HomeMy WebLinkAboutPC Res 04-10 - 2004-02-04
RESOLUTION NUMBER 04-10
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A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL
BEACH RECOMMENDING TO THE CITY
COUNCIL APPROVAL OF ZONE TEXT
AMENDMENT 04-1, 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
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH
DOES HEREBY RESOLVE:
Section 1. At its meetings of January 21 and February 4, 2004, the
Planning Commission considered Zone Text Amendment 04-1. This amendment would
establish new standards for the alteration and enlargements to nonconfonmng residential
buildings and uses.
Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15305 and ~ ILB of
the City's Local CEQA Guidelines, staff has detennined as follows: The application for
Zone Text Amendment 04-1 is categorically exempt from review pursuant to the
California Environmental Quality Act pursuant to Section 15301(a), (d) and (e), and
Section 15305 of the CEQA Guidelines.
Section 3. A duly noticed public hearing was held by the Planning
Commission on January 21, 2004 and continued to February 4, 2004 to conSIder Zone
Text Amendment 04-1.
Section 4. The record of the hearings of January 21 and February 4,
2004 indicates the following:
a. The City Council in January 2003 requested the Planning Commission to
schedule a Study Session to review the existmg standards in the Zoning Ordinance regarding
the addition and expansion provisions for non-confonning residential uses; and
b. The Planning Commission conducted an initial study session regarding
this issue on February 5, 2003 and directed staffto:
o schedule an additional study session for March 5, 2003; and
o prepare additional land development proposals regarding expansIOns to
non-confonning reSidential structures related to provision of additional
parking and allowable size of a proposed expansion; and
c. On March 5, 2003 the Planning Commission conducted their second
"Study Session" regarding the issue of the CU11'ent Zoning Ordinance provisions that
allow for the expansion of legalnon-confornling reSIdential structures. Dunng the study
session, several individuals indicated Ulat the current regulations are not reflective of the
community's desires and recommended that no addition or expansions of legal non-
confonning structures be pennitted in the future; and
d. After c10smg the March 5, 2003 study seSSIOn, the Commission
adopted on 5-0 vote the following recommendation:
Z \My Doeumenls\RESO\ZTA 04-1 PC Re~o (Nonwnfollntng ReSidential Expall~lon') dQ(,\LW\02-0S-04
Planl/lng ComllllSSlOn Re~oll/tlon No 04-10
Zone Text Amendment 04-1
Amendments to SectIOn 28-2407 1 e
ExpallMOIl of Non-Con!Ol m11lg ReMdelltwl SIll/etl/res
Febrl/ary 4, 2004
"To recommend the City Council consider elimmation of the
provisions allowing for expanSIOns or additions to any legal
non-confonmng structures within the City."; and
e. On April 14, 2003 the City CounCil considered the recommendation of
the Planning Commission and deternlined to adopt Ordinance No. 1498, 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 Nonconfonning Residential Buildings and Uses During the
Pendency of the City's Review and Adoption of Relevant Permanent Zoning Regulations
and Declaring The Urgency Thereof (the "Interim Ordinance"). The initial interim
ordinance was effective for 45 days and was subsequently extended for a maximum
period of an additional 10 months and 15 days on May 12, 2003, by the adoption of
Ordinance No. 1502, in accordance with the provisions of State law; and
f. On July 14, 2003 the City Council considered the possibility of
approving a limited exception of the intenm prohibition for expanSIOn or addition to legal
non-confonning structures in the City if all current development standards, including the
off-street parking reqUirements and excluding the density requirements, are met. After
discussion, the City Council determined to receive and file the StafI Report on this
matter, thereby taking no action regarding the proposed exception; and
g. The Planning Commission conducted a final study session on
December 3, 2003 and at the conclusion of the Study Session directed staff to schedule
public hearing on Zone Text Amendment 04-1, to consider several proposed alternatives;
and
h. At said public hearings there was oral and wntten testimony and
eVidence received by the Planning Commission.
