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Home My WebLink AboutCC Ord 1255 1987-12-21 ORDINANCE NUMBER ~~ 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 THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN I AS FOLLOWS: . Section 1. Section 28-2406 of A~ticle 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 Nonconfo~ming 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 dest~uction 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 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 o~ destruction. B. A nonconforming residential building damaged or dest~oyed to the extent of more than fifty percent of its replacement cost immediately prior to its damage o~ destruction by fire, explosion or other casualty or act of God or the public enemy may be resto~ed and the occupancy or use of such building may be continued as provided in this subsection. 1. Reconst~uction Subject to Administrative Plan Review. Nonconforming residential buildings may be reconstructed pursuant to Administ~ative Plan Review by the Director of Development Se~vices subject to the following: I la) 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. (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. ld) For the purpose of calculating density, all f~actions of units shall be rounded to the next highest whole number. 2. Reconstruction Subject to Minor Plan Review Permit. Nonconforming residential buildings may be reconst~ucted I pursuant to a consent calendar plan review, subject to the following: (a) A minimum of one standard, open and accessible cove~ed pa~king space shall be provided for each unit. Tandem spaces existing at the time of the building's partial destruction shall be reconstructed, but interio~ spaces hall not be counted in satisfying the requirement of one space per unit. I I I Ordinance Number I'~~~ (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. ld) 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. lb) 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 lc) 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. ld) 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. Ie) 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 buildi~g 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 shalL 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 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 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 promulgated or enacted procedures shall control. Section 2. 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. I I I I I Ordinance Number ;I-:?~~ PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal~ach at a !<<eeting thereof held on the ,.,2/4' day of ~......~ , 1987. ..~ r ~ r.AA.J Mayor 'f('~I- ATTEST: / t:y, 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 the.tgxegoing ordinance is an original cop of Ordinance Number /~~~ on file in the~tice of the Cit erk,' tro uced at a meeting held on the ~ day of , 1987, and passed, a proved an adopted by the City CouncIl Of~~City of Sea each at~ , meeting ther f held on the ~I~ day of ~ , 1987 by the following vote: AYES: ~ Counci1members NOES: ABSENT: Counci1members and do hereby further certify that Ordinance Number ~~~~has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. Ordinance Number /..lS-S- 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 aforesaid; 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 rinter of the .................................................... and published ... In the City of Yfi P .. .. County Of~; which news, paper has been adjudged a newspaper of general circulation by the SupeNor Court of the County of Orange. State of California, under the date ofl.-:i:N, 19 .7:5 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 ot said newspaper and not in any sUPPlem:/1 thereo~the following dates. ~~:~~~:.Cic.:k ... ....1.6........ all in the year 19 " I certify (or declare) under penalty of perjury that the foregoing is true and correct, R Aadl- Dated at ~~.................. l1tlfjm.~~::~~.:LQ.:.::.~ Free copies of 'his bl.nk form mey be .ecure. from: CALIFORNIA NEWSPAPER SERVICE BUREAU. INC. Legal Advertising Clearing House 120 Wesl Second S"'. Los Angeles. Calif, 90012 Telephone: 12131625-2541 PI.I.e,equel.GENERAL Ptaofof Publln'lon when orderln. .hi. form. This space is for the County Clerk's Filing Stamp Proof of Publication of ...,.~~~.~........... ~L.\1QTclAtn6:d.~.6-o<(; paste Clipping of Notice SECURELY In This Space ! NOTICE OF PUBlIC HEARI\IG OTICE IS HEREBY GIVEN thO! the ity Council of the City of Seal Beach ill hold. public heannl on Monday, 19. ]987,11 7'00p m.1R the rc.ty Council Chambers, 211 _ 8th ~Street. Seal Beach. California to con- '~~ the faUOWlRlltem- 10 ' lUNING TEXT AMENPMENT 5-86 : ~ Nonconforming Disaster Clause A Request to ClOnSIder an amendment ~ to Section 28-2406 of the Code of t the City of Seal Beach 10 establIsh t new regulations for the reconstruc- tion of nonconformlrll bulldlnH5 par. I tlally dest<ayed ~ SectIon., 2B-2406, 28,2600 ~nvjronmental ReView'. 