HomeMy WebLinkAboutCC AG PKT 2006-07-27 #O i •
AGENDA REPORT fi p i 7 �'
d - C PV)11A
A frij
DATE: July 24, 2006
TO: Honorable Mayor and City Council
THRU: John B. Bahorski, City Manager
FROM: Lee Whittenberg, Director of Development Services
Quinn Barrow, City Attorney
SUBJECT: PUBLIC HEARING — ORDINANCE NO. U,
CONSIDERATION OF EXTENSION OF INTERIM
ORDINANCE NO. 1547U RE: PROHIBITING THE
ISSUANCE OF 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 DURING THE PENDENCY OF THE CITY'S
REVIEW OF REGULATIONS
SUMMARY OF REQUEST:
Conduct Public Hearing. After consideration of all public testimony, issue Report and
adopt Ordinance No. U, An Interim Ordinance of the City of Seal Beach Extending
Interim Ordinance No. 1547U, Prohibiting the Issuance of 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 During the Pendency of the City's Review of Regulations.
BACKGROUND:
On June 26, 2006, the City Council adopted 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' and
referred the matter to the Planning Commission with direction to consider this matter in as
expeditious a manner as possible. Ordinance No.1547U will expire on August 9, 2006
Agenda Item 0
Z:\My Documents \Third Story Interim Ordinance\Interim Ord Extension.CC Staff Report.doc\LW\07 -I4 -06
Public Hearing — Consideration of Extension of Interim Ordinance re:
Appropriate Development Standards - Residential Medium Density
and Residential High Density Zones,
Planning District 1 (Coastal Area)
City Council Staff Report
July 24, 2006
unless it is extended by City Council adoption of a new interim ordinance pursuant to
California Government Code Section 65858. The public hearing to consider extending
the effective time of the interim ordinance has been scheduled for this evening because
the City Council will not meet again before the August 9 expiration date of Ordinance
No. 1547U.
Both the Planning Commission and City Council must conduct public hearings before
considering amendments to current development standards regarding the appropriate
development standards for the Residential Medium Density, District I, and Residential
High Density, District I Zones. In addition, an environmental evaluation will need to be
conducted.
Studies have only recently been initiated and further study is necessary. It would
therefore be necessary to extend the effective period of the interim regulations for an
additional ten (10) months and fifteen (15) days, if the City Council is desirous of not
allowing additional developments to proceed under the current regulations within the . . .
subject area of the City during the evaluation of current development standards and the
preparation of revised development standards.
Upon the completion of appropriate research, staff will prepare a public hearing packet
for consideration by the Planning Commission and City Council, along with the
appropriate environmental evaluation. Staff has prepared a report for Planning
Commission consideration that sets forth an anticipated time schedule to complete both
Planning Commission and City Council review of any proposed Zoning Code
amendments regarding this issue.
Pursuant to provisions of Government Code § 65858, a public hearing is to be held this
evening to consider an extension of the moratorium. Upon completion of the public
hearing, the City Council may extend the effective time period of Ordinance No. 1547U
for a maximum time period of 10 months and 15 days. This action would require a four -
fifths vote of the City Council for adoption.
In summary, the City Planning Staff has initiated studies, the Planning Commission has
considered this matter, and the City Council has held a public hearing to further consider
this matter. These are the measures, inter alia, taken to alleviate the condition that led to
the adoption of the interim ordinance.
On July 14, 2006, a written report describing the measures taken to alleviate the
conditions that led to the adoption of Ordinance No. 1547U was prepared in compliance
with the provisions of California Government Code § 65858(d). A copy of that report is
provided as Attachment 2 for the information of the City Council and public during the
scheduled public
2
Interim Ord Extension.CC Staff Reportlnterim Ord Extension.CC Staff Report
Public Hearing— Consideration of Extension of Interim Ordinance re:
Appropriate Development Standards - Residential Medium Density
and Residential High Density Zones,
Planning District I (Coastal Area)
City Council Staff Report
July 24, 2006
On July 19 the Planning Commission considered a Staff Report re: Review and Approval
of Proposed "Schedule Of Activities And Meetings — Three -Story Interim Ordinance ", and
concurred with the time schedule set forth therein to review and consider adoption of new
development standards to address the issues under consideration. A copy of that report is
provided as Attachment 3 for the information of the City Council and public during the
scheduled public hearing.
Provided as Attachment 4 is a copy of the Public Hearing Notice published in the Sun
Newspaper on July 13 regarding this matter.
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: -
Conduct Public Hearing. After consideration of all public testimony, adopt Ordinance
No. U, An Interim Ordinance of the City of Seal Beach Extending Interim
Ordinance No. 1547U, 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 During the Pendency of the City's Review and Adoption of Permanent
Zoning Regulations for Such Uses and Declaring the Urgency Thereof.
