HomeMy WebLinkAboutCC AG PKT 2004-02-23 #W Ov �
AGENDA REPORT[gkbl] g
DATE: February 23, 2004 2'
TO: Honorable Mayor and City Council
THRU: John B. Bahorski, City Manager
FROM: Lee Whittenberg, Director of Development Services
SUBJECT: Public Hearing — Interim Ordinance No. ,
Consideration of Extension of Interim Ordinance
Prohibiting Expansion of Non - Conforming Residential Uses
SUMMARY OF REQUEST:
Adopt Ordinance No. , An Interim Ordinance of the City of Seal Beach Extending
Interim Ordinance No. 1502, an Interim Ordinance of the City of Seal Beach Enacted
Pursuant to California Government Code Section 65858 Prohibiting Minor or Major
Structural Alterations, Enlargements and Expansions to Certain Nonconforming
Residential Buildings and Uses During the Pendency of the City's Review and Adoption
of Relevant Permanent Zoning Regulations and Declaring the Urgency Thereof.
Instruct staff to include language in the Ordinance approving Zone Text Amendment 04-
1 to indicate that upon the effective date of that implementing ordinance that the
provisions of this Interim Ordinance are hereby repealed and no longer in effect.
BACKGROUND:
At the April 14, 2003 City Council Meeting the City Council considered a
recommendation of the Planning Commission and determined to adopt Ordinance No.
1498, An Interim Ordinance of the City of Seal Beach Enacted Pursuant to California
Government Code Section 65858 Prohibiting Minor or Major Structural Alterations,
Enlargements and Expansions to Certain Nonconforming Residential Buildings and Uses
During the Pendency of the City's Review and Adoption of Relevant Permanent Zoning
Regulations and Declaring The Urgency Thereof (the "Interim Ordinance ").
The initial interim ordinance was effective for 45 days and was subsequently extended
for a maximum period of an additional 10 months and 15 days on May 12, 2003, by the
adoption of Ordinance No. 1502, in accordance with the provisions of State law. This
ordinance will expire on March 27, 2004 unless extended pursuant to the provisions of
California Government Code Section 65858. The ordinance may be extended for a
period not to exceed 12 months.
Agenda Item W
Z: \Non- ConfResi.doc \LW\02 -10 -04
Public Hearing re: Extension of Interim Ordinance re:
Expansions to Non - Conforming Residential Structures
City Council Staff Report
February 23, 2004
The nature of the issues involved with this concern would require that any amendments to
current development standards regarding non - conforming residential expansions be
considered through the public hearing process to amend the current provisions of the
Zoning Ordinance. The necessary public hearings at the Planning Commission level
have concluded and the City Council is considering the recommendation of the Planning
Commission this evening as a separate public hearing matter.
If the City Council were to introduce the proposed implementation ordinance regarding
Zone Text Amendment 04 -1 this evening as recommended by the Planning Commission,
or as may be modified based on the determinations of the City Council after closing the
public hearing, the following adoption schedule would be followed:
City Council Action Date of Action
Introduction of Ordinance re: ZTA 04 -1 February 23, 2004
Adoption of Ordinance re: ZTA 04 -1 March 8, 2004
Expiration Date of Ordinance 1502 March 27, 2004
Effective Date of Ordinance re: ZTA 04 -1 April 8, 2004
It would therefore be necessary to extend the effective period of Ordinance No. 1502 in
accordance with the provisions of Government Code Section 65858(a) for up to an
additional twelve (12) months, if the City Council is desirous of not allowing the current
moratorium regarding expansions of non - conforming residential structures to lapse
during the City Council public hearing and adoption process.
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. 1502 for
a maximum time period of 12 months. This action would require a four -fifths vote of the
City Council for adoption. If the City Council adopts the proposed interim ordinance
extension, it will go into effect immediately, and the moratorium will be extended until
March 27, 2005, or until the City Council adoption of the implementing ordinance
regarding Zone Text Amendment 04 -1 is effective, whichever comes first.
In summary, the City Planning Staff has initiated studies, the Planning Commission has
considered this matter at noticed public hearings and adopted a resolution recommending
the adoption of Zone Text Amendment 04 -1, and the City Council has scheduled a public
hearing to consider this matter. These are the measures, inter alia, taken to alleviate the
condition that led to the adoption of the interim ordinance. This report is issued in
compliance with Government Code Section 65858(d).
