Loading...
HomeMy WebLinkAboutCC Ord 1432 1998-05-26 ORDINANCE NO. ~ AN INTERIM ORDINANCE OF THE CITY OF SEAL BEACH ESTABLISIDNG A MORATORIUM ON THE ISSUANCE OF DEVELOPMENT ENTITI.EMENTS FOR ANY THREE-STORY COMMERCIAL STRUCTURE WITlDN THE MAIN STREET SPECIFIC PLAN AREA AND DECLARING THE URGENCY THEREOF I THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Moratorium declared. Except as otherwise provided in Section 4 hereof, the City of Seal Beach hereby declares a moratorium on the issuance of building permits, demolition permits, conditional use permits, variances, zone changes, precise development plans and any other entitlements for the use or development of land which would result in the construction or establishment of any three story commercial structure within the Main Street Specific Plan Area. Section 2. Moratorium defined. Except as otherwise provided in Section 4 hereof, notwithstanding any other ordinance or provision of the Code of the City of Seal Beach, no application for a building permit, demolition permit, conditional use permit, variance, zone change, precise development plan or other permit or entitlement for use for new construction shall be accepted, processed or issued which would result in the construction or establishment of any three story commercial structure within the Main Street Specifi<; Plan Area and no environmental assessment, environmental impact report, negative declaration or categorical I exemption shall be prepared in connection with any such permit or entitlement. Section 3. Definition. For purposes of this Ordinance, the Main Street Specific Plan Area is dermed as that area designated in the Main Street Specific Plan, as shown in the map attached hereto as Exhibit A and incorporated by this reference. Section 4. Exemptions. The moratorium or limitation provided for in Sections 1 and 2 hereof shall not be applicable to any of the following: (a) that certain application for 328 Main Street, submitted to the City on April 30, 1998, for Plan Check, Permit No. 17286, a three-story structure. Nothing contained in this section shall exempt or except construction or use exempted by this section from any requirement or regulation of the Building Code, Zoning Ordinance, or other ordinance of the City of Seal Beach. Section 5. Relief from Moratorium. The owner of any property within the area described in Exhibit A may apply to the City Council for relief from this moratorium. Upon receipt of such an application, the City Council shall conduct a duly noticed public hearing, receive and consider the evidence submitted with regard to the application, and may exempt that properly I from the terms of this Ordinance if it finds that the property cannot be used for any economic purpose whatsoever unless it is developed with three stories, or that the three story development is consistent with the goals and objectives of the Main Street Specific Plan, compatible withnsurrounding commercial and residential uses and is not contrary to the public health, safety and welfare. In the event a property is exempted from this Ordinance pursuant to this Section, the Planning Commission and/or the Council may place reasonable conditions on such development. Section 6. Severability. If any part or provision of this Ordinance, or the application to any person or circumstance, is held invalid, the remainder of the Ordinance, including the I I I Ordinance Number /~2 application of such part or provision to other persons or circumstances, shall not be effected and shall continue in full force and effect. To this end, the provisions of this Ordinance are severable. Section 7. Penalty. Violation of any provision of this Ordinance shall constitute a misdemeanor and shall be punishable by a fine not to exceed $1,000 or by imprisonment in County jail for not to exceed six (6) months, or by both such fine and 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 subject to abatement as provided by all applicable provisions of law. Section 8. Statement of PUJl)Ose and Urgency Findings. As currently enacted, the Code of the City of Seal Beach allows the establishment of three story structures in the Main Street Specific Plan Area withol\t, sufficient.r"egulation There is a risk that three story structures could be established without,.~eciuate reguhitio{l or which may be incompatible with neighboring uses. The establishment of/sl!ch structures would be contrary to the general public health, safety and welfare. The City pf~f;a1 'Beach intends '\0 conduct studies forthwith to determine whether the unregulated develop'~ent, ~'iisti:uction 9r,J establishment of three story structures in the Main Street Specific Plan'iArea is: cOnsistent with the goals and objectives of the Main Street Specific ,.po;;;. . ~7 Plan; compatible witl1~SiJJJouitding ~~ercial and residential 'uses; or contrary to the public health, safety and welfai'C':?