HomeMy WebLinkAboutCC Ord 1519 2004-03-08
ORDINANCE NUMBER /512;
AN ORDINANCE OF THE CITY OF SEAL
BEACH AMENDING ARTICLE 24, SECTION
28-2407 OF TITLE 28 OF THE CODE OF THE
CITY OF SEAL BEACH REGARDING
STRUCTURAL ALTERATIONS AND
ENLARGEMENTS TO NONCONFORMING
RESIDENTIAL BUILDINGS AND USES (ZONE
TEXT AMENDMENT 04-1)
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WHEREAS, The City Council in early 2003 requested the Planning Commission to
schedule a Study Session to review the existing standards in the Zoning
Ordinance regarding the addition and expansion provisions for non-
confonning residential uses; and .
WHEREAS, The Planning Commission conducted an initial study session regarding this
issue on February 5, 2003 and directed staff to:
o schedule an additional study session for March 5, 2003; and
o prepare additional land devclopment proposals regarding expansions to
non-confonlling residential structures rclated to provision of additional
parking and allowable sizc of a proposed expansion; and
WHEREAS, On March 5, 2003 the Planning Commission conducted their second
"Study Scssion" regarding the issue of the current Zoning Ordinance
pr<)visions that allow for the expansion of legal non-confonlling
residential structures. During the study session, several individuals
indicated that the CWTcnt regulations are not reflective of the community's
desires and recommended that no addition or expansions of legal non-
conforming structures be permitted in the future; and
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WHEREAS, After closing the March 5, 2003 study session, the Commission adopted
on 5-0 vote the following reconunendillion:
"To recommend the City Council considcr elimination of the
provisions allowing for expansions or additions to any legal
non-conforming structures within the City,"; and
WHEREAS, On April 14, 2003 the City Council considered the recommendation of the
Planning Commission and detennined to adopt Ordinance No. 1498, An
Interim Ordinance of the City of Seal Beach Enacted Pursuant to
California Govcmmcnt Code Section 65858 Prohibiting Minor or Major
Structural Alterations, Enlargements and Expansions to Certain
Nonconforming Residcntial Buildings and Uses During the Pendency of
the City's Review and Adoption of Relevant Pcrmanent Zoning
Regulations and Declaring The Urgency Thereof (the "Interim
Ordinance"). The initial interim ordinance was effective for 45 days and
was subsequently extendcd for a maximum petiod of an additional 10
months and IS days on May 12, 2003, by the adoption of Ordinance No,
1502, in accordance with the provisions of Statc law; and
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WHEREAS, On July 14,2003 the City Council co'nsidered the possibility of approving
a limited exception of the interim prohibition for expansion or addition to
legal non-conforming structures in the City if all current dcvelopment
standards, including the off-street parking requirements and exeluding thc
density requirements, are met. After discussion, the City Council
detennined to reccive and tile the Staff Report on this matter, thereby
taking no action regarding the proposed exception; and
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Ordinance Number /$/"1'
WHEREAS, The Planning Commission conducted a final study session on Deceinber 3,
2003 and at the conclusion of the Study Scssion directed statT to schcdule
public hcaring on Zonc Text Amcndment 04-1, to consider several proposed
alternatives; and
WHEREAS, Thc City is proposing to establish new requirements and critcria for the
enlargement or structural altcration of non-confonning residential structures;
and
WHEREAS, The subjcct zone text amcndment would apply to all non-contonning
residential structures within the City; and
WHEREAS, The proposed Zonc Text Amendment is Categorically Exempt from the
provisions of the California Enviromnental Quality Act (CEQA) pursuant to
Section 15301(a), (d) and (e), and Section 15305 of the CEQA Guidelines;
and
WHEREAS, A duly noticed public hearing was held by thc Planning ConUIlission on
January 21, 2004, and continued to February 4,2004 to consider Zone Text
Amendment 04-1; and
WHEREAS, The said Conunission held said aforementioned Public Hearing; and
WHEREAS, At said public hearing thcre was oral and writtcn testimony or evidcnce
received by the Planning Commission; and
WHEREAS, The Planning COlIllnission made thc following findings:
(a) Zone Text Amendment 04-1 is consistent with the provisions of
the various elements of the City's General Plan, Accordingly, the
proposed use is consistent with the General Plan. The proposed
amendment is administrative in nature and will not result in changes
inconsistcnt with the existing provisions ofthe General Plan.
