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HomeMy WebLinkAboutItem NJ May 10, 1999 % O i STAFF REPORT: v To: Mayor and Members of the City Council Attention: Keith R. Till, City Manager From: Lee Whittenberg, Director Department of Development Services Subject: ZONE TEXT AMENDMENT 99-1 Amend the Zoning Ordinance to specify the permitted number of stories within the various commercial zones of the City RECOMMENDATION The Planning Commission recommends the City Council approve Zone Text Amendment 99-1. Should the City Council determine to approve Zone Text Amendment 99-1 as recommended, staff has prepared the appropriate ordinance for introduction by the City Council. REQUEST To consider an amendment to specify the permitted number of stories within the various commercial zones of the City. This amendment proposes the following story limitations: o Professional Office (CO) Zone - 3 stories o Main Street Specific Plan (MSSP) Zone - 2 stories o Service Commercial (C-1) Zone - 3 stories o General Commercial (C-2) Zone - 3 stories Currently these zoning districts have height limitations varying from 30 to 35 feet, but have no limitation as to the number of stories within those permitted heights. This amendment would specify the permitted number of stories within the identified zoning districts. At present, a moratorium is in effect prohibiting third -story construction within the Main Street Specific Plan zone, pending further action by the City. AGENDA ITEM c:atyo�Trk9masuffRVp-Cwmn�suyUmiwi dx\LW�2C,9 City Council StaffReport Zoning TexrAmendment 99-1 Story Limitation in Commercial Zones May 10, 1999 BACKGROUND On June 30, 1998, the City Council conducted a public hearing on Interim Ordinance No. 1432, the consideration of an extension of a moratorium regarding 3 - story structures within the Main Street Specific Plan Area. At the conclusion of the public hearing, the City Council extended the subject ordinance until May 15, 1999. Provided below is a summary of the prior considerations of the City Council and Planning Commission leading up to that action of the City Council: o The City Council conducted a public hearing on June 22 to consider an extension of Interim Ordinance 1432 regarding a moratorium for three-story buildings within the Main Street Specific Plan Area. After receipt of public testimony and discussion among the City Council, it was determined to continue the public hearing to June 30 at 4:00 PM. a On June 17, 1998, staff presented a report to the Planning Commission regarding the City Council actions of May 26, 1998 in adopting an interim ordinance prohibiting three-story commercial structures within the Main Street Specific Plan Area. The Planning Commission forwarded recommendations to the City Council. o On May 26, 1998, staff presented a report to the City Council regarding new residential uses and height limitations. A portion of the consideration by the City Council was regarding the allowable number of stories for commercial buildings within the Main Street Specific Plan Area. The City Council adopted Ordinance No. 1432 as an interim ordinance, effective immediately and only for a period of forty-five (45) days. E3 On April 7, 1999 the Planning Commission conducted a public hearing regarding the proposed Zone Text Amendment, and after concluding the public hearing, adopted Planning Commission Resolution No. 99-8, recommending approval of the Zone Text Amendment to the City Council. o The matter is now before the City Council for consideration. DISCUSSION The proposed text amendment would specify the permitted number of stories within the various commercial zones of the City. This amendment proposes the following story limitations: o Professional Office (CO) Zone - 3 stories o Main Street Specific Plan (MSSP) Zone - 2 stories o Service Commercial (C-1) Zone - 3 stories o General Commercial (C-2) Zone - 3 stories 99-1 CC Staff Report - Commercial Story Limitations 2 City Council StafJReporl Zoning Text Amendment 99-1 Story Limitation in Commercial Zones May 10, 1999 Currently these zoning districts have height limitations varying from 30 to 35 feet, but have no limitation as to the number of stories within those permitted heights. This amendment would specify the permitted number of stories within the identified zoning districts. At present, a moratorium is in effect prohibiting third -story construction within the Main Street Specific Plan zone, pending further action by the City. This zone test amendment will address the concerns of Interim Ordinance No. 1432. The Limited Commercial Zone currently specifies story limitations, as do all of the residential zones of the City. The