The URL can be used to link to this page

Home My WebLink AboutCC AG PKT 2003-04-28 #H X0 AGENDA REPORT r DATE: April 28, 2003 ; 1'" o � TO: Honorable Mayor and City Council THRU: John B. Bahorski, City Manager FROM: Lee Whittenberg, Director of Development Services SUBJECT: ADOPTION OF ORDINANCE NO. 1499 and 1500 — ZONE CHANGE 03 -1 and ZONE TEXT AMENDMENT 03 -1 RE: LIMITIED COMMERCIAL /RESIDENTIAL MEDIUM DENSITY ZONE REVISIONS SUMMARY OF REQUEST: Waive further reading and Adopt Ordinance No. 1499, An Ordinance of the City of Seal Beach Adopting Zone Change 03 -1, Changing the Zoning Designation from General Commercial (C -2) and Limited Commercial (L -C) to Limited Commercial/Residential Medium Density (L- C/RMD) at 209 through 309 Seal Beach Boulevard. Waive further reading and Adopt Ordinance No. 1500, An Ordinance of the City of Seal Beach Changing the Designation of the Limited Commercial (L -C) Zone to the Limited Commercial/Residential Medium Density (L- C /RMD) Zone and Revising the Development Standards of the Limited Commercial/Residential Medium Density (L- C /RMD) Zone (Zone Text Amendment No. 03 -1). BACKGROUND: The City Council considered these matters on April 14, 2003 and introduced the subject ordinances. It is now appropriate to adopt the subject ordinances. FISCAL IMPACT: None. RECOMMENDATION: Waive further reading and Adopt Ordinance No. 1499, An Ordinance of the City of Seal Beach Adopting Zone Change 03 -1, Changing the Zoning Designation from General Agenda Item I� C:\Documents and Settings \LWhittenberg\My Documents \City Council \. -C ZC & ZTA Adoption.CC Staff Report.doc\LW\04 -15 -03 Adoption of Ordinance No. 1499 and 1500 — Limited Commercial /Residential Medium Density Zone Change and Zone Text Amendment City Council Staff Report April 28, 2003 Commercial (C -2) and Limited Commercial (L -C) to Limited Commercial/Residential Medium Density (L- C/RMD) at 209 through 309 Seal Beach Boulevard. Waive further reading and Adopt Ordinance No. 1500, An Ordinance of the City of Seal Beach Changing the Designation of the Limited Commercial (L -C) Zone to the Limited Commercial/Residential Medium Density (L- C /RMD) Zone and Revising the Development Standards of the Limited Commercial/Residential Medium Density (L- C /RMD) Zone (Zone Text Amendment No. 03 -1). NOT ,! A D "PROVED air 1 ee Whittenberg John B..• ahorski, City Manager Director of Development Services Attachments: (2) Attachment 1: Ordinance No. 1499, An Ordinance of the City of Seal Beach Adopting Zone Change 03 -1, Changing the Zoning Designation from General Commercial (C -2) and Limited Commercial (L -C) to . Limited Commercial/Residential Medium Density (L- C/RMD) at 209 through 309 Seal Beach Boulevard Attachment 2: Ordinance No. 1500, An Ordinance of the City of Seal Beach Changing the Designation of the Limited Commercial (L -C) Zone to the Limited Commercial /Residential Medium Density (L- C/RMD) Zone and Revising the Development Standards of the Limited Commercial/Residential Medium Density (L- C/RMD) Zone (Zone Text Amendment No. 03 -1) L-C ZC & ZTA Adoption.CC Staff Report 2 Adoption of Ordinance No. 1499 and 1500 — Limited Commercial /Residential Medium Density Zone Change and Zone Text Amendment City Council Staff Report Apri128, 2003 ATTACHMENT 1 ORDINANCE NO. 1499, AN ORDINANCE OF THE CITY OF SEAL BEACH ADOPTING ZONE CHANGE 03 -1, CHANGING THE ZONING DESIGNATION FROM GENERAL COMMERCIAL (C -2) AND LIMITED COMMERCIAL (L -C) TO LIMITED ' COMMERCIAL/RESIDENTIAL MEDIUM DENSITY (L- C/RMD) AT 209 THROUGH 309 SEAL BEACH BOULEVARD • L-C ZC & ZTA Adoption.CC Staff Report 3 ORDINANCE NUMBER AN ORDINANCE OF THE CITY OF SEAL BEACH ADOPTING ZONE CHANGE 03 -1, CHANGING THE ZONING DESIGNATION FROM GENERAL COMMERCIAL (C -2) AND LIMITED COMMERCIAL (L -C) TO LIMITED COMMERCIAL/RESIDENTIAL MEDIUM DENSITY (L- C/RMD) AT 209 THROUGH 309 SEAL BEACH BOULEVARD THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: Section 1. On July 8, 2002 the City Council authorized initiation of General Plan and Zone Change studies to consider alternative land uses for the existing L -C zoned areas on Seal Beach Boulevard. The Planning Department held "Public Information Meetings" to discuss the direction of the City Council, the history of zoning of the area, and