(b) This proposal will result in the completion of a city study that was
initiated in January 2003, but not finalized until adoption of thc proposed
Zone Text Amendmcnt.
(c) The proposed tcxt amendment will revise the City's zoning
ordinance and enhance thc ability of the City to ensure orderly and
planned development in thc City through an amendment of thc zoning
requirements. Specifically, this amcndment would establish new
standards for the alteration to nonconfonning rcsidential buildings and
uses, and prohibit additions to such legal nonconfonning structurcs in
accordance with the recommended language of Zone Text Amendment
04-1; and'
WHEREAS, The City Council held a duly noticed public hearing on Monday, February
23, 2004; and
WHEREAS, The City Council received into evidence the RepOlt of thc Planning
Commission, including the Staff Report and Planning COIIllnission Minutes
of January 21, 2004, and Planning Commission Rcsolution No. 04-10. In
addition, the City Council considcred all written and oral evidencc prcsented
at the time of the public hearing;' and '
WHEREAS, At the conclusion of thc public hearing, bascd upon the evidencc prcsented,
the City Council dctcnnined to approve Zone Tcxt Amendment 04-1,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL
BEACH DOES ORDAIN AS FOLLOWS:
Ordinance Number /519
Section 1. Section 28-2407 of Article 24 of Title 28 of The Code of The Citv
of Seal Bcach is hereby amended to read as follows:
"Section 28-2407, Enlargements or Structural Alterations to
Nonconfonnimz Residential Buildings and Uses. Nonconfonl1ing
residential buildings may be enlargcd or structurally altered as provided in
this section,
A.
Pennitted Imorovements.
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I. Minor Structural Alterations and Imorovements to
nonconfonning residential buildings and uses listed as fol-
lows may be approved by the issuance of a building pennit:
(a) Skylights,
(b) Solar Systems.
(c) Additional windows.
(d) Decorative exterior improvcments.
(c) Building maintenance.
(f) Adding or replacing utilities.
(g) Other minor structural alterations and
improvements similar to the foregoing, as
detenllined by the Planning Commission.
2. Minor Structural Alterations or Improvements to
nonconfonning residential buildings and uses listed as
follows may be approved by the Planning Commission
pursuant to minor plan review as a consent calendar item:
(a) Open roof decks.
(b) Additional balconies and porches (not encloscd).
(c) Roof additions over balconies and porches.
(I) Roof eaves projecting five (5) feet into the
required rear yard setback of Planning
District I, Residential Low Density Zone.
(d) Additional exterior doors.
(e) Additional garages and carpOlts, including tandem
garages and carports.
(f) Interior wall modifications and remodeling which
involves rcmoval of or structural alteration to less
than twenty-five percent (25%) of the structure's
interior walls, Such intcrior wall modifications or
remodeling may increase the number of bathrooms
provided that the number does not cxceed the
following bedroom/bathroom ratio: one bath for
each bedroom plus an additional half-bath. The
nwnber of bedrooms, as defined in Section 28-210
of this chaptcr, shall not be increased if thc subject
propelty is nonconforming due to density or
parking,
(g) Reduction in the number of units involving removal
or structural altcration to less than fifty percent
(50%) of the suuetures intcIior walls.
(h) ,Other minor slIuctural alterations and
improvcmcnts similar to the forcgoing, as
detennincd by the Planning Commission.
