HomeMy WebLinkAboutCC Ord 1514 2004-01-12
ORDINANCE No.lj/I
AN INTERIM ORDINANCE OF THE CITY OF
SEAL BEACH ENACTED PURSUANT TO
CALIFORNIA GOVERNMENT CODE
SECTION 65858, PROHIBITING THE
ISSUANCE OF BUILDING PERMITS AND
OTHER LAND USE ENTITLEMENTS fOR
ANY ADDITIONS TO DWELLING UNITS IN
TI-IE BRIDGEPORT AREA DURING THE
PENDENCY OF THE CITY'S REVIEW AND
ADOPTION OF PERMANENT ZONING
REGULATIONS iF-OR SUCH USES AND
DECLARING THEmRGENCY THEREOF
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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 prohibiting thc increase, enlargement, expansion of, or addition
to dwelling units on the following rcal property within the City: (I) Lots 1-41 and Lots
43-66 inclusive of Tract 6345 as shown on a map recorded in Book 243, pages 27, 28,
and 29 of miscellaneous maps, records of Orange County, California; and (2) Lots 1-76
inclusive of Tract 6346 as shown on a map recorded in Book 251, pages 8, 9, and 10 of
miscellaneous maps, records of Orange County, California. This real property is
collectively referred to herein as the "BridgepOlt Area." For purposes of this Ordinance,
the tenns "addition" and "dwelling unit" have the meanings set forth in tile Unifonll
Building Code, .
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. SECTION 2. MOTatorium defined, Notwithstanding any other ordinance or
provision of the Code of the City of Seal Beach, except as pennitted by Section 4 below,
no application for a building pennit, conditional use permit, or any other entitlement for
an increase, enlargement or expansion of, or addition to dwelling units in the Bridgeport
Area shall be approved during the term of the moratorium established in Section I above.
SECTION 3. Moratorium tenn, This Ordinance shall expire, and the
moratorium established hereby shall terminate, forty-live (45) days after the date of
adoption unless extended by the City Council, at a regularly noticed public hearing,
pursuant to California Govemment Code Section 65858.
SECTION 4. HardshiD Exemption. An application for a building pennit,
conditional use pennit, or any other entitlement for an increase, enlargement or expansion
of, or addition to dwelling units in the BridgepOlt Area may be approved during the tenn
ofthe moratoriwll 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 documcntation
relied upon to support the hardship claim, A hardship exemption application must be
filed no later than 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 tlmt denial of the exemption and enforcement of the moratorium against
the applicant's propelty would result in the applicant bcing deprived of all economically
viable use ofthe property.
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SECTION 5. CEOA Findinl!:, The City Council hereby finds thut it cun be seen
with cCltainty that there is no j:cssibility the adoption of this Ordinance, and
establishment ofa moratorium herw.f, may have a significant effect on the environment,
Ordinance Number I'~~
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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 1506r(b)(~)(jf-the Califomia Code of Regulations.
A \ ~ <, I" ",..1':\
(,~tTi'ON 6: J!e-naltv. Violation 'vf any provision of this Ordinance shall
constitctfe" a misderile'anor an'll shall be punishahle by a fine not to exceed one thousand
dollaf.s ($I,OOO)'oI)~ imprisonment for a period not to exceed six (6) months, or by both
such fine and impriJonment.lEach and every day such a violation exists shall constitute a
separate 'llI}.d. distinct "v1olafion of this Ordinance. In addition to the foregoing, any
violatio}o~sl:.orainarice shall constitute a public nuisance and shall be subject to
abatement as providf<(by all applicable provisions of law, '
SECTION 7, Legislative Findings, The City Council finds that Seal Beach
residents and property owners are likely to submit applications for an increase,
enlargement or expansion, or addition to dwelling units in the Bridgeport Area in the near
future, City staff already has reviewed plans for a single-story addition to a residence in
the Bridgeport Area. That project has been reviewed by the Building Department as part
of the plan check process, although a building pennit has not yet been applied for or
issued for the project.
