HomeMy WebLinkAboutCC AG PKT 2004-02-23 #V AGENDA REPORT
@
DATE: February 23, 2004
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 — Interim Ordinance No.
Consideration of Extension of Interim Ordinance re:
Appropriate Development Standards - Residential Low
Density Zone, Planning District II (Bridgeport /Suburbia)
SUMMARY OF REQUEST:
Adopt Ordinance No. /5/ 7, An Interim Ordinance of the City of Seal Beach Enacted
Pursuant to California Government Code Section 65858, Extending Interim Ordinance
No. 1514, Prohibiting the Issuance of Building Permits and Other Land Use Entitlements
for any Additions to Dwelling Units in the Bridgeport Area During the Pendency of the
City's Review and Adoption of Permanent Zoning Regulations for Such Uses and
Declaring the Urgency Thereof.
BACKGROUND:
On January 12, 2004, staff presented a report to the City Council regarding "Appropriate
Development Standards - Residential Low Density Zone, Planning District II
(Bridgeport/Suburbia) ". The City Council adopted Ordinance No. 1514 as an interim
ordinance, effective immediately and only for a period of forty-five (45) days. Ordinance
No.1514 will expire on February 26, 2004 unless it is extended by City Council adoption
of a new interim ordinance pursuant to California Government Code Section 65858.
Current Zoning Provisions:
The subject properties are located in the Residential Low Density, District II zoned area
of the City. The development standards for this area are substantially similar to the
development standards for the Low Density Residential, District V zoning standards,
which are applicable to the 5,000 square foot lots of the "Hill" area of the City. These
standards are not in accordance with previous "Precise Plan" and "Redevelopment Plan"
approvals that are discussed below.
Agenda Item V
Z:\My Documents \Bridgeport Development Standards \Interim Ord Extension.CC Staff Report.doc \LW\02 -10 -04
Public Hearing — Consideration of Extension of Interim Ordinance re:
Appropriate Development Standards - Residential Low Density Zone,
Planning District II (Bridgeport /Suburbia)
City Council Staff Report
February 23, 2004
Precise Plan PP -1 -66:
A precise plan was approved by the Planning Commission on November 30, 1966 in
conjunction with Commission approval of Zone Change CZ -1 -66 and Tentative Tract
Maps 6345 and 6346. The City Council subsequently adopted Ordinance No. 700 on
January 16, 1967. This ordinance adopted CZ -1 -66 and PP -1 -66, subject to terms and
conditions. Section 1 and Section 3 of Ordinance No. 700 stipulates:
"Section 1. All property included and described in Rezone Application
No. CZ -1 -66, Precise Plan Application No. PP -1 -66, and on Map Sheet
No. 1 of Precise Plan No, PP -1 -66 is hereby zoned R -1 -3000 (Single
Family Residential) and C -2 (General Commercial) as shown on Map
Sheet No. 1 of said Precise Plan No. PP -1 -66. Said zoning shall be subject
to land use and development conditions and regulations adopted as Precise
Plan No. PP -1 -66, which Precise Plan shall be considered an integral part
of the zoning of said property.
Section 3. All maps, plans, applications and reports stated in Section
1 and 2 above are made a part hereof and are incorporated herein with the
same force and effect as though set forth in full herein."
As indicated by the above language, the standards set forth on Precise Plan No. PP -1 -66
"... shall be considered an integral part of the zoning of said property." Precise Plan
No. PP -1 -66 establishes different development standards for the subject property than
those established in Section 28 -401 of the Code regarding property within the RLD,
District II zone and have never been incorporated into the Zoning Ordinance.
The current RLD District II development standards do not comport with the standards
established by the City Council adoption of PP -1 -66, and the subject properties have been
developed in accordance with the provisions of PP -1 -66. Bridgeport/Suburbia does not
have garages on the front; they are located off alleys to the rear of the properties. All of
the residences in Bridgeport/Suburbia are built with a zero lot line on one side of the
property, while the District II regulations do not allow this situation to exist.
Riverfront Redevelopment Plan:
The Riverfront Redevelopment Plan (the "Plan") was adopted by the City Council on
March 3, 1969 through the adoption of Ordinance No. 780. Section 500 of the Plan
establishes permitted uses and development standards for the areas subject to the Plan.
The Bridgeport/Suburbia area is located within Area 7 of the Plan, and Section 503 of the
Plan indicates the following:
Interim Ord Extension.CC Staff Report 2
Public Hearing — Consideration of Extension of Interim Ordinance re:
Appropriate Development Standards - Residential Low Density Zone,
Planning District II (Bridgeport /Suburbia)
City Council Staff Report
Februmy 23, 2004
"503 Single Family Residential Development
Area 7 shown on the map shall be developed and used as for single
family residential development according to the following standards.