Limited Commercial zone is a mixed-use zone, allowing both residential and commercial uses within the same structure, and the story limitations are the same as for the various residential zones of the City. The issue of the number of stories was initially generated by a concern regarding commercial developments along Main Street, by which it is possible to develop a three-story structure within the permitted 30 -foot height limitation. This same situation would exist within the remaining commercial zones, which have height limitations 30 or 35 feet. The major issue for consideration is the potential land use intensification that could occur if there are no story limitations within the various commercial zone areas of the City. Following is a general overview of the issue for each of the commercial zones within the City: Main Street Specific Plan Zone: This issue is a particular concem within the Main Street Specific Plan area, which is highly impacted by tourism, and has been the subject of the establishment of the Main Street Specific Plan regulations, after many years of study. Allowing structures the ability to provide a third story within this area of the City could increase the parking demand by 1/3, further increasing the demand on existing public and private parking areas. For those reasons, staff is recommending a limitation of 2 -stories within the Main Street Specific Plan area, which is the general development maximum within the area. This amendment would basically maintain the status quo within the Main Street Specific Plan area, including the existing in -lieu parking program requirements. CO. GI and C-2 Commercial Zones: The building heights within these zones are either 30 or 35 feet. Since these zones are not located within the primary tourist area of the City, and lot sizes are more compatible with current commercial development standards, staff is recommending the ability to develop three story structures within these zones. In all of these zones, the off-street parking requirements are based on the square footage of the proposed building. As the building becomes larger, by adding an additional story, the developer is required to provide additional off-street parking. Within these zones all of the required parking must be provided on the site or the building permits will not be issued. The in -lieu parking program is not available within these commercial zones. 99-1 CC Staff Report -Commercial Story Limitations 3 City Council Staff Report Zoning TestAmendment 99-1 Story Limitation in Commercial Zones May 10, 1999 Mezzarr : Section 507 of the 1994 Uniform Building Code, adopted by the City, stipulates that a mezzanine need not be counted as a story for determining the allowable number of stories when constructed in accordance with certain standards. Staff would also recommend that mezzanine's be prohibited within the Main Street Specific Plan area due to the potential land uselparking utilization intensification issues discussed above. Within the other commercial zones, staff would recommend that a mezzanine be permitted in accordance with the provisions of the 1994 Uniform Building Code. e Whittenberg, Director Department of Development Services Attachments: (5) NOTED AND APPROVED k Keith R. Till City Manager Attachment 1: Proposed Ordinance Proposed Ordinance No. An Ordinance Of The City Of Seal Beach Amending Chapter 28 (Zoning) Of The Code Of The City Of Seal Beach Regarding Height Provisions Of All Commercial Zones Within The City To Specify A Maximum Number Of Stories (Zone Tent Amendment 99-1) Attachment 2: Planning Commission Resolution 99-8, A Resolution Of The Planning Commission Of The City Of Seal Beach Recommending To The City Council Approval Of Zoning Text Amendment 99-1, Amending The Height Provisions Of All Commercial Zones Within The City To Specify A Maximum Number Of Stories Attachment 3: Planning Commission Minutes, April 7, 1999 Attachment 4: Planning Commission Staff Report, April 7, 1999 Attachment 5: Existing Code Sections 99.1 CC Staff Report • Commercial Story Limitations 4 City Council Staff Report Zoning TeztAmendment 99-1 Story Limitation in Commercial Zones May 10, 1999 ATTACHMENT 1 PROPOSED ORDINANCE NO. , AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING CHAPTER 28 (ZONING) OF THE CODE OF THE CITY OF SEAL BEACH REGARDING HEIGHT PROVISIONS OF ALL COMMERCIAL ZONES WITHIN THE CITY TO SPECIFY A MAXIMUM NUMBER OF STORIES (ZONE TEXT AMENDMENT 99-1) 99-1 CC Staff Report - Commercial Story Limitations 5 City Council Staff Report Zoning TextAmendment 99-1 Story Limitation in Commercial Zones May 10, 1999 ATTACHMENT 2 PLANNING COMMISSION RESOLUTION NUMBER 99 - 8, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ZONING TEXT AMENDMENT 99-1, AMENDING THE HEIGHT PROVISIONS OF ALL COMMERCIAL ZONES WITHIN THE CITY TO SPECIFY A MAXIMUM NUMBER OF STORIES 99-1 CC Staff Report - Commercial Story Limitations 10 RESOLUTION NUMBER 99- 8 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ZONING TEXT AMENDMENT 99-1, AMENDING THE HEIGHT PROVISIONS OF ALL COMMERCIAL ZONES WITHIN THE CITY TO SPECIFY A MAXWUM NUMBER OF STORIES THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. At its meeting of April 7, 1999, the Planning Commission considered and approved Zoning Text Amendment 99-1. This amendment would establish the following story limitations: o Professional Office (CO) Zone — 3 stories o Main Street Specific Plan (MSSP) Zone — 2 stories o Service Commercial (C-1) Zone — 3 stories o General Commercial (C-2) Zone — 3 stories Section 2. Pursuant to 14 Calif. Code of Regs. § 15305 and § I1.B of the City's Local CEQA Guidelines, staff has determined as follows: The application for Zoning Text Amendment 99-1 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif Code of Regs. § 15305 (Minor Alterations in Land Use Limitations), because it consists of minor alterations in land use limitations in average slope of less than 20% and does not result in any changes in land use or density; § 15268 (Ministerial Projects) because the proposed Zoning text amendment is ministerial in nature; and, pursuant to § 15061(6x3), because it can be seen with certainty that there is no possibility that the approval may have a significant effect on the environment. Section .' A duly noticed public hearing was held by the Planning Commission on April 7, 1999 to consider Zone Text Amendment 99-1. Section 4. The record of the hearing of April 7, 1999 indicates the following: C:Wy mxamml WSQZTAMLPC R..d.\LM0"8A9 Planning Commission Resolution No. 99-8 Zone TeztAmendmeni 99-1 Number of&ories in Commercial Zones April 7, 1999 (a) At said public hearing there was oral and written testimony and evidence received by the Planning Commission. (b) The proposed text amendment will revise the City's zoning ordinance and enhance the ability of the City to ensure orderly and planned development in the City through an amendment of the zoning requirements. (c) Currently the commercial zoning districts have height limitations varying from 30 to 35 feet, but have no limitation as to the number of stories within those permitted heights. This amendment would specify the permitted number of stories within the identified zoning districts. At present, a moratorium is in effect prohibiting third - story construction within the Main Street Specific Plan zone, pending further action by the City. Section 5. Based upon the facts contained in the record, including those stated in §4 of this resolution and pursuant to §§ 28-2600 of the City's Com, the Planning Commission makes the following findings: (a) Zoning Text Amendment 99-1 is consistent with the provisions of the various elements of the City's General Plan. Accordingly, the proposed use is consistent with the General Plan. The proposed amendment is administrative in nature and will not result in changes inconsistent with the existing provisions of the General Plan. (b) The proposed text amendment will revise the City's zoning ordinance and enhance the ability of the City to ensure orderly and planned development in the City through an amendment of the zoning requirements. Specifically, the commercial zoning districts have height limitations varying from 30 to 35 feet, but have no limitation as to the number of stories within those permitted heights. This amendment would specify the permitted number of stories within the identified zoning districts. At present, a moratorium is in effect prohibiting third -story construction within the Main Street Specific Plan zone, pending further action by the City. Section 6. Based upon the foregoing, the Planning Commission hereby recommends approval of Zoning Text Amendment 99-1 to the City Council as set forth on Exhibit A, attached to this resolution and incorporated herein. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 7ib day of April , 1999, by the following vote. ZTA 99.[.PC Rm Pimning Commission Resolution No. 99-8 Zone TextAmendment 99-1 Number of Stories in Commercial Zones April 7, 1999 AYES: Commissioners Cutull, Hood, Larson, Lyon and Chairman Brown NOES: Commissioners None ABSENT: Commissioners None BriinM. Brown, MD Chairman of the Planning Commission A/ *retaryv tenberg ofthe Planning Commi Sion ZTA ".I.n R. Planning Commission Resoluhon No. 99-8 Zoite TewAmendment 99-1 Number of Stones in Commercial Zones April 7, 1999 "EXHIBIT A" Article 12, Section 28-1202. General Provisions, Lot Size, Open Space, Bulk and Yards, is revised to read as follows: "(4) Maximum Height, Main Building DistrictI............................................................................................................. 