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HomeMy WebLinkAboutCC Ord 1262 1987-12-07 ORDINANCE NUMBER ~.z~~ AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING THE ZONING REGULATIONS PERTAIN- ING TO THE RECONSTRUCTION OF DAMAGED OR DESTROYED NONCONFORMING BUILDINGS, AND AMENDING THE CODE OF THE CITY OF SEAL BEACH, CALIFORNIA, AND DECLARING THE URGENCY THEREOF I THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: Section 1. Section 28-2406 of Article 24, Chapter 28 of the Code of the City of Seal Beach, California is hereby amended in its entirety to read as follows: Section 28-2406. Reconstruction of Damaged or Destroyed Nonconforming Buildings. A. A nonconforming building damaged or destroyed to the extent of not more than fifty percent of its replacement cost immediately prior to its damage or destruction by fire, explosion or other casualty or act of God or the public enemy may be restored and th~ occupancy or use of such building or part thereof which existed at the time of such damage or destruction may be continued in the same manner which lawfully existed prior to such damage or destruction. B. A nonconforming residential building damaged or destroyed to the extent of more than fifty percent of its replacement cost immediately prior to its damage or destruction by fire, explosion or other casualty or act of God or the public enemy may be restored and the occupancy or use of such building may be continued as provided in this subsection. I 1. Reconstruction SUbject to Administrative Plan Review. Nonconforming residential buildings may be reconstructed pursuant to Administrative Plan Review by the Director of Development Services subject to the following: (a) The minimum number of standard, open and accessible covered parking spaces required by this Chapter shall be provided. (b) The minimum setback and height standards of this Chapter shall be met. Icl The number of units to be reconstructed shall be the number of units legally existing at the time of the building's partial destruction, or one unit for each 950 square feet of lot area, whichever is less. (d) For the purpose of calculating density, all fractions of units shall be rounded to the next highest whole number. 2. Reconstruction SUbject to Minor Plan Review I Permit. Nonconforming residential buildings may be reconstructed pursuant to a consent calendar plan review, subject to the following: lal A minimum of one standard, open and accessible covered parking space shall be provided for each unit. Tandem spaces existing at the time of the building's partial destruction shall be reconstructed, but interior spaces hall not be counted in satisfying the requirement of one space per unit. I I I Ordinance Number J'~~ (b) .The minimum setback and height standards of this Chapter shall be met for the zoning district in which it is located. (c) The number of units to be reconstructed shall be the number of units legally existing at the time of the building's partial destruction, or one unit for each 950 square feet of lot area, whichever is less. Id) For the purpose of calculating density, all fractions of units shall be rounded to the next highest whole number. 3. General Provisions. The following shall apply to the reconstruction of nonconforming residential buildings pursuant to Sections B.l. and B.2., above: la) No reconstruction may enlarge the habitable area of a nonconforming residential building beyond its pre-existing size, unless such enlargement complies with the provisions of this Chapter. Ib) The number of units in a nonconforming residential building shall not be increased unless such increase complies with the provisions of this Chapter applicable to the zoning district in which it is located (c) The reconstruction of nonconforming residential units measuring less than 500 square feet shall be subject to the following findings by the Planning Commission: i. All units and rooms meet the minimums established for residential occupancies under the Uniform Building Code. ii. All feasible area has been utilized to enlarge substandard units, given the availability and location of space on the site, or the constraints imposed by parking requirements and the existing sound primary structure. (d) Any administrative plan review approval or minor plan review approval shall become null and void if not exercised within one year from the date of such approval or issuance, and the provisions of Section 28-2401 shall be applicable. (e) Replacement cost shall be determined by the Director of Development Services, using valuation methods adopted by the Department of Development Services. If the property owner disputes the Director's determination, replacement cost may be determined by a licensed appraiser, selected and paid for by the property owner, which appraiser shall be approved by the Director. C. A nonconforming non-residential building damaged or destroyed to the extent of more than fifty percent of its replacement cost immediately prior to its damage or destruction by fire, explosion or other casualty or act of God or the public enemy may be reconstructed subject to consent calendar plan review in accordance with the following criteria: 1. The property shall provide, at a minimum, the same number of on-site parking spaces as were previously provided. The Planning Commission shall, on a case by case basis, endeavor to increase the ratio of parking to square footage, either by reducing the square footage or by requiring additional parking on-site. In no case shall the square footage be reduced by more than 25 percent. Ordinance Number ~~~ . 