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Home My WebLink AboutPacket_2024_07_01CITY OF SEAL BEACH PLANNING COMMISSION AGENDA 01 July 2024 — 7:00 PM City Council Chambers 211 Eighth Street Seal Beach, CA 90740 District 1 — Calvin Mingione District 2 — Ben Wong District 3 — Richard Coles – Chair District 4 — Patty Campbell District 5 — Margo Wheeler – Vice Chair Department of Community Development Alexa Smittle, Community Development Director Shaun Temple, Planning Manager Patricia Garcia, Associate Planner Samuel Funes, Assistant Planner Amy Greyson, Senior Assistant City Attorney •City Hall office hours are 8:00 a. m. to 5:00 p. m. Monday through Friday. Closed from 12:00 p.m. to 1:00 p.m. for lunch. •The City of Seal Beach complies with the Americans with Disabilities Act. If you need assistance to attend this meeting please telephone the City Clerk's Office at least 48 hours in advance of the meeting at (562) 431-2527. •Planning Commission meetings are broadcast live on Seal Beach TV3 and on the City's website (www.sealbeachca.gov). Check the SBTV3 schedule for rebroadcast of meeting — meetings are available on-demand on the website. •DVDs of Planning Commission meetings may be purchased from Seal Beach TV3 at a cost of $15 per DVD. Telephone: (562) 596 -1404. •Copies of staff reports and/or written materials on each agenda item are available on the City’s website at: https://www.sealbeachca.gov/Government/Agendas-Notices-Meeting-Videos/Council- Commission-Meetings. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL ORAL COMMUNICATIONS At this time members of the public may address the Planning Commission regarding any items within the subject matter jurisdiction of the Commission. Pursuant to the Brown Act, the Commission cannot discuss or take action on any items not on the agenda unless authorized by law. Those members of the public wishing to speak are asked to come forward to the microphone and state their name for the record. All speakers will be limited to a period of 5 minutes. Speaker cards will be available at the Clerk’s desk for those wishing to sign up to address the Commission, although submission of a speaker card is not required in order to address the Commission. APPROVAL OF AGENDA By Motion of the Planning Commission this is the time to notify the public of any changes to the agenda, re- arrange the order of the agenda, and provide an opportunity for any member of the Planning Commission or staff to request an item be removed from the Consent Calendar for separate action. CONSENT CALENDAR A.Approval of the April 15, 2024 Planning Commission Minutes. CONTINUED ITEMS SCHEDULED MATTERS NEW BUSINESS PUBLIC HEARINGS B.Minor Use Permit 24-03 228 13th Street Applicant: Erin Cherson on behalf of Joe Sinatra and Carla Pellicano Request: For a Minor Use Permit (MUP 24-3) to allow a new 140 square foot loft (second-floor open area) within existing exterior walls, a roof addition over an existing second story balcony, and exterior modifications to an existing nonconforming single-family structure located in the Residential High Density 20 (RHD-20) zoning area. Recommendation: After conducting the Public Hearing, Staff recommends that the Planning Commission adopt Resolution No. 24-06, APPROVING Minor Use Permit 24-03 with Conditions, and find the project EXEMPT from CEQA. C.Zone Text Amendment 24-01 Citywide Applicant: The City of Seal Beach Request: For Zone Text Amendment 24-01 amending portions of Title 11 of the Seal Beach Municipal Code pertaining to residential development standards, commercial land use regulation, commercial development standards, off-street parking requirements, and shared parking agreements. Recommendation: That the Planning Commission hold a public hearing regarding Zone Text Amendment 24-01 and after considering all evidence and testimony presented adopt Resolution 24-05 recommending APPROVAL of Zone Text Amendment 24-01 to the City Council and finding the project EXEMPT from CEQA. DIRECTOR'S REPORT COMMISSION CONCERNS ADJOURNMENT Adjourn the Planning Commission to Monday, July 15, 2024 at 7:00 p.m. 8 3 0 PLANNING COMMISSION STAFF REPORT DATE:July 1, 2024 TO:Planning Commission THRU:Gloria D. Harper, City Clerk FROM:Alexa Smittle, Community Development Director SUBJECT:Approval of the April 15, 2024 Planning Commission Minutes RECOMMENDATION:Approve the minutes of the Planning Commission meeting held on April 15, 2024 Prepared by: Approved by: Gloria D. Harper Alexa Smittle Gloria D. Harper Alexa Smittle City Clerk Community Development Director Attachments: 1. April 15, 2024 Planning Commission Minutes 8 6 2 8 City of Seal Beach – Regular Meeting of the Planning Commission April 15, 2024 Chair Coles called the Planning Commission meeting to order at 7:00 p.m. Commissioner Wong led the Pledge of Allegiance. ROLL CALL Present: Commissioners: Mingione, Campbell, Wong, Wheeler, Coles Absent: None Staff Present: Amy Greyson, Senior Assistant City Attorney Alexa Smittle, Community Development Director Shaun Temple, Planning Manager Megan Coats, Management Analyst Gloria D. Harper, City Clerk Brandon DeCriscio, Deputy City Clerk PUBLIC COMMUNICATIONS Chair Coles opened public communications. Speaker: Rob Jahncke. Chair Coles closed public communications. Deputy City Clerk DeCriscio announced that eight (8) emailed comments were received after posting the agenda; they were distributed to the Planning Commission and made available to the public. APPROVAL OF AGENDA By Motion of the Planning Commission this is the time to notify the public of any changes to the agenda, re-arrange the order of the agenda, and provide an opportunity for any member of the Planning Commission or staff to request an item be removed from the Consent Calendar for separate action. Motion by Vice Chair Wheeler, second by Commissioner Wong to approve the agenda. AYES: Mingione, Wong, Campbell, Wheeler, Coles NOES: None ABSENT: None ABSTAIN: None Motion Carried. CONSENT CALENDAR A. Approval of the April 1, 2024, Planning Commission Minutes Motion by Commissioner Campbell second by Commissioner Wong to approve the consent calendar. 8 6 2 8 AYES: Mingione, Wong, Campbell, Wheeler, Coles NOES: None ABSENT: None ABSTAIN: None Motion Carried. CONTINUED ITEM(S) - None SCHEDULED MATTERS - None NEW BUSINESS – None PUBLIC HEARINGS B. Specific Plan Amendment 24-1 Main Street Specific Plan Area Applicant: The City of Seal Beach Request: For Specific Plan Amendment 24-1 to create an administrative permit process pertaining to Main Street outdoor uses, enhancements, and limited outdoor dining on the public right-of-way. Recommendation: That the Planning Commission hold a public hearing regarding the Main Street Specific Plan Amendment and after considering all evidence and testimony presented, recommend approval of Specific Plan Amendment 24-1 to the City Council, and find the project EXEMPT from CEQA. Management Analyst Coats provided a comprehensive staff report. Commissioners’ questions were addressed. Chair Coles opened the public hearing. Speakers: Matthew Terry, Jim Watson, Frank Ryan, Joseph Kirolos, Jeanna Mingram, Jennifer Ryan, Colvin English, Rob McCone, Rob Jahncke. Chair Coles closed the public hearing. A dialogue ensued between the Commissioners regarding the approval process, Americans with Disabilities Act compliance, the minimum clearance, and A-frame signage. The Commissioners’ questions were answered by Community Development Director Smittle and Planning Manager Temple. Commissioner Wong moved to continue the matter to a future meeting, seconded by Vice Chair Wheeler. Community Development Director Smittle requested further direction. Commissioner Wong indicated that he would like to see the installation of parking bollards in front of businesses where needed. Chair Coles moved to add language to the proposal to 8 6 2 8 state that the City Engineer can recommend bollards as needed, and to add language to terminate the permit if there are multiple code violations and further evaluate A-frame signage. Senior Assistant City Attorney Greyson noted that there was a motion and a second, and there could not be a new motion. Additionally, she noted that the current motion could be amended or withdrawn. Commissioner Wong withdrew his motion. Director Smittle explained that the Planning Commission could include any changes to the plan in their recommendation to Council. Commissioner Mingione questioned table dimensions and the permit process. Planning Manager Temple addressed his concerns. Commissioner Mingione recommended including verbiage to specify proper maintenance of the property be added to the proposal. Vice Chair Wheeler moved, second by Commissioner Mingione to approve staff recommendations with the addition of allowing outdoor merchandise on a table or rack with same requirements as a restaurant. Commissioner Mingione suggested an amendment to the motion to bolster the revocation section to include the proper maintenance of the property. Vice Chair Wheeler accepted the amendment. Chair Coles suggested an amendment to disallow A-frame signage. Vice Chair Wheeler denied this amendment. AYES: Mingione, Wong, Wheeler, Coles NOES: Campbell ABSENT: None ABSTAIN: None Motion Carried DIRECTOR’S REPORT Community Development Director Smittle reported that the Housing Element Update has been revised and posted on the city’s website. She noted that the document is available for public comment and review at any time and will be resubmitted to the State Department of Housing and Community Development at the end of the week for review. Commissioner Wheeler’s questions regarding the timeline for comments were addressed by Community Development Director Smittle COMMISSION CONCERNS – There were no commission concerns. ADJOURNMENT Chair Coles adjourned the Planning Commission meeting at 8:23 p.m. to Monday, May 6, 2024, at 7:00 p.m. 8 6 2 8 ___________________________ Gloria D. Harper, City Clerk Approved: _______________________ Richard Coles, Chair Attest: ____________________________ Gloria D. Harper, City Clerk 9 2 3 7 PLANNING COMMISSION STAFF REPORT DATE:July 1, 2024 TO:Planning Commission THRU:Alexa Smittle, Director of Community Development FROM:Patricia Garcia, Associate Planner SUBJECT:Request for a Minor Use Permit (MUP 24-3) to allow a new 140 square foot loft (second-floor open floor area) within existing exterior walls, a roof addition over an existing second story balcony, and exterior modifications to an existing nonconforming single-family structure located in the Residential High Density 20 (RHD-20) zoning area. LOCATION:228 13th Street APPLICANT:Erin Cherson on behalf of property owners Joseph Sinatra and Carla Pellicano RECOMMENDATION:After conducting the Public Hearing, staff recommends that the Planning Commission adopt Resolution No. 24-06, APPROVING Minor Use Permit 24-03 with Conditions, and find the project exempt from CEQA GENERAL PLAN DESIGNATION: RESIDENTIAL HIGH DENSITY ZONE:RHD-20 (RESIDENTIAL HIGH DENSITY-20) SITE DESCRIPTION:ASSESSOR’S PARCEL NUMBER: 043-134-23 LOT AREA (SF): 3,750 SQ. FT. GROSS FLOOR AREA: 2,719 SQ. FT. SURROUNDING PROPERTIES: NORTH: RESIDENTIAL HIGH DENSITY (RHD-20) SOUTH: RESIDENTIAL HIGH DENSITY (RHD-20) EAST: RESIDENTIAL HIGH DENSITY (RHD-20) 9 2 3 7 WEST: RESIDENTIAL HIGH DENSITY (RHD-20) ENVIRONMENTAL ASSESSMENT This project is determined to be a Class 1 (Existing Facility) Categorical Exemption pursuant to Section 15301 of the Guidelines for the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) to permit of the remodel at an existing nonconforming two-story single-family residence that only requires minor modification to complete the work. LEGAL NOTIFICATION The legal notice of this hearing was published in the Seal Beach Sun Newspaper on June 20, 2024, and mailed to property owners and occupants within a 300’ radius of the subject property at least ten days in advance, with affidavits of publishing and mailing on file. ANALYSIS Erin Cherson (“the applicant”) filed an application for Minor Use Permit (MUP) 24-03 requesting approval for minor improvements consisting of a new 140 square foot loft ( second floor open floor area) within existing exterior walls to replace a previously existing opening between the second and first floors; adding a roof over an existing second story balcony; and exterior modifications to a nonconforming single-family dwelling, to include a new linear fireplace for the existing living room, and an exterior fireplace/chimney for the outside patio. The subject site is an approximately 3,750 square foot lot located in the Old Town area within the Residential High Density 20 (RDH- 20) zone, and is surrounded by residential uses. The site is developed with a 2,719 square foot two-story residence with a 370 square foot attached garage. The subject property is nonconforming due to interior side and rear yard setbacks, and height. Seal Beach Municipal Code (SBMC) Table 11.2.05.015 (Development Standards for Residential Districts) properties zoned RHD-20 require interior side yard setbacks to be a minimum of 10% of the width of the lot. The subject lot has a width of 37.5 feet, the minimum required interior side yard setback is 3 feet 9 inches. The northeast and southwest walls of the existing single- family dwelling encroach into the 3 feet 9 inch required side yard setback. The rear yard setback for RHD-20 properties abutting an alley is 24 feet minus width of the alley. The alley abutting the rear property line has a width of 11 feet, making the required rear yard setback 13 feet. The existing garage is located 12 feet from the rear property line. The maximum height allowed is 25 feet, and the existing structure is 25 feet 6 inches. The SBMC Section 11.4.40.015.B (Minor Improvements to Nonconforming Residential Structures), requires that minor improvements of nonconforming structures obtain a minor use permit approval from the Planning Commission. Pursuant to this Section, minor improvements include interior wall modifications less than 25% of the structure’s interior walls and roof additions over balconies. The proposed loft will not be creating additional walls within the structure, but rather converting the existing high ceiling area into useable second story space. The applicant is also proposing to remove 12 square feet from the street-front elevation of the building to allow for the placement of a new street-facing window. Other minor improvements include accessory structural additions that do not add floor space, such as the proposed linear 9 2 3 7 fireplace and patio chimney. All the exterior materials and colors will match the existing structure. The requested modifications will not intensify the non-conformities as the modifications will comply with current development standards. The setbacks for the improvements will meet requirements, and the proposed fireplace and chimney will not exceed permissible architectural feature projections. The roofed area added to the existing balcony will match the roof of the existing structure and would not exceed the 25-foot maximum permitted height. Additionally, the proposed modifications will not increase the existing 44% lot coverage, which is below the maximum permitted lot coverage for the zone. No additional parking can be required per Assembly Bill 1308 (AB 1308). AB 1308 prohibits a public agency from requiring additional parking for a single-family residential project such as a remodel, if the project does not cause the residence to exceed maximum size limits such as height and lot coverage. CONCLUSION After conducting the public hearing and receiving testimony, staff recommends that the Planning Commission adopt attached Resolution No. 24-06 approving a new 140 square foot loft within existing exterior walls, a roof addition over an existing second story balcony, and exterior modifications to an existing nonconforming single-family structure in the RHD-20 Zone at 228 13th Street. Prepared by: Patricia Garcia Alexa Smittle Patricia Garcia Alexa Smittle Associate Planner Director of Community Development Attachments: 1. Resolution No. 24-06 2. Vicinity Map and Aerial Maps 3. Project Plans 1 of 4 RESOLUTION NO. 24-06 A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION APPROVING MINOR USE PERMIT 24-03 TO ALLOW A NEW 140 SQUARE FOOT LOFT (SECOND FLOOR OPEN SPACE AREA) WITHIN EXISTING EXTERIOR WALLS, A ROOF ADDITION OVER AN EXISTING SECOND STORY BALCONY, AND EXTERIOR MODIFICATIONS TO AN EXISTING NONCONFORMING SINGLE-FAMILY STRUCTURE LOCATED AT 228 13TH STREET IN THE RESIDENTIAL HIGH DENSITY (RHD-20) ZONE AREA. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE AS FOLLOWS: Section 1. Erin Cherson submitted an application to the City of Seal Beach Department of Community Development for Minor Use Permit (MUP) 24-03 on behalf of the property owner, to authorize minor improvements at an existing non-conforming single-family unit including a new 140 square foot loft (second floor open space area) within existing exterior walls, a roof addition over an existing second story balcony, and exterior modifications at 228 13th Street (the “subject property”), which is located in Residential High Density (RHD-20) Zone. Section 2. This project is determined to be a Class 1 (Existing Facility) Categorical Exemption pursuant to Section 15301 of the Guidelines for the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) for minor improvements within an existing single-family unit. Section 3. A duly noticed public hearing was held before the Planning Commission on July 1, 2024, to consider the application for MUP 24-03. At the public hearing, the Planning Commission received and considered all evidence presented, both written and oral, regarding the subject application. The record of the public hearing indicates the following: A. The applicant submitted an application to the Community Development Department for Minor Use Permit 24-03 for a proposed project at 228 13th Street. B. The subject property is a rectangular shaped lot with an area of approximately 3,750 square feet located on the east side of 13th Street between Electric Avenue and Landing Avenue in the Old Town area. The property averages 37 feet 6 inches wide by approximately 100 feet in depth. The site is surrounded by residential uses on all sides. C. The subject site is developed with a two-story single-family dwelling with an attached garage. Based on the existing setback conditions, the subject property Resolution 24-06 228 13th Street 2 of 49 2 0 5 is considered nonconforming because the primary residential structure does not maintain the required side yard setbacks, rear yard setbacks, and height. D. The Seal Beach Municipal Code (SBMC) Section 11.4.40.015.B (Minor Improvements to Nonconforming Residential Structures) allows minor improvements to nonconforming residential properties through the approval of a Minor Use Permit. E. The applicant is proposing a new 140 square foot loft within existing exterior walls, a roof addition over an existing second story balcony, and exterior modifications. Upon completion of the proposed improvements, the nonconformity related to the setbacks or height will not be further expanded or intensified. F. The exterior improvements involve creating two new chimneys and creating a new window opening on the western elevation of the existing structure by removing a portion of an architectural feature. The exterior materials will be consistent and complement the main residential dwelling unit. These alterations will not intensify any nonconforming condition. Section 4. Based upon the facts contained in the record, including those stated in the preceding Section of this Resolution and pursuant to Chapter 11.5.20.020 (Required Findings) of the Seal Beach Municipal Code, the Planning Commission makes the following findings: A. The proposed minor improvements are consistent with the General Plan. The General Plan identifies the Old Town Area as Planning Area 1. It encourages architectural diversity among the area while ensuring the compatibility between residential and commercial uses. The General Plan also recognizes existing nonconforming structures and permits minor alterations. The proposed addition will not alter existing character or the property, will not further intensify existing setback nonconformities, and will be consistent with other surrounding properties. B. The proposed use is allowed within the applicable zoning district with Minor Use Permit approval and will comply with all other applicable provisions of the Municipal Code. The subject site is located within the RHD-20 zone, an area where the SBMC Section 11.4.40.015 (Minor Improvements to Nonconforming Residential Structures) allows nonconforming structures minor improvements including interior modifications and exterior improvements with a minor use permit. C. The proposed use, as conditioned below, will be located on a site that is physically adequate for the type, density, and intensity of use being proposed, including provision of services, and the absence of physical constraints. The subject site is currently developed with a single-family residence with an attached garage and is considered nonconforming due to setbacks and height. The proposed improvements include a new 140 square foot loft within existing exterior walls, a roof addition over an existing second story balcony, and exterior modifications. The proposed construction will maintain development standards applicable to the RHD-20 zone. The improvements will Resolution 24-06 228 13th Street 3 of 49 2 0 5 not increase density or change beyond the existing use of the property and the proposed will be compliant with the current development standards applicable to the RHD-20 zone. D. The location, size, design, and operating characteristics of the proposed use, as conditioned below, will be compatible with and will not adversely affect uses and properties in the surrounding neighborhood. The subject site is located within the RHD-20 zone, which consists of properties developed as single family and multi- family residences. The improvement will not change the existing operating characteristics of the single-family residence and will remain similar to surrounding uses throughout RHD-20 zoned area. E. The establishment, maintenance, and operation of the proposed use will not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity. The improvements will not intensify use of the property. The subject site will continue to operate as a residential property, which is consistent with the uses in the surrounding neighborhood. Section 5. Based upon the foregoing, the Planning Commission hereby approves MUP 24-03 allowing minor improvements to a nonconforming structure, located at 228 13th Street, subject to the following conditions. 