NOTEDA D AP ' 44 ED:
. Whitten' erg o ! B. Bahorski
/12
ector of Development Services Manager
Attachments: (4)
Attachment 1: Ordinance No. , An Interim Ordinance of the City
of Seal Beach E ending Interim Ordinance No. 1547U,
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
3
Interim Ord Extension.CC StaffReportlnterim Ord Extension.CC Staff Report
Public Hearing— Consideration of Extension of Interim Ordinance re:
Appropriate Development Standards - Residential Medium Density
and Residential High Density Zones,
Planning District I (Coastal Area)
City Council Staff fReport
July 24, 2006
in Excess of 25 Feet in Height During the Pendency of the
City's Review and Adoption of Permanent Zoning
Regulations for Such Uses and Declaring the Urgency
Thereof
Attachment 2: Issuance of Report re: Third Story Development Standards
Review — Residential Medium Density and Residential
High Density, District I, Zones, dated July 14, 2006
Attachment 3: Planning Commission Staff Report re: Review and •
Approval of Proposed "Schedule of Activities and Meetings
— Three -Story Interim Ordinance" dated July 19, 2006
Attachment 4: Public Hearing Notice - Extension of Time - Interim
Ordinance No. 1547U, Moratorium on the Issuance of
Building Permits and other Land Use Entitlements for
Construction of or Additions to Any Dwelling Unit in
Excess of 25 Feet in Height in the Residential Medium
Density, District I, and Residential High Density, District I
Zones in the Old Town Area of Seal Beach
4
Interim Ord Extension.CC StaffReportlnterim Ord Extension.CC Staff Report
Public Hearing — Consideration of Extension of Interim Ordinance re:
Appropriate Development Standards - Residential Medium Density
and Residential High Density Zones,
Planning District I (Coastal Area)
City Council Staff Report
July 24, 2006
ATTACHMENT 1
ORDINANCE NO. U, AN INTERIM
ORDINANCE OF THE CITY OF SEAL
BEACH EXTENDING INTERIM
ORDINANCE NO. 1547U, 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 DURING THE
PENDENCY OF THE CITY'S REVIEW AND
ADOPTION OF PERMANENT ZONING
REGULATIONS FOR SUCH USES AND
DECLARING THE URGENCY THEREOF
5
Interim Ord Extension.CC Staff Reportlnterim Ord Extension.CC Staff Report
Public Hearing — Consideration of Extension of Interim Ordinance re:
Appropriate Development Standards - Residential Medium Density
and Residential High Density Zones,
Planning District I (Coastal Area)
- ----,__ City Council Staff Report
---., July 24, 2006
/f di/
7 ORDINANCE NO.) S u
/
/
AN INTERIM ORDINANCE OF THE CITY OF \
SEAL BEACH EXTENDING INTERIM
ORDINANCE NO. 1547U, PROHIBITING THE
ISSUANCE OF BUILDING PERMITS AND j
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 DURING THE PENDENCY
OF THE CITY'S REVIEW AND ADOPTION OF
PERMANENT ZONING REGULATIONS FOR
\ SUCH USES AND DECLARING THE
\URGENCY THEREOF
THE CITY COUNCIL CITY OF SEAL BEACH DOES
ORDAIN AS FOLLOWS:
SECTION 1. Extension of Moratorium. Ordinance No. 1547U, adopted June
26, 2006 and set to a pire on August 9, 2006, is hereby readopted and extended in full
force and effect for months and -f fteGn days• to and including J�yn� (5, 2007.
r t ), ' �
SECTION 2. Alleviation Measures Report. In accordance with California
Government Code Section 65858(d), the City of Seal Beach issued a written report
describing the measures taken to alleviate the condition that led to the adoption of
Ordinance No. 1547U.
SECTION 3. 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
6
• Interim Ord Extension.CC StaffReportInterim Ord Extension.CC Staff Report
Public Hearing— Consideration of Extension of Interim Ordinance re:
Appropriate Development Standards - Residential Medium Density
and Residential High Density Zones,
Planning District I (Coastal Area)
City Council Staff Report
July 24, 2006
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 4. 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 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 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.
•
,P The City intends to study, within a reasonable time, the adequacy of its existing
1 or`dinances regulating development on lots with a width equal to or in excess of 37 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
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
necessary study and planning, 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 extension of 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,
7
Interim Ord Extension.CC Staff Reportlnterim Ord Extension.CC Staff Report
Public Hearing — Consideration of Extension of Interim Ordinance re:
Appropriate Development Standards - Residential Medium Density
and Residential High Density Zones,
Planning District I (Coastal Area)
City Council Staff Report
July 24, 2006
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
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:
8
Interim Ord Extension.CC StaffReportlnterim Ord Extension.CC Staff Report
Public Hearing — Consideration of Extension of Interim Ordinance re:
Appropriate Development Standards - Residential Medium Density
and Residential High Density Zones,
Planning District 1 (Coastal Area)
City Council Staff Report
July 24, 2006
AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
And do hereby further certify that Ordinance Number has been published pursuant to
the Seal Beach City Charter and Resolution Number 2836.
City Clerk
9
Interim Ord Extension.CC Staff Reportlnterim Ord Extension.CC Staff Report
Public Hearing— Consideration of Extension of Interim Ordinance re:
Appropriate Development Standards - Residential Medium Density
and Residential High Density Zones,
Planning District 1 (Coastal Area)
City Council Staff Report
July 24, 2006
ATTACHMENT 2
ISSUANCE OF REPORT RE: THIRD STORY
DEVELOPMENT STANDARDS REVIEW -
RESIDENTIAL MEDIUM DENSITY AND
RESIDENTIAL HIGH DENSITY, DISTRICT
I, ZONES, DATED JULY 14, 2006
10
Interim Ord Extension.CC Staff Reportlnterim Ord Extension.CC Staff Report
•
REPORT ISSUANCE IN COMPLIANCE WITH
GOVERNMENT CODE SECTION 65858(d)
DATE: July 14, 2006
•
TO: Honorable Mayor and City Council
THRU: John Bahorski, City Manager
•
FROM: Lee Whittenberg, Director of Development Services
SUBJECT: : ISSUANCE OF REPORT RE: THIRD STORY
DEVELOPMENT STANDARDS REVIEW -
RESIDENTIAL MEDIUM DENSITY AND
RESIDENTIAL HIGH DENSITY, DISTRICT I, ZONES
BACKGROUND:
Pursuant to Government Code Section 65858(d), "Ten days prior to the expiration of that
interim ordinance or any extension, the legislative body shall issue a written report
describing the measures taken to alleviate the condition which led to the adoption of the
ordinance."
The City Council has adopted Ordinance 1547U as an interim ordinance pursuant to the
provisions of Government Code Section 65858(a). This ordinance is effective for 45
days from June 26, and will expire on August 9, 2006 unless extended. The City Council
• will consider at a public hearing on July 24, 2006 an extension of the interim ordinance
for 10 months and 15 days beyond the August 9 expiration. In order to comply with the
provisions of Government Code § 65858(d), this required report has been prepared.
On June 26, 2006 the City Council found 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) ". The City Council further determined that Developments of
Excessive Height could be built on approximately 400 parcels in the higher density zones
in District I. Based upon the testimony previously 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''A 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
Z;\My Documents \Third Story Interim Ordinance\Report on Moratorium Status.CC Staff Report.doc\LW\07 -12 -06
Issuance of Report Re: Third Story Development Standards Review -
Residential Medium Density and Residential High Density, District I, Zones
July 14, 2006
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.
