HomeMy WebLinkAboutCC AG PKT 2003-04-14 #DD AGENDA REPORT 0,
DATE Apnl 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 Dunng 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 5
C \Documents and Settings \LWhittenberg\My Documents \NONCONF\PC Recommendation Elimination of Expansion Pro ions CC
Staff Report doc \LW\04 0i 03
Planning Comnusszon Recommendation re
Elimination of Zoning Code pi ovisions re
Expansions and Additions to Legal Nonconforming Residential Structui es
City Council Staff Report
Apr 11 14 2003
preparation of the necessary Zone Text Amendment for consideration by the Planning
Commission and City Council The time penod to complete the necessary staff reports
and to complete the required public heanngs before the Planning Commission and the
City Council and adoption of any ordinance determined appropnate by the City Council,
given the current work load of the Planning Depaiinient 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 appropnate staff reports and the required public
hearings before the Planning Commission and City Council A "draft" intenm 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 Intenm
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 Dunng the
Pendency of the City's Review and Adoption of Relevant Peimanent Zoning Regulations
and Declaring The Urgency Thereof
PC Recommendation Elimination of Expansion Pmvisions 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 l4 2003
NOTED A 1 ,APPROVE
— " / 1111. V
,,
1
/i 0i��
/e Whittenberg - John Bit ahorski
D irector of Development Servi - s City Imager
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 pt ovisions re
Expansions and Additions to Legal Nonconforming Residential Structures
Citv Council Staff Report
Aprt114 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 penod
of time to consider and study legally appropnate 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 intenm 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 intenm The City Council has the authority
to adopt an intenm 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 \LWhittenbeig \My Documents \ORD \Nonconloiming Expansion Intenm Ord doc \LW \04 15 03
Inter tm 01 durance No
Enlargements and Expansions of Legal
Non Confoi ming Residential So trctur es
Apr rl I4 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 dunng the teen 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 heanng,
pursuant to California Government Code Section 65858 The City Council hereby directs
the City Clerk to notice a public heanng 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 piovisions of law
Section 7 Severabihty 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
Nonconfonning Expansion Intel m Old 2
Liter im Or drnance No
Enlargements and Expansions of Legal
Non Con_for ruing Residential Sti actin es
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
Nonconforming Expansion Interim Ord 3
Intel un 07 drnance No
Enlargements and Expansions of Legal
Non Confoi muzg Residential Sti uctui es
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
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
Nonconforming Expansion Inteuin Old 4
Planning Commission Recommendation re
Elimination of Zoning Code provisions re
Expansions and Additions to Legal Nonconforming Residential Structures
City Council Staff Repot t
Aprill4 2003
ATTACHMENT 2
PLANNING COMMISSION MINUTE EXCERPT OF
MARCH 5, 2003
9
PC Recommendation Elimination of Expansion Provisions CC Staff Report
C ry of Seal 3eac °lannrnc Cornrnrc
Meeting Minute., or Mar 5 2005
1 Mr Wnit enoerg advised that these ac tonight al e only recommenoauions and there
will be iuture public neanngs scnedulea with The City Council and all property owners
3 and all residents and tenants within a 300 -soot radius will receive notice or these future
City Council hearings He cautioned Lnat one CCC would oe very resistant Lo restricting
5 overnight parking
6
7 Commissioner Sharp staled that althougn ne strongiy sympatni :ed with the parking
c problems ne would vote against his motion strictly because the PC would be asking
9 Starr Lo do something that will lead them Lo buck , heir heads against the wall with the
10 Coas al Commission He said that he reels it woulc be asking the City to soend money
11 rhat it doesn L need Lo spend
12
13 Commissioner Ladner commenced that based on what the Director of Development
1 ^ — Services has said the CCC would ooject to restrictions on overnignt parking so he
15 would strike this par ol his recommendation but he sell believes there should be a Lime
16 limited green zone for the commercial uses Mr Whircenberg reminded the PC that they
17 are discussing an issue that technically they have no junsdicuon to change He
18 suggested that any recommendation to City Council be kept as general in nature as
19 possible
20
21 Commissioner Demon stated that although she is aware that this issue has been
22 extensively studied she believes it deserves rurther review Sne noted that this street
23 appears to be very congested and she is surprised that the curb -Lo -curb width is the
2 t same as Main Street as currently it almost seems dangerous in some places She said
25 that parking in this area deserves another look to make sure that it is working
26
27 MOTION by Ladner SECOND by Deaton Lo request that City Council autnonze City
28 Engineering Stan to review potential oarking restnctions on Seal Beach Boulevard from
29 the area or Electric Avenue to Pacific Coast Highway
30
31 MOTION CARRIED 4 — 0 — 1
32 AYES Hood, Deaton, Ladner, and Shanks
33 NOES Sharp
34 ABSENT None
35
36
37 SCHEDULED MATTERS
38 c
39 6 STUDY SESSION Addition and Expansion Standards for Non - Conforming
CO Residential Uses
2 Stan Report
A-
z1A Mr Whi tenoera stared tnat because this is a study session item tnere would be no
- -5 recommendations mace by SI a7 He said that an additional &air Report was prepared
^6 based upon direction given to Stair at one PC meeting of February 5 2003 He noted
C tv or Seal Eeaci ='annrnc Comr-ussior
Meeting M,ri rtes c,1 I'vrarr'i o _003
1
1 InaL puolic comment or questions could be received and at the end o, she siucv session
the PC could make a determination or direct Starr es to how rhev wisn to proceed He
then provided some background Inrormation and explained that the main ouroose was
io review current standards for Individuals wanting to expand livaole space at an
existing legal nonconiorming structure He noted that the City has a two -tier process ioi
expansions to one- and two -unit nonconrorming residential projects that under a Minor
Plan Peview (MPR) process allows additions up to a certain amount or square f eet and
anything over that square footage requires a Conditional Use Per (CUP) He sad
that there are specific Ordinance requirements in those sections of the Code that as
part oi reviewing these expansions requires the PC to make certain findings as to
wneLher or not the project is consistent with the General Plan (GP) He stated that
separate criteria with dir erenl size limitations exist Tor 2 -unit and larger projects Tne
Director of Development Services noted that at the last study session the PC asked
Slats to look Into the second step process for the CUP to attempt to develop additional
criteria that would encourage people to increase the number or parking soaces on their
properties that are currently substandard ror parking He staled that the supplemental
Starr Report outlines the 2 -step process for the CUP that would place a size limitation
on the square ioolage allowable Ir a multi- family project does not provide at least 1 5
1 parking spaces per unit He said that currently the only criterion the City has regarding
parking spaces is that ir the project is to be over a certain amount of square reet it is
suoject 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 or
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 ir they can provide 1 5 soaces or more per unit they could
ask ror whatever they wanted and it would be up to the PC to determine what would be
aooroonate Commissioner Deaton then clarified that if the property owner cnose not to
add more parking then a cap of 216 square peel per unit uo to the maximum or 600
square feel would apply and Tor SFP,s and duplexes the cap would be 432 per unit and
264 square feel per property
Public Comment Period
Cnairperson Hood opened the puolic comment period
Ms Jern Wes snared the Following recommenda ions for oo enlial amendments to
Section 28-2407
1 Eliminate tne need ror a Conditional Use Permit (CUP) TO residential