Single family parcels shall be no less than 3000 square feet per
parcel. The amount of land in each parcel which may be covered by
residential buildings shall not exceed 67 percent and the building height
shall not exceed two (2) stories."
The current RLD District II development standards do not comport with the standards
established by the City Council adoption of the Riverfront Redevelopment Plan, and the
subject properties have been developed in accordance with the provisions of PP -1 -66 and
the Riverfront Redevelopment Plan. The residences within Bridgeport do not comply
with the RLD District II lot coverage provision of 45 %, they do comply with the Plan
provision of 67% lot coverage.
Section 700 of the Plan discusses actions by the City that shall be undertaken ". . . to
ensure the continued fulfillment of the purposes of this Plan ", and lists several types of
actions. Sub - section C states:
"C. Revision of zoning within the Project Area to permit the land uses
and development authorized by this Plan."
Case law supports the general proposition that a redevelopment plan supersedes local
zoning. Thus, unless the redevelopment plan or an amendment either adopts the City's
zoning regulations or requires consistency, it would appear that the Redevelopment Plan
would control.
The development standards set forth within Ordinance No. 700 and 780 have never been
incorporated into the Zoning Ordinance to accurately reflect the approved development
standards for these two Tracts within the City.
"Architectural Committee" Status and CC &R Standards:
Further, Tracts No. 6345 and 6346 are subject to recorded CC &R's regulating uses of
property and setting forth additional development standards that are inconsistent with the
provisions of the Residential Low Density, District II Zoning standards, and are also
inconsistent with the provisions of Ordinance No. 700 and Ordinance No. 780. Between 1968
and 1998 the CC &R's provided for an "Architectural Committee" to review and approve
development plans within these tracts, and that committee is not longer legally constituted.
This lack of architectural review to insure compliance with the terms of the recorded CC &R's
has caused confusion between the property owners of parcels within these tracts and the City,
Interim Ord Extension.CC Staff Report 3
Public Hearing — Consideration of Extension of Interim Ordinance re:
Appropriate Development Standards - Residential Low Density Zone,
Planning District II (Bridgeport /Suburbia)
City Council Staff Report
Februaty 23, 2004
creating confusion and uncertainty as what development standards the City will enforce when
reviewing requests for development in Tract No. 6345 and Tract No. 6346. Tract No. 6346
has subsequently re- constituted its architectural review committee.
Overview of Inconsistent Development Standards:
As a result of the above discussed different development standards and review procedures that
are applicable to Tract No. 6345 and Tract No. 6346, the uncertainty and confusion as to the
appropriate level of City review of development projects, and the uncertainty as to the
application of which set of adopted development standards that are applicable to these tracts
has become exacerbated.
The nature of the issues involved with this concern would require that any amendments to
current development standards regarding the appropriate development standards for the
Residential Low Density Zone, Planning District II (Bridgeport/Suburbia) be considered
through the public hearing process to amend at a minimum the provisions of the Zoning
Ordinance and Redevelopment Plan to provide consistency between the two documents.
In addition, an environmental evaluation will need to be conducted. The environmental
review process and public hearing process would not allow these areas of concern to be
fully evaluated and considered by the Planning Commission and City Council, in
accordance with the provisions of law by the February 26, 2004 expiration date of
Ordinance No. 1514.
Moreover, the studies have only recently been initiated and further study is necessary. It
would therefore be necessary to extend the effective period of Ordinance No. 1514 in
accordance with the provisions of Government 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 subject to different interpretations as to the appropriate
development standards 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. Within the next sixty days staff will complete the
appropriate background research regarding the issue of appropriate development
standards for the Residential Low Density Zone, Planning District II
(Bridgeport/Suburbia) area and prepare an additional report to the City Council regarding
suggested actions, with an anticipated time schedule.
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. 1514 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.
Interim Ord Extension.CC Staff Report 4
Public Hearing — Consideration of Extension of Interim Ordinance re:
Appropriate Development Standards - Residential Low Density Zone,
Planning District II (Bridgeport /Suburbia)
City Council Staff Report
February 23, 2004
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 which led
to the adoption of the interim ordinance. This report is issued in compliance with
Government Code Section 65858(d).
On February 9, 2004, the City Council issued a written report describing the measures
taken to alleviate the conditions that led to the adoption of Ordinance No. 1514, in
compliance with the provisions of California Government Code § 65858(d).
