HomeMy WebLinkAboutCC AG PKT 2002-11-12 #W City of Seal Beach
M emo
To: Honorable Mayor & Members of the City Council
From: Mac Cummins
CC:
Date: 11/12/02
Re: Urgency Ordinance Re Non - Conforming Residential Structures
Mayor Larson & Members of the Council,
A request has come from Councilman Antos regarding adopting an urgency
ordinance that would affect structural alterations & enlargements to legal non-
conforming residential structures in the City. These structures are primarily located in
the old town area, south of Pacific Coast highway.
The City code sets forth the provisions for applications to the City for additions to
these types of structures and the procedures for application. There are a number of
different non - conformities that a property may possess, and section 28 -2407 of the
City code addresses what type of application must be made, given the specific non-
conformity on the property.
The code defines "minor structural alterations & enlargements" as the following:
• Open roof decks
• Additional balconies & porches
• Roof additions over balconies and porches
• Additional exterior doors
• Additional garages & carports, including tandem garages
. • Interior wall modifications & remodeling involving less than 25% of the walls
• Reduction in number of units involving less than 50% of structures interior
walls
• Minor enlargements or expansions (Single Family or Duplex):
tp Il
11
o 1 time enlargement, Tess than 10% of the allowable Floor Area Ratio,
up to 288 square feet per unit to a max of 576 per property
o Number of bedrooms may not be increased
o Planning Commission MUST find that all feasible parking has been
created
o Tandem parking spaces may be utilized
• Minor enlargements or expansions (3 or more units):
o 1 time alteration — Less than 10% of allowable Floor Area Ratio
Maximum 144 square feet per unit; maximum 400 square feet per
property
o 1 parking space per unit must be provided
o Bedroom may not be added if nonconforming due to density or parking
o 1 time enlargements to more than 10% of the allowable Floor Area
Ratio standards; provided all parking is provided, but tandem parking is
used because the lot is too narrow to provide standard stalls
The Code further defines "Major Structural Alterations, Enlargements, and
Expansions" to address expansions not specifically provided for above. The most
significant difference between Minor and Major improvements is that a Minor
Structural Alteration & Expansion may be conditionally permitted through a
Consent Calendar review process, but a Major Structural Alteration may only be
conditionally permitted after a Public Hearing, with a larger mailout radius area.
The code has 2 separate provisions for Major Structural Alterations,
Enlargements or Expansions. They vary based on the type of non - conformity on
the subject property. A brief recap:
• Provisions relating to Major Alterations, Enlargements, or Expansions of
nonconforming residential structures providing all provisions of the chapter are
met EXCLUDING: density & the required setback for legal non - conforming
garages or carports
o 1 time or cumulative enlargements /expansions which increase the
allowable Floor Area Ratio more than 10% of the allowable FAR for the
zone
o 1 time interior wall modifications to more than 25% of the interior walls
of the structure
• Provisions relating to Major Alterations, Enlargements, or Expansions of
nonconforming residential structures providing all provisions of the chapter are
met EXCLUDING: density & parking •
o 1 time or cumulative enlargements /expansions which increase the
allowable Floor Area Ratio more than 10% of the allowable FAR for the
zone
• Page 2
o 1 time interior wall modifications to more than 50% of the interior walls
of the structure
o Planning Commission must determine that all feasible parking is
provided
• There are also provisions that allow for a property that is non - conforming ONLY by
reason of inadequate setbacks to apply to the Director of Development Services for
enlargements. This would be a situation where the property met all of the density or
parking requirements.
On Wednesday, November 6, 2002, the Planning Commission approved 2 separate
items that fall within the "Major Structural Alteration" category within Section 28 -2407.
One project involved the addition of a second floor on a single - family house that sits
on a property that also has an apartment unit above the garage. No new bedrooms
were being added in the case. The second approval was for a 4 -unit property to
expand the main house structure. The applicant wished to move the existing
bedrooms upstairs and create a formal living room, dining room, and larger kitchen.
The applicant in this case reduced the bedroom count from 3 to 2.
Historical Perspective
The City typically receives approximately 5 — 7 formal requests under these
provisions of the code each year. There are also several other inquiries by citizens
which are not ever heard at the Planning Commission after discussions with staff. In
general, if an applicant meets the minimum criteria provided for in Section 28 -2407,
the Planning Commission has approved the requests. A brief recap of recent year's
applications:
2002:
• CUP 02-4 B -106 Surfside
• CUP 02 -13 13912 St.
• CUP 02 -15 2264 St.
• CUP 02 -16 1210 Electric
•
2001:
• MPR 01 -1 515 Ocean Ave.
• MPR 01 -3 1101 Seal Way
• MPR 01-4 809 Ocean Ave. #3
•
• CUP 01-4 1110 Electric Ave.
• CUP 01 -7 320 Central Ave.
2000:
• Page 3
• MPR 00 -3 24117 St.
• CUP 00 -3 615 Ocean Ave.
• MPR 00-4 919 Ocean Ave.
• CUP 00 -6 308 -310 Ocean Ave.
• MPR 00 -5 308 -310 Ocean Ave.
• CUP 00 -12 617 Ocean Ave.
1999:
• MPR 99 -1 235 8 St.
