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HomeMy WebLinkAboutCC Ord 743 1968-02-19 ." - ,ORDINANCE NO. 713 1"1" :::-:JPY AN' ORDINANCE OF THE CITY OF SEAL BEACH RELATING '~ToiTHE PROTECTION OF RIGHTS-OF-WAY ,FOR PROPOSED 0.-,~ICi: SThET WIDENINGS AND THE OPENING OF MAPPED ' C~EETS, AMENDING THE CODE QF THE-CITY' OF SEAL BEACH BY THE ADDITION OF CHAPTER llAi "MAPPED STREETS." ...':,Il.l (1'_ d"",' ',' 1" TrJi:: Cj Ct ":;"l::i,,,..J I THE CITY COUNCIL OF THE- CITY OF SEAL BEACH DOES ORDAIN'AS FOLLOWS: Section I. The City Code of the City of Seal Beach is hereby amended by the addition of ,Chapter llA "Mapped Streets." The contents of said Chapter llA shall be as follows: Sec. llA-l. Definitions For the purpose of this ordinance the following terms, phrases, words and their derivations shall have the primary meanings given herein. (a) APPLICANT shall mean any person applying for a ~uilding permit within this City; (b) BUILDING LINE shall mean that certain line established by the City Council as herein provided. Within the area of a lot between such building line and an abutting street right-of-way, no structure shall be erected, constructed or maintained except as set forthlOherein. I (c) BUILDING SETBACK AREA shall mean the area of. a lot between the building line and abutting street right-of-way, extending the full width of such lot. (d) GENDER.,- any gender includes the other gender. (e) GENERAL PLAN shall mean a General Plan or Precise Plan approved by the City Council in accordance with applicable State Law. (f) LOT shall mean any lot, parcel or other real property situated within the City. (g) MAPPED STREET shall mean a future street which is laid out and delineated on the General. Plan of the City, and on a map of such size, scale and detail that the precise alignment of such street is ascertainable. (h) NOTICE OF APPEAL shall mean a written statement, filed on a prescribed form, appealing to the City Council, an action or decision of the Planning Commission. hereunder. (i) NOTICE, WRITTEN shall mean wrttten notice deposited by United States mail, postage prepaid, addressed to the last known address'of the designated addressee~, , (j) OWNER shall mean any person entitled to the use or possession of real property. I (k) PERSON shall mean any person, firm, partnership, association, corporation, company or organization of any kind, including public agencies. (1) SHALL and MAY mean mandatory and permissive, respectively. (m) SINGULAR and PLURAL - the singular includes ;he plural; and the plural, the singular. ~. r , " '1-..:, I I I :' Ordina,hce ~umber ., " ~ . ", '~ " .' (u) 'STREET shali mean any street, highway, avenue, boulevard, road, walk, alley, right-of-way, lane, place, square or other,public way which heretofore has been, or may hereafter be dedicated or otherWise acquired by .this city or other governmental agency for public,stree,t purposes. (0) STRUCTURE and BUILDING are synonymous and shall mean anyth~ng constructed or erected from an assembly of materials or component parts and which is attached, or ,affixed to realty or which is ii1tended,to rest other than temporarily thereupon, or which is attached to something havi~g a fixed location on or below the ground. (p) TENSES ~ The present ,tense includes the past and future tense~, and, where applicable, vice versa. (q) WORDS and PHRASES - words and phrases used, in this not specifically defined, shall be construed according to the customary usage. ordinance, and context and , Sec. llA-2. Building 'Lines. Where a lot abuts public street, a building line is hereby established on said lot parallel to the lot line thereof and located, measured from the existinl; center of said street a distance equal to th required depth of the yard of said lot (as prescribed by the Zoning Ordinance), plus a distance equal to one-half (1:1) of, the ,ultimate width of said abutting street as sue!) ,ultimate width ,is shown on the General Plan. Sec. IlA-3. Protection of Ri!\hts-of-Way for Future Widenin!