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HomeMy WebLinkAboutCC AG PKT 2009-03-09 #EAGENDA STAFF REPORT DATE: March 9, 2009 TO: Honorable Mayor and City Council THRU: David Carmany, City Manager FROM: Lee Whittenberg, Director of Development Services Quinn Barrow, City Attorney SUBJECT: REVISIONS TO TITLE 10, SUBDIVISIONS - ORDINANCE NO. 1585 SUMMARY OF REQUEST: Waive reading and Introduce Ordinance Number 1585. BACKGROUND: On April 21, 2008, the City Council adopted Ordinance Number 1567, which added a new Title 10, Subdivisions, to the Seal Beach Municipal Code. The new Title 10 combined and replaced the Municipal Code provisions regarding mapped streets and subdivisions that were previously contained within Chapter 11.A, Mapped Streets, and Chapter 21, Subdivisions, respectively. The new Title 10 cross-references Title 11, Zoning, which was subsequently adopted by the City Council on August 11, 2008. On January 26, 2009 the City Council adopted Ordinance Number 1584, which repealed Title 11 and instructed the City Clerk to delete or revise as necessary all cross references to Title 11 in the Municipal Code or any ordinance. Several changes have been made to Title 10 pursuant to the City Council's directions. Staff has determined, however, that it is still necessary to add to Title 10 several definitions that originally appeared Title 11 and refer to subdivisions and lot types. Such an addition goes beyond the direction provided to the City Clerk by Ordinance Number 1584, and therefore requires another ordinance. All of the proposed amendments to Title 10 are consistent with the requirements of the Subdivision Map Act of the State of California, Government Code Section 66410, et. seq. Agenda Item E Revisions to Title 10, Subdivisions - City Council Staff Report March 9, 2009 FISCAL IMPACT: None. RECOMMENDATION: Waive reading and Introduce Ordinance Number 1585, An Ordinance of the City of Seal Beach Amending the Seal Beach Municipal Code by Amending Section 10.05.005, Definitions, of Title 10, Subdivisions. NOTED AND APPROVED: e Whittenberg Director of Devel pment Serv' s ~~~L ~~ Quinn Barrow City Attorney C9~ ~~--V David Carmany City Manager Attachment: A. Ordinance Number 1585, An Ordinance of the City of Seal Beach Amending the Seal Beach Municipal Code by Amending Section 10.05.005, Definitions, of Title 10, Subdivisions DS - 2009 Subdivision Code Revision -Staff Report 2 Revisions to Tifle 10, Subdivisions - City Council Staff Report March 9, 2009 ATTACHMENT 1 ORDINANCE NUMBER 1585 AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING THE SEAL BEACH MUNICIPAL CODE BY AMENDING SECTION 10.05.005, DEFINITIONS, OF TITLE 10, SUBDIVISIONS DS - 2009 Subdivision Code Revision -Staff Report 3 ORDINANCE NUMBER 'I 5SS AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING THE SEAL BEACH MUNICIPAL CODE BY AMENDING SECTION 10.05.005, DEFINITIONS, OF TITLE 10, SUBDIVISIONS THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council hereby amends Section 10.05.005, Definitions, of Title 10, Subdivisions, to read as follows: "§ 10.05.005 Definitions. A. Subdivision Map Act Definitions Incorporated by Reference. The definitions contained in Government Code §§ 66414-66424.1 and 66424.5 of the Subdivision Map Act ("Map Act') are hereby incorporated by this reference unless otherwise indicated herein. B. Parcel Map. Subdivision map required pursuant to Section 10.10.005.8: Parcel Map for subdivisions of 4 or fewer parcels. C. Final Map; Tract Map. Subdivision map required pursuant to Section 10.10.005.A: Tentative Tract Map and Final Map for subdivisions of 5 or more parcels. D. Lot Types: see Figure 10.05.010.D.1: Lot Types, for illustration. 1. "Corner LoP': a lot with 2 or more adjacent sides that face a street or public right-of-way. 2. "Cul-de-sac Lof': a lot located on the curving portion of a cul- de-sac street. 3. "Flag Lof': a lot that does not meet minimum lot width requirements, where access to the public roadway is limited to a narrow private right-of-way. 4. "Interior Lof': a lot with only 1 front lot line, not located on a street corner and lacking a side lot line adjacent to a street. 5. "Irregular LoP': a nonrectangular parcel or 1 with its lot width less than one-fourth its depth. 6. "Key Lof': the first lot to the rear of a reversed corner lot and not separated therefrom by an alley. 7. "Regular Lof': a rectangular or nearly rectangular shaped parcel with lot width not less than one-fourth its depth. 8. "Reversed Corner Lof': a corner lot, the rear of which abuts a key lot. 9. "Substandard Lof': a lot which does not meet the minimum requirements for lot size, lot width, and/or lot depth. 10. "Through Lof': a lot which has 2 or more lot frontages which do not intersect to form a corner lot. 11. "Zero Lof': a lot which has a building on a lot in a manner that one or more building edges rest directly on a lot line. Ordinance Number 1585 Figure 10.05.O10.D.1 Lot Types FIGURE 19.46-B: LOT TYPES Street v d Street E. "Subdivision Map Act' or "Map Acf': Division 2, Title 7 of the California Government Code, commencing with Section 66410 as presently constituted, and any amendments to those provisions." SECTION 2. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or any part thereof is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portions of this ordinance or any part hereof. The City Council of the City of Seal Beach hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared invalid. PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at a meeting thereof held on the day of , 2009. Mayor ATTEST: City Clerk Ordinance Number 1585 STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of the City of Seal Beach, California do hereby certify that the foregoing Ordinance was introduced for first reading at a meeting held on the 9th day of March , 2008 and was passed, approved and adopted by the City Council at a meeting held on the day of , 2009 by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: ABSTAIN: Councilmembers: And do hereby further certify that Ordinance Number 1585 has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. City Clerk