nonconlorming oroperty additions
2 Discard any new idea ror 1 5 orr street parking spaces per unit under any
conditions or circumstances Keep tne current recuirement o, 2 soaces oar unit
C t✓ or Seal Eeac Planninc Cor riscron
Meeting Minutes oI Marc 5 2003
3 Keep Lhe Code as is with rest Lo duplexes and single - gamily residence
2 aaaiLions
3 IT 3 or more units allow no additions L0 Lhese IT Lhey are on a 25 or "30 -Io0L lot
A unless they can meet the 2 -space per unit parking requirement
5 5 Allow no expansion to 5 or more unlLs unless parking requirements oi 2 parking
6 spaces per unit are provided
7 Ms VV:.st ended oy sLauing Lhat Lo inccrporaie these requirements would prevent having
8 Lo take up Lime 'est,riing beiore the PC and naving to pay Tees to appeal decisions
9 mace oy the PC
10
11 Mr Roger West stayed LhaL this study session was unnecessary and creates
12 unnecessary expense He said Lhat requiring Lhe CUP process Tor expansions or
13 addmons to nonconforming residential property wastes taxpayers money He sLaLed
14 that counTiess hours and money are wasted by the Planning Department in attempting
15 io help an opportunlsL who buys into Seal Beach and wants Lo exploit it Tor profit He
16 nosed Lhat he esumaLes that the 8 -page report oreparad for this meeting cost the CiLy
17 $2 000 per page He said this is nonsense in lighL o, the City s current financial
18 situation He said it would be best to stop squandering the City s money by eliminauing
19 the need to undergo the CUP process or additions to nonconforming structures
20
21 Mr Jim Caviola slated that he has lived in Seal Beach Tor 24 years and it bothers him
22 that within the last 5 years zoning in the City is being changed so frequently He said
23 that property owners must be able to rely on their property rignLs and he is concerned
24 that zoning is being played with He noted that phis is because of the property values
25 He said that within 200 feet of his property there are 5 illegal units Mr Caviola noted
26 that this creases an overtaxing of electrical systems and sewer systems He said that
27 usually the landlords don t even live in Lhis community and he is tired of spending Lime
28 projecting nis property He stated that use of the CUP process circumvents his rights
29 as a property owner He commented tnat CUPs are Tor someone wanting Lo have a
30 band in a restaurant but the PC is using CUPs to allow permanent structures on
31 nonconforming buildings LhaL will never meeL Code requirements He said that when he
32 built both oi his homes Lhey had to oe engineered and meet all safely codes He noted
33 that none or the homes in his neighbornood meeL these standards He said he is tired
3 ^ - of the City changing the rules and he is asking that the CUP orocess be eliminated
35 altogether He stated there is no reason to make an addition to a nonconforming
36 pudding and IT Lhey wish Lo do so the building snould be orougnt up to Code
37
38 Mr Chi Kredell sLaLed that ever since she 1980s when City Council approved converting
39 25 -poor loss from duplexes to SFRs the Core has been watered down He asked why
^ ^ -0 she Commissioners peel Lhat they know more Lnan the people who live in Old Town
41 when they do not have 'he same wpe oi climaLe He stayed LhaL the CUP does not
c2 benefit anyone and ail IT does is add density He noted that more and more he hears
J.3 about requests Lo exceed the nelghL limit oy greater heignLs He asked why SLarT keeps
4 ^- nibbling aL'he development sLandaros He said ghat residents or Old Town co not want
^ ^ -5 more density and he ecommended eliminauing CUPs and char no Variances oe granLed
46 wiLhout proof oi hardship
at/ of meal =earn `I'ranninc Cor7r tss on
Mee ing Minutes or 'lard :1 2003
Ms Joyce Pardue stated ihat evey time a new law Is made IT creates more peperNor\
and more expense She said Star neecs to generate paperwork in order io keep their
boos She staled that IT the guidelines are made very simple then Stan could not use a
CUD a Variance Sne commented 'hat regarding parking the City is already In couple
with the Call omla Coastal Commission (CCC) oecause of the things IL has not done
properly Ms Pardue stated Lnat the Cry has no. complied with tne peoole s desire io
keep ine gown low density She said tnat 2 parking soacas per unit should oe required
Tor any additions or e (pensions
Mr Chi Kreaell sta ed that when cons.ructlon OT one SFR on 25- 001 lots was approved
Starr said tnat no one would build one SFR on tnese lots He noted that the first year
aver aoproval 18 SFRs were constructed on 25 -fool lots He said that many developer
reported that more money was made on SFRs , han 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 nonconrorming
structures within the City
There being no one else wishing to speak Chairperson Hood closed the public hearing
l
/ Commissioner Comments
Chairperson Hood reviewed tne recommended options as listed on Page 5 -8 of the
Supplemental Staff Report dated March 5 2003
Commissioner Deacon stated that all of the testimony recommends elimination of the
CUP process altogether She said that when she served as a Planning Commissioner
Tor Fountain Valley tne CUP was designed as somelning that could be Laken 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 Laken away
la' er She said that she is pothered by the Idea or not allowing any work to oe done io
nonconforming units She noted that renovation inside o, these buildings should
continue to be allowed She asked it the PC is looking at illegal nonconforming and /or
legal nonconlorming structures and she requested clarification on what ihe alfrerence is
oerween these definitions Mr Whitlenberg stated that the sections or the Code rere' to
legal nonconforming structures as structures that were built with ouilding permits and
when tney were built met whatever the development standards were a. that Lime He
said that suosequent changes to City standards curing the 1980s related to density
j
setoacks parking etc caused these structures to be classmed as legal nonconrorming
1 uses He explained that illegal nonconlorming uses are those tnat were ouilt witnout
applying for building permlis rrom the City and violations or this kind are usually
addressed .hrougn tne Code Enrorcemenl process He said tnat Lne process being
discussed tonight does not apply to anyone that has illegally converted a structure He
explained Ina. tne CUP process for expansions ro nonconforming residential structures
has been in place in Seal Bsacn since 197-1 under the provisions oi an ordnance
City or Seal Leacn lannrro Cor'inrs, on
Meeting AAinutes or Ma cn 2000
1 adooted at that time wnicn allowed very very limited additions or expansion He said
2 that over the years the PC and CC in dealing with issues in town have in their decision -
3 making processes come to Lhe decision to cnange ordinances and modify tnem to Lhe
point at whicn they are ioday He stated that the CC heard a for o, criticism 01 the
5 process and or the procedures thaL are now in place as par ol the 1210 Electric Avenue
6 process Tnis is wny the CC nas asked the PC o revisit these issues once again He
7 emphasized that any cnanges to a law or the City the' impacts how a cevelooment can
8 be ouilt on a piece or property is not sometning thaL is determined by Starr alone He
9 explained That there is an ordinance that is ultimately adopted by CC and Starr enforces
10 and implements that ordnance and people have the right to come in submit an
11 application IT tne Cr\/ s ordinances allow or tnis He statea the what happens after tnis
12 is a decision process at the PC and CC level He observed thaL people don t like the
13 decisions tnat are currently being made and the exTent Tor what people can apply and
1 that the issue be ore the PC tonignL He noted that as stated during the public
15 comments most cries do not allow expansions OT nonconforming structures period
16 Commissioner Deacon asked the Director or Development Services LO expand on what
17 the potential problems with this type or a prohibition might oe Mr Whittenberg stated
13 that as far as interior remodels or upgrades on nonconforming structures are
19 concerned the City already allows this All residents have to do is apply Tor the building
20 permits He said that projects to expand or add additional living space to a unit must
21 come belore the PC He indicated thaL since 197 the size of the expansions able to be
22 considered by both tne PC and CC have increased which he believes is more of a
