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Home My WebLink AboutCC Ord 1493 2003-01-27 I I I ORDINANCE NO. /4f.9 AN ORDINANCE OF THE, CITY OF SEAL BEACH REGARDING RETAINING WALLS AND AMENDING CHAPTER 28 OF THE CODE OF THE CITY OF SEAL BEACH THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: Section 1. Chapter 28 of the Code of the City of Seal Beach is hereby amended by adding a new Section 28-270.01 to read as follows: "Section 28-270.01. Retainina Wall. "Retaining wall" means a wall designed to resist the lateral displacement of soil or other materials." Section 2. Sub-paragraph (D) of Paragraph (2) of Section 28-2316 of Article 23 of Chapter 28 of the Code of the City of Seal Beach is hereby deleted. Section 3. Section 28-2316 of Article 23 of Chapter 28 of the Code of the City of Seal Beach is hereby amended by adding a new Paragraph (3) to read as follows: "3. Retaining Walls: (A) City-Wide Standards (1) A retaining wall less than or equal to thirty (30) inches in height is automatically permitted. (2) A retaining wall greater than thirty (30) inches in height is permitted subject to minor plan review approval. If such a wall faces a public street or place, said wall shall be screened by a landscape buffer at least eighteen (18) inches wide. (3) A retaining wall shall not exceed a height of four (4) feet. (4) A guard rail shall be placed, when necessary, on a retaining wall in accordance with building code requirements. (5) A fence, wall, hedge or screen planting may be placed on a retaining wall provided the combined height of the retaining wall and fence, wall, hedge or screen planting does not exceed ten (10) feet. (6) If the combined height of a retaining wall and fence exceeds six (6) feet, then the fence shall be separated from the retaining wall by a landscape terrace at least two (2) feet wide. (7) If a set back area contains multiple retaining walls, such walls shall be separated by a landscape terrace at least two (2) feet wide. (B) RLD Zone, District I Standards (1) Scope: The standards of this sub-paragraph (B) apply to side yard retaining walls abutting a public street within the Residential Low Density (RLD) Zone in District I. To the extent not in conflict with these standards, the City-wide standards of sub-paragraph (A) apply to such retaining walls as well. (2) A retaining wall greater than thirty (30) inches in height is permitted subject,to minor plan review approval. There is no maximum height for ;.~fPtairii'ng~~.lIs in this area. ,~~ ' ,'~"?\ .... . ~ ~ ~, ,..... .. ~ .v-:~. t"<' i," ~ I r .... " " ..... \ ... ~ '... ~\) I' "'~:~ . " Ordinance Number ,141~.1 (3) The base of the public side of a retaining wall greater than thirty (30) inches in height shall be screened by a landscape buffer at least two (2) feet wide if required in connection with the minor plan review approval. (4) A retaining wall shall not be erected along the rear ninety-six (96) feet of a lot. (5) A retaining wall shall not be erected on public property unless an I encroachment permit has been obtained. (C) RLD Zone, District V Standards (1) Scope: The standards of this sub-paragraph (C) apply t<;l rear yard retaining walls abutting Gum Grove Park or the wetlands area within the Residential Low Density (RLD) Zone in District V along the following streets: Avalon, Catalina, Crestview and Surf Place. To the extent not in conflict with these standards, the City-wide standards of sub-paragraph (A) apply to such retaining walls as well. (2) A retaining wall may not exceed a height of six (6) feet. (3) If a set back area contains multiple retaining walls, such walls shall be separated by a landscape terrace at least three (3) feet wide. (D) Nonconforming Retaining Walls. Lawfully erected retaining walls existing on the effective date of this paragraph shall be deemed nonconforming