MEASURES TAKEN TO ALLEVIATE THE CONDITION:
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 37 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
such heights and which will result in loss of privacy on adjoining properties, reduced
natural light and ventilation, and visual blight.
1. Adoption of Interim Ordinance. On June 26, 2006, the Council adopted the
interim ordinance.
2. Commencement of Studies. The City has begun to study the adequacy of its
existing ordinances regulating development on lots with a width equal to or in
excess of 37V2 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 such heights and which will
result in loss of privacy on adjoining properties, reduced natural light and
ventilation, and visual blight.
3. Scheduling of Meetings. The nature of the issues involved with this concern
would require that any amendments to current development standards regarding
Development of Excessive Height be considered through the public hearing
process to amend the "Zoning Ordinance" to adopt standards that ensure
compatibility with adjoining properties for these residential areas of the
community. Consequently, the City has scheduled several meetings to receive
public input on these issues.
4. Environmental Review. In addition, staff has initiated an environmental
evaluation. Such evaluation has only recently been initiated and further study will
be necessary after the August 9, 2006 expiration date of Ordinance No. 1547U.
5. Preparation of Schedule. Upon the completion of appropriate research, staff will
prepare a public hearing packet for consideration by the Planning Commission
Report on Moratorium Status.CC Staff Report 2
Issuance of Report Re: Third Story Development Standards Review -
Residential Medium Density and Residential High Density, District I, Zones
July 14, 2006
and City Council, along with the appropriate environmental evaluation. Staff has
prepared a report for Planning Commission consideration that sets forth an
anticipated schedule to complete both Planning Commission and City Council
review of any proposed Zoning Code amendments regarding this issue.
6. Presentation to Planning Commission. The report and time schedule will be
considered by the Planning Commission on July 19, 2006 and forwarded to the
City Council for consideration during a scheduled public hearing on July 24, 2006
to extend Ordinance No. 1547U.
7. Scheduling of Public Hearing Before the City Council. Pursuant to provisions of
Government Code § 65858, a public hearing will be held on July 24, 2006 to
consider an extension of the moratorium. Upon completion of the public hearing,
the City Council may extend the effective time period of Ordinance No. 1547U
for a maximum time period of 10 months and 15 days. Adoption of an ordinance
to extend the effective time period will require a four -fifths vote of the City
Council for adoption.
It is therefore necessary to extend the effective period of Ordinance No. 1547U in
accordance with the provisions of Goverment Code Section 65858(a) for an additional
ten (10) months and fifteen (15) days, if the City Council is desirous of not allowing
additional development within the subject area of the City during the evaluation of
current development standards and the preparation of revised development standards.
In summary, the City Planning Staff has initiated studies, the Planning Commission has
considered this matter, and the City Council has scheduled a public hearing to further
consider this matter. These are the measures, inter alia, taken to alleviate the condition
which led to the adoption of the interim ordinance. This report is issued in compliance
with Government Code Section 65858(d).
FISCAL IMPACT: None
NOTED 4S AND APP ' ED: •
, :
5 ,
.Whittenberg John/Bahors •
t erector of Development Services Ci/'Manager
Report on Moratorium Status.CC Staff Report 3
• Public Hearing — Consideration of Extension of Interim Ordinance re:
Appropriate Development Standards - Residential Medium Density
and Residential High Density Zones,
Planning District I (Coastal Area)
City Council Staff Report
July 24, 2006
ATTACHMENT 3
PLANNING COMMISSION STAFF REPORT
RE: REVIEW AND APPROVAL OF
PROPOSED "SCHEDULE OF ACTIVITIES
AND MEETINGS - THREE -STORY INTERIM
ORDINANCE ", DATED JULY 19, 2006
11
Interim Ord Extension.CC Staff Reportlnterim Ord Extension.CC Staff Report
July 19, 2006
STAFF REPORT
To: Chairman and Members of the Planning Commission
From: Lee Whittenberg, Director of Development Services
Subject: REVIEW AND APPROVAL OF PROPOSED "SCHEDULE
OF ACTIVITIES AND MEETINGS — THREE -STORY
INTERIM ORDINANCE"
SUMMARY OF REQUEST
After discussion among the Commission, approve proposed "Schedule of Activities and Meetings
= Three -Story Interim Ordinance" to consider potential revisions to the. Zoning_Code _ __. ___._...
construction of three -story residences within the Residential Medium Density; • District I; and
Residential High Density, District I Zones. Forward approved document to the City Council for
consideration during the Public Hearing to consider extension of the Interim Ordinance.
DISCUSSION
On June 26 the City Council adopted 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 Fo'r
Any Construction Of Or Additions To Any Dwelling Unit In Excess Of 25 Feet In Height And
Declaring The Urgency Thereof' and referred the matter to the Planning" Commission with •
direction to consider this matter in as expeditious a manner as possible. A copy of the adopted
Interim Ordinance is provided as Attachment 2 and a copy of the June 26 City Council Staff Report
is provided as Attachment 3. Provided as Attachment 4 is a copy of Government Code Section
65858, "Interim ordinance as urgency measure" for the information of the Planning Commission.
Staff has prepared the attached "Schedule of Activities and Meetings — Three -Story Interim
Ordinance" for consideration and approval with any revisions determined appropriate by the
Planning Commission. Staff is aware of the desire of both the City Council and Planning
Commission to address the issues that will be brought forward regarding the issue of continued 3-
story construction in the "Old Town" area of the City and has developed an aggressive, but
measured, time schedule to be able to address issues and concerns of affected property owners and
residents of the impacted areas of the community.
Staff believes that there are four basic alternatives for the community, Planning Commission and
City Council to consider regarding this issue. Those are:
Z:uvIy Documents\Third Story Interim OrdinanceWpproval of Activities and Schedule.PC Staff Report.doc\L.W\06 -30-06
Approval of "Schedule ofActivities and Meetings — Three -Story Interim Ordinance"
Planning Commission Staff Report
..1u4 119, 2006
❑ Elimination of the ability to construct new 3 -story residential structures on the "Old Town"
area of the City;
❑ Maintain the current provisions of the Zoning Code regulating the location of 3 -story
portions of residential structures in "old Town "; and
❑ Establish new development standards, without any discretionary Planning Commission
review, for the continued construction of 3 -story residences in "Old Town ". Potential areas
that staff will explore include:
❑ Design standards relating to the shade and shadow effects on adjoining properties;
❑ .Increased setbacks from side and rear property lines to reduce impacts to adjacent
• properties;
❑ Maximum floor area provisions to reduce impacts to adjacent properties;
❑ Non - Discretionary/Discretionary (Minor Plan.. Review or Conditional Use Permit
process) review of development projects.