30 ft. DistrictD............................................................................................................35 ft. No structure shall exceed 3 stories in height" 2. Article 12.5, Section 28-1252. General Provisions, Lot Size, Open Space, Bulk and Yards, is revised to read as follows: "(4) Maximum Height, Main Building 30 feet maximum Any portion of structure greater than 20 feet in height must be set back from street fagade a minimum of 10 feet. No structure shall exceed 1 stories in height and Section 507 of the Uniform Building Code shall not be applied within this zoning designation" 3. Article 13, Section 28-1302. General Provisions, Lot Size, Open Space, Bulk and Yards, is revised to read as follows: "(4) Maximum Height, Main Building DistrictI.............................................................................................................30 ft. DistrictD............................................................................................................35 ft. No structure shall exceed.? stories in height" 4. Article 14, Section 28-1402. General Provisions, Lot Size, Open Space, Bulk and Yards, is revised to read as follows: "(4) Maximum Height, Main Building DistrictI............................................................................................................ 30 ft. DistrictII.............................................................................................................35 ft DistrictB............................................................................................................35 ft. No structure shall exceed 3 stories in height" LTA ".1.K Ren City Council StafjReport Zoning TW Amendirent 99-1 Story Limitation in Commercial Zones May 10, 1999 ATTACHMENT 3 PLANNING COMMISSION MINUTES APRIL 7,1999 99-1 CC Staff Report- Commercial Story Limitations 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 City of Seal Beach Planning Commission - Minutes of the April 7, 1999 Meeting 8. Zone Text Amendment 99-1 Citywide City of Seal Beach (applicant) 32T Staff Report Mr. Whittenberg delivered the staff report. (Staff report on file in the Planning Department for inspection.) The application came about due to a concern for a three story building that is currently under construction on Main Street. The Code does not specify a story limitation for commercial districts, only a height limit exists. Within the residential zones, there are provisions for the maximum number of stories and height. Staff is recommending the language of the ordinances by clarified and that a maximum number of stories limitation be added. A two-story limitation is recommended on Main Street due the lack of parking and the primary tourist nature of the area. Within the other zones a three-story limit would be appropriate. The issue of mezzanines is discussed in the report and that they should not be allowed in the Main Street area. Staff is recommending approval of the application. Commissioner Larson asked how this would affect covered roof access structures. Mr. Whittenberg explained that this would not change those provisions of the ordinance. This ordinance would not change the height, but only limit the number of stories. Commissioner Larson also asked about cellars and basements. Mr. Whittenberg replied that the Building Code has specific definitions regarding these building features. Commission Questions to Staff Chairman Brown asked about the mezzanine provision. Mr. Whittenberg pointed out the code section that relates to it. Public Hearing Chairman Brown opened the public hearing. David Rosenman • 8th Street Mr. Rosenman asked where these provisions would specifically apply and gave background information to this question in that three stories is out of scale for Main Street. Chairman Brown closed the public hearing Mr. Whittenberg explained where the different areas are located in the City and how the proposed regulations would apply. Commission Deliberation No further Commissioner discussion. MOTION by Larson; SECOND by Hood to approve Zone Text Amendment 99-1 and Planning Commission Resolution 99-8. Page 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 City of Seal Beach Planning Commission - Minutes of the April 7, 1999 Meeting MOTION CARRIED: 5-0 AYES: Brown, Cutuli, Hood, Larson and Lyon NOES: None STAFF CONCERNS Mr. Whittenberg introduced the new Assistant