HomeMy WebLinkAboutCC Ord 1594 2010-04-26ORDINANCE NUMBER 1594
AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA
AMENDING SECTION 28- 2317.D OF THE SEAL BEACH
MUNICIPAL CODE ELIMINATING HEIGHT VARIATIONS FOR
NON - HABITABLE COVERED ROOF ACCESS STRUCTURES
EXCEPT IN ZONING DISTRICT III; AND ADDING SECTION 28-
508 TO MAINTAIN CERTAIN HEIGHT VARIATIONS FOR NON -
HABITABLE COVERED ROOF ACCESS STRUCTURES IN
ZONING DISTRICT III (SURFSIDE COLONY)
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council hereby amends Seal Beach Municipal Code
Section 28- 2317.D, Height Variation for Non - Habitable Architectural
Features, to read as follows:
"D. Height Variation for Non - Habitable Architectural Features.
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 the district in
which such structure is located to 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
architectural style of 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."
Section 2. The City Council hereby adds Seal Beach Municipal Code Section
28 -508, Height Variation for Non - Habitable Architectural Features,
to read as follows:
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Ordinance Number 1594
Section 28 -508. Height Variation for Non - Habitable Architectural Features
"A. Scope: Non - habitable covered access to open roof decks may
exceed the height limit established for Zoning District III to a maximum of 7 feet if
granted pursuant to the procedures contained in this section.
B. Procedure:
1. 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.
2. 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.
3. Review:
a. 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:
Whether such variation is appropriate for the
building.
(a) Whether all roofing materials of a
covered stairwell to an open roof deck are in substantial conformity with the
roofing materials of the remainder of the structure.
(b) Whether a covered stairwell to an
open roof deck is located along peripheral exterior walls of the structure.
(c) Whether a covered stairwell to an open
roof deck is limited to the minimum area, both horizontally and
vertically, necessary to cover the stairwell.
ii. Whether such variation is appropriate for the
character and integrity of the neighborhood.
iii. Whether such variation significantly impairs the
primary view from any property located within 300 feet.
iv. Detailed and complete plans for the proposed
work."
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.
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Ordinance Number 1594
PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal
Beach at a regular meeting held on the 26th day of April , 2010.
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
Mayor
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 12th day of April , 2010 and was passed, approved and adopted by
the City Council at a regular meeting held on the 26th day of April ,2010 by
the following vote:
AYES:
Council Members:
NOES:
Council Members:
4�/
ABSENT:
Council Members:
ABSTAIN:
Council Members:
And do hereby further certify that Ordinance Number 1594 has been published
pursuant to the Seal Beach City Charter and Resolution Number 2836.
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PROOF OF PUBLICATION
(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 afore-
said; I am over the age of eighteen
years, and not a party to or inter-
ested in the above - entitled matter.
I am the principal clerk of the printer
of the SEAL BEACH SUN a
newspaper of general circulation,
printed and published weekly in the
City of Seal Beach County of
Orange and which newspaper has
been adjudged a newspaper of
general circulation by the Superior
Court of the County of Orange, State
of California, under the date of
2/24/75 Case Number A82583 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:
all in the year 2010.
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Dated at
SignatureU
PUBLICATION PROCESSED BY:
THE SEAL BEACH SUN
216 Main Street
Seal Beach, CA 90740
(562) 430 -7555
Ordinance Number 1594
This space is for the County
Clerk's Filing Stamp
Proof of Publication of
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SUMMARY
ORDINANCE
NUMBER 1594
The ordinance amended
Section 28- 2317.D,'of the
'Seal Beach Municipal Code
to eliminate height variations
.for covered roof access struc-
tures and adding new Section
28 -508 allowing certain height
variations for non - habitable
covered roof access struc-
tures in Zoning District III'
(Surfside Colony) (Zone Text
Amendment 10 -1). The lan-
guage eliminates the capabil-
ity of applying for a "Height
Variation" for covered access
to roof decks. The amend-
ments will not change cur-
rent provisions regarding
height variations for other
identified architectural fea-
tures.
Ordinance Number 1594•
was introduced at the regu-
lar City Council meeting of
April 12, 2010. Waiver of fur-
ther reading and adoption of
Ordinance Number 1594 was.
at the April 26, 2010 regular
City Council meeting by the
following vote:
AYES: Antos, Levitt, Miller,
Shanks, Sloan
NOES: None Motion car-
ried
Copies of Ordinance
Number 1594 are available
'from the office of the City
Clerk, City Hall, 211 - 8th
Street, Seal Beach; telephone
(562) 431 -2527 ext. 1305.
DATED THIS 27th day of April
2010
Linda Devine, City Clerk
City of Seal Beach
SB-420
Published in the Seal Beach
Sun 5/6/2010.
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