Section 5. Based upon the facts contained in the record, including
those stated in * 4 of this resolution and pursuant to ** 28-2600 of the City's Code, the
Planning Commission makes the following findings:
a. Zoning Text Amendment 04-1 is consistent With the provisions of
the vanous elements of the City's General Plan. Accordingly, the proposed use is
consistent with the Gencral Plan. The proposed amendment is administrative 111 nature
and will not result 111 changes inconsistent with the eXIsting provisions of the 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 the proposed Zone Text
Amendment.
c. The proposed text amendment will reVIse the City's zoning
ordinance and enhance the ability of the City to ensure orderly and planned development
in the City through an amendment of the zoning requirements. Specifically, this
amendment would establish new standards for the alteration to nonconfonning residential
buildings and uses, and regulate additions to such legal nonconforming residential
structures in accordance WIth the recommended language of Zone Text Amendment 04-1.
Section 6. Based upon the foregoing, the Planning CommiSSIOn
hereby recommends approval of Zone Text Amendment 04-1 to the City Council as set
forth on Exhibit A, attached to this resolution and incorporated herein.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the
City of Seal Beach at a meeting thereof held on the 4 th day of
February ,2004, by the following vote.
ZTA 04-1 PC Reso (Nonconfon11lng ReSidential Exp,II1~lOns) 2
Plan1l1ng COmmiSSIOn ResolutIOn No 04-10
ZOlle Text Amendmellt 04-1
Amelldments to Sect 1011 28-2407 1 e
ExpallS/Oll oj Non-Conforming Res[(lentwl Stll/ctlll es
Febll/wy 4, 2004
AYES: Commissioners
DEATON, EAGAR, LADNER, SHANKS, AND SHARP
NOES: Commissioners
ABSENT: Commissioners
ABSTAIN: Commissioners
ZTA 04-1 PC Rcso (NolleonJol11l1llg Rcsldcntlal Expmmolls) 3
Plan1l1ng CommiSSIOn ResolutIOn No 04-10
Zone Text Amendment 04-1
Amelldments to SectIOn 28-2407 re
ExpansIOn ofNoll-CollJormlllg ReMdelltzal Struetures
Februl111J 4, 2004
"EXHIBIT A" - AL TERNA TIVE 2-A
REVISIONS TO ALLOW EXPANSIONS OF NONCONFORMING
RESIDENTIAL STRUCTURES ONLY IF THE
NONCONFORMITY IS A SETBACK
ORDINANCE NUMBER , 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)
ZTA 04-1 PC Reso (Noneonfollmng Resldentml Exp,Ill~lOn~) 4
Plalllllllg COlll1ll1SMOll ResolutlOll No 04-10
Zone Text Amendment 04-1
A1/lend11lellt~ to SeetlOll 28-2407 1 e
ExpallSlOll of NOll-Con(orm11lg Res[(lentwl Structl/l e~
Februan,4, 2004
ORDINANCE NUMBER
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)
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 COlmnission 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 development proposals regarding expanSIons to
non-confonning residential structures related to provision of additional
parking and allowable size of a proposed expansion; and
WHEREAS, On March 5, 2003 the Planning Commission conducted their second
"Study Session" regarding the issue of the current Zoning Ordmance
provisions that allow for the expansion of legal non-confonning
residential structures. During the study session, several individuals
indicated that the current regulations are not reflective ofthe community's
desIres and recommended that no addition or expanSIOns of legal non-
conforming structures be pe1l11itted in the future; and
WHEREAS, After closing the March 5, 2003 study session, the Commission adopted
on 5-0 vote the following recommendation:
"To recommend the City Council consider elimination of the
provisions allowing for expansions or additions to any legal
non-confonning structures within the City."; and
WHEREAS, On April 14, 2003 the City Council considered the recommendation of the
Planning Commission and dete1l11ined to adopt Ordinance No. 1498, An
Intedm Ordinance of the City of Seal Beach Enacted Pursuant to
Califoll1ia Government Code Section 65858 Prohibiting Minor or Major
Structural Alterations, Enlargements and Expansions to Certain
Noneonfonning Residential Buildings and Uses During the Pendency of
the CIty'S Review and Adoption of Relevant Penn anent Zoning
Regulations and Declaring The Urgency Thereof (the "Interim
Ordinance"). The initial interim ordmance was effective for 45 days and
was subsequently extended for a maximum period of an addItional 10
months and 15 days on May 12, 2003, by the adoptton of Ordinance No.