Planner, Mr. Mac Cummins. DRAFT Chairman Brown had a question regarding the proposed deck ordinance (ZTA 96-1) and how that came about before City Council. Chairman Brown also had a question about a second story patio at a Main Street apartment and stated how good the trees along Ocean Avenue look. Commissioner Cutuli explained that he had called Mr. Whittenberg regarding his absence at the last meeting. He stated that he had left a message prior to his vacation stating that he would not be able to attend. Mr. Whittenberg apologized that he did not recall receiving Commissioner Cutuli's message. MOTION to excuse Commissioner Cutuli s absence at the last meeting of March 17, 1999. MOTION CARRIED: 4-0-1 AYES: Brown, Hood, Larson and Lyon ABSTAIN: Cutuli ADJOURNMENT Chairman Brown adjourned the meeting at 10:22 p.m. Page 15 City Council Staff Report Zoning TeztAmendment 99-1 Story Limitation in Commercial Zones May 10, 1999 ATTACHMENT 4 PLANNING COMMISSION STAFF REPORT APRIL 7, 1999 99-1 CC Staff Report - Commercial Story Limitations 16 April 7, 1999 STAFF REPORT To: Honorable Chairman and Planning Commission From: Department of Development Services Subject: ZONE TEXT AMENDMENT 99-1 Amend the Zoning Ordinance to specify the permitted number of stories within the various commercial zones of the City REQUEST To consider an amendment to specify the permitted number of stories within the various commercial zones of the City. This amendment proposes the following story limitations: o Professional Office (CO) Zone — 3 stories ❑ Main Street Specific Plan (MSSP) Zone — 2 stories o Service Commercial (C-1) Zone — 3 stories ❑ General Commercial (C-2) Zone — 3 stories Currently these zoning districts have height limitations varying from 30 to 35 feet, but have no limitation as to the number of stories within those permitted heights. This amendment would specify the permitted number of stories within the identified zoning districts. At present, a moratorium is in effect prohibiting third -story construction within the Main Street Specific Plan zone, pending further action by the City. BACKGROUND On June 30, 1998, the City Council conducted a public hearing on Interim Ordinance No. 1432, the consideration of an extension of a moratorium regarding 3 - story structures within the Main Street Specific Plan Area. At the conclusion of the public hearing, the City Council extended the subject ordinance until May 15, 1999. Provided below is a summary of the prior considerations of the City Council and Planning Commission leading up to that action of the City Council: o The City Council conducted a public hearing on lune 22 to consider an extension of Interim Ordinance 1432 regarding a moratorium for three-story buildings within the Main C:WYtbam ZTA�l PC SUaRmM.Cmmaial WU rmuitlia 4a LW3.319 Planning Commission Staff Report Zoning Text Amendment 99-1 Story Limitation in Commercial Zones April 7, 1999 Street Specific Plan Area. After receipt of public testimony and discussion among the City Council, it was determined to continue the public hearing to June 30 at 4:00 PM. a On June 17, 1998, staff presented a report to the Planning Commission regarding the City Council actions of May 26, 1998 in adopting an interim ordinance prohibiting three-story commercial structures within the Main Street Specific Plan Area. The Planning Commission forwarded recommendations to the City Council. ❑ On May 26, 1998, staff presented a report to the City Council regarding new residential uses and height limitations. A portion of the consideration by the City Council was regarding the allowable number of stories for commercial buildings within the Main Street Specific Plan Area. The City Council adopted Ordinance No. 1432 as an interim ordinance, effective immediately and only for a period of forty-five (45) days. DISCUSSION The proposed text amendment would specify the permitted number of stories within the various commercial zones of the City. This amendment proposes the following story limitations: o Professional Office (CO) Zone - 3 stories o Main Street Specific Plan (MSSP) Zone - 2 stories o Service Commercial (C-1) Zone - 3 stories o General Commercial (C-2) Zone - 3 stories Currently these zoning districts have height limitations varying from 30 to 35 feet, but have no limitation as to the number of stories within those permitted heights. This amendment would specify the permitted number of stories within the identified zoning districts. At present, a moratorium is in effect prohibiting third -story construction within the Main Street Specific Plan zone, pending further action by the City. This zone text amendment will address the concerns