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HomeMy WebLinkAboutCC AG PKT 2013-04-22 #GTO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Jim Basham, Director of Community Development SUBJECT: RIBLIC AEARKG REGARDI11G 111111-AMCIPAL CODE AMENDMENT (MCA) 13-5 — AN AMENDMENT T# TITLE 11 (ZONING CODE) OF THE SEAL BEACH MUNICIPAL CODE REGARDING NONCONFORMING USES Staff requests that after conducting a public hearing to consider the proposed Municipal Code Amendment to Title 11 (Zoning Code) regarding nonconformintt-, uses, that the City Council introduce Ordinance No. 1626. Chapter 14.4.40 of the Municipal Code set forth regulations governing uses and structures that were legally established but have become nonconforming due to subsequent changes in the Zoning Code. The proposed Municipal Code Amendment would add a new Section 11.4.40.070 to govern light manufacturing uses and structures made nonconforming by a City-initiated action to rezone the property for residential use. Under such conditions, the property could continue to be used for nonconforming light manufacturing uses and structures consistent with the prior zoning and regardless of any other regulations pertaining to nonconforming uses. The new Section would state: "Nonconforming Light Manufacturing Uses or Structures in a Residential Zone. Notwithstanding any other provision of the Zoning Code, including but not limited to Section 11.4.40.045, any use or structure legally established on a property previously zoned for light manufacturing that is made nonconforming by the City- initiated rezoning of the property for residential use may continue as or convert to any nonconforming use or structure consistent with the prior light manufacturing designation of the property." Agenda Item Q On April 3, 2013, the Planning Commission held a public hearing regarding the proposed Municipal Code Amendment, after which it adopted Planning Commission Resolution No. 13-7, recommending its approval to the City Council. A copy of Resolution 13-7 and the draft minutes of the Planning Commission's April Td meeting are included, respectively, as Attachments B and C to this report. Pursuant to the State of California Public Resources Code and State Guidelines for the California Environmental Quality Act (CEQA), the Community Development Department has determined that the proposed project is categorically exempt from environmental review per Section 15060(c)(2) of the State CEQA Guidelines. A A The City Attorney has reviewed the draft ordinance and approved it as to form. 1 Y1kDUJFVJJJJ*1 I I li, J Tq There is no immediate financial impact to the City as a result of this proposed action. If, in the future, a property affected by this Code Amendment were to be developed as a residential use, the City could potentially realize increased property tax revenue as well as a potential sales tax benefit from new residents who would patronize local businesses. Staff recommends that after closing the public hearing, that the City Council introduce an ordinance adopting Municipal Code Amendment 13-5 and direct staff to schedule a second reading of the same. Basharn MZMMHM��� Attachments: A. Ordinance No. 1626 B. Planning Commission Resolution No. C. Draft minutes • the April 3, 2013 Planning Commission meeting. ORDINANCE NUMBER 1626 AN ORDINANCE OF THE CITY OF SEAL BEACH APPROVING MUNICIPAL CODE AMENDMENT 13 -5 REGARDING NONCONFORMING USES THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: Section 1. The Municipal Code is hereby amended by the addition thereto of a new Section 11.4.40.070 to read as follows: "Nonconforming Light Manufacturing Uses or Structures in a Residential Zone. Notwithstanding any other provision of the Zoning Code, including but not limited to Section 11.4.40.045, any use or structure legally established on a property previously zoned for light manufacturing that is made nonconforming by the City - initiated rezoning of the property for residential use may continue as or convert to any nonconforming use or structure consistent with the prior light manufacturing designation of the property." Section 2. 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 Seal Beach City Council at a regular meeting held on the day of , 2013. 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 22nd day of April , 2013 and was passed, approved and adopted by the City Council at a regular meeting held on the day of 2013 by the following vote: AYES: Council Members: NOES: Council Members: ABSENT: Council Members: ABSTAIN: Council Members: And do hereby further certify that Ordinance Number 1626 has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. City Clerk 14- W-04 W • ' M 3 • W aW Uwa=_ • 10 1010 Wel 0 1.16IN k'A I ILI [two ki =0-W1 011W THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE Section 1. On April 3, 2013 the Planning Commission held a duly noticed public hearing to consider Municipal Code Amendment 13-5, which would amend the Municipal Code regarding nonconforming uses as set forth in the draft ordinance included as Exhibit A to this Resolution. Section 2. Municipal Code Amendment 