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HomeMy WebLinkAboutCC Ord 1361 1992-09-14 I I I ORDINANCE NUMBER /~6/ AN ORDINANCE OF THE CITY OF SEAL BEACH APPROVING ZONE TEXT AMENDMENT 92-5, AMENDING SECTIONS 28-210 AND 28-2407, RELATING TO THE EXPANSION OF NON- CONFORMING STRUCTURES WITHIN THE CITY OF SEAL BEACH THE CITY COUNCn. OF THE CITY OF SEAL BEACH DOES HEREBY FIND AS FOLLOWS: WHEREAS, on November 7, 1990, the Planning Commission considered a Staff Report which discussed the following issues; Processing of Development Applications, SIaDdard of Review for Minor Plan Reviews, and General History of City Policy re: Expansion of Non-Conforming Residential Structures; and WHEREAS, on November 7, 1990, the Planning Commission requested direction of the City CouncU regarding several issues of concern relative to the Minor Plan Review process; and WHEREAS, on November 13, 1990, the City Council considered the request of the Planning Commission, received comments from city staff relative to this issue, and adopted Ordinance No. 1319, which prohibited the processing of development applications for the expansion of non-conforming residential structures as an urgency measure; and WHEREAS, on November 28, 1990, the Planning Comm;~sion received and filed a staff report reganling the City Council actions of November 13; and WHEREAS, on December 5, 1990, the City Council considered an extension of Ordinance No. 1319 and determined to adopt OrrUnllnce No. 1321, extending the urgency ordinance until October, 1991; and . WHEREAS, on February 20, 1991, the Planning C(Ullmk~on conducted a Study Session to receive citizen input regarding the issue of expansion of non- conforming uses, received public comments from five persons, and determined to schedule an additional study session; and WHEREAS, on March 6, 1991, the Plann;ng Commission conducted a Study Session to further consider the issue, received a staff proposal which would establish sepuate standards for single family/duplex structures and for triplex or Jarger structures, received public comments from five persons, and continued the study session to March 20, 1991; and WHEREAS, on March 20, 1991, the Planning Commission continued the Study Session, received additional public comments from seven persons, and requested the Department of Development SeJVices to distill the public and Comm;uion comments and prepare a report for the Commission as time allows; and WHEREAS, on May IS, 1991, the Planning Comm;ulon conducted a Study Session regarding the enlargement of non-conforming residential structures, considered add;tional information prepared by staff, received public Ordinance Number ~~I . WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, , 1. comments from five persons, and instructed staff to prepare two to three alternatives for consideration by the City Council and Planning Commission at a Joint Study Session; and on December 19, 1991, the Planning Commission conducted a Study Session, received proposals submitted by staff, and requested the City Council to schedule a Joint Study Session to discuss this issue; and I on January 13, 1992, the City Council considered the request of the Planning Commission for a Joint Study Session, and detennined to schedule Febnwy 19, 1992, for that pUlpOse; and 'on Febnwy 19, 1992, the City Council and Planning Commission conducted the Joint Study Session, considered two alternative proposals from staff, received public comments from nine persons, and provided direction to staff for additional provisions to be included in the necessary zone text amendment proposal for public hearing; and the City is proposing to establish new requirements and criteria for the enlargement or structural alteration of non-confonning residential structures; and the subject zone text amendment would apply to all non-conforming residential structures within the City; and the proposed Zone Text Amendment is Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301(a), (d) and (e), and Section 15305; and I a duly noticed public hearing was held by the Planning Commission on July 15, 1992 to consider Zone Text Amendment 92-5; and the said Commission held said aforementioned Public Hearing; and at said public hearing there was no oral or written testimony or evidence received by the Planning Commission; and the P1annillg Commission made the following findings: The proposed Zone Text Amendment will allow for less intensive expansion of non-confonning structures than is presently allowed under current regulations. 2. This proposal will result in completion of a city study which was initiated in November, 1990, but not tinali7~ until adoption of the proposed Zone Text Amendment. 