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Home My WebLink AboutCC Ord 1498 2003-04-14 ORDINANCE NO. /t/~ AN INTERIM ORDINANCE ,OF THE CITY OF SEAL BEACH ENACTED PURSUANT TO CALIFORNIA GOVERNMENT, CODE SECTION 65858 PROHIBITING MINOR OR MAJOR STRUCTURAL ALTERATIONS, ENLARGEMENTS AND EX;P ANSIONS TO CERTAIN NONCONFORMING RESIDENTIAL BUILDINGS ANp USES DURING THE' PENDENCY OF THE CITY'S REVIEW AND ADOPTION OF RELEVANT PERMANENT ZONING REGULATIONS AND DECLARING THE URGENCY THEREOF I 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 minor or major structural alterations, enlargements and expansions to nonconforming residential buildings and uses in the near future pur$uant to Subsections 2, 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 I minimum setbacks. However, the City Code allows for the expansion, enlargement, and structural alteration of residential buildings and uses which are nonconfonning 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 t!> undertake the study and' planning necessitated by the proliferation of llPplications, 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, ~r welfare. Section 2. Notwithstanding any other ordinance or provision of the Seal Beach City Code, no application for a minor pl,an review or conditional use pennit for the minor or major structural alteration, enlargement or expansion, as those terms are used in Subsections 2, 3 and 4 of 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 I body, planning commission or the planning department is considering or studying or intends to study within a reasonable time. 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 May 12,2003. I I I , Ordinance Number I'~lf 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 ofthe 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 selVe to reduce potential significant adverse environmental impacts. It is therefore exempt from California Environmental Quality Act review pursuant to Title 14, Section 1506l(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 minor or major structural alteration, expansion or enlargement of nonconforming residential buildings and uses pursuant to Subsections 2, 3 and 4 of Section 28-2407A,ofthe Code of the City of Sc;al Beach.' In the absence of immediate effectiveness, the approval of minor plan reviews or conditional use permits for the major structural alteration, expansion or enlargement ofnonconfonning 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 oflaw. Section 7. Severability. If any part or provision of this Ordinance, or the application to any person or circumstance, is held invalid, the remainder of the Ordinance, including the application of such part or provision to other pe.rsons or circumstances, shall not be effected and shall continue in full force and effect. To this end, the provisions of this Ordimince are severable. ' Section 8. This Ordinance shall be adopted by four-fifths (4/5) vote of the City Council and shall be effective immediately upon such vote. Section 9. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published as required by law. PASSED, APPROVED AND ADOPTED by the City C~il of the City of Seal fJe~~eeting thereof held on the ,/. , day of ,2003. ~~~ Mayor Ordinance Number I',c~~ STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Joanne M. Yeo, City Clerk of the City of Seal Beach, California, do he~e~ certify tllat the foregoing ordinance is an original copy of Ordinance Nuniber /yge on file in the office of the City Clerk,' passed, approved and adopted by the City Council of the City of Sc:al Beach, pursuant to the C~~harter and Government Co Sec~ion 65858, at a meetmg held on the /. - day of ~ 2003 by the following vote: A YES: councilmembe4~~ ~hjL~//, k~ ~A1<.f!rZ- NOES, Cauncil_~ ABSENT: councilmembers~ and do hereby certify that Ordinance Number 1496' has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. I I I I I I Ordinance Number I'~~t? PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, County of Orange This space is for the County Clerk's Filing Stamp 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 Oral'!ge, 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: Proof of Publication of ............................................... ............................................... I . SllIiMARY:" ORDINANCE NUI!BER 1418' OrdInance Number 1498 of the I c~ of Seal Beach was enact. ; eel pursuant to CalIfornia G0v- ernment COde Saon 65858 to : prohibit minor or malor sttuctur- , aI alterabons, enlargements and expanSions to certain noncon- I forming residential bullcings and . uses during the pendency of the CIly's_ snd sdopbon 01 rel- evant permanent zoning regu- I lations, and declared mteRm Qrdjnance Number 1498 to be an urgency Said Ordinance Number 1498 shall expire forty- _ five days after adoption unless extended through means of B noticed public heanng on May 12th, 2003. Ordinance Number ,- - - -. . - '1498 was in!rpduced snd adopt- ed at the rejlular City Council meeting 01 April 14th, 2003 by Ills ""lowing vol.: AYES: AnloS, Campbell, . .' Doane, LaI'8Ol'l 1 NOES: Yosl ,.ABSENT: Non. M t. earned I Copies of Ordinance Number 1498 are available from the oIIIce 01111. CIty Clerk, City Hell. 211 .-; 8th Streel, Seal Beach; .lel.ph"'!. (562) 431-2527." DATED This 15111 day of Ap~I, 2003:. _ I;,j~~';- M. ~.o. City Clerk : ,~I!y.of See! Beach i ' Pub.' Seat Beach Sun Joumal ~04I24I2CJ03. :'":'...,-. '~/).y all in the year 2003. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated alJeal Beac~A\ \ this 'Js day of lrl ~J ~it Signature PUBLICATION PROCESSED BY: THE SEAL BEACH SUN 216 Main Street Seal Beach, CA 90740 (562) 430-7555 ,2003.