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Home My WebLink AboutCC Ord 1502 2003-05-12 ORDrnANCE NO. /~.:(., I AN rnTERIM ORDrnANCE OF THE CITY OF SEAL BEACH, EXTENDrnG INTERIM ORDINANCE NO, 1498, AN INTERIM ORDINANCE OF TI-IE CITY OF SEAL BEACH ENACTED PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65858' PROHIBITrnG MINOR OR MAJOR STRUCTURAL ALTERATIONS, ENLARGEMENTS AND EXPANSIONS TO CERTAIN NONCONFORMrnG RESIDENTIAL BUII;..DrnGS AND USES DURrnG THE PENDENCY OF THE CITY'S REVIEW AND ADOPTION OF RELEVANT PERMANENT ZONrnG REGULATIONS AND DECLARrnG THE URGENCY THEREOF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY ORDAIN AS FOLLOWS: I Section 1. Ordinance No. 1498 is hereby extended to and including March 26, 2004. The Findings set forth in Ordinance No. 1498 are hereby incor.porated by this reference. Section 2. With the exception of Interim Ordinance No. 1498 which, if not extended hereby, would expire on May 28, 2003, the City Council finds that City residents are likely to submit applications for minor or major structural alterations, enlargements and expansions to nonconforming residcntial buildings and uses in the near future pursuant to Subsections 2, 3 and 4 of Section 28-2407 A 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 dcnsity and minimum setbacks. However, the City Code allows for thc 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, thc problems with inadequate parking, excessive density, and nonconforming setbacks have become exacerbated. ' I In the absence of immediate effectiveness, the approval of minor plan reviews or conditional use permits for the major structural altemtion, expansion or enlargement of nonconforming residential buildings and uses pursuant to Subsections 2, 3 and 4 of Section 28-2407 A of the Code of the City of Seal Beach 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 The City of Seal Beach intends to conduct studies forthwith to determine whether the expansion of and/or the addition to a legal non-conforming residential structure or use is: consistent with the goals and objectives of the Geneml Plan and proposed Local Coastal Plan; compatible with surrounding commercial and residential uses; or contmry to the public health, safety and welfare. Pending such studics, and the preparation and adoption of the appropriate zoning regulations, it is necessary for the immediate Ordinance Number ;I~~ preservation of the public peace, heaith, safety and welfare that no expansion of and/or the addition to a legal non-conforming residential structure or use be developed, constructed or established within the City. City staff has undertaken studies to review the impact of such additions and expansions of legal non-conforming residential structures and uses, and those studies have not been completed. It would defeat the purposes ofInterim Ordinance No. 1498 to permit the Ordinance to expire until the studies are completed and a permanent ordinance is prepared and adopted. Expimtion of the regulations contained in Ordinance No. 1498 could permit additions and expansions of legal non-conforming residential structures and uses that could be inconsistent and incompatible with existing uses in the subject area. The public health, safety and welfare require that no further expansion of and/or the addition to a legal non-conforming residential structure or use, be constructcd within the City until the City Council adopts adequate land use controls regulating such structures and uses. I 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 of the Code of the City of Seal 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 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 ahd welfare that this Ordinance take effect immediately. Section 3. Notwithstanding any other ordinance or provision of the Seal Beach City Code, no application for a minor plan review or conditional use permit 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 addition or expansion 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. I Section 4. This ordinance is hereby declared to be an emergency measure for preservation of public health, safety and welfare and shall take effect immediately and shall remain in effect until March 26, 2004, unless it is extended or repealed by this City Council. Section 5. This Ordinance shall be adopted by four-fifths (4/5) vote of the City Council and shall be effective immediately upon such vote. Section 6. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published as required by law. Section 7. 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 implisonment 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. I Section 8. 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 persons or circumstances, shall not be effected and shall continue in full force and effect. To this end, the provisions of this Ordinance are severable. Ordinance Number /~ PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Bea t a meeting thereof held on the 1..2~ day of 2003. I ~ I-l Lo tsW' Mayor STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF SEAL BEACH } } SS } I, Joanne M. Yeo, City C~erk of the City of Seal Beach, California, qoJll:reby certifY that the foregoing ordinance is an original copy of Ordinance Number /.:JC-~ on file in the office of the City Clerk, passed, approved and adopted by the City Council o[the City of Seal Beach, pursuant to the qtx~arter and Govemment e Section 65858, at a meeting held on the loZ ... day of 2003 by the following vote: I AYES: Councilmembe NOES: Councilmembers ABSENT: ABSTAIN: Councilmembers and do hereby further certifY that Ordinance Number /S;;,tl, has been published pursuant to teal Beach City Charter and Resolution Number 2836. I Ordinance Number ~~~ PROOF OF PUBLICATION (2015.5 C.C.P.) Th s space is for the County CII'rk's Filing Stamp 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, ~\ newspaper o(gener~J circulation. printed and pUbliSi:iee .weekly}n the . h ~ ".,....~ CIty of Seal:.Eleach. .County.;9f Orange ana~~~r~~lt'~1l1;er has been adJudgea"a:r.lewsp~er qf general 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: I Pre of of Publication of ....1.. ..... lOO11C'E lS'HEREBY GtVI!rl '~'I )hi"c.1y Council of thl Clly ot" Seal 13.cr. wlli "old ........ 'I pu~ic: tlHl1ng on Monaav. MQ' 12. 2003. t..... at 7:00 p..m. In me CnyoCaunrcll 'CPWnrib8'l's, !ll!', E1g)lnPl $trett: '$i!MII BlIkr.' C.lrfomilr,'1 to con.dar th. rblfoWlng IhhYf EXTENstON OF TIME ..INTER.U DRDINANCE Mil. t4h MDRATDRIUM CIq THE' ExPAHSlD~ DR ADDmOH TO LEGAL NDNoCDNFORMo IPIIl RESfDENrlAL STRUCTURES WITHIN TIlE CITY OF SEAL BEACH <5 jn I/D3 . all in the year 2003. R"qu"SI~ Ta 8W1.nd the -etteeli'Ie. 6ertocl af "Ordlnllncl No, 1498, An Int"lm or"""""" 01 lh. elty 01.50.1 B_.." .e"ICrbd Pursuant II:S'. CelJfomla Oovlrl1ment . elide Secrlon BSB6B Pl'DhIblclng Minar or MljClr StNOhlral ,Alterations. EntBrgtm,"1I And EzpInalDna lei Cert.fn Nanc:Onrormlng R..ldlnll.. 8uf1~nO!l ina u.. During. PllndGney of 1110 CIty'. -R...... IIhd .Mo~on of oRIIM1It P8rmanent Z'anIrIg. Re;u11dlon8 IrIld 0_.; "'" Ur;o"" 1lIo....... far an -, ton (10)........m! R_116J days. ~t".u.m to (]av'l'nmonl Cod. SoCllan 6S!I08!O). ' I I!nwll.llo...._..W Raw_ - '1'1U ProiOCl I' 08l8godClllly ""ompr '- CEOA ~aw. I certify (or declare) under penally of perjury that the foregoing is true and correct. Code gec:tOIll: G.......- '- Soe\IcoIlI5ll51l(at. C",," 0/'" Clly 01 Snl BOadl. 