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3, Residential Low Densitv Zone. Plannimz Districts I
throulZh 7: Structural Alterations. Enlargements or
Exoansions to noncontonlling singlc-family residential
buildings and uses which are nonconfonning only by
reason of building hcights excceding the maximum height
or inadequate setbacks to nonconfonning single-family
Ordinance Number ~~
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rcsidential buildings and uses, including the required
setback for existing legal, non-confonning garagcs,
carports, and exterior stairways, may be approved by the
Planning Commission pursuant to minor plan revicw as a
scheduled matter itcm, subject to the following:
(a) All enlargcments or expansions shall comply with
the minimum yard dimensions for the zone and
district in which the building or usc is located.
(b) The existing nonconforming side yard setback shall
bc no less than thrcc (3) fect in width, with the
exception of existing legal non-conforming cxterior
stairways, which shall comply with all applicable
provisions of thc California Building Code as most
recently adopted by the City, with the exception of
.-- :;.-"'tlie....required with tile exccption of the required
....(' ,f . Calif~ia Building Code setback requirements,
.. (c) The"exl'~ting nonconforming side yard setback may
be IC{s"than three (3) feet in width on properties
developed pursuant to "Precise Plan" or "Planned
Unit Developmcnt" approvals previously granted by
the City!
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4. 'Rcsidentlal Medium Density Zone and Residcntial High
Densitv Zone. Plwming District I: Structural Alterations.
Enlargements or Expansions to noneonfonning single-
family residential buildings wld uses which are
nonconfonning only by reason of building heights
exceeding the maximum height or inadequate setbacks to
noneonfornling single-family residential buildings and
uses, including thc required setback for existing legal, non-
conforming garagcs, carports, extcrior stairways, may be
approved by thc Planning Commission pursuant to minor
plan review as a scheduled matter item, subject to the
following:
(a) All enlw'gements or expwlsions shall comply with
the minimum yard dimensions for the zone and
district in which the building or usc is located.
(b) The existing nonconfonning side yard setback shall
be no less than threc (3) feet in width, with the
exception of cxisting legal non-confonning exterior
stairways, which shall comply with all applicable
provisions of the California Building Code as most
recently adopted by the City, with the exception of
thc required Witll the exception of the, rcquired
California Building Code setback requirements,
(c) Garage and carport sctbacks adjacent to a public
alley shall comply with current applicable setback
requirements,"
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Section 2. ReDeal of Ordinance Number 1518. Ordinance Number 1518 is
hereby repealed upon the effective date of this Ordinwlce.
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Section 3, Severabilitv. If any scction, subsection, subdivision, paragraph,
sentence, clause or phrase of this Ordinance or any part thereof is for any reason held to
be invalid or unconstitutional, such decision shall not affect the validity of the remaining
portion of this Ordinance or any part thereof. The City Council hereby declares that it
would have passed each section, subsection, subdivision, pardgraph, sentence, clause or
phrase thereof, irrespective of the fact that anyone or more sl;ction, subsection,
subdivision, paragraph, sentence, clause or phrase be declared invalid or unconstitutional,
Section 4. The City Clcrk shall cause this ordinance to be published in
accordance with applicable law.
Ordinance Number ~
D, APPROVED AND ADOPTED by the City co,,~ of the City of Scal
a me ting thereof held on the .... day of
2004.
/.~~p.J~~
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STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
Po>.
1, Joanne M. Yeo, City Clcrk of the City of Seal Beach, Califomia, do hereby certify that
the foregoing Ordinance is an original copy of Ordinance Number 14J} on filc in
the officc of City Clerk, introduced at a mceting held on the ~
day of 2004, and passed, approved and ~Oitd by the
City Cou aI Beach at a mceting hcld on the -
day of , 2004 by the following vote:
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ABSTAIN: Councilmembers
-
AYES:
NOES:
ABSENT: Councihnembers
and do hereby further certifY that Ordinance Number /5/2 has been published pursuant
to the Seal Beach City Charter and Resolution Number 28 6,
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Ordinance Number ~
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA.