1. Minor Use Permit 24-03 is approved for minor improvements to a nonconforming single-family structure, at 228 13th Street. 2. All plan checks and future construction shall be in substantial compliance with the plans approved through Minor Use Permit 24-03. All new construction shall comply with all applicable state and local codes. 3. The applicant is required to obtain all Building and Safety permits prior to construction or demolition. 4. This MUP shall not become effective for any purpose unless/until a City “Acceptance of Conditions” form has been signed and notarized by the applicant before being returned to the Planning Department; and until the ten (10) calendar day appeal period has elapsed. 5. All materials, color, and finishes of the wall finish will be consistent with exterior finishes of the existing residential dwelling. 6. Approval of this request shall not waive compliance with all sections of the Municipal Code, or all other applicable City Ordinances in effect at the time of building permit issuance. 7. The Planning Commission reserves the right to revoke or modify this MUP in the event of any violation of the approved conditions or any violation of any provision of the Code of the City of Seal Beach. 8. This MUP shall become null and void unless exercised within one year of the date of final approval, or such extension of time as may be granted by the Planning Resolution 24-06 228 13th Street 4 of 49 2 0 5 Commission pursuant to a written request for extension submitted to the Community Development Department at least ninety days prior to such expiration date. 9. The applicant must indemnify, defend, and hold harmless the City, its agents, and employees (collectively “the City” hereinafter in this paragraph) from any and all claims and losses whatsoever occurring or resulting to any and all persons, firms, or corporations furnishing or supplying work, services, materials, or supplies in connection with the performance of the use permitted hereby or the exercise of the rights granted herein, and any and all claims, lawsuits or actions arising from the granting of or the exercise of the rights permitted by this Conditional Use Permit, and from any and all claims and losses occurring or resulting to any person, firm, corporation or property for damage, injury or death arising out of or connected with the performance of the use permitted hereby. Applicant’s obligation to indemnify, defend, and hold harmless the City as stated herein shall include, but not be limited to, paying all fees and costs incurred by legal counsel of the City’s choice in representing the City in connection with any such claims, losses, lawsuits or actions, expert witness fees, and any award of damages, judgments, verdicts, court costs or attorneys’ fees in any such lawsuit or action. 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 NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners _____________________________________ Richard Coles Chairperson ATTEST: __________________________ Alexa Smittle Planning Commission Secretary VICINITY MAP: AERIAL MAP: 606 CENTRAL AVE.SEAL BEACH, CA90740PH: 562-596-0495PH: 562-682-0927E-MAIL: ERIN@CWARCHITECTS.NETWWW.CWARCHITECTS.NETCHERSON WEISS ARCHITECTS PROPERTY OWNER: JOE SINATRA & CARLA PELLICANO 228 13TH STREET SEAL BEACH, CA 90740 AGENT: ERIN CHERSON 606 CENTRAL AVENUE SEAL BEACH, CA 90740 PH: 562-682-0927 ERIN@CWARCHITECTS.NET DATE OF PREPARATION: JUNE 12, 2024 PROJECT ADDRESS: 228 13TH STREET ACCESSORS PARCEL NO.: 043-134-23 LOT: 28 BLOCK: 222 TRACT NO. 10 LICENS E D ARCHI TECTC-32745 1/31/25 RENEWAL DATESTATE OF CA L IF O RNIAERIN JUSTINE CHERSON SINATRA RESIDENCE 228 13TH STREET SEAL BEACH, CA 90740 4'-5 1/2"A-1 TITLE SHEET / SITE PLAN DIRECTORY ARCHITECT: CHERSON WEISS ARCHITECTS 606 CENTRAL AVENUE SEAL BEACH, CALIFORNIA 90740 PH: 562-566-0495 PH: 562-682-0927 ERIN@CWARCHITECTS.NET OWNER: JOE SINATRA AND CARLA PELLICANO 228 13TH STREET SEAL BEACH, CA 90740 SCOPE OF WORK ZONING DESCRIPTION REQUIRED EXISTING CONFORMS USE SINGLE UNIT DWELLING SINGLE UNIT DWELLING YES ZONE RHD-20 RHD-20 YES LOT AREA 3,750 SQ. FT. MIN.3,750 SQ. FT.YES LOT WIDTH (AVG.)37'-6" 37'-6"YES LOT DEPTH (AVG.)100'-0" MIN.100'-0"YES MAX. BUILD. HEIGHT 25'-0" 25'-6 1/8"NO SETBACKS: FRONT (13TH STREET)12'-0" AVERAGE / 6'-0" MIN.12'-0" AVERAGE / 6'-0" MIN.YES REAR (ALLEY)13'-0"12'-0"NO SIDE (INTERIOR) 3'-9"2'-10" AT GARAGE NO LOT COVERAGE (MAX.)75% OR 2,812.50 48.8% OR 1,832 YES PROJECT DATA VICINITY MAPSHEET INDEX A-1 TITLE SHEET / SITE PLAN A-2 PROPOSED FIRST & SECOND FLOOR PLAN A-3 PROPOSED ROOF PLAN A-4 PROPOSED EXTERIOR ELEVATIONS S-1 SURVEY APPLICABLE CODES: CURRENT EDITION CITY OF SEAL BEACH MUNICIPAL CODE 2022 CALIFORNIA BUILDING CODE 2022 CALIFORNIA FIRE CODE 2022 CALIFORNIA MECHANICAL CODE 2022 CALIFORNIA PLUMBING CODE 2022 CALIFORNIA ELECTRICAL CODE 2022 CALIFORNIA ENERGY CODE 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE USE/OCCUPANCY OCCUPANCY: R3 - U USE: S.F.D. WITH ATTACHED GARAGE CONSTRUCTION TYPE: V-B SPRINKERS: NO STORIES:2 SITE DESCRIPTION PROPOSED RESIDENCE (E) FIRST FLOOR 1,310 SQ. FT. PERMEABLE/PAVING IN FRONT YARD 50% MIN. FRONT & SIDE 63.3% OR 286 SQ. FT. YES MIN. SITE AREA DEVOTED TO LANDSCAPE 15% OR 562.5 SQ. FT.25.6% OR 961 SQ. FT.YES SITE PLAN SCALE: 1/8" = 1'-0" 1 KEYNOTES 01 POWER POLE (E) 02 04 05 06 GAS METER (E) ELECTRICAL METER (E) WATER METER (E) 07 09 6'-0" MIN. FRONT YARD SETBACK LINE 12'-0" AVERAGE FRONT YARD SETBACK LINE WALL ALONG PROPERTY LINE (E) NO CHANGE PROPOSED PROPERTY LINE SETBACK LINE PERIMETER WALLS TO BE REMOVED LEGEND PERIMETER WALLS OF STRUCTURE CENTERLINE OF STREET FRONT SETBACK CALC. FOR A 37.5 FOOT WIDE LOT: REQUIRED: 12 X (37'-6" - 7'-6") = 360 SQ. FT. (EACH LEVEL) PROVIDED: GROUND LEVEL SETBACK AREA = 398 SQ. FT. > 360 SQ. FT. SECOND LEVEL SETBACK AREA = 373 SQ. FT. > 360 SQ. FT. 03 08 3'-9" INTERIOR SIDE YARD SETBACK LINE (10% LOT WIDTH) (E) SECOND FLOOR 1,409 SQ. FT. (E) GARAGE (NO CHANGE PROPOSED) 370 SQ. FT. N5 8 Ā43 ' 0 0 " W 10 0 . 0 0 ' N5 8 Ā43 ' 0 0 " W 10 0 . 0 0 'N31Ā17'00"E37.50'N31Ā17'00"E37.50'LAWN (E) RESIDENCE (E) FF: 9.66’ T4"ALLEY13TH STREETCONC3'-9"11 ' - 8 " 10 ' - 8 "3'-5 1/2"13 ' - 0 " 11 ' - 0 "2'-10"3'-10"4'-5"16 ' - 6 " 01 02 03 04 13'-0" REAR YARD SETBACK LINE (24'-0" - ALLEY WIDTH) OUTLINE OF SECOND STORY ABOVECONC. (E)GARAGE (E) FF: 7.87'3'-9"CONC.CONC. (E)6'- 9 1 / 2 " (N) NET AREA REMOVED TO FIRST FLOOR -12 SQ. FT. TOTAL:2,847 SQ. FT. 12 ' - 0 " AREA OF ADDITION AREA TO BE REMOVED NEW PERIMETER WALLS 09 08 07 06 06 05 05 (E) BALCONY TO BE COVERED 74 SQ. FT. (N) CONVERTED LOFT 140 SQ. FT. CONC. (E)4A-11A-12A-13A-15A-16A-11 2 3 4 5 6 7.57' N.G. 9.43' N.G.2'-0"PROPOSED FIREPLACE, ALLOWED TO PROJECT INTO THE INTERIOR SIDE YARD SETBACK AVERAGE NAT. GRADE CALC. NATURAL GRADE ELEVATIONS FOR RESIDENCE; (7.57' + 9.43' = 17.1') / 2 = 8.5' AVERAGE NATURAL GRADE = 8.5' NEW LINEAR FIREPLACE 140 SQUARE FOOT INFILL TO CREATE LOFT IN TWO STORY RESIDENCE WITH ATTACHED GARAGE. RENOVATE EXISTING KITCHEN. NEW ROOF OVER EXISTING BALCONY. A-2 PROPOSED FIRST AND SECOND FLOOR PLANS PROPOSED FIRST FLOOR PLAN SCALE: 1/4" = 1'-0" 1 PROPOSED SECOND FLOOR PLAN SCALE: 1/4" = 1'-0" 1 3'-9"3'-9"3'-9"2'-0"11'-9" 16'-9" 10'-9"2'-10"12'-0" 13'-0" 6'-7"3'-9"3'-8"3'-9"2'-10"3'-5 1/2"NEW LINEAR FIREPLACE 12 SQ. FT REMOVED GARAGE (E)KITCHEN (E)DINING ROOM (E) LIVING ROOM (E) P.R. (E) BATH (E) BEDROOM (E) UP ENTRY (E) BED (E) BED (E)BATH (E) DN LOFT (N)BED (E)LAUNDRY (E) BALCONY (E) PRIMARY BEDROOM (E) PRIMARY BATH (E) PRIMARY CLOSET (E) OPEN TO BELOW 74 SQ. FT. BALCONY TO BE COVERED 140 SQ. FT. TO INFILL TWO STORY VOLUME TO CREATE LOFT WITHIN EXISTING EXTERIOR WALLS PROPERTY LINE SETBACK LINE WALLS TO BE REMOVED LEGEND EXISTING WALLS TO REMAIN AREA OF ADDITION AREA TO BE REMOVED NEW WALLS 13'-10 1/2"7'-6" 10'-11" 15'-1"10'-7 1/2"12'-10"5'-0 1/2"6'-11 1/2" 2 A-3 606 CENTRAL AVE.SEAL BEACH, CA90740PH: 562-596-0495PH: 562-682-0927E-MAIL: ERIN@CWARCHITECTS.NETWWW.CWARCHITECTS.NETCHERSON WEISS ARCHITECTS PROPERTY OWNER: JOE SINATRA & CARLA PELLICANO 228 13TH STREET SEAL BEACH, CA 90740 AGENT: ERIN CHERSON 606 CENTRAL AVENUE SEAL BEACH, CA 90740 PH: 562-682-0927 ERIN@CWARCHITECTS.NET DATE OF PREPARATION: JUNE 12, 2024 PROJECT ADDRESS: 228 13TH STREET ACCESSORS PARCEL NO.: 043-134-23 LOT: 28 BLOCK: 222 TRACT NO. 10 LICENS E D ARCHI TECTC-32745 1/31/25 RENEWAL DATESTATE OF CA L IF O RNIAERIN JUSTINE CHERSON SINATRA RESIDENCE 228 13TH STREET SEAL BEACH, CA 90740 606 CENTRAL AVE.SEAL BEACH, CA90740PH: 562-596-0495PH: 562-682-0927E-MAIL: ERIN@CWARCHITECTS.NETWWW.CWARCHITECTS.NETCHERSON WEISS ARCHITECTS PROPERTY OWNER: JOE SINATRA & CARLA PELLICANO 228 13TH STREET SEAL BEACH, CA 90740 AGENT: ERIN CHERSON 606 CENTRAL AVENUE SEAL BEACH, CA 90740 PH: 562-682-0927 ERIN@CWARCHITECTS.NET DATE OF PREPARATION: JUNE 12, 2024 PROJECT ADDRESS: 228 13TH STREET ACCESSORS PARCEL NO.: 043-134-23 LOT: 28 BLOCK: 222 TRACT NO. 10 LICENS E D ARCHI TECTC-32745 1/31/25 RENEWAL DATESTATE OF CA L IF O RNIAERIN JUSTINE CHERSON SINATRA RESIDENCE 228 13TH STREET SEAL BEACH, CA 90740 A-3 ROOF PLAN SINATRA RESIDENCE 228 13TH STREET SEAL BEACH, CA 90740 ROOF PLAN SCALE: 1/4" = 1'-0" 1 LEGEND AREA OF NEW ROOF TO BE ASPHALT SHINGLES TO MATCH EXISTING SOLAR PANELS 3'-1"11'-10 1/2"7'-5"8"13'-2 1/2"2'-0"2'-11" 6"6"11'-3"1'-9 1/2"1/4:12 (E) 1/4:12 (E) 6.2 :12 (E) 3.8 :12 (E) 6.2 :12 (N) 6.2 :12 (N) 1/ 4 : 1 2 ( E ) 1/4:12 (E)33.67 T.O. PARAPET 30.84 T.O. PARAPET 30.84 T.O. PARAPET 32.74 RIDGE 31.16' T.O. PARAPET 27.95' EDGE OF EAVEGUTTER 25.49' EDGE OF EAVE 21.6' EDGE OF EAVE 20.26' EDGE OF EAVE 9"BUILT UP FLAT ROOF BUILT UP FLAT ROOF BUILT UP FLAT ROOF BUILT UP FLAT ROOF 9.66' F.F. (E) 8.16' N.G. 33.67' T.O.R. (E) 33.16' MAX. HEIGHT 7.87' F.F. (E) 18.99' F.F. (E)25'-0"25'-6 1/8"SECTION SCALE: 1/4" = 1'-0" 2 29.16' T.O.R. (N) BED (E)BALCONY (E) KITCHEN (E) 606 CENTRAL AVE.SEAL BEACH, CA90740PH: 562-596-0495PH: 562-682-0927E-MAIL: ERIN@CWARCHITECTS.NETWWW.CWARCHITECTS.NETCHERSON WEISS ARCHITECTS PROPERTY OWNER: JOE SINATRA & CARLA PELLICANO 228 13TH STREET SEAL BEACH, CA 90740 AGENT: ERIN CHERSON 606 CENTRAL AVENUE SEAL BEACH, CA 90740 PH: 562-682-0927 ERIN@CWARCHITECTS.NET DATE OF PREPARATION: JUNE 12, 2024 PROJECT ADDRESS: 228 13TH STREET ACCESSORS PARCEL NO.: 043-134-23 LOT: 28 BLOCK: 222 TRACT NO. 10 LICENS E D ARCHI TECTC-32745 1/31/25 RENEWAL DATESTATE OF CA L IF O RNIAERIN JUSTINE CHERSON SINATRA RESIDENCE 228 13TH STREET SEAL BEACH, CA 90740 A-4 EXTERIOR ELEVATIONS 9.66' F.F. (E) 8.5' N.G. 33.67' T.O.R. (E) 33.5' MAX. HEIGHT 9.66' F.F. (E) 8.5' N.G. 33.67' T.O.R. (E) 33.5' MAX. HEIGHT 7.87' F.F. (E) 9.66' F.F. (E) 8.16' N.G. 33.67' T.O.R. (E) 33.16' MAX. HEIGHT 7.87' F.F. (E) 9.66' F.F. (E) 8.5' N.G. 33.67' T.O.R. (E) 33.5' MAX. HEIGHT 18.99' F.F. (E) 18.99' F.F. (E) 18.99' F.F. (E) 18.99' F.F. (E) (N)(N) (N)(N) (N)(N)(N) (N) OPEN TO BALCONY (N)25'-0"25'-0"25'-0"25'-0"25'-2"(N)25'-2"25'-2"25'-6 1/8"AREA OF NEW ROOF TO BE ASPHAULT SHINGLES TO MATCH EXISTING NORTH ELEVATION SCALE: 1/4" = 1'-0" 1 SOUTH ELEVATION SCALE: 1/4" = 1'-0" 2 EAST ELEVATION SCALE: 1/4" = 1'-0" 3 WEST ELEVATION SCALE: 1/4" = 1'-0" 4 29.16' T.O.R. (N) STUCCO TO MATCH EXISTING STUCCO TO MATCH EXISTING 29.16' T.O.R. (N) OPEN TO BALCONY 606 CENTRAL AVE.SEAL BEACH, CA90740PH: 562-596-0495PH: 562-682-0927E-MAIL: ERIN@CWARCHITECTS.NETWWW.CWARCHITECTS.NETCHERSON WEISS ARCHITECTS PROPERTY OWNER: JOE SINATRA & CARLA PELLICANO 228 13TH STREET SEAL BEACH, CA 90740 AGENT: ERIN CHERSON 606 CENTRAL AVENUE SEAL BEACH, CA 90740 PH: 562-682-0927 ERIN@CWARCHITECTS.NET DATE OF PREPARATION: JUNE 12, 2024 PROJECT ADDRESS: 228 13TH STREET ACCESSORS PARCEL NO.: 043-134-23 LOT: 28 BLOCK: 222 TRACT NO. 10 LICENS E D ARCHI TECTC-32745 1/31/25 RENEWAL DATESTATE OF CA L IF O RNIAERIN JUSTINE CHERSON SINATRA RESIDENCE 228 13TH STREET SEAL BEACH, CA 90740 S-1 SURVEY PLANNING COMMISSION STAFF REPORT ______________________________________________________________________ DATE:July 1, 2024 TO:Planning Commission THRU: Alexa Smittle, Community Development Director FROM:Shaun Temple, AICP, Planning Manager SUBJECT: ZONE TEXT AMENDMENT 24-01 AMENDING PORTIONS OF TITLE 11 OF THE SEAL BEACH MUNICIPAL CODE PERTAINING TO RESIDENTIAL DEVELOPMENT STANDARDS, COMMERCIAL LAND USE REGULATION, COMMERCIAL DEVELOPMENT STANDARDS, OFF-STREET PARKING REQUIREMENTS, AND SHARED PARKING AGREEMENTS. LOCATION:Citywide RECOMMENDATION:That the Planning Commission hold a public hearing regarding Zone Text Amendment 24-01 and after considering all evidence and testimony presented adopt Resolution 24-05 recommending approval of Zone Text Amendment 24-01 to the City Council and finding the project exempt from CEQA. ENVIRONMENTAL ASSESSMENT Pursuant to the California Environmental Quality Act (“CEQA”), the Community Development Department has determined that the proposed zone text amendment 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. The amendment, therefore, is exempt from the requirements of CEQA under CEQA Guidelines Section 4 Page 2 of 18 1 8 1 9 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. LEGAL NOTIFICATION Legal notice of the Public Hearing was published in the Sun Newspaper on June 20, 2024. An affidavit of publication is on file. As of the date of this report, no public comment has been received. Any additional written comments received will be forwarded under separate cover. BACKGROUND This Zoning Text Amendment (ZTA) consists of two parts: 1) a “code clean up” to revise various errors that exist within the Municipal Code that staff has encountered or have been brought to our attention; and 2) to update the Zoning Code regarding new state mandates on parking requirements pursuant to Assembly Bill 1308 (AB 1308) and Senate Bill 894 (SB 894). These revisions will address areas within the Zoning Code that pertain to Residential Development Standards, Commercial Land Use Regulations, Commercial Development Standard, Off-Street Parking Regulations, and Share Parking Agreements. These code revisions are recommended to provide the most current and correct information and to prevent any informational discrepancies. An analysis of each section will be provided followed by the amended sections of the Zoning Code. ANALYSIS Residential Development Standards Seal Beach Municipal Code (SBMC) Table 11.2.05.015 (Development Standards for Residential Districts) of the Municipal Code, prescribes the development regulations for residential districts, including lot dimensions, building form and location, pedestrian orientation, vehicle accommodation and other standards. This Table requires an update to reflect Ordinance 1646, which was adopted by City Council on July 13, 2015, and created a regulation that structures in the RHD-20 Zone (primarily the Old Town residential area), shall not exceed two stories in height. The proposed action corrects a discrepancy created by Ordinance 1647, which was adopted two weeks later by City Council on July 27, 2015, and made an update to the RLD-9 Zone in the same Table. The updated code section in Ordinance 1647 did not include the updated language from Ordinance 1646, so when the Zoning Code was updated, the most recent language from Ordinance 1647 was incorporated, revising the language from Ordinance 1646. Upon review of the record, staff firmly believes this series of events inadvertently removed the two-story restriction from the Zoning Code that was approved pursuant to Ordinance 1646. This ZTA proposes to correct the language and re-implement the two-story restriction in the RHD-20 zone as approved in Ordinance 1646. Table 11.2.05.015 is proposed to be updated as shown below, with the text proposed to be added in bold and underlined (The proposed change can be found in the second row of the bottom section of the Table, “Main Building Envelope”). 4 Page 3 of 18 1 8 1 9 Table 11.2.05.015 DEVELOPMENT STANDARDS FOR RESIDENTIAL DISTRICTS RLD-9 RLD-15 RMD-18 RHD-20 RHD-33 RHD-46 Supplemental Regulations Density/Intensity of Use - Lot Dimensions Maximum Density 1 unit per 5,000 sq. ft. of lot area, plus an “Accessory Dwelling Unit” 1 unit per 3,000 sq. ft. of lot area, plus an “Accessory Dwelling Unit” 1 unit per 2,500 sq. ft. of lot area 1 unit per 2,178 sq. ft. of lot area 1 unit per 1,350 sq. ft. of lot area 1 unit per 960 sq. ft. of lot area See Section 11.4.05.115 for Accessory Dwelling Unit standards. See subsection A for Surfside Standards Maximum Density with State Affordable Housing Bonus (du/ac) See Chapter 11.4.55: Affordable Housing Bonus Minimum Lot Area (sq. ft.) Interior Lots 5,000 3,000 5,000 2,500 5,000 5,000 (W) See Section 11.4.05.115 for Accessory Dwelling Unit standards. Corner Lots 5,500 3,000 5,500 2,500 5,500 5,500 (W) See Section 11.4.05.115 for Accessory Dwelling Unit standards. Nonresidential Uses 10,000 10,000 10,000 10,000 10,000 10,000 Minimum Lot Size (ft.) Interior Lots 50 x 100 30 x 80 50 x 100 25 x 100 50 x 100 50 x 100 (W) Corner Lots 55 x 100 35 x 80 50 x 100 25 x 100 55 x 100 55 x 100 (W) Minimum Floor Area (sq. ft.) Primary Dwelling Unit 1,200 1,200 (E)950 950 950 950 Junior Accessory Dwelling Unit 150 150 150 150 150 150 1-Bedroom Accessory Dwelling Unit 400 400 400 400 400 400 2+-Bedroom Accessory Dwelling Unit 600 600 600 600 600 600 Maximum Floor Area for Accessory Dwelling Units (sq. ft.) Junior Accessory Dwelling Unit 500 500 500 500 500 500 Detached Accessory Dwelling Unit 1,200 (L-4) 1,200 (L-4) 1,200 (L-4) 1,200 (L-4) 1,200 (L-4) 1,200 (L-4) Attached Accessory Dwelling Unit 1,200 (L-4) 1,200 (L-4) 1,200 (L-4) 1,200 (L-4) 1,200 (L-4) 1,200 (L-4) L-3 Maximum Lot Coverage (%)(B)67 50 75 (B)60 80 (B) (W) 4 Page 4 of 18 1 8 1 9 RLD-9 RLD-15 RMD-18 RHD-20 RHD-33 RHD-46 Supplemental Regulations Substandard Lot Standards Yes Yes Yes Yes Yes Yes (C) Building Form and Location Minimum Yards (ft.) Front - Minimum (D)(E) Average 12; minimum 6 Average 12; minimum 6 18 18 (D) (E) (W); L-2 Interior Side - Minimum (A) (D)(E) 10% of lot width; 3 ft. minimum; 10 ft. maximum 10% of lot width; 3 ft. minimum; 10 ft. maximum 10% of lot width; 3 ft. minimum; 10 ft. maximum 10% of lot width; 3 ft. minimum; 10 ft. maximum (A) (D) (E) (W) Corner Side - Minimum 15% of lot width; 10 ft. maximum (E) 15% of lot width; 10 ft. maximum 15% of lot width; 10 ft. maximum 15% of lot width; 10 ft. maximum 15% of lot width; 10 ft. maximum (E) (W) Rear 10 (E) 5 ft.; but when abutting an alley 24 ft. minus width of the alley 24 ft. minus width of the alley 24 ft. minus width of the alley (E) (W) Main Building Envelope Flood Zone Heights Yes Yes Yes Yes Yes Yes (F) Maximum Height (ft.)25 (A) (G) (not to exceed 2 stories) 25 (E)(G) 25 (not to exceed 2 stories) 35 35 (A) (G) (E) (W) Maximum Height of Downslope Skirt Walls (ft.)6 6 6 6 6 6 (H) Projections Yes Yes (E)Yes Yes Yes Yes (I) (E) (W) Minimum Distance Between Buildings on the Same Lot (ft.) 6 6 6 6 6 10-20 (J) Minimum Court Dimensions (ft.)————15 15 Land Use Regulations – Commercial and Mixed-Use Districts SBMC Section 11.2.10.010 (Commercial Land Use Regulation) sets forth regulations on which uses are allowed within Commercial and Mixed-Use Zones, and by which review process – whether by administrative review, minor use permit, or conditional use permit the use may be allowed. Amendment to this section is necessary because uses subject to a minor use permit have been misidentified by the letter designation “A” for administrative review, rather than “M” (Minor Use Permit) within Table 11.2.10.010. 