23 reelection of private individuals coming before the City and making a case to change the
24 laws He said that from Staffs standpoint if the PC were to decide that no more
25 expansions are to be allowed it would make the City s workload very dirTerent and
26 would allow Staff more time to work on other projects He said that Starr is not bound to
27 state that this is the best process in the world but when PC and the CC ask for Staffs
28 opinion for how best to deal with an issue Starr is bound to provide the best advice
29 possiple He said that or the most part cities that do allow some corm of expansions
30 are cities that have an older residential base constructed in the 1920s 1930s or 19
31 and provides multi - ramify housing that under their current laws could not otnerwise be
32 provided He noted that in this town it is important to maintain this type or housing in
33 some manner He commented on the opposing opinions or wheLher Seal Beach should
3^ oe a homogenous community 01 strictly single- family residences or whether multi- family
35 housing snould be included He noted that many new developments throughout
36 Southern Calirornia do include condominiums aoartment buildings and townhouses
37 Commissioner Deacon stated that nee door to her home is a duplex that her neighoor
38 has beautirully renovated Sne asked IT the PC were to consider the elimination or any
39 expansions or additions to legal nonconforming structures would property owners be
able to do what her neignoor nas done? Mr WhitLenberg riteraiea tnat IT no additional
1 living space is , o be added to legal nonconforming structures renovations are
^ 2 permissible by simply applying nor Lhe approonaie ouilding permits Commissioner
A3 Deacon induired aoout wheLher a rooi deck would be permissiole Mr Whitienberg
AA stated that a roo deck would not increase habitaole living space but should it exceed
the neight limit ne person would have to apply for a Heignt Variation (HV) He noted
City or Seal £eac = 'arn,ng Commrss/on
�1c rig N11 or Vfarcn 2CO3
L lat this would oe a seoaraLe CaLegOry Trom e <pansions /aoditions LO legal
nonconrorminc structures
� v
Commissioner Snanks stated that with regard Lo CUPs one reason some 01 Tits has not
been all negative is that one OT one requirements Tor someone adding square footage Is
haL they onng their electrical and plumping UD to current building and saie"y code
standards
Commissioner Sharp asked how many oi the properties on Manna Hill are contorming
Mr Wnizi enberg stated that a number or the properties constructed on the Hill nave
garages theL were less in square tooLage tnan the Code required at that point out were
somehow aooroved He surmised that approximately 98 -99 oercent ot every residenrial
area in town is generally made up of contormng structures except Tor those properties
between PaciTic Coast Highway (PCH) to Lhe ocean He said this is primarily an issue
in Old Town and Surrside Commissioner Sharp asked IT the properties on Marina Hill
are nonconforming would eliminating all expansions arrest these homes Mr
Whittenberg staled that it would not because there is already language in Lhe Code than
addresses the issue of garage size in that area and recognizes those as being legal
size garages for pudding permit purposes
MOTION by Deaton SECOND by Shanks to recommend tnat City Council consider
elimination of the provisions allowing ror 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 Whittenoerg noted that S a7 would prepare a report for a Tuture City Council agenda
with the Planning Commission s recommendation He said that aL tnat point Stan would
request authonzaLion to begin a Zone Text Amendment (ZTA) process to amend the
Code Lo reflect the recommenda ion or the PC assuming CC wishes Lo proceed in this
manner
STAFF CONCERNS
Mr Whittenberg reposed that he would not be in attendance at the March 19 2003
meeting
COMMISSION CONCERNS
Commissioner Snanks reauested that the status memorandum regarding 1110 Electnc
Avenue be provided Lo Mr Warren Morton
Planning Commission Recommendation re
Elimination of Zoning Code pt ovtsions r e
Expansions and Additions to Legal Nonconforming Residential Structures
City Council Staff Report
Aprtll4 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
City7of Seal Beach
Memo
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 pnmanly 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 extenor 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 intenor
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 bnef 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 intenor 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 intenor 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 cntena provided for in Section 28 -2407,
the Planning Commission has approved the requests A bnef recap of recent year s
applications
2002
• CUP 02-4 B -106 Surfside
• CUP 02 -13 13912 St
• CUP 02 -15 '226 4 St
• CUP 02 -16 1210 Electnc
2001
• MPR 01 -1 515 Ocean Ave
• MPR 01 -3 1101 Seal Way
• MPR 01-4 809 Ocean Ave #3
• CUP 01-4 1110 Electnc Ave
• CUP 01 -7 320 Central Ave
2000
• MPR 00 -3 24117 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 Electnc 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 ments 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
integnty 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
critena, that a project MUST be approved It merely sets forth minimum cntena 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 cntena 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 authonzed by Govemment Code Section 65858, and allows for the
• Page 4
introduction of an intenm 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, vanances 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 wntten report descnbing the
measures taken to alleviate the conditions that led to the adoption of the ordinance,
no later than 10 days pnor 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 heanng, 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 cntena 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 nghts, and change the
code to not allow these types of additions in the future, staff has some concerns
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 acquinng 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
concerned about an upsurge in applications under Section 28 -2407 it would be
appropnate 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 distnbuted at the Council meeting)
• Page 6
Planning Commission Recommendation to
Elimination of Zoning Code provisions re
Expansions and Additions to Legal Nonconforming Residential Structures
City Council Staff Report
April 14 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 Elimination of Expansion Provisions CC Staff Report
S 23-2100 S -
-'
C = = -S PrOi_s_- s, Ca ^r- - _
-'Ons ciZC
- , c=at_on =, Norco- form_'C __lc_ - -5 cnC rJ ==S
�''- - -C- 22- 71(lil Ago -_ Jr-n_, ruse - _ - w-ii=
'O co -O- a_ use e _ --s or any lot, n0 a__._-_0 - al use may oe
e __a l l s _o t - ereo- L less suc- aac1 __onai 15= i= COP =0711 -
ana, _n aca_t_.On, S_Crl aca_- -o - al use does - on_ = tne
nonco or - ___ (Orc No 5 1 .2)
S °CL_on '3- T_me L_717. 07 TDaido e.". Norco-o--p_- C Use
T= ronco corm_ - lo use 1s disco - tinue Q for a aer_od of LPree
(3) CO'LSeC1t_ve rnOnons, sucr use snail D= considered aba =_a
and s - a1 l t ierea=ter De Ls =1 Only -n a000rcarlc9 Jltrl
regulatl0 -s for the a_st_1C_ a -on_ _n wr_CP one :roae_-y is
locate° (Ora No 9 8 )
c9Ctloni 2P -2102 'eT10Ja1 of NOT"ICOP =0ri11T1C 3u11d_nas or Cnange
in Status 0= Nonconforming use If a no Icon = or - n1ng bu_1d_nig
_s reilovea, every future use of tne la On 4rnicrl tl"e builaing
was located snail conform to tne p:Ov_s_ons of tnls chapter
(Ora No °^ -2)
Section 22 -2 Provis_ons of Tnis Tr_ic 1 e to apply to
Nonconform_ra Use aro Nonconforming 3u_idi - qs 'Pesultino 7rom
'ec1asSi icatlon Tn9 Dr0J15_OPS of this article snail apply
to bui1d_'7C5 , 1a'1as and uses Wl'11cP hereafter Deco me
noncofor - r_`1g cue to any rec1assl =ica on of :ones under tnis
c "hater or an Y ord_n anC°_ (Ora No 9 1 3 )
S-rt_on 2 1 E C9Ot10'S for NOnCOnfor i - c i s _Orl C
3ulld_Pg5
= 1oca11,7 r = COCn1 =eC PlS0OriC Du_lc_nC or structure may De
SL05ta't_allti 0re5=-rv90, -e1Ovatca or reou_lt sLD3ect to
^_ 1 Ssua - ce 0= a COPa_t_oL'a1 use Per - nit
T-1 r°_v_=_vr_nC tn= `D-11 1 C 9 t_ 0n - tn19 h 1 sto - ou_ I d„_n- Or
s=ruc L_e, t: = 7 a - n _ rC Comn_ss_O- S 71 a 1 1 avclu?t= no m a l e -_-ld_ CS O t''=
Tne local n_sto-lc 5 -. - :_ca - ce of t DL11d_nC or
2 T -e e , ro - _oeczure
C - =_J..ro _;l.