13-5 has been reviewed for compliance with the California Environmental Quality Act, Cal. Pub. Res. Code § 21000 et seq. ("CEQA") and the State CEQA Guidelines, 14 C.C.R. § 15000 et seq.. The Planning Commission finds that it is exempt from CEQA pursuant to Sections 15060(c)(2) and 15305 of the State CEQA Guidelines. Section 3. The Planning Commission recommends that the City Council adopt Municipal Code Amendment 13-5. PASSED, APPROVED AND ADOPTED by the Seal Beach Planning Commission at a meeting thereof held on April 3, 2013, by the following vote: AYES: Commissioners —Campbell, Cummings, Goldberg, Massa-Lavitt, Sloan NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners Sandra Massa-Lavitt Chairperson Jim Basharn Planning Commission Secretary S7296-0001 A 540807Q.doc City of Seal Beach - Planning Commission April 3, 2013 Chair Massa-Lavitt called the regular meeting of the Planning Commission to order at 7:00 p.m. in the City Council Chambers and Commissioner Sloan led the Salute to the Flag. ROLL CALL Present: Chair Massa-Lavitt; Commissioners: Goldberg, Campbell, Cummings, Sloan Staff Present: Jim Basham, Director of Community Development Jerry Olivera, Senior Planner Crystal Landavazo, Assistant Planner Quinn Barrow, City Attorney Tina Knapp, Deputy City Clerk Linda Devine, City Clerk APPROVAL OF AGENDA Cummings moved, second by Campbell, to approve the agenda, as presented. AYES: Goldberg, Campbell, Cummings, Massa-Lavitt, Sloan NOES: None Motion Carried ORAL COMMUNICATIONS Chair Massa-Lavitt opened oral communications. Speaker(s): Seth Eaker, 13th Street, reported that the Run Seal Beach event is April 13t" — the last day to register is April 9th. Mr. Eaker also commended the City's police, Lion's, City staff, and volunteers for ensuring a safe St. Patrick's Day. There were no other speakers — Chair Massa-Lavitt declared oral Communications closed. CONSENT CALENDAR Campbell moved, second by Cummings, to approve the recommended actions on the consent calendar, as presented. AYES: Campbell, Cummings, Massa-Lavitt, Sloan NOES: None ABSTAIN: Goldberg Motion Carried , N - M i �11� PUBLIC HEARINGS 2. Municipal Code Amendment (MCA) 13-1 [Citywide] Subject: Municipal Code Amendment (MCA) 13-1 regarding senior housing, single room occupancy housing, transitional and supportive housing, emergency shelters, and off -street parking. Recommendation: That the Planning Commission review the proposed amendment to the Municipal Code, required pursuant to the certified 2008 Housing Element, and adopt the attached Resolution, Attachment W, recommending City Council adoption of the amendment. The Director of Community Development introduced John Douglas, Housing Element consultant from J.H. Douglas & Associates. Most of the items before the Commission are implementation items from the Housing Element currently in effect (2008-2014). The first item has five sub-parts that have to do with zoning regulations pertaining to senior housing, single room occupancy housing, transitional and supportive housing, emergency shelters, and off-street parking. The first part is regarding senior, age-restricted housing and it makes regulations for senior housing the same as those for non-age restricted housing. Currently, there are limitations in senior housing that are not present for non-age restricted housing. State law requires that senior housing requirements be the same as those for non-age restricted housing. It was determined that the change to the City's ordinance was needed when the California Department of Housing and Community Develop (HCD) reviewed the current Housing Element — the City is required to standardize the requirements for both. Next, Single Room Occupancy (SRO) housing requirements: • Developed out of state law • Jurisdictions should accommodate a wide-variety of housing types as part of their zoning regulations • SRO's are typically lower income, very small, motel type size • Minimum unit size for one person is 150 square feet • Minimum unit size for two people is 175 square feet State law says that cities have to apply the same standards to transition and supporting housing facilities as they do to any type of conventional residential use. The difference between transitional and supportive housing is that supportive housing typically has services that go along with it. Supportive housing is typically targeted for people who need assistance with their daily living. Transitional and supportive housing does not change the regulations that apply to group homes/rehab facilities. It is currently required by state law that units within an affordable housing development that are studio and 1 bedroom are required to have one off-street parking space. In the ordinance, the City is conforming its regulations to meet this requirement. As part of state law, every city in the state has to identify at least one zoning district where an emergency shelter can be established by a simple administrative procedure. The ordinance would conform the City's regulations to state law, establish definition in the Municipal Code, and establish the development standards