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Home My WebLink AboutCC AG PKT 2003-07-14 #X 0 11/ I AGENDA REPORT Di DATE: July 14, 2003 TO: Honorable Mayor and City Council THRU: John B. Bahorski, City Manager FROM: Lee Whittenberg, Director of Development Services SUBJECT: CONSIDERATION OF LIMITED EXCEPTION — INTERIM PROHIBITION OF EXPANSION OR ADDITION TO LEGAL NON - CONFORMING RESIDENTIAL STRUCTURES SUMMARY OF REQUEST: Consideration of limited exception of the interim prohibition for expansion or addition to legal non - conforming structures in the City if all current development standards, including the off-street parking requirements and excluding the density requirements, are met. BACKGROUND: On April 14, 2003 the City Council determined to proceed with the recommendation of the Planning Commission regarding the prohibition of the expansion or addition to legal non - conforming residential structures, and adopted Ordinance No. 1498, an "interim . ordinance" to prohibit applicants from submitting applications during the time of preparation of the appropriate staff reports and the required public hearings before the Planning Commission and City Council. 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. During this time staff has begun the necessary report preparation to schedule public hearings before the Planning Commission for consideration of the necessary Zone Text Amendment that would be required to ultimately be adopted by the City Council to change the existing provisions of the Code of the City of Seal Beach regarding this issue. Staff has also had discussions with several property owners who were unaware of the current prohibition of consideration of expansion or addition requests for existing legal, non - conforming residential structures, as established pursuant to the adoption of Ordinance Nos. 1498 and 1502. In those discussions with property owners the position Agenda Item Z:\My Documents\NONCONF\Exception Consideration.Elimmation of Expansion Provisions.CC Staff Report.doc\LW\07 -09-03 Consideration of Exception to Interim Ordinance re: Prohibition of Expansions and Additions to Legal Nonconforming Residential Structures - City Council Staff Report July 14, 2003 and concerns of the Planning Commission and City Council have been communicated to the interested parties. Staff has been approached by a property owner who was proposing to apply for the necessary discretionary conditional use permit to request an expansion to a legal, non- conforming 3 -unit residential property, and as part of that request, comply fully with the current off - street parking requirements of the City by providing a total of 6 garage parking spaces, and complying with all other development standards of the City, with the exception of the number of units. The subject property would allow for 2 units, and 3 exist on the property. Staff is unsure as to the desires of the City Council regarding this type of request and requesting direction form the City Council. If the City Council would determine that it is appropriate to provide an exception to the existing total prohibition, staff has prepared a revised interim ordinance for City Council consideration that would accomplish that amendment, allowing such an application to be processed under the existing Minor Plan Review or Conditional Use Permit process. A "draft" revised interim ordinance has been prepared and is provided as Attachment 1 if the City Council determines to take such an action. If the City Council determines that it is not appropriate to provide for such an exception, it would appropriate to receive and file this staff report. FISCAL IMPACT: Minimal impact, as staff is currently working on the preparation of the necessary Zone Text Amendment for consideration by the Planning Commission and City Council. . RECOMMENDATION: If the City Council determines to concur with the proposed limited exception, it would be appropriate to adopt Ordinance No. , An Interim Ordinance of the City of Seal Beach Providing an Exception Process to the Provisions Set Forth in Ordinances Nos. 1498 and 1502 and Declaring the Urgency Thereof If the City Council determines that it is not appropriate to provide for such an exception, it would appropriate to receive and file this staff report. 2 Exception Consideration.Eliuunation of Expansion Provisions CC Staff Report Consideration of Exception to Interim Ordinance re: Prohibition ofExpansions and Additions to Legal Nonconforming Residential Structures - City Council Staff Report July 14, 2003 NO - D ' ■' D • 'PROVE 6 / ` „ ..,,,,,_ ,,,, / e Whi e nberg John Bahorski D irector of Development Servi City` anager Attachments: (1) Attachment 1: Ordinance No. , An Interim Ordinance of the City of Seal Beach Providing an Exception Process to the Provisions Set Forth in Ordinances Nos. 1498 and 1502 and Declaring the Urgency Thereof • 3 Exception Consideration.Elimination of Expansion Provisions.CC Staff Report Consideration of Exception to Interim Ordinance re: Prohibition of Expansions and Additions to Legal Nonconforming Residential Structures n Q City Council Staff Report July 14, 2003 O RDINANCE NO. AN INTERIM ORDINANCE OF THE CITY OF SEAL BEACH PROVIDING AN EXCEPTION PROCESS TO THE PROVISIONS SET FORTH IN ORDINANCES NOS. 1498 AND 1502 AND DECLARING THE URGENCY THEREOF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The findings set forth in Ordinances Nos. 1498 and 1502 are hereby incorporated by this reference. Section 2. Due, in part, to the severe shortage of parking in certain areas of the City, the City Council adopted Ordinance No. 1498, and Ordinance No. 1502 extending the term of Ordinance No. 1498, to prohibit the alteration, expansion or enlargement (collectively "improving" hereinafter) of nonconforming residential buildings and uses until such time that the City fully considered, studied and considered implementing legally appropriate and reasonable policies regulating nonconforming residential buildings and uses. However, some property owners planning on improving nonconforming residential buildings and uses may be able to comply with the City's development standards, including parking requirements, with the exception of minimum density. In the absence of immediate effectiveness of this ordinance, the City will not process applications proposing to comply with such development standards. The absence of an exception procedure may 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 provision in Ordinances Nos. 1498 and 1502, the City may accept and process applications for Minor Plan Review or Conditional Use Permit in accordance with provisions of the Code of the City of Seal Beach for 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, provided the project meets all current development standards of the City, with the exception of the density standard. 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, 2004, unless it is extended or repealed by this City Council. 5 Exception Consideration.Elimination of Expansion Provisions.CC Staff Report Consideration of Exception to Interim Ordinance re: - Prohibition of Expansions and Additions to Legal Nonconforming Residential Structures City Council Staff Report July 14, 2003 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. PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at a meeting thereof held on the day of , 2003. Mayor Attest: City Clerk STATE OF CALIFORNIA } - COUNTY OF ORANGE } SS CITY OF SEAL BEACH } 6 ,e• 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 , 2003 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 6 • . Exception Consideration.Elimination of Expansion Provisions.CC Staff Report