HomeMy WebLinkAboutCC AG PKT 2003-05-12 #J •
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AGENDA REPORT
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DATE: May 12, 2003
TO: Honorable Mayor and City Council c oi
THRU: John B. Bahorski, City Manager
FROM: Lee Whittenberg, Director of Development Services
SUBJECT: PUBLIC HEARING — INTERIM ORDINANCE NO. 1498
— CONSIDERATION OF EXTENSION OF
MORATORIUM RE: EXPANSION AND ADDITION TO
LEGAL, NON - CONFORMING RESIDENTIAL
STRUCTURES
SUMMARY OF REQUEST: '
Staff recommends the City Council conduct the required public hearing, consider all
relevant information, issue this report describing the measures which have been taken to
alleviate the condition which led to the adoption of the interim ordinance, and consider
the extension of Ordinance No. 1498 for ten (10) months and fifteen (15) days, pursuant .
to Government Code Section 65858(a).
Adopt Ordinance No. , An Interim Ordinance of the City of Seal Beach Extending
Interim 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
BACKGROUND:
On April 14, 2003, staff presented a report to the City Council regarding the
recommendation of the Planning Commission relative to the expansion of legal, non-
conforming residential structures. A copy of the April 14, 2003 City Council Minutes are
provided as Attachment B, and the City Council Staff Report of April 14 is provided as
Attachment 1 of the May 7, 2003 Planning Commission Report, provided as Attachment
C.
On April 14 the City Council determined to adopt Ordinance No. 1498 as an interim
ordinance, effective immediately and only for a period of forty-five (45) days. It will
Agenda Item
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Public Hearing - Extension of Interim Ordinance Prohibiting Expansion
of Legal Non - Conforming Residential Uses
City Council Staff Report
May 12, 2003
expire on May 28, 2003 unless extended pursuant to the provisions of State law
(Government Code Section 65858).
This matter was presented to the Planning Commission on May 7, 2003 for information
and to allow the Commission the opportunity to forward any comments to the City
Council regarding the issue, as determined appropriate by the Commission. A copy of
the Planning Commission Staff Report, with attachments, is provided as Attachment C.
Comments from the Planning Commission will be provided on Monday prior to the City
Council meeting.
As currently enacted, the Code of the City of Seal Beach allows the expansion of legal,
non - conforming residential structures in the City without sufficient regulation, as
determined by the City Council in adopting Ordinance No. 1498.
In adopting Ordinance No. 1498 the City Council found in Section 1:
"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."
The City Council further determined that the expansion of legal, non - conforming
residential structures would be contrary to the general public health, safety and welfare.
The City of Seal Beach intends to conduct studies forthwith to determine whether the
expansion of legal, non - conforming residential structures is: consistent with the goals and
objectives of the General Plan; compatible with surrounding commercial and residential
uses; or contrary to the public health, safety and welfare. Pending such studies, and the
preparation and adoption of the appropriate zoning regulations, the City Council
determined it was necessary for the immediate preservation of the public peace, health,
safety and welfare that no expansion of legal, non - conforming residential structures be
approved within the City in the interim, and adopted Ordinance No. 1498.
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May 12, 2003
The City Council determined that 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 use 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. Therefore, it was necessary for the
preservation of the public peace, health, safety and welfare that Ordinance No. 1498 take
effect immediately.
The nature of the issues involved with this concern would require that any amendments to
current development standards regarding the expansion of legal, non - conforming
residential uses be considered through the public hearing process to amend the provisions
of the Zoning Ordinance, and potentially the General Plan. 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 May 28 expiration date of Ordinance No. 1498. It is therefore
necessary to extend the effective period of Ordinance No. 1498 in accordance with the
provisions of Government Code Section 65858(a) for an additional ten (10) months and
fifteen (15) days.
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 thirty days staff will complete the
appropriate background research regarding the issue of expansion of legal, non-
conforming residential uses 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. 1498 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. A copy of the proposed Interim Ordinance is
provided as Attachment A.
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).
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FISCAL IMPACT:
Allocation of existing staff resources to prepare the appropriate amendments to the
Zoning Ordinance, and potentially the General Plan and Local Coastal Plan regarding the
proposed elimination of the ability to expand the habitable living area of existing legal,
non - conforming residential structures and uses.
RECOMMENDATION:
Staff recommends the City Council conduct the required public hearing, consider all
relevant information, issue this report describing the measures which have been taken to
alleviate the condition which led to the adoption of the interim ordinance, and consider
the extension of Ordinance No. 1498 for ten (10) months and fifteen (15) days, pursuant
to Government Code Section 65858(a).
Adopt Ordinance No. , An Interim Ordinance of the City of Seal Beach Extending
Interim 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
NOTED AND APPROVED:
of( Is
re Whitten berg oT :. B. o s
Director of Development Services C - ' Manager
Attachments: (3)
Attachment A: Ordinance No. , An Interim Ordinance of the City
of Seal Beach Extending Interim 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
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Attachment B: City Council Minutes of April 14, 2003
Attachment C: Planning Commission Staff Report of May 7, 2003, with
Attachments
❑ Attachment 1: City Council Staff Report, April 14,
2003
❑ Attachment 2: Ordinance No. 1498, Adopted April
14, 2003
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ATTACHMENT A
ORDINANCE NO. , AN INTERIM ORDINANCE
OF THE CITY OF SEAL BEACH EXTENDING
INTERIM 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
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ORDINANCE NO.
AN INTERIM ORDINANCE OF THE CITY OF
SEAL BEACH EXTENDING INTERIM
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 CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1. Ordinance No. 1498 is hereby extended to and including March 26,
2004. The Findings set forth in Ordinance No. 1498 are hereby incorporated by this
•
reference.
Section 2. With the exception of Interim Ordinance No. 1498 which, if not
extended hereby, would expire on May 28, 2003, 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
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City Council Staff Report
May 12, 2003
result of the proliferation of applications for such property renewals, the problems with
inadequate parking, excessive density, and nonconforming setbacks have become
exacerbated.
In the absence of immediate effectiveness, the approval of minor plan reviews or
conditional use permits 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 intends to conduct studies forthwith 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. Pending such studies, and the preparation and
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 - conforming residential structure or use be developed,
constructed or established within the City.
City staff has undertaken studies to review the impact of such additions and
expansions of legal non - conforming residential structures and uses, and those studies
have not been completed. It would defeat the purposes of Interim Ordinance No. 1498 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. 1498
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.
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
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
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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, 2004, unless it is extended or repealed by this City
Council.
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 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 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
, 2003.
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Mayor
Attest:
City Clerk
STATE OF CALIFORNIA }
COUNTY OFORANGE } 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 , 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
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ATTACHMENT B -
CITY COUNCIL MINUTES OF APRIL 14, 2003
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Page Fourteen - City Council Minutes - April 14, 2003
FILE COPY
BB. Adopted Ordinance Number 1497 entitled "AN
ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA,
ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF
CITY OF SEAL BEACH COMMUNITY FACILITIES DISTRICT _
NO. 2002 -02 (SEAL BEACH BOULEVARD /LAMPSON AVENUE
LANDSCAPE MAINTENANCE) CALLING A SPECIAL ELECTION
FOR JULY 22nd, 2003. By unanimous consent, full
reading of Ordinance Number 1497 was waived.
CC. Approved the extension of the current contract
with the Orange Coast Marketing Coalition for
the placement of trash receptacles, and
authorized the execution of same on behalf of the
City.
AYES: Antos, Campbell, Doane, Larson, Yost
NOES: None Motion carried
It was the order of the Chair, with consent of the Council,
to declare a recess at 8:08 p.m. The Council reconvened at
8:18 p.m. with Mayor Larson calling the meeting to order.
RECONSIDERATION - ORDINANCES NUMBERED 1496 and 1497 -
CONSENT ITEMS "AA" and "BB"
Upon the advice of the City Attorney, Yost moved, second by
Campbell, to reconsider the Ordinances under Consent
Calendar Items "AA" and "BB ".
AYES: Antos, Campbell, Doane, Larson, Yost
NOES: None Motion carried
The Director of Development Services read in full the title
of Ordinance Number 1496 relating to Roof Assemblies, and
the City Attorney read the title in full of Ordinance
Number 1497 calling the Community Facilities District
Special Election.
Yost moved, second by Larson, to re- introduce and adopt
Ordinance Number 1497.
AYES: Antos, Campbell, Doane, Larson, Yost
NOES: None Motion carried
Yost moved, second by Doane, to re- introduce and approve
first reading of Ordinance Number 1496.
AYES: Antos, Campbell, Doane, Larson, Yost
NOES: None Motion carried
ORDINANCE NUMBER 1498 - LEGAL NONCONFORMING RESIDENTIAL
STRUCTURES - ELIMINATION OF EXPANSIONS OR ADDITIONS
The City Manager pointed out that this item is accompanied
by an urgency ordinance that requires a four - fifths Council
vote to approve. The Director of Development Services
presented the staff report, explained that this item comes
to the Council on recommendation from the Planning
Commission and is part of the outgrowth of issues that were
on appeal of a property on Electric Avenue with regard to
expansions to a nonconforming residential structure, those
issues were referred back to the Planning Commission for
study sessions, the Commission received public input at
Page Fifteen - City Council Minutes - April 14, 2003
_ their meeting of March 5th, at the conclusion of the study
session and hearing public comments the Commission
recommended on a five to zero vote that the Council
consider amending the Code to no longer allow additions and
expansions of existing legal nonconforming residential
structures. The Director said if the Council agrees with
that recommendation and instructs staff to prepare the
necessary zone text amendment it is also suggested that the
Council consider adoption of the interim ordinance, that
will preclude people from trying to submit applications
under the current provisions of the Code and the City
trying to deal with how to process such applications during
the period that staff will be preparing amendments to no
longer allow that type of application. He noted too that
the Ordinance places a forty -five day limitation on
processing applications, during that time period staff will
bring a report back to the Council under public hearing to
extend the Ordinance if the amendments can not be prepared
within the initial time period, and confirmed that it is
known that the amendments can not be accomplished within
the forty -five day time frame.
Councilman Doane commended the Planning Commission, and
- moved to accept the Commission recommendation and adoption
of Ordinance Number 1498 entitled "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." Councilman Antos seconded the motion. By
unanimous consent, full reading of Ordinance Number 1498
was waived.