- ~Pend~!li~uch studies, and the preparation and adoption of the appropriate zoning regulati~-it' is necessary for the immediate preservation of the public peace, health, safety and welfare that no three story commercial structure be developed, constructed or established within the Main Street Specific Plan Area. Due to the possibility that unregulated or inadequately regulated three story structures could be established under the current provisions in the Code, the City Council'hereby finds that there is a current and immediate threat to the public health, safety and welfare and finds and declares that this Ordinance is required for the immediate preservation of the public peace, safety, or welfare of the citizens of Seal Beach. The issuance of any building permit, demolition permit, conditional use permit, variance, zone change, precise development plan or other permit or entitlement for use for the construction or establishment of any three story commercial structure within the Main Street Specific Plan Area would constitute a threat to the public health, safety, and welfare. Therefore, it is necessary for the preservation of the public peace, health, safety and welfare that this ordinance take effect immediately. Section 9. This ordinance is an interim ordinance and shall be of no further force and effect 45 days from its date of adoption unless the City Council, following notice pursuant to Government Code section 65090 and public hearing, extends such ordinance pursuant to the provisions of Section 65858 of the Government Code. - . Section 10. This is an interim measure, adopted pursuant to the authorization of State law in order to maintain the status quo pending the completion of studies and adoption of amended zoning regulations. It is not a final disposition as to development of any particular parcel of property within the City. The City Council has the authority to adopt an interim ordinance pursuant to the City Charter and Government Code Section 65858 in order to protect the public health, safety, or welfare. Section 11. The provisions of this Ordinance set forth herein have been reviewed and considered by the City Council in accordance with the provisions of the California Environmental Quality Act, as amended, and the Guidelines promulgated thereunder and, further, said Council finds that it can be seen with certainty that there is no possibility that this ordinance may have a significant effect on the environment and the adoption of this ordinance is therefore exempt from the requiremerits of the California Environmental Quality Act pursuant to the provisions of Section 15061(b)(3) of Division 6 of Title 14 of the California Code of Regulations. , Section '12. This Ordinance shall be adopted by four-fifths (4/5) vote of the City Council and shall be effective immediately upon such vote. Section 13. The City Clerk shall certify to the adoption of this Ordinance and shall cause the:wne to be published as required by law. Ordinance Number /~~ PASSED, APPROVED AND ADOPfED,,2Y the City Council of th~ of Seal Beach at a meeting thereof held on the ..2h_ day of 'AI' 1998. ..!~~~ I STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I. Joanne M. Yeo. City Clerk of the City of Seal Beach, Californ' , do hereby certify that the fore oing ordinance is an original copy of Ordinance Number '4:2 on file in the office of the Clerk, introduced at a meeting held on the day of , 1998, and passed, approved and adopted by ~ity f:~ncil of the City of h at a meeting held on the ~- day of , 1999by the following vote: I AYES: Councilmember NOES: Councilmembers ABSENT: Councilmember ABSTAIN: Councilmembers and do hereby further certify that Ordinance Number;' ~~ has been published pursuant to the S h City Charter and Resolution Number 2836. I I I I Ordinance Number /~..2 .. -- ""~'~~,' w . J 'l -- ....... --- .-.- --- ---- ~. . _ . ~ I!.... PACIFIC COAST HIGIo4WAV , . " ~ ~~ . ~ ;:l o=~- -... ,. I:::i:: ..lIl .. ~J -= .. k' . .' ~ '.. c~iE ....~ w _+ . ~ IE ~ ,,- ~.7' -; mI~ .... : ~~'- t.';i;; ~ ~ '" H :-;'....:Ii r 5 :x'l-Z:!:: I ~.+.-' f.ii I"., ~~ ~ ,; I ~ . i 1&="-_ f1'" , "" ,- f>- 1,.;; --.;;;, .. ~. -' ~ : -:. . ~ . . ,~. --- ~- .....', f-f-. ~..:""' I- i.. . _ ~ -;-..:. ~ 'M- .-:- . ~ - ". .. -...:... . . . -... '-'..;;" .:-~-;; ......~. ~ 'cL1 . . ~ -:- - '. ~ ~a,... 111~.~ ~I'I,:~. : ~ :: - ~ -- I .....~ ~.4I . t..- ,"'1 . -:to . ~ (2 h'~'" ~~ II E 'i;r.tj ~:. '._'~J" ..... .......,j'ia1 ~~ F-=t ~., :-I:~ F~~~" ~.,.~~...:~:-.-...:: "----~ ~~ ,.!:.'. . -I' "'m~"'" ~ . 'I I L...- '1~.' I ~~ i= 0:.- . vE . .. ' .,.....; ..::~. ~ -",,:.-fA- ...