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HomeMy WebLinkAboutCC Ord 1322 1991-01-28 I I I ORDINANCE NUMBER ~:2,z AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, AMENDING CHAPTER 28 OF THE CODE OF THE CITY OF SEAL BEACH TO ESTABLISH REVISED REGULATIONS GOVERNING COVERED ROOF ACCESS STAIRWELLS (ZTA 6-90) THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: Section 1. 2317 of Chapter 28 of amended as follows: Article 23. Subsection 3 of Section 28- the Code of the city of Seal Beach is hereby "(3) ExceDtions: Those listed as follows may be erected to a maximum height as follows: A. Chimneys - Two feet above roofline as per Uniform Building Code. B. Flagpole - Up to 20 feet (10 feet above roofline maximum). C. Antennae - Up to 10 feet above roofl1ne. Ground antennae to a maximum of 40 feet if located in the rear yard adjacent to the main structure." Sect:.ion 2. 2317 of Chapter 28 of amended as follows: Article 23. Subsection 4 of Section 28- the Code of the City of Seal Beach is hereby .. (4) Heiaht Variation For Non-Habitable Architectural Features. A. Scope: Non-habitable architectural features, such as spires, towers, cupolas, belfries, monuments, parapets (not required by Uniform Building Code), domes and covered stairwells 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. B. Procedure: (1) Any person desiring to apply for a Minor Heiqht Variation Permi t shall complete and fill out and submit an application, required plans and property owners list to the Director of Planning together with payment of the minor plan review fee 14 days prior to the Planning Commission meeting. (2) Notice of the application for a minor height variation shall be given to all property owners wi thin 300 feet of the exterior boundaries of the property. C. Review: (1) The Planning Commission may at a scheduled public hearinq approve or disapprove such application, subject to any conditions deemed appropriate. In reviewing an arpl1cation, the planning commission shall consider the following criteria and make findings thereon: Ordinance Number I'~~~ (a) Whether such variation is appropriate for the architectural style of the building. (i) Whether all roofing materials of a covered stairwell to an open roof deck are in substantial conformity with the roofing materials of the remainder of the structure. (ii) Whether a covered stairwell to an open roof deck is located along peripheral exterior walls of the structure. I (iii) Whether a covered stairwell to an open roof deck is limited to the minimum area, both horizontally and vertically, necessary to cover the stairwell. (b) Whether such variation is appropriate for the character and integrity of the neighborhood. (c) Whether such variation significantly impairs the primary view from any property located within 300 feet. (d) Detailed and complete plans for the proposed work. (2) The decision of the planning Commission I may be appealed to the city Council, which in order to grant a permit, must consider the criteria set forth in this section. (3) Anyone appealing a decision of the Planning Commission must file a written request, together with the appeal fee within 15 calendar days after the decision is made." to, section 3. Article 24. Paragraph ~ 9!j Subsection (A) of Section 28-2407 of Chapter 28 of the Code of the citv of Seal Beach is hereby added to read: v (a) Structural Alterations. Enlaraements Or EXDansions to non-conforming residential , buildings and uses which are nonconforming only due to the existence of a covered stairwell to an open roof deck which exceeds the property's height limit may be approved by the Director of Development Services, subject to the following: (i) All enlargements or expansions shall I comply with existing zoning and building standards, including height requirements. (ii) The existing covered stairwell shall: a) be in substantial conformity the roofing materials of remainder of the structure; with the b) shall not be located along