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HomeMy WebLinkAbout2 - Zoning Text Amendment 11-1June 15, 2011 STAFF REPORT To: Honorable Chairwoman and Planning Commission From: Department of Development Services Subject: Zoning Text Amendment (ZTA) 11 -1 Citywide changes for the modification, deletion, and addition of text to various Sections within Title 11 (Zoning Code) of the City of Seal Beach Municipal Code. SUMMARY OF • To amend various Sections within Title 11 (Zoning Code) of the City of Seal Beach Municipal Code. The proposed amendments would affect various zoning districts, development standards, and procedures, and are intended to address issues such as typographical errors, inadvertent omissions, clarification language, and text additions to certain sections of the recently adopted Title 11 Zoning Code. BACKGROUND On January 1, 2011, the City implemented a comprehensive revision to the Zoning Code (Title 11). Since its implementation, Staff has discovered several areas of Title 11 where the code language is either incorrect or was existing in the previous code and was inadvertently omitted from Title 11. Additionally, there are some areas within Title 11 where Staff would like to add clarification language and /or add additional definitions for certain items which are referenced within the Code, but are not clearly defined. To ensure that Title 11 remains relevant, timely, and reflects current situations within the community as well as the state of the art in Planning, Staff is proposing that Title 11 be continuously reviewed and improved by presenting similar Zoning Text Amendments to the Planning Commission on a regular, biannual schedule. If the proposed changes are approved through Planning Commission Resolution 11 -8, the recommended changes to Title 11 will be forwarded to the City Council for review and approval at a future, regularly scheduled meeting of the City Council. Planning Commission Staff Report Zoning Text Amendment 11 -1 Citywide June 15, 2011 DISCUSSION After working with the Title 11 Zoning Code for the past six months, Staff believes that there are several areas of the existing Zoning Code text that require clarifications, additional language, or deletion of certain language. Staff has also noticed that the Zoning Code is silent with regard to certain issues that have come up over the past six months and believes that language should be added to the Zoning Code to address these issues that are not presently addressed, including the following: Proposed Amendment #1 - Security Lighting Section 11.4.10.020A, regarding the Performance Standards of Security Lighting, and more specifically- the shielding of that lighting away from adjacent properties, applies to commercial properties and multi -unit residential properties, but not to single -unit residential properties. Staff is proposing that single -unit residential properties not be exempted from the light shielding requirements. The proposed language would read as follows: Proposed Code Section 11.4.10.020 A5 — Shielding. This requirement shall not apply to traffic safety lighting or public street lighting. Where the light source is visible from outside the property boundary, shielding shall be required to reduce glare and prohibit light trespass, per Section 11.6.05.010.L. Proposed Amendment #2 - Allowable Fence Heights The previous Zoning Code (Chapter 28) included provisions for allowable fence heights of up to 10 feet along the rear yards of residential lots that abutted certain roadways within the City. All of the areas where 10 foot fences were previously allowed were carried over to the new Title 11 Zoning Code with the exception of Seal Beach Boulevard. Staff suggests that Seal Beach Boulevard be included in Table 11.4.15.010.A.2 (Allowable Heights — Specific Locations). Proposed Amendment #3 - Garage Widths on 25' Wide Corner Lots Chapter 28, the previous Zoning Code, allowed a reduced setback requirement for 25' wide corner lots within Old Town (RHD -20 zone). Within the RHD -20 zone, the required street side yard setback is 15% of the lot width, with no minimum. This potentially creates a problem for garages on corner lots that are 25' wide, as the minimum functional width of a garage structure that would still comply with development 2 Planning Commission Staff Report Zoning Text Amendment 11 -1 Citywide June 15, 2011 standards is approximately 19', leaving a maximum of 3' on each side of the structure to fit within the 25' lot width. The language from Chapter 28 that was omitted reads as follows: Exception: On lots of less than thirty -seven and a half (37.5) feet in width, an encroachment into the exterior side yard for the length of the required garage will be permitted provided that a setback of three (3) feet is maintained. The intent of this provision is to provide