of Interim Ordinance No. 1432. The Limited Commercial Zone currently specifies story limitations, as do all of the residential zones of the City. The Limited Commercial zone is a mixed-use zone, allowing both residential and commercial uses within the same structure, and the story limitations are the same as for the various residential zones of the City. The issue of the number of stories was initially generated by a concern regarding commercial developments along Main Street, by which it is possible to develop a three-story structure within the permitted 30 -foot height limitation. This same situation would exist within the remaining commercial zones, which have height limitations 30 or 35 feet. 99.1 PC Staff Report- Commercial Story Limitations 2 Planning Commission Staff Report Zoning Text Amendment 99-1 Story Limitation in Commercial Zones April 7, 1999 The major issue for consideration is the potential land use intensification that could occur if there are no story limitations within the various commercial zone areas of the City. Following is a general overview of the issue for each of the commercial zones within the City: o Main Street Specific Plan Zone: This issue is a particular concern within the Main Street Specific Plan area, which is highly impacted by tourism, and has been the subject of the establishment of the Main Street Specific Plan regulations, after many years of study. Allowing structures the ability to provide a third story within this area of the City could increase the parking demand by 1/3, further increasing the demand on existing public and private parking areas. For those reasons, staff is recommending a limitation of 2 -stories within the Main Street Specific Plan area, which is the general development maximum within the area. This amendment would basically maintain the status quo within the Main Street Specific Plan area, including the existing in -lieu parking program requirements. CO C -I and C-2 Commercial Zones: The building heights within these zones are either 30 or 35 feet. Since these zones are not located within the primary tourist area of the City, and lot sizes are more compatible with current commercial development standards, staff is recommending the ability to develop three story structures within these zones. In all of these zones, the off-street parking requirements are based on the square footage of the proposed building. As the building becomes larger, by adding an additional story, the developer is required to provide additional off-street parking. Within these zones all of the required parking must be provided on the site or the building permits will not be issued. The in-fieu parking program is not available within these commercial zones. Mezzanines: Section 507 of the 1994 Uniform Building Code, adopted by the City, stipulates that a mezzanine need not be counted as a story for determining the allowable number of stories when constructed in accordance with certain standards. Staff would also recommend that mezzanine's be prohibited within the Main Street Specific Plan area due to the potential land use/parking utilization intensification issues discussed above. Within the other commercial zones, staff would recommend that a mezzanine be permitted in accordance with the provisions of the 1994 Uniform Building Code. RECOMMENDATION Staff recommends the Commission, after receiving both written and oral testimony presented during the public hearing, recommend approval of ZTA 99-1 to the City Council. Should the Commission disagree, it has the option of recommending no change to the existing text or some other alternative to the existing text. 99.1 PC Staff Report - Commercial Story Limitations 3 Planning Commission SiafJReporr Zoning TeslAmendment 99-1 Story limitation in Commercial Zones April 7, 1999 Should the Commission follow staffs recommendation, staff has prepared a proposed resolution recommending approval of ZTA 99-1 to the City Council. =ttenberg, Director Department of Development Servi s Attachments: (2) 1. Code Sections 2. Proposed Resolution 99-1 PC Staff Report - Commercial Story Limitations 4 ATTACHMENT 1 CODE SECTIONS • ;, Planning Commission Staff Report Zoning TexiAmendment 99-1 Story Limitation in Commercial Zones April 7, 1999 "Section 28-1202 General Provisions rot Size Op�n Spacr Bulk and Yard . (4) Maximum Height, Main Building DistrictI............................................................................................................. 30 ft. DistrictH.......................................................................................................... 