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Home My WebLink AboutCC Ord 354 1948-06-02 I 1 I '. '. ORDINANCE NO. ..3.of . , AN ORDINANCE OF THE OITY OF SEAL BEACH, OALIFORNIA, REGULATn.'G THE ERECTION, CON- STRUOTION, ENLARGEllEIiT, ALTERATION, REPAIR, llOVING, REMOVAL DEJ40LITION, OOBVERSION, OOCUPANCY, EQutpliENT, USE, HEIGHT.AREA, AND UAI~ENANCE OF ALL BUILDINGS AND/OR STRUO'.l'~S IN THE OITY OF SEAL BEACH, OALIFORNIA; PROVIDING FOR THE ISSUANCE OF PERKITS AND OOLLEOTION OF FEES THERFr- FOR; PROVIDING PENALTIES FOR THE VIOLATION THEREOF; REPEALING ORDINANCE NO. 151 of THE OITY OF SEAL BEACH, OALIFORNIA, AND ALL OTHER ORDINANCES AND PA.."l.TS OF ORDINANCES IN OONFLIOT THEREWITH. The Oity Oouncil of the City of Seal Beaoh, California, does ordain as follows: Seotion 1: That a oertain document, three copies of whioh are on file in th6' offioe of the Oity Oler'k of the Oity of Seal Beach, being marked and designated as "Uniform Building Oode, 1946 Edition, publiBh~d January I, 1946, by Paoifio Ooast Building Offioials Oonferenoe", with hereinafter designated ohanges, modifications, exceptions and amendments, be and the same is hereby adopted as the building code of the Oity of Seal BeaCh, for the regulation of the erection, oonstruction, enlargement, alteration, repair, moving, removal, demolition, oonversion, oocupa.noy, equipment, use, height, area and. main- tenanoe of all buildings a.nd/or structures in the Oity of ~eal " , Beaoh; providing for the issuanoe of permits and the oolleotion of fees therefor; providing penalties for the violation of such building oode; and each and all of the regulations, provisions, , . penalties, oonditions and terms, with hereinafter ,designated ohanges, modifications, exoeptiolts and. amendments of such "Uniform Building Oode, 1946 Edition, published January I, 1946, , 1 1 I I '. , Ordinance Number , . by Pacifio Coast Building Offioials Conferenoe", on file in the offi ce of the City Clerk are hereby referred to, adopted and made a part hereof as if fully set out in this ordinance. Section 2: That the provisions, terms and oonditions of the above designated uUniform Building COdel', be changed, modified and &mended to the following extent: That Section 303 (a) of said code, relating to building permit fees be changed in part as fol1ows: For valuations of less than $20.00, no fee; for valuations from $20.00 to and including $100.00, $1.00; for valuations of more than $100.00 to and including $1,000.00, $2.00. All other fees to remain as shown. That Section 1603 (b) be changed, modified and &mended to read as follows: Seotion 1603 (b) Limitation of types of construction; Buildings or structures of type IV or V con- str~ction having an area greater than seventy-five hundred square feet (7500 sQ.. ft.) shall not be erected, constructed, or moved within ,or into Fire Zone Ho. 2, and such type of build- ings shall have all exterior walls and ceilings' of not less than one hour fire resistance construotion, provided, however, that buildings constructed for occupancy as grooery stores, markets or other oocupanoies of no greater interior hazard, may be con- etruoted with open trussed or arch-rib roofs. And, provided, further, that for certain oocupancies and uses as defined in the Uniform Building Code as being of a special hazardous nature, the exterior walls shall be of more than one hour fire resi.- tive construction. All roof coverings shall be of fire resistive material as specified in Section 3204 of Uniform Building Code. That Section 1103 of Chapter 11 of said Clbde is hereby omitted. 2 Ordinance NUrr~er I Sect ion 3: That the provisions, terms and condi tions of the above designated "Uniform Building Codeu shall be amended by adding thereto three new sections to be designated as Sections 302.1, 302.2 and 302.3, the same to read as follows: Section 302.1. KOVIllG PERlIITS: Whenever an appli- cation is made for the moving of any building, in addition to the requirements set forth in Sections 301 and 302 of this Ordinance, the following shall be reqUired: (a) Appl1cant shall furnish the building official with the present location of the building to be moved and the loca.t ion to which said building is to be moved; (b) In addition to the plans and specifications the appl1ca.nt shall furnish a. drawing or sketch showing the exterior elevation of the building on its new location, the type of material and the colors to be used as finally completed and in case it is to be used for business purposes a sketch showing signs to be displayed thereon; (c) A list of the names of the owners of all property within three hundred (300) 'feet of the location to which said building is to be moved; (d) The proposed route along which said building is proposed to be moved. Section 302.2. HEARING AND NOTICE: (a) The building official shall post a notice upon the property to which said building is proposed to be moved giving the present location of said b~ilding and indicating the time and place