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Home My WebLink AboutAgenda Packet_06072021CITY OF SEAL BEACH PLANNING COMMISSION AGENDA June 7, 2021 — 7:00 PM /_TM0161 LT, ILTi 16'1+9If] z14z&T-11zIII&IEllaATA lm:7_1:AIN1:7_111:&T//_`944x0101k,Ia4 4k,[a]= :..OF SEAL INCORPORATED b im District 1 — Steve Miller - Chair District 2 — Ronde Winkler - Vice Chair District 3 — Michael Thomas District 4 — Patty Campbell District 5 — Mariann Klinger Department of Community Development Les Johnson, Community Development Director Barry Curtis, Acting Senior Planner (Consultant) Marco Cuevas Jr., Assistant Planner Isra Shah, Assistant City Attorney • City Hall office hours are 8:00 a. m. to 5:00 p. m. Monday through Friday. Closed noon to 1:00 p.m. Appointments only at this time. • The City of Seal Beach complies with the Americans with Disabilities Act. If you need assistance to attend this meeting please telephone the City Clerk's Office at least 48 hours in advance of the meeting at (562) 431-2527. • Planning Commission meetings are broadcast live on Seal Beach TV3 and on the City's website (www. sealbeachca.gov). Check the SBTV3 schedule for rebroadcast of meeting — meetings are available on -demand on the website. • DVDs of Planning Commission meetings may be purchased from Seal Beach TV3 at a cost of $15 per DVD. Telephone: (562) 596 -1404. • Copies of staff reports and/or written materials on each agenda item are available for public review on the City's website at www.sealbeachca.gov. NOTICE REGARDING PUBLIC OBSERVATION AND PARTICIPATION IN THE PLANNING COMMISSION MEETING To comply with Governor Newsom's Executive Order N-29-20 and the Amended Order and Guidance of the Orange County Health Officer issued March 18, 2020 the City of Seal Beach hereby gives notice of the "means by which members of the public may observe the meeting and offer public comment" for the Planning Commission meeting on June 7, 2021. Due to the need for social distancing and the prohibition on public gatherings set forth in the County Health Officer's Order, all participation in the above - referenced Meeting will be by teleconference for the Members of the Planning Commission, staff, and applicants. Because of the unique nature of the emergency there will NOT be a physical meeting location and all public participation will be electronic. PUBLIC COMMENT AND PUBLIC HEARING: Members of the public may submit comments on any item on this Planning Commission meeting agenda via email to the City Clerk at gharper@sealbeachca.gov or via the comment icon through the online portal at https://www.sealbeachca.gov/Government/Agendas-Notices-Meeting- Videos/Council-Commission-Meetings. All email comments the City Clerk receives before the start of the meeting will be posted on the City website and distributed to the Planning Commission. Email comments received after that time will be posted on the City's website and forwarded to the Planning Commission after the meeting. THIS NOTICE AND ELECTRONIC PARTICIPATION PROVISIONS SET FORTH IN THIS NOTICE ARE PROVIDED PURSUANT TO SECTION 3 OF EXECUTIVE ORDER N-29-20. CALL TO ORDER ROLL CALL APPROVAL OF AGENDA By Motion of the Planning Commission this is the time to notify the public of any changes to the agenda, re- arrange the order of the agenda, and provide an opportunity for any member of the Planning Commission or staff to request an item be removed from the Consent Calendar for separate action. PUBLIC COMMUNICATIONS (VIA EMAIL ONLY) At this time members of the public may address the Commission regarding the items on this Planning Commission agenda. Pursuant to the Brown Act, the Council cannot discuss or take action on any items not on the agenda unless authorized by law. Those members of the public wishing to provide comment are asked to send comments via email to the City Clerk at gharper@sealbeachca.gov or via the comment icon on the City website at https://www.sealbeachca.gov/Government/Agendas-Notices-Meetinn- Videos/Council-Commission-Meetings before 6 pm on June 7, 2021. Comments provided via email will be posted on the City website for review by the public. Any documents for review should be sent to the City Clerk prior to the meeting for distribution. CONSENT CALENDAR A. Approval of the May 17, 2021 Planning Commission Minutes Isle] z k I I ki 0] 4 11119 4 LTA RI SCHEDULED MATTERS NEW BUSINESS PUBLIC HEARING B. Zone Text Amendment 21-2 Citywide Applicant: City of Seal Beach Request: ZONE TEXT AMENDMENT 21-2 AMENDING PORTIONS OF TITLE 11 OF THE SEAL BEACH MUNICIPAL CODE REGARDING REGULATIONS FOR THE PLACEMENT OF FLAGS AND FLAGPOLES ON RESIDENTIAL PROPERTIES Recommendation: That the Planning Commission hold a public hearing regarding