an interior garage width of eighteen (18) feet. Staff is proposing that a Supplemental Regulation, "V", be added to Section 11.2.05.015 (Development Standards) that incorporates the aforementioned exception. Proposed Amendment #4 - Bay Windows A Bay Window is a type of architectural element that is fairly common on many homes in Seal Beach, especially those within the Old Town area. Bay Windows are listed in Section 11.2.05.015 (Development Standards) as an allowable projection into required yards, subject to certain limitations. While the concept of what constitutes a Bay Window is generally understood, Staff has discovered that there is not a strict definition of this term within the Zoning Code. Staff's proposed definition of a Bay Window would read as follows: Bay Window: A Bay Window is a window, or series of windows, forming a bay within a room and projecting outward from a wall. The outward projection of a Bay Window must return back into the wall from which it projects between the floor and ceiling plates of the wall. The interior space within the bay window shall not be an extension of the interior floor and may only consist of a shelf, ledge, or other similar feature above the floor. Proposed Amendment #5 - Swimming Pools and Hot Tubs Several of the development standards pertaining to Swimming Pools and Hot Tubs, with regard to location of heating systems and filtration equipment, did not get carried over from the previous code. Additionally, much of the language pertaining to filtration and heating systems that was incorporated into Title 11 seems to be excessively strict or unreasonable for most residential properties within the city. Staff is proposing that Section 11.4.10.030.D (Filter and Heating Systems) be replaced in its entirety by the following language: Proposed Code Section 11.4.10.030.D — Filter and Heating Systems: All Swimming Pool and Hot Tub filtration and heating systems shall be set back a minimum of one (1) foot from any property line and a minimum of ten (10) feet 3 Planning Commission Staff Report Zoning Text Amendment 11 -1 Citywide June 15, 2011 from any adjacent dwelling unit, or eight (8) feet with sound attenuation approved by City Staff. Heater vents shall be set back a minimum of four (4) feet from any property line and heater vents shall not extend more than six (6) inches above the nearest wall or fence. All filtration and heating systems shall comply with SBMC Title 7: Noise, Section 7.15.035: HVAC Equipment. Proposed Amendment #6 - Parking of Recreational Vehicles and Boats Within Section 11.4.05.100 (Residential Accessory Uses, Structures, and Vehicle Parking), Staff is proposing to add clarification language under Subsection O (Restrictions on Residential Parking within Residential Districts), number 2 (Recreational Vehicles and Boats). Staff wishes to add Subheading "e" to read as follows: "e. Recreational Vehicles and Boats shall be parked on a paved surface consisting of Portland Cement, Asphaltic Concrete, interlocking pavers, or a similar paved surface." Proposed Amendment #7 — Definition of "Landscape" Staff believes that the new definition for "Landscaping" (as contained within Section 11.6.05.010) is both confusing and could unintentionally allow certain types of paved and hardscape areas (e.g. concrete; asphalt, block walls) to be included as "Landscaping ". Staff is proposing to delete the existing definition of Landscaping, as well as Figure 11.6.05.010. L. 1, and replace it with the following language: Landscaping_ Landscaping shall consist of living plant material including, but not limited to, grass, turf, groundcover, flowers, vines, gardens, trees, shrubs, and other similar plant materials; decorative outdoor elements including pools, ponds, fountains, water features, decorated surfaces of rock, stone, brick, block, or similar material; and other design features commonly used in landscaping, but not including walkways, driveways, patios, and other features that use Portland Cement or Asphaltic Concrete. Plants on rooftops, porches, or in boxes attached to buildings shall not be considered landscaping. Proposed Amendment #8 - Measurements Involving a Structure Section 11.1.15 describes how measurements are calculated. Specifically, Section 11.1.15.020.0 (Measurements Involving Structures) exempts "structures that are entirely underground ". Under this interpretation, a subterranean basement or parking structure could extend to the property lines. Staff does not believe that the intent of this 4 Planning Commission Staff Report Zoning Text Amendment 11 -1 Citywide June 15, 2011 standard was to allow subterranean portions of buildings to enjoy a zero setback, and therefore Staff proposes to strike the word "not" from the fourth sentence of Section 11.1.15.020.C. Proposed Amendment #9 — Structural Alterations