• MPR 99 -2 1207 Ocean Ave.
• MPR 99 -3 1531 Seal Way
• MPR 99-4 1215 Seal Way
• MPR 99 -6 1100 Ocean Ave.
• CUP 99 -11 1001 Electric Ave.
• MPR 99 -10 209 13 St.
In all of the above cases, the planning commission approved the requested projects.
Nature of Current Process:
The current process, as provided in section 28 -2407, allows the discretion of the
Planning Commission and ultimately the City Council (upon appeal, if filed), to
analyze each individual application on its own merits. This process is not burdened
by the fact that the Commission has approved several similar cases in the past.
Under the law, each property is considered to be unique and a decision on one
property does not set any precedent for future applications regarding other
properties. If the Planning Commission, or City Council in the case of an appeal,
were to decide that a particular application was not appropriate for the character and
integrity of the neighborhood in which it was applied, the voting body could deny the
application.
This process allows the greatest flexibility when looking at possible expansions to
legal non - conforming properties. The process provides that all such expansions
require discretionary approval by an appointed Commission of the City to be looked
at individually. The code does not say that if an application meets the minimum
criteria, that a project MUST be approved. It merely sets forth minimum criteria for
which an application must meet in order to apply. This process is beneficial to the
City in so far that the City does not need to try to anticipate every possible
development application that might come in the future. It rather sets forth criteria for
which to apply to the City, and allows the City the discretion to make decisions based
on individual circumstances, rather than try to develop a universal development code.
• Page 4
Urgency Ordinance
As requested by Councilman Antos, the City has prepared a draft ordinance that
would curtail the approval of additions to existing legal non - conforming structures.
This ordinance is authorized by Govemment Code Section 65858, and allows for the
introduction of an interim ordinance for up to 45 days to protect the general health,
safety, and welfare of the citizens. This ordinance would establish that future
additions and alterations to legal non - conforming residential structures may be in
conflict with contemplated changes to the City's Zoning Code. The Council also has
the power under Section 65858 to apply the interim ordinance to pending
applications and approvals, although the current draft of the proposed Ordinance
does not include such a provision.
Should the Council decide to put this urgency ordinance into effect, a four -fifths (4/5)
vote is required. The ordinance must contain findings that there is a current and
immediate threat to the public health, safety, or welfare, and that the approval of
additional subdivisions, use permits, variances, building permits, or any other
applicable entitlement for use which is required in order to comply with a zoning
ordinance would result in that threat to public health, safety, or welfare. In addition, if
the Council passes the ordinance, it must issue a written report describing the
measures taken to alleviate the conditions that led to the adoption of the ordinance,
no later than 10 days prior to the expiration of the ordinance.
Further, pursuant to Section 65090 of the Govemment Code, the Council can extend
the ordinance, after a properly noticed public hearing, for up to 10 months and 15
days, and subsequently the Council may extend it for an additional year. The
decision to extend the ordinance must pass by a four - fifths (4/5) majority.
Issues of Concern
Should the Council move forward with the urgency ordinance, there are a number of
concems which staff has preliminarily noticed. First, if the intent of the Council is to
direct all non - conforming residential structures into conformance in the old town area,
there are many different ways of accomplishing this task. If there is a concem
regarding either of the 2 applications approved by the Planning Commission last
Wednesday, Nov. 6 both of these applications are still appealable to the City
Council.
If either of these issues are of importance to the City Council, staff would suggest that
either or both of the recent approvals be appealed to the Council. Altematively, the
Council may direct staff to schedule study sessions with the Planning Commission
and /or City Council regarding possible Zone Text Amendments to change the
allowable criteria under which a property owner could apply to the City for an
alteration, enlargement or expansion to their non - conforming residential structure.
• Page 5
If the Council wishes to halt all pending approvals that have not received building
permits and incurred substantial expenditures in reliance upon those building permits
to the extent that the property owner has obtained vested rights, and change the
code to not allow these types of additions in the future, staff has some concems.
First, staff would need to determine how many properties are "in the pipeline."
Second, there are a number of properties in the old town area that are non-
conforming due to post - construction code changes in density, setback and parking
requirements. If the City were to attempt to force them all into conformance with the
current density & parking requirements without allowing tandem parking, the City
would essentially be suggesting that all residential lots in the old town area become
single family residential. The current density standard is 1 housing unit for each 2178
square feet of lot area. The typical lot is 25 x 117.5 feet. This is approximately 2937.5
square feet. Essentially, the only way someone could have legal conforming
multifamily apts. Is by acquiring multiple lots.
Further, disallowing expansions would effectively eliminate property improvements
over time. Properties that are non - conforming due to density and parking also have
the most value as they have rental income from the apartment units on the property.
If these properties are not allowed to improve, they will most likely remain in their
current state as long as possible. Given current market forces and the current market
rents being charged in Seal Beach, it does not make financial sense to acquire a
multifamily residential property, tear down the apt. units, and build a single family
house. Staffs concem here is that some provision be allowed for in the code to do
minor upgrades and maintenance, at a minimum.