4 Page 5 of 18 1 8 1 9 This ZTA proposes to revise the “A”s in Table 11.2.10.010 to “M”s as the letter designation to reflect the need for a Minor Use Permit. In Section 11.2.10.010, when listing what each letter designation means, that provision does not include “A” as a permit type. Rather, it lists “P” for uses permitted by-right, “L” for uses permitted by-right but subject to limitations, “M” for uses subject to a minor use permit, “C” for uses subject to a conditional use permit, and “-“ for uses that are not permitted. Upon review of the 2010 Zoning Code update, it was identified that an Administrative Use Permit – “A” was proposed as a permit type for the proposed new Zoning Code, which would be a discretionary review of a land use application by the Community Development Director,appealable to the Planning Commission. However, during review of the draft zoning code ordinance, the City Council modified the proposal, changing all reference of AUPs to Minor Use Permits (MUP) that would be reviewed by the Planning Commission. This was approved by the City Council through Resolution 6005 on October 11, 2010 and Ordinance 1598 on October 25, 2010. The code at that time was updated to change all reference of AUPs to MUPs, except with regard to the “A”s as listed in Table 11.2.10.010. The following table provides a line-by-line review with the text proposed to be added in bold and underlined, and text proposed for removal with a strikethrough. Table 11.2.10.010 USE REGULATIONS—COMMERCIAL AND MIXED-USE DISTRICTS LC/RM D PO MSSP SC GC Additional Regulations Residential Use Types Single Unit Residential P —L-1 ——See Section 11.2.10.015 and Section 11.4.05.060 Second Unit ————— Two-Unit Residential (Duplex)P — L-1 —— Multiple Unit Residential P —L-1 —— Family Day Care Small Family P ———— Large Family C C —C C See Section 11.4.05.045 Group Housing —C ——— Senior Citizen Housing ————— Commercial Marijuana Uses ————— See Section 11.4.100.010.A and C; and Section 5.70.025 Marijuana—Outdoor Cultivation —————See Section 11.4.100.010.B; and Section 5.70.025 Marijuana—Indoor Cultivation at Private Residence (legally L-7 L-7 L-7 L-7 L-7 See Section 11.4.100.010.C.1 and C; and Section 5.70.025 4 Page 6 of 18 1 8 1 9 LC/RM D PO MSSP SC GC Additional Regulations nonconforming private residence) Public, Semi-Public, and Service Use Types Clubs and Lodges ———C C See Section 11.4.05.080 Community Center C C —C C Community Social Service Facilities —C —C C Cultural Institutions —C —C C See Section 11.4.05.080 Day Care Center C C —C C See Section 11.4.05.045 Government Offices AM AM AM AM AM Hospitals and Clinics Hospitals —C —C C Clinics —C —C C Park and Recreation Facilities P P P P P Parking Facilities, Public C C C C C See Chapter 11.4.20 Public Safety Facilities AM AM AM AM AM Religious Facilities —C —C C Residential Care Facilities See Section 11.4.05.105 Residential Care, General —C —C C Residential Care, Limited P C —C C Residential Care, Senior —C —C C Schools, Private C C —C C See Section 11.4.05.080 Commercial Marijuana Uses ————— See Section 11.4.100.010.A and C; and Section 5.70.025 Marijuana—Outdoor Cultivation —————See Section 11.4.100.010.B; and Section 5.70.025 Marijuana—Indoor Cultivation at Private Residence (legally nonconforming private residence) L-7 L-7 L-7 L-7 L-7 See Section 11.4.100.010.C.1 and C; and Section 5.70.025 Commercial Use Types Adult Business Establishments ————P See Chapter 11.4.50 Animal Sales and Services ——AM AM AM Artists’ Studios P P P P P Automobile/Vehicle Sales and Services Automobile Rentals ———AM AM Automobile/Vehicle Sales and Leasing ————P 4 Page 7 of 18 1 8 1 9 LC/RM D PO MSSP SC GC Additional Regulations Automobile/Vehicle Service and Repair, Major ———C C See Section 11.4.05.040 Automobile Service Stations/Vehicle Service and Repair, Minor ———C C See Section 11.4.05.035 Automobile Washing ———AM AM Large Vehicle Sales, Services and Rental ————AM Bakery L-4 —L-4 L-4 L-4 Banks and Other Financial Institutions —P P P P With Drive-Through Facilities —C C C C See Section 11.4.05.050 Automated Teller Machines (ATMs)—AM AM AM AM See Section 11.4.05.030 Building Materials and Services ————C Business Services P P L-2, L-3 P P Commercial Recreation Large-scale ———C C Small-scale ———AM AM Eating and Drinking Establishments Bars ——C C C Coffee House/ Dessert Shop ——P; L-5; L-6 P P Restaurants, Fast Food ———C C See Section 11.4.05.050 Restaurants, Full Service ——P, C P, C P, C See Section 11.4.05.015 Restaurants, Limited Service ——P P P See Section 11.4.05.015 Restaurants, Take Out Only ——P AM AM With Drive-Through Facilities ———C C See Section 11.4.05.050 With Outdoor Eating Areas ——AM, C AM, C AM, C See Section 11.4.05.090 Extended Hour Business C ——C C See Section 11.4.05.055 Food and Beverage Sales Catering Services ————P Convenience Market ———P, C P, C See Section 11.4.05.015 General Market ——P, C P, C P, C See Section 11.4.05.015 Liquor Stores ——C C C See Section 11.4.05.070 Funeral Parlors and Mortuaries ————P Home Improvement Sales and Services ————C See Sections 11.4.05.090 and 11.4.05.140 Hotels and Motels ————C 4 Page 8 of 18 1 8 1 9 LC/RM D PO MSSP SC GC Additional Regulations Kennel ———C C Kiosks ———AM AM See Section 11.4.05.065 Laboratories —P L-2, L-3 P P Maintenance and Repair Services P ——P P Massage Establishment P P L-2, L-3 P P See Chapter 5.45, Massage and Massage Establishments Commercial Marijuana Uses ————— See Section 11.4.100.010.A and C; and Section 5.70.025 Marijuana—Outdoor Cultivation —————See Section 11.4.100.010.B; and Section 5.70.025 Marijuana—Indoor Cultivation at Private Residence (legally nonconforming private residence) L-7 L-7 L-7 L-7 L-7 See Section 11.4.100.010.C.1 and C; and Section 5.70.025 Offices, Business and Professional P P L-2, L-3 P P Walk-in Clientele P P L-2, L-3 P P Offices, Medical and Dental P P L-2, L-3 P P Parking Facilities, Commercial ——C —C See Chapter 11.4.20 Personal Services P P P P P Retail Sales P —P P P See Section 11.4.05.090 Large Format ———P P See Section 11.4.05.140 Smoke Shop ———C C See Chapter 5.75 Tattoo Establishments ————C See Chapter 11.4.65 Theaters ——C —C Light Manufacturing Use Types Contractors’ Yards ————— Handicraft/Custom Manufacturing P P P P P Industry, Limited ————— Industry, General ————— Warehousing and Storage Commercial Marijuana Uses ————— See Section 11.4.100.010.A and C; and Section 5.70.025 Marijuana—Outdoor Cultivation —————See Section 11.4.100.010.B; and Section 5.70.025 Marijuana—Indoor Cultivation at Private L-7 L-7 L-7 L-7 L-7 See Section 11.4.100.010.C.1 and C; and Section 5.70.025 4 Page 9 of 18 1 8 1 9 LC/RM D PO MSSP SC GC Additional Regulations Residence (legally nonconforming private residence) Indoor Commercial Storage ————— Outdoor Storage ————— Personal Storage ————— Transportation, Communication, and Utility Use Types Wireless Communication Facilities See Chapter 11.4.70 Antennae and Transmission Towers C C C C C Satellite dishes less than 79″ in diameter P P P P P Recycling Facilities See Section 11.4.10.025 Recycling Collection Point ———C C Recycling Processing Facility ————C Reverse Vending Machines P P P P P Utilities, Major Hazardous Waste Facility ————C See Chapter 11.4.60 Utilities, Minor P P P P P Agriculture Use Types Nurseries ——P P P Commercial Marijuana Uses ————— See Section 11.4.100.010.A and C; and Section 5.70.025 Marijuana—Outdoor Cultivation —————See Section 11.4.100.010.B; and Section 5.70.025 Marijuana—Indoor Cultivation at Private Residence (legally nonconforming private residence) L-7 L-7 L-7 L-7 L-7 See Section 11.4.100.010.C.1 and C; and Section 5.70.025 Other Applicable Use Regulations Accessory Use See Section 11.4.05.010: Accessory Business Uses and Activities Nonconforming Use See Chapter 11.4.40: Nonconforming Uses, Structures, and Lots Temporary Use See Chapter 11.5.25: Director Determinations 4 Page 10 of 18 1 8 1 9 Development Standards – Commercial and Mixed-Use Districts SBMC Section 11.2.10.015 sets forth development standards in the Commercial and Mixed-Use Zones. In Section 11.2.10.015.C.1, the street frontage setbacks for commercial buildings in SC District II and GC District II (the commercial area south of the Pacific Coast Highway (PCH), and north of 5th Street and Marina Drive) have been erroneously listed with the Height standard of the same zone. The current designation street frontage setback is “35 feet, 3 story maximum”, but a “story” maximum on setback does not make sense and the 35 feet is not consistent with other commercial properties along the PCH, which are given a setback of “0 feet” (zero). Staff believes this error occurred during the 2010 Zoning Code update as the previous version of the Code indicates the street frontage setback as “0 feet”, and there is no mention of change to this setback in the 2010 code update. This ZTA proposes to correct the street frontage setback from “35 feet, 3 story maximum” to “0 feet”. The following table provides a line-by-line review with the text proposed to be added in bold and underlined, and text proposed for removal with a strikethrough. Table 11.2.10.015.C.1 BUILDING SETBACKS FROM STREET FRONTAGES— COMMERCIAL AND MIXED-USE DISTRICTS Commercial District Street Frontage Building Setback LC-RMD District Commercial Use 6 foot average; 3 foot minimum Side Street 10% lot width; 5 foot maximum Residential Use 12 foot average; 6 foot minimum Side Street 10% lot width; 8 foot maximum PO District District I 10 feet minimum Side Street 15% lot width; 3 foot minimum; 10 foot maximum District II 18 feet minimum Side Street 15% lot width; 5 foot minimum; 15 foot maximum MSSP District 0 feet SC District District I 0 feet District II 35 feet, 3 story maximum 0 feet Side Street 15% lot width; 6 foot maximum Rear Street 6 feet minimum GC District District I 0 feet 4 Page 11 of 18 1 8 1 9 District II 35 feet, 3 story maximum 0 feet Side Street 15% lot width; 6 foot maximum Rear Street 6 feet minimum District VI 18 feet minimum Required Off Street Parking Space – Residential Use Districts In the Required Off Street Parking Spaces Section, 11.4.20.015, the Table showing Required Parking provides that single-unit dwelling parking requirements are based on the number of bedrooms in each dwelling. Under State Assembly Bill 1308 (AB 1308) passed in 2023, the State enacted Government Code Section 65863.3, which prohibits local agencies from increasing the minimum parking requirement of a single-family residence as a condition of approving a project to remodel, renovate, or add to the residence except under limited circumstances. Generally speaking, due to this legislation, Seal Beach cannot require an additional parking space if a bedroom is added. Exceptions to this rule apply if projects would exceed maximum size limits imposed by zoning regulations, such as those related to height, lot coverage, and floor-to-area ratio. In order to bring the City’s residential parking standards in the Zoning Code into consistency with Government Code Section 65863.3 as adopted by AB 1308, an additional section of the Zoning Code has been prepared which would be incorporated into existing Table 11.4.20.015.A.1. The following table and text section provides proposed changes to the discussed sections above. Text proposed to be added to the ordinance is in bold and underlined. Table 11.4.20.015.A.1 REQUIRED PARKING Use Classification Required Off-Street Parking Spaces Additional Regulations Residential Use Types Single-Unit Dwelling 2 spaces per studio unit. 2 spaces per dwelling unit for each unit of 1 to 5 bedrooms. 3 spaces per dwelling for each unit of 6 bedrooms or more plus 1 additional space for each bedroom See also Section 11.2.05.015.N: Limitations on Parking and Garage Frontage. All required spaces must be located in a garage. See also Section 11.2.05.015.N.4: Required 4 Page 12 of 18 1 8 1 9 Use Classification Required Off-Street Parking Spaces Additional Regulations above 6 total bedrooms in the dwelling unit. Garage Exception—RLD-9 District. See also Section 11.2.05.015.N.5: Required Garage Exception—Surfside. See also Section 11.2.05.015.N.6: Required Garage Exception—RHD-20 District. See also Section 11.4.40.010.B: Maintenance, Nonstructural Repairs and Interior Alterations. Note: Additions to existing single-unit dwellings may have a reduced parking requirement approved by minor use permit subject to Chapter 11.5.20: Development Permits. For reduced parking in homes with a remodel, addition or renovation See Section 11.4.20.020. E. Accessory Dwelling Unit See Section 11.4.05.115.E.3. See Section 11.4.05.115.E.3. Two-Unit Dwelling; Multiple-Unit Residential 2 spaces per dwelling unit for each unit. 1 guest space for every 7 units. 1 space per dwelling unit, inclusive of guest parking, for each studio or one-bedroom unit in a development meeting the minimum requirements of Chapter 11.4.55: Affordable Housing Bonus. See also Section 11.2.05.015.N: Limitations on Parking and Garage Frontage. All spaces except guest spaces must be located in a garage or carport. Small Family Day Care No additional spaces required (besides the required spaces for the residential dwelling). Large Family Day Care 1 space per employee, with a minimum of 3 provided. Section 11.4.05.045.B: Large Family Day Care Homes Group Housing 0.5 space per unit.See also Section 11.2.05.015.N: Limitations on Parking and Garage Frontage Senior Citizen Housing 0.5 space per unit.See also Section 11.2.05.015.N: Limitations on Parking and Garage Frontage Transitional Housing 0.5 space per unit.See also Section 11.2.05.015.N: Limitations on Parking and Garage Frontage 4 Page 13 of 18 1 8 1 9 In addition to the changes in the table, a new Subsection E would be added to Section 11.4.20.020 of the Zoning Code to read as follows: “Section 11.4.20.020.E E. Single-Family Residences Parking Reduction: Parking requirements for single-family residences undergoing remodeling, renovation, or addition projects in compliance with Assembly Bill 1308 (AB 1308, Stat. of 2023, C. 756). 1. For single family projects undergoing remodeling, renovations, or additions, no additional parking shall be required as a condition of approval, unless the following applies: a. Exception: Parking can be required on single family projects where the residence exceeds any maximum size limit prescribed by applicable zoning regulations, including height, lot coverage, and floor-to-area ratio. 2. Single family homes with an ADU will be required to meet the parking requirements within the ADU section of this Code.” Parking Reduction – Shared Parking Without a Conditional Use Permit In the SBMC Section 11.4.20.020 (Parking Reductions), standards for Shared Parking Agreements are provided for sites through a conditional use permit. In 2023, pursuant to Assembly Bill 894 (AB 894), the State enacted Government Code Section 65863.1, which requires local agencies to approve Shared Parking Agreements for new and existing development through an administrative process at the staff level if the agreement meets the State mandated requirements for Shared Parking Agreement documents and development criteria. As a result, staff recommends that the City adopt a Zoning Code amendment to bring the Zoning Code into consistency with Government Code Section 65863.1 with respect to shared parking agreements. The new subsection to the Section 11.4.20.020 (Parking Reductions), will provide for shared parking without a conditional use permit processing, establish applicability and a definition for underutilized parking, and provide additional requirements for the parking agreements on multi-family developments. Proposals that do not meet the requirements for administrative review will still be subject to the existing conditional use permit process as outlined in Section 11.4.20.020.A (Parking Reductions – Shared Parking). The following table provides a line-by-line review with the text proposed to be added in bold and underlined, and text proposed for removal with a strikethrough. 4 Page 14 of 18 1 8 1 9 Section 11.4.20.020.A “A. Shared Parking. 1. Shared Parking With a Conditional Use Permit. Except as otherwise provided in Subsection 2 regarding shared parking for sites with underutilized parking spaces, a conditional use permit shall be required for shared parking facilities in accordance with the following provisions. 1.a.Permit Requirement. A conditional use permit may be approved for shared parking facilities serving more than one use on a site or serving more than one property. The use permit may allow for a reduction of the total number of spaces required by this chapter if the following findings are made, in addition to the required findings pursuant to Chapter 11.5.20: Development Permits, Section 11.5.20.020: Required Findings: a.i.The peak hours of parking demand from all uses do not coincide so that peak demand will not be greater than the parking provided; and b.ii.The adequacy of the quantity and efficiency of parking provided will equal or exceed the level that can be expected if parking for each use were provided separately. 2.b.Shared Parking Agreement. A written agreement between the landowner(s) and the city shall be filed, in a form satisfactory to the city attorney, and including: a.i.A guarantee that there will be no substantial alteration in the uses that will create a greater demand for parking without application for an approval of a use permit; b.ii.A guarantee among the landowner(s) for access to and use of the shared parking facilities; and c.iii.Evidence that the agreement has been recorded in the county recorder's office. 2. Shared Parking Without a Conditional Use Permit. a. Applicability. This subsection applies to any entity on sites possessing underutilized parking spaces, if the underutilized parking is not used by the receiving parcel to meet the City’s automobile parking requirements and those entities identify the benefits of the proposed shared parking agreement. b.Definitions. For purposes of this subsection, the following terms shall have the following meanings. i.“Automobile parking requirements” means any parking that the City requires an entity to provide, including, but not limited to, parking imposed via ordinance, pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), or a development agreement. 4 Page 15 of 18 1 8 1 9 ii.“Entity” means any property owner, lessor or business located on any site or other development. iii.“Underutilized parking” spaces means any site where twenty (20) percent or more of the parking spaces remain unoccupied during the proposed shared parking period with the public, local agencies or other entities. c.Shared Parking Agreement Requirements. Entities with underutilized parking spaces may enter into a shared parking agreement with members of the public, local agencies, or other entities in accordance with the following requirements. i. Shared Parking Agreement. An application for a written shared parking agreement between the entities and the City shall be filed and may be administratively approved by the City if the agreement complies with all of the following requirements in a form satisfactory to the city attorney: a) The shared parking agreement includes a parking analysis using peer- reviewed methodologies developed by a professional planning association sufficient to determine how many parking spaces can be reasonably shared between uses to fulfill parking requirements. (i) If a proposed shared parking agreement is submitted without a parking analysis as set forth in subparagraph (a), then the City may determine whether to approve or deny the shared parking agreement and determine the number of parking spaces that can be reasonably shared between uses to fulfill parking requirements. A shared parking agreement submitted without a parking analysis shall not be approved unless the City makes all of the findings set forth in Section 11.4.20.020.A.1.a of this Chapter. b) The proposed shared parking agreement includes provisions that secure the long-term provision of parking spaces or allow for periodic review and approval by the City. c) Applicants shall record the shared parking agreement against all parcels that are part of the agreement in a form satisfactory to the city attorney, and shall provide proof of recordation as a condition of implementation of the shared parking between the sites. ii. Shared Parking Agreements for developments with 10 residential units or more or 18,000 square feet or more. 4 Page 16 of 18 1 8 1 9 a) In addition to the requirements set forth in Section 11.4.20.020.A.2.c.i, the City shall notify property owners within 300 feet of the shared parking spaces of the proposed agreement, that any such property owner has 14 days to request a public meeting at the Planning Commission before the City makes a decision to approve or deny the shared parking agreement. b) If the City receives a request from a property owner to hold a public meeting within 14 days of the notification issued pursuant to subsection (a), the City shall hold a public meeting before the Planning Commission on the shared parking agreement to approve or deny the shared parking agreement and determine the number of parking spaces that can be reasonably shared between uses to fulfill parking requirements. c) If no request for a public meeting is received within the 14-day period, the City may issue a decision whether to approve or deny the shared parking agreement based upon the requirements set forth in Section 11.4.20.020.A.2.c.i. iii. Compliance with Parking Requirements. a) Parking spaces identified in a shared parking agreement will count toward meeting any automobile parking requirement for a new or existing development or use, including, but not limited to, shared parking in underutilized spaces and in parking lots and garages that will be constructed as part of the development or developments under any of the following conditions: (i) The entities that will share the parking are located on the same, or contiguous, parcels. (ii) The sites of the entities that will share parking are separated by no more than 2,000 feet of travel by the shortest walking route. (iii)The sites of the entities that will share the parking are separated by more than 2,000 feet of travel by the shortest walking route, but there is a plan for shuttles or other accommodations to move between the parking and site, including a demonstrated commitment to sustain such transportation accommodations. iv. Additional Requirements. 4 Page 17 of 18 1 8 1 9 a) The City shall not require the curing of any preexisting deficit of the number of parking spaces as a condition for approval of a shared parking agreement. b) The City shall not deny a shared parking agreement between entities solely on the basis that it will temporarily reduce or eliminate the number of parking spaces available at the entity sharing the underutilized parking. d) The City shall allow a development project in which a designated historical resource is being converted or adapted to meet the minimum parking requirements through the use of offsite shared parking. e) The City shall not reduce requirements to provide parking spaces accessible to persons with disabilities and shall not reduce the percentage of parking spaces that are designated for electric vehicles. f) A public agency, private landowner, or lessor must examine the feasibility of shared parking arrangements to replace new parking construction or limit the number of new parking spaces that will be constructed in either of the following circumstances: (i) When state funds are being used on a proposed new development; or (ii) Before a parking structure or surface parking lot is developed using public funds.” A full copy of the Ordinance will also be included as part of this hearing package for review. CONCLUSION: Staff recommends that the Planning Commission hold a public hearing and after considering all evidence and testimony presented, adopt the attached resolution recommending approval of Zone Text Amendment 24-01 to the City Council. Prepared by: Shaun Temple Alexa Smittle Shaun Temple, AICP, Planning Manager Alexa Smittle, Community Development Director 4 Page 18 of 18 1 8 1 9 Attachments: 1. Resolution No. 24-05 with Draft Ordinance 2. Ordinance 1646 (July 13, 2015) 3. Ordinance 1647 (July 27, 2015) 4. Staff Report (October 11, 2010) 5. Resolution 6005 (October 11, 2010) 6. Ordinance 1598 (October 25, 2010) 7. Pre-2010 Zoning Code Development Standards for District II General Commercial Setbacks (Yard Dimensions) 9 1 9 7 RESOLUTION NO. 24-05 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.