HomeMy WebLinkAboutCC AG PKT 2006-06-26 #B mi � C 11C �-
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AGENDA REPORT
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REQUESTED BY COUNCILMAN ANTOS
DATE: June 26, 2006
TO: Honorable Mayor and City Council
THRU: John B. Bahorski, City Manager
FROM: Lee Whittenberg, Director of Development Services
SUBJECT: Appropriate Development Standards — Residential Dwelling
Units — Residential Medium Density and Residential High
Density Zones, Planning District I (Coastal Area)
SUMMARY OF REQUEST:
Adopt Ordinance No. , An Interim Ordinance of the City of Seal Beach Prohibiting
the Issuance of Building Permits and other Land Use Entitlements in the Residential
Medium Density, District I, and Residential High Density, District I Zones for Any
Construction of or Additions to Any Dwelling Unit in Excess of 25 Feet in Height and
Declaring the Urgency Thereof.
BACKGROUND:
Overview of Concern:
Pursuant to Council direction, the City has undertaken a comprehensive review of the
entire municipal code, with the goals of updating, modernizing, streamlining, adapting to
changed circumstances and making the Code more "user- friendly." The process was
begun in 2001, and now staff has reached the Zoning Code.
The Zoning Code, adopted in December 1974, contains a number of provisions that are
out -dated or ill suited to address modern trends in development. Further, the Zoning
Code has been amended on a piecemeal basis through the years. Thus, in fiscal year
2006 -07, staff will be presenting to the Planning Commission and City Council a re-
codified Zoning Code that will contain a number of proposed changes.
One topic that staff will be studying is the appropriate height in the higher density zoning
classifications in District I located in Old Town. The standard maximum height for
residences in such area is 25 feet. However, the Municipal Code allows residences to
Agenda Item 8
Z:\My Documents \City Council \Third Story Interim Ordinance.CC Staff Report.DOC\LW\06 -19 -06
Consideration of Adoption of Interim Ordinance re:
Prohibiting Residential Developments Above 25 -Feet in
The RMD and RHD, District I Zones
City Council Staff Report
June 26, 2006
exceed 25 feet in height, up to a maximum of 35 feet, if a property is equal to or more
than 37.5 feet in width (Section 28- 801.F). Unless a conditional use permit is required
(for instance, for a condominium development), or the applicant wants to subdivide the
land (which would require a subdivision map), a residential structure proposed for a lot in
excess of 37 ''/ feet wide could be constructed up to 35 feet tall without any discretionary
review by the City. A structure exceeding 25 feet in height could have an adverse impact
upon surrounding properties and the community at large.
Areas of Potential Impact:
Staff has reviewed the Orange County Assessor map information for the "Old Town"
areas between Pacific Coast Highway and the Pacific Ocean that are in either the
Residential Medium Density, District I, or the Residential High Density, District I Zones.
In those areas there are approximately 400 parcels that are 37.5 wide or wider, broken
down by area as follows:
❑ Pacific Coast Highway, Seal Beach Boulevard, Electric Avenue, and Main Street
(Primarily RMD zoned areas):
❑ Lots 37.5 feet wide –129 lots
❑ Lots greater than 37.5 feet wide – 30 lots
❑ Electric Avenue, Seal Beach Boulevard, Pacific Ocean, and Main Street:
❑ Lots 37.5 feet wide – 33 lots
❑ Lots greater than 37.5 feet wide – 57 lots
❑ Main Street, Pacific Ocean, First Street, Marina Avenue, and Pacific Coast
Highway:
❑ Lots 37.5 feet wide – 78 lots
❑ Lots greater than 37.5 feet wide – 71 lots
Under current Code standards, residences in the Surfside, Heron Pointe, Oakwood
Apartments, and Rossmoor condominium/apartment areas may also exceed 25 feet in
height. However, those areas do not share the same development constraints that affect
Old Town. Accordingly, staff is not recommending that the City study those areas at this
time.
