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Home My WebLink AboutCC Ord 1433 1998-06-30 ORDINANCE NO. /1.3~ AN INTERIM ORDINANCE OF THE CITY OF SEAL BEACH EXTENDING INTERIM ORDINANCE NO. 1432, ESTABLISIDNG A MORATORIUM ON THE ISSUANCE OF DEVELOPMENT ENTITLEMENTS FOR ANY TIlREE-STORY COMMERCIAL STRUCTURE WITIDN 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. Ordinance No. 1432 is hereby extended to and including May 7, 1999. The Findings set forth in Ordinance No. 1432 are hereby incorporated by this reference. Section 2. With the exception of Interim Ordinance No. 1432 which, if not extended hereby, would expire on July 9, 1998, there is at the present time no ordinance sufficiently regulating the number of stories for commercial buildings within the Main Street Specific Plan Area. There is a risk that three story structures could be established without adequate ~gulation or which may be incompatible with neighboring uses. The establishment of such structures would be contrary to the general public health, safety and welfare. The City of Seal Beach intends to conduct studies forthwith to determine whether the unregulated development, construction or establishment of three story structures in the Main Street Specific Plan Area is: consistent with the goals and objectives of the Main Street Specific Plan; compatible with surrounding commercial and residential uses; or contrary to the pUQlic health, safety and welfare. Pending such studies, and the preparation and adoption of the appropriate zoning regulations, 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 w!thin the Main Street Specific Plan Area. I City staff has undertaken studies to review the impact of such three-story structures, and those studies have not been completed. It would defeat the purposes of Interim Ordinance No. 1432 to permit the Ordinance to expire until the studies are completed and a permanent ordinance is prepared and adopted. Expiration of the regulations contained in Ordinance No. 1432 would permit development of three-story commercial structures within the Main Street Specific Plan Area that could be inconsistent and incompatible with existing uses in the subject area. The public health, safety and welfare require that no further thr~-story commercial buildings, except those permitted by Ordinance No. 1432, be constructed within the Main Street Specific Plan Area until the City adopts adequate land use 'controls regulating such structures. 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 I Ordinance Number /I/a~ 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. I Section 3. Notwithstanding the provisions of Section 28-1252(4) of the Code of the City of Seal Beach and Section 310.6.1. of the 1994 Uniform Building Code or any other provisions of the Code of the City of Seal Beach, no building permits or other entitlements of use which would permit three-story commercial structures within the Main Street Specific Plan Area, except as permitted by Ordinance No. 1432, shall be permitted. Section 4. This ordinance is hereby declared to be an emergency measure for preservation of public health, safety and welfare and shall take effect immediately and shall remain in effect until May 7, 1999, unless it is extended or repealed by this City Council. Section 5. This Ordinance shall be adopted by four-fifths (4/5) vote of the City Council and shall be effective immediately upon such vote. Section 6. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published as required by law. APPROVED AND ADOPI'ED by the City !;::gil of the City of at a meeting thereof held on the ~ day of , 1998. I ~~ STATE OF CAUFORNIA COUNTY OF ORANGE CITY OF SEAL BEACH " " } } SS } I, Joanne M. Yeo, City Clerk of the City of Seal Beach, California, do regy certify that the foregoing ordinance is an original copy dinance Number / 3~ on file in the office of the" City Clerk, introdu ed at a meeti g held on the r2J~4V day of , 1998, and passed, approved and ~op~ by the City Council e i y of Seal Beach at a meeting held on the ~ - day of , 1998 by the following vote: I AYES: Councilmembe~ NOES: Councilmembers ABSENT: Councilmembers ABSTAIN: Councilmembers Ordinance Number /tlJs and do hereby further certify that Ordinance Number ~ has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. 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. 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 tyP..e::pot sm~lI~r:~ than nonpareil), has been published': I ili each regular and~~ntire~i~~~9f.':f'~' j said newspaper and,fl0t in any , . .~ .\.\.~ (, \' I "~~ supplemen~ thereof Of.l'tlj't&l!!?~jr:lg dates, to-WIt: ~ 'l!t\. all in the year 1998. Proof of Publication of ............................................... ............................................... ... SUMMARY . ;, ORDINANCE NUMBER 1433 . - . . URGENCY EXTENDING .. ,MORATORIUM. DEVELOP. MENT ENTlTLEMENTS- . THREE STORY COMMERCIAL STRUCTURES. MAIN STREET . .' SPECIFIC PLAN AREA Ordinance Number 1433 of the Clly of Seal Beach extends Inlenm Ordinance Number 1432. eSlabhshlng a morato- rium on thB Issuance of development enhtlements for any lhr~ story com.~ . mercia! slrUClure within the Mall' Street Specific Plan Area On::llnance Number 1433 was adopted as an urgency ordi- nance. effective Immediately- for t~e 1 - , penod of teri months and fifteen days , from the date of adoption, June 30, . ,1998 .' __ , AVES Brown Campbell. Doane. 'Yost: . NOES Boyd ABSENT .. Mabon catned CopieS of Ordinance Number 1433 are available from the office of the City Clerk. City Hall 211 - 8th Street. Seal. Beach: telephone 15621 431-2527 . , DATED THIS 71h day of July, 1998 : , Joanne M Yeo 'CIty ask City of Seal Beach I Publ;shed In the Seal. Beach Sun "7J'~ ,,: . I certify (or declare) under penalty of perjury that the foregoing is true and correct. - Signature PUBLICATION PROCESSED B THE SUN NEWSPAPERS 216 ~,1ain Street Seal Beach, CA 90740 (562) 430-7555. (714) 759.7726 ,1998. 1 Dated at Seal Beach, CA, this l \p day of