Councilmember Campbell inquired if someone wanted to
remodel a bathroom does this mean they could not. The
Director explained that the Interim Ordinance will not
allow anyone to expand an area of a room in their legal
nonconforming structure, yet they can remodel within the
confines of the.existing perimeter walls but they could not
increase the floor area of the structure. With reference
to a one story cottage type home, Councilmember Campbell
asked if they could add a second story or enlarge a porch
area. The Director responded that they could enlarge the
porch as it is not habitable living space, however any
addition of a living area, if the structure is
nonconforming for density, setback, parking, or whatever•
the situation may be, would not be allowed to be considered
by the City for legal nonconforming properties, if a
residential property meets all of the development standards
for the zone area that it is in an addition would be
allowed, this Ordinance only applies to a legal
nonconforming property, a great majority of applications
that the City deals with are existing two unit or larger
developments in the Old Town area. Councilmember Campbell
asked if the residents want this change, to that Councilman
Antos responded that they do. Mayor Larson said it is
quite likely that there will be people questioning this
action, they will have an opportunity to voice their
opinions at the time of public hearings, the proposed
Page Sixteen - City Council Minutes - April 16, 2003
Ordinance merely keeps things status quo until the Code
amendments are prepared. The City Attorney explained that
the Urgency Ordinance is for a period of forty -five days,
in accordance with Section 3 thereof there will be a public
hearing on this matter to extend the time period, the
actual date will be May 12, 2003, at that time there will
be an opportunity for public input. Councilman Yost
inquired as to the requirements to enact an urgency
ordinance. The City Attorney directed attention to Section
1 of the draft Ordinance, explained that the Council will
need to make those findings, the key findings under the
Government Code are identified under Section 5, basically a
current and immediate threat to the public health, safety,
and welfare presented by minor or major structural
alterations, etc., the Section goes further to state that
approval of such expansions, minor plan reviews, or
conditional use permits will result in a threat to the
public welfare, those are the key findings. Mayor Larson
said from his experience when people hear of this being
proposed and should there not be an urgency ordinance there
would be innumerable applications submitted, with the
ordinance it will maintain the normal process pending
adoption of new regulations. Councilman Yost offered that
he has a problem with people expanding legal nonconforming
residences, especially those that are legal nonconforming
due to parking which increases the density of the area.
AYES:, Antos, Campbell, Doane, Larson, Yost
NOES: None Motion carried
MAIN STREET ENCROACHMENT PERMIT POLICY
The Director of Public Works presented the staff report,
explained that this item deals with whether or not the City
desires to regulate encroachments on Main Street, during
the past nine months staff has brought proposals to the
Council in an effort to bring closure to this issue. It is
proposed to inventory everything on the Street, inform the
owners if a corrective action is necessary, and issue a no
fee encroachment permit to them, thus streamlining the
process for the business owners, the bench standards have
been modified which will allow two benches to face each
other, the sign ordinance will be held in since it
confuses the issues between benches and encroachments and
sandwich board signs until there is a Code review process,
Public Works will install items such as bike racks as funds
become available, and it is confirmed that there will be no
outdoor dining. The Director recommended adoption of the
Policy as submitted. Antos moved, second by Yost, to adopt
the Encroachment Permit Policy.
AYES: Antos, Campbell, Doane, Larson, Yost
NOES: None Motion carried
PROPOSED RESOLUTION - ON- STREET PARKING REGULATIONS /
LAYOUT - SEAL BEACH BOULEVARD
The Director of Development Services presented the staff
report, noted that this item comes to the Council as a
recommendation of the Planning Commission as an outgrowth
' of the Commission hearing relating to the next agenda item,
the General Plan Amendment, Zone Change, etc. relating to
the Limited Commercial zoning standards on Seal Beach
Public Hearing - Extension of Interim Ordinance Prohibiting Expansion
of Legal Non - Conforming Residential Uses
City Council Staff Report
May 12, 2003
ATTACHMENT C
PLANNING COMMISSION STAFF REPORT OF MAY 7,
2003, WITH ATTACHMENTS
❑ ATTACHMENT 1: CITY COUNCIL STAFF
REPORT, APRIL 14, 2003
❑ ATTACHMENT 2: ORDINANCE NO. 1498,
ADOPTED APRIL 14, 2003
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May 7, 2003
STAFF REPORT
To: Honorable Chairman and Planning Commission
From: Department of Development Services -
Subject: INTERIM ORDINANCE NO. 1498 - ADDITIONS AND
EXPANSIONS TO NON - CONFORMING
RESIDENTIAL PROPERTIES REPORT
GENERAL DESCRIPTION 1 -
Applicant: CITY OF SEAL BEACH
Location: ALL RESIDENTIAL AREAS OF THE CITY
Classification of RESIDENTIAL Low, MEDIUM AND HIGH DENSITY
•
•
Properties:
Request: INFORMATION ITEM REGARDING ADDITIONS AND EXPANSIONS
TO LEGAL, NON - CONFORMING RESIDENTIAL PROEPRTIES,
CURRENTLY NOT ALLOWED UNDER PROVISIONS OF ORDINANCE
No. 1498.
Environmental Review: RECOMMENDED ACTIONS ARE EXEMPT FROM CEQA REVIEW.
ANY FUTURE AMENDMENTS TO THE ZONING ORDINANCE WILL
REQUIRE ENVIRONMENTAL ANALYSIS.
Code Sections: GOVERNMENT CODE SECTION 65858(A); SUBSECTIONS 2, 3 AND
4 OF SECTION 28 -2407A OF THE CODE OF THE CITY OF SEAL
BEACH
Recommendation: STAFF RECOMMENDS PLANNING COMMISSION CONSIDERATION
AND COMMENTS TO THE CITY COUNCIL.
FACTS I
• On April 14, 2003, staff presented a report to the City Council regarding the
recommendation of the Planning Commission regarding the expansion of legal, non-
conforming residential structures. A copy of the April 14, 2003 City Council Staff
Report is provided as Attachment 1.
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Report re: Expansion of Legal, Non - Conforming Residential Uses Moratorium
Planning Commission Staff Report
May 7, 2003
• The City Council determined to adopt Ordinance No. 1498 as an interim ordinance,
effective immediately and only for a period of forty -five (45) days.
• This matter is being presented to the Planning Commission for information and to allow
the Commission the opportunity to forward any comments to the City Council regarding
the issue, as determined appropriate by the Commission.
DISCUSSION
The City Council has adopted Ordinance 1498 as an interim ordinance pursuant to the
provisions of Government Code Section 65858(a). This ordinance is effective for 45 days
from April 14, 2003, or until May 28, 2003. See Attachment 2 for a copy of Ordinance No.
1498. As currently enacted, the Code of the City of Seal Beach allows the expansion of
legal, non - conforming residential structures in the City without sufficient regulation, as
determined by the City Council in adopting Ordinance No. 1498.
In adopting Ordinance No. 1498 the City Council found in Section 1:
"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."
The City Council further determined that the expansion of legal, non - conforming residential
structures would be contrary to the general public health, safety and welfare. The City of
Seal Beach intends to conduct studies forthwith to determine whether the expansion of legal,
non - conforming residential structures is: consistent with the goals and objectives of the
General Plan; compatible with surrounding commercial and residential uses; or contrary to
the public health, safety and welfare. Pending such studies, and the preparation and adoption
of the appropriate zoning regulations, the City Council determined it was necessary for the
immediate preservation of the public peace, health, safety and welfare that no expansion of
legal, non - conforming residential structures be approved within the City in the interim, and
adopted Ordinance No. 1498.
Non - Conforming Residential Expansion Moratorium PC 2
Report re: Expansion of Legal, Non - Conforming Residential Uses Moratorium
Planning Commission Staff Report
May 7, 2003
The City Council determined that 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 use 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. Therefore, it was necessary for the preservation
of the public peace, health, safety and welfare that Ordinance No. 1498 take effect
immediately.
The nature of the issues involved with this concern would require that any amendments to
current development standards regarding the expansion of legal, non - conforming residential
uses be considered through the public hearing process to amend the provisions of the Zoning
Ordinance, and potentially the General Plan. 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 May 28
expiration date of Ordinance No. 1498. It is therefore necessary to extend the effective
period of Ordinance No. 1498 in accordance with the provisions of Government Code
Section 65858(a) for an additional ten (10) months and fifteen (15) days.
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 thirty days staff will complete the appropriate
background research regarding the issue of expansion of legal, non - conforming residential
uses and prepare an additional report to the City Council regarding suggested actions, with an
anticipated time schedule.
RECOMMENDATION
Staff recommends the Planning Commission consider all relevant information and direct Staff to
forward any Cominission comments to the City Council regarding the extension of Ordinance
No. 1498 for ten (10) months and fifteen (15) days, pursuant to Government Code Section
65858(a).
ee Whittenberg
Director of Development Services
Attachments: (2)
Attachment 1: City Council Staff Report of April 14, 2003, with Attachments
Non-Conform Residential Expansion Moratorium PC 3
Report re: Expansion of Legal, Non - Conforming Residential Uses Moratorium .
Planning Commission Staff Report
May.7, 2003
Attachment 2: 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
Non - Conforming Residential Expansion Moratonum PC 4
Report re: Expansion of Legal, Non - Conforming Residential Uses Moratorium
Planning Commission Staff Report
May 7, 2003
ATTACHMENT 1
CITY COUNCIL STAFF REPORT OF APRIL 14, 2003 .
Non- Confornung Residential Expansion Moratorium.PC 5
AGENDA REPORT Et'`
DATE: April 14, 2003 ►,�
TO: Honorable Mayor and City Council
THRU: John B. Bahorski, City Manager
FROM: Lee Whittenberg, Director of Development Services
SUBJECT: CONSIDERATION OF PLANNING COMMISSION
RECOMMENDATION - ELIMINATION OF
PROVISIONS OF ZONING CODE RE: EXPANSIONS
OR ADDITIONS TO LEGAL NON - CONFORMING
RESIDENTIAL STRUCTURES
SUMMARY OF REQUEST:
Consideration of Planning Commission recommendation to the City Council that the City
consider the elimination of provisions of the Zoning Ordinance allowing for expansions
or additions to legal non - conforming structures in the City.