Staff Recommendation
Staff recommends the Council direct staff to prepare a study session & draft Zone
Text Amendment with whatever direction the Council would like; and that those items
be placed on the next available Planning Commission agenda. If the Council is
concemed about an upsurge in applications under Section 28 -2407, it would be
appropriate to adopt the proposed urgency ordinance.
Mac Cummins
Associate Planner /Special Projects Manager
Attachments (2)
1. Section 28 -2407 of the City Zoning Code
2. Draft Urgency Ordinance (To be distributed at the Council meeting).
• Page 6
Zoning
S 28 -2400 S 28- 2403.1
Article 24. General Provisions, Conditions and
Exceptions, Nonconforming Buildings and Uses
Section 28 -2400. Nonconforming Use Limits; Other Uses. While
a nonconforming use exists on any lot, no additional use may be
established thereon unless such additional use is conforming
and, in addition, such additional use does not increase the
nonconformity. (Ord. No. 948)
Section 28 -2401. Time Limit on Abandoned Nonconforming Use.
If a nonconforming use is discontinued for a period of three
(3) consecutive months, such use shall be considered abandoned
and shall thereafter be used only in accordance with
regulations for the district and zone in which the property is
located. (Ord. No. 948)
Section 28 -2402. Removal of Nonconforming Buildings or Change
in Status of Nonconforming Use. If any nonconforming building
is removed, every future use of the land on which the building
was located shall conform to the provisions of this chapter.
(Ord. No. 948)
Section 28 -2403. Provisions of This Article to Apply to
Nonconforming Use and Nonconforming Buildings Resulting From
Reclassification. The provisions of this article shall apply
to buildings, lands and uses which hereafter become
nonconforming due to any reclassification of zones under this
chapter or any ordinance. (Ord. No. 948)
Section 2403.1. Exceptions for Nonconforming Historic
Buildings. ,
A. A locally recognized historic building or structure may be
substantially preserved, renovated or rebuilt subject to
the issuance of a Conditional Use Permit.
B. In reviewing the application for the historic building or
structure, the Planning Commission shall evaluate and make
findings on the following:
1. The local historic significance of the building or
structure.
2. The existing architecture.
C. In approving a Historic Conditional Use Permit, the
Planning Commission may authorize such deviations from the
Seal Beach Municipal Code necessary to preserve the
structure and its historical significance. Before
approving such change, it must find:
8700
(Seel Beach 8/00)
•
Seal Beach City Code
S 28- 2403.1 S 28 -2405
1. All deviations from the Seal Beach Municipal Code,
necessary to preserve the existing structure
architecture; including but not limited to: zoning,
building, engineering and fire.
2. All needed agreements, contracts or conditions
between the owner or lessee and any public agency
which involves said building or structure are
executed to insure compliance between all parties.
3. Any other appropriate conditions deemed necessary to
the approval of the application are required.
4. The waivers from Code must still render the structure
safe and sound.
(Ord. No. 1101)
Section 28 -2404. Nonconforming Use of Land When No Structure
Involved. In any zone, the nonconforming use of land wherein
no structure is involved shall be abated within one year from -
the date the ordinance codified herein becomes effective and
any further use of such land shall conform to the provisions of
this chaptei. If the nonconforming use of land existing at the
time the ordinance codified herein takes effect is thereafter
discontinued for three consecutive months or more, any further
use of such land shall conform to the provisions of this
chapter. (Ord. No. 948)
Section 28 -2405. Commission May Determine Conditions for
Abatement.
(a) When any nonconforming condition in any zone, other
than the nonconforming use of land where no structure is
involved, the Planning Commission may, after a public
hearing, fix a date upon which the nonconforming building
was established and determine conditions and time limits
for abatement.
(b) Where a use is nonconforming only due to lack of a
required discretionary permit, the proprietor of said use
shall terminate said use or apply for and obtain any and
all required discretionary permits within six (6) months
of the effective date of the ordinance which codified this
paragraph or the effective date of the ordinance which
made the use nonconforming, whichever is later, unless
after a hearing the Planning Commission determines that a
different time limit for abatement is appropriate.
(Ord. No. 94.8; Ord. No. 1011; Ord. No. 1348)
(Seal Beach 8/00) 8701
Zoning
S 28 -2406 S 28 -2406
Section 28 -2406. Reconstruction of Damaged or Destroyed
Nonconforming Buildings.
A. A nonconforming building damaged or destroyed to the
extent of not more than fifty percent of its replacement
cost immediately" prior to its damage or destruction by
fire, explosion or other casualty or act of God or the
public enemy may be restored and the occupancy or use of
such building or part thereof which existed at the time of
such damage or destruction may be continued in the same
manner which lawfully existed prior to such damage or
destruction.
B. A nonconforming residential building damaged or destroyed
to the extent of more than fifty percent of its
replacement cost immediately prior to its damage or
destruction by fire, explosion or other casualty or act of
God or the public enemy may be restored and the occupancy
or use of such building may be continued as provided in
this subsection.
1. Reconstruction Subject to Administrative Plan Review.
..Nonconforming residential buildings may be
reconstructed pursuant to Administrative Plan Review
by the Director of Development Services subject to
the following:
(a) The minimum of standard, open and
accessible covered parking spaces required by
this Chapter shall be provided.