21'1~41 Dated at Seal Bea lhis~day (\f ,2003. Appllr:llflt: Cltyof_Bo."" At .... iIIbcM IIJftI' and pi'" 811 rnrarwlftld pIImcn. """ "- hnrcIlIlG dlnllrect. rr ~u a,.....onge ..,. ,""aeed ac:Ion8 In court. ,au may b, Imked 10 railing ani)' thole \ssuIe )CIu or lomeon. _.1 nll..d lib publk: PMllrfng doICltbld In Ihlll notice, 01' In Wlftlan corrnpondencJ delMlrlcl to the CIty or 9.11I B..d'I BL or prlar to. tho public n..rlng, Signature PUBLICATION PROCESSED BY: THE SEAL BEACH SUN 216 Main Street Seal Beach, CA 90740 (562) 430-7555 OATEO Thl, 29t/1 dsf 01 APr1\ 200' C";nool) Jo.nna M. '$0 CllyCI... ..ntIUIJCl:Notr-Confarmll,.g Im.rlm , IEFT..oC\LWlDd002i'03 Pub. Snlllloaeh SUn J"",nll 0GI0112oO., I Ordinance Number ~~ PROOF OF PUBLICATION (2015.5 C.C.P.) This space is for the County Clerk's Filing Stamp STATE OF CALIFORNIA, County of Orange I 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 circulatiC?n, 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 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: 5/09 all in the year 2003. Proof of Publication of : NOTICE OF I ' ~UBLlC H~RING ......... NonCE IS HEREBY GIVEN .............. I that the City Council ot the , City 01 Soal Beach 10111 hald a I public h..rlng on Monday, ......... May 1~ 2D03, at 7:00 p.m. In ,............. the City Council Ch.mb..... : 211 EIghth ~ SaaI Boach, California, to conaiderthe 101- I lowing Item: " , EXTENSION OF nME INrERIM OROINANCE NO. 1498 I . MoratorIum on lh. ."PAn.. elan or addition to legal non- conforming reeldenUalltruc- lure. wlthrn the city 01 Seal B_. Request: . To extend the enedtve penod of .Ordlnance No.149B, an Intenn Ordinance of the City of -__"""-10 I California Government Code SecUon 65858 prohIblbng minor or mBJOl stnJctulal alterations, r enlargements and expansions I to certain nonCOnfORnlng real- _ buIId1ngs and uoas a.nng ~ the pendency of the City's , I'8VIBW and adoption Of relevant permanent zoning regulations anddflclllllng ""'_...... or-, for an additional ten (10) . montho and Ilfteon (15) doya, . pursuant to Government COde : ooct!o-!, 65.1!~~(a), _ .. .. . I Dated at Seal Beach, CA, this~day of ~o..v , 2003. ~~ Signature PUBLICATION PROCESSED BY: THE SEAL BEACH SUN 216 Main Street Seal Beach, CA 90740 (562) 430-7555 Environmental Review: This project Is categorically axampt from CEQA raviaw Code SectIons: . Government Code Section 65858(8); Code of the City of SaaI Boach, 28-1252(4) Ar,pllcant: C Iy 01 Sool Beach AJ Ihe atxwe time and place aI Inte,es'sd pelsons may be heard If so desired. If you chaJ. lenge the proposed aCUons In court, you may be Imlted to 1'818- Ing only those Issues you or someone else raised at the pub- , lie hearing described In thiS . notice, or In written corraspon- I denes d&llvered 10 the City of I.Seal Beach at, or pnor to, the p1lIlIJc -S- OATeD This 29th day 01 April, ,2003, I certify (or declare) under penalty of perjury that the foregOing is true and correct. I . Joanne M. Yeo CI\yClsrk r Pub. SeaJ Beach Sun-Journal '-51812003. Ordinance Number /G.t PROOF OF PUBLICATION (2015,S 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 OranQe, 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: SIll I Proof of Publication of ............................................... all in the year 2003. ............................................... SUMMARV _ ORDINANCE NUMBER i5D2 NONt:oNFORlIlNO BESIDENn~l BUILDINGS - URnI!N~Y llnlmance Number 1502 of 1110 CIty of SooI II-. _'ntor- 1m O~lnanC8 Number 1498 for o ponod 0' ton (10) montho end !ftoon (15) cloys, os O"owed by State law, whICh pronlbls minor or mBjor structural afteratlOns. enlargements and expansions to CBrtaJn nonconforming resl- donllol btnld/ngs oncI uses during the pendency of the City's l'8VIew and adopbon of relevant permanent zoning regulatlons, and declaring the urgency 1I10roof, which WOO adopted by the City Council at a regular meeting thereof held on May 1211I, 2003 by tho IoUowrng_: AVES: Anloo, Compboll. Ocono. latBon, Vost NOES: None . Caples of Ordinance Numbsr 1502 are available from the oftico 011110 CIty Clorl<, CIty HoIl 211 - 8th Street, Seal Beach; tolophono (562) 43'.2527. i:a~D This 13lt1 day 01 May, Joanno M. Voo, City CIorl< City 01 Soo' Boac:h Pub SBaJ Beach Sun JoumaJ 0SI22J2003. I I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated a~eal Beach, CA. ~;s !:r-a Signature PUBLICATION PROCESSED BY: THE SEAL BEACH SUN 216 Main Street Seal Beach, CA 90740 (562) 430-7555 ,2003. I