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Home My WebLink AboutCC Ord 1598 2010-10-25ORDINANCE 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 governing 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 governmental 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 California 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. 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. b. C. d. e. f. 9. h. i. Corporate or jurisdictional limits of the City. Contracts to which the City is a party. City taxes. City franchises. Highways, roads, streets or other public right -of -way. Bonds or indebtedness of the City. A district, public corporation or other entity established by the City Specific public improvements or assessments. 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. Map). SECTION 8. The City Council hereby adopts Zone Change 10 -2 (Zoning 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. ATTEST: Cit Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } � I SEAS POggrFD C' Mayor o 2 G'�c`C FA 27 10'`� �ATI 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 11 th 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: �1 p� AYES: Council Members: 01 )1 t Aov"-q /YL NOES: Council Members: , V' 1 ►rr,,,,/�� ABSENT: Council Members: ' I r I `L�i / ABSTAIN: Council Members: UL&2 D L And do hereby further certify that Ordinance Number 1598 has been published pur uant to the eal Beach City Charter and Resolution Number 2836. itiV Clerk fl