1502, in accordance with the provisions of State law; and
WHEREAS, On July 14,2003 the City Council considered the possibility of approving
a limIted exception of the interim prohibitIon for expansion or addition to
legal non-confonn111g structures in the City if all current development
standards, including the off-street parking requirements and excluding the
density requirements, are met. After discussion, the City CounCIl
ZTA 04-1 PC Rcso (NoneonlOlnllng Resldentml ExpanSions) 5
Pla111l1ng COmmiSSIOn ResolutIOn No 04-lO
Z011e Text Amendment 04-1
Amendments to SectIOn 28-2407 re
E.']JW1MOn oJ Non-ConjOlml1lg Resulentwl Slluetlll es
Februm1J 4, 2004
detennined to receive and file the Staff Report on this matter, thereby
taking no action regarding the proposed exception; and
WHEREAS, The Planning Commission conducted a final study session on December 3,
2003 and at the conclusion of the Study Session directed stafI to schedule
public hearing on Zone Text Amendment 04-1, to consider several proposed
altematives; and
WHEREAS, the City is proposing to establish new requirements and criteria for the
enlargement or structural alteration of non-confonning residential structures;
and
WHEREAS, the subject zone text amendment would apply to all non-contol111ing
residential structures within the City; and
WHEREAS, the proposed Zone Text Amendment is CategOlically Exempt from the
provisions of the California Environmental Quality Act (CEQA) pursuant to
Section 15301(a), (d) and (e), and Section 15305 of the CEQA GUldell11es;
and
WHEREAS, a duly noticed publie hearing was held by the Planning Commission on
January 21, 2004, and continued to February 4, 2004 to consider Zone Text
Amendment 04-1; and
WHEREAS, the said COlIDllission held said aforementioned Public Hearing; and
WHEREAS, at said publIc hearing there was oral and written testimony or evidence
received by the Planning Commission; and
WHEREAS, the Planning Conunission made the following findl11gs:
(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 inconsistent WIth the existl11g provisions of the General
Plan.
(b) This proposal will result 111 the completion of a city study that was
initiated in January 2003, but not finalized until adoption of the
proposed Zone Text Amendment.
(c) The proposed text amendment will revise the City's zoning
ordinance and enhance the ability of the City to ensure orderly and
planned development in the City through an amendment of the
zoning reqUirements. Specifically, this amendment would
establish new standards for the alteration to nonconfonning
residential buildings and uses, and prohibit additions to such legal
nonconforming structures 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,
, 2004; and
WHEREAS, the City Council received into evidence the Report of the Planning
COlIDnission, including the Staff Report and Planning CommiSSIOn Minutes
of January 21, 2004, and Planning Commission Resolution No. 04- . In
addition, the City Council considered all written and oral evidence presented
at the time of the public hearing; and
ZTA 04-1 PC Rc~() (NOIlWllfol1ll1llg RC~ldellll,11 EXp,II1"OIl~) 6
Plall111ng COm11l1~~lOn ResolutIOn No 04-10
Zone Text Amendment 04-1
Amendments to SectIOn 28-2407 re
Er}JanslOlI oj Non-ConJ0rt111ng Resulentwl Stlueture.\
F ebruw:v 4, 2004
WHEREAS, at the conclusion of the public hearing, based upon the evidence presented,
the City Council detel111ined to approve Zone Text Amendment 04-1.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL
BEACH DOES ORDAIN AS FOLLOWS:
Section 1. Section 28-2407 of Article 24 of Title 28 of The Code of The City
of Seal Beach is hereby amended to read as follows:
"Section 28-2407. Enlargements or Structural Alterations to
Nonconfonning Residential Buildings and Uses. Nonconl01l11ing
residential buIldings may be enlarged or structurally altered as provided in
this section.
A. PennittedImprovements.
1. Minor Structural Alterations and Improvements to
noncontorming residential buildings and uses listed as fol-
lows may be approved by the issuance of a building permit:
(a) Skylights.
(b) Solar Systems.
(c) Additional windows.
(d) Decorative exterior improvements.
(e) Building maintenance.
(t) Adding or replacing utilities.
(g) Otller minor structural alterations and
improvements similar to the toregolllg, as
detennined by the Planning Commission.
2. Minor Structural Alterations or Improvements to
nonconformlllg 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 enclosed).
(c) Roof additions over balconies and porches.
(1) Roof eaves proJecting five (5) feet 111tO the
required rear yard setback of Planning
District I, Residential Low Density Zone.
(d) Additional exterior doors.
(e) Additional garages and carports, includmg tandem
garages and carports.