The Bridgeport Area is unique in that it is subject to multiple, conflicting
development regulations, Parcels comprising the Bridgeport Area are in District II of the
City and are zoned Residential Low Density. These properties are subject to Precise
Plan PP-I-66, which was- established by the City Council in 1967. The properties also
are subject to the Riverfront Redevelopment Plan, which was adopted by the City
Council in 1969, The development regulations of the zoning ordinance, Precise Plan PP-
1-66 and the Riverfront Redevelopment Plan conflict in substantive aspects such as
permitted lot coverage, minimum lot size, setbacks and garage location,
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The City intends to study, within a reasonable time, the adequacy of its existing
ordinances regulating development in the Bridgeport Area, 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 the Btidgeport Area properties in order to
resolve the conflicting regulatory scheme that currently exists. Given the time required to
undert~e 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 improvements to
buildings and uses that may be in conflict with the contemplated new development
policies are not pennitted 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, safcty, or welfare,
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Accordingly, the City Counciltinds that there is a current and immediate threat to
the public health, safety and welfare presented by the increase, enlargement or expansion
of, or addition to dwelling units in the Bridgeport Area, In the absence of immediate
effectiveness, the approval of building permits, conditional use permits or any other
applicable entitlements for the increase, enlargement or expansion of, or addition to
dwelling units in the Bridgeport Area will result in that 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. This Ordinance is an
urgency ordinance for the immedi~te preservation of the public peace, health and safety
and therefore shall be passed immediately upon its introduction and shall become
effective immediately upon its adoption,
D, APPROVED AND ADOPTED by the City Council of. the City of Seal
t a meeting thereof held on the /.t l! day of
2004.
Ordinance Number ~~~
~;J&.~ P~Ju4
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
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I, Joanne M. Yeo, City Clerk of the City of Seal Beach, California, 4QJ1;ibY 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 'ty Council of the City
of Seal Beach, pursuant to the Cj~,fharter and Govemme Co ection 65858, at a
meeting held on the /.;1. :- day of 2004
by the following vote:
ABSENT:
Councilmembers
AYES:
Councilmember
NOES:
Councilmembers
ABSTAIN: Councihnembers
And do hereby further certify that Ordinance Number IG!i- has been published pursuant to
the Seal Beach City Charter and Resolution Number 2836,
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Ordinance NUmber~
PROOF OF PUBLICATION
l (2015.5 C.C.P.)
TATE 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 SU~. 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 Orange, State
of California, under the date of
12/24175. 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 /2ZI 04
all in the year 2004.
Proof of Publication of
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. SUMMARY .
ORDINANCE NUMBER 1&14
PROHIBmNG ISSUANCE
BUILDING PERMITSlLAND
ENTITLEMENTS '
BRIDGEPORT -URGENCY
. Ordinance Number 1514 of
!he CIIy of Se" Beach PlOhllNlli
the Ios~ance of building 118nni1s
and land"use entitlement, for
any addfllons fo dweJlJng unJ.s
In the Bridgeport arel during
Ihe oendenciI 0111)10 Clly'e flMeW
and adopUor1 of permanent z0n-
Ing regulations for such USes
Ordinance Number 1514 was
Introduced at the regular Clly
Counal mll8llng 01 JeIi_ 12th
2004 BI1d' adopted as an Uf'gerw:Y
ordinance by the foNowlng vote.
A YES' Anlos, Campbell I
Doane. Larson . I.
NOES. None
ried'BSTAIN: Yost, Mohon car-
Copies of Ordll1Bl1C8 Number
'514 are available from the
offJco of the Clly CIeri< Clly fjaI
211-BIhSboetSeelBOect.. '
phone (562) 431,2527 ' -
OATEO THIS 131h dey ~I
January, 2004.
Joanne M Yeo, Clly Clerk
Cfty of Seal Beach -
J Pub. Seel' Beach Sun
ournalll2~~OO4.
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Dated at Seal Be5h. CA.
this 22- day of ().nt '{if\} ,2004.
I
ignature
PUBLlCATI N PROCESSED BY:
THE SEAL BEACH SUN
216 Main Street
Seal Beach, CA 90740
(562) 430-7555