BACKGROUND: -
On March 5, 2003 the Planning Commission conducted their second "Study Session"
regarding the issue of the current Zoning Ordinance provisions that allow for the
expansion of legal non - conforming residential structures. During the study session,
several individuals indicated that the current -regulations are not reflective of the
community's desires and recommended that no addition or expansions of legal non-
conforming structures be permitted in the future.
After closing the study session, the Commission adopted on 5 -0 vote the following
recommendation:
"To recommend the City Council consider elimination of the provisions
allowing for expansions or additions to any legal non - conforming
structures within the City."
Please refer to Attachment 2, the Planning Commission Minutes of March 5, 2003 to
review the public and Commission discussion regarding this recommendation.
If the City Council determines to proceed with the recommendation of the Planning
Commission there will be a need to re- allocate existing staff work to accommodate the
Agenda Item _
C \Documents and Settmgs \LWhittenberg \My Documents \NONCONF\PC Recommendation Elimination of Expansion Prov ions.CC
Planning Commission Recommendation re:
Elimination of Zoning Code provisions re:
Expansions and Additions to Legal Nonconforming Residential Structures
City Council Staff Report
Apri114, 2003
preparation of the necessary Zone Text Amendment for consideration by the Planning
Commission and City Council. The time period to complete the necessary staff reports
and to complete the required public hearings before the Planning Commission and the
City Council, and adoption of any ordinance determined appropriate by the City Council,
given the current work load of the Planning Department is estimated at between 18 -22
weeks. If the City Council determines to proceed, Staff would recommend consideration
of adoption of 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. A "draft" interim ordinance
has been prepared and is provided as Attachment 1 if the City Council determines to take
such an action.
OVERVIEW OF ISSUE FROM NOVEMBER 12, 2002 CITY
COUNCIL MEETING:
On November 12, 2002 the City Council considered a similar request by Councilman
Antos and determined to not adopt an interim ordinance at that time. Please refer to
Attachment 3 to review the information that was presented in the "Memo" provided to
the City Council that evening: The current provisions of the Code of the City of Seal
Beach regarding Nonconforming Buildings and Uses are provided as Attachment 4 for
the information of the City Council.
FISCAL IMPACT:
If the City Council determines to proceed with the recommendation of the Planning
Commission there will be a need to re- allocate existing staff work to accommodate the
preparation of the necessary Zone Text Amendment for consideration by the Planning
Commission and City Council.
RECOMMENDATION:
Consideration of Planning Commission recommendation to the City Council that the City
Consider the elimination of provisions of the Zoning Ordinance allowing for expansions
or additions to legal non - conforming structures in the City.
If the City Council determines to concur with the recommendation of the Planning
Commission it would be appropriate to adopt Ordinance No. , 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
PC Recommendation Elimination of Expansion Provisions CC Staff Report
Planning Commission Recommendation re:
Elimination of Zoning Code provisions re:
Expansions and Additions to Legal Nonconforming Residential Structures
City Council Staff Report
April 14, 2003
NOTED A !APPROVE ►
/ f♦ , _, //1 ' - - 7 4;
e W John B: ahorski
City ;Tanager
Director of Development Servi s Citager
Attachments: (4)
Attachment 1: Ordinance No. , 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
Attachment 2: Planning Commission Minute Excerpt of March 5, 2003
Attachment 3: Urgency Ordinance Re: Non - Conforming Residential
Structures, City Council Memo, November 12, 2002
Attachment 4: Article 24, General Provisions Conditions and Exceptions;
Nonconforming Buildings and Uses, Sections 28 -2400
through 28 -2408, Code of the City of Seal Beach
3
PC Recommendation Elimination of Expansion Provisions.CC Staff Report
Planning Commission Recommendation re:
Elimination of Zoning Code provisions re:
Expansions and Additions to Legal Nonconforming Residential Structures
City Council Staff Report
April 14, 2003
ATTACHMENT 1
•
ORDINANCE NO. , 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
4
PC Recommendation Elimination of Expansion Provisions.CC Staff Report
ORDINANCE NO.
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
ORDAIN AS FOLLOWS:
Section 1. 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. The Planning Commission, this 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
nonconforming residential buildings and uses. Given the time required to undertake the
study and planning necessitated by the proliferation of applications, the City Council
finds that it is necessary that this interim ordinance be adopted, 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.
C. \Documents and Settings\LWhrttenberg\My Documents \ORD \Nonconforming Expansion Intenm Ord doc \LW \U4 -15 -03
Interim Ordinance No.
Enlargements and Expansions of Legal
Non - Conforming Residential Structures
April 14, 2003
Section 2. 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 tenn of this Ordinance or any extensions
thereto. The City of Seal Beach hereby prohibits any such use 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 3. This Ordinance shall expire forty -five (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. The City Council hereby directs
the City Clerk to notice a public hearing to consider extending this interim ordinance for
May 12, 2003.
Section 4. 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 the prohibition
hereby, may have a significant effect on the environment, because the prohibition 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 5. 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
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 6. 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. 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
Noncontonrung Expansion Intenm Ord 2
Interim Ordinance No.
Enlargements and Expansions of Legal
Non - Conforming Residential Structures
April 14, 2003
circumstances, shall not be effected and shall continue in full force and effect. To this
end, the provisions of this Ordinance are severable.
Section 8. This Ordinance shall be adopted by four -fifths (4/5) vote of the City
Council and shall be effective immediately upon such vote.
Section 9. 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
Noncontonnms Expansion Intenm Ord 3
Interim Ordinance No.
Enlargements and Expansions of Legal
Non - Conforming Residential Structures
April 14, 2003
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 , 2003
by the following vote:
AYES: Councilmembers
NOES: Councilmembers
AB SENT: Councilmembers
AB STAIN: 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
Nonconforming Expansion Interim Oid 4
•
Planning Commission Recommendation re:
Elimination of Zoning Code provisions re:
Expansions and Additions to Legal Nonconforming Residential Structures
City Council Staff Report
April 14, 2003
ATTACHMENT 2
PLANNING COMMISSION MINUTE EXCERPT OF
MARCH 5, 2003
•
9
PC Recommendation Elimination of Expansion Provisions.CC Staff Report
City or Sea! Seach Planning Comnicsion
• Meering Minures of Main 5, 2003
Mr. Whittenberg advised that these actions tonight are only recommendations and there
will be .future public heanngs scheduled with the City Council and all property owners
and all residents and tenants within a 300 -foot radius will receive notice of these future
City Council hearings. He cautioned that the CCC would be very resistant to restricting
i overnight parking
i
Commissioner Sharp stated that although he strongly sympathized with the parking
problems, he would vote against this motion strictly because the PC would be asking
3 Staff to do something that will lead them to "buck their heads against the wall with the
Coastal Commission." He said that he feels it would be asking the City to spend money
1 that it doesn't need to spend
7
3 Commissioner Ladner commented that based on what the Director of Development
Services has said, the CCC would object to restrictions on overnight parking, so he
5 would strike this part of his recommendation, but he still believes there should be a time
5 - limited green zone for the commercial uses. Mr. Whittenberg reminded the PC that they
7 are discussing an issue that technically they have no jurisdiction to change. He
8 suggested that any recommendation to City Council be kept as general in nature as
•
9 possible.
0
1 Commissioner Deaton stated that although she is aware that this issue has been
2 extensively studied, she believes it deserves further review. She noted that this street
3 appears to be very congested and she is surprised that the curb -to -curb width is the
4 same as Main Street as currently it almost seems dangerous in some places. She said
5 that parking in this area deserves another look to make sure that it is working.
6
r MOTION by Ladner; SECOND by Deaton to request that City Council authorize City
8 Engineering Staff to review potential parking restrictions on Seal Beach Boulevard from
9 the area of Electric Avenue to Pacific Coast Highway.
0
1 MOTION CARRIED: 4 — 0 —1
AYES: Hood, Deaton, Ladner, and Shanks
3 NOES: Sharp
.'4 ABSENT: None
r
;6
17 SCHEDULED MATTERS
S9 6. STUDY SESSION Addition and Expansion Standards for Non - Conforming
Residential Uses.
!1
12 Staff Feoort
IJ
! ^ Mr. Whiilenberg stated that because this is a study session item, there would be no
!J recommendations made by Staff He said that an additional Staff Report was prepared
!6 based upon direction given to Staff at the PC meeting of February 5, 2003 He noted
City of Sea! Eeach Planning Commission
Meeang Minutes of Mann 5, 2003
f
that public comment or questions could be received and at the end of the study session
the PC could make a determination or direct Staff as to how they wish to proceed. He
then provided some background information and explained that the main purpose was
to review current standards for individuals wanting to expand livable space at an
existing legal nonconforming structure. He noted that the City has a two -tier process for
expansions to one- and two -unit nonconforming residential projects that under a Minor
Plan Review (MPR) process allows additions up to a certain amount of square feet, and
anything over that square footage requires a Conditional Use Permit (CUP). He said
that there are specific Ordinance requirements in those sections of the Code that as
part of reviewing these expansions requires the PC to make certain findings as to
whether or not the project is consistent with the General Plan (GP). He stated that
separate criteria with different size limitations exist for -unit and larger projects. The
Director of Development Services noted that at the last study session the PC asked
Staff to look into the second step process for the CUP to attempt to develop additional
criteria that would encourage people to increase the number of parking spaces on their
properties that are currently substandard for parking. He stated that the supplemental
Staff Report outlines the 2 -step process for the CUP that would place a size limitation
on the square footage allowable if a mufti - family project does not provide at least 1.5
parking spaces per unit. He said that currently the only criterion the City has regarding
parking spaces is that if the project is to be over a certain amount of square feet, it is
/ subject to the CUP process. He stated that Staff recommends that if 1.5 parking spaces
are not provided, the CUP still be required along with another size cap on the type of
development to be considered.
Commissioner Questions
Commissioner Deaton stated that there are diverse nonconforming issues and she
confirmed that if a property owner wished to go from 1 parking space per unit to 1.5
spaces, then under the CUP process they could add as many square feet as they want.