peripheral exterior walls of the structure: and .' I I I Ordinarlce Number 8-z..z. c) shall be limited to the minimum area, both horizontally and vertically, necessary to cover the stairwell. (iii) For a period of one (1) year after the adoption of this ordinance, the Director of Development Services shall publish monthly, and list in the Agenda for the first meeting of the Planning Commission for that month, the addresses of all properties on which an existing covered roof access stairwell (CRAS) has been determined by the Director to be in compliance with the ex~sting codes. (b) Amortization Period. A covered stairwell to an open roof deck which does not conform to the requirements of this section but which lawfully existed On the effective date of this ordinance shall, within one year, be removed, made to conform or the property owner shall apply for and obtain a Minor Height variation pursuant to !i28-2317(D) of this Chapter, In addition to it's authority pursuant to Section 28-2317(c), the Planning Commission may fix a date upon which the nonconforming structure was established and determine conditions and time limits for abatement. During the interim period, said nonconforming covered stairwell shall be maintained in good repair and visual appearance and no structural alteration be made thereto." Section 4. Ordinance No, 1308 is hereby repealed P S D, APPROVED AND ADOPTED by the City Council ~~stlhe city of Seal Beach at a meeting ~hereof held on the ~ - day of , 1991. '" ~ c(2/~L Mayor City of Seal Beach Beach ml~ '::--O't SEAL II ~ fi:"4~g;"3~~c:s,~~ 1~/l~~\o(s ~og g q( z,..:o 0.:"'1 \ ~...').o ..": l~ ~'h.Q~".:'. 27, ''t...~o; ""I" "0.....00 c.t>\;-=' \\\~~rt q~~"" .- ,Ordinance Number /3;2.2. STATE OF CALIFORNIA) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) I, Joanne M. Yeo, City Clerk of the City of Seal Beach, California, I do hereby certify that the foregoing Ordinance is an original copy of Ordinance Number I~on file in the office of the city Clerk, int~duced at a meeting held on the /a!!L day of Of/IJI".a-"t tJ.."J _,~, 90, and passed, approved and adopted by the City_~~ncil of bne ity of Seal Beach at a meeting held on the ~~ day of , 991 by the following vote: AYES: council ers ~ -. ~ , NOES: councilmembers ABSTAIN: Councilmembers and do hereby further certify that Ordinance Number /~",2:Z has been published pursuant to the Seal Beach City Charter and Resolution Number 2836, I I I I 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: ....y\ D~ .Q., \-<'0. \.1..L-l ;) (i' all in the year 192Q. I cert~fy (or declare) under penalty of perJury that the foregoing is true and correct. Dated at Seal Beach, California, _" c.,' "/1 this.z.. day of l..-~Ii 1990. C,-\",\ti~ Gv...",...) J Signature PUBLICATION PROCESSED BY: THE JOURNAL NEWSPAPERS 216 Main Street P.O. Box 755 Seal Beach, CA 90740 (213) 430-7555 Ordinance Number ,1~-z~ This space is for the County Clerk's Filing Stamp Proof of Publication of P!tt~~I.C: .~q~I.~Eh~"1q~i.q )!eta..x:i.n.<i . . . . .L L~\'\\'''''~ --(.,.;x.+ 1;, ,..f. .::1- J. .c . (;. . . . .~~. . . . . . . . l,1.,~~\'('t'-" ~}!~ ';'. . .1'. -,l> , ~~ NOTICE OF PUBUC HEARING : Applcant ~NahcE IS HEREBY GIVEN 1haI : CIIy 01 SealIleach . rtha'CIIy CouncIl 01.. CIIy 01 Seal: - -,: ., ' : Be~ wID hold. p~ ~;1 Al1I1e,above time and placa all ','Monday, aecembei 10; '1990 ~llnlilraslllil JIIlSClIII may be'haanll !i7:oo p,m, In 1I1e 'City Counbl!l ~ desired. 'If you challenge the I Chambers, 211 Bghth Shel,' SiaJ I,pioposed acIclIIS In COII\ you may Beach, CaJIIamla, to consider the rbit IIml18d to railing only 1I1oee following "'m: '1Sues yau << 1IOIII8ClIit' alBa rIIsid I aI the pubic headng dllBcrlbad In ~ TEXI' AMENDMENT 6-90 :'~ nolce, or In wrI1IIn CDII\ooflO1~ COVERED, ROOF-ACCESS ' dance deIIvwed to" CIIy of Seal STRUCTURES ! Beach at, or p~lor 10, 1I1e pubDc , '-lng, Request Delellon 01 Paragraph (d) 01 Sub- DATED nlls 26ih day 01 Novem. i section (3) 01 SectIon 28-2317 01 ber,199O, t "e Code of lie CIlv' of SeeI -h' , ! which permIIB coveraCI s1aIrweIIs 10 . Jeanne Yeo, cay c1iik , an open roof deck to exceed 1he ' CIIy 01 SealIleach t1leighllml1; and to amend SUbBec.j' . , lion (4) 01 SectIon 28.2317 and I ~ 29. 