Zone Text Amendment 21-2 and after considering all evidence and testimony presented adopt the Resolution recommending approval of Zone Text Amendment 21-2 to the City Council. C. Minor Use Permit 21-1 52 Riversea Road Applicant: Kristi George Request: MINOR USE PERMIT (MUP 21-1) TO ALLOW A TWO-STORY MANUFACTURED HOME WITHIN SEAL BEACH SHORES LOCATED IN THE RESIDENTIAL HIGH DENSITY (RHD -33) ZONING DISTRICT Recommendation: That the Planning Commission open a public hearing regarding Minor Use Permit 21-1 and continue the item to the June 21, 2021 Planning Commission Meeting. DIRECTOR'S REPORT COMMISSION CONCERNS ADJOURNMENT Adjourn the Planning Commission to Monday, June 21, 2021 at 7:00 p.m. rF Ea`eFq�y PLANNING COMMISSION F STAFF REPORT gCIFORNMP DATE: June 7, 2021 TO: Planning Commission THRU: Gloria D. Harper, City Clerk FROM: Les Johnson, Community Development Director SUBJECT: Approval of the May 17, 2021 Planning Commission Minutes RECOMMENDATION: Approve the minutes of the Planning Commission meeting held on May 17, 2021 Prepared by: Gloria D. Harper Gloria D. Harper City Clerk Attachment: Approved by: Les Johnson Les Johnson Director of Community Development 1. May 17, 2021 Planning Commission Minutes City of Seal Beach — Planning Commission May 17, 2021 Chair Miller called the regular meeting of the Planning Commission to order at 7:03 p.m. via Teleconference. ROLL CALL Present: Commissioners: Miller, Winkler, Klinger, Thomas, Campbell Absent: None Staff Present: Isra Shah, Assistant City Attorney Les Johnson, Community Development Director Marco Cuevas, Jr., Assistant Planner Gloria D. Harper, City Clerk Dana Engstrom, Deputy City Clerk Elizabeth Camarena, Executive Assistant APPROVAL OF AGENDA Motion by Klinger, second by Campbell, to approve Agenda. AYES: Klinger, Miller, Thomas, Winkler, Campbell NOES: None ABSENT: None ABSTAIN: None Motion Carried ORAL COMMUNICATIONS Chair Miller opened oral communications. City Clerk Harper announced that no emailed comments were received. Speakers: There were no speakers. Chair Miller closed oral communications. CONSENT CALENDAR A. Approval of April 19, 2021 Minutes. APPROVAL OF CONSENT CALENDAR Motion by Campbell, second by Klinger, to approve the Consent Calendar. AYES: Klinger, Miller, Thomas, Winkler, Campbell NOES: None ABSENT: None ABSTAIN: None Motion Carried CONTINUED ITEMS — None E•Yy7121911112191&/Gr a 121:ZRM01TiLa PUBLIC HEARING B. Conditional Use Permit (CUP 20-4) 13980 Seal Beach Boulevard Applicant: The Fiedler Group — Ben Steckler Request: For adoption of an Initial Study/Mitigated Negative Declaration and approval of a Conditional Use Permit (CUP 20-4) to allow the installation of a new hydrogen fuel dispensing facility at an existing gasoline service station and convenience store located in the General Commercial (GC) Zone. Recommendation: After conducting the Public Hearing, staff recommends that the Planning Commission adopt Resolution No. 21-6, ADOPTING a Mitigated Negative Declaration and APPROVING Conditional Use Permit 20-4 with Conditions. Assistant Planner Marco Cuevas, Jr., provided a comprehensive staff report and indicated that no correspondence was received regarding the project. Questions from Commissioners Winkler, Thomas and Campbell were answered by Assistant Planner Marco Cuevas, Jr. Chair Miller opened the public hearing. City Clerk Harper announced that no emailed comments were received. Speaker: Ben Steckler. Chair Miller closed the public hearing. Motion by Thomas, second by Klinger to adopt Resolution No. 20-04, APPROVING Conditional Use Permit 20-4 with Conditions. AYES: Klinger, Campbell, Winkler, Miller, Thomas NOES: None ABSENT: None ABSTAIN: None Motion Carried Assistant City Attorney Shah noted that this item have a ten-day appeal period. C. Citywide — All Residential and Mixed -Use Zones Applicant: City of Seal Beach Request: Amending portions of Title 11 of the Seal Beach Municipal Code pertaining to Accessory Dwelling Units (ADUs) consistent with State Law requirements. Recommendation: That the Planning Commission hold a public hearing regarding Zone Text Amendment 21-1 and after considering all evidence and testimony presented adopt the Resolution recommending approval of Zone Text Amendment 21-1 to the City Council. Acting Senior Planner Barry Curtis provided a comprehensive staff report and indicated that no correspondence was received regarding the project. Questions from Commissioners Winkler, Thomas and Campbell were answered by Acting Senior Planner Barry Curtis Chair Miller opened the public hearing. City Clerk Harper announced that no emailed comments were received. Speaker: None. Chair Miller closed the public hearing. Prior to the vote, Director