35 R,. ARicle 12.5. Main Street Specific Plan Zone (C-0 Zona "Section 28-1252 General Provisions Lot Size Qt&EI Space- Bulk and Yard . (4) Maximum Height, Main Building 30 feet maximum Any portion of structure greater than 20 feet in height must be set back from street £spade a minimum of 10 feet." Article 13 Service Commercial Zone (-1 Zonel "Section 28-1302 General Provisions Lot Size Oo n Space. Bulk and Yard . (4) Maximum Height, Main Building DistrictI............................................................................................................. 30 ft. DistrictH.......................................................................................................... 35 ft." Angle 14 General Commercial Zone (C-2 Zone) "Section 28-1402 General Provisions, Lot C' Qpgn Splice- Bulk and Yards. (4) Maximum Height, Main Building DistrictI............................................................................................................. 30 ft. DistrictB............................................................................................................. 35 it DistrictH.......................................................................................................... 35 ft." 99-1 PC Staff Report - Commercial Story Limitations 5 Planning Commission SloffReporl Zoning Tert Amendment 99-1 Story Dmitation in Commercial Zones April 7, 1999 ATTACHMENT 2 RESOLUTION NUMBER 99- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ZONING TEXT AMENDMENT 99- 1, AMENDING THE HEIGHT PROVISIONS OF ALL COMMERCIAL ZONES WITHIN THE CITY TO SPECIFY A MAXIMUM NUMBER OF STORIES 99.1 PC Staff Report - Commercial Story Limitations 6 Planning Commission Staff Report Zoning TertAmendment 99.1 Story Limitation in Commercial Zones April 7, 1999 RESOLUTION NUMBER 99- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ZONING TEXT AMENDMENT 99-1, AMENDING THE HEIGHT PROVISIONS OF ALL COMMERCIAL ZONES WITHIN THE CITY TO SPECIFY A MAXIMUM NUMBER OF STORIES THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1 • At its meeting of April 7, 1999, the Planning Commission considered and approved Zoning Text Amendment 99-1. This amendment would establish the following story limitations: o Professional Office (CO) Zone - 3 stories E3 Main Street Specific Plan (MSSP) Zone - 2 stories o Service Commercial (C-1) Zone - 3 stories o General Commercial (C-2) Zone - 3 stories Section 2. Pursuant to 14 Calif Code of Regs. § 15305 and § ILB of the City's Local CEQA Guidelines, staff has determined as follows: The application for Zoning Text Amendment 99-1 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs. § 15305 (Minor Alterations in Land Use Limitations), because it consists of minor alterations in land use limitations in average slope of less than 200% and does not result in any changes in land use or density; § 15268 (Ministerial Projects) because the proposed zoning text amendment is ministerial in nature; and, pursuant to § 15061(6x3), because it can be seen with certainty that there is no possibility that the approval may have it significant effect on the environment. Section 3. A duly noticed public hearing was held by the Planning Commission on April 7, 1999 to consider Zone Text Amendment 99-1. Section 4. The record of the hearing of April 7, 1999 indicates the following: (a) At said public hearing there was oral and written testimony and evidence received by the Planning Commission. 99-1 PC Staff Report - Commercial Story Limitations 7 Planning Commission Staj(Report Zoning Text Amendment 99-1 Story limitation in Commercial Zones April 7, 1999 (b) The proposed text amendment will revise the City's zoning ordinance and enhance the ability of the City to ensure orderly and planned development in the City through an amendment of the zoning requirements. (c) Currently the commercial zoning districts have height limitations varying from 30 to 35 feet, but have no limitation as to the number of stories within those permitted heights. This amendment would specify the permitted number of stories within the identified zoning districts. At present, a moratorium is in effect prohibiting third -story construction within the Main Street Specific Plan zone, pending further action by the City. Section 5. Based upon the facts contained in the record, including those stated in §4 of this resolution and pursuant to §§ 28-2600 of the City's Com, the Planning Commission makes the following findings: (a) Zoning Text Amendment 99-1 is consistent with the provisions of the various elements of the City's General Plan. Accordingly, the proposed use is consistent with the General Plan. The proposed amendment is administrative in nature and will not result in changes inconsistent with the existing