HomeMy WebLinkAboutCC Ord 1517 2004-02-23
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ORDINANCE NO./~
AN INTERIM ORDINANCE OF THE CITY OF
SEAL BEACH ENACTED PURSUANT TO
CALIFORNIA' I GOVERNMENT CODE
SECTION 65858, EXTENDING INTERIM
ORDINANCE NO. 1514, PROHIBITING THE
ISSUANCE OF BUILDING PERMITS AND
OTHER LAND USE ENTITLEMENTS FOR
ANY ADDITIONS TO DWELLING UNITS IN
THE BRIDGEPORT AREA DURING THE
PENDENCY OF THE CITY'S REVIEW AND
ADOPTION OF PERMANENT ZONING
REGULATIONS FOR SUCH USES AND
DECLARING THE URGENCY THEREOF
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES
ORDAIN AS FOLLOWS:
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SECTI0N.1. Moratoriuin'extended, Ordinance No. 1514 is hereby extended to
and including January 7, Z005'. ~:[:I.'he Findings set forth in Ordinance No. 1514 are
incorporated by this refere:rice. ~~.Mopting Ordinance No. 1514, thc City of Seal Beach
established a moratoriulIi'pl'~hibiting'thc increase, enlargement, expansion of, or addition
to dwelling uni-ts,on the followiIl~~teal property within the City: (I) Lots 1-41 and Lots
43-66 inelusive of"-rr~etf~iI's shown on a map recorded ill Book 243, pages 27, 28,
and 29 of miscellaneoUS'maps, records of Orange County, California; and (2) Lots 1.76
inclusive of Tract 6346 as shown on a map recorded in Book 251, pagcs 8, 9, and 10 of
miscellaneous maps, records of Orange County, California.
SECTION 2. Moratorium tenll, This Ordinwlce shall expire, and the
moratorium established hereby shall tenninate, ten (10) months and fifteen (15) days
after the date of adoption unless further extended by the City Council, at a regularly
noticed public hearing, pursuant to California Governmcnt Code Section 65858,
SECTION 3, Penaltv. Violation of any provision of this Ordinance shall
constitute a misdemeanor and shall be punishable by a fine not to exceed one thousand
dolll\rs ($1,000) or by imprisomnent tor a period not to exceed six (6) months, or by both
such fine wld imprisonment. Each and every day such a violation exists shall constitute a
separate and distinct violation of this Ordinance: In addition to the foregoing, any
violation of this Ordinance shall constitute a public nuisance and shall be subjcct to
abatement as provided by all applicable provisions oflaw,
SECTION 4. Additional Lel!:islative Findings. The City has begwl to study,
within a reasonable timc, the adequacy of its existing ordinances regulating development
in the Bridgeport Area. The Planning Commission, the City Council and the people of
Seal Beach require a reasonable, limited, yet sutlicient period of time to consider and.
study legally appropriate and reasonable policies regulating residential buildings and uses
on the Bridgeport Area properties in order to resolve the conflicting regulatory scheme
that currently exists. Given the time required to undeltake the study and planning this
situation calls for, the City Council tinds that it is nccessary that this temporary
moratorium be extended to ensure that improvements to buildings and uses that may be in
conflict with the contemplated new development policies are not permitted in the interim.
The City Council has the authority to adopt an interim ordinance pursuant to the City
Chmtcr mld Government Code Section 65858 in order to protect the public health, safety,
or welfare,
Ordinance Number ~
Accordingly, the City Council finds that there is a current and immediate threat to
the public health, safcty and welfare presented by the increase, enlargement or expansion
of, or addition to dwelling units in the Blidgeport Area. In the absence of immediate
cffcctiveness, the approval of building pennits, conditional use pcnnits or any other
applicable entitlements for the increase, enlargement or expansion of, or addition to
dwelling units in the Bridgeport Area wi1\ result in that threat to the public welfare. Duc
to the foregoing circumstances, it is necessary lor the preservation of the public health,
safety and welfare that this Ordinance take effect immediately. This Ordinance is an
urgency ordinance for the immediate preservation of the public peace, health and safety
and therefore shall be passed immediately upon its introduction and shall become
effective immediately upon its adoption.
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PASSED, APPROVED AND ADOPTED by the City Council of tile City of Scal
Be~ a meeting tllereof held on the ~,..dt~ day of
~2004.
--b!tf-ar)~
ST ATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF SEAL BEACH
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I, Joanne M. Yeo, City Clerk of tllC City of Seal Beach, California, dQ 1lgeby cClti fy tllat
the foregoing ordinance is an original copy of Ordinance Number J~ll on 1ile in
tile office of the City Clerk, passed, app~ved and adopted by the City C nci! of the City
of Seal Beach, pursuant to the ~~er and Government de Section 65858, at a
meeting held on the /t,L day of , 004
by the following vote:
ABSENT:
Councihnembers
AYES:
Councilmembers
NOES:
Counci!mClnbers
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ABSTAIN: Councihnembers D4Z
And do hereby further certify that rdinancc Nwnber!#1' has bl.'Cn publishe<j pursuant to
the Seal Beach City Charter and Resolution Number 2836.
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Ordinance Number ~
PROOFOFPUBUCA~ON
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of Orange
This space Is for the County
Clerk's \==lIIn9 Stamp
I am a citizen of t~e 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
ofthe~,a
newspaper of general circulation,
printed and published wukblln 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
2124n5. Case Number M2SSa; 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:
3/?f
all in the year 2004.
I certify (or declare) under penalty of
pe~ury that the foregoing Is true and
correct.
Proof of Publication of
"Trr~'T 1'-"[ IT 11 ............,.,. Tr~~T
awn IT III r - - -............._- f1 r -
'. SUMMARY"'-'"
, ORDINANCE NUMBER 1&17-
~DlNGORDlNANCEI514 '
. , - PROHlBITI'IG II\IlUlfNG -
'PERMITS. DWELLING:" :
UNITS - BRIDGEPORT AREA
. URGENCY , ,
. Ordinance Number 1517 '
extends Interim Ordnance Nurn--
ber 1514 that prohibita Ihe
ISStllInClI 01 bulking permll. end
olher land use entitlements for
any Bddibons 10 dwetlmg unlls In
lhe Bridgeport ar88 during the'
pendency 0I1he C1ly's_ and
adoption of permanent Zomng
RegulaUons lor such uses 0nfI-
~nce Number 1517 was adopt-
ea an an _ bas. bylha lei,
bwJng VOle ", ..
. AYES. Antos; Cempbell .
Doane, Larson .
, NOES None 1-.,
ABSTAIN" Yoat. Mellon ca,-
,ned
Copres of Ordrnance Number
151~ are EMI.able from the oftJce .
01 the City Clerk. Cl1y Hall 211
. 8th Street, Seal Beach 'Iele.
,Rrana (5&2) 431,2527 ' ,,: .
DAlEO THIS 25Ih day 01 Fab-
ruary,2OO4. '. - .
.... Joanne M. Yeo, City Clerk
.; Cfly of Sear Beach ~. : Y
Seal SeBch Sun a/4I2OO4 ;S',
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Dated at Seal Beach, C~,_
thls~day of j'I/tlYQU , 2004.
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PUBLICATION PROCESSED BY:
THE SEAL BEACH SUN
216 Main Street
Seal Beach, CA 90740
(562) 430-7666