and may remain as is indefinitely unless damaged to the extent of more than fifty percent of the replacement cost. In the event of such damage, the wall shall be restored in conformance with this section. If a nonconforming wall is removed from a lot, each future retaining wall on the lot shall be in conformance with this section. I (E) Miscellaneous. All iandscape buffers and landscape terraces shall be equipped with automatic sprinklers. Height limits shall be based on measurements made on both sides of the retaining wall." Section 4. In no case shall any provision of this ordinance supercede, limit, restrict, or affect the requirements required by the uniform building code. Section 5. 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 anyone or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional. , APPROVED AND ADOPTED by the City co~ of the City of Seal a meetin thereof held on the e:? day of ,2003. I J,K\i> (..\. LAa~ Mayor City of Seal Beach I Ordinance Number I'~~i? STATE OF CALIFORNIA) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) I ABSENT: NOES: and do hereby certity that Ordinance Number It/'l' has been published pursuant to th eal each City Charter and Resolution Number 2836. I I ...... . < Ordinance Number I~?..!J PROOF OF PUBLICATION (2015.5 C.C.P.) This space is for the County Clerk's Filing Stamp STATE OF CALIFORNIA, County of Orange . I am a citizen of the United States and a resident of the county afore- said; I am over the age of eighteen years, and not a party to or inter- ested in the above-entitled matter. I am the principal clerk of the printer of the SEAL BEACH SUN, a newspaper of general circulation, printed and published weekly in the City of Seal Beach, County of Orange and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Orange, State of California, under the date of 2/24/75, Case Number A82583; that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: Proof of Publication of I ............................................... ue PUBLICATION P OCESSED BY: THE SEAL BEACH SUN 216 Main Street Seal Beach, CA 90740 (562) 430-7555 ~002. ............................................... . NOnCE OF'" . PUBLIC HEARING I'" /..." ... NonCE IS HEREBY GIVEN ihol , lhe City Council ofilia City of Saa' . Beach will hald a ""bile haaring on , MoOOay, Dac:ambior 9, 2002 017'00 .' p.m. In Iha City Council CIIambtU. 211 EIghth SIrilet, Saal Baaell eo..: .lIornI8. 10 conllder the following Item: . . :"ZONING TEXT AMENDMENTQ2.1 " Request: To' ~nSider an amend- ~ man! 10 SpacIIy Iha heIohl 01 aiIowabJo i retaining waIlS WIthin ihe city of SeaJ . Beach. The CUlTent COde BIIoWs rataJn- Ing walls to be any height, so long as , they are retaining natural earth. Fur- the" the fence COde currentfy allows fences to be and overall heIght of 6 feet In most areas (10 feet abultlng major roadways), The ProvISIons pro- VIded for In thIS zone text amendment will Incorporate the changes recom- mended by the Planning Comnusslon dudno a study ....Ion, and durlnO tho publIC heanng Environmental Review: This pro- Jectls categorically exempt from CECA review . " "- Coda SocIIOIUI' 28-2318 Applicant: City 01 Soa' Bosch " ; At tho above Umo.ind placa all Inter- esled persona may be heard" 80 dos/red W you challongo tho plopOOBd acIIons In court. you may be Rmlted to IBislno onIy~ laauoo you"'........ ,oni else ~ed at the pubj~ h88rlng ,described In thIS no~C8. or In wrfllen Tr.ndanca dollY8red 10 tho CIly ~ h::"~ at, or poor 10, the'pub- I . . , .' I DATED,TflilI",181ii iJay'ol NOve...... 120C?2 . ~ :,i. ;.., ::'.~ ' "',. ; ,'." 1:,: Mac.CunUn~s".)..,;;.~ ,,' ,', ~... PlanhorlSpocial Pro~ . 'l,~li .,' . ,'" Pub. Seal Beach Sun Journal' 11121~002'_1> _, .1,1'_ ' I I lJ-dJ all in the year 2002. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Sea Beac CA, thjs~day of I Ordinance Number I'~?