Consideration of "Pipeline Projects ": . •
—
At this time the Building Department has the property at 132 th Street in "Plan Check"
for a 2 -unit residential development that would be affcted4by the adoption of the
discussed interim ordinance. Provided below is a summary of City reviews of this
property:
❑ March 13, 2006 – "Approval in Concept" approved for a two -unit development
on the property that meets all City development standards. Project includes third
story living space in accordance with the allowable zoning standards.
❑ April 18, 2006 – Applications for Conditional Use Permit 06 -4 and Tentative
Parcel Map 2006 -160 submitted to the Planning Department. Request is to
1 Third Story Interim Ordinance.CC Staff Report 2
Consideration of Adoption of Interim Ordinance re:
Prohibiting Residential Developments Above 25 -Feet in
The RMD and RHD, District 1 Zones
City Council Staff Report
June 26, 2006
construct 2 residential units with third floor living space on the rear half of the
property for airspace condominiums. Project design is the same as approved on
March 13.
❑ If the project was not proposed to be developed as a condominium project, no
conditional use permit or tentative parcel map would be required, as all
development standards of the City are met for development in the Residential
High Density, District I zone.
❑ June 7, 2006 — Planning Commission public hearing on proposed project. At the
conclusion of the public hearing the Commission determines to recommend
approval of both applications subject to the development only being 2- stories in
height. Staff is instructed to prepare resolutions to reflect the determination of the
Planning Commission.
❑ June 16, 2006 — Application for building plan check submitted to the Building
Department for the subject project as a two -unit residential development — no
condominium request submitted. Project as submitted does not require any
discretionary land use approvals.
❑ June 21, 2006 — Planning Commission is scheduled to adopt appropriate
resolutions to approve both applications as conditioned by the Planning
Commission. Upon adoption of the project resolutions, the applicant may
determine to appeal the conditions imposed on the Conditional Use Permit
regarding the elimination of the third story living area. If no appeal is filed within
the appeal period, the Planning Commission determinations would be final.
The Planning Department has -also ed "approval in concept" for 1 project comprising
1 residential unit ai18 Eleventh Street for review and consideration by the Coastal
Commission to allow for_the_issuance of a Coastal Development Permit.
Upon issuance of a coastal development permit and city building permits these projects
would then need to complete the plan check process and be issued building permits
before construction of these residential units could commence.
Over the years the City Council has taken different actions to address any projects that
may arguably be considered to be "pipeline" projects when an interim ordinance is
adopted. The first option is to specifically include language within the interim ordinance
that would address "pipeline projects" as determined appropriate by the City Council
after deliberation. The second option is to retain the language in Section 4, Hardship
Exemption ", which would require an applicant to submit supporting documentation to
Staff for consideration by the City Council on a case -by -case basis.
Authority to Adopt Interim Ordinance and Extension Procedures:
The City Council has the authority to adopt an interim ordinance pursuant to the City Charter
and Government Code Section 65858 in order to protect the public health, safety, or welfare.
1 Third Story Interim Ordinance.CC Staff Report 3
Consideration of Adoption of Interim Ordinance re:
Prohibiting Residential Developments Above 25 -Feet in
The RMD and RHD, District I Zones
City Council Staff Report
June 26, 2006
Adoption of such interim ordinance requires the affirmative votes of 4 members of the City
Council.
If the Council adopts the proposed ordinance, it is effective for a 45 -day time period. Prior to
the expiration date, the City Council would receive a report from the Department of
Development Services regarding actions or planned actions to address the issue, and the City
Council would conduct a public hearing to consider an extension of the interim ordinance for
a period of up to 10 months and 15 days. If so extended, the Council has the option of
extending it a second time, for a maximum of one year.
FISCAL IMPACT:
None. The re- allocation of existing staff projects will be required to prepare the
necessary studies and prepare the necessary public hearing documents for Planning
Commission and City Council considerations.
RECOMMENDATION:
Adopt Ordinance No. , An Interim Ordinance of the City of Seal Beach Prohibiting
the Issuance of Building Permits and other Land Use Entitlements in the Residential
Medium Density, District I, and Residential High Density, District I Zones for Any
Construction of or Additions to Any Dwelling Unit in Excess of 25 Feet in Height and
Declaring the Urgency Thereof.
