HomeMy WebLinkAboutCC AG PKT 2012-04-23 #G AGENDA STAFF REPORT _ =_ _
DATE: April 23, 2012
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Greg A. Hastings, Interim Director of Community Development
SUBJECT: ZONE TEXT AMENDMENT 12-1 CONCERNING
RESIDENTIAL CARE FACILITIES
SUMMARY OF REQUEST:
That the City Council waive further reading and adopt 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:
The City Council conducted a public hearing for consideration of this matter on
April 9, 2012 and introduced the subject ordinance. It is now appropriate to
adopt the subject ordinance.
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.
RECOMMENDATION:
Waive further reading and adopt Ordinance No. 1617.
SUBMI D BY: NOTED AND APPROVED:
044 --".."1/ 1/11 R tfll
Greg A. - astings, nterim '. Ingram, City ager
Director of Community Development
Agenda Item G
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
Care See Section
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 23rd day of April ,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 23rd day of April , 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