issues for discussion on July 31 and November 20, 2002. Based on the discussions at those information meetings staff has proceeded with the request as presented. Section 2. Pursuant to 14 Calif. Code of Regs. § 15025(a) and §§ II.0 and III of the City's Local CEQA Guidelines, staff prepared an Initial Study and a Negative Declaration, which was circulated for public review and comment from August February 14, 2003 to March 17, 2003, in compliance with the provisions of the California Environmental Quality Act and the City's Local CEQA Guidelines. The Negative Declaration was reviewed by the Planning Commission at a public hearing held on March 5, 2003 in relation to the subject land use proposals. The Negative Declaration was reviewed and adopted by the City Council at a public hearing held on April 14, 2003 in relation to the subject land use proposals. Section 3. A duly noticed public hearing was held before the Planning Commission on March 5, 2003 to consider the subject applications. At the public hearing, the Planning Commission invited and considered any and all testimony offered in favor or opposition to said applications. Section 4. A duly noticed public hearing was held before the City Council on April 14, 2003 to consider the subject applications. At the public hearing, the City Council invited and considered any and all testimony offered in favor or opposition to said applications. C: \Documents and Settings\LWhittenberg\My Documents \ORD\Zone Change 03 -1, LC Zone.Seal Beach Blvd..doc \LW\04 -15-03 Ordinance No. Zone Change 03 -1- Limited Commercial /Residential medium Density Seal Beach Boulevard Between Electric Avenue and Pacific Coast Highway ' April 28, 2003 Section 5. Based on the foregoing Sections 1 through 4, the City Council hereby approves Zone Change 03 -1, to change the zoning designation of the subject properties as indicated below: (a) Those properties located at 303, 307, and 309 Seal Beach Boulevard, located north of Landing Avenue and extending 125 northerly of Landing Avenue shall be changed from C -2, Commercial General to L- C/MDR, Limited Commercial/Medium Density Residential on the Zoning Map of the City of Seal Beach, as indicated below (said properties are legally described as Lots 1, 3, 5, 7, and 9, Block 217, Tract No. 10). (b) Those properties located at 209 through 257 Seal Beach Boulevard, located north of the Electric Avenue Alley and Landing Avenue shall be changed from L -C, Limited Commercial to L -C /RMD, Limited Commercial/Residential Medium Density on the Zoning Map of the City of Seal Beach, as indicated below (said properties are legally described as Lots 9, 11, 13, 15, 17, 19, 21, 23, 25, 27, 29, 31, 33, 35, 37, 39, 41, 43, 45, 47, 49, 51, 53, 55, 57, 59, and 61 Block 218, Tract No. 10). :' ''ss , f - ''''N, -„:40 C2 1.-,,p,.., <O e4� . ......., , . --/, *,, 1 *&4 I , /, PLU -R ,..4$*/, A . ' / /4 k'' 7 2 1 ,,,, ? s,,,,, / 4? " * 41444 C2 / ,,, 4---- --..`-.„-..... . � � < RMD (ZC 98-2) , A* A F� v Subject Properties / 1 \' N / e°r / Proposed Zoning Designations \ P \- F • - / • :'� . I ! ` "; RLD Residential Low Density " \ �`\ \ �� .,. . i j RMD Residential Medium Density \ �� \\ \ • • RMD Residential Medium Density �,�� ) _ \y A '� PLU -R [77,1 Residential High Density L C2 General Commercial k �� - C2 ' LC /MDR Limited Commercial/Medium /' a F \ "°"` Density Residential Q ° ' / / / ^ „ PLU -R Publi Land Use - Recreational ' \ `•,• `- - - - • 0 250 500 Feet Zone Change 03 -1, LC Zone.Seal Beach Blvd. 2 Ordinance No. Zone Change 03 -1— Limited Commercial/Residential medium Density Seal Beach Boulevard Between Electric Avenue and Pacific Coast Highway April 28, 2003 Section 6. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance or any part thereof. 