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Home My WebLink AboutCC Ord 1518 2004-02-23 ORDINANCE NO. /D/8 AN INTERIM ORDINANCE OF THE CITY OF SEAL BEACH EXTENDING INTERIM ORDINANCE NO. 1502, 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 EXPANSIONS TO CERTAIN NONCONFORMING RESIDENTIAL BUILDINGS AND 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 HEREBY ORDAIN AS FOLLOWS: Section I, Ordinancc No, 1502 is hereby extended to and including March 26, 2005, The Findings set forth in Ordinance No. 1502 are hcreby incorporated by this reference. Section 2. But for Interim Ordinance No. 1502 which, ifnot extended hereby, would cxpire on March 27, 2004, the City Council finds that City residcnts are likely to submit applications for minor or major structural alterations, enlargements and expansions to nonconfolluing residential buildings and uses in the near futurc 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 pennit certain modifications to nonconforming residential buildings and uses, and under these provisions many residents havc constructed improvements that have made nonconfonning buildings and uses more permanent. There is also currently a severe shortage of parking witllin the City, and many propelties do not comply with City Code requiremcnts for maximwn density and minimum setbacks. However, tllC City Code allows for the expansion, enlargemcnt, and structural alteration of residential buildings and uses which arc 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 cxacerbated. I In the absence of immediate effectiveness, the approval of minor plan reviews or conditional use permits for the major structw'al alteration, expansion or enlargement of nonconfonning residential buildings and uscs 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 circwnstances, it is necessary for the preservation of the public health, safety and welfare that this Ordinance take effect immediately I The City of Seal Beach has conducted studies to detennine whether the expansion of and/or the addition to a legal non-confonuing residential structure or use is: consistent with tile goals and objectives of the General Plan and proposed Local Coastal Plan; compatible with surrounding commercial and residential uses; or contrary to the public health, safety and welfare. Staff prepared Zone Text Amcndment 04-1, to propose appropriate revisions to the Zoning Ordinance regarding this matter, and public hearings have been held by the Planning Commission on January 21 and February 4,2004, and the Planning COllunission has fOlwarded its recommendations to the City Council for public ,I I I Ordinance Number /5JB healings. The City Council held its initial public hcaring on Zone Text Amcndment 04-1 on February 23, 2004, Pending completion of the public hcaling process and the adoption of the appropriate zoning regulations, it is necessary for the immediate preservation of the public peace, health, safety and welfare that no expansion of and/or the addition to a legal non-confonning residential structure or use be developed, constructed or established within the City. The preparation of proposed zoning ordinance reVISIOn language has been completed by staff, and public hearings have been completed at the Planning Commission level. The consideration of proposed Zone Text Amendment ,04-1 has not been completed, and the earliest effective date of new zoning regulations will be after the cxpiration date of Ordinance No. 1502. It would dcfcat the purposes of Interim Ordinance No. 1502 to pennit the Ordinance to expire until the studies are completed and a pennanent ordinance is prepared and adopted, Expiration of the regulations contained in Ordinance No, 1502 could pennit additions and expansions of legalnon-confonning residential stJ.uctures and uses that could be inconsistent and incolupatible with existing uses in the subject area, !W.drwith,the recommended Zone Text Amendmcnt provisions as recommended by the.<'P)lili'ning C9mmission, The public health, safety and welfare require that no furtlier expansion 'of'and/or the addition to a legal non-confonning residential structurJ or use, be colist;'uctcid within the City uutil the City Council adopts '. . 0(' adequate land use controls regulating such, structures and uses, . .. Based UP011. 