J inG a - _J-ic Co _ _
0_o � e r 1lt _1 U=- 1 ___
� _ - , _
?1a _nC Coen_ = = _Cr o o- - - =urn Cev- =t_Ons -0--1 tn-
Seal =� = = -n MLn _ Coce =Ces5 =ry =0 -
s-_1 __L__ _ -^_ - r=1 - r _
-- _ .....__ -. __�, - 77 � 0 -_
-
90JrO _ -_ _ = -
III nn
Seal 5.eacn C_t, Coo=
S 5 2° -2
1 ` -I Ce from t - _ Sea! Eeaon wu _c o= Coce,
necessary to =s=- e -n °- _ _..5 t_i o = t-u--_r
arc _tectL: =, _ric1_C_no DLL 707. 1 17 1 - 7_C
c__lc_nr, eng_ , arc -__-
2 =1l ee:ea agreements, contracts or :onr_t_0
Detgee t __ or lessee a_C , DL:l_-
wn1C'7 involves Saud DC11 cing or S_=ctuo _-
e ec teo to 1i s 1r= COPD11a' Ce Cetw = =n all pa_ -_e5
3 otter aDc :opr_S-e cond_t_o -s Ce @Tez necessary to
t - e a0000v al o= n= aoo1_cat_o - ' are r r 1 =
d T e wavers from Coo must St_ 11 r eic _ r t r act_re
safe anc sounc
(Ord No 1!01)
S 28 -2 Norconforr o Use of Lana Wren TJo Structure
Irivo1 eo In an :one, the rorconfor - 11nC use of !arc w Inere_rl
no structure 1s 1nvolveo s De aDateo w_t -1'1 one year from
t''ie oat= the o: _ Ianc°_ codl =leu herein Dcc0Tes of =ect_Le aT10
any further use of such lance small corforn to t - e orov151ons of
this cnaoter If tn=_ nonconforming use of land e 1st1ng at the
time the ordinance codified nerel_ ta' ees ° =r' is tnereafter
a1scono riued for tnree consecutive months or more, any furtr =_r
use of suc i land snail conform to trle Drovlsloi S of tnls
cnaDter (Ore No 9
Sect_o 28 -2 CoT 1ss_on may Deter - l_ - =_ Conolt_cns for
cat =_' =n
(a) j^lnerl an/ no co for - n_n; COnd10_O_ e 15tS in any =one, Otner
tf arl the ronconforming use of Zang were structure _s
1nvOly °C, the ?la_n_r1Q COium_SS1Cn -- Lay, a_ -e_ = D'_Dl_C
'lear_ng, f_' a date uDOn win_cn the ''0 'COr =00T_n; DL'
was estaolis - e: a - d ceter'n_'e con0._-10 - s ano t_:1= 1_m_t5
for aoatene - t
(D) 6vne :e a use _s - oncon= orm_"g Only Cue to 1ac o: a
:eru_reo C1Sc: oio -ary D=_i'_-, -ne oroD_ -etc- o- 5a -`- use
Snell e: _na e 5 =_� LS=_ 00 a'ro1 v for 1 o: t� v =
all _-c'__ =z d_scret10 __y - --m_-s w _ - n ' _ s_? ( 5 ) c _ S
of - c. - = C of '-ne cro_ - - ce w -- coo_f_eo -
- _acratn or t - eve Ca-- of one crc_nance w _Cn
p t he use no-co-:or-_-g, w -C - eve- 1s 1 = -, u-less
a -'-e- a =a- t = la -_-; Cor11ss_O ( "="7_=.77_ -=S -�=- _
c___ --e t time 1_'_t :or GJa -= L_ - __ _ctr.pD_ - -
(Cr0 1, 4o 9 Oro ,_1 Cr: 'N- -
( " - -_ / J - 7 0
:o
S 22-2 a 22 -7
°Ct1c"1 7 ? -= =econ5 truc -_on of Da'Zace• Cr D= Stroveci
TVcnco - c
= -o or - 1_nc camagea or cestro ec to 7.
elteit or not - ore tnarl Descent O
cost _nrec_ately Prior to _ts ca_ or Q =S-_t1C-_cn Dv
fire, e DLOS1on or other casualty or act o= Coa cr t - e
Dutl_C e le_ Tay De_ restore, and —c—_ occllp= - C J cr u== C
sucn ,g Or part tnereo= Wn1Cr e_ _Seed at -n= t_me- of
s_CP _a Or aastrLctlon ma,/ De CO'1t1r1Let _n the sa
- la - 're_ w - _Cn lawfully e _Stec prior to Su: ca-sage or
G °Struc _on
nonoon:or reslGent_al Da_ld_ng damaged or destroyec
to the eNteent of more t 11=tw Derce_nt of its
replacement cost lmrned_atel! prior to its damage or
destruct_on by f_re, e1Dlosloi or other casualty or act of
Coal or the puo_1C enemy :lay De restore_, and the occuDarcy
or use of suCr1 Dullolrg rnav De cont1T1Lec as pro ✓ 1Qeo in
this s _bsection
'econstnnct1on Subi cz to aan1nistra \ie Plat ?ev_ew
Noncor5o rn1rg re51centlal DL11Q1ngs ma De
reconstructed pursuant to acminlstrati Plan ev1a
D7 tze Director of De eloome - t Services subject to
tri e = ollow_ng
(a) The m_nlmum numDer of staidarc, open and
accessible covered Parking spaces reculreo by
t Chapter sn e Drov_ced r
(b) Tile - 1_ setDac and =_Qnt stanaares of tn_s
C shall De met
(c) Tie nt_-rber of units to De reconstructed' shall De
tre nLmoer of t- 1LS lecal1 existing at t time
o' bL11Q_n'; s paot_aJ Qes_-_C__o -, cr O e
or each 550 sC,?t_ =- _ feet o= area,
whichever '_5 lass
(d) :or toe purposee of ca l r- 1 I =t -7 r^e - all
--=c _ons o' shall De rouncec to -n_ e -
- _Chest w - ole n_rnre-
- Co -r.l :t1on Sib ect to M_ o- =Ian
?e:_ -
No oo r or `_ -g 0 = n - = 1 I n - 7s 'iay De
reco tr_Ctec DLrs,_ant to a co-s=-)7 sale - oar Dla
r =v _ ew = _Dject to t -e
c=a_ == =r- C_t Co D=
20-2d06 n 2:;-2
(a) , T_1'1T_7 0= one sta"'Carc, open a - a aocess_D i e
COve_ea :mar' __7 space s - ail be Drov_Cea for e=:'1
u - _t Ta - Coil soaoes a _st1 is at tre t_ c ti e
Du_la_n a S o =rt_a 1 CeStruCt1D" s r =1 1 r,e
reconstructec, Dut _nteric= sacs a'1 -O =
cointea _n satisf _ g - ie _ec_1_e rle t O= o - e
space per un_t
( T}-C - t_ - 1 IlL setDac ana f e_:}' - stancares o tn_s
C - aD-__ sPall De Tet for ire =J C1 =tr1Ct 17
wr__ it _s located
(c) Tre 1u c= Ln_ts to be _ecorlstructea s`al l De
t ie ThTilDe of un_ts legally e 1st' rig at tre t_rne
of tre Du_laing s partial Cestrlctlon, Or one
ur__ for eacn 950 scuare feet of lot area,
wrlc'ever _s less
(d) For the purpose of calculating Cers_t1 , all
= ract_ons of url_ts shall De rOUnCea to the ie t
hi; whole rurLDer
3 General Protilslors The zollolnc snail apply to the
reconstruction of no icon= orT1r1g resicentlal Du11d1ngs
pursuant to Sections 3 1 and 3 2 , aDove
(a) No reconstruct_orl may enlarge the haoltaole area
of a rorcor=orw1i; _es_dentlal DL11C1nc beyond
its pre -e'- lsting s1:°_, unless such enlargement
co tf e Dr'ov_s_o - ls of =hies Crapt °_r
(D) Tr° ru7D °-r of Lilts _n a z oncor= orT_ng
r esloarlt_al DL_lcirg snail not :tee _ ncr
Ln f =s= SLCr _rcrease collp!_es Act t ^2
p:o _ =10 of t - 1S Chapter appl_caDle to t ^e
zoning C_strict _r wh1C _t _s kcal ="
(c) Tne :econst:uct_o i of nOncO -o- c :es ae lal
L - _t= - 1e=zur_ng less tear 300 sC ar =° °t Snail
be saD]ect to t = -D11O - - c - -- 1 ny tut
Plan - _ig CoT_ 1_3_0
1 111 -n-tS anO rOO TS me=t t
-s -= D1_ =re_ =or r s_cen -' - =l occ1Da - ( - _e
- der t un_=or 3L__C_ Coce
-11 :ea _1l= area rat :ee Lt li =c to
1__C= 5- DS__i__ra Lnl- c_vn t
a c_ r - - r =
�-_ -- a / 10) u
GJ - ln�
S 2 3 -2 5 22 - !