3. This proposal will allow for the expansion of non-confonning structures, subject to more restrictive conditions and requirements than currently exist. I 4. This proposal will limit and discourage proposals for major expansion of multiple-family non-confonning residential stnlctures by requiring the provision of a minimum of one off-street parldng space per dwelling unit. 5. This proposal will minimi7,e the visual and functional conflicts between non-confonning and confonning residential structures within the City by reducing the allowable area expansion. I I I Ordinance Number /36' J 6. This proposal wiD encourage the provision of additional off-stn:et parking spaces by allowing for the use of tandem parking spaces for only non- conforming residential structures. WHEREAS, the City CouncU held a duly noticed public hearing on Monday, August 24, 1992; and WHEREAS, the City CouncU received into evidence the Report of the Planning Commission, including the Staff Report and Planning Commission Minutes of July 15, 1992, and Planning Commission Resolution No. 92- 24. In addition, the City Council considered all written and oral evidence presented at the time of the public hearing; and WHEREAS, at the conclusion of the public hearing, based upon the evidence presented, the City Councu determined to approve Zone Text Amendment 92-5. NOW, THEREFORE, BE IT ORDAINED that the City CouneD of the City of Seal Beach does hereby approve Zone Text Amendment 92-5, and amend Chapter 28 of the Code of the City of Seal Beach as indicated in the following Sections: SECTION 1. Section 28-210 of the Code of the City of Seal Beach is hereby deleted in its entirety and a new Section 28-210 is hereby adopted to read as follows: "Section 28-210. Bedroom. "Bedroom" means any room other than a living room, dining room, breakfast room, kitchen, hallway, pantIy, foyer, closet or bathroom." SECTION 2. Section 28-2407 of the Code of the City of Seal Beach is hereby deleted in its entirety and a new Section 28-2407 is hereby adopted to read as follows: "Section 28-2407, ~ents Or Structural Alterations To Nonconfonninl! Residential BuiJdinl!S And Uses. Nonconfonning residential buildings may be enlarged or structurally altered as provided in this section. . A. Pennitted Inlprovements. 1. Minor Structural Alterations and Intprovements to nonconforming residential buildings and uses listed as follows may be approved by the issuance of a buUding permit: (a) Skylights. (b) Solar Systems. (c) Additional windows. (d) Decorative exterior improvements. (e) BuUding maWtenllnce. (f) Adding or replacing utilities. (g) Other minor structural alterations and improvements .imilllr to the foregoing, as determined by the Planning Commission. Ordinance Number Bbl . 2. Minor Stmctural Alterations. Enlargements Or Elq!ansions to nonconforming residential buildings and uses listed as follows may be approved by the Planning Commission pursuant to consent calendar plan review: (a) Open roof decks. (b) Additional balconies and porches (not enclosed) (c) Roof additions over balconies and porches (not enclosed). (d) Additional exterior doors. (e) Additional garages and carports, illcluding tandem garages and carports. (f) Interior wall modifications and remodeling which involves removal of or structural alteration to less than twenty-five percent (2S %) of the structure's interior walls. Such interior wall modifications or remodeling may increase the number of bathrooms provided that the number does not exceed the following bedroomIbathroom ratio: one bath for each bedroom plus an additional half-bath. The number of bedrooms, as defined in 128- 210 of this chapter, shall not be increased if the subject property is nonconforming due to density or parldng. (g) Reduction in the number of units involving removal or structural alteration to less than fifty percent (50%) of the structures interior walls. (h) Minor enlargements or expansions. (1) Single Family Dwellings and Duplexes: One time or cumulative minor structural alterations or expansions which increase the floor area under the Floor Area Ratio standards of the applupliate zone less than ten percent (10%) of the allowable floor area if the subject Plupo>ity meets the minimum parking requirements; or a maximum of 288 square feet per unit up to a maximum of 576 square feet per property, if the subject property is nonconforming due to parking, subject to the following: [a] Additional bathrooms are permitted provided that the number per unit does not exceed the following bedroomJbathroo ratio: one bath for each bedroom plus an additional