provisions of the General Plan. (b) The proposed text amendment will revise the City's zoning ordinance and enhance the ability of the City to ensure orderly and planned development in the City through an amendment of the zoning requirements. Specifically, the commercial zoning districts have height limitations varying from 30 to 35 feet, but have no limitation as to the number of stories within those permitted heights. This amendment would specify the permitted number of stories within the identified zoning districts. At present, a moratorium is in effect prohibiting third -story construction within the Main Street Specific Plan zone, pending further action by the City. Section 6. Based upon the foregoing, the Planning Commission hereby recommends approval of Zoning Text Amendment 99-1 to the City Council as set forth on Exhibit A, attached to this resolution and incorporated herein. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the day of , 1999, by the following vote. AYES: Commissioners _ NOES: Commissioners ABSENT: Commissioners 99-1 PC Staff Report - Commercial Story Lin itations 8 Planning Commission Staj(Report Zoning Te t Amenbneni 99-1 Story Limitation in Commercial Zones April 7, 1999 Brien M. Brown, MD Chairman of the Planning Commission Lee Whittenberg Secretary of the Planning Commission 99.1 PC Staff Report - Commercial Story Limitations 9 Planning Commission Staff Repon Zoning Tw Amendment 99-1 Story flmimtion in Commercial Zones April 7, 1999 "EXHIBIT A" Article 12, Section 28-1202. General Provisions, Lot Size, Open Space, Bulk and Yards, is revised to read as follows: "(4) Maximum Height, Main Building DistrictI............................................................................................................. 30 ft. DistrictB............................................................................................................35 ft. No structure shall exceed 3 stories in height" 2. Article 12.5, Section 28-1252, General Provisions, Lot Size, Open Space, Bulk and Yards, is revised to read as follows: "(4) Maximum Height, Main Building 30 feet maximum Any portion of structure greater than 20 feet in height must be set back from street fagade a minimum of 10 feet. No structure shall exceed 2 stories in height and Section 507 of the Uniform Building Code shall not be applied within this zoning designation." 3. Article 13, Section 28-1302. General Provisions, Lot Size, Open Space, Bulk and Yards, is revised to read as follows: "(4) Maximum Height, Main Building DistrictI............................................................................................................. 30 ft. DistrictII............................................................................................................ 35 ft. No structure shall exceed 3 stories in height - 4. Article 14, Section 28-1402. General Provisions, Lot Size, Open Space, Bulk and Yards, is revised to read as follows: 14) Maximum Height, Main Building DistrictI............................................................................................................. 30 ft. Districtli........... :................................................................................................. 35 ft DistrictB............................................................................................................ 35 ft. No structure shall exceed 3 stories in height." • • • 99-1 PC Staff Report - Commercial Story Lunitadons 10 City Council Staff Report Zoning TertAmendment 99-1 Story Limitation is Commercial Zones May 10, 1999 ATTACHMENT 5 EXISTING CODE SECTIONS Article 12. Professional Office Zone (C -O Zonel "Section 28-1202 General Provisions, Lot Size, Open Space. Bulk and Yards. (4) Maximum Height, Main Building District I ..................................... District II .................................... Article 12.5. Main Street Specific Plan Zone (C -O Zonel "Section 28-1252 General Provisions. Lot Size, Open Space. Bulk and Yards. .30 ft. 35 ft." (4) Maximum Height, Main Building 30 feet maximum Any portion of structure greater than 20 feet in height must be set back from street fitpade a minimum of 10 feet." Article 13, Service Commercial Zone (C-1 Zenel "Section 28-1302. General Provisions, Lot Size, Open Space. Bulk and Yards. (4) Maximum Height, Main Building DistrictI............................................................................................................. 30 ft. DistrictII.......................................................................................................... 35 ft." Article 14. General Commercial Zone (C-2 Zonel 99-1 CC Staff Report - Commercial Story Limitations 17