HomeMy WebLinkAboutCC Ord 1417 1997-06-23
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ORDINANCE NO.!!fL1
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SEAL BEACH AMENDING
CHAPTER 28 (ZONING ORDINANCE) OF
THE SEAL BEACH MUNICIPAL CODE
AMENDING SECTION 28-2317 TO MODIFY
THE LIST OF NON-HABITABLE
ARCHITECTURAL FEATURES
PERMITTED TO EXCEED THE HEIGHT'
,
LIMIT THROUGH THE HEIGHT
VARIATION PROCESS (ZONE TEXT
AMENDMENT 97-2)
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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 May 7, 1997, the Planning
Commission considered and approved Zoning Text Amendment 97-2. This
zone text amendment will change Section 28-2317(4)(A) of the Code of the
City of Seal Beach to allow "covered access to open roof decks" as a
permitted non-habitable architectural feature allowed to exceed the height
limit under the height variations section of the Code. This will replace
"covered stairwells to open roof decks" currently permitted. This
amendment is intended to address other means of access such as elevators,
,
which are sometimes needed to allow disabled access; and
WHEREAS, pursuant to 14 Calif. Code of Regs. ~ 15305 and ~ 1l.B of the City's Local
CEQA Guidelines, staff has determined as follows: The application for
Zoning Text Amendment 96-4 is categorically exempt from review pursuant
to the California Environmental Quality Act pursuant to 14 Calif. Code of
Regs. ~ 15305 (Minor 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
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WHEREAS, the record of the hearing on May 7, 1997 indicate the following:
(a) the said Commission held said aforementioned Public Hearing and
received the Staff Report.
(b) at said public hearing there was no oral or written testimony or
evidence received by the Planning Commission.
(c)
The proposed text amendment will revise the City's zoning ordinance
and enhance the ability of the City to ensure orderly and planned
development. Specifically, this amendment will change Section 28-
2317(4)(A) of the Code of the City of Seal Beach to allow
"covered access to open roof decks" as a permitted non-habitable
architectural feature allowed to exceed the height limit under the
height variations section of the Code. This will replace "covered
stairwells to open roof decks" currently permitted. This
amendment is intended to address other means of access such as
elevators, which are sometimes needed to allow disabled access;
and
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Ordinance Number /11 1
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WHEREAS,...based.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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,(a) '2;onil)g Text Amendment 97-2 is consistent with the provisions of
./ ~~~' th~~variq,us elements of the City's General Plan. Accordingly, the
" ;,~!'~;""" prop6.{ea~use is consistent with the General Plan. The proposed
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D' amenument IS a mlnlstrallve In nature an WI not resu t In
~ . j -,.-.-1hAng~~Mconsistent with the existing provisions of the General
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(l5t.~J;;rI!~roposed text amendment WIll revise the CIty's zoning
~otlhnance and enhance the ability of the City to ensure orderly and
planned development in the City through an amendment of the
zoning requirements. Specifically, the City will have a mechanism
for. reviewing and permitting access to covered roof access
structures within the City.
(c) Other means of reaching an open roof deck, such as an elevator,
will have the same effect as a stairwell and will be required to be
constructed within the same permissible envelope as permitted for
a covered stairwell.
(d) Allowing other means of access to a roof deck, such as an elevator,
will create equal opportunities for disabled persons to access roof
decks,
,
WHEREAS, a duly noticed public hearing was held by the City Council on June 9, 1997
to consider Zone Text Amendment 97-2; and
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WHEREAS, the City Council received into evidence the Report of the Planning
Commission, including the Staff Report and Planning Commission Minutes
of May 7, 1997, and Planning Commission Resolution No. 97-8. Tn
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 CO!lncil determined to approve Zone Text Amendment 97-2.
NOW, THEREFORE, BE IT ORDAINED that the City Council of the
City of Seal Beach does hereby approve Zone Text Amendment 97-2 and amend Chapter 28
of the Code of the City of Seal Beach as indicated in the following section:
Section 1.
Article 23, Subparagraph A. of Paragraph (4) of Section 28-2317 of
Chapter 28 of The Code of the City of Seal Beach is hereby amended to
read:
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"A. Scope: Non~habitable architectural features, such
as spires, towers, cupolas, belfries, monuments,
parapets (not required by Uniform Building Code),
domes and covered access to open roof decks may
exceed the height limit established for the district in
which such structure is located to a maximum of 7
feet if granted pursuant to the procedures contained
in this section."