(b) The minimum setback and height standards of this
Chapter shall be met.
(c) The number of units to be reconstructed shall be
the number of units legally existing at the time
of the building's partial destruction, or one
unit for each 950 square feet of lot area,
whichever is less.
(d) For the purpose of calculating density, all
fractions of units shall be rounded to the next
highest whole number.
2. Reconstruction Subject to Minor Plan Review Permit.
Nonconforming residential buildings may be
reconstructed pursuant to a consent calendar plan
review, subject to the following:
8702 (Seel Beach B /DD)
Seal Beach City Code
S 28 -2406 S 28 -2406
(a) P. minimum of one standard, open and accessible
covered parking space shall be provided for each
unit. Tandem spaces existing at the time of the
building's partial destruction shall be
reconstructed, but interior spaces shall not be
counted in satisfying the requirement of one
space per unit.
(b) The minimum setback and height standards of this
Chapter shall be met for the zoning district in
which it is located.
(c) The number of units to be reconstructed shall be
the number of units legally existing at the time
of the building's partial destruction, or one
unit for each 950 square feet of lot area,
whichever is less.
(d) For the purpose of calculating density, all
fractions of units shall be rounded to the next
highest whole number.
3. General Provisions. The following shall apply to the
reconstruction of nonconforming residential buildings
pursuant to Sections B.1. and B.2., above:
(a) No reconstruction may enlarge the habitable area
of a nonconforming residential building beyond
its pre - existing size, unless such enlargement
complies with the provisions of this Chapter.
(b) The number of units in a nonconforming
residential building shall not be increased
unless such increase complies with the
provisions of this Chapter applicable to the
zoning district in which it is located.
(c) The reconstruction of nonconforming residential
units measuring less than 500 square feet shall
be subject to the following findings by the
Planning Commission:
All units and rooms meet the minimums
established for residential occupancies
under the Uniform Building Code.
ii. All feasible area has been utilized to
enlarge substandard units, given the
availability and location of space on the
(Seel Beach 8 /DD) 8703
Zoning
S 28 -2406 'S 28 -2406
site, or the constraints imposed by parking
requirements and the existing sound primary
structure.
(d) Any administrative plan review approval or minor
plan review approval shall become null and void
if not exercised within one year from the date
of such approval or issuance, and the provisions
of Section 28 -2401 shall be applicable.
(e) Replacement cost shall be determined by the
Director of Development Services, using
valuation methods adopted by the Department of
Development Services. If the property owner
disputes the Director's determination,
replacement cost may be determined by a licensed
appraiser, selected and paid for by the property
owner, which appraiser shall be approved by the
Director.
C. A nonconforming nonresidential building damaged or
destroyed to the extent of more than fifty percent of its
replacement cost immediately prior to its damage or
destruction by fire, explosion or other casualty or act of
God or the public enemy may be reconstructed subject to
consent calendar plan review in accordance with the
following criteria:
1. The property shall provide, at a minimum, the same
number of on -site parking spaces as were previously
provided. The Planning Commission shall, on a case
by case basis, endeavor to increase the ratio of
parking to square footage, either by reducing the
square footage or by requiring additional parking on-
site. In no case shall the square footage be reduced
by more than 25 percent.
2. All setbacks and height restrictions of this Chapter
shall be met for the zoning district in which the
building is located.
D. The owner of any nonconforming building, whether
residential or nonresidential, may request an
administrative review to determine its structural
integrity and the legality of existing conditions and
improvements. Such review shall be subject to fees as
established by the Uniform Building Code, and shall
consist of an internal and external inspection of the
building, and a review of the City's planning and building
files. Following the review, the Department of
8704 (Seal Beach 8/00)
Seal Beach City Code
S 28 -2406 S 28 -2406
Development Services shall issue a statement of findings
which shall be final and conclusive unless appealed to the
Planning Commission. If the owner does not request such a
review, it shall be the owner's responsibility to
establish the lawful existence of all conditions and
improvements in the course of the reconstruction process. '
This subsection D provides a voluntary procedure which
shall not restrict the right of any property owner to
obtain information contained in the City's public records
regarding the owner's nonconforming building without
making the request provided hereunder.
E. The City Council may adopt alternative procedures for the
approval of the reconstruction of nonconforming buildings.
in the event of a natural disaster causing widespread
damage to nonconforming buildings within the City.
F. Every person who on the lien date of any year was the
owner of, or had in such person's possession, or under
such person's control, any taxable improvement, which
improvement was thereafter destroyed without such person's
fault by fire or by any other means prior to July 31st of
that year and cannot be thereafter rebuilt because of a
zoning prohibition, may on or before such date as may be
prescribed by the county assessor, or by state law, make
application for the reassessment of such improvement and
deliver to - the county assessor a written statement under
oath, accompanied by a certificate of a disinterested
competent person or authority showing the condition and
value, if any, of the improvement immediately after the
destruction, and the county assessor shall, on or before
October 31st of that year assess the improvement, or
reassess it if it has already been assessed, according to
the condition and value immediately after the destruction
and upon such notice as it may find to be proper the board
of supervisors of the county may, until November 30th of
that year equalize any such assessmept or reassessment.