site, cr - i = CO -- _il ?O =_d Dy DarK_ng
_cu__erne - t.. a L e __t_Pg sou - c p-_ a v
structure
(c) - - v aC_"Li _strat_v- clan __ _=.J aDDrova1 or r_ -Or
D1ar _ e lev1 aDGrOV a1 s o =Come -ti[ i .- 1 vQIQ
__ not e -_c_S =d w_tn_n one y ==- _ _O a tie ca__
Gf S�l_Cn aDDroval or _SSuanCc, ann prov_S1OP5
or C____on 22-2d01 sn I De aDD1lcapl=
(e) �eolaC=_ment COS= Small De deter o_r = D1 tine
D__ector of Development ServlCeS, is_ng
v alLat1On retn oC.5 acODtec by tne Departnert of
Deve1opme - t Services if the DroDert; Ovir =_r
c1SDLteS the Director s cetermination,
reDlacement cost may be c= cermunea by a licensed
appraiser, se1ectec and pa_C for nJ the property
Owner, wn_cn aporalser 5nall be arDroVeD by tne
Director
C
k nonconforming r10Pre51Ceft_al building camageD or
deStro;ed to tne e2 tent of more tnan fifty percent of its
replacement cost lmmec_ately Prior to _ts damage or
eeStr -Ctlon by fire, e: D 1os o or otner casualty or act of
God or tne public en =_rrl ray oe recorstructeo SLc]ect to
coPSe - t calendar plan rev_ew In accorcance_ with tne
following criteria
1 Tine pro -ert,/ Snail provide, at a m_nl arl, come Same
number of O'1 -S_ce Dark1 - g spaces as were p:ee1OUS1y
DrOV_cea 77 e ?la Wing Comm_SS_on Si all, on a case
by Ca5= oasis, endeavor to increase_ tne ratio of
park_ng to scuare footage, eftier Dy reducing the
scuare footage or by recu_r1 - 'g acD_tlonal Dark_ -g on_
S_te 7 n no case snail tine sduar: footage De _ec_cec
Dv more t 25 percent
7 all setbac s arc __gnt _es--_ct_o - s c= Cnac e
seal_ D Trot =or tie_ ZO - _ng c_str_Ct _'n wn_C}1 tne
au_1a_ng 1S locat=e
T - ow cf _ -, np co fbrr^_ - = DL'_bc_ C, w net
res1ce - t_a1 or - or'r_S_ae __al, - nay — =r =
acme __----eve _ °,_=w to deter -- 7_ - e 1t_ strLctLra1
_ tecrlt a - c t - = lecal__v of _ _s __n J co c_tlo - s a no
1 nDrOe t_ SLac rev_ew snail oe s c]ect to __es as
`m_`21_s of t"1°_ iii -form =1 - Cod=, ano Snell
c - S 1 -- or an -- - - - a1 and e t=_ = _ = D °_ct_On 0= t - e
_ _
t = _e_ N, _ _ D _ c:
r , r = -- 0/ooh
S•=1 Beacn C1 Cmce
S -2105 S = -2
D °_veloo - lent SP7v_Ce.S Snail _= =u= a. St= _= O =
wrlcr _ all De =_ na1 ana COncius_ve u 1°_== =DD = =1eQ to _n-=
�lanr_-r Conn s1or If the Or COcs not _eQLesL s_c a
it s—_!' De the Own=_ S reSDOnS_o_1_ty to
_ =_=oll=n zne 1 =w =L.1 e _Ste—__ of ail c or_ -_Ors an.