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 thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional. PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at a meeting thereof held on the day of , 2003. Mayor Attest: City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Joanne M. Yeo, City Clerk of the City of Seal Beach, California, do hereby certify that the foregoing ordinance is an original copy of Ordinance Number on file in the office of the City Clerk, introduced at a meeting held on the day of , 2003, and passed, approved and adopted by the City Council of the City of Seal Beach at a meeting held on the day of , 2003 by the following vote: AYES: Councilmembers NOES: Councilmembers Zone Change 03 -1, LC Zone.Seal Beach Blvd. 3 Ordinance No. Zone Change 03 -1— Limited Commercial /Residential medium Density Seal Beach Boulevard Between Electric Avenue and Pacific Coast Highway April 28, 2003 ABSENT: Councilmembers ABSTAIN: Councilmembers and do hereby further certify that Ordinance Number has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. City Clerk Zone Change 03 -1, LC Zone.Seal Beach Blvd. 4 • Adoption of Ordinance No. 1499 and 1500 — Limited Commercial/Residential Medium Density Zone Change and Zone Text Amendment City Council Staff Report April 28, 2003 ATTACHMENT 2 ORDINANCE NO. 1500, AN ORDINANCE THE CITY OF SEAL BEACH CHANGING THE DESIGNATION OF THE LIMITED COMMERCIAL (L -C) ZONE TO THE LIMITED COMMERCIAL/RESIDENTIAL • MEDIUM DENSITY (L- C/RMD) ZONE AND REVISING THE DEVELOPMENT STANDARDS OF THE LIMITED COMMERCIAL/RESIDENTIAL MEDIUM DENSITY (L- C /RMD) ZONE (ZONE TEXT AMENDMENT NO. 03-1) . L-C ZC & ZTA Adoption.CC Staff Report 4 ORDINANCE NUMBER AN ORDINANCE OF THE CITY OF SEAL BEACH CHANGING THE DESIGNATION OF THE LIMITED COMMERCIAL (L -C) ZONE TO THE LIMITED COMMERCIAL/RESIDENTIAL MEDIUM DENSTITY (L- C/RMD) ZONE AND REVISING THE DEVELOPMENT STANDARDS OF THE LIMITED COMMERCIAL/RESIDENTIAL MEDIUM DENSITY (L- C/RMD) ZONE (ZONE TEXT - AMENDMENT NO. 03 -1) THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: • Section 1. On July 8, 2002 the City Council authorized initiation of General Plan and Zone Change studies to consider alternative land uses for the existing L -C zoned areas on Seal Beach Boulevard. The Planning Department held "Public Information Meetings" to discuss the direction of the City Council, the history of zoning of the area, and issues for discussion on July 31 and November 20, 2002. Based on the discussions at those information meetings staff has proceeded with the request as presented. Section 2. Pursuant to 14 Calif. Code of Regs. § 15025(a) and §§ II.0 and III of the City's Local CEQA Guidelines, staff prepared an Initial Study and a Negative Declaration, which was circulated for public review and comment from August February 14, 2003 to March 17, 2003, in compliance with the provisions of the California Environmental Quality Act and the City's Local CEQA Guidelines. The Negative Declaration was reviewed by the Planning Commission at a public hearing held on March 5, 2003 in relation to the subject land use proposals. The Negative Declaration was reviewed and adopted by the City Council at a public hearing held on April 14, 2003 in relation to the subject land use proposals. Section 3. A duly noticed public hearing was held before the Planning Commission on March 5, 2003 to consider the subject applications. At the public hearing, the Planning Commission invited and considered any and all testimony offered in favor or opposition to said applications. Section 4. A duly noticed public hearing was held before the City Council on April 14, 2003 to consider the subject applications. At the public hearing, the C: \Documents and Settings\LWhittenberg\My Documents \ORD\ZTA 03- I.LC -RMD Zone.Seal Beach Boulcvard.doc \LW\04 -15 -03 Ordinance No. Zone Text Amendment 03 -1 Limited Commercial / /Residential Medium Density Zone April 28, 2003 City Council invited and considered any and all testimony offered in favor or opposition to said applications. Section 5. Based on the foregoing Sections 1 through 4, the City Council hereby approves Zone Text Amendment 03 -1. Only Sections 28 -300, 28- 1150 and 28 -1151 require amendments and Section 28- 1155.F.4 is to be deleted; all other provisions of Article 11.5 remain unchanged. The City Council hereby amends Section 28 -300 to revise the designation of this zoning district and to revise the development provisions of the Limited Commercial /Residential Medium Density (L- C/RMD) Zone as indicated below: 1. Revise Section 28- 300(2)(e) to read as follows: "(e) L -C/RMD Limited commercial/Residential medium density zone," 2. Revise Section 28 -1150 and 28 -1151 to read as follows: "Article 11.5. Limited Commercial/Residential Medium Density