The tax rate fixed for property on the roll on which the
improvement so assessed appears or the improvement so
reassessed appeared at the time of its original assessment
shall be applied to the amount of equalized assessment or
reassessment determined in accordance with the provisions
hereof. In the event that the resulting figure is less
than the tax theretofore computed, the taxpayer shall be
liable for tax only for the lesser amount and the
difference shall be cancelled. If the taxpayer has
already paid the tax previously computed, such difference
shall be refunded to the taxpayer. The provisions of this
subsection F are enacted pursuant to California Government
Code Section 43007. To the extent that the provisions of
(Seal Beach a /00) 8705
Zoning
S 28 -2406 S 28 -2407
such Section 43007 have been or may be superseded or
replaced by other provisions of State Law, or to the
extent that the county assessor or the board of
supervisors may have promulgated or enacted procedures
which conflict with the provisions of this subsection F,
such provisions of State Law or such promulgated or
enacted procedures shall control. (Ord. No. 1255)
Section 28 -2407. Enlargements or Structural Alterations to
Nonconforming Residential Buildings and Uses. Nonconforming
residential buildings may be enlarged or structurally altered
as provided in this section.
A. Permitted Improvements.
1. Minor Structural Alterations and Improvements to
nonconforming residential buildings and uses listed
as follows may be approved by the issuance of a
building permit:
(a) Skylights.
,..(b) Solar Systems.
(c) Additional windows.
(d) Decorative exterior improvements. -
(e) Building maintenance.
(f) Adding or replacing utilities.
(g) Other minor structural alterations and
improvements similar to the foregoing, as
determined by the Planning Commission.
2. Minor Structural Alterations, Enlargements or
Expansions to nonconforming residential buildings and
uses listed as follows may be approved by the
Planning Commission pursuant to consent calendar plan
review:
(a) Open roof decks.
(b) Additional balconies and porches (not enclosed).
(c) Roof additions over balconies and porches.
8706 (Seal Beach e /oo )
Seal Beach City Code
S 28 -2407 S 28 -2407
(1) Roof eaves projecting five (5) feet into
the required rear yard setback of Planning
District 1, Residential Low Density Zone.
(d) Additional exterior doors.
(e) Additional garages and carports, including
tandem garages and carports.
(f) Interior wall modifications and remodeling which
involves removal of or structural alteration to
less than twenty -five percent (25 %) of the
structure's interior walls. Such interior wall
modifications or remodeling may increase the
number of bathrooms provided that the number
does not exceed the following bedroom /bathroom
ratio: one bath for each bedroom plus an
additional half -bath. The number of bedrooms,
as defined in Section 28 -210 of this chapter,
shall not be increased if the subject property
is nonconforming due to density or parking.
(g) Reduction in the number of units involving
removal or structural alteration to less than
fifty percent (50 %) of the structures interior
walls.
(h) Minor enlargements or expansions.
(1) Single Family Dwellings and Duplexes:
One time or cumulative minor structural
alterations or expansions which increase
the floor area under the Floor Area Ratio
standards of the appropriate zone less than
ten percent (10 %) of the allowable floor
area if the subject property meets the
minimum parking requirements; or a maximum
of 288 square feet per unit up to a maximum
of 576 square feet per property, if the
subject property is nonconforming due to
parking, subject to the following:
(a) Additional bathrooms are permitted
provided that the number per unit does not
exceed the following bedroom /bathroom
ratio: one bath for each bedroom plus an
additional half- bath. !"
(Seal reach 2 /00) 8707
Zoning
S 28 -2407 S 28 -2407
(b) The number of bedrooms, as defined in
Section 28 -210; may not be increased if the
subject property is nonconforming due to
density or parking.
(c) Enclosures of balconies and porches
shall constitute the addition of habitable
space.
(d) Such expansions and enlargements to
properties that are nonconforming due to
parking shall be permitted only if the
' Planning Commission determines that all
feasible parking, given the availability
and location of space on the site or the
constraints imposed by the existing sound
primary structure, is provided.
(e) The provision of enclosed tandem
parking spaces may be utilized to comply
with the required off - street parking
requirements, provided all required
setbacks are provided.
(Ord. No. 1274; Ord. No. 1361; Ord. No. 1416)
(2) Three (3) or More Units:
One time or cumulative minor structural
alterations or expansions which increase
the floor area less than ten percent (10 %)
of the allowable floor area under the Floor
Area Ratio standards of the appropriate
zone if the subject property meets the
minimum parking requirements; or a maximum
of 144 square feet per unit up to a maximum
of 400 square feet per property, if:
(a) the subject property is nonconforming
due to parking, and
(b) a minimum of one (1) standard, open
and accessible covered parking space is
provided for each unit, subject to the
following:
(1) Additional bathrooms are permitted
provided that the number per unit does
not exceed the following bedroom /bathroom
8708 (Seal Beach B /00)
Seal Beach City Code
S 28 -2407 S 28 -2407
ratio: one bath for each bedroom plus an
additional half-bath,
(2) The number of bedrooms, as defined
in Section 28 -210, may not be increased
if the subject property is nonconforming
due to density or parking.
(3) Enclosures of balconies and porches
shall constitute the addition of
habitable space.
