HomeMy WebLinkAboutCC AG PKT 2011-07-25 #HAGENDA STAFF REPORT
DATE: July 25, 2011
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: , Mark Persico, AICP, Director of Development Services
SUBJECT: PUBLIC HEARING REGARDING ZONING TEXT
AMENDMENT (ZTA) NO. 11 -1 AN AMENDMENT TO
VARIOUS PROVISIONS OF TITLE 11 (ZONING
ORDINANCE) OF THE SEAL BEACH MUNICIPAL
CODE AND ADOPTION OF ORDINANCE NO. 1611
SUMMARY OF REQUEST:
Conduct a public hearing to consider Zoning Text Amendment No. 11 -1
amending various provisions of Title 11 (Zoning Ordinance) of the Seal Beach
Municipal Code and introduce Ordinance No. 1611.
BACKGROUND AND ANALYSIS:
On October 11, 2010, the City Council adopted a comprehensive overhaul to the
Zoning Ordinance. This was the first comprehensive revision to the Zoning Code
since 1974. Staff has started a process of reviewing the Code on a semi - annual
basis and bringing forth a list of amendments for Planning Commission and City
Council consideration.
At a public hearing held on June 15, 2011, the Planning Commission conducted
the first semi - annual review of Code amendments that staff has identified.
Following the public hearing the Commission recommended a series of changes
to the City Council. Below is a summary of the Commission recommendations:
1. Measurements of Basements — Section 11.1.15.020.0
• Clarifies that basements cannot be built to the property line.
2. Reduced Side Yards for Garages on Corner Lots — Section 11.2.05.015.V
• Added a new Code Section allowing reduced sideyard setbacks on
corner lots to a 3 foot minimum.
Agenda Item H
Page 2
3. Parking of Recreational Vehicles and Boats — Section 11.4.05.100.O.2.e.
• Added a new Code Section that requires that boats and RVs be
parked on a concrete surface or decorative pavers.
4. Shielding of Lighting — Section 11.4.10.020.A.5
• Adds new language limiting light spillover onto adjacent private
properties.
5. Swimming Pool Filter and Heating Systems — Section 11.4.10.030.D
• Clarifies language regarding the minimum setback for pool and spa
equipment.
6. Allowable Fence Height on Seal Beach Boulevard — Table
11.4.15.010.A.2
• Increases the allowable fence height along Seal Beach Boulevard
for noise attenuation purposes. This is similar to the provisions
along Pacific Coast Highway, Lampson, Marina Drive and other
high traffic roadways.
7. Off - Street Parking and Loading Standards — Table 11.4.20.015.A.1
• Establishes a parking standard for shopping centers in excess of
75,000 square feet of gross floor area.
8. Structural Alterations to Nonconforming Single Family Homes — Section
11.4.40.020.A
• Delete Section 11.4.40.020.A.3 — Fagade articulation
• Delete Section 11.4.40.020.A.4 — Additional front stepback above
14 feet.
9. Patio Enclosures on Multi - Family Property — Section 11.4.40.030.A
• Establishes standards for construction of patio enclosures on
nonconforming multi - family lots.
10. Legislative Actions —Section 11.5.15.005.13
• Clarifies that the Director of Development Services may initial a
zoning text amendment.
11. Bay Windows — Section 11.6.05.010.B
• Adds a definition for "bay window" and sets standards for their
installation.
12. Landscape defined — Section 11.6.05.010.E
• Clarifies the definition for what is considered "landscape" material
and "hardscape."
Page 3
13. Patio Enclosures on Nonconforming Property — Section 11.6.05.010.P
• Adds a definition for "patio enclosure."
FISCAL IMPACT:
None.
RECOMMENDATION:
That the City Council conduct the public hearing, and introduce Ordinance No.
1611 based upon public comment, Council direction, and subject to revisions as
may be appropriate.
SUBMITTED BY:
Mark H. Persico, AIC
Director of Development Services
Attachment
NOTED AND APPROVED:
La
' • .•-
A. City Council Ordinance No. 1611
B. Draft Planning Commission Resolution 11 -8
Page 4
ATTACHMENT "A"
CITY COUNCIL ORDINANCE NO. 1611
ZONING TEXT AMENDMENT NO. 11 -1
ORDINANCE NUMBER 1611
AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING
TITLE 11 (ZONING) SECTIONS 11.1.15.020.C, 11.2.05.015.V,
11.4.05.100.0.2.e, 11.4.10.020.A.5, 11.4.10.030.D,
11.4.15.010.A.2, 11.4.20.015.A.1, 11.4.40.020.A, 11.4.40.030.A,
11.5.15.005.13, 11.6.05.010.13, 11.6.05.010.L, AND 11.6.05.010.P
OF THE SEAL BEACH MUNICIPAL CODE REGARDING
ZONING AND DEVELOPMENT STANDARDS
THE CITY COUNCIL OF THE CITY OF SEAL BEACH ORDAINS AS
FOLLOWS:
SECTION 1. Section 11.1.15.020.0 of the Seal Beach Municipal Code is
hereby amended to 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.
See Figure 11.1.15.020.C.1: Measurements Involving a Structure, and
Figure 11.1.15.020.C.2: Architectural Projections into Setbacks.
SECTION 2. Section 11.2.05.015.V of the Seal Beach Municipal Code is
hereby amended to read 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.
