HomeMy WebLinkAboutCC AG PKT 2012-04-09 #L \
REPORT
CITY COUNCIL AGENDA I = i-
� .
�'c'4�IFORN�ij
DATE: April 9, 2012
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Greg A. Hastings, Interim Director of Development Services
SUBJECT: PUBLIC HEARING REGARDING ZONE TEXT
AMENDMENT 12-1 CONCERNING RESIDENTIAL
CARE FACILITIES
SUMMARY OF REQUEST:
After conducting a public hearing, that the City Council introduce Ordinance No.
1617 adopting Zone Text Amendment 12-1 to allow limited residential care
facilities by right in the Limited Commercial/Residential Medium Density ("LC-
RMD") district.
BACKGROUND AND ANALYSIS:
Zone Text Amendment 12-1 would amend the Municipal Code to allow state
licensed residential care facilities that house six or fewer persons by right in the
LC-RMD district.
Zone Text Amendment 12-1 is related to the City Council'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 L
Title 11 refers to such facilities as Limited Residential Care facilities and already
permits them by right in the RLD, RMD, and RHD districts. 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 district. Zone Text Amendment 12-1
would amend 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
Regulations
Public, Semi-Public, and Service Use Types
Residential
Care See Section
Facilities 11.4.05.105
Residential
Care, P C -- C C
Limited
•
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.
On March 14, 2012, the Planning Commission held a public hearing regarding
Zone Text Amendment 12-1, after which it adopted Planning Commission
Resolution 12-6, recommending that the City Council approve the amendment.
A copy of Commission's resolution is included as Attachment B to this report.
ENVIRONMENTAL IMPACT:
There is no Environmental Impact related to this item.
LEGAL ANALYSIS:
The City Attorney has reviewed and approved as to form.
FINANCIAL IMPACT:
There is no Financial Impact.
Page 2
RECOMMENDATION:
That the City Council introduce Ordinance No. 1617 approving Zone Text
Amendment 12-1 to allow limited residential care facilities by right in the Limited
Commercial/Residential Medium Density ("LC-RMD") district.
SUBMITTED BY: NOTED AND APPROVED:
C./■/2,(-, �J� I
•
Greg A. Hastings J ". Ingram, City M ger
Interim Director of Development Services
Attachments:
A. Draft Ordinance No. 1617
B. Planning Commission Resolution 12-6
Page 3
ORDINANCE NUMBER 1617
AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING
THE SEAL BEACH MUNICIPAL CODE TO PERMIT LIMITED
RESIDENTIAL CARE FACILITIES IN THE LIMITED
COMMERCIAL/RESIDENTIAL MEDIUM DENSITY DISTRICT
THE SEAL BEACH CITY COUNCIL DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Under state law, the City must permit state licensed residential care
facilities that house six or fewer persons in the same zones and under the same
permitting requirements that apply to single family residential uses.
SECTION 2. Program 5d of the 2008-2014 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 3. Title 11 of the Seal Beach Municipal Code currently permits single
family residential by right in all residential zoning districts: RLD, RMD, RHD, and
LC-RMD, and permits Limited Residential Care facilities (i.e., licensed residential
care facilities for six or fewer persons) by right in all of these same zones, except
the LC-RMD ("Limited Commercial—Residential Medium Density")zone.
SECTION 4. After conducting a duly noticed public hearing on March 14, 2012,
the Planning Commission recommended that the City Council adopt this zone
text amendment. On April 9, 2012, the City Council held a duly noticed public
hearing to consider whether to amend the Municipal Code to permit Limited
Residential Care Facilities by right in the LC-RMD zone. All legal prerequisites to
the adoption of this Ordinance have been met.
SECTION 5. The Seal Beach Municipal Code is hereby amended to allow
Limited Residential Care facilities in the LC-RMD zone. The following portion of
Table 11.2.10.010 in Title 11 of the Municipal Code addressing limited residential
care facilities in the LC/RMD mixed use district is hereby amended by inserting
"P" in the first column as follows:
TABLE 11.2.10.010
USE REGULATIONS—COMMERCIAL AND MIXED-USE DISTRICTS
LC/RMD PO MSSP SC GC Additional
Regulations
Public,Semi-Public,and Service Use Types
Residential See Section
Care
Facilities 11.4.05.105
Residential
Care,Limited —
SECTION 6. The City Council hereby finds that the adoption of this Ordinance is
categorically exempt from the California Environmental Quality Act ("CEQA")
pursuant to Section 15061(b)(3) of the State CEQA Guidelines because the
Municipal Code amendment enacted by this Ordinance only conforms to the
previously existing requirements of the general laws of the State and therefore
will result in no new development than that which would already be allowed
under existing state law.
SECTION 7. 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
Ordinance Number 1617
one or more sections, subsections, subdivisions, paragraphs, sentences, clauses
or phrases be declared invalid.
SECTION 8. 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 , 2012.
Mayor
ATTEST:
City Clerk
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 9th day of April , 2012 and was passed, approved and adopted by the
City Council at a regular meeting held on the day of , 2012
by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
And do hereby further certify that Ordinance Number 1617 has been published
pursuant to the Seal Beach City Charter and Resolution Number 2836.
City Clerk
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: Cummings, Everson, Galbreath, Goldberg, Massa-Lavitt
NOES: None
ABSTAIN: None
ABSENT: None
. '17a- i/ fi t -OlVr
Sandra Massa-Lavitt, Chairwoman
Planning Commission 6 J'er6m/ Olivera, AICP
I l Planning Commission Secretary
•