NO " N, . D APP' '4 ED:
6 1
/i
Av. K Whittenberg John : I: ahorski
Director of Development Services City . ager
Attachments: (1)
Attachment 1: Ordinance No. , An Interim Ordinance of the City of
Seal Beach Prohibiting the Issuance of Building Permits
and other Land Use Entitlements in the Residential
Medium Density, District I, and Residential High Density,
District I Zones for Any Construction of or Additions to
Any Dwelling Unit in Excess of 25 Feet in Height and
Declaring the Urgency Thereof
1 4
Third Story Interim Ordinance.CC Staff Report
Consideration of Adoption of Interim Ordinance re:
Prohibiting Residential Developments Above 25 -Feet in
The RMD and RHD, District I Zones
City Council Staff Report
June 26, 2006
ATTACHMENT 1
ORDINANCE NO. , AN INTERIM
ORDINANCE OF THE CITY OF SEAL
BEACH PROHIBITING THE ISSUANCE OF
BUILDING PERMITS AND OTHER LAND
USE ENTITLEMENTS IN THE
RESIDENTIAL MEDIUM DENSITY,
DISTRICT I, AND RESIDENTIAL HIGH
DENSITY, DISTRICT I ZONES FOR ANY
CONSTRUCTION OF OR ADDITIONS TO
ANY DWELLING UNIT IN EXCESS OF 25
FEET IN HEIGHT AND DECLARING THE
URGENCY THEREOF
1 Third Story Interim Ordinance.CC Staff Report 5
ORDINANCE NO. 1547U
AN INTERIM ORDINANCE OF THE CITY OF
SEAL BEACH PROHIBITING THE ISSUANCE
OF BUILDING PERMITS AND OTHER LAND
USE ENTITLEMENTS IN THE RESIDENTIAL
MEDIUM DENSITY, DISTRICT I, AND
RESIDENTIAL HIGH DENSITY, DISTRICT I
ZONES FOR ANY CONSTRUCTION OF OR
ADDITIONS TO ANY DWELLING UNIT IN
EXCESS OF 25 FEET IN HEIGHT AND
DECLARING THE URGENCY THEREOF
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES
ORDAIN AS FOLLOWS:
SECTION 1. Moratorium established. The City of Seal Beach hereby establishes
a moratorium on construction, enlargement, expansion, and structural alteration of
dwelling units in the Residential Medium Density ( "RMD "), District I, and Residential
High Density ( "RHD "), District I zones, if the construction, enlargement, expansion, or
structural alteration would result in a dwelling unit exceeding 25 feet in height
(hereinafter "Development Of Excessive Height ").
SECTION 2. Moratorium defined. Notwithstanding any other ordinance or
provision of the Municipal Code of the City of Seal Beach, except as permitted by
Section 4 below, no application for a building permit, conditional use permit, or any other
entitlement for Development Of Excessive Height shall be approved for property located
in District I during the term of the moratorium established in Section 1 above.
SECTION 3. Moratorium term. This Ordinance shall expire, and the moratorium
established hereby shall terminate, 45 days after the date of adoption unless extended by
the City Council, at a regularly noticed public hearing, pursuant to California
Government Code Section 65858.
SECTION 4. Hardship Exemption. An application for a building permit,
conditional use permit, or any other entitlement for Development Of Excessive Height
may be approved during the term of the moratorium established in Section 1 above if the
applicant has obtained a hardship exemption from the City Council. Hardship exemption
applications shall be filed in writing with the Director of Development Services and shall
contain all documentation relied upon to support the hardship claim. A hardship
exemption application must be filed no later than 10 days in advance of a regular meeting
of the City Council in order to be considered at such meeting; otherwise the application
shall be considered at the following regular meeting. The City Council shall grant a
•
hardship exemption upon making a finding that denial of the exemption and enforcement
of the moratorium against the applicant's property would result in the applicant being
deprived of all economically viable use of the property. The City Council may consider
other factors in order to determine hardship.
