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HomeMy WebLinkAboutPC Res 1612 - 1991-02-06 . . RESOLUTION NUMBER 1612 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH RECOMMENDING TO THE CITY COUNCIL APPROVAL OF 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 (RMD) AND (RHD) OF PLANNING DISTRICT I FROM THE EXISTING 5,000 SQUARE FEET TO 2,500 SQUARE FEET. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: WHEREAS, 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; and WHEREAS, the intent of the proposed ZTA is to bring the minimum lot size requirements into conformity with the City'S density requirements; and WHEREAS, 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; and WHEREAS, a duly noticed public hearing was held on January 16, 1991 and continued to February 6, 1991 to consider ZTA 1-91; and WHEREAS, the Planning Commission makes 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 RHO zones of Planning 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. 4. ZTA 1-91 will encourage the construction of single-family dwellings over the same number mUlti-family dwellings. 5. ZTA 1-91 will not alter the number of units which could ultimately be constructed in these zones. Since the density requirements will remain the same, the same number of units will ultimately be available. 6. ZTA 1-91 coupled with the proposed amendment to the city'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 which provide the City with no park C:\WPSO\ZTA\ZTA91--'.RES . . Planning Commission Res. No. 1612 Page 2 of 4 land fees. The City can utilize these park land fees to improve existing City park facilities, as well as to purchase new park land. 7. The majority of parcels affected by ZTA 1-91 are already subdivided lots and any future subdivisions would simply be re-subdivision of the land, very similar to an internal lot line adjustment. NOW, THEREFORE BE IT RESOLVED that the Planning Commission of the City of Seal Beach does hereby recommend approval of ZTA 1-91 to the City Council, subject to the following conditions: section 1. "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 removed in its entirety." Section 2. "Existing Paragraphs (b), (c) and (d) of Subsection (1) of section 28-701 of Chapter 28 of The Code of the citv of Seal Beach are hereby renumbered (a), (b) and (c), respectively." section 3. 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, interior lot - District I ............................... Districts II 25 ft. 50 ft. Width, corner lot - District I .............................. 27lz ft. Districts II ............................. 55 ft. Depth - Districts I, II......................... 100 ft. Area, ~nte~ior lot - Dl.strl.ct 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 4. "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." C:\WPSO\ZTA\ZTA91--1.RES . . . Planning Commission Res. No. 1612 Page 3 of 4 section 5. Article 8. Subsection (1) of section 28-801 of Chapter 28 of The Code of the City of Seal Beach is hereby amended to read: "(a) 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. 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.11 section 6. Article 23. Subsection (2) of section 28-2301 of Chapter 28 of The Code of the citv of Seal Beach is hereby amended to read: "(2) Exceptions: lots. Area, width and depth of nonconforming (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. C:\WPSO\ZTA\ZTA91--1.RES . . Planning Commission Res. No. 1612 Page 4 of 4 Schedule Of Leqal Lot Areas Prior To AdoDtion Of The Ordinance Codified Herein Minimum Leqal Area and Dimensions of Lots of Record Prior to 1/18/55 1/18/55 to 1/18/66 Per Ord. 406 Per Code 21-8 Area width Area width Zones Sq. Ft. Feet Sq. Ft. Feet R-1 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 Per Code 21-8 Per Ord. 948 Area width Area width Zones Sq. Ft. Feet Sq. Ft. Feet R-1(RLD) 7,000 70 5,000 50* RMD(RMD) 7,000 70 5,000 50* RHO (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. (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." PASSED, APPROVED AND ADOPTED by the Planning Commission of the city of Seal Beach at a meeting thereof held on the 6th day of February, 1991, by the following vote: AYES: Commissioners Fife. SharD. Dahlman. McCurdv. Orsini NOES: commissioners ABSENT: Commissioners B~e Wh1ttenoerg, Secretary;/ ~Planning commission ~ BCC:bc C:\WP50\ZTA\ZTA91--1.RES