HomeMy WebLinkAboutCC AG PKT 2007-02-12 #H
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AGENDA REPORT
DATE:
February 12, 2007
TO: Honorable Mayor and City Council
THRU: John B. Bahorski, City Manager
FROM: Linda Devine, City Clerk
SUBJECT: Repeal Ordinance Number 1553
SUMMARY OF REOUEST
Adopt Ordinance Number 1555 entitled "AN ORDINANCE OF THE CITY OF SEAL BEACH
REPEALING ORDINANCE NUMBER 1553".
BACKGROUND
Upon certification of a qualified referendum petition, the City Council directed staff to draft the
ordinanCe/resolutions to call for a special election on Ordinance Number 1553, amending Seal
Beach Municipal Code Sections 28-701 and 28-801 to allow two stories and a maximum height
of 25 feet in the Residential Medium Density and Residential High Density, District 1 (Zone
Text Amendment 06-1). On January 22, 2007, Councilman Ybaben moved, to place an
ordinance to repeal Ordinance Number 1553 on the February 12th, 2007 council agenda (vote:
3-2).
FINANCIAL IMPACT
None
RECOMMENDATION
Adopt Ordinance Number 1555 to repeal Ordinance Number 1553.
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Li da Devine, City Clerk
Agenda Item H
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ORDINANCE NUMBER 1555
AN ORDINANCE OF THE CITY OF SEAL BEACH REPEALING
ORDINANCE NUMBER 1553
TIm CITY COUNCIL OF TIm CITY OF SEAL BEACH HEREBY ORDAINS
AS FOll.OWS:
Section I. FInding..
A. On October 8. 2006, the City Council adopted Ordinanoe Number 1553
('~he OrdInanoe") .mending Seal Beac:h Munioipal Code Section. 28-701 and 28-801 to
allow two stories and a maximum height of twenty-five feet in the Residential Medium
Den.ny and Residential High Density, Di.trict I (Zone Text Amendment 06-1).
B. The City publi.hed the Ordinance in ac:cordance with City Charter
(''Charter'') 11414.
C. Save Our Seal Beach, Ino. filed a referendum patltion, signed by more
than ten per cent of the City's registered voters, seeking to repeal the Ordinance or submit
it to a vote of the voter.. Chaner II 514 governs referenda and incorporates by referenoe
applioable provisions of the California Election Code.
D. Based upon its examination of the records of registration, the Orange
County Registrar of Voters has ascertained that the requiSite number of voters have
signed the petition. Accordingly, the Registrar has delivered to the City Clerk a
Certificate as to Verification of Signatures.
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E. Pursuant to Elections Code Section 9241, and upon certification of a
sufficient referendum petition, the City Council has the option to repeal Ordinance
Number 1553 rather than call for a special election.
F. All legal prerequisites to the adoption of this Ordinance have ocourred.
Section 2. Ordinance Number 1553, an Ordmance of the City of Seal Beach
entitled: "AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING
SECTIONS 28-701 AND 28-801 OF TIm MUNICIPAL CODE OF TIm CITY OF
SEAL BEACH TO ALLOW 2 STORIES AND A MAXIMUM HEIGHT OF 25 FEET
IN TIm RESIDENTIAL MEDIUM DENSITY AND RESIDENTIAL HIGH DENSITY,
DISTRICT 1 (ZONE TEXT AMENDMENT 06-1)" is hereby repealed.
Section 3. Severability. The Cny Counoil decla~ that should any
provision, section, paragraph, sentence, or word of this Ordinance be rendered or
declared invalid by any final court action in 8 court of competent jurisdiction, or by
reason of any preemptive legislation, the remaimng provisions, sections, paragraphs,
sentences and worda of this Ord1nance shall,remain in full fOlee and effect.
Section 4.
The City Clerk shall oertify to the adoption of this OrdlDance.
PASSED, APPROVED AND ADOPTED by the City Council of the Cily of Seal
Beach ala meeting thereof held on the 121h day of February, 2007.
Mayor
A TI'EST:
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CityCIer1<
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STATE OF CALIFORNIA I
COUNTY OF ORANGE I SS
CITY OF SEAL BEACH I
l, Linda Devine, City Clerk of the City of S..1 Beach, California, do hereby comfy that the
fotegoing Ordinance is an original copy of Ordinance Number~on file m the office of
the City Clerk, introduced ala meeting held on the 12th day of Februarv ,2007,
and passed, approved and adopted by the City CouncIl of the CIty of Seal Beach at a
meeting held on the _ day of , 2007 by the followmg vote:
AYES: Councilmembcni
NOES: COunci1mcmb....
ABSENT: Councilmembcni
ABSTAIN: Councilmember1
and do hereby further certify that Ordmance Number ~ has beon published PUr1uant
to the Seal Beach CIty Charter and Resolution Number 2836.
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City Clerk
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