Johnson informed the Commissioners that language would be added to Section 3, Item E of Ordinance. Motion by Thomas, second by Winkler to adopt the Resolution recommending approval of Zone Text Amendment 21-1 to the City Council. AYES: Klinger, Winkler, Miller, Thomas NOES: Campbell ABSENT: None ABSTAIN: None Motion Carried City Attorney Shah noted that this item is a recommendation to the City Council and will be scheduled for approval at a future meeting. DIRECTOR'S REPORT Director Johnson officially introduced Acting Senior Planner Barry Curtis to the Commissioners and welcomed him to the City and the Planning Commission meeting. Director Johnson announced that the City Council held a Budget Workshop last Thursday, May 13, 2021 and that a second Budget Workshop is scheduled for Tuesday, May 25, 2021 at 5:30 pm followed by a Budget Town Hall Meeting on Tuesday, June 1, 2021 at 5:30 pm. He also announced that the Budget Community Survey is available on the City's website and encouraged the Commissioners and the public to complete the survey. He also announced that for the June 7, 2021 meeting there are tentatively items on the agenda to amend the Municipal Code regarding flag allowance in the City and a Minor Use Permit application related to Seal Beach Shores. COMMISSION CONCERNS Commissioner Winkler asked questions regarding River's End and the new development of the park at Ocean Place. Chair Miller commented about the allowance ADUs but has concerns about parking and suggested that the City come up with ways to incentivize people to get rid of their extra cars to increase parking in the area. Commissioner Campbell also mentioned the parking issues in the city. City Attorney Shah suggested that the Commissioners agendized an item to discuss parking at a future date. Commission Thomas requested information about when in-person meetings will resume in the Council Chamber. Director Johnson responded to questions. ADJOURNMENT Chair Miller adjourned the Planning Commission meeting at 8:20 p.m. to Monday, June 7, 2021 at 7:00 p.m. Approved: Attest: Steve Miller, Chair Gloria D. Harper, City Clerk Gloria D. Harper, City Clerk PLANNING COMMISSION STAFF REPORT DATE: June 7, 2021 TO: Planning Commission THRU: Les Johnson, Director of Community Development FROM: Barry Curtis, Acting Senior Planner (consultant) SUBJECT: ZONE TEXT AMENDMENT 21-2 AMENDING PORTIONS OF TITLE 11 OF THE SEAL BEACH MUNICIPAL CODE REGARDING REGULATIONS FOR THE PLACEMENT OF FLAGS AND FLAGPOLES ON RESIDENTIAL PROPERTIES LOCATION: Citywide RECOMMENDATION: That the Planning Commission hold a public hearing regarding Zone Text Amendment 21-2 and after considering all evidence and testimony presented adopt the Resolution recommending approval of Zone Text Amendment 21-2 to the City Council. ENVIRONMENTAL ASSESSMENT: This ordinance (Zone Text Amendment 21-2) 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 modifies and establishes rules and procedures for the placement of flags and flagpoles on residentially -zoned properties and consists only of minor revisions and clarifications to existing regulations and specification of procedures related thereto for the new construction of small accessory structures. 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. §15303(e), actions in compliance with the requirements of CEQA. Zone Text Amendment 21-2 June 7, 2021 LEGAL NOTIFICATION: Legal notice of the Public Hearing was published in the Sun Newspaper on May 27, 2021. An affidavit of publication is on file. As of the date of this report, no public comment has been received. Any additional written comments received will be forwarded under separate cover. ANALYSIS: BACKGROUND Seal Beach Municipal Code Section 11.4.25.030(A)(2) (Signs — Residential Districts) sets forth standards for the placement of flags on residential properties. Per this section, flags on residential properties are considered signs and are limited to one flag, not to exceed 12 square feet in area, per frontage. Flags may not include commercial copy. Note: a standard sized 3 -foot x 5 -foot American flag is technically not permitted on a residential property in Seal Beach. The City recently received a code enforcement complaint regarding a property flying two flags in violation of the above code section. As a result, community interest has been raised regarding this issue, with staff receiving a number of calls requesting the City reconsider the existing standards. In considering potential revisions to the City's residential flag standards, City staff surveyed Orange County cities to understand their regulations and to determine whether best practices can be incorporated from neighboring jurisdictions. Attachment 1 details