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Home My WebLink AboutPC Res 22-11 - 2022-07-18RESOLUTION NO. 22-11 A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION RECOMMENDING ADOPTION OF ZONE TEXT AMENDMENT 22-1 REGARDING PROJECTIONS IN SIDE YARD SETBACKS IN THE RESIDENTIAL LOW DENSITY (RLD-9) ZONE DISTRICT ALONG THE "GOLD COAST" AREA OF OCEAN AVENUE. - WHEREAS, Seal Beach Municipal Code Section 11.2.05.015(1)(1) (Projections Into Yards — Architectural Features) sets forth standards for projections into required yards and setbacks, and WHEREAS, based on community concerns, staff has identified the need to amend Seal Beach Municipal Code Section 11.2.05.015(1)(1) (Projections Into Yards — Architectural Features) as applied to the Gold Coast area of Ocean Avenue; and WHEREAS, the Planning Commission has authority pursuant to Section 11.5.05.010.B 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, the City has reviewed the proposed Zone Text Amendment for compliance with the California Environmental Quality Act (CEQA) and finds and determines that the adoption of Ordinance 22 -XX (Zoning Text Amendment 22-1) is not subject to CEQA pursuant to CEQA Guidelines Section 15061(b)(3) and Section 15301, because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, and WHEREAS, the Community Development Department on July 7, 2022, 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 July 18, 2022, 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 22-1. 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 requirement for environmental review under CEQA (California Public Resources Code §§ 21000, et seq.) (CEQA) and the State CEQA regulations (14 California Code of Regulations §§ 15000, et seq.) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The Planning Commission finds that the Zone 1 Text Amendment consists only of minor revisions and clarifications to existing regulations and specification of procedures related thereto in certain residentially zoned property to ensure consistency and eliminate internal conflict between existing provisions. The amendment, therefore, is exempt from the requirements of CEQA and the State CEQA Guidelines under Guidelines Section 15061(b)(3) and Section 15301, because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Section 2. Required findings for Zone Text Amendment 22-1. 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 22-1: 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. 2. Housing: It is to be a goal of the City to preserve its low- and medium -density residential character while still providing a wide choice of living accommodations and lifestyles for its residents. 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 22-1 will not be detrimental to the public interest, health, safety, convenience, or welfare of the City as it will modify and clarify rules and procedures for allowed projections on residentially -zoned properties in the designated RLD-9 area along Ocean Avenue, and consists of minor revisions and clarifications to existing regulations and specification of procedures. Section 3. On July 18, 2022, the Planning Commission held a duly noticed public hearing to consider Zone Text Amendment 22-1, which would amend Title 11 Section 11.2.05.015(1)(1) (Projections Into Yards Architectural Features) of the Seal Beach Municipal Code regarding projections in the specified residential district 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 22-1. PASSED, APPROVED AND ADOPTED by the Seal Beach Planning Commission at a meeting thereof held on July 18, 2022 by the followingvote: AYES: Commissioners MILLER, MASSETTI, THOMAS, CAMPBELL KLINGER NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners Steve Miller ATTEST: Chairperson -4 -0-- -- Alexa Smittle Planning Commission Secretary ATTACHMENT A DRAFT ORDINANCE ZONE TEXT AMENDMENT 22-1 �� i ORDINANCE XXXX AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING TITLE 11 OF THE SEAL BEACH MUNICIPAL CODE TO ALLOW PROJECTIONS INTO SIDE YARD SETBACKS IN THE RESIDENTIAL LOW DENSITY (RLD-9) ZONE DISTRICT ALONG THE "GOLD COAST" AREA OF OCEAN AVENUE 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 11.2.05.015.1.1 (Projections Into Yards —Architectural Features) sets forth standards for projection of architectural features into setbacks on residential properties and limits the length they can project/encroach into side setbacks. Based on community concerns, staff has identified the need to amend Seal Beach Municipal Code Section 11.2.05.015.1.1 as it pertains to the Gold Coast area along Ocean Avenue in the City of Seal Beach. Section 2. Procedural Findings. The City Council of the City of Seal Beach does hereby find, determine, and declare that: A. On July 18, 2022, 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. 22-11, 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. 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., ("CEQA") and the CEQA Guidelines (14 California Code of Regulations §§ 15000, et seq.) because the amendment clarifies and eliminates inconsistencies with respect to existing development standards for the projection of certain architectural features on certain 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, is exempt from the requirements of CEQA under Guidelines Section 15061(b)(3) and Section 15301, because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Section 4. 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 5. Subsection D (Minimum Front and Interior Side Yards) of Section 11.2.05.015 (Development Standards) of Chapter 11.2.05 (Residential Districts) of Title 11 of the Seal Beach Municipal Code is hereby amended to read as follows: "D. Minimum Front and Interior Side Yards. 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 (Gold Coast .,which requires a minimum interior side yard of either has -a-10% of lot width room rinr side yard setbaGk and a minimurn terror side yard 9f or 3 feet, whichever is greater . 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 6. Subparagraph 1 (Projections Into Yards –Architectural Features) of Subsection I (Projections) of Section 11.2.05.015 (Development Standards) of Chapter 11.2.05 (Residential Districts) of Title 11 of the Seal Beach Municipal Code is hereby amended to read as follows: 2 "I. Projections. Projections are permitted subject to the following standards: 1. Projections Into Yards—Architectural Features. Architectural features, such as cornices, eaves, canopies, chimneys, and bay windows not exceeding 8 feet in length may not be located within 3 feet from the side lot line, nor more than 2 feet into any required front or rear setback. On corner lots, street side, such architectural features may not be located closer than 5 feet to the side lot line. On lots in the RLD-9 District area along Ocean Avenue. between First Street and Eighth Street (Gold Coast), architectural features may project not more than two feet into the required side yards: provided the side yards shall not be reduced to less than two feet in width beajnnina above the first story and in no case less than 8 feet above grade. 2. Projections Into Yards—Stairs, Decks and Balconies. Open, uncovered stair landings, decks and balconies 12 feet or less in length and less than 6 feet above grade may not be located within 3 feet from the side lot line, nor project more than 3 feet into the minimum front setback, or 6 feet into the rear setback in any residential area. On corner lots, street side, and beside public paths, such structures may not be located closer than 5 feet to the side lot line. a. Low-level wooden decks. Low-level wooden decks, not in excess of 1 foot above natural grade, may project into a required yard to the property line. b. RLD-9 District—Old Town. Decks and balconies may extend or project a maximum of 10 feet into or over the rear yard in the area below or at the second - floor level (from street). Above the second -floor level, eaves may project a maximum of 5 feet over the rear yard. 3. Projections—RLD-15 District. Refer to Section 11.2.05.010.E: RLD-15 District Development Standards, Table 11.2.05.015.E.1 through Table 11.2.05.015.E.3, for allowable projections in the RLD-15 District. 4. Projections—RHD-20 District. For lots less than 50 feet in width in the RHD -20 District the projections allowed in subsections 1 through 2, above, may project not more than 2 feet into the required side yard, provided that the required interior side yard shall not be reduced to less than 2 feet in width." 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. Cl 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] 9 Joe Kalmick, Mayor