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Home My WebLink AboutPC Res 24-07 - 2024-07-01 RESOLUTION NO. 24-07 A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL ADOPT ZONE TEXT AMENDMENT 24-01 PERTAINING TO RESIDENTIAL DEVELOPMENT STANDARDS, COMMERCIAL LAND USE REGULATION, COMMERCIAL DEVELOPMENT STANDARDS, OFF-STREET PARKING REQUIREMENTS, AND SHARED PARKING AGREEMENTS, AND FIND THAT THE AMENDMENT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: WHEREAS, Seal Beach Municipal Code Section 11.2.05.015 (Development Standards for Residential Districts) sets forth development standards in residential districts, and WHEREAS, Seal Beach Municipal Code Section, 11 .2.10.010 (Commercial Land Use Regulation) sets forth land use regulations in commercial and mixed use districts, and WHEREAS, Seal Beach Municipal Code Section 11.2.10.015 (Development Standards — Commercial and Mixed Use Districts) sets forth development standards for commercial and mixed use districts, and WHEREAS, Seal Beach Municipal Code Section 11.4.20.015 (Required Off Street Parking Spaces) sets forth required off-street parking standards throughout the City, and WHEREAS, Seal Beach Municipal Code Section 11.4.20.020 (Parking Reductions) sets forth procedures to reduce off-street parking requirements throughout the City, and WHEREAS, the Planning Commission has authority pursuant to Section 11 .5.05.010.E 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 Community Development Director has reviewed the proposed Zone Text Amendment for compliance with the California Environmental Quality Act (CEQA) and determined that it 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 and erroneous information with respect to existing residential and commercial development standards and consists only of minor revisions and clarifications to existing regulations and specification of procedures related thereto for the new construction of residential and commercial structures. On this basis, the amendment, therefore, is exempt from the requirements of CEQA under 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 June 20, 2024, 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 1, 2024, 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 24-01. 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 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 the amendment clarifies and eliminates inconsistencies and erroneous information with respect to existing residential and commercial development standards and consists only of minor revisions and clarifications to existing regulations and specification of procedures related thereto for the new construction of residential and commercial structures. The amendment, therefore, is exempt from the requirements of CEQA under 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. Section 2. General Plan Consistency. Pursuant to Section 11.5.15.025 (Legislative Actions — Required Findings) Required findings are not required for Legislative Actions. Notwithstanding this general rule, a determination shall be made whether the proposed action is consistent with the general plan. 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 24-01: 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 24-01 is consistent with the General Plan and 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 allowed height limits and the number of allowed stories on residentially zoned properties, revises the designation for certain uses within commercial zones properties, and revises street facing setback distances on certain commercial zones properties, and consists only of minor revisions and clarifications to existing regulations and specification of procedures related thereto for the construction of new structures. These modifications were previously approved by City Ordinances and the proposed changes are corrections to errors in the publication of the Municipal Code. The zone text amendment also includes the implementation of two new State laws associated with Assembly Bill 1308 on parking for modifications and remodels and with Assembly Bill 894 on ministerial shared parking agreements which will not be detrimental to the public interest, health, safety, convenience, or welfare of the City. Section 3. Procedural Findings. On July 1, 2024, the Planning Commission held a duly noticed public hearing to consider Zone Text Amendment 24-01, which would amend Title 11 Section 11.2.05.015 (Development Standards for Residential Districts), Section 11.2.10.010 (Commercial Land Use Regulation), Section 11.2.10.015 (Development Standards — Commercial and Mixed Use Districts) Section 11.4.20.015 (Required Off Street Parking Spaces) and Section 11.4.20.020 (Parking Reductions)of the Seal Beach Municipal Code regarding the maximum number of stories in certain residential zones, the designation of certain uses within commercial zoned properties, and the street frontage setback for certain commercial zoned properties in the specified commercial district and definitions, reduced parking for residential uses, and ministerial shared parking agreements in all districts as set forth in the draft ordinance included as Attachment "A". Section 4. Recommendation. 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 24-01. PASSED, APPROVED AND ADOPTED by the Seal Beach Planning Commission at a meeting thereof held on July 1, 2024, by the following vote: AYES: Commissioners CAMPBELL, WHEELER, MINIGIONE, WONG, COLES NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners Richard oles ATTES • Chairperson exa Smittle Planning Commission Secretary