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 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 9 1 9 7 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: 9 1 9 7 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. 9 1 9 7 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 ___________________________________________________ NOES: Commissioners ___________________________________________________ ABSENT: Commissioners _________________________________________________ ABSTAIN: Commissioners ________________________________________________ _________________________________ Richard Coles ATTEST: Chairperson _________________________________ Alexa Smittle Planning Commission Secretary 9 1 9 7 ATTACHMENT A DRAFT ORDINANCE ZONE TEXT AMENDMENT 24-01 1 9 1 9 8 ORDINANCE XXXX AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING PORTIONS OF TITLE 11 OF THE SEAL BEACH MUNICIPAL CODE PERTAINING TO RESIDENTIAL DEVELOPMENT STANDARDS, COMMERCIAL LAND USE REGULATION, COMMERCIAL DEVELOPMENT STANDARDS, OFF-STREET PARKING REQUIREMENTS, AND SHARED PARKING AGREEMENTS, 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.Recitals. A. Seal Beach Municipal Code (SBMC) Section 11.2.05.015 (Development Standards for Residential Districts) sets forth development standards in residential districts, including height restrictions. Amendment to this section is necessary because the height restriction in the RHD-20 zone has not been updated pursuant to Ordinance 1646, which was adopted by City Council on July 13, 2015. B. SBMC Section, 11.2.10.010 (Commercial Land Use Regulation) sets forth commercial land use regulations in commercial and mixed-use districts. Amendment to this section is necessary because several uses subject to a Minor Use Permit have been misidentified by the letter designation “A” rather than “M” (Minor Use Permit) within Table 11.2.10.010. C. SBMC Section 11.2.10.015 (Development Standards – Commercial and Mixed-Use Districts) sets forth the development standards for commercial and mixed- use districts. Amendment to this section is necessary because the Street Frontage Building Setback standard in Table 11.2.10.015.C.1 has been erroneously listed with the Height standard for the Service Commercial District II and General Commercial District II zones. D. SBMC Section 11.4.20.015 (Required Off Street Parking Spaces) sets forth parking standards in residential districts. Amendment to this section is necessary due to the recent enactment of Government Code Section 65863.3 (Assembly Bill (“AB”) 1308, Stat. of 2023, C. 749), which now prohibits local agencies including charter cities from increasing the minimum parking requirement of a single-family residence as a condition of approving a project to remodel, renovate, or add to the residence. Exceptions apply, if projects exceed maximum size limits imposed by zoning regulations. 2 9 1 9 8 E. Seal Beach Municipal Code Section 11.4.20.020 (Parking Reductions) sets forth standards in Shared Parking Agreements. Amendment to this section is necessary as a result of the enactment of Government Code Section 65863.3 (AB 894, Stat. of 2023, C. 749), which now requires local agencies including charter cities to administratively approve Shared Parking Agreements for new and existing development that meet the State mandated requirements for Shared Parking Agreement documents and development criteria. Section 2.Procedural Findings. The City Council of the City of Seal Beach does hereby find, determine, and declare that: A. On July 1, 2024, 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. 24-05, 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 hereby 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 zone text 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 4.Consistency 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: A. The proposed Code Amendment is consistent with the following General Plan Land Use Element Goal and Policy: 3 9 1 9 8 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.Table 11.2.05.015 of Section 11.2.05.015 (Development Standards for Residential Districts Table) of Chapter 11.2.05 (Residential Districts) of Title 11 of the Seal Beach Municipal Code is hereby amended in its entirety to read as follows: “Table 11.2.05.015 DEVELOPMENT STANDARDS FOR RESIDENTIAL DISTRICTS RLD-9 RLD-15 RMD-18 RHD-20 RHD-33 RHD-46 Supplemental Regulations Density/Intensity of Use - Lot Dimensions Maximum Density 1 unit per 5,000 sq. ft. of lot area, plus an “Accessory Dwelling Unit” 1 unit per 3,000 sq. ft. of lot area, plus an “Accessory Dwelling Unit” 1 unit per 2,500 sq. ft. of lot area 1 unit per 2,178 sq. ft. of lot area 1 unit per 1,350 sq. ft. of lot area 1 unit per 960 sq. ft. of lot area See Section 11.4.05.115 for Accessory Dwelling Unit standards. See subsection A for Surfside Standards Maximum Density with State Affordable Housing Bonus (du/ac) See Chapter 11.4.55: Affordable Housing Bonus Minimum Lot Area (sq. ft.) Interior Lots 5,000 3,000 5,000 2,500 5,000 5,000 (W) See Section 11.4.05.115 for Accessory Dwelling Unit standards. Corner Lots 5,500 3,000 5,500 2,500 5,500 5,500 (W) See Section 11.4.05.115 for Accessory Dwelling Unit standards. Nonresidential Uses 10,000 10,000 10,000 10,000 10,000 10,000 Minimum Lot Size (ft.) Interior Lots 50 x 100 30 x 80 50 x 100 25 x 100 50 x 100 50 x 100 (W) Corner Lots 55 x 100 35 x 80 50 x 100 25 x 100 55 x 100 55 x 100 (W) Minimum Floor Area (sq. ft.) Primary Dwelling Unit 1,200 1,200 (E)950 950 950 950 Junior Accessory Dwelling Unit 150 150 150 150 150 150 1-Bedroom Accessory Dwelling Unit 400 400 400 400 400 400 2+-Bedroom Accessory Dwelling Unit 600 600 600 600 600 600 Maximum Floor Area for Accessory Dwelling Units (sq. ft.) 4 9 1 9 8 RLD-9 RLD-15 RMD-18 RHD-20 RHD-33 RHD-46 Supplemental Regulations Junior Accessory Dwelling Unit 500 500 500 500 500 500 Detached Accessory Dwelling Unit 1,200 (L-4) 1,200 (L-4) 1,200 (L-4) 1,200 (L-4) 1,200 (L-4) 1,200 (L-4) Attached Accessory Dwelling Unit 1,200 (L-4) 1,200 (L-4) 1,200 (L-4) 1,200 (L-4) 1,200 (L-4) 1,200 (L-4) L-3 Maximum Lot Coverage (%)(B)67 50 75 (B)60 80 (B) (W) Substandard Lot Standards Yes Yes Yes Yes Yes Yes (C) Building Form and Location Minimum Yards (ft.) Front - Minimum (D)(E) Average 12; minimum 6 Average 12; minimum 6 18 18 (D) (E) (W); L-2 Interior Side - Minimum (A) (D)(E) 10% of lot width; 3 ft. minimum; 10 ft. maximum 10% of lot width; 3 ft. minimum; 10 ft. maximum 10% of lot width; 3 ft. minimum; 10 ft. maximum 10% of lot width; 3 ft. minimum; 10 ft. maximum (A) (D) (E) (W) Corner Side - Minimum 15% of lot width; 10 ft. maximum (E) 15% of lot width; 10 ft. maximum 15% of lot width; 10 ft. maximum 15% of lot width; 10 ft. maximum 15% of lot width; 10 ft. maximum (E) (W) Rear 10 (E) 5 ft.; but when abutting an alley 24 ft. minus width of the alley 24 ft. minus width of the alley 24 ft. minus width of the alley (E) (W) Main Building Envelope Flood Zone Heights Yes Yes Yes Yes Yes Yes (F) Maximum Height (ft.)25 (A) (G) (not to exceed 2 stories) 25 (E)(G) 25 (not to exceed 2 stories) 35 35 (A) (G) (E) (W) Maximum Height of Downslope Skirt Walls (ft.)6 6 6 6 6 6 (H) Projections Yes Yes (E)Yes Yes Yes Yes (I) (E) (W) Minimum Distance Between Buildings on the Same Lot (ft.) 6 6 6 6 6 10-20 (J) Minimum Court Dimensions (ft.)————15 15” Section 6.Table 11.2.10.010 of Section 11.2.10.010 (Use Regulations – Commercial and Mixed-Use Districts Table) of Chapter 11.2.10.010 (Commercial and Mixed Use Districts) of Title 11 of the Seal Beach Municipal Code is hereby amended in its entirety to read as follows: 5 9 1 9 8 “Table 11.2.10.010 USE REGULATIONS—COMMERCIAL AND MIXED-USE DISTRICTS LC/RMD PO MSSP SC GC Additional Regulations Residential Use Types Single Unit Residential P —L-1 ——See Section 11.2.10.015 and Section 11.4.05.060 Second Unit ————— Two-Unit Residential (Duplex)P — L-1 —— Multiple Unit Residential P —L-1 —— Family Day Care Small Family P ———— Large Family C C —C C See Section 11.4.05.045 Group Housing —C ——— Senior Citizen Housing ————— Commercial Marijuana Uses ————— See Section 11.4.100.010.A and C; and Section 5.70.025 Marijuana—Outdoor Cultivation —————See Section 11.4.100.010.B; and Section 5.70.025 Marijuana—Indoor Cultivation at Private Residence (legally nonconforming private residence) L-7 L-7 L-7 L-7 L-7 See Section 11.4.100.010.C.1 and C; and Section 5.70.025 Public, Semi-Public, and Service Use Types Clubs and Lodges ———C C See Section 11.4.05.080 Community Center C C —C C Community Social Service Facilities —C —C C Cultural Institutions —C —C C See Section 11.4.05.080 Day Care Center C C —C C See Section 11.4.05.045 Government Offices AM AM AM AM AM Hospitals and Clinics Hospitals —C —C C Clinics —C —C C Park and Recreation Facilities P P P P P Parking Facilities, Public C C C C C See Chapter 11.4.20 Public Safety Facilities AM AM AM AM AM Religious Facilities —C —C C Residential Care Facilities See Section 11.4.05.105 Residential Care, General —C —C C 6 9 1 9 8 LC/RMD PO MSSP SC GC Additional Regulations Residential Care, Limited P C —C C Residential Care, Senior —C —C C Schools, Private C C —C C See Section 11.4.05.080 Commercial Marijuana Uses ————— See Section 11.4.100.010.A and C; and Section 5.70.025 Marijuana—Outdoor Cultivation —————See Section 11.4.100.010.B; and Section 5.70.025 Marijuana—Indoor Cultivation at Private Residence (legally nonconforming private residence) L-7 L-7 L-7 L-7 L-7 See Section 11.4.100.010.C.1 and C; and Section 5.70.025 Commercial Use Types Adult Business Establishments ————P See Chapter 11.4.50 Animal Sales and Services ——AM AM AM Artists’ Studios P P P P P Automobile/Vehicle Sales and Services Automobile Rentals ———AM AM Automobile/Vehicle Sales and Leasing ————P Automobile/Vehicle Service and Repair, Major ———C C See Section 11.4.05.040 Automobile Service Stations/Vehicle Service and Repair, Minor ———C C See Section 11.4.05.035 Automobile Washing ———AM AM Large Vehicle Sales, Services and Rental ————AM Bakery L-4 —L-4 L-4 L-4 Banks and Other Financial Institutions —P P P P With Drive-Through Facilities —C C C C See Section 11.4.05.050 Automated Teller Machines (ATMs)—AM AM AM AM See Section 11.4.05.030 Building Materials and Services ————C Business Services P P L-2, L-3 P P Commercial Recreation Large-scale ———C C Small-scale ———AM AM Eating and Drinking Establishments 7 9 1 9 8 LC/RMD PO MSSP SC GC Additional Regulations Bars ——C C C Coffee House/ Dessert Shop ——P; L-5; L-6 P P Restaurants, Fast Food ———C C See Section 11.4.05.050 Restaurants, Full Service ——P, C P, C P, C See Section 11.4.05.015 Restaurants, Limited Service ——P P P See Section 11.4.05.015 Restaurants, Take Out Only ——P AM AM With Drive-Through Facilities ———C C See Section 11.4.05.050 With Outdoor Eating Areas ——AM, C AM, C AM, C See Section 11.4.05.090 Extended Hour Business C ——C C See Section 11.4.05.055 Food and Beverage Sales Catering Services ————P Convenience Market ———P, C P, C See Section 11.4.05.015 General Market ——P, C P, C P, C See Section 11.4.05.015 Liquor Stores ——C C C See Section 11.4.05.070 Funeral Parlors and Mortuaries ————P Home Improvement Sales and Services ————C See Sections 11.4.05.090 and 11.4.05.140 Hotels and Motels ————C Kennel ———C C Kiosks ———AM AM See Section 11.4.05.065 Laboratories —P L-2, L-3 P P Maintenance and Repair Services P ——P P Massage Establishment P P L-2, L-3 P P See Chapter 5.45, Massage and Massage Establishments Commercial Marijuana Uses ————— See Section 11.4.100.010.A and C; and Section 5.70.025 Marijuana—Outdoor Cultivation —————See Section 11.4.100.010.B; and Section 5.70.025 Marijuana—Indoor Cultivation at Private Residence (legally nonconforming private residence) L-7 L-7 L-7 L-7 L-7 See Section 11.4.100.010.C.1 and C; and Section 5.70.025 Offices, Business and Professional P P L-2, L-3 P P Walk-in Clientele P P L-2, L-3 P P Offices, Medical and Dental P P L-2, L-3 P P Parking Facilities, Commercial ——C —C See Chapter 11.4.20 Personal Services P P P P P 8 9 1 9 8 LC/RMD PO MSSP SC GC Additional Regulations Retail Sales P —P P P See Section 11.4.05.090 Large Format ———P P See Section 11.4.05.140 Smoke Shop ———C C See Chapter 5.75 Tattoo Establishments ————C See Chapter 11.4.65 Theaters ——C —C Light Manufacturing Use Types Contractors’ Yards ————— Handicraft/Custom Manufacturing P P P P P Industry, Limited ————— Industry, General ————— Warehousing and Storage Commercial Marijuana Uses ————— See Section 11.4.100.010.A and C; and Section 5.70.025 Marijuana—Outdoor Cultivation —————See Section 11.4.100.010.B; and Section 5.70.025 Marijuana—Indoor Cultivation at Private Residence (legally nonconforming private residence) L-7 L-7 L-7 L-7 L-7 See Section 11.4.100.010.C.1 and C; and Section 5.70.025 Indoor Commercial Storage ————— Outdoor Storage ————— Personal Storage ————— Transportation, Communication, and Utility Use Types Wireless Communication Facilities See Chapter 11.4.70 Antennae and Transmission Towers C C C C C Satellite dishes less than 79″ in diameter P P P P P Recycling Facilities See Section 11.4.10.025 Recycling Collection Point ———C C Recycling Processing Facility ————C Reverse Vending Machines P P P P P Utilities, Major Hazardous Waste Facility ————C See Chapter 11.4.60 Utilities, Minor P P P P P Agriculture Use Types Nurseries ——P P P 9 9 1 9 8 LC/RMD PO MSSP SC GC Additional Regulations Commercial Marijuana Uses ————— See Section 11.4.100.010.A and C; and Section 5.70.025 Marijuana—Outdoor Cultivation —————See Section 11.4.100.010.B; and Section 5.70.025 Marijuana—Indoor Cultivation at Private Residence (legally nonconforming private residence) L-7 L-7 L-7 L-7 L-7 See Section 11.4.100.010.C.1 and C; and Section 5.70.025 Other Applicable Use Regulations Accessory Use See Section 11.4.05.010: Accessory Business Uses and Activities Nonconforming Use See Chapter 11.4.40: Nonconforming Uses, Structures, and Lots Temporary Use See Chapter 11.5.25: Director Determinations” Section 7.Table 11.2.10.015.C.1 of Section 11.2.10.015 (Building Setbacks from Street Frontages – Commercial and Mixed-Use Districts Table) of Chapter 11.2.10 (Commercial and Mixed-Use Districts) of Title 11 of the Seal Beach Municipal Code is hereby amended in its entirety to read as follows: “Table 11.2.10.015.C.1 BUILDING SETBACKS FROM STREET FRONTAGES— COMMERCIAL AND MIXED-USE DISTRICTS Commercial District Street Frontage Building Setback LC-RMD District Commercial Use 6 foot average; 3 foot minimum Side Street 10% lot width; 5 foot maximum Residential Use 12 foot average; 6 foot minimum Side Street 10% lot width; 8 foot maximum PO District District I 10 feet minimum Side Street 15% lot width; 3 foot minimum; 10 foot maximum District II 18 feet minimum Side Street 15% lot width; 5 foot minimum; 15 foot maximum MSSP District 0 feet SC District District I 0 feet District II 35 feet, 3 story maximum 0 feet 10 9 1 9 8 Side Street 15% lot width; 6 foot maximum Rear Street 6 feet minimum GC District District I 0 feet District II 35 feet, 3 story maximum 0 feet Side Street 15% lot width; 6 foot maximum Rear Street 6 feet minimum District VI 18 feet minimum” Section 8.Table 11.4.20.015.A.1 (Required Parking Table) of Chapter 11.4.20 (Off- Street Parking and Loading) of Title 11 of the Seal Beach Municipal Code is hereby amended in its entirety to read as follows: “Table 11.4.20.015.A.1 REQUIRED PARKING Use Classification Required Off-Street Parking Spaces Additional Regulations Residential Use Types Single-Unit Dwelling 2 spaces per studio unit. 2 spaces per dwelling unit for each unit of 1 to 5 bedrooms. 3 spaces per dwelling for each unit of 6 bedrooms or more plus 1 additional space for each bedroom above 6 total bedrooms in the dwelling unit. See also Section 11.2.05.015.N: Limitations on Parking and Garage Frontage. All required spaces must be located in a garage. See also Section 11.2.05.015.N.4: Required Garage Exception— RLD-9 District. See also Section 11.2.05.015.N.5: Required Garage Exception— Surfside. See also Section 11.2.05.015.N.6: Required Garage Exception— RHD-20 District. See also Section 11.4.40.010.B: Maintenance, Nonstructural Repairs and Interior Alterations. Note: Additions to existing single-unit dwellings may have a reduced parking requirement approved by minor use permit subject to Chapter 11.5.20: 11 9 1 9 8 Use Classification Required Off-Street Parking Spaces Additional Regulations Development Permits. For reduced parking in homes with a remodel, addition or renovation, see Section 11.4.20.020. E. Accessory Dwelling Unit See Section 11.4.05.115.E.3. See Section 11.4.05.115.E.3. Two-Unit Dwelling; Multiple- Unit Residential 2 spaces per dwelling unit for each unit. 1 guest space for every 7 units. 1 space per dwelling unit, inclusive of guest parking, for each studio or one-bedroom unit in a development meeting the minimum requirements of Chapter 11.4.55: Affordable Housing Bonus. See also Section 11.2.05.015.N: Limitations on Parking and Garage Frontage. All spaces except guest spaces must be located in a garage or carport. Small Family Day Care No additional spaces required (besides the required spaces for the residential dwelling). Large Family Day Care 1 space per employee, with a minimum of 3 provided. Section 11.4.05.045.B: Large Family Day Care Homes Group Housing 0.5 space per unit.See also Section 11.2.05.015.N: Limitations on Parking and Garage Frontage Senior Citizen Housing 0.5 space per unit.See also Section 11.2.05.015.N: Limitations on Parking and Garage Frontage Transitional Housing 0.5 space per unit.See also Section 11.2.05.015.N: Limitations on Parking and Garage Frontage” Public, Semi-Public, and Service Use Types Cemetery To be determined by Director, who may require a parking demand analysis. Clubs and Lodges 1 space per 5 fixed seats or per 75 square feet of main assembly area, whichever is greater. 12 9 1 9 8 Use Classification Required Off-Street Parking Spaces Additional Regulations Each 24″ of bench type seating is considered 1 seat. Community Center 1 space per 5 fixed seats or per 75 square feet of main assembly area, whichever is greater. Each 24″ of bench type seating is considered 1 seat. Social Service Organization To be determined by director, who may require parking demand analysis. Cultural Institutions 1 space per 5 fixed seats or per 75 square feet of main assembly area, whichever is greater. Each 24″ of bench type seating is considered 1 seat. Day Care Center 1 space per employee, with a minimum of 3 spaces provided. Section 11.4.05.045.C: Child Day Care Center Golf Course Minimum of 5 spaces per hole. Hospitals and Clinics Hospitals 1 space per bed. Clinics 1 space per 250 square feet. Park and Recreation Facilities To be determined by director, who may require parking demand analysis. Parking Facilities, Public 1 space per attendant station. Public Maintenance and Service Facilities To be determined by director, who may require parking demand analysis. Public Safety Facilities To be determined by director, who may require parking demand analysis. Religious Facilities 1 space per 5 fixed seats or per 75 square feet of main assembly area, whichever is greater. 13 9 1 9 8 Use Classification Required Off-Street Parking Spaces Additional Regulations Each 24″ of bench type seating is considered 1 seat. Hospitals and Clinics Residential Care, General 1 space per 2 employees, plus 1 space per facility vehicle. Residential Care, Limited None required above the requirement for the residential dwelling type. Residential Care, Senior 1 space per 5 beds. Schools, Private Junior high/elementary school: 1 space per classroom, plus 1 space per 300 square feet of office area. High school: 1 space per classroom, plus 1 space per 300 square feet of office area, plus 1 space per 10 students. Commercial Use Types Adult Business Establishments Retail establishments: 1 space per 300 square feet. Bars 1 space per 100 square feet. Animal Sales and Services 1 space per 300 square feet. Kennel 1 space per 1000 square feet of building area. Artists' Studios 1 space per studio. Automobile/Vehicle Sales and Services Automobile Rentals 1 per 300 square feet of office area in addition to storage/display spaces for all vehicles for rent. Automobile/Vehicle Sales and Leasing 1 per 300 square feet of office area in addition to storage/display spaces for all vehicles for sale or lease. Automobile/Vehicle Service and Repair, Major 1 space per service bay (not including areas for 14 9 1 9 8 Use Classification Required Off-Street Parking Spaces Additional Regulations auto service or auto storage), plus parking for any towing vehicles used in the operation. Automobile Service Station/Vehicle Service and Repair, Minor 1 space per 300 square feet of any convenience store plus 1 space per service bay if repair occurs on-site (in addition to spaces at pumps, queuing areas for pumps, and areas for self-service water and air areas). Automobile Washing 1 per 300 square feet of any indoor sales, office, or lounge areas. Large Vehicle Sales, Services and Rental 1 space per 300 square feet of office area in addition to storage/ display spaces for all vehicles for rent. Banks and Other Financial Institutions 1 space per 250 square feet. With Drive-Through Facilities 1 space per 250 square feet of floor area. No additional spaces required for drive-through facility. Automated Teller Machines (ATMs) 2 spaces per ATM. Bed and Breakfasts 1 space per guest room, in addition to 1 space required for resident owner. Section 11.3.05.015: General Provisions Building Materials and Services 1 space per 500 square feet of building area plus 1 space per 600 sq. ft. of outdoor sales/ display area. Section 11.4.20.015.F: Substitution of Compact for Standard Parking Stalls Business Services 1 space per 300 square feet. Commercial Recreation Large-Scale (greater than 20,000 sq. ft.) Gyms and fitness studios: 1 space per 300 square feet. Other specific uses: to be determined by 15 9 1 9 8 Use Classification Required Off-Street Parking Spaces Additional Regulations director, who may require a parking demand analysis. Small-Scale (20,000 sq. ft. or less) Gyms and fitness studios: 1 space per 300 square feet. Other specific uses: to be determined by director, who may require a parking demand analysis. Day Spa/Spa 1 space per 300 square feet. Eating and Drinking Establishments Bars 1 space per 100 square feet. Restaurants, Fast Food 1 space per 100 square feet. Restaurants, Full Service 1 space per 100 square feet. Restaurants, Limited Service 1 space per 100 square feet. Restaurants, Take Out Only 1 space per 300 square feet. With Drive-Through Facilities 1 space per 100 square feet. With Outdoor Eating Areas 1 space per 100 square feet, including outdoor dining areas. Food and Beverage Sales Catering Services 1 space per 1000 square feet, plus parking for any vehicles used in the business. Convenience Market 1 space per 300 square feet. General Market 1 space per 300 square feet. Liquor Stores 1 space per 300 square feet. Funeral Parlors and Mortuaries To be determined by the director, who may require a parking demand analysis. 