HomeMy WebLinkAboutCC Ord 1462 2000-05-22
ORDINANCE NO. M-t
AN ORDINANCE OF THE CITY OF SEAL BEACH
AMENDING CHAPrER 28 (ZONING ORDINANCE)
OF THE CODE OF THE CITY OF SEAL BEACH
AMENDING SECTION 28-506 TO ALLOW 2ND
FLOOR DECKS ON THE "A" ROW OF
SURFSIDE COLONY TO BE 10 FEET DEEP.
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THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY
FIND AS FOLLOWS:
WHEREAS,at a duly noticed public hearing at its meeting of October 20, 1999 and February 9,
2000, the Planning Commission considered and approved Zoning Text Amendment
99-4. This zone text amendment will change section 28-506 of the Code of the
City of Seal Beach to allow 2001 floor decks to extend 10 feet. Currently, 2'"
floor decks are only allowed to extend 5 feet. The intent of this code
amendment would be to allow residents to better utilize deck space with a view
of the ocean. When the berm is created, many I" floor decks have little or no
view of the ocean.
WHEREAS, pursuant to 14 Calif. Code of Regs. ~ 15305 and ~ I1.B of the City's Loca1 CEQA
Guidelines, staff has determined as follows: The application for Zoning Text
Amendment 99-4 is categorically exempt from review pursuant to the California
Environmental Quality Act pursuant to 14 Calif. Code of Regs. ~ 15305 (Minor I
Alterations in Land Use Limitations), because it consists of minor alterations in land
use limitations in areas with an average slope of less than 20%, which do not result
in any changes in land use or density; and, pursuant to ~ 15061(b)(3), because it can
be seen with certainty that there is no possibility that the approval may have a
significant effect on the environment; and
WHEREAS, the record of the hearing on October 20, 1999 and February 9, 2000 indicates the
following:
(a) the said Commission held said aforementioned Public Hearing and received
the Staff Report.
(b) at said public hearing there was oral testimony considered from the Surf side
Colony, but no written testimony or evidence received by the Planning
Commission.
(c)
The proposed text amendment will reyise the City's zoning ordinance and
enhance the ability of the City to ensure orderly and planned development.
Specifically, this amendment will change sections 28-506 of the Code of
the City of Seal Beach to to allow 2001 flOOT decks to extend 10 feet.
Currently, 2nd floor decks are only allowed to extend 5 feet. The intent
of this code amendment would be to allow residents to better utilize deck
space with a view of the ocean. When the berm is created, many I" floor
decks have little or no view of the ocean.
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WHEREAS, b~ upon the facts contained in the record, including those stated in ~4 of the
Planning Commission resolution and pursuant to ~~ 28-2600 of the City's Code, the
Planning Commission made the following findings: .
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Ordinance Number 1'414&~
(a) Zoning Text Amendment 99-4 is consistent with the provisions of the
various elements of the City's General Plan. Accordingly, the proposed
use is consistent with the General Plan. The proposed amendment is
administrative in nature and will not result in changes inconsistent with
the existing provisions of the General Plan.
WHEREAS, a duly noticed public hearing was held by the City Council on May 8, 2000 to
consider Zone Text Amendment 99-4; and
WHEREAS, the City Council received into evidence the Report of the Planning Commission,
including the Staff Report and Planning Commission Minutes of October 20, 1999
and February 9, 2000, and Planning Commission Resolution No. 99-36. In
addition, the City Council considered all written and oral evidence presented at the
time of the public hearing; and
WHEREAS, at the conclusion of the public hearing, based upon the evidence presented, the City
Council determined to approve Zone Text Amendment 99-4.
NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Seal
Beach does hereby approve Zone Text Amendment 99-4 and amend Chapter 28 of the Code of the
City of Seal Beach as indicated in the following section:
Subsection (6) of Section 28-506 of Chapter 28 of The Code of the City of Seal Beach is
hereby amended to read:
"(6) Stairways, balconies or patio decking may encroach into the Surfside Colony
leased land southwest of Block "A":
(a) First Floor - Ten feet with Glass deck enclosure;
(b) Second Floor - Ten feet, provided that the first floor deck is then restricted to
fiye feet in depth with a 5 foot high glass enclosure, OR
(i) First Floor is an on-grade patio extension to a maximum of 10 feet with no
enclosure
(c) RoofProjectionlSunscreen - Five feet
(d) The decking may haye a forty two inch high guard railing installed thereon as
required by the building code. On the first or second floor deck, a glass enclosure
may be added.
The glass enclosure shall not exceed five feet, measured from the finished floor
above the deck. No glass panel shall be less than three feet by three feet. All glass
above the forty two inch high guard railing shall be clear, untinted glass. No
portion of the glass enclosure shall be covered or roofed in any manner."
PASSED, APPROVED AND ADOPTED by the City ~oupcil of the City of Seal
t a meeting thereof held on the tPtc2 I'/l. ,I. day of
, 2000.
---IJdJii~~
Mayor
Ordinance Number I'~~~
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, Califo~ do hereby certify that the I
foregoing ordinance is an original copy of Ordinance Number /~ on file in the office of
the Clerk, introduced at a meeting held on the B4 day
of , 2000, and passed, approved and adopted by the CiIY Council of the
City(.JJ'1~eal Beach at a meeting held on the ..:?~ A. .,l day
of =tffir ,2000 by the following vote:
AYES: Counci1membe
ABSENT:
Councilmem
NOES:
ABSTAIN:
and do hereby further certify that Ordinance Number /461.. has been published pursuant to
the Seal Beach City Charter and Resolution Number 2836.
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PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of Orange
Ordinance Number I~'~
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
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:
~t1-d - ,p.. 7
all in the year 2000.
Proof of Publication of
...............................................
...............................................
NonCE OF
PUBUC HEARING
NOlleE IS HEREBY GIVEN 111..111.
Co.. CouncIl 011110 CIty,,, Sui ....ch
wolfhcfd. publIC hBarfrig an Monel!
May 8th. 2000, at 7.00 f,m.ln the I
Cauncll Ch......... 21 Eighth St
SeaI8each, Califorri.. tD conaIder the
, fallowing.....: .
ZONE TEXT AMENDMENT....
, SURFSIDE CEO< AMENDMENT
I R~' To conSIder an amendment
tb the Code of the Q!}' of Seal Beach
to allow the constructIOn of 2nd Floor
: decks WIthin the ~A.rowoflh8 Sur1sIde
. -Colony 10 8.1dend ten feet, not to exceed
.1""w.stonYboo,:1da1yol....~rty
= speCl~ the Cod8 curren alloWs
10fool on the first floor Prop-
erties would onty be a1lowad to have B
10 foot deck on Bither the 1st or 2nd
Floor I but not both
, PI.~ CommNfon Recommend.
Iion:The.~ConmSSlOOhasrec-
ommendad approval of Zone Text
-....' -
EnvIronmental Reva.: Thsprajed: IS
""'-""'Y__CEQA~
.~S_28-506' .
'ApplIc8!":Cllycf__ '-
llwnor: NcIAppi1cab1o'- ..
AI the above bme .00 place B1111llar8st-
ad persons may be h88rd" so desu&d-
W you challong8 "'" _ 8dIcns n
alUrt, VOJ may be Wi1dSd fa rBIllM1Q onlv
those IlI9UeS you or someone else l'lIsed
81lhe public hearing descnbed In this
llDboa,orn'Mltt8rl~deN-
I erad 10 the CIty of Seal Beach ai, or prior
,..,....pub/lchllanng .
r !?ATEC TIus 24th day of ApnI, 2000
JoanneYeo " I
:Clly08lll .
Published In the Seal BeeCh Sun
04/ZT1OO , . .
I certify .(or declare) under penalty of
perjury that the foregoing is true and
co rrect.
Dated at Seal Beach, CA, .
this~ '"7 day of .14~ , 2000.
