The URL can be used to link to this page

Home My WebLink AboutCC Ord 972 1975-08-11 I I I " . '. ORDINANCE NUMBER ~J1~ AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING VARIOUS SECTIONS OF CHAPTER 28 (ZONING) OF THE SEAL BEACH MUNICIPAL CODE CONCERNING SIDE YARD SETBACKS, PARKING REQUIREMENTS, PERMITTED USES IN THE R-G ZONE, FENCES, ABATEMENT, NOTICES, PERMANENT FILES, DATE OF GRANTING OR DENYING PERMITS, AND LIMITATIONS OF ARTICLES. THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: Section 1. The portion of paragraph (b) relating to side yards not abutti~g a street of subsection (2), Section 28--401, of the Municipal Code is revised to read as follows: District I District II District V 10% lot width; 5' 5' minimum required 3' Section 2. Subsection (5) is hereby added to Section 28--802, Parking Requirements, of the Municipal Code as follows: (5) Residential Board and Care Facilities: 1 for every 3 beds (b) side yard not abutting street Section 3. ,ihe following parking requirement is added to Section 28--1203 of the Municipal Code after "Day Nurseries" as follows: Offices not providing customer 1 for each 4 employees or services on the premises 1 for each 500 sq. ft. of floor area, whichever is greater Section 4. Paragraphs (e), (f), (g) and (h) of Subsection (4), Section 28--1403 of the Municipal Code are deleted and the following paragraphs (e) and (f) are added: (e) Hospitals 2 for each bed (f) Veterinary clinic 1 for each 200 sq. ft. of (out-patient) gross floor area or portion thereof Section 5. Subsection (7) is hereby added to Section 28--1900 of the Municipal Code as follows: (7) Nurseries for horticultural stock Section 6. Paragraph (d) is hereby added to Subsection (3) of Section 28--1901 of the Municipal Code as follows: (d) Nurseries for horticultural ' , 1 for each 2500 sq. ft. of stock lot area or portion thereof Section 7. Section 28--2300 of the Municipal Code is revised to read as follows: . The foregoing regulations pertaining to the aforementioned zones shall be subject to the general provisions,'conditions and exceptions contained in this article. I I I . Page Two -' Ordinance Number q1 ~ Section 8. Section 28--2316, Fences, Walls, Hedges and Screen Planting, of the Municipal Code is completely revised to read as follows: {l) General fence provisions. (a) In cases where a building holds a greater front setback than required by the district and zone, a six foot high fence, wall, hedge or screen planting may be located to the rear of the required front yard setback for living quarters at'the first-floor. (b) In cases where a building holds a greater rear setback than required off an alley, a six foot high fence, wall, hedge or screen planting may be located at the required rear yard setback for the first level for.the building. (c) Nothing in the fence provisions shall be construed to permit the location of any fence, wall, hedge or screen planting in violation of Sec. 28--2306 and Sec. 28--2307 of this Code. (d) No fence, wall, hedge or screen' planting may be located over or across a City utility easement without the approval of the City Engineer. (2) Common lot lines. A wall, fence, hedge, or screen planting not more 'than six feet in height may be located along or within one foot of the common line between the lots subject only to the lesser of the two restrictions applying to the two adjoining lots and buildings thereon as per the other paragraphs of this section. (3) Interior lots. On an interior lot or interior side of a corner lot a wall, fence, hedge or screen planting not more than six feet in height may be located to the rear of the front of the building immediately adjacent to and nearest the front property line. (4) Corner lots. On the street side of a corner lot a wall, fence. hedge, or screen planting not more than six feet in height may be located to the rear of the corner of the front of the building nearest to the side street. (5) Reverse corner lots. On a reverse corner lot a wall, fence, hedge or screen planting not more than six feet in height may be located to the rear of the front of the buiTding. (6) Rear yards abutting alleys. A wall, fence, hedge or screen planting not more than six feet in height may be located at the rear of the lot which abuts upon an alley provided said wall holds the same setback as the required first floor setback of the building at the alley. (7) Fences in the front yard. A wall, fence, hedge or screen planting not more than 42 :inches in height may be located between the building and the property line in the required front yard setback. Page Three - OrClinance Number q7~ I (8) Retaining walls. Where a retaining wall is located either on a property line or on the lot, a fence, wall, hedge