Zone Section 28 -1150. Declaration of Legislative Intent. It is hereby declared to be the intent of the LC/RMD - Limited Commercial/Residential Medium Density Zone - to establish reasonable standards that permit and control limited commercial and office uses in conjunction with residential uses. Furthermore, it is the intent of this part to: A. Encourage commercial, service, institutional and office uses that do not attract large volumes of traffic and continuous customer turnover. B: Limit and discourage development of strip -type, highway- oriented commercial uses that create traffic hazards and congestion because . they require numerous individual curb cuts and generate higher traffic volumes. C. Minimize visual and functional conflicts between residential and nonresidential uses within and abutting the zone. D. Encourage elimination of curb cuts for vehicular access and promote more efficient and economical parking facilities, utilizing both on- street parking, off - street parking and off -site parking facilities. E. Encourage uses that minimize noise and congestion. ZTA 03- 1.LC -RMD Zone.Seal Beach Boulevard 2 Ordinance No. Zone Text Amendment 03 -1 Limited CommercialllResidential Medium Density Zone April 28, 2003 F. Recognize that mixed -use developments may not be the only acceptable land use by also allowing residential development to occur as a stand -alone use within the Limited Commercial/Residential Medium Density Zone. Section 28 -1151. Permitted Uses. In the L -C /RMD zone, the following uses only are permitted and as hereinafter specifically provided and allowed by this article: A. Retail specialty shops including, but not limited to, the sale of gifts, antiques, flowers, books, jewelry, apparel, tobacco and related supplies, or craft shops, making articles exclusively for retail sale on the premises. B. Personal service shops including, but not limited to, tailor, barber, beauty salon, shoe repair, dressmaking, or similar service uses. C. Business offices including, but not limited to, security and commodity brokerage, real estate sales, travel agency, employment counseling, insurance sales, advertising, mailing, and stenographic services, and other services of a similar nature. D. Studios for dance, art, music, photography, radio, or television. E. Professional offices for lawyers, engineers, architects, landscape architects, urban planners, accountants, economic consultants, doctors, dentists, chiropractors, or other practitioners of the healing arts for humans, or other professionals of a similar nature. F. Residential uses located only on the second floor and above, when the floors below the second floor do not contain residential uses. All such residential uses shall comply with all provisions of this Article pertaining to residential development. G. Nursery schools, day care centers, private or trade schools, outdoor play hours shall be limited to between 9:00 a.m. and 5:00 p.m. H. Residential use located as a stand -alone use; not in conjunction with a permitted or conditionally permitted non - residential use. Said uses shall comply with all of the development standards for the Residential Medium Density Zone (RMD Zone), except for the Front Yard Setback requirements, which shall be in conformance with the development standards of the Residential High Density Zone (RHD Zone), District I standard. ZTA 03- 1.LC -RMD Zone.Seal Beach Boulevard 3 Ordinance No. Zone Text Amendment 03 -1 Limited Commercial/ /Residential Medium Density Zone April 28, 2003 I. Any use determined by the Planning Commission to be of a nature similar to the uses listed above." 3. Delete, Section 28- 1155.F.4 it its entirety. Section 6. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance or any part thereof. 