Mr. Whittenberg stated that if they can provide 1.5 spaces or more per unit, they could
ask for whatever they wanted and it would be up to the PC to determine what would be
appropriate. Commissioner Deaton then clarified that if the property owner chose not to
,add more parking, then a cap of 216 square feet per unit up to the maximum of 600
square feet would apply, and for SFRs and duplexes the cap would be 432 per unit and
864 square feet per property
Public Comment Period
Chairperson Hood opened the public comment period
Ms. Jern West shared the following recommendations for potential amendments to
Section 28- 240 7:
1. Eliminate the need for a Conditional Use Permit (CUP) for residential
nonconforming property additions.
2. Discard any new idea for 1.5 off street parking soaces per unit under any
conditions or circumstances Keep the current requirement 2 - r
�i spaces �a unit.
City of Seal Each Planning Commission
Meeting Minutes of March 3, 2003
1 3. Keep the Code as Is with respect to duplexes and single - family residence
2 additions.
3 4. If 3 or more units allow no additions to these If they are on a 25 or 30 -foot lot
4 unless they can meet the 2 -space per unit parking requirement.
5 5. Allow no expansion to 5 or more units unless parking requirements of 2 parking
6 spaces per unit are provided.
7 Ms. West ended by stating that to Incorporate these requirements would prevent having
2 to take up time testifying before the PC and having to pay fees to appeal decisions
9 made by the PC. - ,
0 .
1 Mr. Roger West stated that this study session was unnecessary and creates
2 unnecessary expense He said that requiring the CUP process for expansions or
3 additions to nonconforming residential property wastes taxpayers' money. He stated
4 that countless hours and money are wasted by the Planning Department in attempting
5 to help an opportunist who buys into Seal Beach and wants to exploit it for profit. He
6 noted that he estimates that the 8 -page report prepared for this meeting cost the City
7 $2,000 per page. He said this is nonsense in light of the City's current financial
3 situation. He said it would be best to stop squandering the City's money by eliminating
9 the need to undergo the CUP process for additions to nonconforming structures.
'.0
?1 Mr. Jim Caviola stated that he has lived in Seal Beach for 24 years and it bothers him
?2 that within the last 5 years zoning in the City is being changed so frequently. He said
?3 _ that property owners must be able to rely on their property rights and he is concerned
?4 that zoning is being "played with." He noted that this is because of the property values.
?5 He said that within 200 feet of his property there are 5 illegal units. Mr. Caviola noted
?6 that this creates an overtaxing of electrical systems and sewer systems. He said that
?7 usually the landlords don't even live in this community and he is tired of spending time
a8 protecting his property. He stated that use of the CUP process circumvents his rights
?9 as a property owner. He commented that CUPs are for someone wanting to have a
30 band in a restaurant, but the PC is using CUPs to allow permanent structures on
31 nonconforming buildings that will never meet Code requirements. He said that when he
32 built both of his homes, they had to be engineered and meet all safety codes. He noted
33 that none of the homes in his neighborhood meet these standards. He said he is tiFed
34 of the City changing the rules and he is asking that the CUP process be eliminated
35 altogether He stated there is no reason to make an addition to a nonconforming
36 building and if they wish to do so, the building should be brought up to Code
37
38 Mr. Chi Kredell stated that ever since the 1930s when City Council approved converting
39 25 -foot lots from duplexes to SFRs the Code has been watered down. He asked why
40 the Commissioners feel that they know more than the people who live in Old Town,
41 when they do not have the same type of climate. He stated that the CUP does not
42 benefit anyone and all it does is add density. He noted that more and more he hears
43 about requests to exceed the height limit by greater heights He asked why Staff keeps
44 nibbling at the development standards? He said that residents of Old Town do not want
45 more density and he recommended eliminating CUPs and that no Variances be gr nted
4.6 without proof of hardship
City of Seal Beach Planning Commission
Meting Minutes of March 5, 2003
Ms. Joyce Parque stated that every time a new law is made it creates more paperwork
and more expense She said Staff needs to generate paperwork in order to keep their
' jobs. She stated that if the, guidelines are made very simple then Staff could not use a
CUP or Vanance She commented that regarding parking the City is already in trouble
with the California Coastal Commission (CCC) because of the things it has not done
properly. Ms Parque stated that the City has not complied with the people's desire :to
keep the town low density She said that 2 parking spaces per unit should be required
for any additions or expansions
Mr. Chi Kredell stated that when construction of one SFR on 25 -foot lots was approved,
Staff said that no one would build one SFR on these lots He noted that the first year
after approval 18 SFRs were constructed on 25 -foot lots. He said that many developers
reported that more money was made on SFRs than on duplexes. He stated that he
believes this is still the case. He said SFRs also add more to the character of the City.
Mr. Warren Morton recommended" prohibiting all expansions to nonconforming
structures within the City.
There being no one else wishing to speak, Chairperson Hood closed the public hearing.
/
Commissioner Comments
Chairperson Hood reviewed the recommended options as listed on Page 5 -8 of the
Supplemental Staff Report dated March 5, 2003.
Commissioner Deaton stated that all of the testimony recommends elimination of the
CUP process altogether. She said that when she served as a Planning Commissioner
for Fountain Valley the CUP was designed as something that could be taken away if the
specific conditions were not met. She stated that she has never understood how a CUP
could be issued to a permanent structure when there is nothing that can be taken away
later. She said that she is bothered by the idea of not allowing any work to be done to
nonconforming units. She noted that renovation inside of these buildings should
continue to be allowed. She asked if the PC is looking at illegal nonconforming and /or
legal nonconforming structures and she requested clarification on what the difference is
between these definitions. Mr. Whittenberg stated that the sections of the Code refer to
legal nonconforming structures, as structures that were built with building permits and
when they were built met whatever the development standards were at that time. He
said that subsequent changes to City standards during the 1980s related to density,
setbacks, parkina, etc., caused these structures to be classified as legal nonconforming
uses He explained that illegal nonconforming uses are those that were built without
applying for building permits from the City and violations of this kind are usually
addressed through the Code Enforcement process. He said that the process being
discussed tonight does not apply to anyone that has illegally converted a structure He
explained that the CUP process for expansions to nonconforming residential structures
has been in place in Seal Beach sine= 197 - under the provisions of an ord;nanca
City of Seal aeacn Planning Commission
Meeting Minutes of March 5. 2003
adopted at that time, which allowed very, very limited additions or expansion He said
that over the years the PC and CC in dealing with issues in town have in their decision-
; making processes come to the decision to change ordinances and modify them to the
point at which they are today. He stated that the CC heard a lot of criticism of the
5 process and of the procedures that are now in place as part of the 1210 Electnc Avenue
3 process This is why the CC has asked the PC to revisit these issues once again. He
T emphasized that any changes to a law of the City that impacts how a development can
3 be built on a piece of property is not something that is determined by Staff alone. He
] explained that there is an ordinance that is ultimately adopted by CC and Staff enforces
] and implements that ordinance, and people have the right to come in submit an .
1 application if the City's ordinances allow for this. He stated that what happens after this
2 is a decision process at the PC and CC level. He observed that people don't like the
3 decisions that are currently being made and the extent for what people can apply, and
that is the issue before the PC tonight. He noted that as stated during the public
5 comments, most cities do not allow expansions of nonconforming structures, period.
3 Commissioner Deaton asked the Director of Development Services to expand on what
7 the potential problems with this type of a prohibition might be. Mr. Whittenberg stated
3 that as far as interior remodels or upgrades on nonconforming structures are
9 concerned, the City already allows this. All residents have to do is apply for the building .
0 permits. He said that projects to expand or add additional living space to a unit must
1 come before the PC He indicated that since 1974 the size of the expansions able to be'
2 considered by both the PC and CC have increased, which he believes is more of a
3 reflection of private individuals coming before the City and making a case to change the
4 laws. He said that from Staffs standpoint, if the PC were to decide that no more
5 expansions are to be allowed, it would make the City's workload very different and
6 would allow Staff more time to work on other projects. He said that Staff is not bound to -
7 state that this is the best process in the world, but when PC and the CC ask for Staffs
8 opinion for how best to deal with an issue, Staff is bound to provide the best advice
9 possible. He said that for the most part cities that do allow some form of expansions
0 are cities that have an older residential base constructed in the 1920s, 1930s, or 1940s,
1 and provides multi - family housing that under their current laws could not otherwise be
2 provided. He noted that in this town it is important to maintain this type of housing in
3 some manner. He commented on the opposing opinions of whether Seal Beach should
.4 be a homogenous community of strictly single - family residences or whether multi - family
i5 housing should be included. He noted that many new developments throughout
6 Southern California do include condominiums, apartment buildings, and townhouses.
.7 Commissioner Deaton stated that next door to her home is a duplex that her neighbor
has beautifully renovated. She asked if the PC were to consider the elimination of any
I9 expansions or additions to legal nonconforming structures would property owners be
.0 able to do what her neighbor has done? Mr Whittenberg reiterated that if no additional
-1 living space is to be added to legal nonconforming structures renovations are
2 permissible by simply applying for the appropriate building permits. Commissioner
Deaton inquired about whether a roof deck would be permissible Mr. Whittenberg
4 stated that a roof deck would not increase habitable living space, but should it exceed
-� the heicht limit, the person would have to apply for a Height Variation (HV). He noted
City of Sea! Beach Planning Commission
�-- Meeting Minutes or March 5, 2003
that this would be a separate category from expansions /additions to legal
nonconforming structures.
Commissioner Shanks stated that with regard to CUPs, one reason some of this has not
been all negative is that one of the requirements for someone adding square footage is
that they bring their electncal and plumbing up to current building and safety code
standards
Commissioner Sharp asked how many of the properties on Manna Hill are conforming.
Mr. Whittenberg stated that a number of the properties constructed on the Hill have .
garages that were less in square footage than the Code required at that point, but were
somehow approved He surmised that approximately 98 -99 percent of every residential
area in town is generally made up of conforming structures except for those properties
between Pacific Coast Highway (PCH) to the ocean. He said this is primarily an issue
,, in Old Town and Surside. Commissioner Sharp asked if the properties on Marina Hill
are nonconforming would eliminating all expansions affect these homes. Mr.
Whittenberg stated that it would not because there is already language in the Code that
addresses the issue of garage size in that area and recognizes those as being legal
size garages for building permit purposes.
MOTION by Deaton; SECOND by Shanks to recommend that City Council consider
elimination of the provisions allowing for expansions or additions to any legal
nonconforming structures within the City.
