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Home My WebLink AboutCC Ord 1319 1990-11-13 I I I ORDINANCE NUMBER A1$ AN ORDINANCE OF THE CITY OF SEAL BEACH PROHIBITING THE ISSUANCE OF ANY PERMITS ALLOWING THE EXPANSION OF EXISTING NON-CONFORMING RESIDENTIAL STRUCTURES IN ACCORDANCE WITH SECTION 28-2407 .A. 2C i 1 OR SECTION 28- 2407.A.2.Cil AND DECLARING THE URGENCY THEREOF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY ORDAIN AS FOLLOWS: section 1. The City Council of the City of Seal Beach hereby finds that: (a) There has recently been a proliferation of applications for the expansion of existing nonconforming residential structures within the City. (b) The present provisions of the ~ do not allow for sufficient criteria and discretion in reviewing such applications. (c) The zoning ordinance presently lacks adequate land use controls to ensure the orderly development of such nonconforming structures. (d) The uncontrolled expansion of such structures in the absence of clear standards, criteria, level of discretion, and adequate review by the City Council is detrimental to the health safety and welfare. (e) The level of expansion currently allowed in accordance with the ~ could cause adverse impacts on the use, enjoyment and value of property within the city. In particular, the uncontrolled growth could have an adverse impact upon the City's limited parking resources. (f) Further uncontrolled expansion of existing nonconforming residential structures will cause adverse impacts on the use, enjoyment and value of property within the City. (g) Uncontrolled expansion of existing nonconforming residential structures that would conflict with future regulations would be detrimental to the welfare of the community. (h) The public peace, health, safety and welfare require that no further uncontrolled expansions of nonconforming residential structures proposed in accordance with section 28- 2407.A.2.(il or section 28-2407.A.2.Cil be constructed in the City until the City adopts adequate land use controls and mechanisms regulating such structures. (i) There is a current and immediate threat to the public health, safety and welfare and the issuance of building permits, minor plan reviews, conditional use permits or any other enti tlements for expansion of nonconforming residential structures would result in a threat to public health, safety and welfare. Ordinance Number ~/~ section 2. No building permits or other entitlements of use shall be issued which would permit the expansion or alteration of nonconforming residential structures in accordance with section 28-2407.A.2.Cil or Section 28-2407.A.2.Cil. section 3. Section 4 . section 5. Section 6 section 7. The City planning staff shall commence a study of proper standards and procedures for the review of requests for the expansion or alteration of nonconforming residential structures. Staff shall make a written report proposing clear and appropriate standards and procedures for the expansion and alteration of nonconforming residential structures to this Council. I This ordinance is hereby declared to be an emergency measure for preserving the public peace, health, safety and welfare and shall take effect immediately and shall remain in effect for forty-five (45) days unless it is extended or repealed by this City CounciL Notwithstanding Section 2 herein, the provisions of this ordinance.shall not apply to applications for Minor Plan Review previously approved by the Planning Commission and to the pending applications for the expansion of the existing structures located at 15 Cottonwood Lane, 601 Ocean Avenue and 123 Eighth Street. The City hereby sets a public hearing On this matter for December 10, 1990. The City Clerk shall notice such hearing as required by law. The city Clerk shall certify to the passage of this ordinance and shall cause the same to be published as required by law. I ~BD' ~ AND ADDPTED by the City Council o:;,~ City of Be~h .Jt a meeting thereof held on the , '::f - day of /14~~~ 1.,1990. ~ "'. fit/~) Mayor ....._ Gm,~ .::#" ~ SEAL II II. ;~o ....OO~:'l~~ # ~ ..,-oo.'OQ<IJ,,- C. ~u" 0-'" 1"4-0~o(s ~ . 0 ~o~ g~ ~...~o oe;e \~"''''''o. ~_..-fo"l. ~ ~/"p~ ....::o~~~~~ ''l'~OUN" "to I I I I I , STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF ORANGE ) Ordinance Number .~~ I, Joanne M. Yeo, City Clerk of the city of Seal Beach, California, do hereby certify tha~h foregoing ordinance is an or' nal copy or Ordinance Number on file in th~office of t~ ty CI rk, introduced at a eet ng held on the 3~ day of , 1990, and assed, approved and adopted by the 1ty counc~~Rf the city eal Be ch a meeting thereof held on the ~ day of , 1990, by the following vote: AYES: NOES: ABSENT: Councilmembers Councilmembers Councilmember and do hereby further certify that Ordinance Number jj/Q has been published pursuant to the Seal Beach City C~ and Resolution Number 2836. - Ordinance Number /..:1/9 , I . " 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 pri- nter of the SEAL BEACH JOURNAL a newspaper of general circulation, printed and published weekly in the City of Seal Beach, County of Orange and which newspaper has been adjudg- ed a newspaper of general circula- tion by the Superior Court of the County of Orange, State of Califor- nia, 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 sup- plement thereof on the following dates, to-wit: 1\..\ ~")i.\.Q ."b;.. \ .....- all in the year 1990. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Seal Beach, California, this .:2,)!.i day of' i[01;. 1990. (~ . 11.~ I - I'", ..... . l v........A.. \.. ',.I~ '. . .' J Signature l PUBLICATION PROCESSED BY: THE JOURNAL NEWSPAPERS 216 Main Street P.O. Box 755 Seal Beach, CA 90740 (213) 430-7555 / ." '.' ~ This space is for the County Clerk's Filing Stamp I /' .. Proof of Publication of 3!~~~S.~q~~S~I.~~~~~X,~~q~~~:q~ .j~.", IJ lih,l~() .l\I.j~)1ft-.' i ~ '; ,~P:. .1.319 SUMMARY . OrdInance Number 1319 . "Prohl&lung P8!mft I88uInce ExpIneIan 01 ExIBl1ng Nan-COnIormlng ResIde...... Slructure8 Urgency Ordinance Number 1319 01 tha ~ of Seal BeadI, pro/liIlItlg lhe issuance of any pennlls allowing lie expansion of exIslIng _ lormlng residential structures pending resoIu1Ion of cerlaIn gee. Ioglc/aelamlc COIIC8IIIS, was InIro- duced and adop1Ild as-an urgency ordinance a1l1e regular CiIV C0un- cil meeting of Ilcl'/9mber 13, 1990, by lie following vom: AYfS: FcxsyIhe, Haatnga. Hun!, I.JI8ZIo, WIIaon NOES: None - Mellon carried A pubic hearing on this maII8r Is hereby scheduled m be held a1lhe ragular City CouncP meeting 01 December 10, 1990. CopIes 91 OrdInance Number 1319 are avaJI.. able In 1he ofIIce of lhe CIIy CIertl, City Hall, 211-8111 Stree~ Saal Beach; leIephone (2t3)4;l1-2527. DATED T1iIS 14th day of Novem- ber, ~990. Joenne M. Yeo, ~ Clerk ~_ of Seal Beaph November 22.:,1990. NiIhed II iii SeeI Beach JoImal. I I. I