.~~
Sig ure
PUBLICATION PROCESSED BY:
THE SUN NEWSPAPERS
216 Main Street
Seal Beach, CA 90740
(562) 430-7555 . (949) 759-7726
Ordinance Number ~~&;~
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CAUFORNIA,
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
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 pn the following
dates, to-wit:
6/;0
all in the year 2000.
Proof of Publication of
............................................... 11II
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. SUMMARY
ZOONREDINANCE NUMBER 1462
TEXT AMENDMENT ll8-
4 . DECKS - SURFSIDE
COLONY -
Ordinance Nwnbe< 148a of Iha CIfy
of Seal Beach amends the Code 01
the CIty of Seat Beach to allow the
conrrucll,pn. of second noor decks
=~.: feeraw of Surfsida Colony
..........., bounnd t, not 10 exceed thA
,'on!"" ~"_'o ... of Iha Jl!OP.OtIY cur.
I re ~e allows ten foot deCks on the
r' .hrst floor only, however ZTA 99-4
=~alof~8j1l1oorfoot deck on etther
Ord'I'. _N butnolanbolh
. nance Number 1462 was mtro-'
dUced at the regular City Council
meeting of May 8th 2000 and 'Irst
:::.Ing as apprDved bY the foJlOWIIlg
, AYES r~ Cempbell. Doana. '
NOES' None'
ABSENT Yost Motion earned
~anC8 Number 1462 W1U'nlIC81v8
_N~ "'be~_red""
- 8dO~hon at tHe r~ulBr CounCil
~~g of Mm 2Znd. 2 . Copies
eble ~ umber 1482 are aVall.
- p.)y Hall. a11 _'i,~a ;W,Clerk,
"Iaphoria (5B:!) 431-a5.2~ -, 11II
DATED 1Ius 9Ih day of Mey.l!IIOO
'~~fe~a1Y~ty Clerk _'
~~~,,~ed .n the Seal Beac~ Sun
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Dated at Seal Be~~
this /tJ day of ,2000.
~~~
Sig~re
PUBLICATION PROCESSED BY:
THE SUN NEWSPAPERS
216 Main Street
Seal Beach, CA 90740
(562) 430-7555. (949) 759-7726
11II
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Ordinance Number
/(61.
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 adiudged 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:
~~/
all i e year 2000.
Proof of Publication of
...............................................
...............................................
" SUMMARY
ORDINANCE NUMBER 14B2
. ZoNE TEXT AMENDMENT 99.
4 . DECKS - SURFSIDE
f '" COLONY ,
. 'ordinance Number 1462 of the City
of Seal Beach amends the Code 01
the City of Seal Beach to allow the
'Construction of second floor decks
wlthan the -A- row of Surfslde Colony
to extend len feet. not to exceed the
westerlyboundalyoftheproperly.wr.
l8f1t CcXIe allows ten foot decks on the
'fllst floor onlV. however ZTA 99~4
would dow a ten foot deck on Bither
Ihell1st of second ftoct but not en boah.
Ordinance NlIr1'ber 1462 r8C8IV8d sec-
ond reading and was adopted at the
regular City Council meeting of May
2200. 2O(Hj by the -follOWIng vote
AVES: eOyo. Pampbell. Doane, Lor-
, . son, Yost
NOES: None Motion CIUl'Ntd - l
. 'CopieS of Ordinance Number 1482
.......- from the _ 01 the CIty
Clerk. CIty HaU, 211 - 8th Street. Seal
Beach, telephone (662) 431.2521
DAlED ThIs 24lh dayolMoy, 2000
Joanne M. Yeo, QIy Clerk
CIIy of Seal Beach
Published In the Seal Seach Sun
t 6/1/00.. .
I certify. (or declare) under penalty of
perjury that the foregoing is true and
correct.
Dated at Seal Bea
this / day of , 2000.
4~~e
PUBLICATION PROCESSED BY:
THE SUN NEWSPAPERS
216 Main Street
Seal Beach, CA 907402(562) 430-7555 . (949) 759-7726