these findings. NEW SIGN STANDARDS FOR FLAGS/FLAGPOLES Based on its research of other regulations and local circumstances, staff has prepared a draft Ordinance for consideration. The proposed Ordinance would establish a definition of a flagpole and revise Section 11.4.25.030(A)(2) to allow a single flagpole on a residential property, subject to a maximum height of 25 feet. The number of flags would no longer be regulated, but staff is recommending a maximum area of 40 square feet for all flags on a residential property. In defining a flagpole, staff recommends a flagpole be defined as any pole either mounted in the ground or affixed to a structure to which one or more flags are attached. While many of the cities surveyed allowed flagpoles to 35 feet in height, staff recommends a maximum height on residential properties of 25 feet, in keeping with the general maximum building height in the City's residential zones. Further, with the intent of considering the permissibility of allowing more than one flag on a pole, staff is recommending that the maximum area of all flags on a pole be limited to a maximum combined area of 40 square feet. This would potentially allow a standard sized American flag and two 12 -square -foot flags or a string of nautical flags to be flown from a flagpole. The proposed Municipal Page 2of3 Zone Text Amendment 21-2 June 7, 2021 Code revisions are included in redline/strkeGFt format in the draft Ordinance (Attachment A to Attachment 2). 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 21-2 to the City Council. Prepared by: Bary Curtis Barry Curtis Acting Senior Planner Attachments: Les Johnson Les Johnson Director of Community Development 1. Survey of flag standards from Orange County cities. 2. Resolution No. 21-09 with Draft Ordinance (Attachment A). Page 3 of 3 RESOLUTION NO. 21-09 A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION RECOMMENDING ADOPTION OF ZONE TEXT AMENDMENT 21-2 REGARDING REGULATIONS FOR THE PLACEMENT OF FLAGS AND FLAGPOLES ON RESIDENTIAL PROPERTIES THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE WHEREAS, Seal Beach Municipal Code Section 11.4.25.030(A)(2) (Signs — Residential Districts) sets forth standards for the placement of flags on residential properties and limits flags to one per frontage, and WHEREAS, based on community concerns, staff has identified the need to amend Seal Beach Municipal Code Section 11.4.25.030(A)(2) (Signs — Residential Districts) and to add a definition of a flagpole to Section 11.6.05.010 (Definitions of Specialized Terms and Phrases); and WHEREAS, the Planning Commission has authority pursuant to Section 11.5.05.010.13 of the Municipal Code to make a written recommendation to the City Council to approve, approve with modifications, or disapprove amendments to the Zoning code; and WHEREAS, This ordinance (Zone Text Amendment 21-2) 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 modifies and establishes rules and procedures for the placement of flags and flagpoles on residentially -zoned properties and consists only of minor revisions and clarifications to existing regulations and specification of procedures related thereto for the new construction of small accessory structures. 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. §15303(e), actions in compliance with the requirements of CEQA; and WHEREAS, the Community Development Department on May 27, 2021, caused to be published a legal notice in the Sun Newspaper, a local paper of general circulation, a hearing notice indicating the date, time, and location of the public hearing on the proposed Zone Text Amendment; and WHEREAS, on June 7, 2021, the Planning Commission held a duly noticed meeting where interested persons had an opportunity to testify in support of, or opposition to, the project and at which time the Planning Commission considered Zone Text Amendment 21-2. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE, DETERMINE, FIND, AND ORDER AS FOLLOWS: Section 1. Environmental Findings. Pursuant to the California Environmental Quality Act ("CEQA"), the Community Development Department has determined that the proposed Zone Text Amendment is exempt from the requirements of CEQA and the City's CEQA Guidelines pursuant to California Public Resources Code §§ 21000, et seq.,"CEQA" and CEQA regulations (14 California Code of Regulations §§ 15000, et seq.) because the amendment modifies and establishes rules and procedures for the placement of flags and flagpoles on residentially -zoned properties and consists only of minor revisions and clarifications to existing regulations and specification of procedures related thereto for the new construction of small accessory structures. 