or Additions to Single Unit Residences Require a Conditional Use Permit (All Residential Districts) Section 11.4.40.020.A requires a Conditional Use Permit for alterations or additions to nonconforming single - family dwellings, only if they are nonconforming with respect to: 1.) Maximum building height; 2.) Minimum building setbacks; 3.) Fagade articulation; or 4.) Additional stepback over 14 feet. However, due to deletion of many of the Zoning Code design provisions, items 3 & 4 are no longer relevant. Staff suggests deleting Sections 11.4.40.020.A.3 and 11.4.40.020.A.4. Proposed Amendment #10 — Section 11.4.20 Off - Street Parking and Loading (Parking Standards for Shopping Centers) Historically, The City has calculated the total amount of required parking for shopping centers based on each individual tenant. For individual commercial buildings or small strip centers that do not have more than a few individual lease spaces, parking allotment is usually not problematic and in most situations, because of the generally small size of the lease spaces, these buildings are able to provide adequate parking for most uses. However, when it comes to larger shopping centers that may have 15 -20 or more tenants, it not only becomes difficult to keep track of whether or not a center is in compliance with parking requirements, but a center can go in an out of compliance solely based on the ebb and flow of businesses within the center over time. This often requires Staff to perform regular parking analyses within these larger shopping centers and often means that when a new business wishes to locate within a center, it may not be able to because a previous business that located within the center had a higher parking demand than the business it replaced and there is now not adequate parking (per Code requirements) for the new business, even if there may be a functional parking surplus within the center. One way that many cities address this issue is to provide for one uniform parking standard for shopping centers that are over a certain size so that as businesses come and go, there is not a need to perform parking surveys on a frequent basis and there would not be a need to discourage or prevent certain types of businesses that may have a high parking demand from certain shopping centers within the city. Staff generally believes that the larger a shopping center is, the more balance there will be between peak parking demand times of individual businesses and the more likely consumers are to combine trips (park once and visit multiple stores). W , Planning Commission Staff Report Zoning Text Amendment 11 -1 Citywide June 15, 2011 Staff believes that a uniform standard should be applied to shopping centers within the city that are over 75,000 square feet of gross floor area. Staff is proposing that such shopping centers have a uniform parking requirement of 5 parking spaces per 1000 square feet of Gross Floor Area (GFA). The Institute of Transportation Engineers (ITE) has found that the 5 per 1000 requirement is a conventional minimum parking ratio standard for shopping centers, and that a typical range for parking ratios is between 4.0 and 6.5 per 1000 sq. ft. GFA. Staff believes that the 5 per 1000 ratio would provide adequate parking for a wide range of uses within shopping centers and if it was necessary in the future to further adjust parking requirements for a particular shopping center, the CUP process for reduced parking, as well as the Variance process, would still potentially allow for adjustments. To implement this change, Staff is proposing that an additional use classification be added to Table 11.4.20.015.A.1 (Required Parking) that would read as follows: Use Classification Required Off - Street Additional Regulations Parking Spaces Shopping Centers greater 5 spaces per 1,000 sq. ft. Section 11.4.20.015F: than 75,000 sq. ft. GFA GFA Substitution of Compact for Standard Parking Stalls Proposed Amendment #11 — Legislative Actions (Language Clarification) Section 11.5.15.005.13 details which bodies or individuals may initiate certain legislative actions. The current code states: B. Initiation. The City Council or Planning Commission may initiate the legislative actions governed by this chapter. The Director must obtain Council authorization prior to processing a specific plan or an amendment to the General Plan, any specific plan, official zoning map, or zoning code by the Planning Commission. A person who has legal or equitable interest in real property may apply for legislative actions to facilitate development of that property. The applicant shall submit proof of legal or equitable interest and of the authority of any agent to act on the behalf of the applicant. This section is unclear and Staff is suggesting a more streamlined approach that reserves many rights for