(4) Such expansions and enlargements to
properties that are nonconforming due to
parking shall be permitted only if the
Planning Commission determines that all
feasible parking, given the availability
and location of space on the site or the
constraints imposed by the existing sound
primary structure, is provided.
(5) The provision of enclosed tandem
parking spaces may be utilized to comply
with the required off - street parking
requirements, provided all required
setbacks are provided.
(i) One -time or cumulative enlargements or
expansions of ten percent (10 %) or more of the
allowable floor area under the Floor Area Ratio
standards of the appropriate zone to properties
that are nonconforming only due to the use of
tandem parking when the required number of
spaces are provided and the required standard
spaces cannot be physically provided due to lot
width.
(j) Other minor structural alterations and
improvements similar to the foregoing, as
determined by the Planning Commission.
(Ord. No. 1361)
3. Major Structural Alterations, Enlargements or
Expansions to nonconforming residential buildings and
uses listed as follows may be approved by the
Planning Commission pursuant to the approval of a
conditional use permit provided that all the
requirements of this chapter excluding density and
(Seal Beaten 8 /00) 8709
Zoning
S 28 -2407 S 28 -2407
the required setback for existing legal, non-
conforming garages, carports and exterior stairways,
which shall comply with all applicable provisions of
the Uniform Building Code as most recently adopted by
the City, with the exception of the required setback,
are satisfied:
(a) One -time or cumulative enlargements and /or
expansions of ten percent (10 %) or more of the
allowable floor area under the Floor Area Ratio
standards of the appropriate zone.
(b) One -time or cumulative interior wall
modifications and remodeling.which involves
removal of or structural alteration to greater
than twenty -five percent (25 %) of the
structures interior walls.
4. Major Structural Alterations, Enlargements or
Expansions to nonconforming residential buildings and
uses listed as follows may be approved by the
Planning Commission pursuant to the approval of a
conditional use permit provided that all the
requirements of this Chapter excluding density and
parking are satisfied. Provided the parcel is
nonconforming due to the use of tandem parking when
the required number of spaces are provided and the
required standard spaces cannot be physically
provided due to lot width:
(a) One -time or cumulative enlargements and /or
expansions greater than ten percent (10 %) of the
allowable floor area.
(b) One -time or cumulative interior wall
modifications and remodeling which involves
removal of or structural alteration to greater
than fifty percent (50 %) of the structures
interior bearing walls.
(c) Such expansions and enlargements shall be
permitted only if the Planning Commission
• determines that all feasible parking given the
availability and location of space on the site
or the constraints imposed by the existing sound
primary structure is provided. .
(Ord. No. 1315; Ord. No. 1361; Ord. No. 1367)
8 710 (Seal beach 8/00)
Seal Beach City Code
S 28 -2407 S 28 -2407
5. Structural Alterations, Enlargements or Expansions to-
nonconforming residential buildings and uses which
are nonconforming only by reason of inadequate
setbacks, including the required setback for existing
legal, non - conforming garages, carports, and exterior
stairways may be approved by the Director of
Development Services, subject to the following:
(a) All enlargements or expansions shall comply with
the minimum yard dimensions for the zone and
district in which the building or use is
located.
(b) The existing nonconforming side yard setback -
shall be no less than three (3) feet in width,
with the exception of existing legal non-
conforming exterior stairways, which shall
comply with all applicable provisions of the
Uniform Building Code as most recently adopted
by the City, with the exception of the required
setback.
(,G) The existing nonconforming front yard setback
shall deviate no more than ten percent (10 %)
from the current minimum front setback.
(d) The existing nonconforming rear yard setback
shall deviate no more than ten percent (10 %)
from the current minimum rear setback.
(Ord. No. 1274; Ord. No. 1315; Ord. No. 1361)
B. Procedure.
1. Consent Calendar Plan Review - Any person desiring to
apply for consent calendar plan review approval by
the Planning Commission pursuant to this section
shall submit an application, required plans and
property owner list to the Department of Development
Services together with payment of the minor plan
review fee 14 days prior to the Planning Commission
meeting. Notice of the application for consent
calendar plan review shall be given to all property
owners and to all addresses within 100 feet of the
exterior boundaries of the property.
2. Inspection - Any person requesting approval pursuant
to Section 28- 2407(A)(2)(h) or (i), Section 28 -2407
(A)(3)(a) or (b) or, Section 28- 2407(A)(4)(a) or (b)
(Seal Sea 8/00) 8711
Zoning
S 28 -2407 S 28 -2408
for any building which was constructed prior to 1965,
shall request a special investigation of the subject
property prior to filing such an application.
The Building and Safety Division, after the
investigation request is made and fees paid pursuant
to the Uniform Building Code, shall inspect the
subject site and building, both internally and
externally, to determine the condition of the site
and building, including but not limited to the
wiring, plumbing, structural integrity, roofing and
condition of the walls, ceiling, floors and garage.
(Ord. No. 1192; Ord. No. 1361; Ord. No. 1397)
Section 28 -2408. Nonconforming Nonresidential Buildings and
Uses May Not Be Enlarged or Structurally Altered. No
nonconforming nonresidential building may be enlarged or
structurally altered nor nonconforming use expanded unless such
enlargements, structural alterations or expansions make the
building or use conforming, or unless this section specifically
provides for such enlargement, alteration or expansion.