half-bath. [b] 'lbe number of bedrooms, as defined in 128-210, may not be increased if the subject PlOperty is nonconforming due ,to density or parking. [c] Enclosures of balconies and porches shall constitute the addition of habitable space. [d) Such expansions and enlargements to jlIu~tties that are nonconforming due to parking shall be permitted only if the Planning Commission determines that all feasible parking, given the availability and location of space on the site or the consttaints imposed by the existing sound primary structure, is provided. I I I Ordinance Number /..3d, / , [e] The provision of enclosed tandem parking spaces may be utilized to comply with the required off-street parking requirements, provided all required setbacks are provided. (2) Three (3) or More Units: I One time or cumulative minor stnJctural alterations or expansions which increase the floor area less than ten percent (10%) of the allowable floor area under the Floor Area Ratio standards of the apl'lUl'tiate zone if the subject property meets the minimum parking requirements; or a mllY;mum of 144 square feet per unit up to a mllY;mum of 400 square feet per property, if: [a] the subject property is nonconforming due to parking, and [b] a minimum of one (1) standa~, open and accessible covered parking space is provided for each unit, subject to the following: [1] Additional bathrooms are permitted provided that the number per unit does not exceed the following bedroomIbathroo ratio: one bath for each bedroom plus an additional half-bath. I [2] The number of bedrooms, as defined in 128-210, may not be increased if the subject property is nonconforming due to density or parking. [3] Enclosures of baJconies and porches shall constitute the addition of habitable space. [4] Such expansions and enlargements to properties that are nonconforming due to parking shall be permitted only if the Planning Commission determines that all feasible parking, given the availability and location of space on the site or the constraints imposed by the existing sound primary stmc:ture, is provided. [5] The provision of enclosed tandem parking spaces may be utilized to comply with the required off- street parking requirements, provided all required setbacks are provided. (i) One-time or cumulative enlargements or expansions of ten percent (10%) or more of the allowable floor area under the Floor Area Ratio standards of the appropriate zone to properties that are nonconforming only due to the use of tandem parking when the required number of spaces are provided and the required standud spaces cannot be physically provided due to Jot width. I (j) Other minor stnlctural alterations and improvements R;milar to the foregoing, as determined by the Planning Commission. 3. MlIjor StnJctural Alterations. Bnlanrements or Exnansions to nonconforming residential buildings and uses listed as follows may be approved by the Planning Comm;lUIion pursuant to the approval of a conditional use permit provided that all the requirements of this chapter excluding density and the required setback for Ordinance Number ;I~~/ . existing legal, non-conforming garages, carports and exterior stairways, which shaIl comply with all applicable provisions of the Uniform Building Code as most recently adopted by the City, with the exception of the required setback, are satisfied: (a> One-time or cumulative enlargements and/or expansions of ten percent (10%) or more of the allowable floor area under the Floor Area Ratio standards of the appropriate zone. (b) One-time or cumulative interior wall modifications and remodeling which I involves removal of or structural alteration to greater than twenty-five percent (25 %) of the stnJctures interior walls. 4. MlI,ior Structural AI~tinns. FnlllIJements or EJwan~inn~ to nonconforming residential buildings and uses listed as follows may be approved by the Planning Commi~$ion pursuant to the approval of a conditional use permit provided that all the requirements of this chapter excluding density and parking are satisfied. Provided the parceJ is nonconforming due to the use of tandem parking when the required number of spaces are provided and the required standard spaces cannot be physically provided due to lot width: (a) One-time or cumulative enlargements and/or expansions greater than ten pereent (10%) of the allowable floor area. (b) One-time or cumulative interior wall modifications and remodeling which involves removal of or structural alteration to greater than fifty percent (50 %) of the structures interior bearing walls. (c) The number of bedrooms, as defined in 128-210, may not be increased. (d) Such expansions and