1990. . SectIon 28-2307 01 the ~ to rlil'llllnil~" SealIleach JcumaI. \ pI'OYide specltIc pRivlBlon& lor the ,,-, ", ., ,.." fuli!re conltruction of covered, , roof.ace"l B1ruclUrll within 1he , , CIIy, .. ErMronmenl81 RevIew: ! lhlB JlIllIeclIs caIIgarIcaIIy -pt "rom CEQA review (California Admlnlllra\fve Code Secllon 15305), Code lle<:tiln: '28-2317, 28-2407, ~(2) Ordinance Number J'~~~ , 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: I" ~v.R Ull'\Y-..\ ;JC\ all in the year 19~, I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Seal Beach, California, ,- ") " d l.> day of 1~/j:( (, J_I ' L J-n~~';at~~~c"''''J PUBLICATION PROCESSED BY: THE JOURNAL NEWSPAPERS 216 Main Street P.O. Box 755 Seal Beach, CA 90740 (213) 430-7555 this 1990. This space is for the County Clerk's Filing Stamp I Proof of Publication of ~q~~~~.~q~~~~~~~~~~~.q~~~~~~~~ . . . . . . . . . . . .~.l ;J. ;.~. . . . . . . . . . . SUMIIARY ORDIIlANCE NUMBER 1322 COVERED ROOF ACCESS STAIRWELLS Ordinance Number 1322 01 the, , City 01 Seal Baach, establishes ~ revised !89U1aIlons governing CI1V- \ erecI 100I_ s1DWeIls end ani amorllzation pirlod lor open rool\ decks thai do no! conform to the revised regulations, Ordinance I Number 1322 w~ Introduced all -1Ile regular CIty CouncD meeIIng I of December 10, 1990 end fiist! readlllQ _ appRlV8Cl by th8 foI. : ,"--=vota: ----- ~!lII I AYES: Forsy1he, Has1Ings, ~ Laszlo ,:N::: 'f ' ABSENT: WDaon i MoIiOII carried Ordinance Number 1322 will receive second reading and, be consldered 101 adaption a\ ... !89" ular CIIy CouncD mee1lng of Jan- uary 14, 1991, Copies olOrdl- nance ~mber 1322 are available In the o1IIce of the CIty Clerk, CIty Hall, 211.8lh Slree~ Seal ae&ch; 1elephone (213)431-25'0. DATED lHlS 11th day of Decem. ber, 1990. Joa/IIl8 M. Yeo, CIty Clerk CIty 01 Seal Beach December 20, 1990, F\AiShIId n bSeelIlall:hJallnlll. I I I 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 printer of the SEAL ~!:ACH JOURNAL, 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 ot general circulation by the Superior Court of the County of Orange, State of California, under the date of 2/24n5. 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 dated, to-wit: ...;.:-\ _.t..b..'\M...a..'I."I . -J fJ all In the year 19..iL I certify (or declare) under penalty of perjury that the foregoing Is true and correct. Dated at Seal Beach, California, this l day of ::-It.'l-) ,19.ll.., (' \ -', ..... ....L,L..,........ I' I L......;".~\+t\...\..t.~ ;.) iJ Signature PUBLICATION PROCESSED BY: THE JOURNAL NEWSPAPERS 216 Main Street P.O. Box 755 Seal Beach, CA 90740 (213)430-7555 Ordinance Number ~~ This space for for the County Clerk's Filing Stamp Proof of Publication of PUBLIC NOTICE/Summary Ordinance ............................ . /' ,~r L .... ;l,c 1.\ .,,"\11.\:\ (, :'\[ L,I(.(,il(:', /I.,'D. ) 5;>.:<. ....... . . . .0. . . . . ~j. .\...,. . . . . . . . . . . . . . SUMMARY 0RIlIlANCE 1UlBER13'l2 I'Y'aIaSft DtY'lII' AI'IIf"CaCt . Rftl:llla I R Ordinance Number 1322 of the City of Seal Beach, establishes revtsed I8gllIaIIonB ga;errmg cay. ered rooIlICC8lIB B1Uwe1s end en emortizallon period lor open roqf decks thel do not conform 10 the revised regulations. Ordinance Number t322 receIVed sacond reading and was adopted by the CIty CouncD sl the rag_ meefng I 1IIeraof held 011 the 28111 day of January, 1991 by 1IIe following YOf8: AYES: Forsythe, HasIngB, Laszlo NOES: None ABSTAIN: Hunt, WUIIon Motilln canIed , Copies of Ordinance Number 1322 ! are available at the oftlce of the , City Clerk, City Hall, 21t-8th. Street, Seal Beach; telephone (213)43t.2527. DATED THIS 29th day 01 January, 1991. Joanne M. Yeo, cay Clerk CIty 01 Seal Beach February 7, 1991. NlIshed n" Seal Beach Joumal.