❑ Establish new development standards with discretionary Planning Commission review, for
. . . .. the construction of 3 -story residences in "Old Town" with a.conditional use permit designed - -
- -- • - - - .. - • to • ensure that such a structure is :onipatiblewith surrounding uses. .. -
It is imperative that the impacted community have sufficient time to review and consider any
alternative development standards which the City may propose and be able to provide reasonable
and thoughtful input to Staff and the Planning Commission during the review and preparation of
proposals to be considered during future public hearings.
Based on the above information Staff has prepared a "Schedule of Activities and Meetings — Three -
Story Interim Ordinance" to complete the public review and Public hearing process that would be
required if a Zone Text Amendment is ultimately determined to be appropriate to address the issues
under consideration.
Please note that even if the Council does not extend the urgency ordinance, Staff recommends that
the City nevertheless continue to study this issue in connection with the City's comprehensive
revision to the Zoning Ordinance. Thus, Staff recommends that the Commission approve the
Schedule.
RECOMMENDATION
After discussion among the Commission, approve proposed "Schedule of Activities and Meetings
— Three -Story Interim Ordinance" to consider potential revisions to the Zoning Code relative to the
construction of three -story residences within the Residential Medium Density, District I, and
Residential High Density, District I Zones. Forward approved document to the City Council for
consideration during the Public Hearing to consider extension of the Interim Ordinance.
1 Approval of Activities and Schedule.PC Staff Report • 2
•
Approval of "Schedule of Activities and Meetings — Three -Story Interim Ordinance"
Planning Commission Staff Report
July 19, 2006
di
: - Whittenberg, Director
II evelopment Services Department
Attachments: (4) .
Attachment 1: Schedule of Activities and Meetings — Three -Story Interim
Ordinance
Attachment 2: 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', adopted
June 26, 2006
Attachment 3: City Council Agenda Report re: Appropriate Development
Standards — Residential Dwelling Units — Residential Medium
Density and Residential High Density Zones, Planning District I
(Coastal Area), dated June 26, 2006
Attachment 4: Government Code Section 65858, "Interim ordinance as urgency
measure"
•
Approval of Activities and Schedule.PC Staff Report 3
Approval of "Schedule of Activities and Meetings — Three -Story Interim Ordinance"
Planning Commission Staff Report
July 19, 2006
ATTACHMENT 1
SCHEDULE OF ACTIVITIES AND MEETINGS -
THREE -STORY INTERIM ORDINANCE
1 4
Approval of Activities and Schedule.PC Staff Report
Approval of "Schedule of Activities and Meetings — Three -Story Interim Ordinance"
Planning Commission Staff Report
July 19, 2006
SCHEDULE OF ACTIVITIES AND MEETINGS —
THREE -STORY INTERIM ORDINANCE
DATE CONSIDERING ACTION TO BE TAKEN
(Tentative) BODY
07 -19 -06 Planning Approve proposed "Schedule of Activities and Meetings
Commission — Three -Story Interim Ordinance" and forward to. City
Council for consideration on July 24, 2006
07 -24 -06 City Council Conduct Public Hearing to consider extension of
Ordinance No. 1547U; Ordinance may be extended for a
maximum time period of 10 months and 15 days from
expiration date of August 14, 2006 — until June 29, 2007.
08 -23 -06 Planning First Planning Commission Study Session to present
Commission issue and Staff developed alternatives for public review
• and consideration.
08 -30 -06 Planning Possible Second Planning Commission Study Session to
Commission present refined Staff developed alternative for public
review and consideration.
09 -06 -06 Planning Possible Third Planning Commission Study Session to
Commission present final Staff developed alternatives for public
review and consideration. •
1 Approval of Activities and Schedule.PC Staff Report 5
Approval of "Schedule of Activities and Meetings — Three -Story Interim Ordinance"
Planning Commission Staff Report
July 19, 2006
SCHEDULE OF ACTIVITIES AND MEETINGS —
THREE-STORY INTERIM ORDINANCE
(Continued)
DATE CONSIDERING ACTION TO BE TAKEN
(Tentative) BODY
09 -20 -06 Planning Public . Hearing to receive If the Commission
• Commission citizen comments on concludes its
proposed Zone Text deliberations it would
Amendment to codify adopt a resolution
revisions determined • forwarding its
•
appropriate based on final recommendations for
Staff developed alternative. amendments to the
Commission may approve Zoning Code to the
or continue the public City Council.
hearing for additional
public comments or to
allow staff to further revise
based on public testimony
received.
09 -27 -06 Planning Possible Continued Public If the Commission
Commission Hearing to receive citizen concludes its
comments on proposed deliberations it would
Zone Text Amendment to adopt a resolution
codify revisions determined forwarding its
appropriate based on final recommendations for
Staff developed alternative. amendments to the
Commission may approve Zoning Code to the
or continue the public City Council.
hearing for additional
public comments or to
allow staff to further revise
based on public testimony
received.
1 Approval of Activities and Schedule.PC Staff Report 6
Approval of "Schedule of Activities and Meetings — Three -Story Interim Ordinance"
Planning Commission Staff Report
July 19, 2006
SCHEDULE OF ACTIVITIES AND MEETINGS —
TAREE -STORY INTERIM ORDINANCE
(Continued)
DATE CONSIDERING ACTION TO BE TAKEN
(Tentative) BODY
•
10 -23 -06 City Council Public Hearing to If the City Council
receive citizen concludes its deliberations
comments on proposed it would introduce an
Zone Text Amendment ordinance setting forth
•
- - to- codify revisions the approved revisions to
. determined appropriate the Zoning Code.
based on
recommendations of the
Planning Commission.
City Council may
approve or continue the
public hearing for
additional public
comments or to allow
staff to further revise
proposed code revisions
based on public
testimony received.