enlargements shaIl be permitted only if the Planning Commission determines that all feasible parking given the availability and location of space on the site or the constraints imposed by the existing sound primary structure is provided. I 5. Structural Alterations. Bnla.rJements Or EJwansions to nonconforming residential buildings and uses which are nonconforming only by reason of iltadequate setbacks, including the required setback for existing legal, non-confonning garages, carports, and exterior stairways may be approved by the Director of Development Services, subject to the following: (a) All enlargements or expansions shall comply with the minimum yard dimensions for the zone and district in which the building or use is located. (b) The existing nonconforming side yard setback shall be no less than three (3) feet in width, ,with the exception of existing legal non-confonning exterior stairways, which shall comply with all applicable provisions of the Uniform Building Code as most recently adopted by the City, with the exception of the required setback. (c) The existing nonconforming front yard setback shall deviate no more than ten percent (10%) from the current minimum front oetbacJc. I (d) The existing nonconforming rear yard setback shaIl deviate no more than ten percent (10%) from the CU1TeJlt minimum rear setback. I I I Ordinance Number /.:i6 / . B. Procedure. 1. Consent Calendar Plan Review - Any person desiring to apply for consent calendar plan review approval by the Planning Commission pursuant to this section shall submit an application, required plans and property owner list to the Department of Development Services together with payment of the minor plan review fee 21 days prior to the Planning Commission meeting. Notice of the applicati.on for consent calendar plan review shall be given to all property owners within 100 feet of the exterior boundaries of the PIUperty. 2. Inspection - Any person requesting approval pursuant to Section 28-2407(A)(2)(h) or (i), Section 28-2407(A)(3)(a) or (b) or, Section 28-2407(A)(4)(a) or (b) for any building which was constnJcted prior to 1965, shall request a special investigation of the subject PIUperty prior to filing such an application. The Building and Safety Division, after the investigation request is made and fees paid pursuant to the Uniform B'I;lding Code, shall inspect the subject side and building, both intemaIly and exterDaIly, to determine the condition of the site and buildiDg, including but not limited to the wiring, plumbing, structural integrity, roofmg and condition of the walls, ceiUng, floors and garage. " SECTION 3. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinlln<,.e or any part thereof is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portions of this ordinance or any part hereof. The City CouncU of the City of Seal Beach hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that anyone or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared invalid. PA ED, APPROVED AND ADOPTED by the City ~ of the City of Seal Beac a mee' the f held on the / - day of ,1992. ~"Jl /;z,~Jf'/'" Mayor CITY OF SEAL BEACH Ai. ,.$-~\\\I $' t SEAL II '11 =... 0 ......... '.. I" :~-."....'O..O.4;.. ~ ll. :ri:; oo,'#' '0'. -So ~. .it! 0 . ~ f*! ~''''~ ~ 0 : : <~ ~,o~o o.:;:~ Z el'" '. ~ ~J~."'o ,"'.'1:... 'I, ....,."...IJ~1I \~"\..~t!<t.O~ "1 ":'" 21..,,,_ ".... C' ..........,,,,."5 111\\ OLlNl'!' ....$" \\\\,w..~~ Ordinance Number Efr,/ , , STATE OF CAUFORNIA } COUNTY OF ORANGB } SS CITY OF SEAL BEACH } 1, Joanne M. Yea, City Clerk of the City of Seal Beach, CaliforniJ.,b ~o hereby certify that the foregoing Ordinance is an original copy of Ordinance Number /~ I 0 file in the office of ty Cler " need at a meeting held on the . \f.t day of , 1992, and passed, approv~ llJ~opted by €i ou il of the I Beach at a m~g held on the * day following vat!:: "." AYES: Councilmem ' ~' has been published pursuant to NOES: Councilmem ABSENT: Councilmem and do hereby further certify that Ordinance Number the Seal Beach City Charter and Resolution Num /' , I I I I I PROOF OF PUBLICATION (2015.5 C.C.P.) 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 JOURNAL, 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 2/24n5. 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: all in t:~~9~. D I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Seal Beach. California, this 3 D day of C 19 Jl2.... .....~ PUBLICATION PROCESSED BY: THE JOURNAL NEWSPAPERS 216 Main Street P.O. Box 755 Seal Belch, CA 90740 (213)430-7555 Ordinance Number ~~/ . This space for for the County Clerk's Filing Stamp Proof of Publication of PUBLIC NOTICE/Public Hearing ............................ . ~01'1h .1~ .CJtl.~~WI(l#jl. .q.J.-S- . CoraIidIrI ~ fA ."1"11 ........-.-'" /-- .......- _1I",-1Ilrllugh1lo_ PIIn__ ........... 'HfD1 AZ.A.(lJ(III) .. I --A2JLIII#i/J I I '__a21D"'''GIIIo ..-"'.-...- ..._...._m..GIIlI. .ea.e......_. .. _a. ........................ ......_II"'._1Dli"'... ..III_.."-..~plI,*",, -..-.........- -,'. :::...--....-::= l~lILtld..~ .......................... 1'- ...... tilt __...__ ___ Col_ ,_11_...... 1"iooIr_"""CEIM__ "_Plln__ .._lll3Dl._....CII'ar- "..._.u.f<<IJ_' _Eo _ 'QooIIWAcI'. __AI.MfII ......_ .iEIIIIIIIINI................... aacr,a.z10 --",..-... ........_"'m_ ...... ..... _.........., ... -......- ......-..-- . _I__.rw... _10 pi" ~ Pllnring eo...nilllDn __ II car- _Irod ........ IllI 110.., PlI. -- ......-oU.IW11 NOTICE OF flUBLIC IEAIIHG IIl1ICE . HEIIEIIY _ ...... CIIy _"'..CIIy......_..IIlllI. ......... ......... 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'._il~1traugh "_Plln__ ......_A2-1tj/!IIJ .~'''....-.an''- .. ............ cI....IlCio..,L....lG __..~1I1_1II1l1 ....-_dlllldylllll... ...__Iar",II._._. ........--...- -.,. III _ QoIonIfr. .. onlr IICIpllon pernllllCl . 10 denSity ........... fill-no CDmmIIIlCln _II """'*.........CcInlI> _u.__ ......_.A.JJ . p~ L' -_IlfcItbaneI..... 'lit IIIIllnIIcI~rlQOl_......... ___..~1Io fIlIIIWIId........ ._~M...1O ....yonI-..-. ...c:ontDrml.. ....nor IIIIN"". _11III........ ""'" "'" .._----'" "_~CrdII ......-ASJ ._...,.._-'" -"'-..-- 1Il.....~...._,. .". ......_,.1.'J ,...--.......- -..,..-...- .,.. -.....__m_,.. "'''-''_onlr__ ,....---...puIIIc: _-'_10"_"10_ - -.-...-.........ctrrl.. -.. ..polar.............. 1IlIIED1IIS111I"",IINI.I. -"aw- _11""_ NlID". _m.....__ Ordinance Number ~h/ PROOF OF PUBLICATION (2015.5 C.C.P.) 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 JOURNAL. a newspaper of general circulation. printed and published weeklv 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: ( ~.L p-!J; lit b.tA- :s , all in the year 19..i2-. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Seal Beach, California. this -.3 day of -4"1f. , 19..i2-. ~ Ift.~. lk..,2 Signature . PUBLICATION PROCESSED BY: THE JOURNAL NEWSPAPERS 216 Main Street P.O. Box 755 Seal Beach, CA 90740 (213)430-7555 This space for for the County Clerk's Filing Stamp I Proof of Publication of PUBLIC NOTICE/Summary Ordinance ............................ . A,l. L. /3&1 .......~.............. SUMMARY ORDIRARCE RURUR nil ~IPI.IIIRIO.. GF IIOII.e:OIL FaRIIIIO BTAUltlUll1 Ordlnlnc. Mum.., "81 of 1M Cit, ot 5.11 811"ch. Illablllhlng n.. .,anda,dl tor Ih, l.plnllon at non. eon'.'lIlnl 1.'UClu"l, .1. Inlr. duced ., Ih, "Iula, CII, Council ...dng ., AIIIlUI1 24th, ng2. Flrl1 Nadl.. .f Ordinanc. NUllber 1381. .. IlIlnelld, .u approVld b, tb, 1.11..lng....: A~S: BlOIln, OoIn., ForiJlh., HUlings, LaIZIo NOES: Non. lIot"'. carrl,d Ordl..nCl Number 13'1 will rec.1ve ...nd r.ldl.. Ind be con- Ildoted lot odDpllon ., lb. fIIlul.. Ch, Council ."llng 0' Slpllmber ".. 1112. Copll..1 Onll..... Num- ber "'1 .re .,.llIb. In IhI Ontel 01111I CII, CII...; CII, H.II, 21 \-Ilh Bn..I, So.1 B'ICh: IIlIp,",n. (3101 411.2527. DATEDTHIS 251b d., .1 Augu.., 1112. ....... II. YII, Ch, CI.... CiIJ 01 So.1 Bo.ch Slpllmbl' 3, 1..2. Publllllld IIr1Ilo Sui BolCh Journal. I I I I I Ordinance Number ~~J' PROOF OF PUBLICATION (2015.5 C.C.P.) 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 JOURNAL, a newspaper of general circulation, printed and published weeklv 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: .::itDft/1~ .;;y , a/l in the year 19~. This space for for the County Clerk's Filing Stamp Proof of Publication of PUBLIC NOTICE/Summary Ordinance ............................ . .Dfl.~~q'~~. . ? ~~.~. /f~( SUMMARY 0IlIlINNICE __1381 ~OF~ a'ftn.,..."lDI:a 0nII....... _ '38' 01'" City 01 Seal Beach, e.tablishlng new IlIndarda tar the ...paneion or non-conforming ItruClUf.., received , _d reeding ond was odapIod .. rite reow., en, CounCil meeting af September 14th, 1992 by the lall_ng_: I certify (or declare) under penalty of perjury that the foregoing is true and correct. AYES' ar-. Daane. FcnyIho, _.ngo. LalZIa NeES: None -- Capias 01 ~ Number 138' .. available In ... __ 01... City CIort<. CIty Hall. 211-11111 SIM!, SeoI ! _:18Io~(3'0)03'-2527. Dl\TED1ItS 15111 dlty 01 Sap\8mber. 11192. . Joanne M. Yea. City CIort< CIty 01 Seal Boach SeI>\8Il1bOr 24,11192. I'IbIohodntloSeolBoach Jaumal. Dated at Seal Beach. California. this c9 ( day of .,j cpt-. . 19...i2..... t!thrt/u.a- DL-vll"..) (/ Signature PUBLICATION PROCESSED BY: THE JOURNAL NEWSPAPERS 216 Main Street P.O. Box 755 Seal Beach, CA 90740 (213)430-7555