HomeMy WebLinkAboutItem 6PLANNING COMMISSION
STAFF REPORT
TO: Planning Commission
FROM: Acting Director of Community Development
DATE: February 21, 2017
ITEM
NUMBER
SUBJECT: ZONE TEXT AMENDMENT 17 -2 REGARDING
RESIDENTIAL DEVELOPMENT STANDARDS IN THE
RHD -20 ZONE
LOCATION: Residential High Density -20 (RHD -20) Zone
RECOMMENDATION: That the Planning Commission hold a public hearing
regarding Zone Text Amendment 17 -2 and after
considering all evidence and testimony presented adopt
the draft resolution recommending approval of Zone Text
Amendment 17 -2 to the City Council
ENVIRONMENTAL ASSESSMENT:
This ordinance (Zone Text Amendment 17 -2) is exempt from review under the California
Environmental Quality Act (California Public Resources Code §§ 21000, et
seq., "CEQA ") and CEQA regulations (14 California Code of Regulations §§ 15000, et
seq.) because the amendment adds text to further clarify the front yard setbacks for
properties abutting Seal Way in the RHD -20 (Residential High Density -20) zoned district
to correct an inadvertent error; consists only of minor revisions and clarifications to
existing regulations and specification of procedures related thereto; and consists of
actions taken to assure the maintenance, protection and enhancement of the
environment. The amendment therefore does not have the potential to cause significant
effects on the environment. Consequently, it is categorically exempt from further CEQA
review under 14 Cal. Code Regs. §§ 15301, 15305, and 15308, actions in compliance
with the requirements of CEQA.
Zone Text Amendment 17 -2
February 21, 2017
LEGAL NOTIFICATION:
Legal notice of the Public Hearing was published in the Sun Newspaper on February 9,
2017. An affidavit of publication is on file.
ANALYSIS:
On October 25, 2010, the City Council adopted a comprehensive update of the City's
Zoning Code. The Zoning Code was previously titled "Chapter 28" but was re- enacted
as "Title 11" to correspond with the Seal Beach Municipal Code format that had been
updated in 2004. Staff Reports presented to the City Council and Planning Commission
during the 2010 Title 11 public hearing process stated that the intent of the revisions
were to reflect the most appropriate development standards to address future
development in the City. The explanation further stated that a comprehensive revision
had not been undertaken since 1974 and the significant changes proposed involved
incorporating standards that did not exist in the Zoning Code. The staff reports
specifically stated, "The proposed Title 11, Zoning, does not change standards for basic
lot size, density and building intensity, setback, lot coverage, height, parking, and sign
regulations of the current Zoning Code."
As reflected in these staff reports, the intent of the 2010 Title 11: Zoning Code revision
was not to change existing residential development standards. However, in reformatting
the development standards from written text in Chapter 28 into a table for Title 11, some
standards were inadvertently changed. One such change was the setback requirement
for properties facing Seal Way. Chapter 28 previously allowed properties abutting Seal
Way to have a setback of 0 (zero) feet from Seal Way. In formatting all development
standards into a table for Title 11, this specific provision appears to have been
inadvertently left out.
The inadvertent omission made many of the properties along Seal Way nonconforming.
The nonconforming designation restricts improvements that can be made to these
properties. Nonconforming properties are required to submit an application for Planning
Commission approval before making improvements to their properties. This
nonconforming designation adds another step and additional restrictions that were not
previously required under Chapter 28 nor intended by the 2010 reorganization of the
Zoning Code.
Chapter 28 recognized that the area along Seal Way is a unique area within the RHD -
20 zone and set a specific development standard to reflect this. The 2010 Title 11:
Zoning Code revision also intended to recognize this uniqueness by maintaining the
identical setback regulations and other development standards of Chapter 28. The
amendments proposed in the Draft Ordinance are intended to remedy the unintended
omission of the zero setback standard from the RHD -20 development standards for
properties abutting Seal Way without altering the existing standards applicable to the
rest of the RHD -20 zone.
Page 2 of 3
Zone Text Amendment 17 -2
February 21, 2017
CONCLUSION:
Staff recommends that the Planning Commission hold a public hearing and after
considering all evidence and testimony presented adopt the attached resolution
recommending approval of Zone Text Amendment 17 -2 to the City Council.