A. Where'a building or buildings are nonconforming only by
reason of substandard yards or open spaces, the provisions
of this chapter prohibiting enlargements, structural
alterations or expansions shall not apply; provided that
any enlargements, structural alterations or expansions
shall not further reduce the size of required yards and
open spaces.
B. Commercial centers of twenty (20) acres or greater in size
which are nonconforming only by reason of inadequate
landscaping may be structurally altered or enlarged
subject to the following provisions:
1. Commercial centers with seven (7) percent of its
total lot area devoted to landscaping may be enlarged
or structurally altered as provided by this chapter
with the issuance of a building permit.
2. Commercial centers with less than seven (7) percent
of its total lot area devoted to landscaping may be
enlarged or structurally altered as provided by this
chapter only upon the approval of a conditional use
permit. Such conditional use permit shall establish
a landscaping program indicating the procedure and
schedule whereby seven (7) percent of the center's
lot area shall be landscaped. Following the approval
of the initial such conditional use permit for a
8712 (Seel Beach 8/00)
Seal each City Code
S 28 -2408 S 28 -2408
commercial center, subsequent structural alterations
and enlargements may be approved for that center with
the issuance of a building permit, provided that the
center remains in compliance with the terms and
conditions of the conditional use permit.
a. Procedure: All applications for a conditional
use permit filed pursuant to the above
requirements shall be accompanied by the
proposed landscape program and schedule and a
site plan of the entire shopping center, drawn'
to scale and indicating, but not limited to, the
following information:
• i. Lot dimensions
ii. Location, size and total square footage of
all buildings and structures
iii. Location and number of parking spaces -
iv. Pedestrian, vehicular and service access
v. Common areas
vi. Location and square footage of existing
landscaping
b. Approval of Landscape Program: The Planning
Commission shall approve a proposed landscape
program if such program provides for the
installation of the required amount of
landscaping within a reasonable period of time
as determined by the Commission; taking into
consideration, among other factors, the total
lot area of the center, the number of businesses
within the center, the existing amount of
landscaping, and the cost to comply with the
landscaping requirements of this chapter.
(Ord. No. 1252)
C. where a building or buildings located within the Main
Street Specific Plan area are nonconforming only by reason
of an inadequate number of parking spaces, the provisions
of this chapter prohibiting enlargements, structural
alteration or expansion shall not apply, provided:
(Sea1 .$each a /00) 8713
Zoning
S 28 -2408 S 28 -2408
1. that any enlargements, structural alterations, or
expansion shall not further reduce the existing
number of parking spaces, and ,
2. new parking spaces shall be supplied to meet the
parking requirements for the difference in building
area between the existing building and new building,
and
3. new parking spaces shall be supplied to meet the
difference in parking requirements for the existing
building between the prior use and the new use.
Where property owners cannot meet off - street parking
requirements, permits may be granted if said owners
instead pay an in -lieu parking fee pursuant to the
provisions of Section 28 -1257.
(Ord. No. 1406)
8714 (Seal Beach S /OD)
City of Seal Beach
Menlo •
To: Mayor Larson & Members of the City Council
From: Mac Cummins /74-C.,
CC: John Bahorski, City Manager
Date: 11/12/02
Re: Non conforming residential projects in development "pipeline"
Mayor Larson & Members of the Council,
Staff has provided this memo as supplemental information to the Memo which was
provided in'your packets in reference to the emergency ordinance relating to
• additions to Non - Conforming residential projects. Staff has provided you with
reference material on all nonconforming residential addition applications before the
Planning Commission from 1999 to present and their status in the development
pipeline. All applications heard before the Planning Commission during this time
period were approved; sometimes with modifications. This information is intended to
give a historical reference point regarding how many applications the City receives
each year for these types of additions, and how many proposed residences would be
affected by the emergency ordinance, if adopted this evening. The City Attorney will
advise the Council as to which of these projects have "vested" rights, and which ones
would be subject to the ordinance, if adopted. Attached to this memo, the Council will
find a chart detailing the projects, their status into one of three categories (No building
permit issued; Under construction; and Built) and the draft Ordinance.
Mac Cummins
-
Associate Planner /Special Projects Manager
Attachments (2)
1. Chart showing development pipeline for additions to non - conforming
residential projects
2. Draft ordinance
•
•
r
• Non Conforming Residential Additions 1999 - 2002
Address Application No Building Permitted Built
Permit Under Construction
Issued
•
1999
235 8th St. MPR 99 -1 6/2/1999
1207 Ocean Ave MPR 99 -2 6/27/2001
1531 Seal Way MPR 99 -3 Permit Expired
1215 Seal Way - MPR 99-4 10/20/1999
1100 Ocean Ave MPR 99 -6 10/10/2000
1001 Electric Ave CUP 99 -11 2/19/2000
209 13th St. MPR 99 -10 5/4/2000
2000 -
919 Ocean Ave MPR 00-4 11/21/2001
308/310 Ocean Ave CUP 00 -6 9/5/2001
617 Ocean Ave. CUP 00 -12 X
241 17th St. MPR 00 -3 1/10/2002
615 Ocean Ave CUP 00 -3 7/10/2002
2001
• 515 Ocean Ave. MPR 01 -1 6/12/2002
1101 Seal Way MPR 01 -3 6/24/2002
809 Ocean Ave. #3 MPR 01-4 X
1110 Electric CUP 01 -4 3/6/2001
320 Central CUP 01 -7 11/8/2002
2002
B -106 Surfside CUP 02-4 X
139 12th St. CUP 02 -13 3/29/2002
226 4th St. CUP 02 -15 X
1210 Electric CUP 02 -16 X
NOTE: Dates shown are for permit issuance dates for those projects still under constrcution
and final inspection dates for those projects under the 'Built" category
III
•
• ORDINANCE NO.