16 9 1 9 8 Use Classification Required Off-Street Parking Spaces Additional Regulations Home Improvement Sales and Services 1 space per 400 sq. ft. of floor area or outdoor sales display. Subsection 11.4.20.015.F: Substitution of Compact for Standard Parking Stalls Hotels and Motels 1 space per unit; plus 2 spaces adjacent to registration office; 1 space per 20 person capacity of any conference or banquet rooms. Laboratories 1 space per 400 square feet. Live/Work Unit 1 space per unit for each unit smaller than 1000 square feet; 1.5 spaces per unit for each unit containing 1000 square feet or greater floor area or 2 or more bedrooms. Maintenance and Repair Services 1 space per 500 square feet. Massage Establishment 1 space per 300 square feet. Offices, Business and Professional 1 space per 400 square feet. Walk-in Clientele 1 space per 300 square feet. Offices, Medical and Dental 1 space per 200 square feet. Parking Facilities, Commercial 1 space per attendant station (in addition to parking spaces for customers). Personal Improvement Services 1 space per 300 square feet. Massage, Accessory 1 space per 300 square feet. Personal Services 1 space per 300 square feet. Massage, Accessory 1 space per 300 square feet. Beauty/Barber Shops 2 spaces for each operator station. 17 9 1 9 8 Use Classification Required Off-Street Parking Spaces Additional Regulations Retail Sales 1 space per 300 square feet. Shopping Centers greater than 75,000 square feet of GFA 5 spaces per 1,000 square feet of GFA. Subsection 11.4.20.015.F: Substitution of Compact for Standard Parking Stalls Tattoo Parlors 1 space per 300 square feet. Theaters 1 space per 4 seats. Light Manufacturing Use Types Contractors' Yards 1 space per 1000 square feet of building area (if building exists). Handicraft/Custom Manufacturing 1 space per 750 square feet. Industry, General 1 space per 1000 square feet of building area. Industry, Limited 1 space per 1000 square feet of building area. Warehousing and Storage 1 space per 1000 square feet of building area. Indoor Commercial Storage 1 space per 1000 square feet of building area. Outdoor Storage 1 space per 1000 square feet of building area. Personal Storage 1 space per 20 storage units. Transportation, Communication, and Utility Use Types Communication Facilities Antennae and Transmission Towers No spaces required unless maintenance occurs on a daily or more frequent basis, in which case 1 space per facility required. Facilities Within Buildings None Recycling Facilities Reverse Vending Machine When accessory to another use, no additional spaces required. Otherwise, subject to determination by director. Recycling Collection Point A minimum of 6 spaces for customers, plus 1 space for each commercial vehicle 18 9 1 9 8 Use Classification Required Off-Street Parking Spaces Additional Regulations operated by the recycling facility. Recycling Processing Facility 1 space per 1000 square feet. Utilities, Major To be determined by the director, who may require a parking demand analysis. Utilities, Minor No spaces required unless maintenance occurs on a daily or more frequent basis, in which case 1 space per facility required. Agricultural Use Types Crop and Animal Raising None for the crop or animal raising operation area. 1 space per 300 square feet of any accessory retail outlet. Nurseries 1 space per 350 square feet of indoor or outdoor sales/display area. Section 9.Subsection A (Shared Parking) of Section 11.4.20.020 (Parking Reductions) of Chapter 11.4.20 (Off-Street Parking and Loading) of Title 11 of the Seal Beach Municipal Code is hereby amended in its entirety to read as follows: “A. Shared Parking. 1.Shared Parking With a Conditional Use Permit. Except as otherwise provided in Subsection 2 regarding shared parking for sites with underutilized parking spaces, a conditional use permit shall be required for shared parking facilities in accordance with the following provisions. 1.a.Permit Requirement. A conditional use permit may be approved for shared parking facilities serving more than one use on a site or serving more than one property. The use permit may allow for a reduction of the total number of spaces required by this chapter if the following findings are made, in addition to the required findings pursuant to Chapter 11.5.20: Development Permits, Section 11.5.20.020: Required Findings: a.i.The peak hours of parking demand from all uses do not coincide so that peak demand will not be greater than the parking provided; and 19 9 1 9 8 b.ii.The adequacy of the quantity and efficiency of parking provided will equal or exceed the level that can be expected if parking for each use were provided separately. 2.b.Shared Parking Agreement. A written agreement between the landowner(s) and the city shall be filed, in a form satisfactory to the city attorney, and including: a.i.A guarantee that there will be no substantial alteration in the uses that will create a greater demand for parking without application for an approval of a use permit; b.ii.A guarantee among the landowner(s) for access to and use of the shared parking facilities; and c.iii.Evidence that the agreement has been recorded in the county recorder's office. 2.Shared Parking Without a Conditional Use Permit. a. Applicability. This subsection applies to any entity on sites possessing underutilized parking spaces, if the underutilized parking is not used by the receiving parcel to meet the City’s automobile parking requirements and those entities identify the benefits of the propsoed shared parking agreement. b.Definitions. For purposes of this subsection, the following terms shall have the following meanings. i.“Automobile parking requirements” means any parking that the City requires an entity to provide, including, but not limited to, parking imposed via ordinance, pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), or a development agreement. ii.“Entity” means any property owner, lessor or business located on any site or other development. iii.“Underutilized parking” spaces means any site where twenty (20) percent or more of the parking spaces remain unoccupied during the proposed shared parking period with the public, local agencies or other entities. c.Shared Parking Agreement Requirements. Entities with underutilized parking spaces may enter into a shared parking agreement with members of the public, local agencies, or other entities in accordance with the following requirements. i. Shared Parking Agreement. An application for a written shared parking agreement between the entities and the City shall be filed and may be administratively approved by the City if the agreement complies with all of the following requirements in a form satisfactory to the city attorney: 20 9 1 9 8 a) The shared parking agreement includes a parking analysis using peer- reviewed methodologies developed by a professional planning association sufficient to determine how many parking spaces can be reasonably shared between uses to fulfill parking requirements. (i) If a proposed shared parking agreement is submitted without a parking analysis as set forth in subparagraph (a), then the City may determine whether to approve or deny the shared parking agreement and determine the number of parking spaces that can be reasonably shared between uses to fulfill parking requirements. A shared parking agreement submitted without a parking analysis shall not be approved unless the City makes all of the findings set forth in Section 11.4.20.020.A.1.a of this Chapter. b) The proposed shared parking agreement includes provisions that secure the long-term provision of parking spaces or allow for periodic review and approval by the City. c) Applicants shall record the shared parking agreement against all parcels that are part of the agreement, and shall provide proof of recordation in a form satisfactory to the city attorney as a condition of implementation of the shared parking between the sites. ii. Shared Parking Agreements for developments with 10 residential units or more or 18,000 square feet or more. a) In addition to the requirements set forth in Section 11.4.20.020.A.2.c.i, the City shall notify property owners within 300 feet of the shared parking spaces of the proposed agreement, that any such property owner has 14 days to request a public meeting at the Planning Commission before the City makes a decision to approve or deny the shared parking agreement. b) If the City receives a request from a property owner to hold a public meeting within 14 days of the notification issued pursuant to subsection (a), the City shall hold a public meeting before the Planning Commission on the shared parking agreement to approve or deny the shared parking agreement and determine the number of parking spaces that can be reasonably shared between uses to fulfill parking requirements. c) If no request for a public meeting is received within the 14-day period, the City may issue a decision whether to approve or deny the shared parking agreement based upon the requirements set forth in Section 11.4.20.020.A.2.c.i. 21 9 1 9 8 iii. Compliance with Parking Requirements. a) Parking spaces identified in a shared parking agreement will count toward meeting any automobile parking requirement for a new or existing development or use, including, but not limited to, shared parking in underutilized spaces and in parking lots and garages that will be constructed as part of the development or developments under any of the following conditions: (i) The entities that will share the parking are located on the same, or contiguous, parcels. (ii) The sites of the entities that will share parking are separated by no more than 2,000 feet of travel by the shortest walking route. (iii)The sites of the entities that will share the parking are separated by more than 2,000 feet of travel by the shortest walking route, but there is a plan for shuttles or other accommodations to move between the parking and site, including a demonstrated commitment to sustain such transportation accommodations. iv. Additional Requirements. a) The City shall not require the curing of any preexisting deficit of the number of parking spaces as a condition for approval of a shared parking agreement. b) The City shall not deny a shared parking agreement between entities solely on the basis that it will temporarily reduce or eliminate the number of parking spaces available at the entity sharing the underutilized parking. d) The City shall allow a development project in which a designated historical resource is being converted or adapted to meet the minimum parking requirements through the use of offsite shared parking. e) The City shall not reduce requirements to provide parking spaces accessible to persons with disabilities and shall not reduce the percentage of parking spaces that are designated for electric vehicles. f) A public agency, private landowner, or lessor must examine the feasibility of shared parking arrangements to replace new parking construction or limit the number of new parking spaces that will be constructed in either of the following circumstances: 22 9 1 9 8 (i) When state funds are being used on a proposed new development; or (ii) Before a parking structure or surface parking lot is developed using public funds.” Section 10.Section 11.4.20.020 (Parking Reductions) of Chapter 11.4.20 (Off- Street Parking and Loading) of Title 11 of the Seal Beach Municipal Code is hereby amended by the addition of Subsection 11.4.20.020.E to read as follows: “E. Single-Family Residences Parking Reduction. The following parking requirements shall apply to single-family residences undergoing remodeling, renovation, or addition projects in compliance with Assembly Bill 1308 (AB 1308, Stat. of 2023, C. 756). 1.For single family projects undergoing remodeling, renovations, or additions, no additional parking shall be required as a condition of approval, unless the following applies: a.Exception: Parking may be required on single family projects where the residence exceeds any maximum size limit prescribed by applicable zoning regulations, including height, lot coverage, and floor-to-area ratio. 2.Single family homes with an ADU are required to meet the parking requirements under the ADU section of this code.” Section 11.Severability. If any section, subsection, subdivision, sentence, clause, phrase, word, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, word, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, words or portions thereof be declared invalid or unconstitutional. Section 12.Certification. The City Clerk shall certify the passage and adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law. Section 13.Effective Date. This Ordinance shall take effect thirty (30) days after passage. 23 9 1 9 8 INTRODUCED at a regular meeting of the City Council of the City of Seal Beach held on the day of , . PASSED, APPROVED, AND ADOPTED by the City Council of the City of Seal Beach this day of , . Schelly Sustarsic, Mayor ATTEST: Gloria Harper, City Clerk APPROVED AS TO FORM: __________________________________ Nicholas Ghirelli, City Attorney [SEAL] STATE OF CALIFORNIA } 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 XXXX was introduced for first reading at a regular meeting held on the ____ day of _____, 2024, and was passed, approved, and adopted by the City Council at a regular meeting held on the ____ day of _____, 2024, and do hereby further certify that the Ordinance has been published pursuant to the Seal Beach Charter and Resolution Number 2836. Gloria D. Harper, City Clerk ORDINANCE NO. 1646 AN ORDINANCE OF THE CITY OF SEAL BEACH ZONE TEXT AMENDMENT 15-2 AMENDING TITLE 11 REGARDING RESIDENTIAL DEVELOPMENT STANDARDS THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: Section 1. Table 11.2.05.015 of the Seal Beach Municipal Code is hereby amended as follows: TABLE 11.2.05.015. . DEVELOPMENT STANDARDS FOR RESIDENTIAL DISTRICTS RLD79 RLD-15' RMD48, - 'RHD-20 j RHD43• - RHD=46 Supplemental Regulations Densityllntensityof User Lot Dimensions One unit per One unit See Section 5,000 sq.ft. per 3,000 One unit One unit One unit One unit 11.4.05.115 for sq.ft.of Second Dwellingoflotarea, per 2,500 per 2,178 per 1,350 per 960 sq.Maximum Density plus a lot area, sq.ft.of lot sq.ft.of lot sq.ft.of ft.of lot Unit standards. Second plus a area area lot area area See Subsection A Unit" Second for Surfside Unit' Standards Maximum Density with State See Chapter Affordable AffordableA Housing Bonus Affordable du/ac Housing Bonus Minimum Lot Area sq.ft.) Interior Lots 5,000 3,000 5,000 2,500 5,000 5,000 Comer Lots 5,500 3,000 5,500 2,500 5,500 5,500 Nonresidential 10,000 10,000 10,000 10,000 10,000 10,000Uses Minimum Lot Size ft-) Interior Lots 50 x 100 30 x 80 50 x 100 25 x 100 50 x 100 50 x 100 Corner Lots 55 x 100 35 x 80 50 x 100 25 x 100 55 x 100 55 x 100 Minimum Floor Area sq.ft.) Primary Dwelling 1,200 1,200(E)950 950 950 950 L-1 Unit Efficiency Second 150 150 150 150 150 150 L-1Unit 1-Bedroom 400 400 400 400 400 400 L-1SecondUnit Ordinance Number 1646 TABLE 11.2.05.015(Continued) DEVELOPMENT STANDARDS FOR RESIDENTIAL DISTRICTS. Supplemental RLD-9 •RLD-15 RMD-1$ RHD-20 RHD-33. RHD-46 Regulations Density/Intensitjr of Use—Lot Dimensions(Continued? Maximum Floor Area for Second Units 2+-Bedroom 600 600 600 Second Unit Maximum Floor Area for Second Units Detached Second Unit 800 sq.ft 800 sq.ft 800 sq.ft 30%of Attached Second 30%of primary 30%of Unit primary unit unit primary unit Maximum Lot g) 67 50 75(B) 60 80 13) Coverage(%) Substandard Lot Yes Yes Yes Yes Yes Yes C) Standards rm and Location Minimum Yards(ft.) Average Average Front—Minimum D) E) 12; 12; 18 18 D)(E);L-3 Minimum 6 Minimum 6 10%of lot 10%of lot 10%of 10%of lotlotwidth; width;3 ft. width;3 ft. ft. minimum; 3 ft. D}(E)Interior Side— D} E} 3 • Minimum minimum; minimum; minimum; minimum; 10 ft. 10 ft. 10 ft. loft. maximum maximum maximum maximum 15%of lot 15%of lot 15%of lot 15%Of 15%of lotlotwidth;Corner aide— width;10 ft. (E) width;10 ft. width; 10 ft. 10 ft width;10 ft. E) Minimum maximum maximum maximum maximum maximum 5 ft.;but When 24 ft. 24 ft, abutting an MinusRear10E) alley 24 ft. Minus width width of E) minus width the alley. the alley. of the alley. Main Building Envelope Flood Zone Heights Yes Yes Yes Yes Yes Yes F) 25 Maximum Height(ft.)not to exceed 35 G}(E)25(G)25(E) G)two stories) 35 Maximum Height of Downslope Skirt Walls 6 6 6 6 6 6 H) ft.) Projections Yes Yes(E)Yes Yes Yes Yes 1)(E) 2 Ordinance Number 1646 TABLE 11:2.05.01,5(Continued) DEVELOPIUENT STANDARDS FOR RESIDENTIAL DISTRICTS supplemental-. RLD 9 RLD-75 RMD-1;8 RHD-20 _ RHD-33. RHD=46 , {Regulations Main Building Envelope ' Minimum Distance Between Buildings on 6 6 6 6 6 10-20 J) the Same Lot(ft.) Minimum Court 15 15 Dimensions(ft.) Building Design Exterior Stairways Yes Yes Yes Yes No No L-2 Prohibited Porches Yes Yes K) Vehicle'Accomrnodation Off-Street Parking See Chapter 11.4.20: Off-Street Parking and Loading and Loading Maximum Number of Curb Cuts for 1 (L) 1 1 1 1 1 L) Driveway Maximum Width of 18 M) Driveway(ft.) Limitations on Parking and Garage Yes Yes Yes Yes Yes Yes N) Frontage Landscaping`and:Open Space, Minimum Permeable 60/50 60/50 60/50 60/50 60/50 60/50 0)Surface/Maximum Paving in Street— Facing Yards(%) Minimum Site Area E), Devoted to 25 15(E) 15 Yes 15 15 See also Section L 11.4.30.015 Landscaping Planting Required on Yes Yes Yes Yes Yes Yes Q) Downslope Lots Pedestrian Yes Yes Yes Yes R) Walkways Other Development Standards `; Accessory Yes Yes Yes Yes Yes Yes See Section Structures 11.4.05.100 2-Story Cabanas/ Manufactured Yes S) Homes Roof Decks Yes Yes Yes Yes Yes T) Solar Access Yes Yes Yes Yes Yes Yes See Section 11.4.10.045 3 Ordinance Number 1646 TABLE 1 1.2.65.0:15(Continued) DEVELOPMENT STANDARDS FOR RESIDENTIAL DISTRICTS Supp(emerital RLD-9 RLD-15. RMD-18' RHD-20` RHf.I-33 RHD=46 Regulations_' other,Development Standards(continued) Walls and Fences Yes Yes Yes Yes Yes Yes See Chapter 11.4.15 General Site Standards See Chapter 11.4.10:General Site Standards Landscaping and Buffer Yards See Chapter 11.4.30:Landscaping and Buffer Yards Signs See Chapter 11.4.25:Sign Regulations Nonconforming Structures See Chapter 11.4.40:Noncohfonning Uses,Structures,and Lots Coastal Development Permit See Chapter 11.4.35:Coastal Development Pennit Reasonable Accommodations See Chapter 11.5.30:Reasonable Accommodations L-1: Second Units are not allowed in the RHD-20 District located in told Town. L-2: Exterior stairways providing access from the ground level and/or the first floor to the second floor or above are prohibited when such stairways are not specifically required by the California Building Code. Exterior stairways may be permitted through the building permit process in the RLD-9 district on properties with a second story kitchen existing as of March 9, 1998. In such a case,a covenant shall be recorded on the title of the property stipulating the property is to be used only as a Single-Unit dwelling. Exception: Exterior stairways may be permitted on Single-Unit dwellings located within identified flood zones upon approval of an Administrative Use Permit pursuant to Chapter 11.5.20:Development Permits. L-3: Refer to Appendix A—City Council Approved Blanket Setback Variances Section 2. The following definitions are hereby amended in Section 11.6.05.010 of the Municipal Code: Basement: an underground room or excavated space having 5 feet or more of interior height, finished or unfinished where the finished floor level directly above the space is not more than 1 foot above the top of curb as measured from the public right of way. A basement does not constitute a story. Figure 11.6.05.010.B.1 : Basement r r° iitst floor C,rwtt Maximum hei ht t ft. 5 ft.or:more of interior height Boscnren; Story:. space in a building between the upper surface of any floor and either the upper surface of the next floor above, or in the case of the topmost floor, the ceiling or roof above. An underground room or excavated useable space not qualifying as a basement shall be considered a story. Section 3. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of-this ordinance or any part thereof is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portions of this ordinance or any part hereof. The City Council of the City of Seal Beach hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared invalid. 4 Ordinance Number 1646 Section 4. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Seal Beach at a meeting thereof held on the 13th day of Jam, 2015. Mayor ATTEST: S,pl BEgCyp oQobRAT n City Clerk 9gyCl BEA 2'1 ycou STATE OF CALIFORNIA } COUNTY OF ORANGE } ss CITY OF SEAL BEACH } I, Tina Knapp, City Clerk of the City of Seal Beach, do hereby certify that the foregoing Ordinance was introduced for first reading at a regular meeting held on June 22, 2015 and was passed, approved, and adopted by the City Council at a regular meeting held on 13th day of Jam, 2015 by the following vote: AYES: Council Members Deaton, Sloan, Miller, Massa-Lavitt, Varipapa NOES: Council Members None ABSENT: Council Members None ABSTAIN: Council Members None and do hereby further certify that Ordinance Number 1646 has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. City Clerk 5 ORDINANCE NO. 1647 AN ORDINANCE OF THE CITY OF SEAL BEACH ZONE TEXT AMENDMENT 15-3 AMENDING TITLE 11 REGARDING RESIDENTIAL DEVELOPMENT STANDARDS THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: Section 1. Table 11.2.05.015 of the Seal Beach Municipal Cade is hereby amended as follows: TABLE 91' .05.015_ DEV'ELOOMENT STANDARDS FOR RESIDENTIAL DISTRICTS RLD:g" RLD-15 RMD-1$1 RHD 20 RH17.-33 RHD-46., SupplernentaJ Regulatr`ons Densit0nte6sity af.+Use-Lot Dimensions One unit per One unit See Section 5,000 sq.ft. per 3,000 One unit One unit One unit One unit 11.4.05.115 for of lot area, ft,of per 2,500 per 2,178 per 1,350 per 960 Second Dwelling UnitMaximumDensityplusa lot area, sq.ft.of lot sq.ft.of lot sq,ft,of lot sq.ft.of standards.See Second Plus a area area area lot area Subsection A for Unit" Second Surfside StandardsUnit" Maximum Density with state See Chapter 11.4,55: Affordable Affordable Housing Housing Bonus Bonus dulac Minimum Lot Area sq.ft.) Interior Lots 5,000 3,000 5,000 2,500 5,000 5,000 A Comer Lots 5,500 3,000 5,500 2,500 5,500 5,500 W) lVonresidentia! 10,000 10,000 10,000 10,000 10,000 10,000uses Minimum Lot Size ft.} lntedor Lots 50 x 100 30 x 80 50 x 100 25 x 100 50 x 100 50 x 100 W) Comer tots 55 x 100 35 x 80 50 x 100 25 x 100 55 x 100 55 x 100 W} Minimum Floor Area sq.ft.) Primary Dwelling 1,200 1,200(E) 950 950 950 950 L-1Unit Efficiency Second 150 150 150 150 150 150 L-1Unit 1-Bedroom 400 400 400 400 400 400 L-1Secondunit Ordinance Number 1647 TABLE 14.2.6.015(Continued) DEVELOPMENT.STANDARDS FOR RESIDENTIAL•DISTRICTS. Supplemental RLD-9 RLD-15 RMD-18 RHD-20 RHD-33 RHD-46 Regulations Density/intensity of Use-Lot Dimensions(Continued) Maximum Floor Area for Second Units 2+-Bedroom 600 600 600 Second Unit Maximum Floor Area for Second Units Detached Second 800 sq.ft 800 sq.ft 800 sq.ftUnit Attached Second 30%of rim of 30%of Unit primary unit primary unit primary unit Maximum Lot B) 67 50 75(B) 60 80 B)(W) Coverage(%) Substandard Lot Yes Yes Yes Yes Yes Yes C) Standards Building Form and Location Minimum Yards(ft.) Average Average Front—Minimum D) E) 12; 12; 18 18 D)(E)(W);L-3 Minimum 6 Minimum 6 10%of lot 10%of lot 10%of 10%of lotlotwidth; width;3 ft. width;3 ft. width;3 ft. ( A)(D)(E)(W)Interior Side— A)(D) E) 3 ft. Minimum minimum; minimum; minimum; minimum; 10 ft. 10 ft. 10 ft. 10 ft. maximum maximum maximum maximum 15%of lot 15%of lot 15%of lot 15%of 15%of lot Corner Side— lot width; width; 10 ft. (E) width; 10 ft. width; 10 ft. 10 ft. width; 10 ft. E)(W) Minimum maximum maximum maximum maximum maximum 5 ft.;but When 24 ft 24 ft. abutting an MinusRear10E) alley 24 ft. Minus width width of E) minus width of the alley. the alley. of the alley. Main.Building Envelope Flood Zone Heights Yes Yes Yes Yes Yes Yes F) 25(A)(G) not to exceed two 35 A)(G)(E)(W)Maximum Height(ft.) stories) 25(E) G) 25 35 Maximum Height of Downslope Skirt Walls 6 6 6 6 6 6 H) ft.) Projections Yes Yes(E)Yes Yes Yes Yes 1)(E)(W) 2 Ordinance Number 1647 Ti4BL E 11.2.05.015(Contir ued} DENEL. 0PMENT.STANDARDS FORARESIDENTIAL DISTRICTS RLLi 9. RL D 15 RMD=18_s, ;RHP;,20- - RHD'33., `- RHD 46- I-Regutafions . A- Main Building Envelope Minimum Distance 6 6 6 6 6 10-20 J) Between Buildings on the Same Lot(ft.) Minimum Court 15 15 Dimensions(ft.} Building Design Exterior Stairways Yes Yes Yes Yes No Na L-2 Prohibited Porches Yes Yes K) Vehicle Accommodation ' x Off-Street Parking See Chapter 11.4.20:Off-Street Parking and Loafing and Loading Maximum Number of 1 i 1 1 1 L)Curb Cuts for 1 Driveway Maximum Width of 18 M) Driveway(ft.) Limitations on Parking and Garage Yes Yes Yes Yes Yes Yes N)(W) Frontage undscap ng and 4pen.Space:; :r~ Minimum Permeable 60/50 60/50 60/50 60/50 60/50 60/50 0)Surface/Maximum Paving in Street— Facing Yards(%) Minimum Site Area 25 15(E) 15 Yes 15 15 E),(P);See also Devoted to Section 11.4.30.015 Landscaping Planting Required on Yes Yes Yes Yes Yes Yes Q) Downslope Lots Pedestrian Yes Yes Yes Yes R) Walkways Other bevelopment-Standards Accessory Structures Yes Yes Yes Yes Yes Yes See Section 11.4.05.100;(W) 2-Story Cabanas/ Manufactured Yes S) Homes Roof Decks Yes Yes Yes Yes Yes T) Solar Access Yes Yes Yes Yes Yes Yes See Section 11.4.10.045 3 Ordinance Number 1647 TABLE 11.2:05.015(Condntiedd) ,- a DEVELOPMENT STANDARDS FOR RESIDENTIAL,DISTRICTS , > Sup lemenfal RLD=9 RLD-15 WD,18 , 'PHD-20 RF D-33 RHO-4 6 [Reguladons . Other,Development Standards(continued). Walls and Fences Yes Yes Yes Yes Yes Yes See Chapter 11.4.15 General Site Standards See Chapter 11.4.10: General Site Standards Landscaping and Buffer Yards See Chapter 11.4.30:Landscaping and Buffer Yards Signs See Chapter 11.4.25:Sign Regulations Nonconforming Structures See Chapter 11.4.40:Nonconforming Uses,Structures,and Lots Coastal Development Permit See Chapter 11.4.35: Coastal Development Permit Reasonable Accommodations T See Chapter 11.5.30:Reasonable Accommodations L-1: Second Units are not allowed in the RHD-20 District located in Old Town. L-2: Exterior stairways providing access from the ground level and/or the first floor to the second floor or above are prohibited when such stairways are not specifically required by the California Building Code. Exterior stairways may be permitted through the building permit process in the RLD-9 district on properties with a second story kitchen existing as of March 9, 1998. In such a case,a covenant shall be recorded on the title of the property stipulating the property is to be used only as a Single-Unit dwelling, Exception: Exterior stairways may be permitted on Single-Unit dwellings located within identified flood zones upon approval of an Administrative Use Permit pursuant to Chapter 11.5.20:Development Permits. L-3: Refer to Appendix A—City Council Approved Blanket Setback Variances Section 2. The following regulation is hereby amended in Section 11.2.05.015.A of the Municipal Code: A. Standards for Surfside. 1. Yard Requirements. Yard requirements for Surfside are set forth in Table 11.2.05.015.A.1: Surfside Yard Requirements. TABLE 11:2 05.0'15.A.'1 SURFSIDE YARD,REQUIREMENTS A"'Row 4F6 R Row Front Yard 4 ft. 2.5 ft. 2.5 ft. (L-1) Side Yard 10% lot width, minimum 3 ft. - maximum 10 ft. (L-2) Rear Yard 1 3 ft. (L-3) 3 ft. L-1) Upper stories may cantilever to the property line L-2) "A" Row. A stairway and elevated walkway not to exceed two and one-half feet above grade are permitted to encroach three feet into the side yard setback on the northwest side. If a residentially zoned parcel is located to the northwest of a colony pedestrian easement and abuts such easement, a stairway and walkway may be constructed on either the southwest or northwest side of a residential structure. L-3) an Lot B-1 through B-70 the upper stories may cantilever to the rear property line 2. Projections into Side Yards. Cornices, eaves or chimneys may project 1 foot into required side yards beginning above the first story and in no case less than 8 feet above grade. 3. Building Height Limit. Not subject to two-story maximum set by Table 11.2.05.015. Maximum building height for residential structures, including Second Dwelling Units, shall be 35 feet, as measured from the crown of Surfside Avenue at the center of the subject property, Section 3. The following regulation is hereby amended in Section 11.2.05.015.D of the Municipal Code: 4 Ordinance Number 1647 D. RLD-9 District - Minimum Front and Interior Side Yards. In the RLD-9 District the minimum front and interior side yards are: 1. 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,betwee-d.'First Street and Eighth Street, which is not allowed side entry garages. 2. 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, which has a 10 percent of lot width interior side yard setback and a minimum interior side yard of 3 feet. The RLD-9 District area in Surfside Colony is regulated by Table 11.2.05.015.A.1. Section 4. The following regulation is hereby amended in Section 11.2.05.015.G of the Municipal Code: G. Building Height — RLD-9 and RIVID 18 Districts. Building height in the RLD-9 District in Old Town and the RMD-18 District are: 1. RLD-9 District — Old Town. Not subject to two-story maximum set by Table 11.2.05.015. Maximum building height is 25 feet as measured at the finished grade of the wall of the building nearest Ocean Avenue and the height of this roofline shall not be exceeded on the remainder of the lot. 2. RMD-18 District. The maximum building height for residential structures is: a. Lots Less than 37.5 Feet Wide: 25 feet b. Lots 37.5 Feet Wide or Greater: i. Front 1/2 of lot:25 feet ii.Rear 1/2 of lot:35 feet 3. RLD-9 District — College Park East, College Park West, and The Hill. Maximum building height is 25 feet, not to exceed two stories. Section 5. Section 11.2.05.0150 is hereby added to the Municipal Code: W. Hellman Ranch Specific Plan Development. There is established in the Residential Low Density-9 (RLD-9) Zone the Hellman Ranch Specific Plan, -originally adopted by the City Council as Ordinance 1097 on June 22, 1981. Specifically, all development in Development Planning Area 8 as designated in the Hellman Ranch Specific Plan and as amended and approved by the City Council through adoption of Ordinance 1420 on October 27, 1997, shall be in conformance with -the - plans, specifications, designated uses, development standards and proposed uses so approved. Section 6. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or any part thereof is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portions of this ordinance or any part hereof. The City Council of the City of Seal Beach hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared invalid. Section 7. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published 'and posted in the manner required by law. 5 Ordinance Number 1647 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Seal Beach at a meeting thereof held on the 27t' day of July, 2015. 6 ae- Mayor ATTEST: OR cc City Clerk 06 STATE OF CALIFORNIA COUNTY OF ORANGE SS CITY OF SEAL BEACH 1, Tina Knapp, City Clerk of the City of Seal Beach, do hereby certify that the foregoing Ordinance was introduced for first reading at a regular meeting held on July 13, 2015 and was Passed, approved, and adopted by the City Council at a regular meeting held on the 27 day Julofy, 2015 by the following vote: AYES: Council Members Deaton, Sloan, Miller, Massa-Lavitt, Varipapa NOES: Council Members None ABSENT: Council Members None ABSTAIN: Council Members None and do hereby further certify that Ordinance Number 1647 has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. City Clerk 6 AGENDA STAFF REPORT DATE:October 11, 2010 TO:Honorable Mayor and City Council THRU:David Carmany, City Manager FROM:Mark Persico, AICP, Director of Development Services SUBJECT: CONTINUED PUBLIC HEARING ADOPTION OF NEGATIVE DECLARATION 2010 -1; ADOPTION OF MUNICIPAL CODE, TITLE 11: ZONING; AND ADOPTION OF ZONE CHANGE 10 -2 SUMMARY OF REQUEST: Conduct a continued public hearing to consider: Adopting Resolution Number 6005, a Resolution of the Seal Beach City Council Adopting Negative Declaration 2010 -1 for the Seal Beach Municipal Code Title 11 Zoning), and instructing staff to file the appropriate CEQA notices. Introducing Ordinance Number 1598, an Ordinance of the City of Seal Beach amending the Seal Beach Municipal Code by adopting Title 11 Zoning), and adopting Zone Change 10 -2 (Zoning Map). The Planning Commission's recommendations regarding mansionization on the Hill and in the Coves (Council District 3). BACKGROUND AND FACTS: This is the third City Council public hearing on the February 2010 version of the Zoning Code. The initial public hearing was conducted on June 14, 2010. At that hearing the Council continued the matter to August 9, 2010, to allow the Planning Commission to consider four specific items: 1. Home Occupancy Permits — revisions to better define employees, determine how many visitors should be allowed at a home -based business, and determine if "direct product distribution" should be allowed with only a business license; Agenda Item R Page 2 2. Administrative Use Permit — should Staff be granted the authority to review and approve minor uses or should all entitlements be reviewed and approved by the Planning Commission; 3. A -frame signs on Main Street — should A -frame signs be permitted on private property within the Main Street Specific Plan area; and 4. Interim Community Guidelines — should certain development standards and design provisions be excerpted from the Ordinance and adopted by resolution as Community Guidelines. At the hearing of August 9, 2010, the City Council received an update on the Planning Commission actions regarding the four issues above, and the Council received further testimony. The hearing concluded with the City Council continuing the matter to October 11, 2010, and directing Staff as follows: 1. The Community Guidelines should be deleted and removed from all further discussion; 2. The Administrative Use Permit should be removed and replaced with a Minor Use Permit, which would require Planning Commission action; 3. The issues of signage on Main Street were deferred pending a comprehensive update to the Main Street Specific Plan; 4. Further direction was given regarding the Home Occupancy Permit standards; 5. Staff was asked to prepare a clean version of the Zoning Code incorporating all of the changes recommended to date; and 6. The Planning Commission was asked to consider the issue of mansionization in Council District 3 (the Hill and the Coves). DISCUSSION: On September 15, 2010, the Planning Commission considered the matter of mansionization within specific areas of Council District 3. The Planning Commission received oral and written comment requesting that the issue of mansionization be addressed, and that the neighborhood be included in the process. There was concern from the residents and several Planning Commissioners that the issue needed more study and analysis before adopting standards. Everyone agreed that the issue of neighborhood compatibility and urban form are important and that more analysis was needed. Page 3 The Planning Commission unanimously recommended to the City Council that further workshops and study be undertaken prior to adopting anti - mansionization standards (see attached minutes). However, the Planning Commission felt the . current draft version of the Zoning Ordinance could be adopted with the subsequent amendments to follow. As noted in the draft Resolution for the mitigated negative declaration, the proposed Title 11 does not change standards for basic lot size, density and building intensity, setback, lot coverage, height, parking, and sign regulations of the current Zoning Code. There are minor changes to allowable and discretionary land uses within the City, such a news stands, kiosks, artist's studios, catering services, and handicraft/custom manufacturing uses. The provisions of Title 11, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same matter, are restatements and continuations of existing law, and not new enactments. Further, it has been the intent of the City to make no changes to the ordinances, rules and regulations governing specific plans in the City. The City has previously adopted the following specific plans in the City: Main Street Specific Plan, Boeing, Bixby Old Ranch Business Park, Hellman, and the DWP Specific Plan. Title 11 does not amend or make any changes to such Specific Plans. Due to comments raised by Bay City Partners, staff has revised the draft ordinance to make it clear that the substance of the regulations in Chapter 28 related to specific plans is recodified in the draft Title 11. In most instances, the language has been duplicated verbatim. In no event has there been any change to the ordinances, rules and regulations governing specific plans. SUMMARY: Staff prepared and delivered a clean version of Title 11 (Zoning) to City Council members, placed it in the Mary Wilson Library and posted a copy on the City's website. At this point the City Council has received Planning Commission input regarding mansionization in Council District 3 as requested. FINANCIAL IMPACT: There are no direct financial impacts related to the Code, except for printing costs which have been previously budgeted. RECOMMENDATION: Based upon Planning Commission input, Staff recommends that the City Council: Adopt Resolution No. 6005, A Resolution of the Seal Beach City Council adopting Negative Declaration 2010 -1 in connection with the adoption of Page 4 Seal Beach Municipal Code Title 11 (Zoning) and Zone Change 10 -2 Zoning Map), and instructing staff to file appropriate documentation with . appropriate state and county agencies. Introducing Ordinance Number 1598, an Ordinance of the City of Seal Beach amending the Seal Beach Municipal Code by adopting Title 11 Zoning), and adopting Zone Change 10 -2 (Zoning Map). SUBMITTED BY:NOTED AND APPROVED: Mark Persico, Al David Carmany, City Manager Director of Development Services Attachments: A.Resolution No. 6005 B.Ordinance No. 1598 C.August 9, 2010, City Council Minute Excerpt D.September 15, 2010, Planning Commission Minutes (Draft) E.Draft Title 11: Zoning dated October 11, 2010 ATTACHMENT "A" RESOLUTION NO. 6005 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ADOPTING NEGATIVE DECLARATION 2010 -1 IN CONNECTION WITH THE ADOPTION OF SEAL BEACH MUNICIPAL CODE TITLE 11 ZONING CODE) AND ZONE CHANGE 10 -2 (ZONING MAP) RESOLUTION NUMBER 6005 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ADOPTING NEGATIVE DECLARATION 2010 -1 IN CONNECTION WITH THE ADOPTION OF SEAL BEACH MUNICIPAL CODE TITLE 11 (ZONING) AND ZONE CHANGE 10 -2 (ZONING MAP) THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE, FIND, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City has proposed revising the City's Zoning Code ( "Project ") to reflect the most appropriate and best available development regulations and standards to meet the desires of the community regarding development within the City. Such a comprehensive revision effort has not been undertaken within the community since 1974. The proposed Title 11, Zoning, does not change standards for basic lot size, density and building intensity, setback, lot coverage, height, parking, and sign regulations of the current zoning Code. There are minor changes to allowable and discretionary land uses within the City, such as news stands, kiosks, artist's studios, catering services, and handicrafUcustom manufacturing uses. SECTION 2. The Project has been environmentally reviewed pursuant to the provisions of the California Environmental Quality Act (Public Resources Code Sections 21000, et seq. ( "CEQA ")), and the State CEQA Guidelines (Califomia Code of Regulations, Title 14, Sections 15000, et seq.). City Staff prepared an initial study pursuant to State CEQA Guideline § 15025 (a). Based on the information contained in the initial study, the City staff determined that there was no substantial evidence, in light of the whole record before the City, that approval of the Project may have a significant environmental impact. Accordingly, staff prepared a Draft Negative Declaration ( "Negative Declaration ") in accordance with Section 15070 of the State CEQA Guidelines. Notice of the preparation of the Negative Declaration was posted for the period of April 15 through May 17, 2010. The City received comments on the proposed Initial Study /Negative Declaration from: State of Califomia Office of Planning and Research, May 18, 2010; State of Califomia Coastal Commission, May 17, 2010; State of Califomia Department of Transportation, District 12, May 6, 2010; State of Califomia Native American Heritage Commission, May 6, 2010; and City of Seal Beach Environmental Quality Control Board, Minutes of April 28, 2010. SECTION 3. City Staff has prepared written responses to all comments on the Initial Study /Negative Declaration, and provided the responses to the City Council. SECTION 4. The City's Planning Commission reviewed the Initial Study /Negative Declaration on May 5, 2010, in conjunction with a public hearing on the Project and neither received public comments nor provided Commission comments. The City's Environmental Quality Control Board ( "EQCB ") reviewed the subject Initial Study/Negative Declaration on April 28, 2010. No public comments were received at that time. The EQCB provided comments. City staff has responded to the EQCB's comments. SECTION 5. Pursuant to Section 15074(b) of the State CEQA Guidelines, the City Council independently reviewed and considered the contents of the Initial Study and the Negative Declaration prior to deciding whether to approve the Project. Based on the Initial Study, the Negative Declaration, the comments received thereon; the responses to the comments, the Staff Reports dated June 14, August 9 and October 11, 2010, additional public comments, and the whole record before the City Council, the City Council hereby finds that the Negative Declaration Resolution Number 6005 prepared for the Project reflects the independent judgment and analysis of the City Council and that there is no substantial evidence that the approval of the Project may have any significant environmental impact. The City has addressed each of the stated concerns within the Initial Study /Negative Declaration document. Moreover, although CEQA does not require responses to comments made concerning a negative declaration, the City responded in writing to comments received. The documents and other materials which constitute the record on which this decision is based, are on file with the Department of Development Services, 211 Eighth Street, Seal Beach. The custodian of said records is the Director of Development Services. SECTION 6. Based upon the foregoing, and based upon substantial evidence in the record before the City Council, the Council hereby finds: 1. There is no substantial evidence in the record that would support a fair argument that approval of the project might have a significant environmental impact. 