SECTION 5. CEQA Finding. The City Council hereby finds that it can be seen
with certainty that there is no possibility the adoption of this Ordinance, and
establishment of a moratorium hereby, may have a significant effect on the environment,
because the moratorium will impose greater limitations on development in the City, and
will thereby serve to reduce potential significant adverse environmental impacts. It is
therefore exempt from California Environmental Quality Act review pursuant to Title 14,
Section 15061(b)(3) of the California Code of Regulations.
SECTION 6. Penalty. Violation of any provision of this Ordinance shall
constitute a misdemeanor and shall be punishable by a fine not to exceed one thousand
dollars ($1,000) or by imprisonment for a period not to exceed six (6) months, or by both
such fine and imprisonment. Each and every day such a violation exists shall constitute a
separate and distinct violation of this Ordinance. In addition to the foregoing, any
violation of this Ordinance shall constitute a public nuisance and shall be subject to
abatement as provided by all applicable provisions of law.
SECTION 7. Legislative Findings. The City Council finds that Seal Beach
residents and property owners are likely to submit applications for construction,
enlargements, expansions, and structural alterations of dwelling units in the RMD,
District I, and RHD, District I zones, that would result in such dwellings exceeding 25
feet in height. Developments Of Excessive Height could be built on approximately 400
parcels in the higher density zones in District I. Based upon the testimony presented to
the city council, a number of property owners are considering building Developments Of
Excessive Height. Section 28- 701A.1 of the Seal Beach Municipal Code currently
permits Development Of Excessive Height in the rear half of any lot with a width equal
to or in excess of 37%2 feet in the RMD, District I zone. Section 28.801.F of the Seal
Beach Municipal Code currently permits Development Of Excessive Height in the rear
half of any lot with a width equal to or in excess of 37Y2 feet in the RHD, District I zone.
However, lots in District I may not be suitable for Development Of Excessive Height due
to the potentially adverse impacts on light, airflow, privacy and views to adjoining
narrower residential properties that are restricted to a lesser building height. District I is
very dense and congested. Development Of Excessive Height in District I would have
detrimental effects on the adjoining narrower residential properties.
The City intends to study, within a reasonable time, the adequacy of its existing
ordinances regulating development on lots with a width equal to or in excess of 37Y2 feet
in the Residential Medium Density, District I, and Residential High Density, District I
zones. The Planning Commission, the City Council and the people of Seal Beach require
a reasonable, limited, yet sufficient period of time to consider and study legally
appropriate and reasonable policies regulating residential buildings and uses on such lots
in order to prevent excessive heights of buildings on properties that cannot accommodate
Ordinance #1547 2
such heights and which will result in loss of privacy on adjoining properties, reduced
natural light and ventilation, and visual blight. Given the time required to undertake the
study and planning this situation calls for, the City Council finds that it is necessary that
this temporary moratorium be declared to ensure that construction of or additions to
buildings and uses that may be in conflict with the contemplated new development
policies are not permitted in the interim. The City Council has the authority to adopt an
interim ordinance pursuant to the City Charter and Government Code Section 65858 in
order to protect the public health, safety, or welfare.
Accordingly, the City Council finds that there is a current and immediate threat to
the public health, safety and welfare presented by construction, enlargement, expansion,
or structural alteration that would result in a dwelling unit exceeding 25 feet in height in
the Residential Medium Density, District I, and Residential High Density, District I
zones. In the absence of immediate effectiveness, the approval of building permits,
conditional use permits or any other applicable entitlements for Development Of
Excessive Height in District I will result in that threat to the public health, safety and
welfare. Due to the foregoing circumstances, it is necessary for the preservation of the
public health, safety and welfare that this Ordinance take effect immediately. This
Ordinance is an urgency ordinance for the immediate preservation of the public peace,
health and safety within the meaning of Government Code Section 36937(b) and an
emergency ordinance within the meaning of City Charter Section 416 and therefore shall
be passed immediately upon its introduction and shall become effective immediately
upon its adoption.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal
Beach at a meeting thereof held on the day of
, 2006.