Prepared by:
sta nda
cting Dire eee,7016Community Development
Attachments:
1. Resolution No. 17 -5 with Draft Ordinance
Page 3 of 3
RESOLUTION NO. 17 -5
A RESOLUTION OF THE SEAL BEACH PLANNING
COMMISSION RECOMMENDING ADOPTION OF ZONE
TEXT AMENDMENT 17 -2 REGARDING RESIDENTIAL
DEVELOPMENT STANDARDS FOR PROPERTIES
ABUTTING SEAL WAY IN THE RHD -20 ZONE
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
FIND AND RESOLVE
Section 1. On February 21, 2017 the Planning Commission held a duly noticed public
hearing to consider Zone Text Amendment 17 -2, which would amend Title 11 Table
11.2.05.15 and Section 11.2.05.015.D of the Seal Beach Municipal Code regarding front
yard setbacks of properties abutting Seal Way in the RHD -20 zoning classification as
set forth in the draft ordinance included as Attachment "A ".
Section 2. This ordinance (Zone Text Amendment 17 -2) is exempt from review under
the California Environmental Quality Act (California Public Resources Code §§ 21000,
et seq., "CEQA ") and CEQA regulations (14 California Code of Regulations §§ 15000, et
seq.) because the amendment adds text to further clarify the front yard setback for
properties abutting Seal Way in the RHD -20 (Residential High Density -20) zoned district
to correct an inadvertent error; consists only of minor revisions and clarifications to
existing regulations and specification of procedures related thereto; and consists of
actions taken to assure the maintenance, protection and enhancement of the
environment. The amendment therefore does not have the potential to cause significant
effects on the environment. Consequently, it is categorically exempt from further CEQA
review under 14 Cal. Code Regs. §§ 15301, 15305, and 15308, actions in compliance
with the requirements of CEQA.
Section 3. The Planning Commission recommends that the City Council adopt Zone
Text Amendment 17 -2.
PASSED, APPROVED AND ADOPTED by the Seal Beach Planning Commission at a
meeting thereof held on February 21, 2017 by the following vote:
AYES: Commissioners
NOES: Commissioners
ABSENT: Commissioners
ABSTAIN: Commissioners
r_1169=611A
Crystal Landavazo
Planning Commission Secretary
Deb Machen
Chairperson
Ordinance Number XXXX
ATTACHMENT A
DRAFT ORDINANCE
ZONE TEXT AMENDMENT 17 -2
2
Ordinance Number XXXX
ORDINANCE NO. XXXX
AN ORDINANCE OF THE CITY OF SEAL BEACH ZONE TEXT
AMENDMENT 17 -2 AMENDING TITLE 11 REGARDING
RESIDENTIAL DEVELOPMENT STANDARDS
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS
FOLLOWS:
Section 1. Table 11.2.05.015 of the Seal Beach Municipal Code is hereby
amended as follows:
TABLE 11.2.05.015
DEVELOPMENT STANDARDS FOR RESIDENTIAL DISTRICTS
Supplemental
RLD -9
RLD -15
RMD -18
RHD -20
RHD -33
RHD-48
Regulations
Density /Intensity of Use — Lot Dimensions
One unit per
One unit
See Section
5,000 sq ft.
per 31000
One unit
One unit
One unit
One unit
11.4.05.115 for
of lot area,
sq. ft. of
per 2,500
per 2,178
per 1,350
per 960 sq.
Second Dwelling
Maximum Density
plus a
lot area,
sq. ft. of lot
sq. ft. of lot
sq. ft. of
ft. of lot
Unit standards.
"Second
plus a
area
area
lot area
area
See Subsection A
Unit"
Second
for Surfside
Unit'
Standards
Maximum Density
See Chapter
with Slate
11.4.55:
Affordable
Affordable
Housing Bonus
Housing Bonus
(dulac
Minimum Lot Area
(sq. ft.)