'tegatlve 'Declarauon 10-86 -has been prepared 10 lieu of an EnVironmen- tal Impact Report Applicant City of Seal Beach At the above time and place, all 10- terested persons may be heard If SO deslfed NOTICE IS HEREBY FURTHER GIVEN that Slid hearlrll Will be contlOued until a regular adjourned City Coun- t. cil meeting to be held at 7 ,00 pm, October 27, 1987. to receive any . further public Input and tlke actIOn '. on the above Item. 'DATED thiS 12th day of October. ~19B7 , ,Edward M KnlSht' ;DlrectOl of Development Services ;October 15, 19B7 . IPubllshed In The Seal Beach Journal I ~cl/Jj4.-.-'-' ~ ~b 1/<.0 I I I I Ordinance Number ~~~~ PROOF OF PUBLICATION 12015.5 C.C.P.) STATE OF CALIFORNIA. County of Oranll~ . I am a citizen ot the United States and a resident of the County alorlll;ald; I am over the age of eighteen years. .and nota party to or interested In the above.entl/lud l'Ilaller. I am the principal clerk 01 the prlntur 01 thu SEAL BEACH JUURNAL .................................................... .................................................... a newspaper 01 general circulation. prlnled , WEEKLY and published .................................. , , SEAl BEACH In the City of ..........f'....................... County 01 Orange. and which: news. paper has been adjudged a newspaper 01 general circulation by the Superior Court 01 the County 01 Orange. State 01 California. under thedateol...~.7,~~ If .7.). Case Number . AJlZ,5.QJ....; that the notice. of which the annexed Is a printed copy (Iut in type not/smaller than nonparulll. hili been published In each rllgular and enllre issue of.-sald newspaper and not In any supplem thereol on the f 1I0wlng dalel, to-wit: ........ . II... all in the year 19.~:;;- I clrllfy (or declare) under pltna"V 01 . perj~ry thaI the toregolng II true Ind corl'llct. SEAL BEACII . :r;':" ::;~?'8.~;.;;::!(,(:::i."; . ... >:l..1.4.'. .. .t.J~1J2 . .. . signature!" Frlt 'IPI..lllhll 'link 'Irm mil'" IICY". "''''1 CALIFORNIA NEWSPAPER SERVICE 8UHEAU, INC. Legal Advertising Clearing Houil 120 Weal Second SI~. Los Angeles. Calli. 90012 Telephone: 12131625,2541 This space II for the County Clerk'l Filing Stamp Prool of Publication of .........tJ.. . ~.~.~:...........:......:jf..Ii:;:i~~ ........, ,~l.~..~.............. . PAste Clipping 01 Notice SECURELY In This SPill;U . .. Ordinance Number ~~~ PROOF OF PUBLICATION (2015,5 C.C, P,) STATE OF CALIFORNIA. County of ~range I am a citizen of the United States and a resident of the County aforesaid: 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 printer of the SEAL BEACH JOURNAL .................................................... .................................................... a newspaper of general circulation. printed . WEEKLY , and published..... ..., ...... ................... . - in the City of .....~.~~~..~~,~.~~............. County 01 Orange. and which news, paper has, been adjudged a newspaper of general circulation by the Superior Court of the County of Orange, State ot Calitornia. under the date of.. }.7.~~ 19; ~.~. Case Number .AB~5.eJ....: that the notice. of which the annexed is a printed copy (set in type not'smaller than nonpareill. has been published in each regular and entire issue of said newspaper and not in any supplement thereo~on he tOllowlng/.dates. to.wit('y; ...... ~ ....~.Lt.t,.. eQ.f..~, ........ all in the year 19. . I certity lor declare,> under penalty of perjury that the foregoing is true and correct , , SEAL BEACH ~~~::r:;~:."i~.?!iZ~.~~.~~~i~:..l.~W ~,. ..,nrt. ~~~. S.gn ure Fre. cop.., af Ibll bl.nk torm may H .ocur.. from; CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Clearing House . 120 Wesl Second St.. Los Angeles, Calit, 90012 Telephone: 12t31625-2541 PI"M ro.vo.1 0 EN. R AL Pr..,., PuIlIlCl'lo. wbon o,...rln. Ihll t.rm. This space 15 for the County Clerk's Filing Stamp I Proof N~b~~ion of , . , ......, !.jI.VOl.LmY.Y.Ct...kk..~~.66 :tJ~l.~o:n.\n1....~te.. ..~ , T"~Q;; Clipping \ ~ of Notice . SECURELY -- 'r In ThlS'Space f .8_ o __ __,215 N~G PI8A8TER Cl.AU8E ,. ~0nIl..nc:e Number 1255 01 tile CIIl' 01 i Sui Beach, Imendina; the zoning replltlons pertllnlnl to the ;. rec:onstructlon of dlmlled or ,dll1royecl nonconformilll bulld"'p, . received second reeclifll Ind \IWIS ~ I>r tile Seallleach Coil' Coun. cil It their ,elullr meetinl of December 21. 19871>r tile IDIlow1nl -, . : AYES, Clift, 0..... Hunt, Risner, Wilson t~NOES: None Motion cenied , Copios 01 OnIilllllal Number 1255.. -.iJlble in the office fA the City Clerk. CrIy Hall, 211 . 8th S_, Seal Beach, telephone 213/431,2527, DATED !hi' 2200 day 01' December, 11987, r JoInno M. Veo, CiIl' Cleotl ,~.,,; f Cill' 01 5.., Beach, i-o-nber31,1987, PuIlI.shed in The Seallloach Journal, I ---- I