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Home My WebLink AboutPC Res 24-13 - 2024-09-16 RESOLUTION NO. 24-13 A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION RECOMMENDING ADOPTION OF ZONE TEXT AMENDMENT 24-02 AMENDING PORTIONS OF TITLE 11 OF THE SEAL BEACH MUNICIPAL CODE PERTAINING TO ACCESSORY DWELLING UNITS (ADUs) AND JUNIOR ACCESSORY DWELLING UNITS (JADUs) CONSISTENT WITH STATE LAW REQUIREMENTS THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE AS FOLLOWS: WHEREAS, On September 11 , 2023, the City Council adopted Ordinance No. 1706, amending the standards applicable to Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) in accordance with the requirements of the California Planning and Zoning Law; and WHEREAS, In accordance with Government Code Section 66326, the City submitted Ordinance No. 1706 to the California Department of Housing and Community Development for review and comment; and on August 20, 2024, the California Department of Housing and Community Development provided comments on Ordinance No. 1706 with recommendations for modifications to the Ordinance; WHEREAS, The City has considered the comments received from the California Department of Housing and Community Development, and prepared revisions to the ADU Ordinance; and WHEREAS, Staff has identified areas of the current standards applicable to ADUs and JADUs that require amendment to become compliant with California Government Code Sections 66310 through 66342 and to clarify standards; and WHEREAS, the Planning Commission is authorized, 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 Community Development Department 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 regarding accessory dwelling units is exempt pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282 (h), as an action to implement the provisions of Government Code Sections 66310 through 66342; and WHEREAS, the Community Development Department on September 5, 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 September 16, 2024, the Planning Commission held the duly noticed public hearing where interested persons had an opportunity to testify in support of, or opposition to, the proposed amendments. 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 amendments to Accessory Dwelling Unit regulations are exempt from the requirements of CEQA and the City's CEQA Guidelines pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282(h) which exempts the adoption of an ordinance regarding accessory dwelling units in residential and mixed-use zones. Section 2. Required findings for Zone Text Amendment 24-02. In accordance with Section 11.5.15.025 (Required Findings) of the Municipal Code, no findings are required for legislative acts. Notwithstanding this general rule, the council shall make any environmental findings required pursuant to Chapter 11.5.35 (Environmental Review) and determine whether the proposed action is consistent with the general plan and any applicable specific 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 24-02: Finding 1. The proposed amendment is consistent with the following General Plan Goals and Policies: 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. Housing Element 1. Goal 1: Facilitate the development of a variety of housing types for all income levels to meet the existing and future needs of residents. The proposed Ordinance will allow and facilitate the provision of a broader spectrum of ADUs and hence housing types available to lower income, senior and special needs households. 2. Program 1 h: Accessory Dwelling Units: Accessory dwelling units (ADUs) can provide affordable housing options for a wide range of household types, many of which may have very low- or extremely low- incomes. The City will continue to encourage ADU production consistent with State law, which shall include: 1 . Revisions and updates to the City's adopted ADU Ordinance as needed for consistency with State law; and 2. Website updates to explain the permitting process in simplified terms and offer direction to the resources offered through the State and other agencies as applicable. The proposed amendments will bring the Ordinance into consistency with State law. 3. Goal 2: Assist in the development of adequate housing to meet the needs of low- and moderate-income households. The proposed Ordinance will allow and facilitate the provision of ADUs thereby adding additional housing units available to low- and moderate-income households. 4. Policy 2a: Expand housing opportunities for households with special needs, such as the elderly, disabled, large households, female-headed households, and the homeless. The proposed Ordinance will allow and facilitate the provision of ADUs thereby adding additional housing units available to households with special needs, such as the elderly, disabled, large households, female-headed households, and the homeless. Finding 2. Environmental findings required pursuant to Chapter 11.5.35. Environmental findings are not applicable because the Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282(h). Section 3. On September 16, 2024, the Planning Commission held a duly noticed public hearing to consider Zone Text Amendment 24-02, which would amend Title 11 Section 11 .4.04.115 of the Seal Beach Municipal Code regarding accessory dwelling units (ADUs) and other minor corresponding amendments to the City's Zoning Code 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 24-02 with minor changes to Section 11.4.115(H) and (I) to clarify rentals of 30 days or more are permitted. PASSED, APPROVED AND ADOPTED by the Seal Beach Planning Commission at a meeting thereof held on September 16, 2024, by the following vote: AYES: Commissioners CAMPBELL, MINGIONE, WHEELER, WONG NOES: Commissioners ABSENT: Commissioners COLES ABSTAIN: Commissioners Ma go Wheeler ATT • Vice Chairperson A exa Smi e Planning Commission Secretary ATTACHMENT A DRAFT ORDINANCE ZONE TEXT AMENDMENT 24-02