Interior Lots
5,000
3,000
5,000
2,500
5,000
5,000
Comer Lots
5,500
3,000
5,500
2,500
5,500
5,500
Nonresidential
10,000
10,000
10,000
10,000
10,000
10,000
Uses
Minimum Lot Size
(ft. )
Interior Lots
50 x 100
30 x 80
50 z 100
25 x 100
50 x 100
50 x 100
Corner Lots
55 x 100
35 x 80
50 x 100
25 x 100
55 x 100
55 x 100
Minimum Floor Area
(sq. ft.)
Primary Dwelling
11200
1,200(E)
950
950
950
950
L -1
Unit
Efficiency Second
150
150
150
150
150
150
L -1
Unit
1- Bedroom
400
400
400
400
400
400
L -1
Second Unit
3
Ordinance Number XXXX
TABLE 11.2.05.015 (Continued)
DEVELOPMENT STANDARDS FOR RESIDENTIAL DISTRICTS
Supplemental
RLD -9
RLD -15
I RMD -18
RHD -20
RHD -33
RHD -46
Regulations
Density/Intensity of Use — Lot Dimensions (Continued)
Maximum Floor Area
for Second Units
2 +- Bedroom
600
600
600
--
—
--
Second Unit
Maximum Floor Area
for Second Units
Detached Second
800 sq. ft
800 sq. ft
800 sq. ft
—
—
--
Unit
Attached Second
30% of
30% of
30% of
Unit
primary unit
primary
unit
primary unit
_
_
_
Maximum Lot
(g)
67
50
75 (B)
60
80
(B)
Coverage ( %)
Substandard Lot
Yes
Yes
Yes
Yes
Yes
Yes
(C)
Standards
Building Forth and Location
Minimum Yards (ft.)
Average 12;
Front — Minimum
(D)
(E)
Average 12;
Minimum
18
18
(D)(E); L -3
Minimum 6
Ll
10% of lot
10% of lot
10% of
of width;
10% of lot
Interior Side —
(D)
(E)
width; 3
width; 3 ft.
3 ft
width; 3 ft.
(D)(E)
Minimum
minimum; ;
minimum;
minimum;
minimum;
10 ft.
10 ft.
10 ft.
10 ft,
maximum
maximum
maximum
maximum
Corner Side —
15% of lot
15% of lot
15% of lot
15% of
lot width;
15% Of lot
width; 10 ft.
(E)
width; 10 ft.
width; 10 ft.
10 ft.
width; 10 ft.
(E)
Minimum
maximum
maximum
maximum
maximum
maximum
5 ft.; but
When
24 ft.
24 ft.
Rear
10
(E)
abutting an
Minus width
Minus
(E)
alley 24 ft.
of the alley.
width of
minus width
the alley.
of the alley.
Main Building Envelope
Flood Zone Heights
Yes
Yes
Yes
Yes
Yes
Yes
(F)
25
Maximum Height (ft.)
(not to exceed
25 (G)
25 (E)
(G)
two stories]
35
35
(G) (E)
Maximum Height of
Downslope Skirt Walls
6
6
6
6
6
6
(H)
(ft.)
Projections
Yes
Yes (E)
Yes
Yes
Yes
Yes
(1) (E)
El
Ordinance Number XXXX
TABLE 11.2.05.015 (Continued)
DEVELOPMENT STANDARDS FOR RESIDENTIAL DISTRICTS
Supplemental
RLD -9
RLD -15
RMD -18
RHD -20
RHD -33
RHD-46
Regulations
Main Building Envelope
Minimum Distance
Between Buildings on
6
6
6
6
6
10 -20
(J)
the Same Lot (ft.)
Minimum Court
_
_
15
15
Dimensions (ft.)
Building Design
Exterior Stairways
Yes
Yes
Yes
Yes
No
No
L -2
Prohibited
Porches
Yes
—
--
Yes
—
--
(K)
Vehicle Accommodation
Off - Street Parking
See Chapter 11.4.20: Off - Street Parking and Loading
and Loading
Maximum Number of
Curb Cuts for
1 (L)
1
1
1
1
1
(L)
Driveway
Maximum Width of
18
—
--
—
—
--
(M)
Driveway (ft.)