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 thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases .be declared unconstitutional. PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at a meeting thereof held on the day of , 2003. • Mayor Attest: City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Joanne M. Yeo, City Clerk of the City of Seal Beach, California, do hereby certify that the foregoing ordinance is an original copy of Ordinance Number on file in the office of the City Clerk, introduced at a meeting held on the day of , 2003, and passed, approved and adopted by the City Council of the City of Seal Beach at a meeting held on the day of , 2003 by the following vote: ZTA 03- 1.LC -RMD Zone.Seal Beach Boulevard 4 Ordinance No. Zone Text Amendment 03 -1 Limited Commercial / /Residential Medium Density Zone April 28, 2003 AYES: Councilmembers NOES: Councilmembers ABSENT: Councilmembers ABSTAIN: Councilmembers and do hereby further certify that Ordinance Number has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. City Clerk ZTA 03- 1.LC -RMD Zone.Seal Beach Boulevard 5 ORDINANCE NUMBER L� • AN ORDINANCE OF THE CITY OF SEAL BEACH CHANGING THE DESIGNATION OF THE LIMITED COMMERCIAL (L -C) ZONE TO THE LIMITED COMMERCIAL/RESIDENTIAL MEDIUM DENSITY (L- C/RMD) ZONE AND REVISING THE DEVELOPMENT STANDARDS OF THE LIMITED COMMERCIAL/RESIDENTIAL MEDIUM DENSITY (L-C/RMD) ZONE (ZONE TEXT AMENDMENT NO. 03-1) THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: Section 1. On July 8, 2002 the City Council authorized initiation of General Plan and Zone Change studies to consider alternative land uses for the existing L -C zoned areas on Seal Beach Boulevard. The Planning Department held "Public Information Meetings" to discuss the direction of the City Council, the history of zoning of the area, and issues for discussion on July 31 and November 20, 2002. Based on the discussions at those information meetings staff has proceeded with the request as presented. Section 2. Pursuant to 14 Calif. Code of Regs. § 15025(a) and §§ II.0 and III of the City's Local CEQA Guidelines, staff prepared an Initial Study and a Negative Declaration, which was circulated for public review and comment from August February 14, 2003 to March 17, 2003, in compliance with the provisions of the California Environmental Quality Act and the City's Local CEQA Guidelines. The Negative Declaration was reviewed by the Planning Commission at a public hearing held on March 5, 2003 in relation to the subject land use proposals. The Negative Declaration was reviewed and adopted by the City Council at a public hearing held on April 14, 2003 in relation to the subject land use proposals. Section 3. A duly noticed public hearing was held before the Planning Commission on March 5, 2003 to consider the subject applications. At the public hearing, the Planning Commission invited and considered any and all testimony offered in favor or opposition to said applications. Section 4. - A duly noticed public hearing was held before the City Council on April 14, 2003 to consider the subject applications. At the public hearing, the C: \Documents and Settings\LWhittenberg\My Documents \ORD\ZTA 03- 1.LC -RMD Zone.Seal Beach Boulevard.doc \LW\04 -15 -03 Ordinance No. Zone Text Amendment 03 -1 Limited Commercial / /Residential Medium Density Zone .4pri128, 2003 City Council invited and considered any and all testimony offered in favor or opposition to said applications. Section 5. Based on the foregoing Sections 1 through 4, the City Council hereby approves Zone Text Amendment 03 -1. Only Sections 28 -300, 28- 1150 and 28 -1151 require amendments and Section 28- 1155.F.4 is to be deleted; all other provisions of Article 11.5 remain unchanged. The City Council hereby amends Section 28 -300 to revise the designation of this zoning district and to revise the development provisions of the Limited Commercial/Residential Medium Density (L- C/RMD) Zone as indicated below: 1. Revise Section 28- 300(2)(e) to read as follows: "(e) L -C/RMD Limited commercial/Residential medium density zone," 2. Revise Section 28 -1150 and 28 -1151 to read as follows: "Article 11.5. Limited Commercial/Residential Medium Density Zone Section 28 -1150. Declaration of Legislative Intent. It is hereby declared to be the intent of the LC/RMD - Limited Commercial/Residential Medium Density Zone - to establish reasonable standards that permit and control limited commercial and office uses in conjunction with residential uses. Furthermore, it is the intent of this part to: A. Encourage commercial, service, institutional and office uses that do not attract large volumes of traffic and continuous customer tumover. B. Limit and discourage development of strip -type, highway- oriented commercial uses that