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 nonconfonlling 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 penllits for the major structural alteration, expansion or enlargement of nonconfonning residential buildings and uses will result in a threat to the public welfiue, Due to the foregoing circumstances, it is necessary for the preservation of the public health, safety and welfare that this Ordinance take effect immediately. Scction 3. Notwithstanding any other ordinance or provision of the Seal Beach City Code, no application for a minor plan review or conditional use pennit tor 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 telm 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 contemplatcd 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, Scction 4. TIlis ordinance is hcreby 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, 2005, unless it is repealed by this City Council prior to March 26, 2005. 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, TIle City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be publishcd as required by law. Section 7. Violation of any provision of this Ordinance shall constitute a misdemeanor and shall be punishable by a tine not to exceed 011e 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, WlY violation of this Ordinance shall constitute a public nuisance and shall be subject to abatement as provided by all applicable provisions oflaw, Ordinance Number I3iiJ Section 8. Severability, If any part or provision of this Ordinance, or the application to any person or circumstance, is hcld invalid, the rcmainder 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 sevcrable. PASSED, APPROVED AND ADOPTED by the Ci!X Council of the City of Seal Beac t a meeting thereof held on the c:=("..3,(...G day of 04, I --bh,-:: - t3f!~.J4I Mayor STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Joanne M, Yeo; City Clerk of the City of Seal Beach, Califomia, do hereby certifY that the foregoing ordinance is an oIiginal copy of Ordinance Number /Si 8 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 ~ ~harter and Governmcnt de Section 65858, at a meeting held on the /uL day of 004 by the following vote: I AYES: Cowlcilmemb iPt- NOES: ABSENT: Councilmembers ABSTAIN: Councilmembers and do hereby further certifY that Ordinance Number /5/il has been published pursuant to the Seal Beach City Charter and Resolution Nwnber 2836. I I I I PROOF OF PUBUCATION (2015.5 C.C.P.) STATE OF CALIFORNIA. County of Orange I am a citizen of thf!:l United States and a resident of the county afore- said; I am over the age of elgtrteen years. and not a party to or Inter- ested in the above-entitled matter. I am the principal clerk of the printer ofthe~a newspaper of general circulation, printed and published ~ In the City of peaLBeach. 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 Califomia; under the date of ~. Case Number &\2583; 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: ~/?f all in the year 2004. I certify (or declare) under penalty of perjury that the foregoing Is true and correct. Dated at peal Beach, CA. this tJ day of ~rCJ0 . 2004. ~n1~ ) Signature PUBLICATION PROCESSED BY: THE SEAL BEACH SUN 216 MaIn Street Seal Beach, CA 90740 1562l 430-7666 Ordinance Number~ This space Is for the County CI,erk's ~:l\Ing Stamp Proof of publication of I -f~l .-HUII 1 - T ...." TT al. r - '11 r 1 , --alr--' ....--, r-- 'SUMMARY . . , . ORDINANCE NUMBER ;518 . . EXTENDING ORDINANCE'- r ~ 1502. ALTERATIONS! ' ENLARGEME~XPAN ; SIONS. NONCONFORMING' , , RESIDENTI"'L BUILDINGS! :' , USES .,URGENCY I Ordmance Number 1518 I extendslnterlm Ordnqnce NUrn-'.,1 ber 1502 which prohibits minor I and rnBjor structural alterations ; enlargements and . . cel't!ln rionconform~~ j bal buildings and uses dunng the . pendency of the City's f8V1ew and 1 adoption of releVant permanent J Zoning regulallons Orchnance 'Number 1518 was' adopted on 'CltyBll urgBf1CY ~aSls ~ the regular ~ Councl meetnQ of FBbfuliry '23rd, 2004 by the 101"""'9 vote .' eo::es: Antos. Campbell e, Larson, Yost ' I NOES None, Motion carried'~ Copies of 0rdInlii1ce N bar' 1518 are BvuBbIe urn of the CRY Clerk, ~ i:1~ ' .. 8th Street. Seal Beach; '18IB~) I .~one (582) 431'2527. I ~.~ bbAT~D TH~S 23;dd;Y~f' . B ruary,2004 .-...,I,of' ,,. . Joanne M. ,Yeo.'CIty cierk't:'); ," ClIl' of Seal Beach J Seal Bea~h.,~!ln 3144004