2. All setbacks and height restrictions of this Chapter shall be met for the zoning district in which the building is located. D. The owner of any nonconforming building, whether residential or non-residential, may request an administrative review to determine its structural integrity and the legality of existing conditions and improvements. Such review shal~ be I subject to fees as established by the Uniform Building Code, and shall consist of an internal and external inspection of the buildin~ and a review of the City's planning and building files. Following the review, the Department of Development Services shall issue a statement of findings, which shall be final and conclusive unless appealed to the Planning Commission. If the owner does not request such a review, it shall be the owner's responsibility to establish the lawful existence of all conditions and improvements in the course of the reconstruction process. This subsection D provides a voluntary procedure which shall not restrict the right of any property owner to obtain information contained in the City's public records regarding the owner's nonconforming building without making the request provided hereunder. E. The City Council may adopt alternative procedures for the approval of the reconstruction of nonconforming buildings in the event of a natural disaster causing widespread damage to nonconforming buildings within the City. F. Every person who on the lien date of any year was the owner of, or had in such person's possession, or under such person's control, any taxable improvement, which improvement was thereafter destroyed without such person's fault by fire or by any other means prior to July 31st of that year and cannot be I thereafter rebuilt because of a zoning prohibition, may on or before such date as may be prescribed by the county assessor, or by state law, make application for the reassessment of such improvement and deliver to the county assessor a written statement under oath, accompanied by a certificate of a disinterested competent person or authority showing the condition and value, if any, of the improvement immediately after the destruction, and the county assessor shall, on or before October 31st of that year assess the improvement, or reassess it if it has already been assessed, according to the condition and value immediately after the destruction and upon such notice as it may find to be proper the board of supervisors of the county may, until November 30th of that year equalize any such assessment or reassessment. The tax rate fixed for property on the roll on which the improvement so assessed appears or the improvement so reassessed appeared at the time of its original assessment shall be applied to the amount of equalized assessment or reassessment determined in accordance with the provisions hereof. In the event that the resulting figure is less than the tax theretofore computed, the taxpayer shall be liable for tax only for the lesser amount and the difference shall be cancelled. If the taxpayer has already paid the tax previously computed, such difference shall be refunded to the taxpayer. The provisions of this subsection F are enacted pursuant to California Government Code Section 43007. To the extent that the provisions of such I Section 43007 have been or may be superseded or replaced by other provisions of State Law, or to the extent that the county assessor or the board of supervisors may have promulgated or enacted procedures which conflict with the provisions of this subsection F, such provisions of State law or such prpmulgated or enacted procedures shall control. I I I Ordinance Number /.2172 Section 2. For several months the Planning Commission and the City Council of the City of Seal Beach have been considering amendments to the nonconforming disaster clause of the zoning ordinance in an effort to ameliorate the problems experienced by property owners of nonconforming uses whose property is substantially damaged or destroyed by a disaster. Under the present provisions of the zoning ordinance many property owners would be unable to restore substantially damaged or destroyed buildings to occupancy resulting in undue hardship to such property owners. In particular, ceztain areas of the City are subject to flooding during the appzoaching winter season, resulting in substantial damage to residential properties, Under the existing zoning regulations many people will not be able to rebuild their residences. This ordinance will revise such regulations to permit rebuilding under less restrictive provisions which will contain adequate requirements to protect the public health, safety and welfare. This ordinance is therefore necessary to protect the pUblic peace, health and safety, is an urgency ordinance and shall take effect immediately. Section 3. The City Clerk shall certify to the passage of this ordinance and cause the same to be published as required by law and the same shall take effect as provided by law. AND ADOPTED