AN INTERIM ORDINANCE OF THE CITY OF SEAL BEACH ENACTED
PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65858
PROHIBITING MAJOR STRUCTURAL ALTERATIONS, ENLARGEMENTS AND -
EXPANSIONS TO CERTAIN NONCONFORMING RESIDENTIAL BUILDINGS
AND USES DURING THE PENDENCY OF THE CITY'S REVIEW AND ADOPTION
OF RELEVANT PERMANENT ZONING REGULATIONS AND DECLARING THE
URGENCY THEREOF
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council finds that City residents are likely to submit
applications for major structural alterations, enlargements and expansions to
nonconforming residential buildings and uses in the near future pursuant to Subsections 3
and 4 of Section 28 -2407A of the Code of the City of Seal Beach ( "City Code "). Those
Sections currently conditionally permit certain modifications to nonconforming
residential buildings and uses, and under these provisions many residents have
constructed improvements that have made nonconforming buildings and uses more
permanent. There is also currently a severe shortage of parking within the City, and
• many properties do not comply with City Code requirements for maximum density and
minimum setbacks. However, the City Code allows for the expansion, enlargement, and
structural alteration of residential buildings and uses which are nonconforming with
respect to density, setbacks, and parking. As a result of the proliferation of applications
for such property renewals, the problems with inadequate parking, excessive density, and
nonconforming setbacks have become exacerbated. The Planning Commission, this City
Council, and the people of Seal Beach require a reasonable, limited, yet sufficient period
of time to consider and study legally appropriate and reasonable policies regulating
nonconforming residential buildings and uses. Given the time required to undertake the
study and planning necessitated by the proliferation of applications, the City Council
finds that it is necessary that this interim ordinance be adopted, to ensure that
improvements to buildings and uses that may be in conflict with the contemplated new
development policies are not permitted in the interim. The City Council has the authority
to adopt an interim ordinance pursuant to the City Charter and Government Code Section
65858 in order to protect the public health, safety, or welfare.
Section 2. Notwithstanding any other ordinance or provision of the Seal Beach
City Code, no application for a conditional use permit for the major structural alteration, •
enlargement or expansion, as those terms are used in Section 28 -2407 of the City Code,
of a residential building or use in the City shall be approved during the term of this •
Ordinance or any extensions thereto. The City of Seal Beach hereby prohibits any such
use that may be in conflict with a contemplated general plan, specific plan, or zoning
proposal that the legislative body, planning commission or the planning department is
• considering or studying or intends to study within a reasonable time.
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. S7296\0001\713268.1
• Section 3. This Ordinance shall expire forty -five (45) days after the date of
adoption unless .extended by the City Council, at a regularly noticed public hearing,
pursuant to California Government Code Section 65858. The City Council hereby directs
the City Clerk to notice a public hearing to consider extending this interim ordinance for
December 9, 2002.
Section 4. The City Council hereby finds that it can be seen with certainty that -
there is no possibility the adoption of this Ordinance, and establishment of the prohibition
hereby, may have a significant effect on the environment, because the prohibition will
impose greater limitations on development in the City, and will thereby serve to reduce
potential significant adverse environmental impacts. It is therefore exempt from
California Environmental Quality Act review pursuant to Title 14, Section 15061(b)(3) of
the California Code of Regulations. -
Section 5. Based upon the foregoing, the City Council finds that there is a current
and immediate threat to the public health, safety, and welfare presented by the major
structural alteration, expansion or enlargement of nonconforming residential buildings
and uses. In the absence of immediate effectiveness, the approval of conditional use
permits for the major structural alteration, expansion or enlargement of nonconforming
residential buildings and uses will result in a threat to the public welfare. Due to the
foregoing circumstances, it is necessary for the preservation of the public health, safety
• and welfare that this Ordinance take effect immediately.
Section 6. Violation of any provision of this Ordinance shall constitute a
misdemeanor and shall be punishable by a fine not to exceed one thousand dollars
($1,000) or by imprisonment for a period not to exceed 'six (6) months, or by both such
fine and imprisonment. Each and every day such a violation exists shall constitute a
separate and distinct violation of this Ordinance. In addition to the foregoing, any
violation of this Ordinance shall constitute a public nuisance and shall be subject to
abatement as provided by all applicable provisions of law.
PASSED, APPROVED and ADOPTED this _ day of November, 2002.
ATTEST:
CITY CLERK MAYOR
APPROVED AS TO FORM:
• CITY ATTORNEY
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