the Council and Commission, but allows the Director to initiate Zoning Text Amendments as follows: B. Initiation. The City Council and Planning Commission may initiate the legislative actions governed by this chapter. The Director may initiate Zoning Text Amendments. A person who has a legal or equitable interest 6 Planning Commission Staff Report Zoning Text Amendment 11 -1 Citywide June 15, 2011 in real property of that property interest and of applicant. may apply for legislative actions to facilitate development The applicant shall submit proof of legal or equitable the authority of any agent to act on the behalf of the Proposed Amendment #12 — Patio Enclosures on Nonconforming Residential Structures In response to previous direction by the Planning Commission, Staff is proposing to add a definition of a Patio Enclosure to the Zoning Code, as well as adding a provision to add such enclosures to existing, nonconforming residential structures, subject to conditions and limitations. Staffs proposed definition of a Patio Enclosure would be added to Section 11.6.05.010.P, and would read as follows: Patio Enclosure: A one -story structure not exceeding 225 square feet and 12 feet in height that may be located on a ground floor or above. Enclosure walls below the ceiling plate shall be permitted to be of any configuration other than traditional wood - framed construction and shall not consist of a stucco, masonry, plaster, EIFS, wooden exterior cladding, or similar materials. Openings shall be permitted to be enclosed with (1) insect screening, (2) approved translucent or transparent plastic not more than 0.125 inch (3.2 mm) in thickness, (3) glass conforming to the provisions of Section R308 of the California Residential Code, provided the glass is single -pane only, or (4) and combination of the foregoing. Patio Enclosures must be attached to a dwelling unit and shall be used only for recreational, outdoor living purposes and not as a habitable room, as defined in the California Residential Code. A Patio Enclosure shall not be mechanically heated or cooled, nor shall it contain any plumbing or plumbing fixtures. With regard to patio enclosures being added to the list of permitted additions to legal, nonconforming structures via a Minor Use Permit, Staff recommends that Zoning Code Section 11.4.40.015B "Minor Improvements Requiring a Minor Use Permit" be amended to include the following language: "Patio Enclosures, as defined in Zoning Code Section 11.6.05.010" Additionally, since Zoning Code Section 11.4.40.030 "Nonconforming Multi -Unit Residential and Nonresidential Structures May Not Be Structurally Altered or Expanded; and Exceptions" does not presently provide for `Patio Enclosures' as an exception to this section, Staff is recommending that Section 11.4.40.030A be amended to read as follows: A. Multi -Unit Residential Property. A multi -unit residential structure may not add any habitable space. A multi -unit residential structure may add a Patio Enclosure, as defined in Section 11.6.05.010, provided that the open or glazed Planning Commission Staff Report Zoning Text Amendment 11 -1 Citywide June 15, 2011 area of two or more walls shall be equal to at least 50 percent of the area between the floor plate and ceiling plate within the RHD -PD zone; and 65 percent of the area between the floor plate and ceiling plate within all other residential zones, and provided all other Development Standards for the Residential Zone in which the property is located can be met. A nonresidential structure that is nonconforming or contains a nonconforming use may not be structurally altered or expanded unless such alteration or expansion makes the structure conforming. RECOMMEN Staff recommends that the Planning Commission discuss the proposed Zoning Text Amendments as presented by Staff and recommend approval of these amendments to the City Council. For: June 15, 2011 )livera, AICP anner — Development Services Attachments (1): 1.) Proposed Planning Commission Resolution 11 -8. s Planning Commission Staff Report Zoning Text Amendment 11 -1 Citywide June 15, 2011 ATTACHMENT PROPOSED PLANNING COMMISSION RESOLUTION 11 -8 RESOLUTION NUMBER 11 -8 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH RECOMMENDING THAT THE CITY COUNCIL APPROVE ZONING TEXT AMENDMENT 11 -1, TO AMEND VARIOUS SECTIONS WITHIN TITLE 11 (ZONING) OF THE SEAL BEACH MUNICIPAL CODE THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1 . At its regular meeting of June 15, 2011, the Planning Commission considered Zoning Text Amendment 11 -1. This amendment would affect various zoning districts, development standards, and procedures within Title 11 (Zoning) of the Seal Beach Municipal Code, and is intended to address issues such as typographical errors, inadvertent omissions, clarification language, and text additions