "Pub' S." B"jo~ft lfu"'~ourn.1 021'\3J97, -"'1}J i~,""~::'I ~.~., "'." . ~ .. I. t:.......-<I. .all in the yea~ 19 97 , I cerlify (or declare) under penalty of perjury that the foregoing is true and con ect. Daled al Seal Beach, California, day of ~~. ,1997. Signature PUBLICATION PROCESSED BY: THE SUN NEWSPAPERS 216 Main Street Seal Beach, CA 90740 (310)430-7555 (714\ 759-7726