HomeMy WebLinkAboutCC Ord 1419 1997-05-10
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ORDINANCE NO. /!if!J-
AN ORDINANCE OF THE CITY OF SEAL BEACH
AMENDING SECTION 28-401 OF THE CODE OF
THE CITY OF SEAL BEACH TO CONDITIONALLY
ALLOW DECK STRUCTURES IN REAR-YARD
SETBACKS IN PROPERTIES IN THE RESIDENTIAL
LOW DENSITY ZONE, DISTRICT V, WHICH ABUT
THE HELLMAN RANCH OR GUM GROVE PARK
(ZTA 96-I)
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1, Certain properties in the Residential Low Density Zone of District V,
located on Crestview Avenue, Catalina Avenue and Surf Place, which abut the Hellman Ranch
or Gum Grove Park are uniquely situated in that the rear yards of many of the homes are subject
to a substantial grade differential and a steep slope leading down from the rear of the structure to
the Hellman Ranch Property and Gum Grove Park below.
Section 2. Some of the owners of the above-referenced properties have, over the
course of many years, attempted to compensate for the loss of rear yard space caused by the
steep slope by constructing large decks, many of which extend into the current Code-required 10
foot rear yard setback. The legal status of such structures varies greatly, because some were
constructed with proper permits, others were constructed without any permits, and still others
have been in place since prior to the adoption of the applicable Code requirements,
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Section 3, 'It is th~ intent of the City Council to eliminate uncertainty regarding
the legal status of deck structures whilih pre-date this ordinance, and to protect public health and
safety, by conditionally permitting d~~~s in setback areas, provided that property owners obtain
proper permits and inspections from the City. The permit process, as required under the
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ordinance, is necessary,to ensure neighborhood compatibility and to promote the public health,
safety and welfare t~?~gh ~e i~p.<.1~,i9&n of all necessary conditions,
'".., 'b '. 't'~?C
Section'4'~he.eiiy Council hereby finds that the adoption of this ordinance is
categorically exempt from the provisions of the California Environmental Quality Act (CEQA)
pursuant to State CEQA Guidelines Sections 15301 and 15303.
Section 5. Section 28-401(2)(b) of the Code of the City of Seal Beach concerning
minimum yard dimensions is hereby amended by adding the following subsections (~ and (') to tJI/#,o
the exceptions which are permitted within certain residential rear yards in District V which do
not abut a street:
N.~"(S) Uncovered decks constructed as a level extension of the flat graded
T' portion of the lot which were constructed without appropriate permits prior to
January 1, 1999, and which are located on those certain properties in the
Residential Low Density zone of District V which abut the Hellman Ranch or
Gum Grove Park, may be approved by the Planning Commission through the
consent calendar plan review process. The owners of such pre-existing decks shall
apply for consent calendar plan review approval within twelve (12) months ofthe
effective date of this Ordinance,
qLV(f) Uncov~red decks designed as a level ~ension of the flat graded portion
of a lot on those certain properties in the Residential Low Density zone of District
V which abut the Hellman Ranch or Gum Grove Park, may be approved by the
Planning Commission through the conditional use permit process. The height of
any such uncovered deck shall not exceed 12.5 feet, measured from the top ofany
required railing at the point closest to the required side or rear yard to the lowest
Ordinance Number ~
land elevation directly below said uncovered deck. In addition to imposing
reasonably related conditions, the Planning Commission may require screening.
landscaping and/or terracing in connection with the proposed deck."
Section 6, The City Clerk shall certifY to the passage and adoption of this
ordinance, and shall cause the same to be published once in a newspaper of general circulation
circulated within the City of Seal Beach.
ABSENT: Council members
of Seal Beach,
1999, by the
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PASSED, APPROVED AND AI?9P.TED by the City
at a meeting thereof held on the /fI 8 day of
following vote:
AYES: Councilmembers
NOES: Councilmembers
Mayor ~
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
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I, Joanne M. Yea, City Clerk of the City of Seal Beach, California, do hereby certify that the
foregoing ordinance is the original copy of Ordinance Number on file in the
office of the City Clerk, passed, approved and adopted 31 the City Council e City of Seal
Beach, at a regular meeting thereof held on the /,1- .day of
1999, '
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Ordinance Number 11/9
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of Orange
This space for for the County Clerk's
Filing Stamp
I am a citizen of the United States
and a resident of the Couii'ty 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 circulatio'n. 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: . '
\ lAQ
I
Proof of Publication of
FICTITIOUS BUSINESS NAME STATEMENT
............................ .
............................. .