~-;;;;;&... r:--.. : : ::i= .. ,"- : ~ ~ t ~ t "::!,,,,; ~- ~ . . .!.- 8" ! . III III " I: -:. "' ~ ~_. ... It '" . . . ..- . I 1- . ~~. - :r<::.= It _~ :.t': _.: .1_; . . III H:- _.;- III . ~I~= Iii ~..,,; . .:-ri't ..~.. +... . -r . .f;;;' .._ ~... ,..--.. .- = .. I ...;,r-: . e;.;i-I I .:i" .......! : :.i=!f+= I ~ij .,! -~- ,~....:WI ~: I-.h .~.~~. t ~, ':!:= "'f.= '~-: ii ~ "..: ...I!!- -"---~Et- , 1'... ,': --,,-" -;:-:- ~ : ii':: ...... . ~ ....r' ,-_= ". .- "- ~~ ":'~'JI!.;... :.:- W'.. L_." __ .3--11-1- .,.: 1- -. -~ . . ........~-. I ... I . Jl~ob,. :','. - '.""" ~,..:.~ - .:!~ . ":~~ ...r: , ,,~, . I ..1 F:,,,'_ - - ~...... ~;~!'l'~~:' '~~'!~~ ~~~~ ~~ ....... h ~... ,..' Clt " '~fi ~'.I .,. II "ini'~ FIGURE: 1 ~STREETSPEC~CPLANBOUNDRY .f I 'JZ'~~T~llJC ltIain Street Specific Plan 2 ZucJcrr S;y,trm, Ordinance Number J',;~~ PROOF OF PUBLICATION (2015.5 C.C.P.) 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 nas 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 \han 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\ all in the year 1998. I certify (or declare) under penalty of perjury that the foregoing is true ano correct. Dated at Seal Beach, CA, this \\ day of ~~ ,1998. ~"n'~n~u~O'~' PUBLICATION PROCESSED BY: THE SUN NEWSPAPERS 216 Main Street Seal Beach, CA 90740 (562) 430-7555 . (714) 759-7726 This space is for, the County Clerk's Filing Stamp I Proof of Publication of ...............1............................... ............................................... -NOTICE OF' . PU8LIC HEARING" - I NOTICE IS HEREBY GIVEN thlt !he I City Council of the City of Seal Beach : I' wdrhold. publiC hearing on Monday, June 22. 199B.1It 7:00 p m.lntheClty - Council Chambers. 211 EJghth Sb'eet, . Seal Beach. Call1ornla, to consider the 'ollowlng Item: , INn!i/fD~~432" '. . MORATORIUM ON THE: ; CONSTRUCTION OF THREE.STORY STRUCTURES .. - WITHIN MAIN STREET . . SPECIFIC PLAN AREA . Request: To eldend the effectJve Pen, ad of "OrdlniUlC8 No 14332, An Inter' 1m Ordinance of the Qty of Seal Beach eslabllshulg a MoralOrun on the Islla1c8 of Oevelopmenl Entitlements for any Ttvee-Story Commeraal SbJrcturesWllh , the Main Slreel Specmc Plan Area and . Oeclanng the Urgency Thereof. fQr an additional (10) months and fllleen (15) days. pursuant to Goverment Code Sec- tion 65858(8) . emn...........R........ The_ Is categorically exempl from CeOA ' . ,- t.r8\IIew . "'_ ' Code Section.: Government Code . , SectIOn 65858(a). CodA of the CIty of Seal Bsach, 28-1252(4) . Applicant: Cdy of Seal Beach. . . . AI the aboVe tlma and place a1llnter~'; 'eSled persons may be heard 'so desr8d . If you challenge the proposed actIOnS In court. you may be hrrllled to rBlSlng ~ . only those1sSUBS you or someona alse . relSBd allhe publIC heanr19 descnbad I In thIS notice or In wflnen correspon- dence ,,"""10 !he CIty <1__ i aI. or poor 10 the publIC h~' . I DATEOf!lI~Bt~.dayot~~ne.1. ",-1 JaanneMVeo.. ."l.~" . ~ I CnyClerk'.~ \' ;, ~ t" " I Pubhsheit In the Seal Beach SUI1 . , 06/11/98". . ,_.;......~. f -,' ,,~ I I PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA. lunty 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 malter. 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 nas 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 Ie notice of which the annexed is a rinted copy (set in type not smaller t11an nonpareil). ha~ been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: {pA I all in the year 1998. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Seal Beach. CA. this '-\ day of ~u-..... , 1998. ~. 0 . . "'si~~,~-;;--.E".r>~ PU3L1:ATION PROCESSED BY: THE SUN NEWSPAPERS 216 ~,'ain Street Seal Beach, CA 90740 (562) 430-7555 . (714) 759.7726 Ordinance Number /~ fl, This space is for the County Clerl<'s Filing Stamp Proof of Publication of ..................,............................ ............................................... ,'SUMMARY -.' ' , ORDINANCE NUMBER 1432 . URGENCY ESTABLISHING , , MORATORIUM. DEVELOP- ' . MENT ENTITLEMENTS - , ,THREE STORY COMMER- , ' CIAL STRUCTURES - MAIN , STREET SPECIFIC PLAN . " AREA ' OrdInBnce Numbet 1432 of the City of Seal Beach ellabhshes a moralonum on the ISsuance of development 8nb- tlemenls for any thre. Ilory convne,- cud structure Within the Main Str.et Specific Plan Area Ordmance Num. ber 1432 was adopted ssan urgency . ordinance, effective Immediately tor the penod at foIIy~flV8 days from the date of adoption . AYES Boyd, Blown, Campbell, Doane, Yost NOES -None .. . ABSENT MoIJ~ carned CopIes of OrdInance NumIiet 1432 are available from the office of the City CI81k. City Hall, 211 . 8th Street, Seal .Be~,1818phone (562) 431-2527 DATED THIS 27th day of May, 1998 'Jo8nn~ M Yea, City CIBf'k . , f:lly of Seal Beach, , ~ ~1I11he.SealBeachSoo&I4J9B.