(f) Interior wall moditications and remodeling which
involves removal of or structural alteration to less
than twenty-five percent (25%) of the structure's
interior walls. Such interior wall modifications or
remodeling may lllcreasc the number of bathrooms
proVIded that the number does not exceed the
following bedroom/bathroom ratio: one bath for
each bedroom plus an additional half-bath. The
number of bedrooms, as defined in Section 28-210
of this chapter, shall not be increased if the subject
property is nonconforming due to density or
parking.
(g) Reduction in the number of units involving removal
or structural alteration to less than fitly percent
(50%) of the structures interior walls.
ZTA 04-1 PC Reso (NoneonfOlmmg RC~ldcntml ExpanslOn~) 7
Plannlllg COm1ll1~51On Re~oll/llOn No 04-10
Zone Text Amendment 04-1
Amendments to SectIOn 28-2407 1 e
ExpansIOn of Non-Conj01mlllg Resulentwl Stll1ctl11 es
Februw:v 4, 2004
(h) Other minor structural alterations and
improvements similar to the foregoing, as
determined by the Planning Commission.
3. Residential Low Density Zone. Planning Districts
through 7: Structural Alterations. Enlargements or
Expansions to nonconfonning single-family residential
bUIldings and uses whIch are nonconforming only by
reason of building height exceeding the maximum height or
inadequate setbacks, including the reqUIred setback for
existing legal, non-conforming garages, carp0l1s, and
exterior stairways, may be approved by the Planning
Commission pursuant to minor plan review as a scheduled
matter item, subject to the following:
(a) All enlargements or expansions shall comply with
the mmimum yard dimensions for the zone and
district m which the building or use is located.
(b) The existmg nonconfonning side yard setback shall
be no less than three (3) feet in width, with the
exception of existing legal non-confonTImg exterior
stairways, which shall comply with all applicable
provisions of the California Buildmg Code as most
recently adopted by the City, with the exception or
the required with the exception of the required
California Building Code setback requirements.
(c) The existing noncontorming side yard setback may
be less than three (3) feet in width on properties
developed pursuant to "Precise Plan" or "Planned
Unit Development" approvals previously granted by
the City.
4. Residential Medium Density Zone and Residential High
Density Zone. Planning District 1: Structural Alterations.
Enlargements or Expansions to nonconton111ng singlc-
family residential buildings and uses which are
nonconfonning only by reason of building height
exceeding the maximum height or inadequate setbacks,
including the required setback for existing legal, non-
confonning garages, carports, exterior stairways, may be
approved by the Planning Commission pursuant to mmor
plan review as a scheduled matter item, 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 nonconfonning side yard setback shall
be no less than three (3) feet in width, WIth the
exception of existing legal non-contorming 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
the required with the exception of the required
California Building Code setback requirements.
(c) Garage and carport setbacks adjacent to a public
alley shall comply with current applicable setback
requIrements."
Section 2. SeverabilIty. If any section, 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
ZTA 04-1 PC Rcso (Noneollfonmng ReSlllcllhal Exp,mslOns) 8
Plan11lng COn11111.\.HOn Re~ollltlOll No 04-10
Zone Text Amendment 04-1
Amendments to Section 28-2407 /'e
EJ.}Janslon oJ Non-Confo/'m11lg Res[(lentwl St/'lletUl es
Febl11wy 4, 2004
portion of this Ordinance or any part thereof: The City Council hercby declares that It
would have passed each section, subsection, subdivision, paragraph, sentence, clause or
phrase thereof, irrespeetive of the fact that anyone or more section, subsection,
subdivision, paragraph, sentence, clause or phrase be declared invalid or unconstitutional.
Section 3. The City Clerk shall cause this ordinance to be publIshed in
accordance with applicable law.
PASSED, APPROVED AND ADOPTED by the City Council of the CIty of Seal
Beach at a meeting thereof held on the day of
,2004.
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF SEAL BEACH
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I, Joanne M. Yeo, City Clerk of the City of Seal Beach, California, do hereby certIfy that
the toregoing Ordmance is an original copy of Ordinance Number on file m
the office of the City Clerk, introduced at a meeting held on the
day of , 2004, and passed, approved and adopted by the
CIty Council of the City of Seal Beach at a meeting held on the
day of ,2004 by the tollowing vote:
AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
and do hereby fUlther celtify that Ordinance Number has been published pursuant
to the Seal Beach City Charter and Resolution Number 2836.
City Clerk
ZTA 04-1 PC Reso (Nom,onllllmlllg Resldentml EXp,II1S1llll~) 9