SECTION 3. Section 11.4.05.100.0.2.e of the Seal Beach Municipal
Code is hereby amended to read as follows:
Recreational Vehicles and Boats shall be parked on a paved surface
consisting of concrete, asphalt, interlocking pavers, or a similar paved
surface.
SECTION 4. Section 11.4.10.020.A.5 of the Seal Beach Municipal Code
is hereby amended to read as follows:
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 onto an adjacent private property, per Section
11.6.05.010.L. Light trespass into an alley or other public right of way
shall be exempt from this provision.
SECTION 5. Section 11.4.10.030.D of the Seal Beach Municipal Code is
hereby amended to read as follows:
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
Ordinance Number 1611
above the nearest wall or fence. All filtration and heating systems shall
comply with SBMC Title 7: Noise, Section 7.15.035: HVAC Equipment.
SECTION 6. Table 11.4.15.010.A.2 of the Seal Beach Municipal Code is
hereby amended by adding:
ALLOWABLE HEIGHTS — SPECIFIC LOCATIONS
Maximum Allowable Height
S ecific Locations
10 feet
Seal Beach Boulevard
SECTION 7. Table 11.4.20.015.A.1 of the Seal Beach Municipal Code is
hereby amended by adding:
REQUIRED PARKING
Commercial Use Types
Use Classification
Required Off- Street
Additional Regulations
Parking Spaces
Shopping Centers
pp g
Section 11.4.20.015.F:
greater than 75,000 sq.
5 spaces per 1,000 sq. ft.
Substitution of Compact
ft. of GFA
of GFA
Stalls for Standard
Parkin Stalls
SECTION 8. Section 11.4.40.020.A of the Seal Beach Municipal Code is
hereby amended by deleting subsections:
SECTION 9. Section 11.4.40.030.A of the Seal Beach Municipal Code is
hereby amended to read as follows:
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.
SECTION 10. Section 11.5.15.005.B of the Seal Beach Municipal Code is
hereby amended 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.
SECTION 11. Section 11.6.05.010.6 of the Seal Beach Municipal Code is
hereby amended by adding the following:
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
finished floor and may only consist of a shelf, ledge, or other similar
feature above the floor.
SECTION 12. Section 11.6.05.010.L of the Seal Beach Municipal Code is
hereby amended to read as follows:
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 similar features that use concrete or asphalt. Plants on
rooftops, porches, or in boxes attached to buildings shall not be
considered landscaping.
SECTION 13. Section 11.6.05.010.P of the Seal Beach Municipal Code is
hereby amended by adding the following:
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. Two
or more walls of the structure must contain openings equal to at least 50%
of the area between the floor plate and the ceiling plate within the RHD-
PD zone, and 65% of the area between the floor plate and the ceiling plate
within all other residential areas. Openings shall be permitted to be
covered 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) any 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.
SECTION 14. If any section, subsection, subdivision, paragraph,
sentence, clause or phrase of this ordinance or any part thereof is for any reason
held to be invalid, such invalidity shall not affect the validity of the remaining
portions of this ordinance or any part hereof. The City Council of the City of Seal
Beach hereby declares that it would have passed each section, subsection,
subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the
fact that any one or more sections, subsections, subdivisions, paragraphs,
sentences, clauses or phrases be declared invalid.
SECTION 15. The City Clerk shall certify to the passage and adoption of
this Ordinance and shall cause the same or a summary thereof to be published
and posted in the manner required by law.
PASSED, APPROVED AND ADOPTED by the City Council of the City of
Seal Beach at a regular meeting held on the day of 2011.
Mayor
ATTEST:
City Clerk
Ordinance Number 1611
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing Ordinance was introduced for first reading at a regular meeting held on
the 25th day of July , 2011 and was passed, approved and adopted by
the City Council at a regular meeting held on the day of 2011 by
the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
And do hereby further certify that Ordinance Number 1611 has been published
pursuant to the Seal Beach City Charter and Resolution Number 2836.
City Clerk
Page 5
ATTACHMENT "B"
DRAFT PLANNING COMMISSION
RESOLUTION NO. 11 -8
DRAFT
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
DRAFT — Zoning Text Amendment 11 -1
July 20, 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:
1. 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 onto an adjacent private property, per Section
11.6.05.010.L. Light trespass into an alley or other public right of way
shall be exempt from this provision.
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.
Planning Commission Resolution 11 -8
DRAFT — Zoning Text Amendment 11 -1
July 20, 2011
n
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
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
finished floor and may only consist of a shelf, ledge, or other similar
feature above the floor.
5
Section 11.4.10.030.D 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.
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 concrete, asphalt, 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 similar features that use concrete or asphalt. Plants on
rooftops, porches, or in boxes attached to buildings shall not be
considered landscaping.
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:
Planning Commission Resolution 11 -8
DRAFT— Zoning Text Amendment 11 -1
July 20, 2011
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.
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.F as an Additional Regulation.
11. Section 111.5.115.005.13 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. Two
or more walls of the structure must contain openings equal to at least 50%
of the area between the floor plate and the ceiling plate within the RHD-
PD zone, and 65% of the area between the floor plate and the ceiling
plate within all other residential areas. Openings shall be permitted to be
covered 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) any 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.
Planning Commission Resolution 11 -8
DRAFT — Zoning Text Amendment 11 -1
July 20, 2011
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:
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 20 day of July 2011 by the following vote:
AYES: Commissioners
NOES: Commissioners
ABSENT:
Commissioners
Sandra Massa - Lavitt, Chairwoman
Planning Commission
Mark Persico, AICP
Secretary - Planning Commission