\ of Existing Streets and for Mapped'Streets (a) Establishment of Future Streets. .' In accordance with applicable provisions of State Law, the City Council may designate'and delineate mapped streets and,make the same as part of the General Plan. " When any ,such mapped street has been so established, no person shall construct, install or maintain any structure within the right-of-way thereof, except as hereinafter, specifically provided., (~)" Building Lines on Partially Dedicated Streets. With regard to lots abutting a street or streets'upon which there has been a previous determination by ,~he Planning Commission and City Council that only a portion of the ultimate street width has been' acquired, the'City Council' sha~l determine the precise ultimate street width and shall adopt the same as a mapped street on the General Plan, and thereafter such :alignment shall be the basis for the establishment of a building line, as provided in Section l1A-2 hereof. (c) Proceedings for 'Designation of Mapped Streets.' Proceedings for amendment of the General Plan oy the deSignation of 'mapped streets for proposed widenings along any existing street or portion thereof or for any ,future street, may be initiated by the Planning Commission, by the 'C{ty Council, or by any person filinga,pet1t,ion therefore with the Planning Commission. The Planning Commission shall thereupon process the . matter as an amentmerit to the General Plan. 1 '. ; " ~c . '" I " Upon 'receivlng'such.recommendation of the Planning Commission and' whenever the public peace.. health, safety, interest or welfare is, found to so ,require, the'City ,Cou~cirm~y establish the,p'rop,osed width of such street or streets, and the alignment:of such future streets, and thereupon shall cause .... , '. .., . , the Gen~ral Plan to 'be amended accordingly; '~s provided by. State Law. ,. (' .. ~\ ~ T ~ . }, "'I .'", t,,> ~ .' I I , I ~.. ': Ordinance Number , ",- , " " Sec. llA-Ii~' Building Permits ~ Restrictions .. , " No building ,permit ~hall be issued for construction of any structure in any building setback area, or in the right-of-way of 'any mapped street. ,Temporary structures 'such"as walls, fences; signs or other easily removable ' structures, involving a cost of ' not to exceed one thousand dollars ($1,000.00); may be permitted in such areas. Sec. llA-S.' Administrative Relief (a) Hearings Any applicant aggrieved by the denial or conditional approval of a building permit pursuant, to the foregoing Section may be written notice request a hearing on such matter, before the Planning Commission. The Planning Commi~sion shall, thereupon and within forth (40) days the~eafter, hold a hearing at which the applicant and other interested persons shall be given the opportunity to be heard at least ten (10) days prior to the date fixed for the hearing, the Planning Commission shall ca~se notice of the time and place thereof to be mailed by' certified mail to the: applicant and to any other person requesting such 'notice. I (1) requested be true: The Planning Commission shall direct the ,issuance of the building permit, if it finds' either of the following facts to (A) That, the denial of the building permit, because'of the nature of the land or other unique circumstances, will ca~se' , substantial'damage to the applicant; or (B) Th~t, in balancing the interest of the'~ntegrity of mapped streets against the owner of the land in, using'his,proper~y, it issuance of ' the building permit is required justice and equity. 'the public in pres~rving private interest' of the is determined that in the interests of " (2) reques ted, be true:' The Planning Commission shall, not direct ,the issuance of the building permit, if it finds either of the following facts to .' ;.,' (A) That, the applicant will not 'be substantially 'damaged by relocating the proposed structure 'on the lot elsewhere than in the, building setback area, or in the mapped street; or,' , ' ',(B) 'That, in balancing the interest of the public ~tld preserving 'the integrity of mapped streets against the, private interest of the owner'.of the land' in using his property, the resulting loss and' disadvantag~ to the public would be unreasonable and disproportionate to,the private benefits the owner would accrue ,from, so ,using the, " property. (3) The Planning Commission may attach reasonable conditions to its decision. (4) The applic;mt shall be given written of .