of hearing thereon as hereinafter set forth; (b) Building official shall mail a post card notice to all property owners w~thin three hundred (300) feet I' I 3 1 I I . . Ordinance Number notifying them that & hearing will be had before the Oity Oouncll in the Council Chambers of the Oity Hall at a regular meeting of the Oity Oouncil; seid notices to be mailed at lea~ five (5) days prior to the hearing date designated by the building offioial; (0) At the time of said hearing all parties desiring to protest the proposed moving of said building may make their protest in writing or appear in person and make said protest orally. The Oity Oounoil may continue the hearing for the purpose of referring the matter to any comm\.ttee appointed by them for a more detailed report for their guidanoe; such con- tinuanoe shall be to an adjourned meeting and in any event no' later than its next regular meeting; (d) No permit for the moving of any building proposed to be used for business shall be approved by the Oity Council unlees the plans, specifications, and sketches indioate that said building shall be designed, treated, and finished in an uniform manner on all exterior walls facing a street or faci~~ lots olassified in any residential district, having in mind the general design, treatment. and finish of such exterior walls and types of materials used therein. This is intended as a minimum requirement and snall not deter the Counoil from grant- ing an approval if the proposed building is of a higher standard than those existing in such area. Section 302.3. FEES: (a) At the time an application is made for a permit to move a building the applicant shall deposit with the building offioial the sum of THREE HUNDRED DOLLARS ($300.00), FIFTY DOLLARS ($50.00) of which ~all be retained by the Oity of 4 1 1 I . Ordiri~nce Number . Seal Beach to cover the cost of inspection. In the event that said moving permit is denied the TWO HUNDRED FIFTY DOLLARS ($250.00) shall be returned to the applicant. Section 4: ' The Oi ty Oouncil hereby find, det ermine and declare that this is an ordinance for the immediate preservation of the public peace, health and safety of this Oity and the facts constituting its urgency are as follows: That there are serious doubts as to the legality of Ordinance Number 337 of this Oity which adopted said Uniform Building Oode. One Court has already so held and it my be several months before the final determin- ation is had and if the ordinance is held to be illegal the Oity will have no means of enforcing building regulations until an ordinance can be passed. Persons desiring to construct buildings will and have questioned the validity of said Ordinance No. 337, and threatened to test the same in the Oourts and thus a multi- plicity of suits is threatened. There are a number of persons moving and desiring to move buildings into the Oity of SeeJ. Beaoh, and there are no building regulations governing the IlIOving of said buildings or provisions permitting and authorizing inspection of said buildings prior to being moved into the Oity or affording adjacent property owners a hearing. The moving of .. . ,I , I / I I traffic hazard" ..ancl". ts-dangerouB -t,o: ,11:fe ..; said build~ngB c~eates a he~it~'and'pr~perty. . I Seotion 5: The Oity Clerk shall certify to the passage and adoption of this ordinsne by a four-fifths (4/5) vote of the Oity Oouncil of the Oity of Seal Beach and for IlIOre public notice shall cause the same to be published once in the Seal Beach :.~ HEW S' -e, a newspaper of general ciroulation printed, pu~ l1shed and circulated in said Oity. This ordinance being an 5 I . . Ordinanc~'N~er ordinance for the immediate preservation of the publio peaoe, health and safety of the Oity of Seal Beach shall take effect a.nd be in force :from and after the Passage and adoption thereof. PASSED AND ADOPTED by the City Counoil !fcGdAh'f ..:JvlV't::. of Seal BeaCh, California, at a thereof held on the .J::!day of of the Oi ty meeting , 1948. fi-l#'# ~ ~~~~ HAYOR I I 6 I I I "1" ... . . Ordinance Number . STATE OF CALIroRNIA ! ss County of Orange City of Seal BeaCh I, JOHN W. MULCAHY, the duly elected, qualified and acting City Clerk of the City of Seal B,ach and ex-officio Clerk of the City Council of said City of Seal Beach, do hereby certify that the whole number of members of the Oity Oounoil of the Oity of Seal Beach is five; that the foregoing ordinance was first read to ~ity Oouncil at a tfEGl/J./I/f-1l0JOIlK-1 meeting thereof held on the day of .JJ/~-/, 1948, and was again read to said Oity Oounci1 at a I.P~GGf~I,1If, ....I meeting thereof held on the~ day of .:Tt/,vc- ,1948, and was passed' and adopted by the affirmative votes of four-fifths (4/5) of all the members of said Oity Oouncil as follows: Oounc ilinen : SO WE rrS, .z EtJHI1#/). J/1CotJSEA(gli'tJST/ftJkt, , ,. - AYES: NOES: Oouncilmen: A"oA/& ABSENT : Oouncilmen: SHt/FEJ../ 01erk and ex-officio 1 o the Oity Oouncil of the- of Seal Beach, Oalifornia. 7