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HomeMy WebLinkAboutCC Ord 1217 1986-03-24 I I I ORDIXA~CE NUMBER _~~~~_ A~ ORDI~ANCE OF THE CITY OF SEAL BEACH APPROVING AX A~ENDMENT TO THE MUNICIPAL CODE IN ORDER TO REGULATE THE USE OF ~ODULAR UNITS. TEMPORARY STRUCTURES AND TRAILERS THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY ORDAIN AS FOLLOWS: ~!~!!~~_!: That Section 28-279.1 is hereby added to Article 2. Chapter 28 of the Code of the City of Seal Beach, California. and is to read as follows: ~!~!!~n_g~=g!~~!_=_!!!2~r!r!_~y!!~!~g! Any temporary building. trailer. coach. mobile home or modular structure of temporary nature, This shall not include those used as residences within a state authorized trailer park or mobile home park or modular units constructed on a permanent foundation in residential districts as permanent dwellings. ~!~!!~~-g: That Section 28-400(81 is hereby deleted and Sections 28-400(9) and 28-400(10) are hereby renumbered to 28-400(81 and 28-400(9) respectfully, ~!~!!~~-~: That Section 1200(91(c) is hereby deleted and Section 28-1200(91Idl is hereby renumbered to 28- 1200(9)(cl. ~!~!!~~_!: That Section 28-2320 is hereby added to Article 2~ of Chapter 28 of the Code of the City of Seal Beach. California is to read as follows: (A) ~Yr2Q!!: The intent and purpose of this Section is to establish procedures whereby the Planning Commission may approve reasonable requests for interim or temporary uses of land or buildings through the adoption of a Plan Review when said uses are consistent with the City's General Plan and the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood and not violative of any other ordinances and regulations of the City, (B) ~22rQ!!!_!~~_~!r!!!!_R!gY!r!~: It shall be unlawful for any person or entity to place, use or occupy any trailer, coach, mobile home or modular structure of a temporary nature for residential, commercial or industrial use upon any public or private land without the following: 1 . Approval to install modular units temporary buildings and trailers by the Planning Commission through the adoption of a Plan Review pursuant to the City's zoning and land use regulations of the zoning ordinance. 2 . A building permit, ICI ~!r!!!!!~_~!!!: The Planning Commission may approve the temporary uses of trailers and/or modular structures through the adoption of a Plan Review only when permanent facilities are being constructed or remodeled in accordance with applicable codes. Ordinance Number~~/~ 1 . q!n!t!!_~t2~i!i2n!: Approval shall be limited to a maximum of one year. However. upon request by the applicant. an extension may be granted by the Director. only if evidence is provided that extraordinary circumstances exist which prevent the completion of the permanent facilities within the original one year time period, or if permanent facilities are near completion, A decision by the Planning Commission to deny a request for an extension may be appealed to the City Council through appeal procedures established by this code. 2. ~2!~iri~_~t2~i!i2n!: a, H!!!_g!l!l!_~ltY~lyt!!: One temporary real estate structure may be permitted in any new subdivision or development in any zone for a period of one year from the date of issuance of a building permit in conjunction with the construction of the subdivision or development through the adoption of a Plan Review. An extension may be approved not to exceed one additional year. b. !!!22t!t!_~2n!!tYQli2n_~!tY~!Yt!!: Temporary construction structures may be permitted by the Planning Commission through adoption of a Plan Review during the construction of a project for a period not to exceed one year from the date of issuance of a building permit in conjunction with construction of the project. An extension may be approved not to exceed one additional year, c, ~i!i!!t_I!~22t!t!_~!tY~!Yt!!: Similar temporary uses may be permitted when determined by the Planning Commission to be consistent with the provisions of this Chapter and the General Plan. (OJ A!2tli!!!i2n_~!ti2~: Modular units. temporary buildings and trailers which do not conform to this section but which lawfully existed and were maintained on the effective date of this ordinance shall, within one III year, be removed or brought into conformance with this section. During the interim period. said modular units. temporary buildings and trailers shall be maintained in good repair and visual appearance and no structural alteration be made thereto. unless to preserve the safety of the structure. ( E I ~t2Q!~Yt!: 1. Request for a Plan Review for temporary facilities shall be submitted to the Development Services Department. Said request shall be accompanied by a fully~dimensioned. scaled plot plan of the entire property showing all existing structures and uses and the proposed location of the temporary facilities. Detail information to be shown on the plot plan shall include: Property line dimensions: setback dimensions: distances between buildings: location and design of parking facilities: and such other detail information as may be required to properly evaluate the request. I I I I I I Ordinance Number /.:2/1 2. Applications shall be made to the Department of Development Services accompanied by a filing fee for processing the request for a Plan Review. 