or screen planting may be placed on the retaining wall of the same height that would otherwise be permitted at the location if no retaining wall existed. (9) Legally required fences. The provisions of this section shall not apply to fences required by State law to surround and enclose public utility installations. (10) Fence height. The height of a fence shall be the average height between pilasters or posts to the nearest full masonry unit to six feet or 42 inches. The height at the property line shall be measured from the owners side of the fence. A joint fence on the property line may be measured from either side of the fence. (11) Pool fences. The height of the fence enclosing a pool shall be measured on the opposite side of the fence from the pool'(i.e.; from the neighboring property). Section 9. Section 28--2405 of the Municipal Code is hereby amended to read as follows: I When any non-conforming condition exists in any zone, other than the non-conforming use of land where no structure is involved, the Planning Commission may, after a public hearing, fix a date upon which the non-conforming building was established. The Planning Commission may establish conditions and a time schedule for abatement of the non-conforming building or use. Section 10. Section 28--2509 of the Municipal Code is hereby amended to read as follows: The order of the Planning Commission on granting or denying a variance or conditional use permit shall be come final and effective in ten calendar days, unless within ten calendar days after notification an appeal in writing is filed with the City Council by either the applicant or an interested party. The filing of such appeal within such time limit shall stay the effective date of the order of the Planning Commission until such time as the City Council has acted upon the appeal as hereafter set forth in this chapter. The effective date of the order granting or denying a variance or conditional use permit which has been appealed shall be the date upon which the City Council takes its final action on the matter. I I Section 11. Section 28--2705, Notices, of the Municipal Code is hereby completely revised to read as follows: Notice of time and place of public hearings shall be given in the following manner: (1) Changes of zone request initiated by property owner, appeals, planned'unit developments'and unclassified use permits shall be by written notice published in a newspaper of general circulation and mailing written notice to all property owners within a three hundred foot radius of the property to be directly affected. This action shall take place not less than ten days before the hearing date. I I 1 , -- Page Four~- Ordinance Number ~J1~ (2) Amendments to the ordinance codified herein or changes to zoning districts shall be written notice published in,a newspaper of general circulation not'less than ten days before the hearing date. . (3) Variances, conditional use permits or tentative tract maps shall be by written notice mailed to all property owners within three hundred feet of the'property to be affected, not less than ten days before the hearing date. (4) Changes of zone initiated by the City shall require that the City notify the affected property owner(s) and publish in a newspaper of general circulation, not less than ten days before the hearing date. (5) Both such methods may be employed at the direction of the Planning Director. Section 12. Section 28--2710 of the Municipal Code shall be revised to read as follows: A summary of all pertinent testimony offered at public hearings held in connection with an application filed pursuant to this chapter and the names of persons testifying. shall be recorded and made a part of the permanent files of the case. The official approved minutes of the Planning Commission meeting shall fulfill this requirement. Section 13. The City Clerk shall certify to the passage of this ordinance by the City Council of the City of Seal Beach and shall cause the same to be published as required by law. PASSED, APPROVED and ADOPTED by the City CO~l)cil of the ~ of ~ Beach at a meeting thereof hel d on the / / ,l day of 9 N , 1975. ~ ~j!J~. ATTEST: ctd , , - Page Five ~ Ordinance Number ~ I STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF SEAL BEAC H ) I, Jerdys Weir, City Clerk of the City of Seal Beach and ex-officio clerk of theCity Council, do hereby certify tha he foregoing ordinance was introduced at a meeting held on ~~ 1975, and was adopted, passed, and approved by e Ci y Coury~ 0 the City ~ Seal Beach at a meeting thereof held on the ,1/~- day of ~9JUb-r , 1975, by the following vote: AYES: councilmembers4..Jf~ ~h.f~~~~d'~ NOES: councilmembers~ ' ' ABSENT: councilmembers~ '. , I J I