County of Orange
This space is for the County
Clerl<'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
ofthe~.a
newspaper of general circulation,
printed and published weekblln 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, u!1der the date of
~. Case Number Af.l2583; 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:
?/L{
Proof of Publication of
....'...r-r-'-r--------1..11...........I' 1~
........J , ITT -... -,aT ,-,----- ......n'I-
, , ~
.,,' . SUMMARY'~."'~ ;
, ORDINANCE NUMBER 1519 0
. NONCONFORMING RESI.
; DENTIAL BUILDlNGSAlSES-
. .. ZTA04-1 ~.
Ordinance Number 1519
,'amends chaPter 28 of the Code .
oIlho CIty 01 SoaI Beach reI..ng
~ to structural alterations Bnd
entargements to nonconforming 04
. residential bUildings socfwies.' .
aOrdlnance Number 1519 was'
InlroducMl'at the r&gular meet-
'Ing 01 FebIIlOJy 23, 2004 and ~rsl
re8dlng was approved by the fof-
lowing vote:. I ~,." :.,,;,' .
AYES Antos, Campbell.
. Doane, Larson. Yost ,~. -'
" NOES None', Motion carried
'Ordinance Number 1519 Will
receive second reading and be
conSidered lor adoptIOn at1he
,olllllulBf.-.Q 01 Man:h e. 2004
Caples 01 Ordinance Number
1519 are avallablelromlhe office
oI,the City Clerk: CIIy Hall; 211'
',_ 8th Street;Seal Beach; tele-
I phone (562) 431-2527, " "
o' DATEDTHIS25II1diiyolFoI>
ruary.2004. I'.
Joanne M ':feci; CltylClerk
,,;, City of Seal Beach-I'lo :.t:~
- . .Seal Beach Sun 3/412004 ~
. ..--I~-,:! .
all In the year 2004.
I certify (or declare) l!nder penalty of
perjury that the foregoing is true and
correct.
Dated at Seal Beach, C~
this~day of j\M.v
,2004.
Signature
PUBLICA ION PROCESSED BY:
THE SEAL BEACH SUN
216 Main Street
Seal Beach, CA 90740
(562) 430-7555
Ordinance Number ~
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
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 aEACH SUN, a
newspaper of general circulation,
printed and publiShed weekl)l 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:
~!l1
Proof of Publication of
.........................~-....................
...............................................
SUMMARY ~. '.' _ ...
ORDINANCE NUMBER 1519.,
I, - NONCONFORMING RESI.
DENTlAL BUILDINGS/USES_
ZTAII4-1.. .,
0Idn0nc:e NIinber 1519'amsrDi '
Chapter 28 of the Code of the
~. City of Seal BBach relating to ..
, _8118.-..anden/arge-'!
ments 10 nonconformmg resi. '.
der1IIaI -"go and USSS' 0IdI-
nance,Number 1519 received r
.S8COlJd readfng and was adopt- ,I
~ edallha'"9l*lr~ofMaR:h,
, SIb, 2004 by Iha Iollow"'9 vola:','
AYES: ,... ,. ~. . tJ
Anfoa, Campball, Dosna, Yost' "
NOES: ,
LaIllOfl, Motion carriod ,,' I
Copies of Ordinance NUmber .
1519arallVllllablalromlhaolllca J
of !he CIIy CIart<, CIIy Hall, 211 "/
. . 8th Street, Be.. Beach; tele-.
phona (56.21 43l-2527 " ,
, DATED THIS SIb day;" Ma,n:h~ i
2004, ' ,
,Joanne M. Yea, City Clerk
, CrIy of Saa' Baach -
SEAL BEACH SUN :!II1lI2l104 '
. . I. ." t
I
all in the year 2004.
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Dated at Seal Beach, CA.
this I<{ day of ~, 2004,
I
Signature
PUBU ATION PROCESSED BY:
THE SEAL BEACH SUN
216 Main Street
Seal Beach, CA 90740
(562) 430-7555