•
7
Approval of Activities and Schedule.PC Staff Report
Approval of "Schedule ofActivities and Meetings — Three -Story Interim Ordinance" .
Planning Commission Staff Report
July 19, 2006
SCHEDULE OF ACTIVITIES AND MEETINGS —
THREE-STORY INTERIM ORDINANCE
(Continued)
DATE CONSIDERING ACTION TO BE TAKEN
(Tentative) BODY
11 -13 -06 City Council Possible Continued If Council introduced an
Public Hearing to ordinance on 10- 23 -06, it
receive citizen would be scheduled for
comments on proposed second reading and
Zone Text Amendment adoption at this City
• • to" " codify • • revisions Council meeting.
determined appropriate
based on additional
public testimony. City If Council continued
Council may approve or public hearing and
continue the public concludes its deliberations
hearing for additional it would introduce an
public comments or to ordinance setting forth
allow staff to further the approved revisions to
revise based on public the Zoning Code.
testimony received.
12 -11 -06 City Council If Council introduced an ordinance on 11- 13 -06, it
would be scheduled for second reading and adoption at
this City Council meeting.
12 -13 -06 If second reading and adoption occurred on 11- 13 -06,
the Ordinance would become effective that implements
any changes to the development standards approved by
the City Council.
01 -10 -07 If second reading and adoption occurred on 12- 11 -06,
the Ordinance would become effective that implements
any changes to the development standards approved by
the City Council.
* * * *
1 Approval of Activities and Schedule.PC Staff Report 8
Approval of "Schedule ofActivities and Meetings — Three -Story Interim Ordinance"
Planning Commission Staff Report
July 19, 2006
ATTACHMENT 2
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', ADOPTED JUNE 26, 2006
9
Approval of Activities and Schedule.PC Staff Report
ORDINANCE NO. 1 I/7 U
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 •
- -- - - FHE -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 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
Z:\■y Documents \ORD \Third Story Interim Ordinance.06- 26-06.doc\LW\06 -26-06
Ordinance No.
Interim Ordinance — Prohibiting Construction Over 25 Feet High
RMD and RHD, District I Zones
June 26, 2006
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.
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. 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 371/2 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 371/2 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 37%2 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
such heights and which will result in loss of privacy on adjoining properties, reduced
Third Story Interim Ordinance.06 -26 -06 2
Ordinance No.
Interim Ordinance — Prohibiting Construction Over 25 Feet High
RMD and RHD, District I Zones
June 26, 2006
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
Be at a meeting thereof held on the e,. to day of
,(inf , 2006.
•
--4) L.-AftSekk
MAYOR
An EST:
01 .,A_AL
IT . CLERK
APPROVED AS TO FORM:
CITY ATTORNEY
Third Story Interim Ordinance.06 -26 -06 3
Ordinance No.
Interim Ordinance — Prohibiting Construction Over 25 Feet High
RMD and RHD, District I Zones
June 26, 2006
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 /14 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 9,04. , 2006
by the following vote:
AYES: Council Members IA , ,/j �� / c-Jhel,AA1
NOES: . Council Members 4)/(dt
ABSENT: Council Members (24
ABSTAIN: Council Members `ige
And do hereby further certify that Ordinance Number has been published pursuant to
the Seal Beach City Charter and Resolution Number 2836.
4 villealltJ
T TY CLERK
•
Third Story Interim Ordinance.06 -26 -06 4
Approval of "Schedule of Activities and Meetings — Three -Story Interim Ordinance"
Planning Commission Staff Report
July 19, 2006
ATTACHMENT 3
CITY COUNCIL AGENDA REPORT RE:
APPROPRIATE DEVELOPMENT STANDARDS -
RESIDENTIAL DWELLING UNITS -
RESIDENTIAL MEDIUM DENSITY AND
RESIDENTIAL HIGH DENSITY ZONES,
PLANNING DISTRICT I (COASTAL AREA),
DATED JUNE 26, 2006
10
Approval of Activities and Schedule.PC Staff Report
FILE COPY
AGENDA REPORT
REQUESTED BY COUNCILMAN ANTOS
DAl'E: June 26, 2006
TO: Honorable Mayor and City Council
THRU: John B. Bahorski, City Manager
•
FROM: Lee Whittenberg, Director of Development Services
SUBJECT: Appropriate 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 modem 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\L,W\06 -19-06
•
Consideration ofAdoption ofInterim 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 %2 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:
0. Pacific Coast Highway, Seal Beach Boulevard, Electric Avenue, and 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 13th Street in "Plan Check"
for a 2 -unit residential development that would be affected by the adoption of the
discussed interim ordinance. Provided below is a summary of City reviews of this
property:
❑ Marcia 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
•
I Third Story interim ordmaace.CC Sta$Report 2
Consideration ofAdoption of Interim Ordinance re:
•
Prohibiting Residential Developments Above 25 Feet in
The RAID and RHD, District I 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 issued "approval in concept" for 1 project comprising
1 residential unit at 118 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.
I Third Story Interim Ordinance.CC Staff Report 3
Consideration ofAdoption oflnterim 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 1 APP • i D:
e Whittenberg John is 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
I Third Story Interim Ordinance.CC Staff Report 4
Consideration of Adoption of Interim Ordinance re:
Prohibiting Residential Developments Above 25-Feet in
The RAID and RHD, District 1 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
I Third Story Interim Ordinance.CC Staff Report 5
. ••
Consideration of Adoption oflnterim Ordinance re:
Prohibiting Residential Developments Above 25 -Feet in
The RMD and RHD, District I 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 ( "R D "), 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 shs1l 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
I Tmrd Story Interim Ordinance.CC staff Report 6
. .