PASSED, APPROVED AND ADOPTED by the ~~ Council of the City
Beach at a meeting thereof held on the oZt}:ttf J day of
1997.
Ordinance Number /~/j1
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STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
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1, Joanne M. Yeo, City Clerk of the City of Seal Beach, California, do ereby certify that the
foregoing or' ce is an original copy of Ordinance Number r n file in the
office oft e Cit Clerk, introduced at a meeting held on the
day of 1997, and passed, approved and ado.R~ by the City
Council 0 e ity of Seal Beach at a meeting held on the ot~~...L
~~ Im~~fo~~~
CooOO1~h",~~/.,{i-~~~p
Council members ~
AYES:
NOES:
ABSENT:
Council member
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ABSTAIN: Councilmemb
and do hereby further certify that Ordinance Number /~""7 has been published
pursuant to the Seal Beach City Charter and Resolution Nu~
~",,/f}?L r2
City Clerk ,;
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Ordinance
Number /t/!1
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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; 1 am over the age of eighteen
years, and not a party to or inter-
ested in the above-entitled maller.
I' am the principal clerk of the printer
of the SEAL BEACH SUN, a newspaper
of general circulation, printed and
published weeklv 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:
<<"'I
all in the year 19J1.L.
This space for for the County Clerk's
Filing Stamp
Proof of Publication of
............................ .
............................ .
., . NOTICE OF .. '. . ,
. . PUBUCHEARING'....J
NOTICE IS HEREBY GNEN thai
the City Council of tha City of Baal
Seach will hold a pubtlc _ring on
Mondlyl Jun." 1997, at 7:00 p.m.
In the.CIty Council Chamber'l..211
Eighth Str..., S..I !:I..eh.
ealUornla, to con.lde, Ihe
fallOWIng ...., .
ZONINGlESTAMENDMENT97.2 !
. R.qullt: To consider an
amendment to Section 28-2317(4)(A)
of the Code of the City of Seal Seach
to a1low"COV8f'8d access to open roof.
, decks" as a permitted non-habhable'
, archltectural- feature allowed to
~ exceed the height limit under the
height vanallOns 58chDn of !he Code
. This WI" replace "covered &IaIrweffs to'
: open roof decks' currently penmtled :
.Thls amendment IS mtended 10'
address oth81 means of access sucI'r!
I as elevators, whlch- are sometimes
I needed 10 allow disabled ~
I Environmental Amew: The project
l~c:egOr!~a1IY__.~8mPl from :~EQA
I Coclo S_, 28-2317(4)lA) .
I, Applloiant: city 0/ Saal Beich .
AI Ihe above time 'and place all
InlBl.sted persons may be nelld If
so deSired If you challenge Ihe:
proposed BCbons In court. you may be
.llmlted to r8Jslng only those Issues
,you or someone else talsed al the'
'pubhc hearing deSCribed In'thlsl
. nollCe, or In written correspondence
delivered 10 the CIty of Seat Beach ai,'
or pilar 10, the publiC heanng "
L.~":E0"ry1IS~hdaYofM,,1~7.
r Joanne Yeo, Cdy C1erfl; , ., :v
Cllyof_Baach ." .
.' Published In'the Seal Beach Sun
:O~7 ~ :-,,-,,:;~oi
I certify (or declare) under penalty of
perjury Ihallhe foregoing is true and
correct.
Dated at Seal Beach, California,
this 1....~ day of 'v.u.~ ,1997.
q.. 2 ~'~~g~~t~;~Q; 06
PUBLICATION PROCESSED BY:
THE SUN NEWSPAPERS
216 Main Street
Seal Beach, CA 90740
(310)430-7555
(714) 759-7726
Ordinance Number 1111
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PROOF OF PUBLlCATI.ON
. (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 mailer.
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:
\o/\q,
.
all in the year 19j!L.
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Dated at Seal Beach, California,
this \c\ day of ~ o-.-.a. , 19 97 .
Cl .&-;-:-.0.- 0- ~;~..o ~
~ Slgnatur .
PUBLICATION PROCESSED BY:
THE SUN NEWSPAPERS
216 MaIn Street
Seal Beach, CA 90740
(310)430-7555
(714) 759.7726
This space for for the County Clerk's
Filing Stamp
I
Proof of Publication of
............................ .