2. There has been no evidence presented that the Negative Declaration has been "substantially revised" so as to require recirculation under the Califomia Environmental Quality Act. SECTION 7. Based upon the foregoing, and based upon substantial evidence in the record before the City Council, the Council hereby adopts Negative Declaration 2010 -1, Adoption of Title 11 (Zoning) Seal Beach Municipal Code and Zone Change 10 -2 (Zoning Maps), and determines that approval of this project involves no potential for adverse effects, either individually or cumulatively, on wildlife resources and will not have an adverse impact on fish and wildlife. SECTION 8. The foregoing findings are based on substantial evidence in the record, including without limitation, the draft Negative Declaration 2010 -1, staff reports and both oral and written testimony. The documents that comprise the record of the proceedings are on file with the Department of Development Services, 211 Eighth Street, Seal Beach. The custodian of said records is the Director of Development Services. SECTION 9. The Council hereby instructs the Director of Development Services to file appropriate documentation with the State of California and the County of Orange. PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 11th day of October , 2010 by the following vote: AYES:Council Members NOES:Council Members ABSENT: Council Members ABSTAIN: Council Members Mayor ATTEST: City Clerk Resolution Number 6005 STATE OF CALIFORNIA } COUNTY OF ORANGE SS CITY OF SEAL BEACH I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution Number on file in the office of the City Clerk, passed, approved, and adopted by the Seal Beach City Council at a regular meeting held on the 11th day of October , 2010. City Clerk ATTACHMENT "B" ORDINANCE NO. 1598 AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING THE SEAL BEACH MUNICIPAL CODE BY ADOPTING TITLE 11 (ZONING) AND ADOPTING ZONE CHANGE 10 -2 (ZONING MAP) ORDINANCE NUMBER 1598 AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING THE SEAL BEACH MUNICIPAL CODE BY ADOPTING TITLE 11 ZONING) AND ADOPTING ZONE CHANGE 10 -2 (ZONING MAP) THE SEAL BEACH CITY COUNCIL DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council hereby adopts Title 11 Zoning) to read as set forth in that document titled "Draft Title 11: Zoning, October 11, 2010° as amended in Section 3 of this ordinance. Such document, with the amendments herein, is referred to as "Title 11." A copy of Title 11 is on file with the City Clerk. Title 11 is hereby incorporated by reference and made a part hereof. SECTION 2. The provisions of Title 11, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same matter, shall be construed as restatements and continuations, and not as new enactments. SECTION 3. Title 11 does not change or amend the ordinances, rules and regulations governing specific plans in the City. For purposes of recodifying the provisions of former Chapter 28 related to specific plans, Title 11 is hereby amended as follows: a. Section 11.3.25.010 is hereby added to Title 11 to read as follows: 11.3.25.010 General Provisions. A. Such Specific Plan shall be consistent with and implement the General Plan. A Specific Plan shall provided for the type, location and density of and uses, the development standards and regulations, including but not limited to height, setback, landscaping, and parking requirements, the purpose, type, location and extent of public improvements and facilities, and any other matters considered appropriate or necessary. B. With respect to any property for which a Specific Plan has been adopted, no tentative tract map or tentative parcel map may be approved nor may any permit license or other entitlement for use be granted or issued unless such map, permit, license or other entitlement for use is consistent with such Specific Plan. C. The City Council, after adopting a Specific Plan, may impose a Specific Plan fee upon persons seeking governmental approvals which are required to be consistent with the Specific Plan. The fees shall be established so that in the aggregate, such fees (as estimated) defray, but do not exceed the cost of preparation, adoption, and administration of the Specific Plan, including costs incurred pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code. As nearly as can be estimated, the fee charged shall be a prorated amount in accordance with the applicant's relative benefit derived from the Specific Plan. In addition, the Department of Development Services may require a person who requests adoption or amendment of a Specific Plan to deposit a sum of money in an amount equal to the estimated cost of preparing the plan or amendment by the Department of Development Services." Ordinance Number 1598 b. Section 11.5.15.040C of Title 11 is amended to read as follows: 11.5.15.040 C. Special Factors in Determining Specific Plan Standards. Prior to approving a specific plan or an amendment to a specific plan, particular care must be exercised in the establishment of building height development standards for each Specific Plan under the provisions of Section 11.3.25.010 A. Factors to be carefully weighed shall include, but not limited to, the Planning District in which the Specific Plan is to be located, the former zoning of the Specific Plan site, height of existing buildings immediately surrounding the Specific Plan site and the effect of the building height on the areas surrounding the Specific Plan Site. No building within the SPR Zone shall exceed a height of 39 feet, except for nonhabitable architectural features of any proposed buildings, in that portion of the City known as the Coastal Zone as defined by the Califomia Coastal Act or north of the San Diego Freeway, except such portions thereof which are zoned LM, Light Manufacturing, on the effective date of this Ordinance. The provisions of this section shall not apply to any validly existing Specific Plan approved by the City prior to the adoption of this section." SECTION 4. The adoption of this Ordinance does not affect the following matters: a. Actions and proceedings that began before the effective date of this Ordinance. b. Prosecution for ordinance violations committed before the effective date of this Ordinance. c. Licenses and penalties due and unpaid at the effective date of this Ordinance. d. Collection of licenses and penalties due and unpaid at the effective date of this Ordinance. e. Bonds and cash deposits required to be posted, filed or deposited pursuant to any ordinance, resolution or regulation. f. Matters of record that refer to or are connected with an ordinance whose substance is included in Chapter 28. Such references shall be construed to apply to the corresponding provisions of Title 11. SECTION 5. Any ordinance, including portions of the previously existing Chapter 28 (Zoning) that has not been recodified in title 11 that is inconsistent with Title 11 is hereby repealed. SECTION 6. Nothing in this Ordinance shall in any manner modify or otherwise affect the following subject matters: a. Corporate or jurisdictional limits of the City. b. Contracts to which the City is a party. c. City taxes. d. City franchises. e. Highways, roads, streets or other public right -of -way. f. Bonds or indebtedness of the City. g. A district, public corporation or other entity established by the City. h. Specific public improvements or assessments. i. Appropriation or investment of City funds. Ordinance Number 1598 SECTION 7. The Council hereby directs the City Clerk to replace Chapter 28 (Zoning) with Title 11 and to make all necessary, non - substantive conforming revisions, including but not limited to clerical corrections to section numbers, table and figure references and cross references. Further, the Council directs the City Clerk to make any necessary clerical change to any adopted Specific Plan to conform any reference to zoning designations in the Specific Plan to any new Zoning designation as described in Title 11 and on the Zoning Map. Such clerical changes will not confer additional rights or obligations on property owners. SECTION 8. The City Council hereby adopts Zone Change 10 -2 (Zoning Map). SECTION 9. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or any part thereof is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portions of this ordinance or any part hereof. The City Council of the City of Seal Beach hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared invalid. SECTION 10. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at a regular meeting held on the day of 2010. Mayor ATTEST: City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE SS CITY OF SEAL BEACH I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the foregoing Ordinance was introduced for first reading at a regular meeting held on the 11th day of October 2010 and was passed, approved and adopted by the City Council at a regular meeting held on the day of 2010 by the following vote: AYES:Council Members: NOES:Council Members: ABSENT: Council Members: ABSTAIN: Council Members: And do hereby further certify that Ordinance Number 1598 has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. City Clerk ATTACHMENT "C" AUGUST 9, 2010, CITY COUNCIL MINUTE EXCERPT pE _SE/I g'' MINUTE EXCERPT RPOrrq'°Fq`y+ ss Seal Beach California s;y'•` ESQ -oe: 27August9, 2010 cO,, 9 * GO > - The City Council of the City of Seal Beach met in regular session at 7:00 p.m. with Mayor Sloan calling the meeting to order and Mayor Pro Tem Levitt leading the Salute to the Flag. ROLL CALL Present:Mayor Sloan; Council Members: Antos, Levitt, Miller, Shanks APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS & ORDINANCES Mayor Sloan reordered the agenda placing item "BB" (Continued Public Hearing - Title 11) after the Presentations. Items pulled from consent calendar - Miller pulled items "I ", P ", and "AA "; and Shanks pulled items "X" and "Y ". Shanks moved, second by Antos, to approve the agenda as amended. AYES:Antos, Levitt, Miller, Shanks, Sloan NOES:None Motion carried PUBLIC HEARING ITEM "BB" / CONTINUED PUBLIC HEARING / RESOLUTION NO. 6005 / NEGATIVE DECLARATION 2010 -1 / ORDINANCE NO. 1598 / SEAL BEACH MUNICIPAL CODE / TITLE 11 - ZONING (Referred to Planning Commission - 06/14/10) Mayor Sloan stated this was the time and place for the continued public hearing for the consideration of: Re- introduction and first reading of Ordinance No. 1598 amending the Seal Beach Municipal Code by deleting Chapter 28, Zoning, in its entirety and adopting a new Title 11, Zoning and adopting Zone Changes 10 -2 and Resolution No. 6005 adopting Negative Declaration 2010 -1 in connection with the adoption of the Seal Beach Municipal Code Title 11 (Zoning Code). The Director of Development Services stated that the Planning Commission considered the 4 issues (Home Occupancy Permits; Administrative Use Permits; A -frame Signs on Main Street; and Interim Community Guidelines) that the Council had referred back to them for further review. The Commission provided recommended changes to the provisions addressing home occupancy permits and had. no recommended changes_ for the_other..3 issues.. The .. _ following recommendation was provided in the staff report: Issue 1 Home Occupancy Permits: The Planning Commission had considerable discussion regarding home occupancies. The overarching issue is assuring that residential neighborhoods are protected and that the business use is clearly secondary to the residential use of the property. Below is the revised language that was unanimously recommended by the Planning Commission. The revised language is in a bold /underline format. If the Council agrees with the Commission, the Council can direct staff to include such language (or alternative language) in Title 11 for first reading. Page 2 Section 11.4.05.060 (Home Occupations) B. Basic Operating Standards. All home occupations shall comply with the following operating standards: 1. Main Residence. The location of the business shall be the main residence of the person(s) conducting the business and shall be clearly incidental and secondary to the use of the property for residential purposes; 2. Outdoor Storage Prohibited. Storage shall not occur out -of- doors, within a carport, or within an accessory structure; 3. Garage Conversion Not Allowed. Any required garage parking area shall not be converted into a work area or storage area for the home occupation; 4. Exterior Appearance. There shall be no exterior indication of the home occupation activity from the adjoining public rights -of -way or from surrounding properties; 5. Alterations Prohibited. The home occupation shall not require any alteration(s) or modification(s) to the dwelling incompatible with residential use or that would change its occupancy classification in compliance with the California Building Code; 6. Displays or Signs Prohibited. The home occupation shall not display window or advertising sign(s), merchandise, products, or stock in trade, or other identification of the home occupation on the premises; 7. Equipment. Mechanical or electrical equipment shall not be installed or maintained other than that which is compatible with domestic residential use; 8. Articles Offered for Sale. Articles offered for sale shall be limited to those produced on the premises, or direct product distribution; 9. Vehicles. Only 1 vehicle, with a capacity not exceeding 1 ton, may be used and kept on the premises by the occupant directly or indirectly in connection with a home occupation; 10. Fire Safety. Activities conducted and equipment or material used shall not change the fire safety or occupancy classifications of the premises; 11. Nuisances. The home occupation shall not cause or create offensive or objectionable levels of hazards or nuisances (e.g., cold, dirt, dust, electrical interference, fumes, heat, humidity, gas, glare, light, noise, odor, smoke, solid waste, toxic /hazardous materials, vibration, etc.), in excess of that customarily associated with similar residential uses; 12. Traffic Generation. The home occupation shall not generate additional pedestrian or vehicular traffic substantially greater than that normally associated with residential uses in the surrounding area; 13. Allowable Deliveries. The home occupation may receive up to 2 deliveries each day; 14. Maximum Hours of Operation. The home occupation shall not be conducted between the hours of 10:00 p.m. and 7:00 a.m. (except for child day -care facilities); 15. Employees. Only family members or persons living full -time on the property shall be permitted to work at a home - based business. 16. Compliance with all City Noise Ordinance requirements; and 17. Allow On -site Visits. The home occupation may allow up to 6 clients, patients, or pupils to be present at any 1 time (except for child day -care facilities). Provided that only one group, regardless of size, is allowed per day. C. Limitations on Director Approval for Home Occupations. Home Occupations approved by the Director as a permitted use shall be subject to the provisions of subsection B, Basic Operating Standards, above and the following limitations: 1. Location: Conduct of the home occupation shall be confined completely to the residential dwelling unit and not within an accessory structure(s). A home occupation shall not impair the use of a garage in terms of providing required parking; 2. Maximum Allowable Floor Area. A home occupation shall not be allowed which requires more than 1 room and may not exceed 20 percent of the gross floor area of the residence; 3: Access. Access to the space devoted to a home occupation shall only be from within the main residential dwelling unit; and Page 3 D. Home Occupations Requiring an Administrative Use Permit. The following list identifies home occupation activities that may be allowable subject to the approval of an Administrative Use Permit, in compliance with Chapter 11.5.20: Development Permits: 1. Use of an accessory structure; 2. Use requiring more than more than 1 room or 20 percent of the gross floor area of the residence; 3. Uses which entail food handling, processing, or packing; 4. Musical performance or instruction in the use of musical instruments when either amplification is used or when 2 or more persons are receiving instruction or performing at a time; 5. Specified additional uses: pet grooming, or any other use or occupation which the Director determines is similar in nature to the previously listed uses; 6. Having more than 1 home occupation in a dwelling unit; 7. Having an employee on -site who is not a resident; and 8. Having on -site visitors in excess of that allowed under B. 17 above. Issue 2 Administrative Use Permit: The Planning Commission believes that the Administrative Use Permit process is an effective method of conducting streamlined public hearings for the approval of minor uses. Therefore, the Planning Commission unanimously supported keeping the proposed Administrative Use Permit process as drafted in Title 11. Issue 3 A -frame signs on Main Street: This provision of the Code only relates to A -frame signs on Main Street that are on private property. While there are only limited instances where the building is setback from the front property line, the Planning Commission was still concerned about this issue. However, at this point the Commission is recommending no change to the A -frame provisions due to lack of adequate information. Instead the Commission is suggesting that the Main Street Specific Plan be updated. Further, the Commission believes that a steering committee of residents and business /property owners should be appointed to examine these issues. The Planning Commission voted unanimously to support an update to the Specific Plan, with no change to Title 11. Issue 4 Community Guidelines: The Planning Commission recognized the uniqueness of the various neighborhoods that comprise Seal Beach, and that one set of ordinances cannot address the varying urban forms within Seal Beach. Because of these facts the Planning Commission recommended that the Interim Community Guidelines be adopted by the City Council. The Planning Commission unanimously recommended adoption of the Interim Community Guidelines with the understanding that staff would work to further refine the guidelines based upon the needs of each neighborhood. At the appropriate time staff should report back to the Commission regarding the effectiveness of the Guidelines. The Director indicated that the Planning Commission at their August 4th meeting revisited item B -17 (Allowable On -site Visits) to discuss the impact this would possibly have on the neighborhood. After deliberating the Planning Commission voted unanimously to revise B-17 to read as follows; 17. Allowable On -site Visits. That Home Occupancy Standards allow up to six (6) clients, patients, or pupils to be present at any one time except child day care facilities, provided that only one group, regardless of size, is allowed per week. The Director indicated that 2 new letters were received: (copies were, provided to Council and the public) Bay City Partners (August 6th) - this was their second letter and staff has reviewed their concerns and their issues have been addressed in Title 11; the other letter was received by Scott Levitt (August 9th) - stating his opinions regarding community guidelines. The other item given to the Council was a memo relating to Page 4 specific plans with a revised draft ordinance: provisions affecting specific plans in Chapter 28 would be incorporated into Title 11 - this would not change any zoning regulations applicable to any specific plans - adopting Title 11 does not impact specific plans, they are separate legal documents. The Director clarified that the Planning Commission determined that residential areas need to be protected while at the same time allow Home Base Businesses (HBB) - tried to create a balance - if a business wanted to have groups more than once a week the business owner would need to go through a permit process - this would allow the City to make sure the residential zones would remain first and foremost residential. Mayor Pro Term Levitt disagreed with the rationale to this limitation. Mayor Sloan declared the public hearing open. Speaker Comments: Doreen Stevens, College Park East, reiterated her statements regarding the changes to the Home Base Businesses (Mary Kay products); Ellery Deaton, Planning Commissioner Chair /4th Street resident, justified the Planning Commission's decision on the issue of Home Base Business - everyone needs to talk to each other to solve any problems regarding the issues on Main Street; Ed Selich, Bay City Partners representative, expressed that they did not feel that all their issues were addressed and suggested this item be continued; Lisa McKinnery, owner of the toy shop on Main Street, spoke on the issue of A -frame signs and other items on the sidewalks - would like merchants to have an opportunity to have their voices heard; Joyce Parque, 6th Street, stated this item should be continued until after the November election - do not rush this through - may have new council members as well as planning commissioners; Eldon Alexander, 8th Street, indicated that at the joint study session it was agreed to revisit the Main Street Specific Plan (MSSP) and include all the issues like A -frame signs at that time - not in favor of the guidelines, all the items should be in the ordinance = the provisions to specific plans need to go to the planning commission for approval - should not legislate by complaints, need to create a tracking procedure to document complaints and the effects; Seth Eaker, Seal Beach Chamber /13th Street resident, said that businesses have a voice several audience members were present) with regard to Title 11 - need to have a MSSP committee to deal with issues that