_ In t Course_ of t _ec0'S___c__on _rotes=
Tn_s sucsect_On D provides a voluntary Droc c?re vin_on
seal - o t r=5 __ _c _ the ri nt of an property owner t0
oDtaln _n= crmat_or contaLned ...r1 t'e Cit s public retorts
red arcing the Owner s nonCot :o: - r_Pa Du_1 vJlt
maL _ng the _ecuest Drov_QeQ nereL. icer
Tne C_ty Col-n(_1 ma; adopt alternative —or'Pcu =o- - n=
aDDroval of the reconstruction of noncon=or - g ou11a1" ;S
In tre event of a natural Q_saster caLSli c w_Cl"esoreac
Qam =g e to ro con= oriling bL11Qlt7s w_tr_n the C_t,
Ever; person w''io on the lien date of any year was t - e
owner o`_, or nau in sucn person s possess_o - i, or uPQ °_r
such person s control, an tai able 1=norovemer=, , '_cn
1"PDroveilent was trereafter Qestroyeo tiv_rPOLz such person s
fault b fire or o; any otrler means prior to July 31st of
that Year and cannot be mnereafter reo111t because of a
zoning prop blt_on, may on or before sucr ate as may be
prescribed oy tie county assessor, or Dy state law, - ralre
aop1_cat1on for the reassess - rent of such _mproverle - t and
QeliJer to the coanty assessor a ,rrltterl statement cancer
oath, accompanied DJ a certificate of a Qlslnteresteo
competent persor or authority s - ow_nC t concit_on art
if a"v, of the lmoro irnmecla =elJ after t h e
destruction, a-o the court_? assessor Srall, on or oefore
Octooer 31st o= - year assess the o ie nent, or
reassess It if _t nay already Deena assesseo, accoro_n; to
t-e condition and value immeQ1ately after t - e destr_ctlon
a - a . S_Cn nOt_CC as It ma =1nc to De proper the DOar0
of Supervisors o= tre COL - tv may Ltt_1 I`o,enoer 'Otn Cf
tnat ,/ear foal - V suc i assessre; t O_
Tne t`- rate __ ed for o _ooe_tV on tree roll on wn_C t - e
1"nproLeT =_Pt so as = = == =d aro ears Or tre 1Doro erne - t so
_= assesseo appearec at tre time of 17.s cr_C a1 aseSS - le t
snail oe aoo11eo to t aTC.lnt 0' i =r" 7- - Or
- =�1- Qe_t= - -- lined 1 accordance w_tr t - e DrOv_5_c - s
=_ =o_ Ir th = v ° =Pat the __ =!l -_ _s 1=-=
`- tre _a' _n e_eto ore co-outeQ i t - e to payer _ = _1 oe
l_aoje for tar o -o- -' e ess=_ a log_ - t anc
Q _ra De canC °1 r If -r_ __ tav_
alread o =_Q the _=f _ev_o_sly CO 0L_eQ, -C7 Q_ = - r - =
S all be Te - -noeo to t`1 °_ ta' =Dar =- T e _ -Ov_S_C 5 0 - ' - =
s'osec - -on r are = actec o_rs_a - t to C=1 -`- = Co =r
Coae Se:t_p 1 OOO i -0 t = e te t that t pro - s o_
f-=-- -_ 0 ) ^7C-
S 23-2 5 23 -2 1 07
SLCn ,S c -_O" 1 2007 av _ or or Tula oe S _o'_= s ° a=c or
_eDl =zed D, 0= - or p :OJ_ =_O - S of 5_=-- — an or to 7:n
• =:n0 % -_- Lne COQ = assessor or LPe DOar: 0
S LOB= v _sots rlav ia%, e Prom_lga000 c= '_ _e: OroC °-_- ° S
wn1C"' cor:l_c= w_Ln tne cr0,1s_ors o= s10sec io 7,
SLCn orOv_ =_0'S of Soaoe Law or _,__n Dronu1_at o Or
enacted orocec___s snail con_rol (Ora rao 1257 )
S ° c =_o 78- . 1aro°_ - lerts or S -- -C -Llr =1 = 1 - -=a-1or s -0
No ncon =or'P_nC °_S'_aen.lal Bll_ t C1n05 anc t 5 S Noncor= orr_"g
res_cen _1aJ DL_ a1r;S may De enla_000 Or S Lc _n all, al tired
as or0v10 0 lr Lnls S`CL_OP
?cans_.ed Improvements
1 1�_nOr Structural T 1Lera =_Ors and ! iorovemen =S to
norcor=orr1'lg re5i0ent_a1 0u11oings and uses listed
as ro110 s may De aoL.:o ea Dy the issuance of a
D :Hair g perms=
(a) Shy1_ghts
(D) Sofa= Systems
(c) dal _son a1 wlnaows
(d) Decorative e -`_1Or lmurOve
(e) aulloin g ra_r _en ance
(-) Tdo1 g or replac_ ig LL11 - - - --
(c) OOne: rn1nor SorLc =L.ra1 al =era o1on s and
_m rovem °_'oS s_'"11 a_ to - one foregoing, as
of ooe ?1_ - _ - ng Co m_s =_on
7 Mno: C1 rLr _ir_l L i _ __Or s , :n! == ca nan =5 Or
:tea - s1cn s =o "o co i =0rm_ng _ =51Q°_ -=1a1 oullo__ s a a
LSes 11SL o as = 0l10ws may De a :Drov=C Dv one
�1?nn_ng Comm_ss_o' oCrSLa _ - co Co -_ - Cal -noa= Plan
_v_ew
(a) Open roof c c s
(0) kCo'___O - a1 oalconles a - C Dora - es (
(c) =00 = 00 - -_On5 over 0a cc - 1e= = oorc -e=
S = = 3 c C_tv Co
S 2E -2L07 ; 23-2 ^07
(1) ='o0= eaves _ r jest- ; :i e ( :eat _
t n= -=c __-'a rear v_a
Distr_c_ 1, 'esice __a1 _.ON D°_ s__1 Gon=
(c) =aa_ pion c1 - ter _or aocr_
(e) ga=_t_ona1 C =-aces and caroo=ts,
t =nu= n garages _na carports
(_) 1r _e__or wall noa___catlon5 ana rat oaeli nC
_- v O1 v aS removal of Or 5tructai_1 alterat_On to
less the twent per'e'1z (25%) o: the
StrLCtllr= S _i t.o-rlor walls Sucn _ tarlor wall
moat icatlorS or renoc 1_'1g II1av increase the
nu'T1Der of bat'1rooms pro, _cea trot t-e nL.moer
aoes rot eN ceeC1 trio_ following bearoom/catnroor1
ratio one Datn for each Dearoom plus an
aaalt_onal r if -Datr TI number of bearooTs,
as aeflnea _n Section 28-210 of th_s enactor,
snail not De increased _`_ the suo]ect LroDerty
is noncon=o_`a_ng aL.e to cens_ty or par i i
(g) Peallction _n the number of units invOl71fl
rernoi a1 or structural a to_ratlon to less than
f_=tr tierce - t (50%) of the structures _nter_Or
Walls
C'1) Ni-or enlargements or pan 5 _or S
(1) S1nc i e r amil Dwellings ana DLc1e es
One t_rne or CLmulative - _nor StruCtaral
alterat_ons or e ;a s_o - s w11c _rcrease
t le -" l oor area L'aer
Sta .:arcs of the aooroprlat° con= l e s s tnan
__r p=_cert (10 °) of tr allowably floor
area 1: the suo]ect LroDerty Bets t _
'111n_mum Par _ _eQL_Sre - ants, or a nna iTLrn
O.