MOTION CARRIED: 5 — 0
AYES: Hood, Deaton, Ladner, Shanks, and Sharp
NOES: None
ABSENT: None
Mr. Whittenberg noted that Staff would prepare a report for a future City Council agenda
with the Planning Commission's recommendation. He said that at that point Staff would
request authorization to begin a Zone Text Amendment (LTA) process to amend the
Code to reflect the recommendation of the PC, assuming CC wishes to proceed in this
manner.
STAFF CONCERNS
Mr. Whittenberg reported that he would not be in attendance at the March 19, 2003
meeting.
COMMISSION CONCERNS
Commissioner Shanks requested that the status memorandum regarding 1110 Electric
Avenue be provioed ;n Mr. Warren Morton.
Planning Commission Recommendation re:
Elimination of Zoning Code provisions re:
Expansions and Additions to Legal Nonconforming Residential Structures
City Council Staff Report
April 14, 2003
ATTACHMENT 3
URGENCY ORDINANCE RE: NON-
CONFORMING RESIDENTIAL
STRUCTURES, CITY COUNCIL MEMO,
•
NOVEMBER 12, 2002
10
PC Recommendation Elimination of Expansion Provisions CC Staff Report
City of Seal Beach
M emo
To: Honorable Mayor & Members of the City Council
From: Mac Cummins
•
CC:
Date: 11/12/02
Re: Urgency Ordinance Re Non - Conforming Residential Structures
A request has come from Councilman Antos regarding adopting an urgency
ordinance that would affect structural alterations & enlargements to legal non-
conforming residential structures in the City. These structures are primarily located in
the old town area, south of Pacific Coast highway.
The City code sets forth the provisions for applications to the City for additions to
these types of structures and the procedures for application. There are a number of '
different non - conformities that a property may possess, and section 28 -2407 of the
City code addresses what type of application must be made, given the specific non-
conformity on the property.
The code defines "minor structural alterations & enlargements" as the following:
• Open roof decks
• Additional balconies & porches
• Roof additions over balconies and porches
• Additional exterior doors
• Additional garages & carports, including tandem garages
• Interior wall modifications & remodeling involving less than 25% of the walls
• Reduction in number of units involving less than 50% of structures interior
walls
• Minor enlargements or expansions (Single Family or Duplex):
o 1 time enlargement, less than 10% of the allowable Floor Area Ratio,
up to 288 square feet per unit to a max of 576 per property
o Number of bedrooms may not be increased
o Planning Commission MUST find that all feasible parking has been
created
o Tandem parking spaces may be utilized
• Minor enlargements or expansions (3 or more units):
o 1 time alteration — Less than 10% of allowable Floor Area Ratio
Maximum 144 square feet per unit; maximum 400 square feet per
property
o 1 parking space per unit must be provided
o Bedroom may not be added if nonconforming due to density or parking
o 1 time enlargements to more than 10% of the allowable Floor Area
Ratio standards; provided all parking is provided, but tandem parking is
used because the lot is too narrow to provide standard stalls
The Code further defines "Major Structural Alterations, Enlargements, and
Expansions" to address expansions not specifically provided for above. The most
significant difference between Minor and Major improvements is that a Minor
Structural Alteration & Expansion may be conditionally permitted through a
Consent Calendar review process, but a Major Structural Alteration may only be
conditionally permitted after a Public Hearing, with a larger mailout radius area.
The code has 2 separate provisions for Major Structural Alterations,
Enlargements or Expansions. They vary based on the type of non - conformity on
the subject property. A brief recap: .
• Provisions relating to Major Alterations, Enlargements, or Expansions of
nonconforming residential structures providing all provisions of the chapter are
met EXCLUDING: density & the required setback for legal non - conforming
garages or carports
o 1 time or cumulative enlargements /expansions which increase the
allowable Floor Area Ratio more than 10% of the allowable FAR for the
zone
o 1 time interior wall modifications to more than 25% of the interior walls
of the structure
• Provisions relating to Major Alterations, Enlargements, or Expansions of
nonconforming residential structures providing all provisions of the chapter are
met EXCLUDING: density & parking
o 1 time or cumulative enlargements /expansions which increase the
allowable Floor Area Ratio more than 10% of the allowable FAR for the
zone
o 1 time interior wall modifications to more than 50% of the interior walls
of the structure
o Planning Commission must determine that all feasible parking is
provided
• Page 2
There are also provisions that allow for a property that is non - conforming ONLY by
reason of inadequate setbacks to apply to the Director of Development Services for
enlargements. This would be a situation where the property met all of the density or
parking requirements.
On Wednesday, November 6, 2002, the Planning Commission approved 2 separate
items that fall within the "Major Structural Alteration" category within Section 28 -2407.
One project involved the addition of a second floor on a single - family house that sits
on a property that also has an apartment unit above the garage. No new bedrooms
were being added in the case. The second approval was for a 4 -unit property to
expand the main house structure. The applicant wished to move the existing
bedrooms upstairs and create a formal living room, dining room, and larger kitchen.
The applicant in this case reduced the bedroom count from 3 to 2.
Historical Perspective
The City typically receives approximately 5 — 7 formal requests under these
provisions of the code each year. There are also several other inquiries by citizens
which are not ever heard at the Planning Commission after discussions with staff. In
general, if an applicant meets the minimum criteria provided for in Section 28 -2407, .
the Planning Commission has approved the requests. A brief recap of recent year's .
applications:
2002:
• CUP 02-4 B -106 Surfside
• CUP 02 -13 139 12 St.
• CUP 02 -15 -226 4 St.
• CUP 02 -16 1210 Electric
2001:
• MPR 01 -1 515 Ocean Ave. .
• MPR 01 -3 1101 Seal Way
• MPR 01-4 809 Ocean Ave. #3
• CUP 01-4 1110 Electric Ave.
• CUP 01 -7 320 Central Ave.
2000:
• MPR 00 -3 241 17 St.
• CUP 00 -3 615 Ocean Ave.
• MPR 00-4 919 Ocean Ave.
• CUP 00-6 308 -310 Ocean Ave.
• Page 3
• MPR 00 -5 308 -310 Ocean Ave.
• CUP 00 -12 617 Ocean Ave.
1999:
• MPR 99 -1 235 8 St.
• MPR 99 -2 1207 Ocean Ave.
• MPR 99 -3 1531 Seal Way ..
• MPR 99-4 1215 Seal Way
• MPR 99 -6 1100 Ocean Ave. _
• CUP 99 -11 1001 Electric Ave.
• MPR 99 -10 209 13 St.
In all of the above cases, the planning commission approved the requested projects.
Nature of Current Process:
The current process, as provided in section 28 -2407, allows the discretion of the
Planning Commission and ultimately the City Council (upon appeal, if filed), to
analyze each individual application on its own merits. This process is not burdened
by the fact that the Commission has approved several similar cases in the past.
Under the law, each property is considered to be unique and a decision on one
property does not set any precedent for future applications regarding other
properties. If the Planning Commission, or City Council in the case of an appeal,
were to decide that a particular application was not appropriate for the character and
integrity of the neighborhood in which it was applied, the voting body could deny the
application. .
This process allows the greatest flexibility when looking at possible expansions to
legal non - conforming properties. The process provides that all such expansions
require discretionary approval by an appointed Commission of the City to be looked
at individually. The code does not say that if an application meets the minimum
criteria, that a project MUST be approved. It merely sets forth minimum criteria for
which an application must meet in order to apply. This process is beneficial to the
City in so far that the City does not need to try to anticipate every possible
development application that might come in the future. It rather sets forth criteria for
which to apply to the City, and allows the City the discretion to make decisions based
on individual circumstances, rather than try to develop a universal development code.
Urgency Ordinance
As requested by Councilman Antos, the City has prepared a draft ordinance that
would curtail the approval of additions to existing legal non - conforming structures.
This ordinance is authorized by Govemment Code Section 65858, and allows for the
• Page 4
introduction of an interim ordinance for up to 45 days to protect the general health,
safety, and welfare of the citizens. This ordinance would establish that future
additions and alterations to legal non - conforming residential structures may be in
conflict with contemplated changes to the City's Zoning Code. The Council also has
the power under Section 65858 to apply the interim ordinance to pending
applications and approvals, although the current draft of the proposed Ordinance
does not include such a provision.
Should the Council decide to put this urgency ordinance into effect, a four -fifths (4/5)
vote is required. The ordinance must contain 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, if
the Council passes the ordinance, it must issue a written report describing the
measures taken to alleviate the conditions that led to the adoption of the ordinance,
no later than 10 days prior to the expiration of the ordinance.
Further, pursuant to Section 65090 of the Govemment Code, the Council can extend
the ordinance, after a properly noticed public hearing, for up to 10 months and 15
days, and subsequently the Council may extend it for an additional year. The ,
decision to extend the ordinance must pass by a four -fifths (4/5) majority.
Issues of Concern
Should the Council move forward with the urgency ordinance, there are a number of
concems which staff has preliminarily noticed. First, if the intent of the Council is to
direct all non - conforming residential structures into conformance in the old town area,
there are many different ways of accomplishing this task. If there is a concem
regarding either of the 2 applications approved by the Planning Commission last -
Wednesday, Nov. 6 both of these applications are still appealable to the City
Council.
If either of these issues are of importance to the City Council, staff would suggest that
either or both of the recent approvals be appealed to the Council. Alternatively, the
Council may direct staff to schedule study sessions with the Planning Commission
and /or City Council regarding possible Zone Text Amendments to change the
allowable criteria under which a property owner could apply to the City for an
alteration, enlargement or expansion to their non- conforming residential structure.
If the Council wishes to halt all pending approvals that have not received building
permits and incurred substantial expenditures in reliance upon those building permits
to the extent that the property owner has obtained vested rights, and change the
code to not allow these types of additions in the future, staff has some concems.
First, staff would need to determine how many properties are "in the pipeline."
• Page 5
Second, there are a number of properties in the old town area that are non-
conforming due to post - construction code changes in density, setback and parking
requirements. If the City were to attempt to force them all into conformance with the
current density & parking requirements without allowing tandem parking, the City
would essentially be suggesting that all residential Tots in the old town area become
single family residential. The current density standard is 1 housing unit for each 2178
square feet of lot area. The typical lot is 25 x 117.5 feet. This is approximately 2937.5
square feet. Essentially, the only way someone could have legal conforming
multifamily apts. Is by acquiring multiple lots.