by eeting thereof , 1987. the City counc~~of the City held on the ~ day of . of ~~,JK~ Mayor STATE OF CALIFORNIA) COUNTY OF ORANGE ) SS CITY OF SEAL BEACH ) I, Joanne M. Yeo, City Clerk of the City of Seal Beach, California, do hereby certify that th~foregoing ordinance is an original c of Ordinance Number ~~~ on file in the/9~fice of the Cit lerk, int oduced at a meeting held on the ~ day of , 1987, and passed, approved and adopted by he Clty Councll of e City of Seal~ch atfi / meeting thereof held on the day of ("6:!:!,t.",~a.tf,,V-,/ , 1987 by the following vote: AYES: .,J Councilmembers NOES: ABSENT: Councilmember and do hereby certify that Ordinance published pursuant to the Seal Beach !lumber 2836. Number /~h Z has been City Charter and Resolution Ordinance Number /':;/",2 PROOF OF PUBLICATION 12015.5 C.C.P.) STATE OF CALIFORNIA, County of Orange I am a citizen of the United States and a resident of the County aforesa id; I am over the age of eighteen years. and not a party to or interested in the above-entitled matter. I am the principal clerk of the rlnter of the .................................................... Case NumberA.~.; 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 supplem:t\ thereo~the following dates, ~::~~t.:.()I.~ ... ....16....... all in the year 19 .. I certify lor declare,) under penalty of perlury that the foregoing is true and correct. ~A~ Dated at ~y.................. (!h~~:~.....~~~~...~Q., 19 or r;!!jL S' nature F.... COlllle..' thl.b.lnll. form mly be IICUntll from: CALIFORNIA NEWSPAPER SERVICE BUREAU,INC. Legal Advertising Clearing House 120 Wesl Second Sl'o, Los Angeles, Calif. 90012 Telephone: (213) 625-2541 "1.ln reQU"' GENERAL ......,.. 'ullllelllon .h.n .rd.rln. .hll farm. This space is for the County Clerk's Filing Stamp Proof of Publication of .....~~~.~........... :#nl.\1QJatkn6:d~.:S: ~Ce ,J:>aste Clipping of Not ice SECURELY In This Space , I NOTICE OF PUBLIC HUllING ,.oTICE IS HEREBY GIYEN "'II the ICoty Council oIllIe City 01 Seal Beach Ini hold . pubhC hunnlon Monday, ~19.1987.1t7.00pm rnthe CIty CounCIl Chambers. 211 - 8th :Street. Seal Belch, California to con. SIder the followlnlltem: ZONING TEXT _CliENT_ . Nonconformlna Disaster Clause A Request to conSider an amendment : to Section 28.2406 of the Code of r-- the City of Seal Beach to establish , new relUlatl0n5 few the reconstruc- tion of nonconfarrnlnl bulldlnlSi PlI'- 111o11y dest,","". _ 5etttoM, :18-2406. 28-2600 _.nvironmentll Review.. f.4ea.tlve Declaration 10-86 hal been _pared' In lieu of In Envlronmen. tal Impact Report Applicant: City tA Sell Beach At the above time and place. all In. terested persons may be heard ,t SO des.lFed. NOTICE IS HERE8Y FURTHER GIVEN thIt Slid hearl"l will be continued until. reau'- ~jOumed City Coun- ~~ ";1 _Ill" be helChl7,OQ p.m.. : October 27. 1987. .. _owe an, '1uIther publIC "'1M ond _ acI1an ,....""'-_. EO:~~ th,. 12\11 ~ 01 October. M. Knl..... _ 01 Dlwl_t_ces ,0.-.. IS. 1987. '. . if'll1II11hed I. TlIo.SoII ..... Journal ~if]L"'1~~ ~b I~ I I I . I I Ordinance Number ~~~~ PROOF OF PUBLICA nON 12015.5 C.C.P.I ~ STATE OF CALIFORNIA. County of Orang" I am a citizen of the United Slale' and a resident 0' the County a'ore&ald; I am over the age of eighteen years. and not a party to or Interested in the above.entltled l1Ialler. I am the prinCipal clerk ot the printer 0' the SEAL BEACH JOUHNAL .......................................,..........., .................................................... a newspaper of general clrculatlon, prInted . WEEKL Y and published .................................. In the City of .....~.~~~I..~E~.~~............ County 0' Orange, and which' new.. paper has been adjudged a newspaper 0' general circulation by the Superior Court of the County 0' Orange. St.le 0' California, under thedateof..}.7.~~ 19.7.:', Case Number .AnZ~.8J....; that the notice, of which the annexed Is a printed copy I,et in type not Ismaller than nonpareil I, /lal been published In each regular and entire Issue ofAiald newspaper and not In any sup~lement thereof on the fOIlOW/j9 d"el, to'Wlt: ....... .. . .1.... ... ........ all In the year 19. I certi'y lor declare.1 under penallv 0' perj~ry that the foregoing II true and correct . SEAL UEACII . "';~ ::;:;;.,a8:~tft....~;::7g.;I~:Jl ......m..~ Slgnatur "" c.,..... Ihlt Dllnk firm ...., .. II".,... "'''' I CALIFORNIA NEWSPAPER 5ERVICE BUREAU, INC. Legal Advertising Clearing HOUle 120 Weat Second Sl~, Los Angeles. Calli, 90012 Telephone: 12131li2li.2li41 . Pt....,..a......05NP...r ...,........ ....11........... This space I. for the County Clerk's Filing Stamp 'i , o .~ . - Proo' 0' Publication of ""@;.. "I1':f': ";::':"'il: "')'J:{ji'J..:. ,"\...... ..l@.t.O!}!!... .LfJ.~..7. ~................... Palte Clipping of Notice , SECURELY In This Spa,;" r . ,.~RY ~ r --_t_ ," ~alllJlllI_ t, CUIIIE . 11II lUCY ~ClIIIIua N_I262ar"aIrar ~.... -. -1Iw .. -.. ,.....'_nl PIItolnlnl ID 11I0. ._lIIuctlan '" dlmopd .. ' '.....,..d 1WM_.....1na bullclnp. -......... _lIIIonqoOnl_ ..... __alr Council _'Waf (r ...... 7. 1987"''' ""-' f;~ alll. .... HURl, -, WlIoan '1lIIES, _ __ 'CIIpIooar___I262_ l-in.._ar..alrClerlc. alr HIli. 211 .... __ 'IIo1lTEO ..... ... ., ar _. 1987. --II. Yoo, alr aIIl< alrar.... _ . ~~ 17. 1987. _' inTllo"'_Jaumol. . .