233 scuare feet D=r _- _r Lo to a - a'r_i1L i
c_ 576 scare _ =e_ pea oroo= -,r, i_ the
suo] .ct oroDert is no = o :or _ doe _0
oar _ r, s o]ect to - _
(a) - -ra -_1O_al oatiroon,s are -ern--tea
Dro v _Cea tna _ t` e - Lmoe_ o = r unit does ct
`-n= -O I cw_r : oearoo - L/oao rooT
____o O ie oat for ✓ecroo - 1 01_s an
aa=_ __on al a1 = -c atr
ice_ a /,ni -n-
S 22 -2 1 07 S 22-2 1 07
(D) Tne r _ o De"'roor , _'1
Sect_on 23 -210, may -oz be _ Cr =as =a _ t
sOD ject zrooer -v 15 D - :on oorit_r z cue LD
a= s__; or Da_ _i _nr
(c) closures of -- ICOn -- = -a - o- -n
small COr stltute t = cC� _ v - o_
5oac
(a) Such e oansio atz enlarpenenos to
properties tnat are noncon or - n1nn ale to
parkJ_ng snail D°_ oerm_LLea only _ tre
COmm15s1On dete_ t - at all
=easIDle Dar _ng, g_Jen tn= avalla.71117-Y
aro location of SDace on the site o r t h e
constr a_nt s 1mposea D J the e 15tlr; sou
primary structure, 1s prOtilaec
(e) Tne provision of encloses tandem
par} 1 spaces may be uti 1 l =a to comply
wltn tne required o==- street pang
reau_rementS , provlaea all reca__ ea
setoactis are proalded
(Ora No 1274, Ora No 1361, Ora No 1-16)
(2) Tae (3) or more Lets
O L_me or cumulative rnlzor structural
a1L?ratlo is or e Da slo wn_cn _ncrease
L he floor area less that ten perca 'z (1.0%)
o tn° a11owable floor area under tnie - ±oor
1-nea stanaares of the aoorocr_ate
:One 1 the SJDjeCt Dro er= meets the
minimum parking reCJ1reT nts, or _ ma 1
of 1 n 1 s?lare feet oer wilt 1D to = -''_ -mu.-1
O 100 sauare feet Der
(a) tne suo]eCt orooerty -_ norzo - =z— «_n
cue to Darr _nc, = - a
(o) a 7_ _711 - 1 Of one ( -da : :, ooen
a - a access_ole co °__=Q u _ SD_Ce us
Drov_._e2 for e =on L -- SuO]=Ct to e
=o1_owin
(1) 1 \Q:'_- -o - =1 Da_ roofs are J.-_n_---^1
trOv_Qea _''__ t e r. De_ L __ noes
o= --= . =G' low_ r=Croo-/z=t—roo-
_G! __cn Cat/ Coce
no 2 %
- J- ' �.,
_at_o O - e _Oath for =ac D`_roo - 1 an
an-- - -o -.1 - 1 = -Datn
(2) 1 ^= `1L O. DeGrOO"ZS, as Ce _ - eC
In Seat_o 23-210, ma, rot De 1 7 -_
If 7- 0Dei _Y __ PO 1C_ L-
C__ to Q =PS_t! cr oar -r
( 2 ) 2nclosLr °_s of Da! co'n1° ano Dcrc ies
S corst_tL.te t - e add_t10 o:
raz_taol_ space
(A) Sucn e Pensions anc enlargelTe - 'ts to
oropert_es nat are Ponco i= or-rl_ - g C_1°_ to
par} lrlg shall oe perm_t ted only _= tr e
Planing Commission Qet n= t n a t all
leaSlDle par} 1Pg, give tree ava_1aD11_tJ
and location of space crl the site o r the
constraints imPosec Dy the e' 1st_r g sOLnC
Dr_mary structure, is Drov1aea
(5) Tne provision of enclosed Lanced
Dark_ - g spaces may De utilized to co•np12
witn the read1red of=- str Dar_ng
reGlllrenl_i1tS provloed all r°QL_rec
setoac s are proJlced
(1) One-time or cumulative enlargements or
e pensions of ten percent (100) or more of the
al lowable =1oor area under the Floor m_=ea
star cards of the appropriate_ zone to Drope_ __es
teat are no conforming only cute to tre use Of
tance park_ng when t e regl_reo r1L per of
spaces are Drcv_cec and t rec_1reeo sta - Care
spaces c r of De pr y s_ca 111 pro Aced C_°_ to Lot
w1Qtn
( :) Ozer - _nor str_ct_ra1 altera__Or3 anc
_noroJe - e is s_ to _ ie forego_ as
Getcr 1_ - °_d DJ the Pl a - n1 - G CO
(Oro No '061)
3 m=icr S c -i - -1- -_- O-c - 'n l r-
: o= ns_o - s to -c -c_o -roan -- res_ren - - Dll_! Q_' - c a-a
uses 1_-teo a3 -o Lows Tay De accrO,CQ
Comr_Ss_on DL?rs,_a - t to t - e aoCro'.a1 c _
cone- -o - a 1 Lse per Dr0,,1_ed
:e _-re e _s o -n - c aote e caur-_-c -_ -
�'__ -' ° /f0J 7 0C
:o- _ n _
22 -2 S 2 -2 -0i
_ - e r setnac _ o_ e -_ _rr 1 e Ja i rr
c0 - for - a garages, carports and = r"e-ic-
Nr_Ci snali CO"Dl y with ail aDD1_c cr0'✓_sio"s o:
tre Lr__orri 3__lci - ; Coce as no=t - =C= i1J ado0_=c O
tre C- -Y w-- - e ° on of he r=-c_irea se _DaC f ,
are _at
(a) One -t_me or c 1 n Ll aliv e enlargements = nd /or
e rDans_or s Of ten Percent (10%) Or more of the
a11owaole floor area under t - e : loor
stanaaras Of the aDfir0Dr_ate zone
(D) One -time or cumulative interior wall
TilOai= _Cations and remodeling wrlc involves
removal of or stractural alte ration to greater
than twenty-five percent (23%) of the
structures interior walls
Ma or Structural Alterations, L gi ni
draeents Or
r_
E pansions to nonconforming resicential DL_101rig. s and
uses listed as follows may De aporovea by the
Planning Commission pursuant to the approval or a
conait_onal use per - nit oroviaed that all the
requirements of this Chapter er alumng densitti and
parking are satisfied ?rovicec the parcel is
nonconforming ace to the use of tanae parking when
the required nu_mper of spaces are provided and the
required standard sDaces cannot De physically
Dr0J_aec caa to lot laiath
(a) One-tine or cLnulat_Je enlargements a''c /or
mansions Greater than ten percent (J.0'.) Cf the
allowaD1e floor area
(0) One -Lisle or cumulative interior wall
'1001 _ca__ons a - c _emote l'rc which involves
removal of or strut gal alteration to great__
than fifty percent (5O) of the s__uc_L_es
int De_a__ng \walls
(c) SLcn = mansions arc enlargements shall Da
merTitted only 1 - - _ ?_a-_-; Cohn- _ss_on
ce___ nes t 'h_t all _ °'-c I ° Jar _ _' C a t
ay.= a - c location of space on the site
or the constraints _r70sec DJ
rimy s -- -' = -are -- prc v _tea
(Oro No 1315, Orc No ! : 5 1 , Oro No 1 2 5 7 )
77 ° /Or
Seal 3eac1 C_tv Core
22 -2" -07 s 22 -2
3 C -- -r- -l'-- a1 11 - -On , _, 1 arc = t 0- : Lc S _: S to
roncon-c- m- ig -= c_aen- o__! nl na5 a - o use w
are norconform_n; 0 - 1 , Ly reason o= ar c`
Setbac _nclaa_'; - e _=c_1_ =Q Se tn=c -o- _st_ng
leg= , Pc - -c0 - = 0ril_' C garaces, c=-oo- -3 , =no _
= -a_raa,S nay D= a0Dr0vea 01 t -e D_-ector c
DevelOD - t Services, SUD] eCt to tne
(a) .x._11 enlargements or e oars_o - 5 Sna11 cCiD1v w_tn
tre min_'ALit YarC C1"1_n =1on 0 i- One c - C
C1Str_Ct in w`11Cn t he DU11n or use _5
locate°
(D) Tne e'_5-inc noncon=0rn_ng S_C°_ ; arc S °_rD=c',