,,,,, Consideration ofAdoption oflnterim Ordinance re:
Prohibiting Residential Developments Above 25 -Feet in
The RMD and RFID, District I Zones
\ , City Council Staff Report
June 26, 2006
contain all doeumentation relied upo• to support the hardship claim. A hardship
exemption application must be filed no la -r than 10 days in advance of a regular meeting
of the City Council in order to be consider- • at such meeting; otherwise the application
shall be considered at the following regular . eeting. The City Council shall grant a
hardship exemption upon making a finding that .: ial of the exemption and enforcement
of the moratorium against the applicant's property 4 4uld result in the applicant being
deprived of all economically viable use of the propert
SECTION 5. CEOA Finding. The City Council hereby finds that it can be seen
with certainty, that there is no possibility the adoption of this Ordinance, and
establishmentof a moratorium hereby, may have a significant effect on the environment,
because the moratorium will impose greater limitations on development in the City, and
I will thereby serve to reduce potential significant adverse environmental impacts. It is
therefore exempt from California Environmental Quality Act review pursuant to Title 14,
tll Section 15061(b)(3) of the California Code of Regulations.
'ip a ib j 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 b both
such fine and imprisonment. Each and every day such a violation exists shall constitute a
\ 4 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
rest.:. is and property owners are likely to submit applications for construction,
enlarge..:its, expansions, and structural alterations of dwelling units in the RMD,
District I, ...• RHD, District I zones, that would result in such dwellings exceeding 25
feet in 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 feet in the RMD, District I zone. Section 28.8012 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 -6f 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 1 is
very dense and congested. Development Of Excessive Height in District 1 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 37%2 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 > Y period of time to consider and study legally
1 Third Story Interim Ordinance.CC Staff Report 7
Consideration ofAdoption of Interim Ordinance re:
• Prohibiting Residential Developments Above 25 -Feet in
The RMLID 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 with,„ 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 ofAdoption oflnterim Ordinance re:
Prohibiting Residential Developments Above 25 -Feet in
•
The RAM 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
�E SEA( B
•
`� PLANNING
t
DEPARTMENT
,••. Uyiy C
AGENDA TEM "B"
Memorandum
•
•
To: Mayor and Members of the City Council
Attention: John B. Bahorski, City Manager
Quinn Barrow, City Attorney
From: Lee Whittenberg, Director of Development Services
Date: June 26, 2006
SUBJECT: COMMUNICATIONS RECEIVED
Provided as attachments to this Memorandum are copies of communications
received by the City Clerk regarding this matter:
COMMUNICATIONS FAVORING ADOPTION OF INTERIM
•
ORDINANCE:
David Rosenman, 208 Eighth Street — FAX'ed Letter dated June 23, 2006
Carla and Perry Watson, 1635 Catalina Avenue — Letter dated June 23, 2006
Marie West, 152 Thirteenth Street — Letter dated June 23, 2006
Linda and Thomas Chow, 1611 Electric Avenue — Letter dated June 26, 2006
COMMUNICATIONS OPPOSING ADOPTION OF INTERIM
ORDINANCE:
None received
Attachments: (4)
* * * *
Z My Documents\City Councinhird Story Interim Ord.Communications Memo.doc1LW106 -26-06
6/23/2006 11:21 AM FROM: 775 - 522- 2213DR =senm TO: •62 493 -9657 PAGE: 002 OF 003
To The City Council of Seal Beach June 23, 2006
Honorable City Council Members:
As 1 will not be able to attend Monday night's Council Meeting 1 am writing
to urge you to enact Agenda items B and C relating to Old Town
Development Standards.
Briefly put, 1 share the concern of my Councilperson and others in Old Town
that with several development proposals that have surfaced, we need to
directly address the "mansionization" issue immediately.
Based on both conversations with other concerned Old Town residents and
the expressions of concern at the Planning Corimmission•meeting two•weeks
ago, it Is clear to me that there is substantial public concern about this
issue.
share those concerns. - - - - - - - - -
Part of the charm of living in Seal Beach is our neighborly concern for each
other.
To my thinking, part of that concern would extend to keeping the
"footprint" and "shadow" of one's residence to a scale that will not
adversely affect one's neighbors. •
For many years, the commonly accepted standard in Old Town has been two
stories of height for new construction.
When I purchased property in town, I knew that that was a limitation I
would have to live with and was still willing to purchase my home as did
' • many of my neighbors.
It appears that over the years, some unintended loopholes may have crept
into our Zoning Standards which could facilitate the construction of
residences greater than two stories.
One of the most telling public comments at the Planning Commission
Meeting two weeks ago was the following from a Old Town resident who in
effect said, if you want to visualize what would happen to Old Town if we
•
were to allow 3 story construction and the trend to do this "built out ", was •
to drive down Coast Highway to Surfside and look at the density there.
With no slight intended to the residents of Surfside, I don't think that this is
what any of us would Like Old Town to turn into.
6/23/2006 11:21 AM FROM: 775- 5 22- 2213DRosenm TO: •22 493 -9E57 PAGE: 003 OF 003
•
Page 2 Letter to City Council June 23, 2006
Please enact the items to put an urgency moratorium on 3 story
construction and have the Planning Commission develop through the
hearing process an appropriate Zoning Text Amendment to finalize this
standard.
•
Thank you for your time and consideration of this request.
Cordially,
David Rosenman, M.D.
208 Eighth Street
Seal Beach, CA
•
•
June 23, 2006
•
Dear Councilmember,
Please support a moratorium on three(3) story structures in Old Town.
It is our understanding that there are 398 parcels that could possibly be
enlarged to three levels. If this were to happen and even if a small portion
were to be enlarged, it could change the very character of historical Old
Town which we have fought so hard to protect for so many years.
We think it is important, therefore, to protect the integrity of this small town
and assure that property values are maintained for present and future
owners.
You need to help protect the quality of life of the residents of Old Town by
not taking away any more sunlight and fresh air which higher structures
will do.
Sincerely,
•
CarlaPry
er Watson
1635 Catalina Ave
Seal Beach, CA 90740
•
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June 26, 06
Dear council members,
Please consider a moratorium on three story structures in Old Town.
My wife and 1 moved to Seal Beach in 1969 in a house with a two story
building on one side and a double vacant lot on the other side. About five
years later a three story apartments with 7 units were built on the lot.
Besides the constant traffic and noise, we are sandwiched between large
tall structures with hardly any sun light. We ended up putting in three
sky lights, a Dutch front door, replaced the front window with a 6 feet
French door, and added 4 windows to the back room for more fresh air
and sun light.
Let's protect the small town quality of life that we all love before it
becomes diminished and gone.