Further, disallowing expansions would effectively eliminate property improvements
over time. Properties that are non - conforming due to density and parking also have
the most value as they have rental income from the apartment units on the property.
If these properties are not allowed to improve, they will most likely remain in their
current state as long as possible. Given current market forces and the current market
rents being charged in Seal Beach, it does not make financial sense to acquire a
multifamily residential property, tear down the apt. units, and build a single family
house. Staffs concern here is that some provision be allowed for in the code to do
minor upgrades and maintenance, at a minimum.
Staff Recommendation
Staff recommends the Council direct staff to prepare a study session & draft Zone
Text Amendment with whatever direction the Council would like; and that those items
be placed on the next available Planning Commission agenda. If the Council is
concemed about an upsurge in applications under Section 28 -2407, it would be
appropriate to adopt the proposed urgency ordinance.
Mac Cummins
Associate Planner /Special Projects Manager
Attachments (2)
1. Section 28 -2407 of the City Zoning Code
2. Draft Urgency Ordinance (To be distributed at the Council meeting).
• Page 6
Planning Commission Recommendation re:
Elimination of Zoning Code provisions re:
Expansions and Additions to Legal Nonconforming Residential Structures
City Council Staff Report
Apri114, 2003
ATTACHMENT 4
•
ARTICLE 24, GENERAL PROVISIONS
CONDITIONS AND EXCEPTIONS;
NONCONFORMING BUILDINGS AND
USES, SECTIONS 28 -2400 THROUGH 28-
2408, CODE OF THE CITY OF SEAL BEACH
•
11 _
PC Recommendation Elinunation of Expansion Provisions CC Staff Report
Zoning
u
S 28-2400 28-'403.1
J
1 tic = . 24 G °n°_ral Provi c,,-,-_, Condi_i a
O "' and
Exceor- i ons, Nonconforming 2'11 1 Hi =s =nd US =s
S °' ==' 28- 2 4n0. Nonconforming Us= Lint • Othpr
a nonconforming use exists On any lot, no additional use may De
e:ta.li sh =d thereon unless such additional 11== is -
and, in addition, such additional use does not lncreasa the
nonconformity. (Ord. No. 948)
5 =ction 28 -2401. Time Limit on Abandoned Nonconforming Use.
If a nonconforming use is discontinued for a period of three
(3) consecutive months, such use shall be considered abandoned
and shall thereafter be used only in accordance with
regulations for the district and zone in which the property is
located. (Ord. No. 948)
Section 28 -2402. Removal of Nonconforming Bulldlnos or Change
in Status of Nonconforming Use. If any nonconforming building
is removed, every future use of the land on which the building
was located shall conform to the provisions of this chapter.
(Ord. No. 948)
Section 28 -2403. Provisions of This Article to Apply to
Nonconforming Use and Nonconforming Buildings Resulting From
Re classification. The provisions of this article shall apply
to buildings, lands and uses which hereafter become
nonconforming due to any reclassification of zones under this
chapter or any ordinance. (Ord. No. 948)
Sec 2403.1. F :ceOtions for Nonconforming Historic
Buildings.
A. A locally y recogni :ed historic building or structure may be
substantially preserved, renovated or rebuilt subject to
the issuance of a Conditional Use Permit.
. In reviewing the application for the historic building or
structure, P1arning Commission shall evaluate and make
= indincs on the following:
1. The local historic significance of the bnilding or
structure.
2. The existing architecture.
r. In approving a Historic Conditional Us = _ = -mit t h
Planning Commission may authorize such d= v1_ - ir. s from the
S_ =1 Bach Mun - -o= Cote _ =c= _ _O tr=5= h.
str - u and --- h .c S i = - .r. -,==
a-Urry - 51_x'^1 - _ - -• =T -_�.
S= al Co
.. Jcal L =.c. Clt_i n _
5 "8-'403. 5 28 -2405
1. 1 d=v1 =' on from the Seal Beach Mun_CiDal Cod =,
nec =ssary to Preserve the e' :ist1ng 5 - . urr_ura
a rchl t cur ; including bu = not 11 m- =d o -o i
,
bu engineering and fire.
2 . .P.1 n =eded agreements, contracts or conditions
between the owner or lessee and any public agency .
which ' - nvo 1 ve- said building or structu= ° a=?
executed to insure Compliance between all parties.
3 . Any other appropriate conditions deemed necessary to
=h ° approval of the application are r 11 i r=d
4. The waivers from Code must still r_nd=r the structure
safe and sound.
(Ord. No. 1101)
Section 28 -2404. Nonconforming Use of Land When No Structure
Involved. In any zone, the nonconforming use of land wherein
no structure is involved shall be abated within one year from
the date the ordinance codified herein becomes effective and
any further use of such land shall conform to the provisions of
this chapter. If the nonconforming use of land existing at the
time the ordinance codified herein takes effect is thereafter
discontinued for three consecutive months or more, any further
use of such land shall conform to the provisions of this
chapter. (Ord. No. 948)
Section 28- 7_405. commission May Determine Cond':ions for
Abatement.
(a) When any nonconforming condition e ;c its in any zone, other
than the nonconforming use Of land where no structure 1s
involved, =tie Planning Commission may, of =_= a public
he aring, fix a date upon which the nonconforming building
was established and determine conditions and time limits
for abatement.
(b) W!'1 =r _ a us= i s nonconforming only due to lack of a
- eau' _d discretionary permit, the proprietor of said use
=hall t = -net= said use C- apply for - =nd ob any and
all _=rem• . red di=r -+-a -ion =- y permits Within :1.. (0) months
of tin= =r = =.-r - v = date of the ordinance `^C' - - cod - -- =d t his
Darac:aoh or tie -r _ ?.
- v= date cf zn= c :dian c which
trade' the use nonconforming, W" .ichs =- -is la-r, un12ss
after a hearing the Planning Commi : o d=r=rmin=s th=r __
(Ord. No. 948. nrd. 1.-. _' -1 . C_. r,-. l'4)
Zoning
S 7 2-'406 I V . 8-2405
,S?cti cn '2-'405. Reconstruction of Dam -r=d Cr D= =rov d
_Nonccn'o__«-na BuI ld_ncs .
A. A nonconforming building damaged or de _ ro y =d t o =h=
extent of not more than fifty percent Of i is r =pi icemen=
cost immediately prior to its damage or d=_
on by
fire, explosion or other casualty Or art of God or the
public c enemy may be restored and the occupancy Or use of
such building or part thereof which exist-ad at the time of
such damage or destruction may be continued in th =_ same
manna_ which lawfully existed prior to such damage or
destruction.
P. A nonconforming residential building damaged or destroyed
to the extent of more than fifty percent of its
r= placement cost immediately prior to its damage or
destruction by fire, explosion or other casualty or act of
God or the public enemy may be restored and the occupancy
or use of such building may be continued as provided in '
this subsection.
1. Reconstruction Subject to Administrative Plan Review.
..Nonconforming residential buildings may be
"reconstructed pursuant to Administrative Plan Review
by the Director of Development Services subject to
the following:
(a) The minimum number of standard, open and
accessible covered parking spaces required by
this Chapter shall be provided.
(b) The minimum setback and height standards of this
Chapter shall be met.
(c) The number of units to be reconstructed shall be
the number of units legally existing at the time
of the building's partial destruction, or one
unit for each 950 square feet of lot area,
whichever is less.
(d) Lo_ the purpose_ of calcul a _i nr dens all
fractions of units shall be rounded to the next
highest whole number.
z. o_co = - ion Sub - iec = to Minn_ Plan :. vi w .
No-:confoT - min - _es_C =n =1 =1 i i r?, r. may _
- =co s e ruct° - d pursuant to a Corisen = ca1 nc.r 'La
review, s - J e L 1
E:ci =- ach ('�v ro,:
S 22 -2 S 23 -2406 ,
(a) A minimum of one standard, on and ar'r'=-- '
covered c rki_ g space shall b? provi ='ed for e ach
unit. tandem spaces e ::i =tin at the time o thA
build =n ' s partial destruction, sh_ l b_
r _const=uc t=_d, but Interior spa shall not 'be
counted in satisfying -he requirement o= oR_
space per unit. .
•
(b) The min-mum setback and height standards of this
Chapter shall be met for the zoning district in
which it is located.
(c) The number of units to be reconstructed shall be
the number of units legally existing at the time
of the building's partial destruction, or one
-
unit for each 950 square feet of lot area,
whichever is less.
(d) For the purpose of calculating density, all ,
Tractions of units shall be rounded to the next
highest whole number.
3. General Provisions. The following shall apply to the
reconstruction of nonconforming residential buildings
pursuant to Sections 8.1. and 8.2., above:
(a) No reconstruction may enlarge the habitable area
of a nonconforming residential building beyond
its pre - existing size, unless such enlargement
Complies with the provisions Of this Chapter.
(b) The number of units in a nonconforming
rsident -al building shall not be increased
unless such increase compiles with the
provisions of this Chapter aoolicabl_ to the
coning district in which im is located.
(c) The reconstruction of nonconforming residential
units measuring less than 500 sq'iArA _ -. shall •
be subject to the following findings by the
_ i inning Commission:
i. All units i s a nd rooms mAAr th minimums
= ab1 i -hey for resid -- - 1 occupanr
under the Uniform Building rode.
i i. = ease 1 = has 'me u -- 1 '' =r '
i =- - s sta . - = unit=, - - --
a a = - - - and - ocat -_ . O - =ce O:;
Zoning
S 22 -2406 S 22 -24.06
sit=, or the constrain - s 1 rios =d by parking
r and the e::t sound primary
structure.
r? i • s-r? ive plan review a l
(d) Any a n_=:_ �_ � r. aoo.o7 or 'minor
pl review ew anvt:rov . shall bFrome null and Void
i _ not exercised within one y==_ from the date
of such approval or ssuance, and the provisions
of Section 28 -2401 shall be applicable.