~ PROOF OF PUBLICATION (2015.5 C.C.P.) This space is for the County Clerk's Filing Stamp STATE OF CALIFORNIA, County of Orange I I am a citizen of the United States and a resident of the county afore- said; I am over the age of eighteen years, and ,not a party to or inter- ested in the above-entitled matter. I am the principal clerk of the printer of the SEAL BEACH SUN, a newspaper of general circulation, printed and published weekly in the Ci~ofSeaIBeach,Coun~of Orange and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Orange. State of California, under the date of 2/24/75. Case Number A82583; that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: If?n all in the year 2003. Proof of Publication of I ............................................... ......... i~~~.--~.--........~~~............. l- ..~.:':': SUMMARY . "'~ZONE 1EXT AMENDMENT 02-1 ~ 'DRDINANCE NUMBER 1493 , , " .', RETAINING WALLS . OrdlnBnC8 Numbo, 1493 0' tho cliy of Seal BeaCh amends the Zoning Code of the City 0' SeaJ Slach ta Include rogulolions _gto_rmg I_walls. Ordinance Number 1493 was 'ntroc!ucod o. the ..gular CIty CouIlClI "-ng'of JonUllly 131h.2003 snd ftlll I rood1ngwos_brthOioilaMng I vote:" ,!.: ' , AVES' Antos. ~:Doon.; lor- IlOn,Yost .. - ..., ':'l~ I, NOES: MolIon Conied ' " '~". Ij Ordinance NumbSr 1493 wlll~~ I ~ roodlng on~,~co_roil "", adoption at the regufar CRy Council ! mSObng 01 Jon_ 21lI1. 2llO3 Cop/so 01 Ordilnance Number 1493 are BV8II- oblo from tho 0Mc0 0/ tho Clly'Clork, City Hall, 21'1. 8th. Street, Seal Beach: IoIsp/1on'!.(562) 431-2527, DATED THIS.18th doy,o' Jonuory. 2003. " _ '. Joonno M. yoh. Clty'Clork. ".', Published In"the Seal Beach Sun:, JoumaJ 1f>>i03. _ .:.." ~ ~ - _ ' --1::_ ,'.' -," ... I certify (or declare) under penalty of perjury that the foregoing is true and correct. I Dated at eal e ch, CA. this en day of , 2003. '20~ ~[')lJ-t' 1\ lcpv-... . Signature PUBLICATION PROCESSED BY: THE SEAL BEACH SUN 216 Main Street Seal Beach, CA 90740 (562) 430-7555 Ordinance Number /~9~ PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, County of Orange This space is for the County Clerk's Filing Stamp I am a citizen of the United States and a resident of the county afore- said; I am over the age of eighteen years, and not a party to or inter- ested in the above-entitled matter. I am the principal clerk of the printer of the SEAL BEACH SUN, a newspaper of general circulation, printed and published weekly in the City of Seal Beach, County of Orange and which.newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Orange, State of California, under the date of 7/26/91. Case Number A 159565; that the notice of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-Wit:0 ;} '~/Q3 , all in the year 2003. Proof of Publication of I Fictitious Business Name ............................................... Statement ........... .'~. - -. -:---..--................ . ':. SUMMARY ZONE TEXT AMENDMENT 02-1 . ORDINANCE NUMBER 1493 RETAINING WALLS ;OrdlnancB Number 1493 of the City of Seal Beach amends the Zoning . Code to Include regulations relabng to ,retaining walls. Ordinance Number 1493 received second reading and Was adopted at the regular City Coun- Cil meebng of January 27th, 2003 by ~ the following vote' I AYES: Anlos, Campbell, !JIJson. Yost 'NOES: - I ABSENT: Doane Motion Carried I Copies of Ordinance Number 1493 are BYBIlabIe 110m the oIf1c:e 01 the Clly Clerk, Clly Hall, 211 - 8th Sire, Seel Beech: telephone (582) 431.2527. DATED THIS 30th day of January, 2003. Joanne M. Yea, City Clerk City of Seel Booch PUb. SooI Booch Sun Journol2l6lO3 I I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Seal Beach, CA, this l.() day of ,p.bru.a.~ ' 2003. '1?rJIxJ1 -J H4!//i kv 1'1- Signature PUBLICATION PROCESSED BY: THE SUN NEWSPAPERS 216 Main Street Seal Beach, CA 90740 (562) 430-7555 I