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Home My WebLink AboutCC Ord 1547-U 2006-06-26 ORDINANCE NUMBER 1547 1 AN INTERIM ORDINANCE OF THE CITY OF SEAL BEACH PROHIBITING THE ISSUANCE OF BUILDING PERMITS AND OTHER LAND USE ENTITLEMENTS IN' THE RESIDENTIAL MEDIUM DENSITY, DISTRICT I, AND RESIDENTIAL HIGH DENSITY, DISTRICT I ZONES FOR ANY CONSTRUCTION OF OR ADDITIONS TO ANY DWELLING UNIT IN EXCESS OF 25 FEET IN HEIGHT AND DECLARING THE URGENCY THEREOF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: SECTION I. Moratorium established. The City of Seal Beach hereby establishes a moratorium on construction, enlargement, expansion, and structural alteration of dwelling units in the Residential Medium Density ("RMD"), District I, and Residential High Density ("RHD"), District I zones, if the construction, enlargement, expansion, or structural alteration would result in a dwelling unit exceeding twenty-five (25) feet in height (hereinafter "Development Of Excessive Height"). SECTION 2. Moratorium defined. Notwithstanding any other ordinance or provision of the Municipal Code of the City of Seal Beach, except as permitted by Section 4 below, no application for a building permit, conditional use permit, or any other entitlement for Development Of Excessive Height shall be approved for property located in District I during the term of the moratorium established in Section 1 above. I SECTION 3. Moratorium term. This Ordinance shall expire, and the moratorium established hereby shall terminate, 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. SECTION 4. Hardship Exemption. An application for a building permit, conditional use permit, or any other entitlement for Development Of Excessive Height may be approved during the term of the moratorium established in Section 1 above if the applicant has obtained a hardship exemption from the City Council. Hardship exemption applications shall be filed in writing with the Director of Development Services and shall contain all documentation relied upon to support the hardship claim. A hardship exemption application must be filed no later than ten (10) days in advance of a regular meeting of the City Council in order to be considered at such meeting; otherwise the application shall be considered at the following regular meeting. The City Council shall grant a hardship exemption upon making a finding that denial of the exemption and enforcement of the moratorium against the applicant's property would result in the applicant being deprived of all economically viable use of the property. The City Council may consider other factors in order to determine hardship. I SECTION 5. CEQA Finding. 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 a moratorium hereby, may have a significant effect on the environment, because the moratorium 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 6. Penalty. 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 or' t~is Ordinance. In addition to the foregoing, any violation of this Or:dinance s4all.c04stitute a public nuisance and shall be subject to abatement as provided by aU~applic'abih provisions oflaw. ~.,.,.b:-''' I' a S :u .........,t.' ,. .~ r .-:"J!P . t.. "" .\,~) 't.. . ... .., '(' ~ ;'t."". . ~. '~:P , '. ..,' .....<- ~~,' ~:: .r.... ' ..roo.:: "-h \ .~i-' . . ~ " lI.II" ~\,.. ..... " '~~stiJJ.-/~" ~ Ordinance Number 1547 SECTION 7. Legislative Findings. The City Council finds that Seal Beach residents and property owners are likely to submit applications for construction, enlargements, expansions, and structural alterations of dwelling units in the RMD, District I, and RHD, District I zones, that would result in such dwellings exceeding twenty-five (25) feet in height. Developments Of Excessive Height could be built on approximately 400 parcels in the higher density zones in District 1. Based upon the testimony presented to the city council, a number of property owners are considering building Developments Of Excessive Height. Section 28-701A.l of the Seal Beach Municipal Code currently permits Development Of Excessive Height in the rear half of any lot with a width equal to or in excess of thirty-seven and half (3 7~) feet in the RMD, District I zone. Section 28.801.F of the Seal Beach Municipal Code currently permits Development Of Excessive Height in the rear half of any lot with a width equal to or in excess of thirty-five and half (37~) feet in the RHD, District I zone. However, lots in District I may not be suitable for Development Of Excessive Height due to the potentially adverse impacts on light, airflow, privacy and views to adjoining narrower residential properties that are restricted to a lesser building height. District I is very dense and congested. Development Of Excessive Height in District I would have detrimental effects on the adjoining narrower residential properties. 1 The City intends to study, within a reasonable time, the adequacy of its existing ordinances regulating development on lots with a width equal to or in excess of thirty- five (37Yz) feet in the Residential Medium Density, District I, and Residential High Density, District I zones. The Planning Commission, the 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 residential buildings and uses on such lots in order to prevent excessive heights of buildings on properties that cannot accommodate such heights and which will result in loss of privacy on adjoining properties, reduced natural light and ventilation, and visual blight. Given the time required to undertake the study and planning this situation calls for, the City Council finds that it is necessary that this temporary moratorium be declared to ensure that construction of or additions 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. 1 Accordingly, the City Council finds that there is a current and immediate threat to the public health, safety and welfare presented by construction, enlargement, expansion, or structural alteration that would result in a dwelling unit exceeding twenty-five (25) feet in height in the Residential Medium Density, District I, and Residential High Density, District I zones. In the absence of imm~diate effectiveness, the approval of building permits, conditional use permits or any other applicable entitlements for Development Of Excessive Height in District I will result in that threat to the public health, safety and welfare. Due to the foregoing circumstances, it is necessary for the preservation of the public health, safety and welfare that this Ordinance takes effect immediately. This Ordinance is an urgency ordinance for the immediate preservation of the public peace, health and safety within the meaning of Government Code Section 36937(b) and an emergency ordinance within the meaning of City Charter Section 416 and therefore shall be passed immediately upon its introduction and shall become effective immediately upon its adoption. PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at a ~eeting thereof held on the 26th day of June ,2006. 1 ckw L~~ Mayor ATTEST: cf,n~ r.U}1#~J City Clerk Ordinance Number 1547 ST ATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } 1 I, 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 1547 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 Section 65858, at a meeting held on the 26th day of June , 2006 by the following vote: AYES: Council Members ()na;o/ ~CVv.Uh7( ~kl ~ NOES: Council Members ~ ABSENT: Council Members ~ ABSTAIN: Council Members ~ And do hereby further certify that Ordinance Number 1547 has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. )/, . J. ~~ ~ 1 1 Ordinance Number 1547 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 g~neral 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: -J~. \~ 0 all In the ear 2006. I certify (or declare) under penalty of perjury that the foregoing is true and correct. ,2006. Signature PUBLICATION PROCE ED BY: THE SEAL BEACH SUN 216 Main Street Seal Beach, CA 90740 (562)'430-7555 This space is for the County Clerk's Filing Stamp 1 Proof of Publication of ............................................... ............................................... 1 1