create traffic hazards and congestion because they require numerous individual curb cuts and generate higher traffic volumes. C. Minimize visual and functional conflicts between residential and nonresidential uses within and abutting the zone. D. Encourage elimination of curb cuts for vehicular access and promote more efficient and economical parking facilities, utilizing both on- street parking, off -street parking and off -site parking facilities. E. Encourage uses that minimize noise and congestion. ZTA 03- 1.LC -RMD Zone.Seal Beach Boulevard 2 Ordinance No. Zone Text Amendment 03 -1 Limited Commerciall/Residential Medium Density Zone April28, 2003 F. Recognize that mixed -use developments may not be the only acceptable land use by also allowing residential development to occur as a stand -alone use within the Limited Commercial/Residential Medium Density Zone. Section 28 -1151. Permitted Uses. In the L -C /RMD zone, the following uses only are permitted and as hereinafter specifically provided and allowed by this article: A. Retail specialty shops including, but not limited to, the sale of gifts, antiques, flowers, books, jewelry, apparel, tobacco and related supplies, or craft shops, making articles exclusively for retail sale on the premises. B. Personal service shops including, but not limited to, tailor, barber, beauty salon, shoe repair, dressmaking, or similar service uses. C. Business offices including, but not limited to, security and commodity brokerage, real estate sales, travel agency, employment counseling, insurance sales, advertising, mailing, and stenographic services, and other services of a similar nature. D. Studios for dance, art, music, photography, radio, or television. E. Professional offices for lawyers, engineers, architects, landscape architects, urban planners, accountants, economic consultants, doctors, dentists, chiropractors, or other practitioners of the healing • arts for humans, or other professionals of a similar nature. F. Residential uses located only on the second floor and above, when the floors below the second floor do not contain residential uses. All such residential uses shall comply with all provisions of this Article pertaining to residential development. G. Nursery schools, day care centers, private or trade schools, outdoor play hours shall be limited to between 9:00 a.m. and 5:00 p.m. H. Residential use located as a stand -alone use; not in conjunction with a permitted or conditionally permitted non - residential use. Said uses shall comply with all of the development standards for the Residential Medium Density Zone (RMD Zone), except for the Front Yard Setback requirements, which shall be in conformance with the development standards of the Residential High Density Zone (RHD Zone), District I standard. ZTA 03- 1.LC -RMD Zone.Seal Beach Boulevard 3 Ordinance No. Zone Text Amendment 03 -1 Limited Commercial/ /Residential Medium Density Zone . April 28, 2003 I. Any use determined by the Planning Commission to be of a nature similar to the uses listed above." 3. Delete Section 28- 1155.F.4 it its entirety. Section 6. Severabilitv. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance or any part thereof. 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 thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional. PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at a meeting thereof held on the day of , 2003. Mayor - Attest: City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Joanne M. Yeo, City Clerk of the City of Seal Beach, California, do hereby certify that the foregoing ordinance is an original copy of Ordinance Number on file in the office of the City Clerk, introduced at a meeting held on the day of , 2003, and passed, approved and adopted by the City Council of the City of Seal Beach at a meeting held on the day of , 2003 by the following vote: ZTA 03- 1.LC -RMD Zone.Seal Beach Boulevard 4 Ordinance No. Zone Text Amendment 03 -1 Limited Commercial / /Residential Medium Density Zone April 28, 2003 AYES: Councilmembers NOES: Councilmembers ABSENT: Councilmembers ABSTAIN: Councilmembers and do hereby further certify that Ordinance Number has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. City Clerk ZTA 03- LLC -RMD Zone.Seal Beach Boulevard 5