MAYOR
ATTEST:
CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY
Ordinance #1547 3
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify that the
foregoing ordinance is an original copy of Ordinance Number on file in the
office of the City Clerk, passed, approved and adopted by the City Council of the City of
Seal Beach, pursuant to the City Charter and Government Code Section 65858, at a
meeting held on the day of , 2006
by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
And do hereby further certify that Ordinance Number has been published pursuant to
the Seal Beach City Charter and Resolution Number 2836.
CITY CLERK
4
ordinance #1547
Consideration of Adoption of Interim Ordinance re:
Prohibiting Residential Developments Above 25 -Feet in
The RMD and RHD, District 1 Zones
City Council Staff Report
June 26, 2006
ORDINANCE NO.
AN INTERIM ORDINANCE OF THE CITY OF
SEAL BEACH PROHIBITING THE ISSUANCE
OF BUILDING PERMITS AND OTHER LAND
USE ENTITLEMENTS IN THE RESIDENTIAL
MEDIUM DENSITY, DISTRICT I, AND
• RESIDENTIAL HIGH DENSITY, DISTRICT I
ZONES FOR ANY CONSTRUCTION OF OR
ADDITIONS TO ANY DWELLING UNIT IN
EXCESS OF 25 FEET IN HEIGHT AND
DECLARING THE URGENCY THEREOF
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES
ORDAIN AS FOLLOWS:
SECTION 1. Moratorium established. The City of Seal Beach hereby establishes
a moratorium on construction, enlargement, expansion, and structural alteration of
dwelling units in the Residential Medium Density ( "RMD "), District I, and Residential
High Density ( "RHD "), District I zones, if the construction, enlargement, expansion, or
structural alteration would result in a dwelling unit exceeding 25 feet in height
(hereinafter "Development Of Excessive Height ").
SECTION 2. Moratorium defined. Notwithstanding any other ordinance or
provision of the Code of the City of Seal Beach, except as permitted by Section 4 below,
no application for a building permit, conditional use permit, or any other entitlement for
Development Of Excessive Height shall be approved for property located in District I
during the term of the moratorium established in Section 1 above.
SECTION 3. Moratorium term. This Ordinance shall expire, and the moratorium
established hereby shall terminate, 45 days after the date of adoption unless extended by
the City Council, at a regularly noticed public hearing, pursuant to California
Government Code Section 65858.
SECTION 4 Hardship Exemption. An application for a building permit,
conditional -use prmit, or any other entitlement for Development Of Excessive Height
may be approved during the term of the moratorium established in Section 1 above if the
applicant has obtained a hardship exemption from the City Council. Hardship exemption
applications shall be filed in writing with the Director of Development Services and shall
1 Third Story Interim Ordinance.CC Staff Report 6
Consideration of Adoption of Interim Ordinance re:
Prohibiting Residential Developments Above 25 -Feet in
The RMD and RHD, District I Zones
City Council Staff Report
June 26, 2006
contain all documentation relied upon to support the hardship claim. A hardship
exemption application must be filed no later than 10 days in advance of a regular meeting
of the City Council in order to be considered at such meeting; otherwise the application
shall be considered at the following regular meeting. The City Council shall grant a
hardship exemption upon making a finding that denial of the exemption and enforcement
of the moratorium against the applicant's property w ald result in the applicant being
deprived of all economically viable use of the propert.f.
u
SECTION 5. CEQA Finding. The City Council hereby finds that it can be seen
with certainty that there is no possibility the adoption of this Ordinance, and
establishment of a moratorium hereby, may have a significant effect on the environment,
because the moratorium will impose greater limitations on development in the City, and
will thereby serve to reduce potential significant adverse environmental impacts. It is
therefore exempt from California Environmental Quality Act review pursuant to Title 14,
Section 15061(b)(3) of the California Code of Regulations.
SECTION 6. Penalty. Violation of any provision of this Ordinance shall
constitute a misdemeanor and shall be punishable by a fine not to exceed one thousand
dollars ($1,000) or by imprisonment for a period not to exceed six (6) months, or by both
such fine and imprisonment. Each and every day such a violation exists shall constitute a
separate and distinct violation of this Ordinance. In addition to the foregoing, any
violation of this Ordinance shall constitute a public nuisance and shall be subject to
abatement as provid d -.by all applicable provisions of law.