of emergency shelters. The standards include a cap of 10 beds and require separation of emergency shelters of at least 300 feet and require the operator to submit a management plan including hours of operation, staffing, security, and intake. Emergency shelters are allowed on the Boeing property as part of the Boeing Specific Plan. Chair Massa-Lavitt opened the public hearing. Speakers: Seth Eaker, 13th Street, reported that the Chamber of Commerce has two issues with the proposed Municipal Code Amendment 13-1 language — the use of the word "hotels" in Section 11.4.05.127 and ensuring that the language in Section 11.6.05.010 does not conflict with the City's current policies regarding vacation rentals. Mr. Eaker also commented that the business community feedback in general seemed to support Boeing as the location for an emergency shelter. Rick Bennett, Blue Heron, is the Heron Pointe Homeowners Association president and indicated that neither he nor any of the neighbors he had spoken with received notice of tonight's public hearings; he was informed by his accountant, who lives in Island Village in Long Beach, that the Planning Commission was hearing issues related to the Boeing and Accurate Storage properties. He requested that the hearings be continued to a later date so that more residents could participate. Staff confirmed that 138 property owners within a 500-foot radius were mailed the hearing notice and that it was published in the "Sun" newspaper pursuant to Municipal Code requirements. This was beyond the minimum requirements in that the only requirement was to publish the notice in the paper. The City Attorney commented that there would be two other opportunities to speak on these items — at public hearings before the City Council. Four speakers voiced concern about the extent of noticing for this item and one voiced concern about traffic that would result from this item. One other speaker was opposed to the item before the Commission. There were no other speakers — Chair Massa-Lavift declared the public hearing closed. It was clarified that if the Planning Commission takes no action on this item tonight that it is presented to the City Council as recommended for approval from the Commission pursuant to Section 11.5.15.020 of the Seal Beach Municipal Code. Postponing the hearing on this item would affect the timing in meeting the deadline for the Housing Element. The decision identifying the Boeing property as the location for possible emergency shelter's was decided upon by the City Council last year. Page 4 - Planning Commission 04103/13 After Planning Commission deliberation; Goldberg moved, second by Cummings, to adopt Resolution 13-4 adopting Municipal Code Amendment 13-1 regarding senior housing, single room occupancy housing, transitional and supportive housing, emergency shelters, and off-street parking with direction to staff that two changes be made — ensure that the language in Section 11.6.05.010 does not conflict with the City's current policies regarding vacation rentals and the word "hotel" be replaced with "units" in Section 11.4.05.1 ' 27. Staff will also correct the error on page eight of Municipal Code Amendment 13-1, in Section 11.6.05.010, where "due to a person's" language is repeated. AYES: Goldberg, Campbell, Cummings, Massa-Lavitt, Sloan NOES: None Motion Carried With no objections, the Chair ordered that staiY extend the mailing of notices of public hearings regarding Housing Element items at/near the Boeing property to the property owners in Heron Pointe. 3. Specific Plan Amendment 13-2 Boeing Integrated Defense Systems (BIDS) Specific Plan Area Subject: Specific Plan Amendment (SPA) 13-2 to the Boeing Integrated Defense Systems (BIDS) Specific Plan regarding emergency shelters. Recommendation: That the Planning Commission review the proposed amendment to the BIDS Specific Plan, required pursuant to the certified 2008-2014 Housing Element, and adopt the attached Resolution, Attachment W, recommending City Council adoption of the amendment and Mitigated Negative Declaration with Mitigation Monitoring and Reporting Program, Mr. Douglas provided the staff report on this item. The ordinance regarding MCA 13-1 amends the Municipal Code to allow emergency shelters. The Municipal Code references the development standards that would apply to emergency shelters and references the Boeing Specific Plan as the location within the City where they would be permitted subject to the development standards. This amendment is to the BIDS Specific Plan that would specifically allow emergency shelters as part of the regulations for the Specific Plan in three of the four planning areas. Mr. Douglas provided a map of the Boeing Specific Plan showing the four planning areas. The draft ordinance to amend the BIDS Specific Plan would allow the shelters to be located anywhere in Planning Areas 1, 2, and 3. Planning Area 4 is excluded as an option. Development standards include: • Maximum oflObeds • Minimum 300 foot separation between shelters • Management Plan required (hours, staffing, security, etc The permission of the property owner would be required to build an emergency shelter, the City does not build emergency shelters — they are built by private or non-profit entities. The property owner retains control of the property. No emergency shelter would be established unless the landowner was to sell or lease property for this purpose. There is no state law specifying number of beds, other than the general requirement that cities have to be able to accommodate the estimated number of homeless population. 