Snail oe no less than tire (3) f in w_atn,
witn tie e' ce_Dt10n of e.' 1S ring _e Jal 7)07-
co7Too urg e terlor stair ays, Wnicn s
c0 w t`l all aoo1 cao! e orov1S_o S of tie
Uniform Build Cooe as TPOSt recent1V aaooted
Dti tine City, w to tie e ceatlon of tie_ re_culre_d
S etnacls
(G) Tne e "15t1ng nonconforming front tiara SetDac)
Stall deviate PO more tiara ten percent (10%)
from trle current minimam front Setoac
(a) Tne e 15tlng nonconforming rear vard SetDacl
Shall deviate_ no more trap ten percent (10 )
from tie current r1n.ir UT rear Setnac
(Ord No 127n, Orr No 1315, Orr No 1361)
3 ?rocecure
Conse Calencar Plan P ev_ev - _ Person 0C51__ng to
apply for consent ca1e_ Dian _eev_ew acouroval c_
tine ?1 - n1'1Q Coruri'_55_Or DL.rSua t to Iris Sec __On
c'l =t 1 SLDLr_t an aopl__a-10 i, _eca_reo D1 = anc
o`oDerty o+v ner 1_St to the Deoartme - t C= v°_1ODi'e -
Servlce5 togetier w_ =n a O_ - one r_ - or plan
ev_ew 0= 1" oats prior to t - e ?1a -r Co rr_ :_O-
nleeting Not_ce of t - C aool_cat1C n :or co
Cal _ - 1rca_ rev_e■, Sr =1 1 be rev ="l t0 all r.0 =r -
Own=r3 a to all ace - -= w_tr_ 100 c'- -fie
____or oo_ aa___n O_
2 rSoec - 1-'v Der5cn - J -1 = oc= .v =1 - - -=�-_
to Sect_c :a-2107( or (_), erect -o - - - -G7
( =) Or (D) Cr, c = -- 0- 11 -1 -U ( =) cr ( -)
/Go;
3 25 -2 5 23- :"- -02
-o- an_ Du_Lrl'1 - c v _cn Nas co r'- pr -c- to 1363
snail rea_est a steClal _n =st1J a -_Or o - - SL t
Prope__J :-_o- to -_L_rc sac-, a atDl_cat_on
T-_ 3 , l - -,7 anc Safety D1vlslor, a - - t
_ - v e- -_ga __zn _ =GL== - _s - raze arc talc DLrsL -an -
t0 the Un_for7 Lllo_nc Coca, shall lrstect the
_D]eCt s_te and ni__ I L 1_n J 0O _- _-t` slly anc
__ ter-a1 J, to ceter - Dina the concltlor o: the site
ana ou_lc_ - ;, _r :1LC_r; DLt not L_ _eG' to tie
w_r1"' g , o 1 71r1D -ng, s --llc - --=1 1 lt , roo = _ - io and
cond_L_on of t walls, cell _ floo:5 arc garage
(Ord No 1192, Ora No 1301, Oro No 1297)
cect_on 22 -2403 Noncon= orn_ - o No reslcentla1 3u11d1ng5 and
Uses May Not Be 2nlaraea or Structurally 7=1 -erea No
noncon= orm_rig nonreslcential Dllllclrlg mar he enlargeec o r
structurally alterec nor nonco l :orrlrlg use e Dances unless suc
enlargements, structural alteratlor s or e D arsiors make the
bu11c1ng or use con=orm_r1C, or unless tn1S section Spec f_ca11 '
provides for such enlargement, alteration or elpans1on
iNnere a Du11c1ng or DL11cings are nonconforming onl' by
reason of substandara yarns or Ober spaces, the Drov1s_ors
of tn_S cnaDter Dron_Dlting er larcements, structural
alterat_ons or E2panslons snail not apply, prOJ_dea that
ar_ enlarge structL_ral alt °_rat_ons or E }pa nslons
snail not = ur`rer reduce the size of reculrec yarns a - d
open spaces
Co- rnerc_al centers o talent/ (20) acres or greater _n size
wnlc`' are ronco for - p_ng Only by reason of _naaeGLate
1 a nos C ao1r C may De Structurally a I t °_r°r or en1 a-:
SLD]ect to -ne _011ok1ng Cro✓_s_ons
Commercial centers w1tn se ( 7) Derce -t of its
total lot area c °_voted to la'cscaD_ng Dav De eniarged
or str ict_-al1v alte_ec as p_ov1C =d ov t - ' _ s c"'aote
Nltn - , = -.t = i r= r = a D7 i 1 r "1;
C :rnnerc_a1 ce -_-s _tn less tnan =_ =n ( 7 ) - ° - rte --
C= its total lot area oe :tea to 1 anascaol - g mav DCC
enlarged or S --L- -L-_ _11 __ _-_ =c as Drov loec D v t" _s
c'attar only Lp0 t - e approval o a co L-Se
J :r - ✓_ -n co o_t_o al Ls= Der mall °staDl --
a la cscapinc pro = :ar - - -c= _-': t - = Droce -ire a - o
_ -nec a±ee ` e :eo se =n ( /) Percent o t-= c `_ - s
7o_1 -w_ -c t - e aoprovai
c t e _ s __ cc" o_ - -_ a_ = p = - - :c a
"' i I i w _ 7 n r,
r _ _ I - = L -
S
. ?3-2 1 n3 S -
co T_ terC_a1 _=r, s 1^,s =r-u` s -- _c -t-- - 1 alt=- _ons
_na en1__Q_ ll_ _s a v D e _ =OLroL =C for - 1 =_ c= N_� 1
_n= _Ss_' :ice o: c D__1C_"a °__ - r_ = Drov_. _a - - _t the
c =n__ _ =ma_ s 'n co-D1_arc y,__` __ s
ccrG_t1G S Of t COna_ __o `S= 'v° - n_t
a ?:oc care ;11. applioatlo - 's = or a conc_t_cna1
use p=r='_ _ f_lec DLrs,.a t to the aDov =
_`CL_r T=n-S snail De acao pa - 1 =C Dv the
pro oseG 1anascape Drogra i s - C Sc c »1e a-a a
ent --= SnCp _r Cent °r, CraN_
to scale ano 1nc1Cat_ng, Drat - oo 1_rl1t =C to, _''e
=Gr i at_on
1 Lot G_'Tle ^S_OT1S
11 Locatio - n , size and total SQLarp :oota;°_ of
all bu11d_r gs ario structures
1_1 LocatlOn and T1uTrLDer of parting spaces
1v '?ec=strlan, ve'r1Cular ano service access
Common areas
vi Locat_on and square footage of e _SL_ng
1arascaoiIIg
D ZaoroLa1 of Larascaae Program 1P_
CO TSPISS1O17 snail approve a Dr000s o landscape_
program If SLCn Drograrl provides for ten_
1nStallat_on of the reculreo amour_ of
lanoscap_T1C w1=n_n a reasonaDle Der' oc of ti
as d. tern 1ned Dti t e Comr _s s _on , _nto
cons_Cera -1On, Zino - 7 Otner = actors, tn°_ total
10- = _ea C= the center, t"'C n1n_D =r O DLS_ , ==,= ==
w_tn_n t - e cens=er, the e_ 1st_ - G aio.l - - O-
la a t cost to Coil_ 1v N1 tn=
l anascap' r°_Q_1reme - ts of th_S c - =p___
(Ora wo 1232)
C w = a pu_1C_ cr Du _I ;11 n,S or-= -=-r' w - - - 1 - 1 the Na_
Street SP=C = _c = -_ ar are i p ao" or Cn1J Di :aason
of _ _ apes`-_ _i'.oc_ of pa_L _- g spaces, t - C DrCvi s_Ons
O tn1S cnaD_ = - =n1=-: ' - F - - = , - - :a
alterat_oi or = p= =1O snail O_ _ Orov -__
c 00) �- I
Zor_
S 7, 2- - "u3 S 23-2
'-,=- any °_nlarce e LS , S :r _c =tlral l _= - =- C_
Pans1on not -L_ - - E_ - :uc2 _mac e
Ltd - Q.-.-_ o= J S ?aces , a - a
L S :ark1 ; spaces Sell de s c _cc co m==_ _nn
ocrlrlr art - = =or Ln° c -- =_enc= 1noL_1G_
ar ° DCLw=_n L _ e _S t1nc Dll_1G J a new Dt_11G_ ,
ana
-lr = snail °w pc_ C spaces a D S SoD l _:d to m=== LiE
o === - E'10E in cart 1 _ re t- -- m n.S for Lr E i st_ng
ou_l o_rg DELvi? °_n Lnc pr_or use ano Lne - ?w use
wnEr° orooert1 owners can - E °L off-street part_ng
r eau_r°Til =nLS , Permits Play DE granted _= sa_o owners
ins pa; an 1n -lieu oar g fee pursuant to tine
proJ_S1ons of Section 22 -1257
(Ord No !a05)