affect businesses - Home Base Businesses need to be permitted by right - need to have an easier step for permits either administrative use permits or minor use permits; Robert Goldberg, Clipper Way, addressed the issue of Community Guidelines - agreed with Planning Commission that all areas are unique and one set of regulations do not fit all - mansionization has not been dealt with in the Hill area and need regulations; (name not stated), new resident in Seal Beach, in favor of benches, A -frame signs, and flower pots - family atmosphere - need to save this way of life; Jim Klisanin, 11th Street, expressed his views regarding the liabilities on Main Street - not caused by merchants but by cobblestones, news racks, bike racks, and tree roots (should plant palm trees); Erik Dryer - Goldman, business owner /resident at College Park West, stated that everyone needs to work together - need to create a MSSP committee; Diane Frolaw, Seal Beach resident, supports businesses, benches, and A -frame signs; Joanie Brinney, owner of stain glass business on Main Street, said her business has no signage and needs A -frame sign to draw customers to the back courtyard on 300 block of Main Street; Lou Manuney, new Seal Beach resident, questioned why businesses did not have input in the proposals - there are several other problems on Main Street. There were no other speakers - Mayor Sloan declared the public hearing closed. Page 5 With no objections Mayor Sloan called for a recess at 8:05 p.m. and reconvened the meeting at 8:11 p.m. Councilman Miller suggested to modify the Home Base Business provision to allow 1 -2 people anytime and 3 -6 people to whatever Council agrees is appropriate - College Park East has no problems with mansionization - guidelines have no benefits (data collection) - CPE should not have the 75% reduction on the second story - requested a clean version of the complete Title 11 to be able to review it in total. Councilman Antos stated he is a professional planner (37 years - 10 years in Seal Beach) - no changes to the rules since 1972 regarding A -frame signs and benches in the public right -of -way, needs a permit - private property is entirely different - community guidelines are not laws and have no teeth. Mayor Pro Tem Levitt said that this Council has had to deal with actions from previous Councils and would not like to be one that makes a wrong decision at the wrong time - suggested this item be postponed for the next Council (after November election) - should not make decisions that would adversely affect businesses during this recession. Councilman Shanks pointed out that Seal Beach is broken down into several areas with different problems and does not agree with Community Guidelines - the area he represents (Hill area) needs an ordinance that deals with mansionization - 75% second floor coverage is needed, if this is guaranteed he can approve the Community Guidelines A- frames are allowed on private property but can cause a problem if there are too many MSSP committee needs to meet after the election to deal with all the different problems and for new input - hearings on the zoning code have been going on for over 4 years - need to vote on this sooner or later. Mayor Sloan does not agree that the Administrative Use Permit (AUP) is a good tool, the current system is working. After further discussion on Community Guidelines and Home Base Businesses the Council took the following actions: Levitt moved, second by Sloan, to postpone any action until after the first of the year and a new City Council is seated. AYES:Levitt, Sloan NOES:Antos, Miller, Shanks Motion failed The City Attorney commented that the floor is open for any other motions. Individual motions need to be made for each item that require direction for modification /amending there is no clear direction at this point. Miller moved, second by Antos, to continue the public hearing to the next Council meeting and direct the City Manager to provide a clean version of the ordinance to include all actions taken. by_Council. AYES:Antos, Levitt, Miller, Shanks, Sloan NOES:None Motion carried Miller moved, second by, Antos, to allow 3 to 6 people twice a week for Home Base Occupation (more than 6 people and /or more than twice a week will need a minor use permit). AYES:Antos, Levitt, Miller, Shanks, Sloan NOES:None Motion carried Page 6 Miller moved, second by Antos, to not have Community Guidelines and incorporate into the ordinance. AYES:Antos, Levitt, Miller, Shanks NOES:Sloan Motion carried Sloan moved, second by Levitt, to remove reference to Administrative Use Permit. AYES:Antos, Levitt, Miller, Shanks, Sloan NOES:None Motion carried Antos moved, second by Shanks, that consideration of A -frame signs be discussed with the review of the Main Street Specific Plan. AYES:Antos, Miller, Shanks, Sloan NOES:Levitt Motion carried City Attorney stated in regards to specific plans, staff is proposing to maintain the existing language in the current code be reflected in all specific plans, there are only changes in the numbering (administrative changes). Title 11 makes absolutely no changes to the zoning of any property that is under a specific plan and does not have to go back to the Planning Commission. The Planning Commission may review the clean version before it is presented to the Council. Mayor Sloan re- opened the public hearing and Levitt moved, second by Antos, to continue until the October 11th Council meeting. AYES:Antos, Levitt, Miller, Shanks, Sloan NOES:None Motion carried STATE OF CALIFORNIA COUNTY OF ORANGE SS CITY OF SEAL BEACH I, Linda Devine, City Clerk of the City of Seal Beach, California, do hereby certify that the above is a true and correct copy of the minute order on file in the Office of the City Clerk, passed, approved, and adopted by the City Council of the City of Seal Beach at a regular meeting thereof held on the 9th day of August, 2010. DATED this 9th day of September, 2010 Li da Devine, City Clerk City of Seal Beach ATTACHMENT "D" SEPTEMBER 15, 2010, PLANNING COMMISSION MINUTES (DRAFT) City of Seal Beach Planning Commission Meeting Minutes of September 15, 2010 1 Mr. Flower advised that t - - es..1 4.0 begins a 10 -day calendar 2 appeal .-ity Council. The Commission action and the 3 ap• - period begins tomorrow morning. 4 5 3. Consideration of Anti - Mansionization Issues in Council District 3 - Title 11: Zoning 6 Seal Beach Municipal Code. 7 8 Staff Report 9 10 Mr. Persico indicated that City Council has referred this issue back to the Planning 11 Commission for consideration. Staff is recommending that a second floor limitation 12 provision be added to the RLD -9 Zone (south of Westminster Avenue) development 13 standards as presented under item D3 on Page 2 of the Staff Report. He then noted 14 that he had received two e-mail messages from homeowners within Council District 3 15 requesting that this item be delayed for further discussion. 16 17 Commissioner Bello stated that she agrees that more time must be allotted for 18 discussion on this issue. 19 20 Public Comments 21 22 Robert Goldberg noted that in the Community Guidelines Ocean Avenue is excluded 23 from this provision. He asked if the second floor provision would comprise 75% of the 24 existing first floor or of the maximum permitted ground level build out area. He then 25 requested clarification on each of the Community Guidelines and which ones would 26 apply to The Hill area. He also stated that more time must be allocated for this 27 discussion. 28 29 Commissioner Comments 30 31 Commissioner Bello recommended that this item be returned to City Council for proper 32 public hearings. 33 34 Commissioner Cummings noted that discussion at the City Council meeting had 35 questioned the need for separate Community Guidelines, and comments were made 36 regarding making them a part of the Zoning Code. 37 38 Chairperson Deaton agreed with Commissioner Bello and noted that the community to 39 be affected by these changes must be allowed to participate and be made a part of the 40 process. 41 42 MOTION by Bello; SECOND by Galbreath that Consideration of Anti - Mansionization 43 Issues in Council District 3 be returned to City Council with a recommendation that 44 public workshops be held prior to conducting public hearings. 45 46 MOTION CARRIED: 5 — 0 — 0 DRAFT 3 of 8 ATTACHMENT "E" DRAFT TITLE 11: ZONING DATED OCTOBER 11, 2010 PREVIOUSLY DISTRIBUTED TO CITY COUNCIL UNDER SEPARATE COVER Available for review at the City Clerk's Office and libraries - also on the City's Website: www.ci.seal-beach.ca.us) RESOLUTION NUMBER 6005 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ADOPTING NEGATIVE DECLARATION 2010 -1 IN CONNECTION WITH THE ADOPTION OF SEAL BEACH MUNICIPAL CODE TITLE 11 (ZONING) AND ZONE CHANGE 10 -2 (ZONING MAP) THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE, FIND, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1 . The City has proposed revising the City's Zoning Code ( "Project ") to reflect the most appropriate and best available development regulations and standards to meet the desires of the community regarding development within the City. Such a comprehensive revision effort has not been undertaken within the community since 1974. The proposed Title 11, Zoning, does not change standards for basic lot size, density and building intensity, setback, lot coverage, height, parking, and sign regulations of the current zoning Code. There are minor changes to allowable and discretionary land uses within the City, such as news stands, kiosks, artist's studios, catering services, and handicraft/custom manufacturing uses. SECTION 2 . The Project has been environmentally reviewed pursuant to the provisions of the California Environmental Quality Act (Public Resources Code Sections 21000, et seq. ( "CEQA ")), and the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000, et seq.). City Staff prepared an initial study pursuant to State CEQA Guideline § 15025 (a). Based on the information contained in the initial study, the City staff determined that there was no substantial evidence, in light of the whole record before the City, that approval of the Project may have a significant environmental impact. Accordingly, staff prepared a Draft Negative Declaration ( "Negative Declaration ") in accordance with Section 15070 of the State CEQA Guidelines. Notice of the preparation of the Negative Declaration was posted for the period of April 15 through May 17, 2010. The City received comments on the proposed Initial Study /Negative Declaration from: State of California Office of Planning and Research, May 18, 2010; State of California Coastal Commission, May 17, 2010; State of California Department of Transportation, District 12, May 6, 2010; State of California Native American Heritage Commission, May 6, 2010; and City of Seal Beach Environmental Quality Control Board, Minutes of April 28, 2010. SECTION 3 . City Staff has prepared written responses to all comments on the Initial Study /Negative Declaration, and provided the responses to the City Council. SECTION 4 . The City's Planning Commission reviewed the Initial Study /Negative Declaration on May 5, 2010, in conjunction with a public hearing on the Project and neither received public comments nor provided Commission comments. The City's Environmental Quality Control Board ( "EQCB ") reviewed the subject Initial Study /Negative Declaration on April 28, 2010. No public comments were received at that time. The EQCB provided comments. City staff has responded to the EQCB's comments. SECTION 5 . Pursuant to Section 15074(b) of the State CEQA Guidelines, the City Council independently reviewed and considered the contents of the Initial Study and the Negative Declaration prior to deciding whether to approve the Project. Based on the Initial Study, the Negative Declaration, the comments received thereon, the responses to the comments, the Staff Reports dated June 14, August 9 and October 11, 2010, additional public comments, and the whole record before the City Council, the City Council hereby finds that the Negative Declaration Resolution Number 6005 prepared for the Project reflects the independent judgment and analysis of the City Council and that there is no substantial evidence that the approval of the Project may have any significant environmental impact. The City has addressed each of the stated concerns within the Initial Study /Negative Declaration document. Moreover, although CEQA does not require responses to comments made concerning a negative declaration, the City responded in writing to comments received. The documents and other materials which constitute the record on which this decision is based, are on file with the Department of Development Services, 211 Eighth Street, Seal Beach. The custodian of said records is the Director of Development Services. SECTION 6 . Based upon the foregoing, and based upon substantial evidence in the record before the City Council, the Council hereby finds: 1. There is no substantial evidence in the record that would support a fair argument that approval of the project might have a significant environmental impact. 2. There has been no evidence presented that the Negative Declaration has been "substantially revised" so as to require recirculation under the California Environmental Quality Act. SECTION 7 . Based upon the foregoing, and based upon substantial evidence in the record before the City Council, the Council hereby adopts Negative Declaration 2010 -1, Adoption of Title 11 (Zoning) Seal Beach Municipal Code and Zone Change 10 -2 (Zoning Maps), and determines that approval of this project involves no potential for adverse effects, either individually or cumulatively, on wildlife resources and will not have an adverse impact on fish and wildlife. SECTION 8 . The foregoing findings are based on substantial evidence in the record, including without limitation, the draft Negative Declaration 2010 -1, staff reports and both oral and written testimony. The documents that comprise the record of the proceedings are on file with the Department of Development Services, 211 Eighth Street, Seal Beach. The custodian of said records is the Director of Development Services. SECTION 9 . The Council hereby instructs the Director of Development Services to file appropriate documentation with the State of California and the County of Orange. PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 11th day of October 2010 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members ATTEST: Cit Clerk Resolution Number 6005 STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution Number 6005 on file in the office of the City Clerk, passed, approved, and adopted by the Seal Beach City Council at a regular meeting held on the 11th day of October , 2010. MA#ZMnz"/l10SM16a- 1 11 ORDINANCE NUMBER 1598 AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING THE SEAL BEACH MUNICIPAL CODE BY ADOPTING TITLE 11 ZONING) AND ADOPTING ZONE CHANGE 10 -2 (ZONING MAP) THE SEAL BEACH CITY COUNCIL DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council hereby adopts Title 11 (Zoning) to read as set forth in that document titled "Draft Title 11: Zoning, October 11, 2010" as amended in Section 3 of this ordinance. Such document, with the amendments herein, is referred to as "Title 11." A copy of Title 11 is on file with the City Clerk. Title 11 is hereby incorporated by reference and made a part hereof. SECTION 2. The provisions of Title 11, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same matter, shall be construed as restatements and continuations, and not as new enactments. SECTION 3. Title 11 does not change or amend the ordinances, rules and regulations governing specific plans in the City. For purposes of recodifying the provisions of former Chapter 28 related to specific plans, Title 11 is hereby amended as follows: a. Section 11.3.25.010 is hereby added to Title 11 to read as follows: 11.3.25.010 General Provisions. A. Such Specific Plan shall be consistent with and implement the General Plan. A Specific Plan shall provide for the type, location and density of land uses, the development standards and regulations, including but not limited to height, setback, landscaping, and parking requirements, the purpose, type, location and extent of public improvements and facilities, and any other matters considered appropriate or necessary. B. With respect to any property for which a Specific Plan has been adopted, no tentative tract map or tentative parcel map may be approved nor may any permit license or other entitlement for use be granted or issued unless such map, permit, license or other entitlement for use is consistent with such Specific Plan. C. The City Council, after adopting a Specific Plan, may impose a Specific Plan fee upon persons seeking governmental approvals which are required to be consistent with the Specific Plan. The fees shall be established so that in the aggregate, such fees (as estimated) defray, but do not exceed the cost of preparation, adoption, and administration of the Specific Plan, including costs incurred pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code. As nearly as can be estimated, the fee charged shall be a prorated amount in accordance with the applicant's relative benefit derived from the Specific Plan. In addition, the Department of Development Services may require a person who requests adoption or amendment of a Specific Plan to deposit a sum of money in an amount equal to the estimated cost of preparing the plan or amendment by the Department of Development Services." Ordinance Number 1598 b. Section 11.5.15.040C of Title 11 is amended to read as follows: 11.5.15.040 C. Special Factors in Determining Specific Plan Standards. Prior to approving a specific plan or an amendment to a specific plan, particular care must be exercised in the establishment of building height development standards for each Specific Plan under the provisions of Section 11.3.25.010A. Factors to be carefully weighed shall include, but not be limited to, the Planning District in which the Specific Plan is to be located, the former zoning of the Specific Plan site, height of existing buildings immediately surrounding the Specific Plan site and the effect of the building height on the areas surrounding the Specific Plan Site. No building within the SPR Zone shall exceed a height of 39 feet, except for nonhabitable architectural features of any proposed buildings, in that portion of the City known as the Coastal Zone as defined by the California Coastal Act, or north of the San Diego Freeway, except such portions thereof which are zoned LM, Light Manufacturing, on October 14, 1985. The provisions of this section shall not apply to any validly existing Specific Plan approved by the City prior to October 14, 1985." SECTION 4. The adoption of this Ordinance does not affect the following matters: a. Actions and proceedings that began before the effective date of this Ordinance. b. Prosecution for ordinance violations committed before the effective date of this Ordinance. C. Licenses and penalties due and unpaid at the effective date of this Ordinance. d. Collection of licenses and penalties due and unpaid at the effective date of this Ordinance. e. Bonds and cash deposits required to be posted, filed or deposited pursuant to any ordinance, resolution or regulation. Matters of record that refer to or are connected with an ordinance whose substance is included in Chapter 28. Such references shall be construed to apply to the corresponding provisions of Title 11. SECTION 5. Any ordinance, including portions of the previously existing Chapter 28 (Zoning) that has not been recodified in title 11 that is inconsistent with Title 11 is hereby repealed. SECTION 6. Nothing in this Ordinance shall in any manner modify or otherwise affect the following subject matters: a. b. C. d. e. f. 9. h. i. Corporate or jurisdictional limits of the City. Contracts to which the City is a party. City taxes. City franchises. Highways, roads, streets or other public right -of -way. Bonds or indebtedness of the City. A district, public corporation or other entity established by the City Specific public improvements or assessments. Appropriation or investment of City funds. Ordinance Number 1598 SECTION 7. The Council hereby directs the City Clerk to replace Chapter 28 (Zoning) with Title 11 and to make all necessary, non - substantive conforming revisions, including but not limited to clerical corrections to section numbers, table and figure references and cross references. Further, the Council directs the City Clerk to make any necessary clerical change to any adopted Specific Plan to conform any reference to zoning designations in the Specific Plan to any new Zoning designation as described in Title 11 and on the Zoning Map. Such clerical changes will not confer additional rights or obligations on property owners. Map). SECTION 8. The City Council hereby adopts Zone Change 10 -2 (Zoning SECTION 9. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or any part thereof is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portions of this ordinance or any part hereof. The City Council of the City of Seal Beach hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared invalid. SECTION 10. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at a regular meeting held on the 25th day of October , 2010. ATTEST: Cit Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I SEAS POggrFD C' Mayor o 2G'c`CFA 27 10'`ATI I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the foregoing Ordinance was introduced for first reading at a regular meeting held on the 11 th day of October , 2010 and was passed, approved and adopted by the City Council at a regular meeting held on the 25th day of October ,2010 by the following vote: 1 p AYES: Council Members: 01 )1 t Aov"-q /YL NOES: Council Members: , V' 1 rr,,,,/ ABSENT: Council Members: ' I r I `Li / ABSTAIN: Council Members: UL&2 D L And do hereby further certify that Ordinance Number 1598 has been published pur uant to the eal Beach City Charter and Resolution Number 2836. itiV Clerk fl