10 beds was chosen because it was at the small end of the range that is typically being considered in cities in Orange County. Chair Massa-Lavitt opened the public hearing. Speakers: Seth Eaker, 13th Street, reported that the Chamber of Commerce would support staffs recommendation that Planning Area 1 be used for this purpose; in addition, he commented on Accurate Storage as commercial industrial space and the Chamber would generally support the recommendations, but would ask for consideration that light industrial/commercial be continued on this property. Marc Loopesko, Old Town, asked for clarification as to what would happen if the City denied all of these zone changes — what is the state's penalty to any given municipality. The City Attorney advised that historically the two main concerns surrounding adopting of the Housing Element are that building permits City-wide could be suspended by the state and that City-wide funding can be withheld. Mr. Douglas advised that the state has said that any city that does not implement these ordinances will not be eligible to receive certification of 2008-2014 Housing Element — the current Housing Element will be out of compliance — and the 2013- 2021 Housing Element will not be eligible for certification. Rick Bennett, Blue Heron, indicated again that neither he nor any of the neighbors he had spoken with received notice of tonight's public hearings. There were no other speakers — Chair Massa-Lavitt declared the public hearing closed. Mr. Douglas advised that the more restrictive a City is, the greater the scrutiny from the HCD. Commissioner Goldberg indicated he would prefer to limit the zoning to Planning Area 1, but if the Commission moved forward with all three planning areas then he would like to postpone the hearing until residents of Heron Pointe could attend. Commissioner Sloan concurred with Goldberg. After Planning Commission deliberation; Cummings moved, second by Campbell, to adopt Resolution 13-5 adopting Specific Plan Amendment 13-2 to add emergency shelters to list of permitted uses in the Boeing Integrated Defense Systems (BIDS) Specific Plan. AYES: Campbell, Cummings, Massa-Lavitt NOES: Goldberg, Sloan Motion Carried inmzmy TT ith no objections, Chair ffiassa-Lavitt called for a recess at 8:51 p.m. and reconvened the meeting at •1i• 4. General Plan Amendment (GPA) 13-3 Zoning Map Amendment (ZMA) 13-4 1011 Seal Beach Boulevard (Accurate Storage) Subject: General Plan Amendment and Zoning Map Amendment for a 4.5 acre parcel at 1011 Seal Beach Boulevard to implement Program la of the 2008 — 2014 Housing Element of the City's General Plan. Recommendation: That the Planning Commission review the proposed General Plan and Zoning Map amendments for the Accurate Storage property, pursuant to the certified 2008 Housing Element, and adopt the attached Resolution, Attachment W, recommending City Council adoption of these amendments and Mitigated Negative Declaration with Mitigation Monitoring and Reporting Program. Mr. Douglas indicated in the previous Housing Element cycle the City was not able to demonstrate that it had enough sites for high density housing to meet its fair-share need. In order to obtain certification of the Housing Element, the City was required to commit to adopting one or more zone changes that would create additional high density zoning to meet the minimum requirement. The City had a shortfall of 19 high density housing units. The City was required to identify a site(s) that could accommodate at least 19 housing units. There was a lengthy vetting process reviewing a variety of sites, including the Shops at Rossmoor and the Boeing property. The Accurate Metals, now Accurate Storage, property is 4.5 acres in size and an environmental review was done and a mitigated negative declaration was posted for the project. The environmental review that was done was for the maximum development that could occur, which is for 90 residential units — derived from 4.5 acres times 20 units per acre, which is the maximum density allowed in the RHD zone. This amendment would allow the owner to redevelop to residential should he so choose. A traffic study was done for the project and concluded that if the project were developed at the maximum 90 unites there would be no significant traffic impacts. Chair Massa-Lavitt opened the public hearing. Speakers: Jim Caviola, Ocean Avenue, indicated he felt developing 90 units was too many when only 19 were required, another location should be found for this requirement, and that Heron Pointe should have been notified of this hearing. Another speaker also felt 90 units were too many when only 19 were required. Two other speakers were opposed to the item before the Commission and felt another location should be found. Michelle Gamble, Blue Heron, indicated that neither she nor any of the neighbors she had spoken with received notice of tonight's public hearings. She also opposed the item before the Commission. IIIIIIIIIIII !!! 