(e) ?.enlacement cost shall be determined by the -
Director of Development Services, using
valuation methods adopted by the Department of
Development Services. If the property owner
disputes the Director's determination,
replacement cost may be determined by a licensed
appraiser, selected and paid for by the property
owner, which appraiser shall be approved by the
Director. -
C. P_ nonconforming nonresidential building damaged or
destroyed to the extent of more than fifty percent of its
replacement cost immediately prior to its damage or
destruction by fire, explosion or other casualty or act of
God or the public enemy may be reconstructed subject to
consent calendar plan review in accordance with the
following criteria:
1. The property shall provide, at a minimum, the same
number of on -site barking Spaces as were previously
provided. The Planning Commission shall, on a case
by case basis, endeavor to increase the ratio of
parking to square footage, either by reducing the
square_ footage or by requiring additional onal n ng on-
site. In no case shall the square footage be reduced
by more than 25 percent.
7 . All setbacks and height re_str _ - ors _ cf this Chaster
shall be Inem for the .zoning district in which the
building is located.
D. The owner 0= any nonconforming building, whether
residential or nonresidential, may r =' - 'ua =_ an
administrative review to determine : its structural
integrity and the Legality of existing conditions and
improvements. Such revie'« shall be subject to fees as
established bv the Uniform ?" l i rc rode, and s _h_1 1
consist cf an internal and external i nsp ==ticn of the
5=2.1 Beach Ci=_ Cod=
S 23 -2406 S 23 -2406
Dev =1oDm =n= Sery i ces shall issue a s_ = __rnF_n ! _ of fl%^
which shall b= final and conc1'usjv= unless acD = = = to =h°
Pl anti - nc Commission. If the owner does not r =cu:st such a
r =vew, it shall be the owner's resoons - Di 1 i _y to
ES=ab11Sh tri= lawful existence of all conditions and
lmprov =ments i11 the Lours= of the r eco == r:uc= on process
This subsect - oil D provides a voluntary procedure which
shall not restrict the right of . any property owner to
obtain information contained in the City's public records
regarding the owner's noncon forming building without
making the re est provided hereunder.
E. The City Council may adopt alternative procedures for the
approval of the reconstruction of nonconforming buildings
in the event of a natural disaster causing widespread
damage to nonconforming buildings within the City.
F. Every person who on the lien date of any year was the
owner of, or had in such person's possession, or under
such person's control, any taxable improvement, which
improvement_ was thereafter destroyed without such person's
fault by fire or by any other means prior to July 31st of
that year and cannot be thereafter rebuilt because of a
zoning prohibition, may on or before such date as may be
prescribed by the county assessor, or by state law, make
application for the reassessment of such improvement and
deliver to the county assessor a written statement under
oath, accompanied by a certificate of a disinterested
competent person or authority showing the condition and
value, if any, of the improvement immediately after the
destruction, and the county assessor shall, on or before
October 31st of that year assess the improvement, or .
reassess it 1f it has already been c�_c�sed according to
the cdrdition and value immediately after the destruction
and upon such notice as it may fired to be proper the board
of supervisors of the county may, until November 30th of
that year eru =li any such assessment or r=assCSSm=nt.
The tai. r=7.= fixed for property on the roll on which the
improvement so assessed appears or the improvement so
reassessed appeared at the time of its origin= assessment
shall be applied r the amount o egg_ = 1 i ter^ =-ment or
reassessment determined in accordance w -_ tn= = p
hereof. In the event that the resulting =' - cu=e is l°
than the tax t_h ore computed, =r:= _a::_ aVE shall be
liable for tai: only for the lesser amou=r and the
diffe shall be cancelled. If =h tai :Dave- h =s
already paid the tart previously commL' -_ - , s'. ch di = s- te =
-all oe refunded to the taxpayer. The t•r•Jv1 -r = o viii-
s .sec -_Gn F are enacted Pursuant -o C= Gc v =i _
Cede S_ _ -_J, _^ J n7 T-o the
:zoning
S 7 8- 7 405 J S 28 -2407
such Sect 43007 have been cr. may ' cures =: sd r or .
r = aced by other p-ovis70ns of S =a __ Law, or to the
extent that the county assessor or the rio. -c of
supervisors may hav promulgated =ed or = ur0r = fl r .5
wt'.ich conflict with the provisions of this subsection 7 ,
Such provisions of State Law or suc.h p=omul:ated o= -
enacted procedures shall control. (Ord. No. 1255)
Section 28_2407. Enlarcements or Strut =oral =_1 .c=2tiUP_5 .O
Noncon ormino Residential Buildings and L's °s . Nonconforming
residential buildings may be enlarged or struc =orally altered
as provided in this section.
A. Permitted Tmprcvements.
1. Minor Structural Alterations and Tmnrovements to
nonconforming residential buildings and uses listed
as follows may be approved by the issuance of a
building permit:
(a) Skylights. .
,(b) Solar Systems.
(c) Additional windows.
(d) Decorative exterior improvements.
(e) Building maintenance.
(f) Adding or replacing utilities.
(g) Other minor structural alterations and
improvements similar to the foregoing, as
det_ =mined by the Planning Commi =_ =_ion.
2 . Minor Structural Al teratior:s , =n1=-cements or
Expansion-s to nonconforming residential buildings and
uses listed as follows may be approved by t :_
Planning Commilission pursuant to coo = =,.._ Lal=nd=r plan
revi
(a) Open roof dec }:S .
(b) Additional balconies and Dorc:?es (no= enclosed).
- (c) Roof additions over balconies and Porches.
Seal 7 2,= =C!i C1 _v ( -=+=
S 28 -2407 S 22 -2407
(1) Roof EavES Projecting five (5) feet into .
t he required rear yard s =tbcck: of P1 s ng
District 1, Residential Low Densiz Zon °.
(d) Additional exterior doors.
(E) Additional garages and carports, including
tandem g ==ages and carports.
(f) T- niterior wall modifications and remodeling which
involves removal Of or Structural alt °ration to
less than twenty -five percent (25%) of the
c =ructur S interior or walls . Such interior wall
modifications or remodeling may increase_ the
numner of bathrooms provided that the number
does not exceed the following bedroom /bathroom
ratio: one bath for each bedroom plus an
additional half -bath. The number of bedrooms,
as defined in Section 28 -210 of this chapter,
shall not be increased if the subject property
is nonconforming due to density or parking.
(g) Reduction in the number of units involving
removal or structural alteration to less than
fifty percent (50%) of the structures interior
walls.
(h) Minor enlargements or expansions.
(1) Single ramily Dwellings and Duplexes:
OnC time or cumulative minor structural
alterations or expansions which increase
the floor area under the 'Floor Ire= Ratio
standards of the appropriate zone less than
ten percent (10%) of the allowable floor
area if the subject pro;:.,artti meets the
minimum parking requirements; or a maximum
of 232 square feet per un up to a rraximum
f�
O. 576 square feet per property, i= the
subjeo - property is nonconforming du.= to
marking, subject to foie following:
•
( Additional bathrooms are U -:_
provided that the number _ =r unit dots not
exH=ed `.n'- following owing b =rOC t /bat' -r
%_ Om
-- r . one bath for _ =:'- Broom _: _S an
' -'-ter: =i h=1'-==7.:.
Zoning
Zoni_17
S 28 -2407 S 28 -2407
(b) The num:o r of bedrooms, a deli ! o' i n
Section 28 -210, may not be ':lc= =as =d" 1 ..!1
subject property is roncon=orming du= to
density or Park.ing.
( Enclosures of r al -on i es ...rd porches
shall constitute the add of h. ,i tall °
space.
(d) Such e_pansions and enlargements to
properties that are nonconforming d1e to
parking shall be permitted only if the
Planning Commission determines that all
feasible parking, given the availability
and location of space on the site or the
' constraints imposed by the e: :is_ting sound
primary structure, is provided.
(e) The provision of enclosed tandem
parking spaces may be utilized to comply '
with the required off- street parking
requirements, provided all required
setbacks are provided.
(Ord. No. 1274; Ord. No. 1361; Ord. No. 1416)
(2) Three (3) or More Units:
One time or cumulative minor structural
alterations or expansions which incr ease
the floor area less than ten percent (10%)
of the allowable f 1Oor area under the Floor
2 Ratio standards of the appropriate
zone if the subject prcoerty meets the
minimum parking reau r =_men =s ; or a maximum
of 144 square fee_ per unit up to a maximum
of 400 square feet per property, if:
(a) the subject tJr'cpe y is nonconforming
due to parking, and
(b) a minimum Of one (1) standard, open
and accessible covered p.rkinc sp =ce is
provided for each unit, subject to t ne
following:
( ? di -icn = b - -- oo r.s - - rm - ed
provided -• _ . the nu u=- o unit does
... E a1 Zeacn City Cod=
S '8- S 28 -2407
ratio. one bath for each b =G'=oor_n Plus an
additional half-bath.
(2) The num2oer of bedrooms, as d_fin d
-o
in Section 28 -210, may not be Inc= =as =d
if the subject property is nonconforming
du_ to density cr parking.
(3) Enclosures of balcon_i s and porches
shall constitute the addition of
habitable space.
(4) Such expansions and enlargements to
properties that are nonconforming due to
parking shall be permitted only if the
Planning Commission determines that all
feasible parking, given the availability
and location of space on the site or the
constraints imposed by the existing sound
primary structure, is provided.
(5) The provision of enclosed tandem
parking spaces may be utilized to comply
with the required off- street parking
requirements, provided all required
setbacks are provided_
(i) ' One -time or cumulative enlargements or
expansions of ten percent (10%) or more of the
-allowable_ floor area under the Floor Area Ratio
standards of the aopropriate _one to properties
that are nonconforming i ng only due to the use of
tandem parking when the required number of
spaces are provided and the recuired standard
spaces cannot be physically provided due to lot
width.
(j) Other minor structural alterations and
improvements similar to the forecoing, as
d° ain=d by the Planning Commission.
(Ofd. No. 1361)
3. Mcjc= S Alterations, Tnl are ;cm -= or
.:Danslo =s to nonconforming res bol= n_s and
uses listed _s follows may be aDD_ovad C'y -
=1a_: -ng Commiss - on pursuant to the at'ro'• =1 =
cond _ - O'1 usa Permit p_Cv1Ced '-n= all t n=
=r1 1r = -. = n _ = of tnis Cn =o__- _..- .n' - ._ ,
Zoning
S Z2 -2407 S S 22 -'407
�
the r- cu -- ed setback for E: :i. - - nr? 1 EGaI r!or.
conforming garages, carmorts and exterior stairways,
which shall comply with all aDDvl irab1a Cro'iisions of
the Uni form 3ui ldhng Cod= as mos r.Cer!Liz adoot=d by
the City, witn the exception of _he r = qti ira r_i s = ibe x- Y
are satisfied:
(a) One -time or cumulative enlargements and /or
exmans i ons of ten percent (10%) or more of the
allowable floor area under the Floor Ratio
standards of the appropriate pone.