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 Enacted
Pursuant to California Government Code Section 65858, Extending Interim Ordinance
No. 1514, Prohibiting the Issuance of Building Permits and Other Land Use Entitlements
for any Additions to Dwelling Units in the Bridgeport Area During the Pendency of the
City's Review and Adoption of Permanent Zoning Regulations for Such Uses and
Declaring the Urgency Thereof.
it NOT ' . APPROV D:
r
I
Whitten r erg John Bp ahorski
Director of Development Service City /snager
Attachment: Ordinance No. , An Interim Ordinance of the City of Seal Beach
Enacted Pursuant to California Government Code Section 65858,
Extending Interim Ordinance No. 1514, Prohibiting the Issuance of
Building Permits and Other Land Use Entitlements for any Additions to
Dwelling Units in the Bridgeport Area During the Pendency of the City's
Review and Adoption of Permanent Zoning Regulations for Such Uses
and Declaring the Urgency Thereof
Interim Ord Extension.CC Staff Report 5
_•,.' : PLANNING •
' DEPARTMENT .
NA, `- � G ;
9c,p
`• F
.11"rf,�. Memorandum
To: Mayor and Members of the City Council
Attention: John B. Bahorski, City Manager
From: Lee Whittenberg, Director of Development Services , (A)
Date: February 23, 2004
SUBJECT: REVISED ORDINANCE FOR ADOPTION — ITEM V
The attached Ordinance has been revised at the recommendation of the City
Attorney. The revisions are non - substantive in nature.
* * * *
ORDINANCE NO.
AN INTERIM ORDINANCE OF THE CITY OF
SEAL BEACH ENACTED PURSUANT TO
CALIFORNIA GOVERNMENT CODE
SECTION 65858, EXTENDING INTERIM
ORDINANCE NO. 1514, PROHIBITING THE
ISSUANCE OF BUILDING PERMITS AND
OTHER LAND USE ENTITLEMENTS FOR
ANY ADDITIONS TO DWELLING UNITS IN
THE BRIDGEPORT AREA 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 OF THE CITY OF SEAL BEACH DOES
ORDAIN AS FOLLOWS:
SECTION 1. Moratorium extended. Ordinance No. 1514 is hereby extended to
and including January 7, 2005. The Findings set forth in Ordinance No. 1514 are
incorporated by this reference. In adopting Ordinance No. 1514, the City of Seal Beach
established a moratorium prohibiting the increase, enlargement, expansion of, or addition
to dwelling units on the following real property within the City: (1) Lots 1 -41 and Lots
43 -66 inclusive of Tract 6345 as shown on a map recorded in Book 243, pages 27, 28,
and 29 of miscellaneous maps, records of Orange County, California; and (2) Lots 1 -76
inclusive of Tract 6346 as shown on a map recorded in Book 251, pages 8, 9, and 10 of
miscellaneous maps, records of Orange County, California.
SECTION 2. Moratorium ten This Ordinance shall expire, and the
moratorium established hereby shall terminate, ten (10) months and fifteen (15) days
after the date of adoption unless further extended by the City Council, at a regularly
noticed public hearing, pursuant to California Government Code Section 65858.
SECTION 3. 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 irprisonnent. 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.
Agenda Item
Z:\My Documents \Bridgeport Development Standards \Revised Extension Ordiance.doc \LW \02 -10 -04
Public Hearing — Consideration of Extension of Interim Ordinance re:
Appropriate Development Standards - Residential Low Density Zone,
Planning District II (Bridgeport /Suburbia)
City Council Staff Report
February 23, 2004
SECTION 4. Additional Legislative Findings. The City has begun to study,
within a reasonable time, the adequacy of its existing ordinances regulating development
in the Bridgeport Area. 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 the Bridgeport Area properties in order to resolve the conflicting regulatory scheme
that currently exists. 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 extended to ensure that improvements 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 irninediate threat to
the public health, safety and welfare presented by the increase, enlargement or expansion
of, or addition to dwelling units in the Bridgeport Area. In the absence of immediate
effectiveness, the approval of building permits, conditional use permits or any other
applicable entitlements for the increase, enlargement or expansion of, or addition to
dwelling units in the Bridgeport Area will result in that threat to the public 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 irninediate preservation of the public peace, health and safety
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
, 2004.
MAYOR
ATTEST:
CITY CLERK
Revised Extension Ordiance 2
•
Public Nearing — Consideration of Extension oflnterim Ordinance re:
Appropriate Development Standards - Residential Low Density Zone,
Planning District II (Bridgeport /Suburbia)
City Council Staff Report
February 23, 2004
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Joanne M. Yeo, City Clerk of the City of Seal Beach, California, do hereby certify that
the 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 , 2004
by the following vote:
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
•
Revised Extension Ordiance 3