Limitations on
Parking and Garage
Yes
Yes
Yes
Yes
Yes
Yes
(N)
Frontage
Landscaping and Open Space
Minimum Permeable
60/50
60/50
60/50
60/50
60/50
60/50
(0)
Surface/Maximum
Paving in Street —
Facing Yards ( %)
(E), (
Minimum Site Area
25
15 (E)
15
Yes
15
15
See also Section
Devoted to
11.4.30.015
Landscaping ( %)
Planting Required on
Yes
Yes
Yes
Yes
Yes
Yes
(Q)
Downslope Lots
Pedestrian
Yes
Yes
Yes
Yes
(R)
Walkways
Other Development Standards
Accessory
Yes
Yes
Yes
Yes
Yes
Yes
See Section
Structures
11.4.05.100
2 -Story Cabanas/
Manufactured
--
'"
--
--
Yes
--
(S)
Homes
Roof Decks
Yes
--
Yes
Yes
Yes
Yes
(T)
Solar Access
Yes
Yes
Yes
Yes
Yes
Yes
See Section
11.4.10.045
Ordinance Number XXXX
TABLE 11.2.05.015 (Continued)
DEVELOPMENT STANDARDS FOR RESIDENTIAL DISTRICTS
Supplemental
RLD -9
RLD -15
RMD -18
RHD -20
RHD -33
RHD -46
Regulations
Other Development Standards (continued)
Walls and Fences
Yes Yes
Yes
Yes
Yes
Yes
See Chapter 11.4.15
General Site
Standards
See Chapter 11.4.10: General Site Standards
Landscaping and
Buffer Yards
See Chapter 11.4.30: Landscaping and Buffer Yards
Signs
See Chapter 11.4.25: Sign Regulations
Nonconforming
Structures
See Chapter 11.4.40: Nonconforming Uses, Structures, and Lots
Coastal
Development Permit
See Chapter 11.4.35: Coastal Development Permit
Reasonable
Accommodations
See Chapter 11.5.30: Reasonable Accommodations
LA: Second Units are not allowed in the RHD -20 District located in Old Town.
L -2: Exterior stairways providing access from the ground level and /or the first floor to the second floor or above are prohibited
when such stairways are not specifically required by the California Building Code. Exterior stairways may be permitted
through the building permit process in the RLD -9 district on properties with a second story kitchen existing as of March 9,
1998. In such a case, a covenant shall be recorded on the title of the property stipulating the property is to be used only as
a Single -Unit dwelling. Exception: Exterior stairways may be permitted on Single -Unit dwellings located within identified
flood zones upon approval of an Administrative Use Permit pursuant to Chapter 11.5.20: Development Permits.
L -3: Refer to Appendix A — City Council Approved Blanket Setback Variances
Section 2. Section 11.6.05.010 of the Seal Beach Municipal Code are hereby
amended as follows:
D. RLD-9 Omstr*Gt—Minimurn Front and Interior Side Yards. IR the ...
1. RLD -9 District. Front Yard. In the RLD -9 District the minimum front yard is
18 feet for a front entry garage and 10 feet for a side entry garage except for
the RLD -9 District area along Ocean Avenue between First Street and Eighth
Street, which is not allowed side entry garages.
2. RLD -9 District. Interior Side Yard. In the RLD -9 District the minimum interior
side yard is 5 feet except for the RLD -9 District area along Ocean Avenue
between First Street and Eighth Street, which has a 10% of lot width interior
side yard setback and a minimum interior side yard of 3 feet. The RLD -9
District area in Surfside Colony is regulated by Table 11.2.05.015.A.1.
3. RHD -20 District. Properties Abutting Seal Way. In the RHD -20 District the
minimum front yard for properties abutting Seal Way is 0 (zero) feet.
Section 3. 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
W
Ordinance Number XXXX
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 one or more sections, subsections,
subdivisions, paragraphs, sentences, clauses or phrases be declared invalid.
Section 4. 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 meeting thereof held on the day of 2017.
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss
CITY OF SEAL BEACH }
I, Robin Roberts, 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
2017 and was passed, approved, and adopted by the City Council at a regular
meeting held on _ day of 2017 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Membe
and do hereby further certify that Ordinance Number XXXX has been published
pursuant to the Seal Beach City Charter and Resolution Number 2836.
City Clerk
7