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HomeMy WebLinkAboutCC AG PKT 2010-05-10 #F AGENDA STAFF REPORT DATE: May 10, 2010 TO: Honorable Mayor and City Council THRU David Carmany, City Manager FROM: Mark Persico, Director of Development Services SUBJECT: ADOPTION OF ORDINANCE NO. 1595 (ZONE TEXT AMENDMENT 10 -2) SUMMARY OF REQUEST: Waive further reading and adopt Ordinance No. 1595, an ordinance repealing Section 28- 2317.D of the Seal Beach Municipal Code eliminating height variations for Non - Habitable Architectural Features except in Zoning District III; and adding Section 28 -509 to maintain certain height variations for Non - Habitable Architectural Features in Zoning District III (Surfside Colony). (ZTA 10 -2) BACKGROUND: The City Council considered this matter on April 26, 2010 and introduced the subject ordinance. It is now appropriate to adopt the subject ordinance. FISCAL IMPACT: There is no financial impact created by this Code Amendment. RECOMMENDATION: Waive further reading and adopt. SUBMITTED : • NOTED AND APPROVED: Mark Persico, AIC' David Carmanyr Director of Development Services City Manager Attachments: A. Ordinance No. 1595 Agenda Item F ORDINANCE NUMBER 1595 AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING THE MUNICIPAL CODE BY REPEALING SECTION 28- 2317.D OF THE SEAL BEACH MUNICIPAL CODE ELIMINATING HEIGHT VARIATIONS FOR NON - HABITABLE ARCHITECTURAL FEATURES EXCEPT IN ZONING DISTRICT III; AND ADDING SECTION 28 -509 TO MAINTAIN CERTAIN HEIGHT VARIATIONS FOR NON - HABITABLE ARCHITECTURAL FEATURES IN ZONING DISTRICT III (SURFSIDE COLONY) - ZONE TEXT AMENDMENT 10 -2) THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: Section 1. The City Council hereby amends the Seal Beach Municipal Code by repealing Section 28- 2317.D, Height Variation for Non - Habitable Architectural Features Section 2. The City Council hereby amends the Seal Beach Municipal Code by adding Section 28 -509 Height Variation for Non - Habitable Architectural Features to read as follows: "1. Scope: Non - habitable architectural features, such as spires, towers, cupolas, belfries, monuments, parapets (not required by Uniform Building Code), and domes may exceed the height limit established for Zoning District III by a maximum of 7 feet if granted pursuant to the procedures contained in this section. 2. Procedure: (a) Any person desiring to apply for a Minor Height Variation Permit shall complete and fill out and submit an application, required plans and property owners list to the Director of Planning together with payment of the minor plan review fee 14 days prior to the Planning Commission meeting. (b) Notice of the application for a minor height variation shall be given to all property owners within 300 feet of the exterior boundaries of the property. (c) Review: The Planning Commission may at a scheduled public hearing approve or disapprove such application, subject to any conditions deemed appropriate. In reviewing an application, the Planning Commission shall consider the following criteria and make findings thereon: (a) Whether such variation is appropriate for the building. (b) Whether such variation is appropriate for the character and integrity of the neighborhood. (c) Whether such variation significantly impairs the primary view from any property located within 300 feet. (d) Detailed and complete plans for the proposed work." Ordinance Number 1595 Section 3. The City Clerk shall certify to the adoption of this ordinance and shall cause the same to be published in accordance with applicable law. PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at a regular meeting held on the 10th day of May , 2010. Mayor ATTEST: City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the foregoing Ordinance was introduced for first reading at a regular meeting held on the 26th day of April , 2010 and was passed, approved and adopted by the City Council at a regular meeting held on the 10th day of May ,2010 by the following vote: AYES: Council Members: NOES: Council Members: ABSENT: Council Members: ABSTAIN: Council Members: And do hereby further certify that Ordinance Number 1595 has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. City Clerk