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Home My WebLink AboutCC Ord 1516 2004-02-09 ORDINANCE NUMBER/~h AN INTERIM ORDINANCE OF THE CITY OF SEAL BEACH PROHIBITING THE ISSUANCE OF BUILDING PERMITS AND OTHER LAND USE ENTITLEMENTS FOR ANY CONSTRUCTION OF OR ADDITIONS TO DWELLING UNITS IN EXCESS OF 25 FEET IN HEIGHT UNLESS CERTAIN MINIMUM LOT DIMENSIONS EXIST AND DECLARING THE URGENCY THEREOF I THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: Section 1, Moratorium established. The City of Seal Beach hereby establishes a moratorium on construction, enlargement, expansion, and structural alteration of dwelling units, if the construction, enlargement, expansion, or structural alteration would result in the dwellings exceeding 25 feet in height (hereinafter "Development Of Excessive Height''), unless the Lot Width, Lot Front Line, and Lot Rear Line of the property are all at least 37.5 feet in length (hereinafter the "Minimum Dimensions for Development"), This moratorium shall not apply to lots where the Front Lot Line, Lot Width, and Rear Lot Line are all the same length. Section 2: Moratorium defined. Notwithstanding any other ordinance or provision of the 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 during the term of the moratorium established in Section 1 above, unless the dwelling is located on a lot meeting the Minimum Dimensions for Development, or the Lot Width, Front Lot Line, and Rear Lot Line of the lot are all the same length. 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 10 days in advance ofa 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. I Section 5. CEOA Findinl!. 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 developmcnt 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. I I I Ordinance Number L:f7~ Section 6. / 'Penaltv:' . Violation of any provision of this Ordinance shall constitute a misgc!pteanor and shali'be punishable by a fine not to exceed one thousand dollars ($1 ,OOO),IOJ' by imprisoIJIIlenf for a period not to exceed six (6) months, or by both such fine and i$prisonme:nt. '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 cO,nstitute a public nuisance and shall be subject to abatement as provided by all applicable provisions oflaw. ~. , "It: _ .. ...... "4~", ,. 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, that would result in the dwellings exceeding 25 feet in height. However, many such lots are not suitable for Development Of Excessive Height as a result of the properties being too narrow at one end due to their trapezoidal shape. In March, 2000, the Planning Commission issued a policy statement that trapezoidal lots should meet certain dimensional requirements in order to be considered as having a "Lot Width" of 37.5 feet. The Code of the Citv of Seal Beach only allows Development Of Excessive Height where Lot Width, as that term is defined in the Code, is 37.5 feet or more. The Planning Commission took the position that the majority of trapezoidal lots within the City were in locations unsuitable for Development Of Excessive Height, due to the potentially adverse impacts on light, airflow, and views. However, the City Code currently pennits Development Of Excessive Height on many lrapezoidallots where structures of such height would have such detrimental effects, The City intends to study, within a reasonable time, the adequacy of its existing ordinances regulating development on trapezoidal lots. 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 trapezoidal lots in order to prevent excessive heights of buildings on properties that cannot accommodate such heights and which will result in view blockage 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. 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 exceeding 25 feet in height unless the dwelling is located on a lot meeting the minimum dimensions for Development, or the Lot Width, Front Lot Line, and Rear Lot Line of the lot are all the same length, In the absence of immediate effectiveness, the approval of building permits, conditional use pennits or any other applicable entitlements for Development Of Excessive Height will result in that threat to the public welfare. Due to the foregoing circumstanccs, 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 immediate preservation of the public peace, health and safety within the meaning of Government Code Section 36937(b) and therefore shall be passed immediately upon its introduction and shall become effective immediately upon its adoption. PASSED, APPROVED AND ADOPTED by the City Ctfr9f the City of Seal ~ 'r fu_f lre1d 00 "'" "doy of o..J'~ /J , 2004. . ~~;f~ MAYOR Ordinance Number /.51"~ lh I STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Joanne M. Yea, City Clerk of the City of Seal Beach, California, dY7t:'Y certify that the foregoing ordinance is an original copy of Ordinance Number J.: 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 Ci~~arter and Governrn Code Section 65858, at a meeting held on the - day 0 , 2004 by the following vote: AYES: Councilmembers NOES: ABSENT: ABSTAIN: Councilmemb And do hereby further certify rdinance Numbe1/.sIt... has been published pursuant to the Seal Beach City Charter and Resolution Number 836. I' I