(b) One -time or cumulative interior or wal l
modifications and remodeling which involves
removal of or structural alteration to greater
than twenty -five percent (25 %) of the
structures interior walls.
4. Major Structural Alterations, Enlargements or
Expansions to nonconforming residential buildings and
uses listed as follows may be approved by the
Planning Commission Pursuant to the approval of a
conditional use permit provided that all the
requirements of this Chapter excluding density and
parking are'satisfied. Provided the parcel is
nonconforming due to the use of tandem parking when
the required number of spaces are provided and the
required standard spaces Cannot be physically
Provided due to lot width:
(a) One -time or Cumulative enlargements and /or
expansions greater than ten percent (10 %) of the
allowable floor area.
(b) One -time or cumulative interior or wa l 1
modifications and remodeling which involves
removal of or structural alteration to greater
than fifty percent (30%) of the structures
interior walls.
s .
(c) Such expansions and enlargements shall be
permitted only if the :lane ,g Com_mison
determines that all _eae_' e Dar} :'_P_7 g En the
avail =b and t ocati on of SDEC on the site
or the constraints _mpos_d by the = __isting sound
oriiinar_ s : ructu-e _s Drr. rd_rl .
(Ord. No. 1315; Ord. No. 126 Ord. No. 1 ,6i)
Seal 3each City Code
S 23 -2407 S 22 -24.07
5. Structural Alterations, =r.lerc =m n = Or E: 7 xm=n=ions to
nonconforming residential buildings anri us =s whi rh
are nonconforming only by reason of li'iad=g,:Ar=
s?tbacks, including the recuir=d = = tback for e::lsi i n?
1 =gal, non-conforming garages, car and = rio
-s7airways may be approved by the D °=tor Of
D=velopmert Services, subject to the following:
(a) X11 enlargements or e ::mansions shall comply with
the minimum Yard dimensions for the _on= and
district in which the building ng or us= is
located.
(b) The existing nonconforming side_ yard setback
shall be no less than three (3) feet in width,
with the exception of existing legal non- '
conforming exterior stairways, which shall
comply with all applicable provisions of the
Uniform Building Code as most recently adopted
by the City, with the exception of the required
setback.
(c) The existing nonconforming front yard setback
shall deviate no more than ten percent (10%)
from the current minimum front setback.
(d) The existing nonconforming rear yard setback
shall deviate no more than ten percent (10%)
from the current minimum rear setback.
(Ord. No. 1274; Ord. No. 1315; Ord. No. 1361)
B. Procedure.
1. Con Calendar Plan Review - Anv person desiring to
apply for consent calendar plan review approval by
the Planning Commission pursuant to this section
shall submit an application, cation, -ecu =red plans and
OrOOert v OWfl ! iSt to t_1= Department of Development
Ser'vlces together with payment of the minor plan
review - -= 1 4 days prior to the Pla=n-. Cormaission
meezinQ Notice_ of eri applica tlon for consent
calenda plan review shall be riven to _11 o -'J- =- _y
owne and to all = Cdr' == =s within 100 - -_ - of the
e:: =- lcr boundaries of the Crop=- t :
. i -.roar .ion - r Mer=e. - =r-., =s inr aDc = -'u- - -
to Section 22- 24J7(-)(2)(n) or (.), Sect= -
(.)(3)(a) or (b) or, S = - - •cn :2-:.407()(4)(a) c_ (=')
Zoning
S 28 -'407 S 23-24.08
J
for any building di which was COnS t _ C pr to 1965,
shall request a Special i fl =s ti gaz�
On b of - r° su ' : _
property brio= to filing such an aJDlication.
T _ Building and Safety D2.vision afr=r t he
investigation request i s Trade and f :=s maid orrsuan:
to the Uniform °uildinc Code shall i nsp =ct the
subject Site and building, both int =rnall y and
externally, to determine the condi t i On. of the site
and budding, including but not lim_r_ = d to the
wiring, plumbing, structural i n' = g i' , roofing and
condition of the Walls, ceiling, floors and garage.
(Ord. No. 1192; Ord. No. 1361; Ord. No. 1397)
Section 28 -' -408. Nonconforming Non-residential Building and
Uses May Not Be Enlarged or Structurally Altered. No -
nonconforming nonresidential building may be enlarged or
structurally altered nor nonconforming use expanded unless such
enlargements, structural alterations or expansions make the '
building or use conforming, or unless this section specifically
provides for such enlargement, alteration or expansion.
A. Where' a building or buildings are nonconforming only by
reason of substandard yards or open spaces, the provisions
of this chapter prohibiting enlargements, structural
alterations or expansions shall not apply; provided that
any enlargements, structural alterations or expansions
shall not further reduce the size of required yards and
open spaces.
B. Commercial centers of twenty (20) acres or greater i size
Which are nonconforming only by reason of inadequate
landscaping may be structurally altered or enlarged
subject to the following provisions:
1. Commercial centers with seven (7) percent of its
total lot area devoted to landscaping may be enlarged
or structurally altered as provided by this chapter
With the issuance of a building oeri
'- Commercial centers With less than se ( )
.P. � n= z =i
cf its total lot area devoted to 1 =ndscaoing may be
enlarged or structurally - = =d _s orovi d =d by this
chapter only upon he approval a ccnd- tion_1 use
p ==mi =. Such condit u== per i = shall es=abl i sh
l andscs ' . _ = program indicating 7- 1 - '1 - :oce = °u=° and
s=vEn ( I ) Percent o= the _ _.. ___ ' 1
Seal Jacl. City Cod=
S 28 -24O8 S 2,3 -2403
commercial center, subseauer: _ s t c ru al r =r- = cns
and enlargements roar✓ be apc roved for tha= ce _ with
_h= issuance of a building Perm==, Drovid °d tn=t th
c=n = remains in compliance with th= trrs anc
conditicr.s of the condi icnai use =rmi .
a. Proc =dure: All appl'_car_io_ :s for a conditional
use Permit Tiled pursuant to the abov °
reau_retn nts shall be accompanied by th=
proposed landscape program and schedule and a
site plan of the entire shopping a=nt==, drawn
to scale and indicating, but not limited r the
following owing in formation :
i Lot dimensions
11. Location, size and total square footage_ of
all buildings and structures
iii. Location and number of parking spaces
iv. Pedestrian_, vehicular and service access
v. Common areas
vi. Location and square footage of e::isting
landscaping
b. Approval of Landscape Program: The Planning
Commission shall approve a proposed landscape
program if such program provides for the
installation of the required amount of
landscaping within a reasonable period of ti_rne
as determined by the Commission; taking into
consideration, among other factors, the total
lot area of the center, the number o' businesses
within the center, the e::ist? ng amount of
landscaping, and the cost to comply with the
landscaping requirements of this chapter.
(Car No. 1252)
C. `nh r _ build Or buildings located w_ thi n r - he Main
Street Soeci -_ 7l an area are nor onforrr._ng only by reason
of an _nedec are number of Parking spaces, r Drovi =1 n-
o= aria" - - prohibiting enlargements, s =ru=c tur = i
alteration or e: :roman =ion shell not apply, or o v _ d' _
. Zoning
S -2403 S 22 -24.08
1. r _ anal enlargements, , s =r =c =i' = a bons , or
e::Lans -on shall not further _ =duce th= e:.
niimb=r - co' parking spaces, and
2. new barking sacs sh.11 be suui l ;err to r == _ _ ?
p recuiremen=s for he tI enc° in building
area between the existing bu_1C_ng and new bu l d_ng,
and
3. n =w parking spaces she,11 be supplied to meet the
di- Terence in parking requirements for the existing
building between the prior use and the new use.
Where property owners cannot meet off- street parking
requir =ra=nts, permits may be granted if said owners
Instead pay an in-lieu parking fee pursuant to the
provisions of Section 28 -1257.
(Ord. No. 1406)
Report re: Expansion of Legal, Non - Conforming Residential Uses Moratorium
Planning Commission Staff Report
May 7, 2003
ATTACHMENT 2
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
Non-Conforming Residential Expansion Moratonum.PC 6
ORDINANCE NO. 4/95
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
ORDAIN AS FOLLOWS: •
Section 1. 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. The Planning Commission, this 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
nonconforming residential buildings and uses. Given the time required to undertake the
study and planning necessitated by the proliferation of applications, the City Council
finds that it is necessary that this interim ordinance be adopted, 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.
Z.\My Documents \ORD \Nonconforming Expansion Interim Ord doc \LW\04 -15 -03
•
Section 2. 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 use 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 3. This Ordinance shall expire forty-five (45) days after the date of
adoption unless extended by the City Council, at a regularly noticed public hearing,
pursuant to California Govemment Code Section 65858. The City Council hereby directs
the City Clerk to notice a public hearing to consider extending this interim ordinance for
May 12, 2003.
Section 4. 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 the prohibition
hereby, may have a significant effect on the environment, because the prohibition 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 5. 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
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 6. 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. 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.
Section 8. This Ordinance shall be adopted by four -fifths (4/5) vote of the City
Council and shall be effective immediately upon such vote.
Section 9. 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 Cou1 of the City of Seal
Bea at a, eeting thereof held on the day of
2003.
Mayor
Attest:
-
C' Cle
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 h eby 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 C er and Government C Section 65858, at a
meeting held on the / day of ( 4.V, , 2003
by the following vote:
/
AYES: Councilmemb - - ,., A_,_, 4 1 /�, , 4.40% _al •
7 • v es. : 77 1 . _
NOES: Councilmember- ',-
ABSENT: Councilmembers -• ,
ABSTAIN: Councilmembers '
and do • ereby further certify that Ordinance Number 9 ?has been published
purs . s t to e Seal T each City Charter and Resolution Number 2836.
/,1 - 0 _,
City ' le