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HomeMy WebLinkAboutCC AG PKT 2013-05-13 #D 5EA AGENDA STAFF REPORT DATE: May 13, 2013 TO: Honorable Mayor and Members of the City Council THRU: Jill R. Ingram, City Manager FROM: Jim Basham, Director of Community Development SUBJECT: MUNICIPAL CODE AMENDMENT 13-5 REGARDING NONCONFORMING USES SUMMARY OF REQUEST: That the City Council waive further reading and adopt Ordinance No. 1626 approving Municipal Code Amendment 13-5 regarding nonconforming light manufacturing uses or structures in a residential zone. BACKGROUND AND ANALYSIS: On April 22, 2013, the City Council conducted a public hearing for consideration of this matter and introduced the Ordinance, which would add a new Section 11.4.40.070 to govern 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. ENVIRONMENTAL IMPACT: 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. LEGAL ANALYSIS: The City Attorney has reviewed the draft ordinance and approved as to form. Agenda Item — Q FINANCIAL IMPACT: There is no immediate financial impact to the City as a result of this proposed action. If, in the future, a property affected by this Code Amendment were to be developed as a residential use, the City could potentially realize increased property tax revenue as well as a potential sales tax benefit from new residents who would patronize local businesses. RECOMMENDATION: That the City Council waive further reading and adopt Ordinance No. 1626. S MITTED OY: NOTED AND APPROVED: Jir Basharn Ingram, City "a ager D rector of Community Development Attachment: A. Ordinance No. 1626 Page 2 ORDINANCE NUMBER 1 626 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 2. 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 Seal Beach City Council at a regular meeting held on the 13th day of May 2013. 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 22nd day of April , 2013 and was passed, approved and adopted by the City Council at a regular meeting held on the 13th day of May , 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 1626 has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. City Clerk