SECTION 7. Legislative Findings. The City Council finds that Seal Beach
residents and property owners are likely to submit applications for construction,
enlargemente-x.. a sions, and structural alterations of dwelling units in the RMD,
District I, . •ea 11, District I zones, that would result in such dwellings exceeding 25
feet in hei - a ction 28- 701A.1 of the Seal Beach.Municipal Code currently permits
Developm:. a Excessive Height in the rear half of any lot with a width equal to or in
excess of 37Y2 feet in the RMD, District I zone. Section 28.801.F of the Seal Beach
Municipal Code currently permits Development Of Excessive Height in the rear half of
any lot with a width equal to or in excess of 37 %2 feet in the RHD, District I zone.
However, lots in District I may not be suitable for Development Of Excessive Height due
to the potentially adverse impacts on light, airflow, privacy and views to adjoining
narrower residential properties that are restricted to a lesser building height. District I is
very dense and congested. Development Of Excessive Height in District I would have
detrimental effects on the adjoining narrower residential properties.
The City intends to study, within a reasonable time, the adequacy of its existing
ordinances regulating development on lots with a width equal to or in excess of 37h feet
in the Residential Medium Density, District 1, and Residential High Density, District I
zones. The Planning Commission, the City Council and the people of Seal Beach require
a reasonable, limited, yet sufficient period of time to consider and study legally
Third Story Interim Ordinance.CC Staff Report
Consideration of Adoption of Interim Ordinance re:
Prohibiting Residential Developments Above 25 -Feet in
The RMD and RHD, District I Zones
City Council Staff Report
June 26, 2006
appropriate and reasonable policies regulating residential buildings and uses on such lots
in order to prevent excessive heights of buildings on properties that cannot accommodate
such heights and which will result in loss of privacy on adjoining properties, reduced
natural light and ventilation, and visual blight. Given the time required to undertake the
study and planning this situation calls for, the City Council finds that it is necessary that
this temporary moratorium be declared to ensure that construction of or additions to
buildings and uses that may be in conflict with the contemplated new development
policies are not permitted in the interim. The City Council has the authority to adopt an
interim ordinance pursuant to the City Charter and Government Code Section 65858 in
order to protect the public health, safety, or welfare.
Accordingly, the City Council finds that there is a current and immediate threat to
the public health, safety and welfare presented by construction, enlargement, expansion,
or structural alteration that would result in a dwelling unit exceeding 25 feet in height in
the Residential Medium Density, District I, and Residential High Density, District I
zones. In the absence of immediate effectiveness, the approval of building permits,
conditional use permits or any other applicable entitlements for Development Of
Excessive Height in District I will result in that threat to the public health, safety and
welfare. Due to the foregoing circumstances, it is necessary for the preservation of the
public health, safety and welfare that this Ordinance take effect immediately. This
Ordinance is an urgency ordinance for the immediate preservation of the public peace,
health and safety within the meaning of Government Code Section 36937(b) and an
emergency ordinance within the meaning of City Charter Section 416 and therefore shall
be passed immediately upon its introduction and shall become effective immediately
upon its adoption.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal
Beach at a meeting thereof held on the day of
, 2006.
MAYOR
ATTEST:
CITY CLERK
1 Third Story Interim Ordinance.CC Staff Report 8
Consideration of Adoption of Interim Ordinance re:
Prohibiting Residential Developments Above 25 -Feet in
The RMD and RHD, District I Zones
City Council Staff Report
June 26, 2006
APPROVED AS TO FORM:
CITY ATTORNEY
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify that the
foregoing ordinance is an original copy of Ordinance Number on file in the
office of the City Clerk, passed, approved and adopted by the City Council of the City of
Seal Beach, pursuant to the City Charter and Government Code Section 65858, at a
meeting held on the day of , 2006
by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
And do hereby further certify that Ordinance Number has been published pursuant to
the Seal Beach City Charter and Resolution Number 2836.
CITY CLERK
1 Third Story Interim Ordinance.CC Staff Report 9