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SUMMARY
ORDINANCE NUMBER 1417
:~..
of Seal Beach adopts Zone Texl .
Amendment 97-2 to aUow 'covered
access 10 open roof decks' 81 a
Il8nn_ non-hablIBllIo__
feature allowed to exceed the height
limit under the height vanallans
section oltha City Cod., replBClnQ
,'covered stairwells 10 open '001
decks' as currandv permlned. thus
-addresses other means of access
Ordinance Number 1417 was
, Introduc.d at th. r.gular City
. Councll meeting of Jun. 9th. 1997.~'
. and flrsl r.admg wu appro....d by
. the fo!IOWI~ ~.. , .
H~YES. anWm, Campbel,: F0f8y1h. -
ason.. . .'
NOES Non.'.,. .~'..r~ .
ABSENT Fullon' :, .., "
Motion Carn.d .- '1:;:',. . ...::
Ordlnanc. Numb.r 1417 Will b.-
consld.r.d tor second reading and
adopllon atth. regular City COuncll
meellng of June 23rd, 1997 C~les
of Ordinanc. Numb.r 1417 are
a...BlI,bl. from th. office 0' th. City
CI.rk. Clay Hall. 211 . 8lh Stre.t
, Seal Beach. telephone (562) 431 ~
, 2527.
DATED THIS 10th day of June
1997. '
Joanne M. Yoo. CtIy Clerk
CItv., Seal Beach .
I Pub. SIiaI Beach'Sun 06119197
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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 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:
LA
all in the year 19 97,
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Dated at Seal Beach, California,
this ~~ day of ~....o 0- ,19J!L
q ,~ '..'~~n~~~~~O ~
PUBLICATION PROCESSED BY:
THE SUN NEWSPAPERS
216 Main Street
Seal Beach, CA 90740
(310)430-7555
(714) 759-7726
Ordinance Number ~
This space for for the County Clerk's
Filing Stamp
Proof of Publication of
oo...................................................... ..
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. SIIl.iMARV'.,
:- ORDINANCE NUMBE,!.141? t:.
:~' :: -, :tONING TEXT .. '..lj..ql
~~:. ~'!III!4MENDMENT 97'~..~r;:-'
.; :. .t., .. -:" ",~or-ot..\i- S
i :'~'" .<.~ ~~
'.~ '.r I, ...... FEATURES~, ,~
. ~ J''= Ir. . . '
t...Ordi~a'~i~ 'N~~i,;r: ~4.17' oflth~:
Clly of Seal Beach adopts Zof'!.8 I
: .Tex\ Amendment 97-2 to aUoW I
covered accSSS to open roof.
. decks as a permitted non~
!:"'hBbitBble' arcli,tectura' iea\ure .
allowed to e)(c~ed the ~elght .
: limlt'under,the t;elght vI!-riat1ons \
jueclton' ot :the -c1\Y Code,"~
~r8placing 'cQvered,stBlrwells to"
-open roof decks' as currently~
, permitted and addiesses other /
. means of access: Ordinance'
Numbe' 1417' received second
, reedlng'and we. edopled el Ihe .
-' reguler City Council'meetlng of ,
June :l3rd. 1997. bY',lhe
foIJoWIna vote: 1:....;.1:..:.:s, f ~l '...
AVES: '~'~rown, CamPbelli,
Forsythe. Heotings ,', .,
'NOES: None '. ~ ~l1f:.'
.ABSENT Fulton' .
~Matlon Carred \',
~OPi:'S ~; ~;dinance Number;
~14\7 are .vaUable from the~
;office of the-City. Clerk. CitY.:
Hall 211" 8th street. Seal
eeaoh;.telephone (582)-431,
2527: .".,'~...,. "\ ,". :~.
_ " ", ,..... .~_. ,,"0#' ._ ,..
IOATE,Vri:/IS'lOlh d~y oI:~e:.
.1997.,', '"l.r,..,' ,
, .. .' ~'. . ':.' :.' .
:J~i1n~YeO', CIty C~irk3::_:- ' .
,City at S.., Beach' _ :' : .
'puij:Seitl Be~h Su~ 07/O3}97.~,
\: ,,_....: . :',. ~, "'~'..'.' .,_ l"n',