Sincerely,
Linda and Thomas Chow
1611 Electric Ave
Seal Beach, CA 90740
• , • ? f
• • 1. > ,5 _
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•
4 SEAL
`cl4P0fFq PLANNING
0 � g ' i DEPARTMENT
t z1. � 9 P "B"
Memorandum
•
To: ` Mayor and Members of the City Council
Attention: John B. Bahorski, City Manager •
Quinn Barrow, City Attorney
From: Lee Whittenberg, Director of Development Servic
Date: June 26, 2006
SUBJECT: COMMUNICATIONS RECEIVED, ADDITIONAL
Provided as attachments to this Memorandum are copies of additional
communications received by the City Clerk regarding this matter.
•
COMMUNICATIONS FAVORING ADOPTION OF INTERIM
ORDINANCE:
Mike and Robyn Goodman, 152 Twelfth Street — Letter dated June 26, 2006
Martha and Allan Katz, 234 Fourteenth Street — No date
Bruce Boehm, 131 Fourteenth Street — Letters dated June 12, 2006 to City of Seal
Beach and California Coastal Commission
COMMUNICATIONS OPPOSING ADOPTION OF INTERIM
ORDINANCE:
None
* * * *
Z\My Documents \City Councl\Third Story Interim Ord.Communications Memo 2.doc1LW\06 -26-06
D -) G ffoct ok. (\c\-rop\, oft,
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sew\ T.eck2/1
234 14 Street
Seal Beach, Ca
June 26, 2006
Dear Council,
We are in favor of an interim ordinance to prohibit
construction of buildings in excess of 25 feet in height
until further study. We would like the feeling of a
small town to remain intact.
Sincerely, •
Marcha and Allan Katz
•
BRUCE W BOEHM
PO Box 155, Seal Beach, CA 90740-0155
131 14th Street #A, Seal Beach, CA 90740
Home: (562) 431 -0211 Cell: (714) 337 -2388
• bwceboehm @earthlinlcnet
June 12, 2006
Ellery Deaton, Planning Commissioner, District 1
Charles Antos, Council Member, District 1 and Mayor
CT.Ii Y OF SEAL BEACH
311 Eighth Street
Seal Beach, CA 90740
• Re: Proposed development at: 132 13th St, Seal Beath
Dear Commissioner Deaton and Mayor Antos:
Coastal Commission District Planner Femie Sy* called to inform me that the Developer (Scott
Levitt's) application to the Coastal Commission, approved by Lee Whittenberg, is for a 3 -story
Duplex (not a Condo). The application would probably not be denied," according to Femie.
•
As you are aware, the Planning Commission has advanced a resolution to the City Council in
favor of amending the Tentative Parcel Map to merge the two lots at 13213th Street.
This would enable the construction of a T H R E E - S T O R Y DUPLEX on the resultant double lot: - .. . . • • - • . ._
Upon completion, Developer Levtit could sell the property as "a Duplex with Condo conversion
potential to an unsuspecting third party, e.g. unaware that the Planning Commission had denied
construction of a third -story for a condo on the double lot Conditional Use Perna 06-4.
Developer Levitt has found a loophole in our system, and it's up to the City Planning Commission
and/or CILy Council to ensure that my neighbors are not detrimentally impacted.
It is time to modify RH.D. Residential High Density, City ordinance Section 28-801 by deleting
the words: "Rear 1/2 of lot 3 stories, 35 ft. maximum" in District 1.
In addition, It is time to regulate mass building size by establishing guidelines for maximum
Allowable Building Square Footage (ABSF). The current maximums (as defined by existing set-
back requirements): 3,752.5 ABSF for a standard Id in Old Town; 6,205.50 ABSF for a lot with
frontage of 37.5'; and 10,070 ABSF for a double lot (50' frontage) ARE TO DARN BIG!
AGAIN, with neighborhood compatibility as the foremost issue, we urge the City Council to HALT
the construction of three -story residences and STOP the mansionization of Seal Beach.
Sincerely,
•
B &ekiNim
* Mr. Sy reports to Theresa Henry, District Manager. Ms. Henry reports to Senior Deputy District
Director, Deborah Lee, Califomia Coastal Commission (562) 590 -5071.
CC: Christy D. Teague, AICP, Senior Planner, City of Seal Beach
•
BRUCE W BOEHM
PO Box 155, Seal Beach, CA 90740-0155
• 131 14th Street #A, Seal Beach, CA 90740
Home: (562) 431 -0211 Cell: (714) 337 -2388
bruceboehm@earthlinknet
June 12, 2008
Theresa Henry thenryacoastal.ca_gov
CALIFORNIA COASTAL COMMISSION (562) 590 -5071
200 Oceangate 10th Floor FAX (562) 590 -5084
Long Beach, CA 90802 -4416
Re: Coastal Application # 05-06 -113W. Proposed development at 132 13th Street, Seal Beach
Dear Ms Henry:
Thank you fdlorwarding my June 9th letter of objection to Coastal Commission Deputy Director
Deborah Lee. I appreciated the time and consideration you extended to me in explaining why the
Applicant/Developer received a waiver of public hearing (the project was deemed consistent with
the Coastal Act). I now understand why the three issues noted in my letterto Coastal Planner
Femie Sy are not of concern to the Coastal Commission.
The remaining issue is how the application came to be placed on the Coastal Commission's
- - - calendar f o r a v o t e t o m o r r o w (Tuesday, June 13th in Santa R o s a ) without local government - - • - - - -- -- - - - - -- - - - - - --
approval.
On June 7th, The City of Seal Beach Planning Commission voted to deny the Developer his A ,:,; ,,� q t
planned third story expansion, and instructed the City Staff to prepare a resolution for a Ga itiraiens
Use Permit (required by Seal Beach to build a condominium) without the 3rd floor. That resolution is
scheduled to appear on the consent calendar at the Planning Commission's next regular meeting
on Wednesday, June 21st The vote will follow public comments.
The Planning Commission also voted June 7th to send the Developer's application for a merger of
the two lots (to amend the City's Tentative Parcel Map) in the form of a resolution for a vote by the
City Council. That vote will also follow public comments.