- the"action ,taken notice by the Planning Commission. , (b) Appe~ls " f " Any'person dissatisified with the decision of the Planning Co~~issio~ may appeal'such decision to the City Council'by filing a written notice of appeal with the City Clerk, within ten' (10) days afte~ the date of the ,mailing, of the notice of the decision of the Pianning Commission. 'The City Council ,,' , -,-", , ' " , j " ~ ~ t. d; , ! I' , ' 1 I :"-:-' Ordinap<;:e li!iImber .' " \, '- " shall set the ,matter for hearing before it within forty (40) days; and shall, at least ten (10) days prior to the :';:;,,,;-i:," ,<'i,:,,~,j ;;c,:: "~~""" date fixed for'the hearing, cause written notice'of,the time and place thereof to be given to the appellant'd"the applicant and to any ,other person requesting the same. The procedure before the City Council shall be the same as for the Planning Commission, and ~he applicant shall be notified of thi decision of the ,City Council. ' " ,Sec. llA-6. Acquisition Within the ,designated right-6,JJ-wayof mapped streets, the City of Seal Beach shall first acquire land for street widening purposes in accordance with Chapter 21, "subdiv~sion's" of the Seal ,Beach City Code and/or Ordinance 628, "Zoning, Section 1717, 'Highway Dedication 'and Improvement". If the provisions of the aforementioned code and ordinance or any 'other ordinance are not effective and if after exhaustion of 'administrative relief as provided in Section llA-5 hereof, any applicant dissatisfied with the final decision may, by written notice filed within ten (10) days thereafte'r" demand that the City Council' acquire by eminent domain or other available proceeding the, land belonging to applica'nt apd located within the right-6ifi-way of the mapped street. . ' If,' the City ,C9"mci1, wi thit\';,fli~[ (6.),omohths thereafter.. does not commence such acquisition proceedings, or thereafter,with 'reasonable diligence to prosecute the same to 'completion,the applicant may reapply for such building permit, and thereupon such building permit shall be issued. ' Sec. llA-7. Ex{sting Structures; Retroacti~ity . " Structures existing in building setback areas and in mapped 'streets on the date',of the adoption of this ordinance shall be , ,deemed,to be legal' nonconforming structures, subject to the regu- lations, limitations, abatement and amortization provided in the Zonini Ordinance. ' , ' Sec. llA-8. Compliance with Other Ordiriances This ordinance shall not perroi t the construction, erec tion; placing, or maintenance of any 'structure at any place where the same is prohibited by any other law, regula~io~ or ordinance: 'Sec. ,llA-9.' Severability . ' , If any provision of this ordinance or the application thereof to any per'son or circumstances is held invalid, the remainder of this ordinance and the application of such 'provisions' to the other pe~sons or circumstances shall notbeafiected thereby. > , Sec. IIA-lO. Penalty Any person violating this ordinance shall be, guilty of a misdemeanor and upon conviction there~f'shall be punishable by fine of not more than five hundred dollars ($500.00) or'by imprisonment in the 'City of County jail for a period of not to exceed, six 1~6) months, or both such ftne and imprisonment. 1 1 I . , " ordina~c.e li!~mber . , " Section 2. The City Clerk of the City of Seal Beach is hereby directed to cause this ordinance to be posted as required by law. PASSED, APPROVED',AND ADOPTED this day: o~ ~h-u~ 19 bY . ~ ity of Seal Beach ATTEST: "..- (]n'~/HW~ Ci~~t;;{1-' I, Jerdys Weir, hereby certify that the foregoing is a true and correct copy of Ordinance No. <7f~ , passed and adoptedAby the City Council of the City ,of Seal Beach on the 19# day of ..::7/hun~ 19 bi' " ~{i1:t "t1J~ -' .; , " " "', " " ,\ ; "",, ~ I ,'., (.AI .. _ . " ~ ~, , ROLL CALL VOTE: " ' d.n~<?J ,,;, (' '.., ~I AYES: 'NOES: ,~ ABSENT: ~ ABSTAIN: '--1..-1 ~_ 0' ' /V'---,.-~-. , , "