HomeMy WebLinkAbout2 - ZTA 12-1 Residential Care FacilitiesPLANNING COMMISSION
AGENDA REPORT
DATE: March 14, 2012
TO: Honorable Chair and Members of the Planning Commission
FROM: Jill R. Ingram, City Manager
SUBJECT: PUBLIC HEARING RE ZONE TEXT AMENDMENT 12 -1
REGARDING RESIDENTIAL CARE FACILITIES
SUMMARY OF REQUEST:
After conducting a public hearing, it is requested that the Planning Commission
adopt Resolution No. 12 -6 recommending to the City Council the approval of
Zone Text Amendment 12 -1 regarding Residential Care Facilities.
BACKGROUND AND ANALYSIS:
Zone Text Amendment 12 -1 would amend Table 11.2.0.10.010 of the Municipal
Code to indicate that state licensed residential care facilities are permitted by
right in the Light Commercial /residential Medium Density (LC -RMD) zone. The
public notice for this item originally noted that Zone Text Amendment 12 -1 would
also amend the Code regarding certain senior housing facilities. Those
provisions will be brought forward at a later date.
Zone Text Amendment 12 -1 is related to the Planning Commission's
consideration of the City of Seal Beach 2008 -2014 Housing Element. Program
5d of the Draft Housing Element states: "In conformance with state law, a
Municipal Code amendment will be processed to clarify that small residential
care facilities for six or fewer persons are treated as a single - family use." (Page
V -13 of the Draft Housing Element). This Program was added in response to
comments on the Draft Housing Element from the Department of Housing and
Community Development ( "HCD "), which is the State agency charged with
certifying all local housing elements.
Under state law, the City must permit state licensed residential care facilities in
the same zones and under the same permitting requirements that it applies to
single family residential uses. Title 11 permits single family residential by right in
all residential zoning districts: RLD, RMD, RHD, and LC -RMD. Thus, state law
requires the City to also permit state licensed residential care facilities by right in
all of these districts.
Agenda Item 2
Title 11 refers to such facilities as Limited Residential Care facilities and already
permits them by right in the RLD, RMD, and RHD zones. Thus, all that is needed
to make Title 11 conform to state law is to permit Limited Residential Care
Facilities by right in the LC -RMD. Zone Text Amendment 12 -1 would accomplish
this by amending Table 11.2.10.010 to indicate this change.
TABLE 11.2.10.010
USE REGULATIONS — COMMERCIAL AND MIXED -USE DISTRICTS
LC /RMD
PO
MSSP
SC
GC
Additional
Re. ulations
Public, Semi - Public, and Service Use T •es
Residential
Care
Facilities
See
Section
11.4.05.105
Residential
Care,
Limited
P
C
--
C
C
Staff has determined that Zone Text Amendment 12 -1 is categorically exempt
from the California Environmental Quality Act ( "CEQA ") pursuant to Section
15061(b)(3) of the State CEQA Guidelines because it only conforms to the
previously existing requirements of the general laws of the State and therefore
would not result in any development other than that which is already allowed
under existing law.
RECOMMENDATION:
After conducting a public hearing, it is recommended that the Planning
Commission adopt Resolution No. 12 -6 recommending that the City Council
adopt an ordinance approving Zone Text Amendment No. 12 -1.
Attachments:
A. Draft Resolution
Page 2
PLANNING COMMISSION RESOLUTION NO. 12 -6
A RESOLUTION OF THE SEAL BEACH PLANNING
COMMISSION RECOMMENDING THAT THE CITY
COUNCIL APPROVE ZONE TEXT AMENDMENT
12 -1 REGARDING RESIDENTIAL CARE
FACILITIES
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1. The State of California requires every jurisdiction to
periodically update its Housing Element to assure the housing needs of the
community are provided for. The City is currently in the process of reviewing and
considering its 2008 -2014 Housing Element. Program 5d of the City's Draft
Housing Element states: "In conformance with state law, a Municipal Code
amendment will be processed to clarify that small residential care facilities for six
or fewer persons are treated as a single - family use."
Section 2. Zone Text Amendment 12 -1 would fulfill Program 5d and
conform to the existing requirements of state law by amending Table 11.2.10.010
in Title 11 of the Municipal Code to allow Limited Residential Care facilities in the
Limited Commercial /Residential Medium Density zone.
Section 3. The Planning Commission conducted a duly noticed public
hearing on March 14, 2012.
Section 4. The Planning Commission hereby finds that the Zone Text
Amendment 12 -1 is categorically exempt from the California Environmental
Quality Act ( "CEQA ") pursuant to Section 15061(b)(3) of the State CEQA
Guidelines because the amendment to the Municipal Code only conforms to the
previously existing requirements of the general laws of the State and therefore
will result in no new development other than that which would already be allowed
under existing law.
Section 6. Based upon the foregoing, the Planning Commission
recommends that the City Council adopt an Ordinance approving Zone Text
Amendment 12 -1.
(Intentionally Left Blank)
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City
of Seal Beach at a meeting thereof held on the 14th day of March, 2012 by the
following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Sandra Massa - Lavitt, Chairwoman
Planning Commission
Planning Commission Secretary