to certain sections of the recently adopted Title 11. Section 2 . Pursuant to 14 Calif. Code of Regs. § 15305 and § 11.13 of the City's Local CEQA Guidelines, Staff has determined as follows: The application for Zoning Text Amendment 11 -1 is Categorically Exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs. § 15305 (Minor Alterations in Land Use Limitations), because it consists of minor alterations in land use limitations in areas with an average slope of less than 20% and does not result in any changes in land use or density; and, pursuant to § 15061(b)(3), because it can be seen with certainty that there is no possibility that the approval may have a significant effect on the environment. Section 3 . A duly noticed public hearing was held by the Planning Commission on June 15, 2011 to consider Zone Text Amendment 11 -1. Section 4 . The record of the hearing June 15, 2011 indicates the following: (a) At said public hearing there was oral and written testimony and evidence received by the Planning Commission. (b) The proposed text amendment will revise the City's zoning ordinance and enhance the ability of the City to ensure orderly and planned development in the City through an amendment of the zoning requirements, development standards, and procedures. Planning Commission Resolution 11 -8 Zoning Text Amendment 11 -1 June 15, 2011 (c) The proposed text amendment will correct typographical errors, clarify confusing or vague language, and eliminate certain obsolete references. (d) The proposed text amendment will reintroduce certain language from the City's former Chapter 28 Zoning Code that was inadvertently omitted from the current Title 11 Zoning Code. Section 5 . Based upon the facts contained in the record, including those stated in § 4 of this resolution and pursuant to § 11.5.15.025 of the Seal Beach Municipal Code, the Planning Commission makes the following findings: (a) Zoning Text Amendment 11 -1 is consistent with the provisions of and furthers the goals of the City's General Plan. (b) The proposed text amendments will revise the City's zoning ordinance and enhance the ability of the City to ensure orderly and planned development in the City through an amendment of the zoning requirements. Section 6 . Based upon the foregoing, the Planning Commission hereby recommends approval of Zoning Text Amendment 11 -1 to the City Council in substantially the following form: Section 11.4.10.020.A.5 of Title 11 of the Seal Beach Municipal Code is hereby amended to read: Shielding. This requirement shall not apply to traffic safety lighting or public street lighting. Where the light source is visible from outside the property boundary, shielding shall be required to reduce glare and prohibit light trespass, per Section 11.6.05.010. L. 2. Table 11.4.15.010.A.2 is hereby amended to include 'Seal Beach Boulevard'. 3. Section 11.2.05.015 is hereby amended to include supplemental regulation "V" which reads: V. Exception. On lots of less than thirty -seven and a half (37.5) feet in width, an encroachment into the exterior side yard for the length of the required garage will be permitted, provided that a setback of three (3) feet is maintained. The intent of this provision is to provide an interior garage width of eighteen (18) feet. 4. Section 11.6.05.010 is hereby amended to include the following definition: Bay Window: A Bay Window is a window or series of windows forming a bay within a room and projecting outward from a wall. The outward projection of a Bay Window must return back into the wall from which it Planning Commission Resolution 11 -8 Zoning Text Amendment 11 -1 June 15, 2011 projects between the floor and ceiling plates of the wall. The interior space within the bay window shall not be an extension of the interior floor and may only consist of a shelf, ledge, or other similar feature above the floor. 5. Section 11.4.10.030.13 is hereby replaced in its entirety by the following language: Filter and Heating Systems: All swimming pool and hot tub filtration and heating systems shall be set back a minimum of one (1) foot from any property line and a minimum of ten (10) feet from any adjacent dwelling unit, or eight (8) feet with sound attenuation approved by City Staff. Heater vents shall be set back a minimum of four (4) feet from any property line and heater vents shall not extend more than six (6) inches above the nearest wall or fence. All filtration and heating systems shall comply with SBMC Title 7: Noise, Section 7.15.035: HVAC Equipment. 6. Section 11.4.05.100 is hereby amended to include Subheading "e" as follows: e. Recreational Vehicles and Boats shall be parked on a paved surface consisting of Portland Cement, Asphaltic Concrete, interlocking pavers, or a similar paved surface. 