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. §15303(e), actions in compliance with the requirements of CEQA. Section 2. Required findings for Zone Text Amendment 21-2. The California Government Code and Section 11.5.15.025 (Required Findings) of the Municipal Code require that Zone Text Amendments meet certain findings prior to recommendation of approval by the Planning Commission and approval by the City Council. The Planning Commission hereby makes the following findings, as supported by substantial evidence on the record including and incorporating all facts and evidence in the staff report and its attendant attachments, in support of the recommendation for approval of Zone Text Amendment 21-2: Finding 1. The proposed amendment is consistent with the following General Plan Goal and Policy: Land Use Element 1. Features of the Community: A goal of the City is to maintain and promote those social and physical qualities that enhance the character of the community and the environment in which we live. Finding 2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the city. Proposed Zone Text Amendment 21-2 will not be detrimental to the public interest, health, safety, convenience, or welfare of the City as it will modify and establish rules and procedures for the placement of flags and flagpoles on residentially - zoned properties and consists only of minor revisions and clarifications to existing regulations and specification of procedures related thereto for the new construction of small accessory structures. Section 3. On June 7, 2021, the Planning Commission held a duly noticed public hearing to consider Zone Text Amendment 21-2, which would amend Title 11 Sections 11.4.25.030(A)(2) (Signs — Residential Districts) and Section 11.6.05.010 (Definitions of Specialized Terms and Phrases) of the Seal Beach Municipal Code regarding signs in residential districts (flags) and definitions as set forth in the draft ordinance included as Attachment "A". Section 4. Based on the findings contained in Sections 1 to 3 of this Resolution, and all other evidence in the record, the Planning Commission hereby recommends that the City Council approve Zone Text Amendment 21-2. PASSED, APPROVED AND ADOPTED by the Seal Beach Planning Commission at a meeting thereof held on June 7, 2021 by the following vote: AYES: Commissioners NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners ATTEST: Les Johnson Planning Commission Secretary Steve Miller Chairperson ATTACHMENT A DRAFT ORDINANCE ZONE TEXT AMENDMENT 21-2 AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING TITLE 11 OF THE SEAL BEACH MUNICIPAL CODE REGARDING REGULATIONS FOR THE PLACEMENT OF FLAGS AND FLAGPOLES ON RESIDENTIAL PROPERTIES AND FINDING THE ORDINANCE TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: Section 1. Seal Beach Municipal Code Section 11.4.25.030(A)(2) (Signs - Residential Districts) sets forth standards for the placement of flags on residential properties and limits flags to one per frontage. Based on community concerns, staff has identified the need to amend Seal Beach Municipal Code Section 11.4.25.030(A)(2) and to add a definition of flagpole to Section 11.6.05.010 (Definitions of Specialized Terms and Phrases). Section 2. Procedural Findings. The City Council of the City of Seal Beach does hereby find, determine, and declare that: A. On June 7, 2021, the Planning Commission considered this Ordinance at a duly noticed public hearing, as prescribed by law, at which time City staff and interested persons had an opportunity to and did testify either in support of or against this matter. B. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission adopted Resolution No. 21-xx, recommending approval of the Ordinance by the City Council. C. The City Council, at a regular meeting, considered the Ordinance on at a duly noticed public hearing, as prescribed by law, at which time City staff and interested persons had an opportunity to and did testify either in support of or against this matter. D. Following the public hearing, the City Council considered the entire record of information received at the public hearings before the Planning Commission and City Council. Section 3. Findings. In approving the proposed Zoning Code amendment, the City Council hereby makes the following findings that the Ordinance is consistent with the General Plan as follows: A. The proposed Code Amendment is consistent with the following General Plan Land Use Element Goal and Policy: 1. Features of the Community: A goal of the City is to maintain and promote those social and physical qualities that enhance the character of the community and the environment in which we live. B. The proposed amendments are also