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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. After consideration of Zoning Text
Amendment 11 -1, the Planning Commission made certain modifications and
amendments to Resolution 11 -8 for Zoning Text Amendment 11 -1.
Section 2. At the regular Planning Commission meeting of July 20,
2011, Planning Staff presented to the Planning Commission the modifications and
amendments that were made at the June 15, 2011 meeting via a revised Planning
Commission Resolution 11 -8.
Section 3. 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 4. A duly noticed public hearing was held by the Planning
Commission on June 15, 2011 to consider Zone Text Amendment 11 -1.
following:
Section 5. The record of the hearing June 15, 2011 indicates the
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Planning Commission Resolution 11 -8
Zoning Text Amendment 11 -1
July 20, 2011
t
(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.
(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 6. Based upon the facts contained in the record, including
those stated in § 5 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 7. 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:
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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
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.
6. Section 11.4.05.100.0.2 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, other similar plant materials, and synthetic turf as approved by the
Director of Development Services; 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
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similar features that use concrete or asphalt. 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.
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 11.5.15.005.6 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
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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 11.4.40.015.13 is hereby amended to include the following language:
`Patio Enclosures, as defined in Section 11.6.05.010.13
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 20th day of July 2011, by the following vote:
AYES: Commissioners Massa - Lavitt, Cummings, Everson, and Galbreath
NOES: Commissioners None
ABSENT: Commissioners None
ABSTAIN: Commissioners None
Mark Persico, AICP
Secretary, Planning Commission
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Sandra Massa - Lavitt
Chairperson, Planning Commission