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Home My WebLink AboutCC Ord 1698 2022-09-12 ORDINANCE 1698 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 This Ordinance was inadvertently numbered incorrectly as 1696 when it went to City Council on August 8, 2022 for the first reading and September 12th for the second reading. ORDINANCE 1698 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 August 8, 2022, 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 1 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 10% of lot width 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: "I. Projections. Projections are permitted subject to the following standards: 2 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 beginning 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. Section 9. Publication. The City Clerk shall certify to the adoption of this Ordinance and shall post or publish this Ordinance or a summary as required by law. INTRODUCED at a regular meeting of the City Council of the City of Seal Beach held on the 8th day of August, 2022. 3 PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 12th day of September, 2022. AYES: Council Members: Kalmick, Massa-Lavitt, Moore, Sustarsic, Varipapa NOES: Council Members: None ABSENT: Council Members: None ABSTAIN: Council Members: None 0 Joe almick, Mayor D� SEAL E. AT EST: �y-��RpORgjF 4- / 1 - / sac "so'• Gloria D. Har , City Clerk 'I ' C.. STATE OF CALIFORNIA } era COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Gloria D. Harper. City Clerk of the City of Seal Beach, do hereby certify that the foregoing Ordinance was introduced for first reading at a regular meeting of the City Council of the City of Seal Beach held on the 8th day of August, 2022, and was passed, approved, and adopted by the City Council at a regular meeting on the 12th day of Se•tember, 2022. V4 �J�.VI loria D. Harper City Clerk 4