111111 Alisha Patterson, Rattan & Tucker, spoke as the representative for the property owner. The owner of the property supports the rezoning of the property to residential on the condition that MCA 13-5 be adopted, allowing him to continue using his property for industrial use purposes. There were no other speakers — Chair Massa-Lavitt declared the public hearing closed. Chair Massa-Lavitt indicated she felt the Shops at Rossmoor parking lot is a better site for this purpose. Staff indicated that the radius point used for the public hearing notice included homes in Heron Pointe towards the end of the cul- de-sac. After Planning Commission deliberation; Goldberg moved that the public hearing be deferred to the next meeting — motion failed as no second was made. Sloan moved that Resolution 13-6 be approved with the recommendation to City Council that the property be zoned for both high density residential (limited to what is required in the Housing Element) and low density residential use — motion failed as no second was made. Goldberg moved that Resolution 13-6 be denied and recommend to the City Council that Boeing create a Planning Area 5 (one acre) for the purpose of zoning for residential units — motion failed as no second was made. Campbell moved, second by Cummings, to adopt Resolution 13-6 adopting General Plan Amendment 13-3 and Zoning Map Amendment 13-4 and Mitigated Negative Declaration with Mitigation Monitoring and Reporting Program regarding the property located at 1011 Seal Beach Boulevard and designating said property for Residential High Density Use. AYES: Campbell, Cummings NOES: Goldberg, Massa-Lavitt, Sloan Motion Failed No other motion was made; therefore, the item is forwarded to City Council as a recommendation for approval pursuant to Section 11.5.15.020 of the Seal Beach Municipal Code. 5. Municipal Code Amendment (MCA) 13-5 [Citywide] Subject: Municipal Code Amendment (MCA) 13-5 regarding non- conforming uses Recommendation: That the Planning Commission review the proposed amendment to the Municipal Code regarding the standards and procedures for non-conforming uses, and adopt the attached Resolution, Attachment W, recommending City Council adoption of the amendment. Mr. Douglas reported that this item reflects the City's desire to move forward with the Accurate Storage site in a manner that the property owner can support. MCA 13-5 indicates that non-conforming uses may continue indefinitely even though they do not conform to the zoning. Chair Massa-Lavitt opened the public hearing. Speakers: Alisha Patterson, Rattan & Tucker, spoke as the representative for the property owner. MCA 13-5 is important to the owner so that he can continue using his property for industrial use purposes. There were no other speakers — Chair Massa-Lavitt declared the public hearing closed. After Planning Commission deliberation; Sloan moved, second by Cummings, to adopt Resolution 13-7 adopting Municipal Code Amendment 13-5 regarding nonconforming uses and structures. AYES: Goldberg, Campbell, Cummings, Massa-Lavitt, Sloan NOES: None Motion Carried DIRECTOR'S REPORT The Director of Community Development stated that the Request for Proposal deadline for the Local Coastal Program deadline passed; proposals were received, interviews will be held, and Staff will recommend action to the City Council in the near future. The deadline for the Request for Proposal for the restaurant space at the end of the pier ends April 12t'. Several interested parties have contacted the property management company and indicated they will HOW= COMMISSION CONCERNS Staff was asked to provide each Commissioner with the sections of the Municipal Code relevant to planning. Staff was asked to look at improving the process of noticing for public hearings — consider placing'/ page ads in the "Sun". ADJOURNMENT With no objections, Chair Massa-Lavitt adjourned the Planning Commission meeting at 10:22 p.m. Attest: 101 Deputy City Clerk Deputy City Clerk N_OTICE.* The following document has not been approved for accuracy and may be corrected, modified or amended before final approval. Because it is being made available prior to final action, it should not be considered a true record of the meeting. It is not the official Minutes of the Planning Commission and cannot be relied on or used as an official record of the proceedings. Although the Cfty of Seal Beach makes every effort to see that proper notes are taken at a meeting, and although draft Minutes are generally approved as submitted, changes and corrections are sometimes made before a final version is approved. The City therefore makes no warranty, expressed or implied, as to the contents of this document. Once Official Minutes have been approved, a copy can be obtained from the City Clerk.