.'. _ SUMMARY'., .
. ORDINANCE NUMBER 1419
. ,DECK STRUCTURES
REAR YARD SETBACKS
'O;dmance-Number 141~ of the Cl~
of Seal Beach amends the Code 01
the City of Seal Beach to condlllonatly'
allow deck structures m rBar yard
setbacks In properties In the r8Sldeml8l .
low aenSlty zone, Dlstnct FIV8. which.
abullhe Helman Ranch Of Gum Grove!
- Park OrdInance Number 1419 was
Inlreduced at the regular City Council
meeting of December 8th. 1997 and.
Iirsl reading wl!s approved by Ihe
.foIIowiJHlV01s," 0... . -
'AYES: BrOwri'. Campbell. FOrSylhe.
Fullen, Hastings
NoeS. None. MotIOn carned
; Ordlllance Number 1419 Will ,scewe,
, second (8OOlng and be conSIdered for
. ladophi:in Bl Ihe January 12, 1998 CIty
I Cour1ot meeting. Copies of Ordinance
I Number~1419 are aVailable from the
office of the City Cler\(. City Hatl, 211
. 8th Street, Seal Beach, telephone
(S62) 431.2527, ' .
DAleDn..,OlIidayalllecBfrl>er,l997
Joanne M. V.o.'Cllj Cler~ . r""' .,
City of Seal Beach.' ,
. published In the'Seal B,ech S~n :
12118197 . ,"', " I .
I -=.. 4 . -7' . \
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all in the year 19J1L. .
I certify (or declare) under penalty of
perjury that the foregoing is true' and
correct.' .
Dated at Seal Beach, California,
this ~ day'of ~,.... _ ,19Jrr..
-Qd I':"II..,~~~ MhVC)
Signature
PUBLICATION PROCESSED BY:
THE SUN NEWSPAPERS
216 MaIn Street
Seal Beach, CA 90740
(310)430-7555
(714) 759-7726
Ordinance Number IJ./J9
PROOF OF PUBLICATION
(2015.5 C,C,P,)
This space is for the County
Clerk's Filing Stamp
STATE OF CALIFORNIA,
County of Orange
~ 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
Oity 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:
[Ott. ~ {\
I
Proof of Publication of
...............................................
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Paste Clipping
of Notice
SECURELY
in This Space
Dated at Seal Beach, CA,
this day of
,1999,
.. NOTICE OF: ..'
PUBLIC HEARING
NOTICE IS HEREBY GiVEN thot
Ih. City CouncU of the City of S..I
. 80Gh wm hold. public hArlng on
~nd8v. April 12, 1.. at 7:00 p.m.
. In Ihe City Council Chambera, 211
. Eighth atr.... Se., Belch, C.lllor-
I nla, to further GOnlld.,. the follow-
'Ingltem:
ZONE TEXT AMENOMENT96-1
. REAR YARD SETBACK
DECKS ALONG CRESTVIEW &
'CATALlNA AVENUES &
.' , ~ SURF PLACE
. Roq.....' A _ far Iho COy Coull-
I' cd to further conmder amendments to
Ihe Zoning Ordinance to amend Ihe
. rear yard setback requirements of the
ReSldentlallaN DInIdy Zone, OIstncl
V. to permit decks to.1]e constructed
WJthln the rear yaId 881back The pro-
posed amendmenlII Inlended to
~ address raw y&Id slope along the 1'8&1'
I yards of CrellYlew Avenue, CaIaIlna
Avenue, and Surf Place, adjacent to
the Hellman Ra(lchlGum Grove Park,
I Envlronmentlll Review: The prolBd
II categoncBlly exempt from CECA
.ovIew.
Code Bllellon.: 28-401(2)(b); 28.
2600: 28.2610
AppllCllnl: CIty of Seal Beach . ,
, Owner: Not applicable': .
. At the above lime and place Sa Inter-
~,est.d persons may be heard If so
d_. "you choIIoi1g8lho pral""!""
I actJonsln COlJtt, you may be hmilMt to
I'BIIIng only those IssueS you or &Ome-
: . one else nused at the public hearing
. descnbed In ttus ~~ce, Olin wnnen~
correspondence delivered to the City
; of Seal Beach BI, 01 pilar la, ltie pul)..
lie hearing, . '"
. DAlED_'81hdayofMarch,lll99,
I _J~nne M, Yea, Qty Clerk, I .
Published In Ihe Seal Beach Sun,
03125199
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all in the year 1999,
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Signature
PUBLICATION PROCESSED I?Y:
THE SUN NEWSPAPERS
216 Main Street
Seal Beach, CA 90740
(562) 430-7555 . (949) 759-7726
I
Ordinance Number /t//9 .
