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Home My WebLink AboutPC Res 24-15 - 2024-10-21 RESOLUTION NO. 24-15 A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION RECOMMENDING ADOPTION OF ZONE TEXT AMENDMENT 24-03 PERTAINING TO ADMINISTRATIVE REVIEW OF MODIFICATIONS TO NONCONFORMING RESIDENTIAL STRUCTURES, ADMINISTRATIVE REVIEW OF REASONABLE ACCOMMODATION REQUESTS, MODIFICATION OF RESIDENTIAL FRONT YARD PERMEABLE SURFACE REQUIREMENTS, AND UPDATES TO THE ACCESSORY DWELLING UNIT STANDARDS PURSUANT TO SENATE BILL 1211 AND ASSEMBLY BILL 2533 (STATUTES OF 2024), AND FINDING THE AMENDMENT TO BE 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 Chapter 11.4.40 (Nonconforming Uses, Structures, and Lots) sets forth standards for the development and use of nonconforming structures, and WHEREAS, Seal Beach Municipal Code Section, Chapter 11 .5.30 (Reasonable Accommodations) sets forth the process to allow, in accordance with Federal and State fair housing laws, the City to approve reasonable accommodations in the City's zoning and land use regulations, policies, and practices when needed to provide an individual with a disability an equal opportunity to use and enjoy a dwelling, and WHEREAS, Seal Beach Municipal Code Section 11.2.05.015 (Development Standards — Residential Districts) sets forth development standards for residential districts, and WHEREAS, Seal Beach Municipal Code Section 11.4.05.100 (Residential Accessory Uses, Structures, and Vehicle Parking) sets forth the standards accessory uses, accessory structures, and vehicle parking on residential properties, and WHEREAS, Seal Beach Municipal Code Section 11.4.05.115 (Accessory Dwelling Units) sets forth the standards for Accessory Dwelling Units and Junior Accessory Dwelling Units, 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 it is exempt from environmental review under the California Environmental Quality Act, (California Public Resources Code § 21000, et seq., and the State CEQA Guidelines (14 California Code of Regulations § 15000, et seq.) under Guidelines Sections 15061(b)(3), 15282(h), and 15301, as all changes are related to the development standards of single-family residential, multi-family residential, and accessory dwelling units, which are already allowed by-right to be built in applicable residential zones and 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 October 10, 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 October 21, 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 24-03. 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 Guidelines (14 California Code of Regulations § 15000, et seq.) under Guidelines Sections 15061(b)(3), 15282(h), and 15301, as all changes are related to the development standards of single-family residential, multi-family residential, and accessory dwelling units, which are already allowed by-right to be built in applicable residential zones and 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. 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 24-03: 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 24-03 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 only modify the review process for nonconforming residential uses and reasonable accommodations, correct contradictions regarding front the setback requirements in the residential districts, and update the ADU section of the code pursuant to State law. Section 3. On October 21, 2024, the Planning Commission held a duly noticed public hearing to consider Zone Text Amendment 24-03, which would amend Title 11 Chapter 11.4.40 (Nonconforming Uses, Structures, and Lots), Section 11.2.05 (Development Standards — Residential Districts), Chapter 11.5.30 (Reasonable Accommodations), Section 11.4.04.100 (Residential Accessory Uses, Structures, and Vehicle Parking), and Section 11.4.05.115 (Accessory Dwelling Structures) of the Seal Beach Municipal Code regarding the review process for nonconforming residential uses and reasonable accommodations, correcting contradictions regarding front the setback requirements in the residential districts, allowing for the parking of RVs and boats on residential driveways, and updating the ADU section of the code pursuant to State law, as set forth in the draft ordinance included as Attachment "A". The RV and boat parking on residential driveways was separated into an additional text amendment and was continued by the Planning Commission, and therefore has been removed from the draft ordinance. 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 24-03. PASSED, APPROVED AND ADOPTED by the Seal Beach Planning Commission at a meeting thereof held on October 21, 2024, by the following vote: AYES: Commissioners WHEELER, MINGIONE, COLES, WONG NOES: Commissioners CAMPBELL ABSENT: Commissioners ABSTAIN: Commissioners Richard Coles ATTEST: Chairperson xa Smi e Planning Commission Secretary ATTACHMENT A DRAFT ORDINANCE ZONE TEXT AMENDMENT 24-03