Extension of Interim Ordinance.CC Staff Report 2
Public Hearing re.' Extension of Interim Ordinance re:
Expansions to Non - Conforming Residential Structures
City Council Staff Report
February 23, 2004
Staff Recommendation re: Repeal of Interim Ordinance:
Staff is recommending that the City Council instruct staff to include language in the
Ordinance approving Zone Text Amendment 04 -1 to indicate that upon the effective date
of that implementing ordinance that the provisions of this Interim Ordinance are hereby
repealed and no longer in effect.
FISCAL IMPACT:
Minimal. Staff resources have been allocated to prepare the necessary Zone Text
Amendment staff report and proposed ordinance for adoption.
RECOMMENDATION:
1) Adopt Ordinance No. , An Interim Ordinance of the City of Seal Beach
Extending Interim Ordinance No. 1502, an Interim Ordinance of the City of Seal
Beach Enacted Pursuant to California Government Code Section 65858
Prohibiting Minor or Major Structural Alterations, Enlargements and Expansions
to Certain Nonconforming Residential Buildings and Uses During the Pendency
of the City's Review and Adoption of Relevant Permanent Zoning Regulations
and Declaring the Urgency Thereof.
2) Instruct staff to include language in the Ordinance approving Zone Text
Amendment 04 -1 to indicate that upon the effective date of that implementing
ordinance that the provisions of this Interim Ordinance are hereby repealed and no
longer in effect.
NO D APPRO D:
•
4Ita ‘e
tee Whittenberg John B r : a orski
Director of Development Se ces City ,nager
Attachment: Ordinance No. , An Interim Or ance of the City of Seal Beach
Extending Interim Ordinance No. 1502, .• Interim Ordinance of the City
of Seal Beach Enacted Pursuant to California Government Code Section
65858 Prohibiting Minor or Major Structural Alterations, Enlargements
and Expansions to Certain Nonconforming Residential Buildings and Uses
During the Pendency of the City's Review and Adoption of Relevant
Permanent Zoning Regulations and Declaring the Urgency Thereof
Extension of Interim Ordinance.CC Staff Report 3
F r R
4 :3
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PLANNING
SEA( DEPARTMENT
oG C:
M emorandum
To: Mayor and Members of the City Council
Attention: John B. Bahorski, City Manager
From: Lee Whittenberg, Director of Development Services W
Date: February 23, 2004
SUBJECT: REVISED ORDINANCE FOR ADOPTION — ITEM W
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 EXTENDING INTERIM
ORDINANCE NO. 1502, AN INTERIM
ORDINANCE OF THE CITY OF SEAL BEACH
ENACTED PURSUANT TO CALIFORNIA
GOVERNMENT CODE SECTION 65858
PROHIBITING MINOR OR MAJOR
STRUCTURAL ALTERATIONS,
ENLARGEMENTS AND EXPANSIONS TO
CERTAIN NONCONFORMING RESIDENTIAL
BUILDINGS AND USES DURING THE -
PENDENCY OF THE CITY'S REVIEW AND
ADOPTION OF RELEVANT PERMANENT
ZONING REGULATIONS AND DECLARING
THE URGENCY THEREOF
THE ,CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1. Ordinance No. 1502 is hereby extended to and including March 26,
2005. The Findings set forth in Ordinance No. 1502 are hereby incorporated by this
reference.
Section 2. But for Interim Ordinance No. 1502 which, if not extended hereby,
would expire on March 27, 2004, the City Council finds that City residents are likely to
submit applications for minor or major structural alterations, enlargements and
expansions to nonconforming residential buildings and uses in the near future pursuant to
Subsections 2, 3 and 4 of Section 28 -2407A of the Code of the City of Seal Beach ( "City
Code "). Those Sections currently conditionally permit certain modifications to
nonconforming residential buildings and uses, and under these provisions many residents
have constructed improvements that have made nonconforming buildings and uses more
permanent. There is also currently a severe shortage of parking within the City, and
many properties do not comply with City Code requirements for maximum density and
minimum setbacks. However, the City Code allows for the expansion, enlargement, and
structural alteration of residential buildings and uses which are nonconforming with
respect to density, setbacks, and parking. As a result of the proliferation of applications
for such property renewals, the problems with inadequate parking, excessive density, and
nonconforming setbacks have become exacerbated.