3. A cash deposit shall be posted with the City of Seal Beach to guarantee removal of any temporary structure permitted under this provision. The amount of said deposit shall be determined based on an actual bid as determined by licensed contractor. provided by the applicant. for removal of said structure. (FI ~nl2t~~~~n!: 1. Every temporary structure shall be maintained in good condition and in accordance with all require- ments of this section. 2. ~o additions, changes. or modifications shall be made to said structures unless such an addition, change or modification is in conformity with the Building Code or this article. 3, Failure to abide by and faithfully comply with this section or with any and all conditions that may be imposed shall constitute grounds for the revocation of the approval of the Plan Review by the Planning Commission. The remedies provided for herein shall be cumulative with all other remedies provided in this code and not exclusive. ~~~!12n_~: If any section. subsection, sentence. clause. phrase. part of portion of this ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction. such decision shall not affect the validity of the remaining portion of the Ordinance. The City Council declares that it would have adopted this Ordinance and section, subsection. sentence. clause, phrase, part or portion thereon irrespective of the fact that anyone or more sections. subsections. clauses. phrases. parts or portions be declared invalid or unconstitutional. ~~~!12n_~: The City Council shall certify to the passage of this Ordinance and cause the same to be pUblished as required by law and same shall take effect as provided by law, PASSED. APPROVED AX ~:~~~:hda~a~~f:r_ BY THE City Council of the City of regular meeting thereof held on the . 1986. __C\.. "1 · ,_a...~_8 ~________ Mayor' ~) Ordinance Number/..2/7 STATE OF CALIFOR~IA CO~~TY OF ORA~GE SS CITY OF SEAL BEACH I. Joanne M, Yeo. City Clerk of the City of Seal Beach. I California. do hereby certify that the f~egoing ordinance is the original copy of ordin~~umber _~~L_I___ on file in the officeJpf the City Cler . intro~ced at a meeting held on the ~~ day of ~_, 1986. and passed. ap r ed, and adopted tiy the City ouncil of ~~ City of Seal ~.: ~:::~- ~h::::~ :;t,1:' ,::~~t~!W~ :f~ -f 1- AYES: councilmembe~~ 7'--Y'.z;~~ __ ~ ~OES: Councllmembers ABSE~T: Councilmembers and do hereby further certify that Ordinance ~umber ~~~~__ been published pursu~~~;o the Seal Beach City Charter and Resolution Xumber _~__' has _ ~~?JJ lerk I I Ordinance Number 1'.2/;7 . PROOF OF PUBLICATION (2015.5 C.C. P.) " I STATE OF CALIFORNIA, County of Orange I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years. and not a party to or Interested In the above.entltled matter. I am the principal clerk of the printer of the SEAL B:';ACII JOUllKAJ.. .................................................... .................................................... a newspaper of general circulation, printed and published ..~~~J<:~X....................... Seal Beach In the City of ................................._ County of Orange, and which news. paper has been adjudged a newspaper of general circulation by the Superior Court of the County of Orange, State of California.underthedateof..P.~~~.. 19 .~~, I Case Number .At!~~~~......; 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: February 26th, .................................................... all in the year 19..611. I certify (or declare) under penalty of . perlury that the foregoing is true and correct . Dated at Seal lleach ......................................... I Frn coples.f fhls bl.nlc 'orm nt.y be securecl 'rem: CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Clearing House 120 Wesl Second 51',. Los Angeles, Calif. 90012 Telephone: /2131625.2541 Pie.,. rellUH' OE N E R AL I'toGf.f Pu_UutlO" wften .rder'nll 'tlls form. This space Is for the County Clerk's Filing Stamp Proof of Publication of NOTICE CF PL:BLIC m;,\ItBG .......................................................... ZO?o.J!\G TEX1' A~:J'1';1):,:bJ\1. - ZTA 11-85 .......................................................... Paste Clipping of Notice SECURELY In This Space f IIOTICE OF"-c ~ fNOTlCE IS HEREBY GIVfIII a.i the ~CI\Y 01 SoIl _ CI\Y Calncll will r."CIII'KI&d. public '-riAl en 1IandIy, _ 10, 1916117.00 ..m, In C", COuncil Chomllols. 211 IIItI Shot, SooI-.CA.m_h_ ... ....-, ZOII.e TUI' ..... IT .. , DA 11.- A Rolpob 10 _d h SuI _h t Ilunldpol Code In _10_.. ~ .... __ 01. Oondltianol U. . ...... prior 10 .......... h _ ~. Bf TIII'IpDrII)' Bulldl... Tl'l1I1trI ...