7. Section 11.6.05.010 is hereby revised to delete the existing definition for "Landscaping" and replace it with the following definition: Landscaping: Landscaping shall consist of living plant material including, but not limited to, grass, turf, groundcover, flowers, vines, gardens, trees, shrubs, and other similar plant materials; decorative outdoor elements including pools, ponds, fountains, water features, decorated surfaces of rock, stone, brick, block, or similar material; and other design features commonly used in landscaping, but not including walkways, driveways, patios, and other features that use Portland Cement or Asphaltic Concrete. Plants on rooftops, porches, or in boxes attached to buildings shall not be considered landscaping. 8. Section 11.1.15.020.0 is hereby revised to delete the word "not" from the fourth sentence, such that the revised explanation shall read as follows: Measurements Involving a Structure. Measurements involving a structure are made to the closest wall of the structure. Chimneys, eaves, cornices, and bay windows up to 12 feet in length are not included in the measurement. Other features, such as covered porches and entrances, are included in the measurement. Structures or portions of structures that are entirely underground are included in measuring required distances. Planning Commission Resolution 11 -8 Zoning Text Amendment 11 -1 June 15, 2011 See Figure 11.1.15.020.C.1: Measurements Involving a Structure, and Figure 11.1.15.020.C.2: Architectural Projections into Setbacks. 9. Section 11.4.40.020.A is hereby revised to delete Sections 11.4.40.020.A.3 and 11.4.40.020.A.4. 10. Table 11.4.20.015.A.1 is hereby amended to include an additional use classification "Shopping Centers greater than 75,000 sq. ft. Gross Floor Area (GFA) ". This additional use classification shall have an off - street parking requirement of 5 spaces per 1,000 sq. ft. GFA and shall incorporate Section 11.4.20.015.E as an Additional Regulation. 11. Section 11.5.15.005.13 is hereby revised to read as follows: Initiation. The City Council and Planning Commission may initiate the legislative actions governed by this chapter. The Director may initiate Zoning Text Amendments. A person who has a legal or equitable interest in real property may apply for legislative actions to facilitate development of that property. The applicant shall submit proof of legal or equitable interest and of the authority of any agent to act on behalf of the applicant. 12. Section 11.6.05.010.P is hereby amended to read as follows: Patio Enclosure: A one -story structure not exceeding 225 square feet and 12 feet in height that may be located on a ground floor or above. Enclosure walls below the ceiling plate shall be permitted to be of any configuration other than traditional wood - framed construction and shall not consist of a stucco, masonry, plaster, EIFS, wooden exterior cladding, or similar materials. Openings shall be permitted to be enclosed with (1) insect screening, (2) approved translucent or transparent plastic not more than 0.125 inch (3.2 mm) in thickness, (3) glass conforming to the provisions of Section R308 of the California Residential Code, provided the glass is single -pane only, or (4) and combination of the foregoing. Patio Enclosures must be attached to a dwelling unit and shall be used only for recreational, outdoor living purposes and not as a habitable room, as defined in the California Residential Code. A Patio Enclosure shall not be mechanically heated or cooled, nor shall it contain any plumbing or plumbing fixtures. 13. Section 11.4.40.015.B is hereby amended to include the following language: `Patio Enclosures, as defined in Section 11.6.05.010.P 14. Section 11.4.40.030.A is hereby amended to read as follows: Planning Commission Resolution 11 -8 Zoning Text Amendment 11 -1 June 15, 2011 A. Multi -Unit Residential Property. A multi -unit residential structure may not add any habitable space. A multi -unit residential structure may add a Patio Enclosure, as defined in Section 11.6.05.010, provided that the open or glazed area of two or more walls shall be equal to at least 50 percent of the area between the floor plate and ceiling plate within the RHD -PD zone; and 65 percent of the area between the floor plate and ceiling plate within all other residential zones, and provided all other Development Standards for the Residential Zone in which the property is located can be met. A nonresidential structure that is nonconforming or contains a nonconforming use may not be structurally altered or expanded unless such alteration or expansion makes the structure conforming. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 15 h day of June 2011 by the following vote: AYES: Commissioners NOES: Commissioners ABSENT: Commissioners Sandra Massa- Lavitt, Chairwoman Planning Commission Mark Persico, AICP Secretary - Planning Commission