HomeMy WebLinkAboutPC AG 2013-04-03 #5 •'� F a
ITEM
PLANNING COMMISSION NUM ER
STAFF REPORT 5
4!Ul �f
TO: Planning Commission
FROM: Jim Basham, Community Development Director
DATE: April 3, 2013
SUBJECT: Municipal Code Amendment MCA 13-5 regarding non-
conforming uses
RECOMMENDATION: That the Planning Commission hold a public hearing
regarding the proposed Zoning Code amendment
regarding nonconforming uses, and after considering all
information and testimony presented, adopt the attached
Resolution (Attachment A) recommending that the City
Council adopt these amendments.
E
LEGAL NOTIFICATION:
The legal notice of this project was mailed to 138 property owners and occupants within
a 500-foot radius of the subject property on March 18, 2013 and published in the Sun on
February 28, 2013, with affidavits of posting and publication on file.
ENVIRONMENTAL:
4
i
Pursuant to the State of California Public Resources Code and State Guidelines for the
California Environmental Quality Act (CEQA), the Community Development Department
has determined that the proposed project is categorically exempt from environmental
review per Section 15060(c)(2) of the State CEQA Guidelines.
Municipal Code Amendment MCA 13-5
April 3, 2013
Page 2 of 2
ANALYSIS:
Chapter 11.4.40 of the Municipal Code set forth regulations governing uses and
structures that were legally established but have become nonconforming due to
subsequent changes in the Zoning Code.
The proposed Municipal Code Amendment would add a new Section 11.4.40.070 to
govem light manufacturing uses and structures made nonconforming by a City-initiated
action to rezone the property for residential use. Under such conditions, the property
could continue to be used for nonconforming light manufacturing uses and structures
consistent with the prior zoning and regardless of any other regulations pertaining to
nonconforming uses. The new Section would state:
"Nonconforming Light Manufacturing Uses or Structures in a
Residential Zone. Notwithstanding any other provision of the Zoning
Code, including but not limited to Section 11.4.40.045, any use or
structure legally established on a property previously zoned for light
manufacturing that is made nonconforming by the City-initiated rezoning of
the property for residential use may continue as or convert to any
nonconforming use or structure consistent with the prior light
manufacturing designation of the property."
CONCLUSION:
It is recommended that the Commission conduct the public hearing and consider
adoption of the attached resolution.
Prepared by:
John Douglas, AICP fm Basham
J.H. Douglas &Associates Director of Community Development
Attachment:
A. Resolution No. . 13-7 (MCA 13-5)
Exhibit:
A. Draft Municipal Code Amendment 13-5
RESOLUTION NO. 13-7
A RESOLUTION OF THE SEAL BEACH PLANNING
COMMISSION RECOMMENDING ADOPTION OF
MUNICIPAL CODE AMENDMENT 13-5 REGARDING
NONCONFORMING USES AND STRUCTURES
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
FIND AND RESOLVE
Section 1. On April 3, 2013 the Planning Commission held a duly noticed public
hearing to consider Municipal Code Amendment 13-5, which would amend the
Municipal Code regarding nonconforming uses as set forth in the draft ordinance
included as Exhibit A to this Resolution.
Section 2. Municipal Code Amendment 13-5 has been reviewed for compliance with
the California Environmental Quality Act, Cal. Pub. Res. Code § 21000 et seq. ("CEQA")
and the State CEQA Guidelines, 14 C.C.R. § 15000 et seq. The Planning Commission
finds that it is exempt from CEQA pursuant to Sections 15060(c)(2) and 15305 of the
State CEQA Guidelines.
Section 3. The Planning Commission recommends that the City Council adopt
Municipal Code Amendment 13-5.
PASSED, APPROVED AND ADOPTED by the Seal Beach Planning Commission at a
meeting thereof held on April 3, 2013, by the following vote:
AYES: Commissioners
NOES: Commissioners
ABSENT: Commissioners
ABSTAIN: Commissioners
Sandra Massa-Lavitt
Chairperson
ATTEST:
Jim Basham
Planning Commission Secretary
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EXHIBIT A
(DRAFT) ORDINANCE
AN ORDINANCE OF THE CITY OF SEAL BEACH
APPROVING MUNICIPAL CODE AMENDMENT 13-5
REGARDING NONCONFORMING USES
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS
FOLLOWS:
Section 1. The Municipal Code is hereby amended by the addition -thereto of a
new Section 11.4.40.070 to read as follows:
"Nonconforming Light Manufacturing Uses or Structures in a
Residential Zone. Notwithstanding any other provision of the Zoning
Code, including but not limited to Section 11.4.40.045, any use or
structure legally established on a property previously zoned for light
manufacturing that is made nonconforming by the City-initiated rezoning of
the property for residential use may continue as or convert to any
nonconforming use or structure consistent with the prior light
manufacturing designation of the property."
Section 10. The City Clerk shall certify to the passage and adoption of this
Ordinance and shall cause the same or a summary thereof to be published and posted
in the manner required by law.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Seal
Beach at a meeting thereof held on the day of_, 2013.
Gary A. Miller
Mayor
ATTEST: APPROVED AS TO FORM
Linda Devine
City Clerk Quinn M. Barrow
City Attorney
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STATE OF CALIFORNIA )
COUNTY OF ORANGE SS
CITY OF SEAL BEACH
1, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify
that the foregoing ordinance is an original copy of Ordinance Number on file in
the office of the City Clerk, passed, approved, and adopted by the City Council of the
City of Seal Beach, pursuant to the City Charter and Government Code § 36967(b), at a
meeting held on the day of_, 2013 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
and do hereby further certify that Ordinance Number has been published
pursuant to the Seal Beach City Charter and Resolution Number 2836.
Linda Devine
City Clerk
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