Neither tithe above two resolutions have been approved by the Clty, and may sh7 be denied. So If
City Pro-Development Director Lee Whlttenberg signed off on the Developer's Coastal application,
he did so without CIv Planning Commission or City Council approval_
As you confused, an application may be brought before the Coastal Commission local
government approval for good cause.' The question is: what would be considered the "good
cause' in this case?
AGAIN, Please recommend that the Coastal Commission table the motion to approve this penret so
my neighbors will be able to attend the next scheduled meeting in Southern California.
Thank you so much for your help and cooperation.
Sincerely,
B - Njw*Z3L,
CC: Christy Teague, AICP, Senior Planner, City of Seal Beach
Charles Antos, Mayor and City Council member, District 1
Approval of "Schedule of Activities and Meetings — Three -Story Interim Ordinance"
Planning Commission StaffReport
July 19, 2006
•
ATTACHMENT 4
GOVERNMENT CODE SECTION 65858,
"INTERIM ORDINANCE AS URGENCY
MEASURE"
Approval of Activities and Schedule.PC Staff Report 1 1
Approval of "Schedule of Activities and Meetings — Three -Story Interim Ordinance"
Planning Commission Staff Report
July 19, 2006
65858. Interim ordinance as urgency measure
(a) Without following the procedures otherwise required prior to the adoption of
a zoning ordinance, the legislative body of a county, city, including a charter city, or city and
county, to protect the public safety, health, and welfare, may adopt as an urgency measure an
interim ordinance prohibiting any uses that may be in conflict with a contemplated general plan,
specific plan, or zoning proposal that the legislative body, planning commission or the planning
department is considering or studying or intends to study within a reasonable time. That urgency
measure shall require a four -fifths vote of the legislative body for adoption. The interim
ordinance shall be of no further force and effect 45 days from its date of adoption. After notice
pursuant to Section 65090 and public hearing, the legislative body may extend the interim
ordinance for 10 months and 15 days and subsequently extend the interim ordinance for one year.
Any extension shall also require a four -fifths vote for adoption. Not more than two extensions
may be adopted.
(b) Alternatively, an interim ordinance may be adopted by a four -fifths vote
following notice pursuant to Section 65090 and public hearing, in which case it shall be of no
further force and effect 45 days from its date of adoption. After notice pursuant to Section 65090
and public hearing, the legislative body may by a four -fifths vote extend the interim ordinance for
22 months and 15 days.
(c) The legislative body shall not adopt or extend any interim ordinance pursuant
to this section unless the ordinance contains legislative findings that there is a current and
immediate threat to the public health, safety, or welfare, and that the approval of additional
subdivisions, use permits, variances, building permits, or any other applicable entitlement for use
which is required in order to comply with a zoning ordinance would result in that threat to public
health, safety, or welfare. In addition, any interim ordinance adopted pursuant to this section that
has the effect of denying approvals needed for the development of projects with a significant
component of multifamily housing may not be extended except upon written findings adopted by
the legislative body, supported by substantial evidence on the record, that all of the following
conditions exist:
(1) The continued approval of the development of multifamily housing
projects would have a specific, adverse impact upon the public health or safety. As used in this
paragraph, a "specific, adverse impact" means a significant, quantifiable, direct, and unavoidable
impact, based on objective, identified written public health or safety standards, policies, or
conditions as they existed on the date that the ordinance is adopted by the legislative body.
(2) The interim ordinance is necessary to mitigate or avoid the specific,
adverse impact identified pursuant to paragraph (1).
(3) There is no feasible alternative to satisfactorily mitigate or avoid the
specific, adverse impact identified pursuant to paragraph (1) as well or better, with a less
burdensome or restrictive effect, than the adoption of the proposed interim ordinance.
(d) Ten days prior to the expiration of that interim ordinance or any extension, the
legislative body shall issue a written report describing the measures taken to alleviate the
condition which led to the adoption of the ordinance.
12
Approval of Activities and Schedule.PC Staff Report
Approval of "Schedule of Activities and Meetings — Three -Story Interim Ordinance"
•
Planning Commission Staff Report
July 19, 2006
(e) When an interim ordinance has been adopted, every subsequent ordinance
adopted pursuant to this section, covering the whole or a part of the same property, shall
automatically terminate and be of no further force or effect upon the termination of the first
interim ordinance or any extension of the ordinance as provided in this section.
(f) Notwithstanding subdivision (e), upon termination of a prior interim
ordinance, the legislative body may adopt another interim ordinance pursuant to this section
provided that the new interim ordinance is adopted to protect the public safety, health, and
welfare from an event, occurrence, or set of circumstances different from the event, occurrence,
or set of circumstances that led to the adoption of the prior interim ordinance.
(g) For purposes of this section, "development of multifamily housing projects"
does not include the demolition, conversion, redevelopment, or rehabilitation of multifamily
housing that is affordable to lower income households, as defined in Section 50079.5 of the
Health and Safety Code, or that will result in an increase in the price or reduction of the number •
of affordable units in a multifamily housing project.
(h) For purposes of this section, "projects with a significant component of multifamily
housing" means projects in which multifamily housing consists of at least one -third of the total
square footage of the project.
* * * *
Approval of Activities and Schedule.PC Staff Report 13
•
Public Hearing— Consideration of Extension of Interim Ordinance re:
Appropriate Development Standards - Residential Medium Density
and Residential High Density Zones,
Planning District I (Coastal Area)
City Council Staff Report
July 24, 2006
ATTACHMENT 4
PUBLIC HEARING NOTICE - EXTENSION
OF TIME - INTERIM ORDINANCE NO.
1547U, MORATORIUM ON THE ISSUANCE
OF BUILDING PERMITS AND OTHER
LAND USE ENTITLEMENTS FOR
CONSTRUCTION OF OR ADDITIONS TO
ANY DWELLING UNIT IN EXCESS OF 25
FEET IN HEIGHT IN THE RESIDENTIAL
MEDIUM DENSITY, DISTRICT I, AND
RESIDENTIAL HIGH DENSITY, DISTRICT I
ZONES IN THE OLD TOWN AREA OF SEAL
BEACH
12
Interim Ord Extension.CC Staff Reportlnterim Ord Extension.CC Staff Report
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