Agenda Item
Z:\My Documents \NONCONF \Revised Extension Ordinance.doc \LW\02 -10 -04
Public Hearing re: Extension of Interim Ordinance re:
Expansions to Non - Conforming Residential Structures
City Council Staff Report
February 23, 2004
In the absence of immediate effectiveness, the approval of minor plan reviews or
conditional use pennits for the major structural alteration, expansion or enlargement of
nonconforming residential buildings and uses pursuant to Subsections 2, 3 and 4 of
Section 28 -2407A of the Code of the City of Seal Beach will result in a 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
The City of Seal Beach has conducted studies to determine whether the expansion
of and /or the addition to a legal non - conforming residential structure or use is: consistent
with the goals and objectives of the General Plan and proposed Local Coastal Plan;
compatible with surrounding commercial and residential uses; or contrary to the public
health, safety and welfare. Staff prepared Zone Text Amendment 04 -1, to propose
appropriate revisions to the Zoning Ordinance regarding this matter, and public hearings
have been held by the Planning Commission on January 21 and February 4, 2004, and the
Planning Commission has forwarded its recommendations to the City Council for public
hearings. The City Council held its initial public hearing on Zone Text Amendment 04 -1
on February 23, 2004.
Pending completion of the public hearing process and the adoption of the
appropriate zoning regulations, it is necessary for the immediate preservation of the
public peace, health, safety and welfare that no expansion of and /or the addition to a legal
non- confoi >uing residential structure or use be developed, constructed or established
within the City.
The preparation of proposed zoning ordinance revision language has been
completed by staff, and public hearings have been completed at the Planning
Commission level. The consideration of proposed Zone Text Amendment 04 -1 has not
been completed, and the earliest effective date of new zoning regulations will be after the
expiration date of Ordinance No. 1502. It would defeat the purposes of Interim
Ordinance No. 1502 to permit the Ordinance to expire,until the studies are completed and
a permanent ordinance is prepared and adopted. Expiration of the regulations contained
in Ordinance No. 1502 could permit additions and expansions of legal non - conforming
residential structures and uses that could be inconsistent and incompatible with existing
uses in the subject area, and with the recommended Zone Text Amendment provisions as
recommended by the Planning Commission. The public health, safety and welfare
require that no further expansion of and /or the addition to a legal non - conforming
residential structure or use, be constructed within the City until the City Council adopts
adequate land use controls regulating such structures and uses.
Based upon the foregoing, the City Council finds that there is a current and
immediate threat to the public health, safety, and welfare presented by the minor or major
structural alteration, expansion or enlargement of nonconforming residential buildings
and uses pursuant to Subsections 2, 3 and 4 of Section 28 -2407A of the Code of the City
of Seal Beach. In the absence of immediate effectiveness, the approval of minor plan
reviews or conditional use permits for the major structural alteration, expansion or
Revised Extension Ordinance 2
Public Hearing re: Extension of Interim Ordinance re:
Expansions to Non - Conforming Residential Structures
City Council Staff Report
Februart 23, 2004
enlargement of nonconforming residential buildings and uses will result in a 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.
Section 3. Notwithstanding any other ordinance or provision of the Seal
Beach City Code, no application for a minor plan review or conditional use permit for the
minor or major structural alteration, enlargement or expansion, as those terms are used in
Subsections 2, 3 and 4 of Section 28 -2407 of the City Code, of a residential building or
use in the City shall be approved during the term of this Ordinance or any extensions
thereto. The City of Seal Beach hereby prohibits any such addition or expansion 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.
Section 4. This ordinance is hereby declared to be an emergency measure .for
preservation of public health, safety and welfare and shall take effect immediately and
shall remain in effect until March 26, 2005, unless it is repealed by this City Council
prior to March 26, 2005.
Section 5. This Ordinance shall be adopted by four -fifths (4/5) vote of the
City Council and shall be effective immediately upon such vote.
Section 6. The City Clerk shall certify to the adoption of this Ordinance and
shall cause the same to be published as required by law.
Section 7. 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 iinprisomnent 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 8. Severability. If any part or provision of this Ordinance, or the
application to any person or circumstance, is held invalid, the remainder of the
Ordinance, including the application of such part or provision to other persons or
circumstances, shall not be effected and shall continue in full force and effect. To this
end, the provisions of this Ordinance are severable.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal
Beach at a meeting thereof held on the day of
, 2004.
Revised Extension Ordinance 3
Public Hearing re: Extension oflnterim Ordinance re:
Expansions to Non - Conforming Residential Structures
City Council Staff Report
February 23, 2004
Mayor
•
Attest:
City Clerk
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 Govermnent 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 Ordinance 4