HomeMy WebLinkAboutCC AG PKT 2010-10-25 #K AGENDA STAFF REPORT
DATE: October 25, 2010
TO: Honorable Mayor and City Council
THRU: David Carmany, City Manager
FROM: Mark Persico, AICP, Director of Development Services
SUBJECT: ADOPTION OF MUNICIPAL CODE, TITLE 11: ZONING;
AND ADOPTION OF ZONE CHANGE 10 -2
SUMMARY OF REQUEST:
Waive further reading and adopt Ordinance No. 1598, amending the Seal Beach
Municipal Code by adopting Title 11 (Zoning), and adopting Zone Change 10 -2
(Zoning Map).
BACKGROUND:
The City Council considered this matter on October 11, 2010 and introduced the •
subject ordinance. It is now appropriate to adopt the subject ordinance. (Copies
of Title 11 to be adopted are available for review on the City's website and in the
libraries and the City Clerk's Office - October 11, 2010 (draft) version).
FISCAL IMPACT:
None
RECOMMENDATION:
Waive further reading and adopt Ordinance No. 1598, amending the Seal Beach
Municipal Code by adopting Title 11 (Zoning), and adopting Zone Change 10 -2
(Zoning Map).
SUBMITTED BY: NOTED AND APPROVED:
-4. � } '.tom- � • I
Mark Persico, AICP • I avid Carma "o City Manager
Director of Development Services
Attachment
A. Ordinance No. 1598
Agenda Item K
ORDINANCE NUMBER 1598
AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING
THE SEAL BEACH MUNICIPAL CODE BY ADOPTING TITLE 11
(ZONING) AND ADOPTING ZONE CHANGE 10 -2 (ZONING MAP)
THE SEAL BEACH CITY COUNCIL DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The City Council hereby adopts Title 11 (Zoning) to
read as set forth in that document titled "Draft Title 11: Zoning, October 11, 2010"
as amended in Section 3 of this ordinance. Such document, with the
amendments herein, is referred to as "Title 11." A copy of Title 11 is on file with
the City Clerk. Title 11 is hereby incorporated by reference and made a part
hereof.
SECTION 2. The provisions of Title 11, insofar as they are substantially
the same as ordinance provisions previously adopted by the City relating to the
same matter, shall be construed as restatements and continuations, and not as
new enactments.
SECTION 3. Title 11 does not change or amend the ordinances, rules and
regulations goveming specific plans in the City. For purposes of recodifying the
provisions of former Chapter 28 related to specific plans, Title 11 is hereby
amended as follows:
a. Section 11.3.25.010 is hereby added to Title 11 to read as follows:
"11.3.25.010 General Provisions.
A. Such Specific Plan shall be consistent with and implement
the General Plan. A Specific Plan shall provide for the type, location
and density of land uses, the development standards and
regulations, including but not limited to height, setback,
landscaping, and parking requirements, the purpose, type, location
and extent of public improvements and facilities, and any other
matters considered appropriate or necessary.
B. With respect to any property for which a Specific Plan has
been adopted, no tentative tract map or tentative parcel map may
be approved nor may any permit license or other entitlement for
use be granted or issued unless such map, permit, license or other
entitlement for use is consistent with such Specific Plan.
C. The City Council, after adopting a Specific Plan, may impose
a Specific Plan fee upon persons seeking govemmental approvals
which are required to be consistent with the Specific Plan. The fees
shall be established so that in the aggregate, such fees (as
estimated) defray, but do not exceed the cost of preparation,
adoption, and administration of the Specific Plan, including costs
incurred pursuant to Division 13 (commencing with Section 21000)
of the Public Resources Code. As nearly as can be estimated, the
fee charged shall be a prorated amount in accordance with the
applicant's relative benefit derived from the Specific Plan. In
addition, the Department of Development Services may require a
person who requests adoption or amendment of a Specific Plan to
deposit a sum of money in an amount equal to the estimated cost
of preparing the plan or amendment by the Department of
Development Services."
Ordinance Number 1598
b. Section 11.5.15.040C of Title 11 is amended to read as follows:
"11.5.15.040 C. Special Factors in Determining Specific Plan
Standards. Prior to approving a specific plan or an amendment to a
specific plan, particular care must be exercised in the establishment
of building height development standards for each Specific Plan
under the provisions of Section 11.3.25.010A. Factors to be
carefully weighed shall include, but not be limited to, the Planning
District in which the Specific Plan is to be located, the former
zoning of the Specific Plan site, height of existing buildings
immediately surrounding the Specific Plan site and the effect of the
building height on the areas surrounding the Specific Plan Site. No
building within the SPR Zone shall exceed a height of 39 feet,
except for nonhabitable architectural features of any proposed
buildings, in that portion of the City known as the Coastal Zone as
defined by the Califomia Coastal Act, or north of the San Diego
Freeway, except such portions thereof which are zoned LM, Light
Manufacturing, on October 14, 1985. The provisions of this section
shall not apply to any validly existing Specific Plan approved by the
City prior to October 14, 1985."
SECTION 4. The adoption of this Ordinance does not affect the following
matters:
a. Actions and proceedings that began before the effective date of this
Ordinance.
b. Prosecution for ordinance violations committed before the effective
date of this Ordinance.
c. Licenses and penalties due and unpaid at the effective date of this
Ordinance.
d. Collection of licenses and penalties due and unpaid at the effective
date of this Ordinance.
e. Bonds and cash deposits required to be posted, filed or deposited
pursuant to any ordinance, resolution or regulation.
f. Matters of record that refer to or are connected with an ordinance
whose substance is included in Chapter 28. Such references shall
be construed to apply to the corresponding provisions of Title 11.
SECTION 5. Any ordinance, including portions of the previously existing
Chapter 28 (Zoning) that has not been recodified in title 11 that is inconsistent
with Title 11 is hereby repealed.
SECTION 6. Nothing in this Ordinance shall in any manner modify or
otherwise affect the following subject matters:
a. Corporate or jurisdictional limits of the City.
b. Contracts to which the City is a party.
c. City taxes.
d. City franchises.
e. Highways, roads, streets or other public right -of -way.
f. Bonds or indebtedness of the City.
g. A district, public corporation or other entity established by the City.
h. Specific public improvements or assessments.
i. Appropriation or investment of City funds.
Ordinance Number 1598
SECTION 7. The Council hereby directs the City Clerk to replace Chapter
28 (Zoning) with Title 11 and to make all necessary, non - substantive conforming
revisions, including but not limited to clerical corrections to section numbers,
table and figure references and cross references. Further, the Council directs
the City Clerk to make any necessary clerical change to any adopted Specific
Plan to conform any reference to zoning designations in the Specific Plan to any
new Zoning designation as described in Title 11 and on the Zoning Map. Such
clerical changes will not confer additional rights or obligations on property
owners.
SECTION 8. The City Council hereby adopts Zone Change 10 -2 (Zoning
Map).
SECTION 9. 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.
SECTION 10. The City Clerk shall certify to the passage and adoption of
this Ordinance and shall cause the same or a summary thereof to be published
and posted in the manner required by law.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal
Beach at a regular meeting held on the 25th day of October , 2010.
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing Ordinance was introduced for first reading at a regular meeting held on
the 11th day of October , 2010 and was passed, approved and adopted by
the City Council at a regular meeting held on the 25th day of October ,2010
by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
And do hereby further certify that Ordinance Number 1598 has been published
pursuant to the Seal Beach City Charter and Resolution Number 2836.
City Clerk