__Unlll_inhCI\Y, Enwlronmenul Review: NeptiYI DecIamJon 13-85 his been pllpllWCfln-liluollllErMIOmIIIn- .rtol~~ , AoPi- CI\Y 01 SooI _h r,DaTED \llIs 21t1 "" 01 ......." ;>. ,1986, _11,_ DfrectDr 01 DBuI-......l !iervIces Cl\YoISoII_ ......, 26, 1986, __In" SooI_ ......1, ~ ~! Ordi nance Number /.:2./7 , PROOF OF PUBLICATION 12015.5 C.C.P.) STATE OF CALIFORNIA. County of Orange I am a citizen of the United States 'and a resident of the County aforesaid; I am over the age of eighteen years. and not a party to or Interested in the above-entitled matter. I am the principal clerk of the printer of the SEAL BeacH JOURNAL .................................................... .................................................... a newspaper of general circulation. printed weekly and published.................................. . , Seal Beach In the City of .................................. County of Orange, and which news. paper has been adjudged a newspaper of general circulation by the Superior Court of the County of Orange, State of California, under thedateof..~~?~., 19 .~?. A82563 Case Number ...... ..........; thatthe 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: ~larch 19th, .................................................... I 86 ' al In the year 19...... I certify (or declare,) under penalty of perjury that the foregoing Is true and correct . Dated at ..~~.~~..~~~~~~....................... 27~ ~larch 86 call~t[lthittrr. day of........, 19..... .....l9/U'/~1;~ig . tu~~~................ Fr.. c......f ItUs 1I'.nll: form "'., 1M ..cu,ed lrom I CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Clearing House 120 West Second S'~, Los Angeles, Calif, 90012 Telephone: 12131625.2541 1II'...e r.,UI.' GE NEA AL Proof of Putlllc.tlOII when ordltrln,'hl. fo,m. . This space Is for the County Clerk's Filing Stamp I Proof of Publication of SIDik.\,-n- - OrmnAKCE Nu;.lDjo~R 1217 - 11-85 .......................................................... 'l'~:rOlL\HY BUILDINGS, TRAILERS" STm!CTU~,:::S .......................................................... Paste Clipping of Noll ce SECURELY In This Space SUMMARY. ORDINANCE NUMBER 1217 e ZTA 11__ TEMPORARY BUILDINGS, TIlALERS, ST1IUCTURES Ordinance Number 1217 of the City rl Seal Beach. rqulatln. the U!18 of modular units, temporary structures '" and trailers, was Introduced at the regular City Cooncli meetln. of Math 10, 1986. First reach.. of Ordinance Number 1217 was IPIJfO'Il!d by the follow In. vote. AYES. Brownell, Clift, G....s. . RIsner. Wilson . NOES: None Motion eamed Ordinance Number 1217 Will receive second reacllna; and be conSidered for adoption at the ,..,1. City Council meet!nlof March 24, 1986. Copies of Ordinance Number 1217 ...ailabll In the office of the City Clerk. City Hall, 211 . Bth Street, Seal Beachl telephone (213) 431.2527. DATED THIS 14th day of March. 1986, Joanne M. Yea. City Clerk City of Seal Beach March 19. 1986 Published In the SuI Bach ~um.l. I I I I I Ordinance Number /.2/7 , PROOF OF PUBLICA liON (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 aforesaid: I am over the age of eighteen ye"rs. and not a party to or Interested In the above-entltled matter. I am the principal clerk of the printer of the SEAL BEACH JOURNAL .................................................... .................................................... a newspaper of general circulation, printed and published ..~~!.~~.~....................... in the City of .................................. County of Orange. and which news- paper has been adjudged a newspatter of general circulation by the Superior Court of the County of Orange, State of California. under the date of.P.ll~...., 19 J'I7. . Case Number ..~!l.~:>.~i5...,..: that the notice, of which the annexed is a printed copy (set in type nof'smaller than nonpareil), has bee" published in each regular and entire issue of said newspaper and not In any supplement thereof on the following dates, to.wlt: ...........~~~~.~..~~~............................ all in the year 19..~~. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at. !'.~,.~ ..q'J!~.I]........... .......... ..... m:.. lire. ceoI.. of '''Is b..nll form nt.y be ..cured from = CALIFORNIA NEWSPAPER SERVICE BUREAU. INC. Legal Advertising Clearing House 120 West Second St,. Los Angeles, Calif. 90012 Telephone: 12131 625-2541 fI'.... r"uII' oa Ne RAl Pteo,.f PUbliCI"." wft.n ord.rln. thll to,,,,. This space is for the County Clerk's Filing Stamp Proof of Publication of SUk\!AHY ..............................................~........... OIl1lIXAXCl~ KIDEII'.H 1217 .......................................................... Paste Clipping of Notice SECURELY In This Space -,._- ~NII_ 1217 __ AN I~TDTHIIlUIICIPAL CODE IN ORDER TO ~TE 'TIE U8E OF IIOOULAN UNITS. _ ITIlIICTIIIIElI AND TtlM.ERlI :_n""",_1217.",,"0I)00l '1u18elch. IppnIlIl"IIn ImII1dment t to the MunlClpll Code In order to . IllUIItI thlltSe at rnockI. units, tern. .pII"IfY stTuctu_..d b'lllerll'lC8ived _iud;.. ond _ -"'<Ill tile CI"IIUIar City 'Councll meetm. of Mach .24. 1986 br tho fDllowinl ",,", AYES: Brownell, Clift. Grps. ~. RIIMI'. Wilson NOES. None Motion C8ITled _oIOfthn_NumberI217.. ....I_lntMofftcoaltMCltrCIorIl. C'Ir Kill. 211 ' 8th StJool, SaaI -_, ...........12131431-2527. DATED THIS 28th .... of U...h. 1986. ' ......ne M. Yea, CIQ Oerk ,CtlrofSul_ I April. 2. 1986 . . Published In the Sui Belch Joum.1