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Home My WebLink AboutPC Res 21-09 - 2021-06-07RESOLUTION 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 11.5.05.010.6 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: Findinq 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 Miller. Winkler, Thomas, Campbell, Klinger NOES: Commissioners -- ABSENT: Commissioners -- ABSTAIN: Commissioners -- A' ownson nning Commission Secretary Steve r 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. 21-09, 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 contain no more than two flagpoles not to exceed 25 feet in height above grade. Flags may only be displayed on a flagpole. The cumulative area of all flags on a property shall not exceed 40 square feet or contain commercial copy. Flags on temporary flagpoles shall be included in a site's overall flag area calculation. 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 2 Environmental Quality Act, (California Public Resources Code §§ 21000, et seq., ("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 , Joe Kalmick, Mayor ATTEST: Gloria Harper, City Clerk APPROVED A5 Tf,5 FORM - 6416 Sfeele, City Attorney [SEAL]