consistent with Chapter 3 of the Coastal Act, will not have an impact either individually or cumulatively on coastal resources, and do not involve any change in existing or proposed use of land or water. Section 4. Chapter 11.4.25.030 (Signs — Residential Districts) of Title 11 of the Seal Beach Municipal Code is hereby amended to read as follows: "Sec. 11.4.25.030. — Signs -Residential Districts. The regulations of this section shall apply to all residential districts, as well as residential uses located in nonresidential zones. A. Permitted Signs. In addition to the exempt signs listed in Section 11.4.25.010: Exempt Signs, the following signs are permitted in residential zones: 1. Subdivision Identification Signs. A subdivision in a residential district shall be permitted to display a subdivision identification sign or signs not exceeding 25 square feet in aggregate area. Such sign(s) must be attached to a wall, fence, or gateway structure, and integrated with the design of the structure. Larger signs may be approved by minor use permit pursuant to Chapter 11.5.20: Development Permits. 2. Flags/Flagpoles. Each site may display a to contain one flag ole not to exceea 25 feet in height her front Na -Flags may only be dispiayed on a flagpole. The cumulative area of all flags on a property shall not exceed 4240 square feet On-apea or contain commercial copy. 3. Commercial Signs. One sign indicating the presence on the property of an approved use subject to Chapter 11.5.20: Development Permits. Such sign shall not exceed 12 square feet in area, unless a greater area is specifically approved by the decision-making authority as part of the use permit approval. B. Illumination. No sign governed by this section shall be internally illuminated. (Ord. 1598) Section 5. Chapter 11.6.05.010 (Definitions of Specialized Terms and Phrases) of Title 11 of the Seal Beach Municipal Code is hereby amended to add a definition for a flagpole to read as follows, with all other portions of Table 11.6.05.010 remaining the same: Flagpole: a staff or pole, either mounted in the ground or affixed to a structure, on which one or more flags are or can be displayed. Section 6. California Environmental Quality Act Exemption. The City Council determines that this ordinance is exempt from environmental review under the California Environmental Quality Act, (California Public Resources Code §§ 21000, et seq., 2 ("CEQA") and the CEQA Guidelines (14 California Code of Regulations §§ 15000, et seq.) because the amendment modifies and establishes rules and procedures for the placement of flags and flagpoles on residentially -zoned properties and consists only of minor revisions and clarifications to existing regulations and specification of procedures related thereto for the new construction of small accessory structures. 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. §15303(e), actions in compliance with the requirements of CEQA. Section 7. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law. Section 8. Effective Date. This Ordinance shall take effect thirty (30) days after passage. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Seal Beach this day of , ATTEST: Gloria Harper, City Clerk APPROVED AS TO FORM: Craig Steele, City Attorney [SEAL] 3 Joe Kalmick, Mayor Survey of Flag/Flagpole Standards Orange County Cities City Maximum # Flagpoles Maximum Height Maximum Area Notes Aliso Viejo 2 Max. bldg. height -- One national, one state Anaheim 1 -- -- Maximum of 3 flags Costa Mesa -- -- -- No products, logos, business names Cypress -- -- -- Dana Point 3 -- -- More than 3 flags requires a CUP Fountain Valley 1 35 ft -- Garden Grove -- -- Huntington Beach - -- -- Laguna Beach - -- -- Laguna Niguel -- -- 7 sf Building mounted Lake Forest 2 35 ft Los Alamitos -- -- -- Maximum of 3 flags Newport Beach -- 28 ft 120 sf Maximum of 3 flags. No flag shall exceed 40 sf San Clemente 3 -- 120 sf No flag shall exceed 40 sf Tustin -- -- -- Requires PC approval Westminster -- 35 ft 108 sf Yorba Linda -- 35 ft -- MEMORANDUM To: Les Johnson - Community Development Director From: Marco Cuevas Jr — Assistant Planner Date: June 3, 2021 Re: PC Agenda Item — Minor Use Permit 21-1 Due to a recently discovered typographical error with the mailed notice of the subject Minor Use Permit 21-1, there is a need to continue this item to the June 21, 2021 Planning Commission meeting, to allow for corrected noticing of property owners and occupants within a 300' radius of the subject property located at 52 Riversea Road. It should be mentioned that the paper notice published in the Seal Beach Sun Newspaper on May 27, 2021 was correct and contained no errors. 211 81" Street, Seal Beach, CA 90740 (562) 431-2527