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
Oity of Seal Beach, County of
r;,.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:
~\4-"i ,
all in the year 1999.
Proof of Publication of
...............................................
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. ..' SUMMARV. ..:: I
, ORDINANCE NUMBER 1419
. ZONE TEXT'AMENDMENT "
',96-1 - DECK STRUCTURES
:- REAR YARD SETBACKS
Ordinance Number 1419 of lhe en .
I of Seal Beach amends the Code J
. the City of sear Beach 10 conditional.
. Iy BIlow deck structures In rur yard
. setbacks of propenlls In the Resl.'
.. dentlal Low Density Zon.,' Dlstnct V, I
"""" abullho Hellman Ranch orGum
Grove Park. ~eclflcaJly those prop.
'entas arong crestview and Calallna .
Avenues and Surf Place. Ordinance
Number 1419 waslntroduC8d elthe
rogu'ar Cny Council mooting of A"",
2Erth. 1999 and first reading was
~apP~oV8d by the following VOle:. .
, AYES: Campbon, Doooo, Snow .'
. Yost . _ I .
_NOES' Bo\'d' . MOhon canfod
, - - . 4 .
.. Ordinance Number. 141 9 WIll receIVe
: 88COnd reading and be conSIdered for
'I' ,adoptIOn althe regular CIty CounCil
Meedng,af May lef, 1999. Copies of
I Ordinance Number 1419 are BValIable"
: from the. offICe of the City Clerk, Clay
. Hall. 211 .8Ih Street, Sear Beach; 1e18.
. phone (582) 43 t .2527. . .
, DATED lhJs 271h doy" Apn. ,ggQ'
: Joanne'M. Yeo;CltyClerk .
. CIty of Seal Beach " .
i Publl.hed In the Seal p.~ch Sun
.6I6i99... . I
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I certify (or declare) ~nder penalty of
p~rjury that the foregoing is true and
correct.
I
Dated at Seal Beach, CA,
this , day of fvtA-~{ , 1999,
R~
Signature
PUBLICATION PROCESSED I?Y:
THE SUN NEWSPAPERS
216 Main Street
Seal Beach, CA 90740
(562) 430-7555 . (949) 759-7726
Ordinance Number 1'/ If
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of Orange
This space is for the County
Clerk's Filing Stamp
'" am a citizen of the United States
and a resident of the county afore-
said; I am over th~ age of eighteen
years, and not a party to or inter-
ested in the aqove-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
Oity of Seal Beach, County of
tQOrange 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 ther~of on the following
dates, to-wit:
MA-"( ~
all in the year 1999,
I
Proof of Publication of
FICTITIOUS BUSINESS NAME
STATEMENT
...............................................
...............................................
. SUMMAqy
ORDINANCE NUMBER 1418
ZONE TEXT AMENDMENT
, '.1 - DECK STRUCTURES
, - REAR VARD SETBACKS
. Ordinance Number 1419 or the City
I of SeaJ Beach 8IJI8IUI8 1M Code 01
I the c;:rty of S88I Beach to oondltlon'l-
, Iy allow deck structure. In rear yard
' setbacks 01 Properties In Ihl R88J.
donllal LoW Donolty Zon,;, Distrlct V,;
-whlchllbullhe__orGllm
Grove P.m, speclffcaffy those prop-
8111.. along CieslYiew and Catalina
Avenue. and Surf Place. Ordinance
"'mber 1419, 88 amended. received
second feadliand was adapted at
the regular Cl CounCil = of
May 100h, 1 and WII by I
"the foUovvlRg vote: , .
AYES: ~bell.lloan...Snow,
'Yost ' .
NOES' Sayd . MoII01l _ad
I CQp/es or OrdInance Number 1418
..'8V8JIableframtheofftceOftheC/tv
, Clark, CIty Hall, 211.-'8111 S_, Sllil
, 110""": lI/ophai1a (582)431'2527.
DAlCll niIs 1111) day of May, 1998 .
.klanna M Y80 """ Clerk
I CIty of SIal IloBCti" . . ,.
I " ".,
i ' Published In the S881' Beach Sun
$/2O/lI8. '.
I , . ~. '
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Dated at Seal Beach, CA,
this...z....c day of ~, 19~,
ilL- ~ -
Signature
PUBLICATION PROCESSED BY;
THE SUN NEWSPAPERS
216 Main Street
Seal Beach, CA 90740
(562) 430-7555 . (949) 759-7726
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