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HomeMy WebLinkAboutPC Res 00-01 - 2000-02-23 .' /~ RESOLUTION NUMBER 00-1 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH RECOMMENDING TO THE CITY COUNCIL DENIAL OF ZONING TEXT AMENDMENT 00-1 THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. On January 5, 2000, the Planning Commission considered Zone Text Amendment 00-1, received public testimony, and continued the public hearing to February 9, 2000. At its meeting of February 9, 2000, the Planning Commission considered Zone Text Amendment 00-1. This amendment wou.ld: lJ Establish a definition within the Zoning Ordinance of a "bed and breakfast facility" . lJ Establish a "Residential Conservation Overlay Zone", permitting only bed and breakfast facilities within this overlay rone. lJ Establish standards for the conversion of "Iocall y-signiflcant historic structures" from a residential use to a bed and breakfast facility. lJ Establish procedural standards for the specific application of the "Residential Conservation Overlay Zone" to specific properties within the City. Currently the City does not permit bed and breakfast facilities. This Zone Text Amendment would permit the conversion of existing residential structures constructed prior to 1930 to a bed and breakfast facility subject to certain conditions and terms. Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15305 and ~ II.B of the City's Local CEQA Guidelines, staff has determined as follows: The application for Zoning Text Amendment 00-1 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs. ~ 15305 (Minor Alterations in Land Use Limitations), because it consists of minor alterations in land use limitations in average slope of less than 20% and does not result in any changes in land use or density; and, pursuant to ~ 15061 (b )(3), because it can be seen with certainty that there is no possibility that the approval may have a significant effect on the environment. Section 3. A duly noticed public hearing was held by the Planning Commission on January 5, 2000, and continued to February 9, 2000 to consider Zone Text Amendment 00-1. Section 4. The record of the hearings of January 5 and February 9, 2000 indicates the following: (a) The proposed text amendment would allow for properties within specified areas to be developed with relocated structures constructed prior to 1930 for conversion to bed and breakfast facilities. (b) Currently the City has no provIsIons within the City's zoning ordinance to encourage the rehabilitation and restoration of locally-significant historic structures. (c) At said public hearing there was oral and written testimony and evidence received by the Planning Commission in favor of and in opposition to the proposed Zone Text Amendment. C:\My Documents\RESO\ZT A 00.1. PC Denial Reso.doc\L W\02-14-00 . II: /, Planning Co,,!mission Resolution No. 00-1 . . Zone Text Amendment 00-1 Residential Conservation Overlay Zone February 23, 2000 Section 5. Based upon the facts contained in the record, including those stated in ~4 of this resolution and pursuant to ~~ 28-2600 of the City's Code, the Planning Commission makes the following findings: (a) Zoning Text Amendment 00-1 is not consistent with the provisions of the various elements of the City's General Plan. The proposed amendment is inconsistent with the existing provisions of the General Plan. (b) The proposed text amendment would be detrimental to the orderly and planned development in the City. . (c) The Planning Commission supports the City Council action of requesting City staff to evaluate and recommend alternative programs to effectively encourage the rehabilitation and restoration of locally-significant historic structures. Section 6. Based upon the foregoing, the Planning Commission hereby recommends denial of Zoning Text Amendment 00-1 to the City Council as set forth on Exhibit A, attached to this resolution and incorporated herein. - -..... - ~ PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 23rd day of February , 2000, by the following vote. AYES: Commissioners Brown,.Cutuli, Hood, Larson, and Lyon NOES: Commissioners None ABSENT: Commissioners None .~. David Hood, Ph.D. Chairman of the Planni ZTA OO-l.PC Denial Reso 2 1 Planning Commission Resolution No. 00-1 Zone TextAmendment 00-1 Residential Conservation Overlay Zone February 23, 2000 "EXHIBIT A" 1. Article 2, Definitions, Section 28-209.5.. is added to read as follows: Section 28-209.5. Bed and Breakfast Facility. "Bed and Breakfast Facility" means the conversion of any residential dwelling or group of dwellings on the same parcel constructed prior to 1930, providing no more than 6 short-term guestrooms or suites for any separate bed and breakfast structure and the service of breakfast meals and incidental food and beverage included in the daily room rate, and a minimum of one common room available for guest interaction." 2. Article 8.5. Residential Conservation Overlav Zone (RC-O Zone), is added to read as follows: "Article 8.5. Residential Conservation Overlay Zone (RC -0 Zone) Section 28-850. Purpose and Intent. The Lity Council has determined that the spirit, character and history of the City are reflected in the historic structures located within the City, and that in the face of ever increasing pressures of modernization, locally-significant historic structures are threatened with alteration, removal or demolition. Locally- significant historic structures are those residential structures constructed prior to 1930. This Article is enacted on the basis of public policy that supports the City of Seal Beach as a tourist destination, the preservation of locally-significant residential structures within the City, and the need to provide incentives for owners to continue to occupy and maintain locally-significant historic structures as "bed and breakfast" facilities within appropriate areas of the City. These locally-significant historic structures represent the City's unique historical, social and cultural foundations, and should be preserved as living parts of community life and development in order to build a greater understanding of the City's past and give future generations the opportunity to appreciate, understand and enjoy the City's remaining historic heritage. This Article is intended to promote the public health, safety, and general welfare by: A. Integrating the preservation of locally-significant historic structures into the public and private land use management and development process at appropriate locations within the City. B. Encouraging preservation and complimentary new development within the existing "Old Town" area of the City. C. Preserving diverse architectural styles reflecting the City's history and encouraging a more livable urban environment. D. Stabilizing neighborhoods through the preservation of locally- significant historic structures, thus enhancing the City's attraction to tourists and visitors and thereby stimulating business. E. Encouraging the rehabilitation and continued use of existing structures rather than their demolition, as bed and breakfast facilities at appropriate locations within the City. F. Preserving, protecting and enhancing streetscapes and locally- significant historic structures. Section 28-851. Permitted Uses. ZTA DO-I.PC Denial Reso 3 1 Planning Commission Resolution No. 00-1 Zone Text Amendment 00-1 Residential Conservation Overlay Zone February 23. 2000 (I) (2) Any use permitted or conditionally permitted in the underlying base zone. The following use subject to issuance ofa Conditional Use Permit: a) Bed and Breakfast facility. Section 28-852. General Provisions. (I) The uses specified in Section 28-851.(2) are permitted in the Residential Conservation Overlay Zone (RC-O Zone) subject to the standards enumerated in subsection (3) of this section. (2) The uses specified in Section 28-851.(1) are permitted in the Residential Conservation Overlay Zone (RC-O Zone) subject to the standards enumerated in the underlying base zoning provisions. (3) Uses listed in subsection (1) of this section shall comply with the following standards: a) The subject property shall be located within 500 feet of the centerline of Pacific Coast Highway. b) The subject property shall be located within 300 feet of an existing hotel/motel facility. . c) The subject property shall have a minimum 50-foot wide front yard width adjacent to a public street right-of-way. d) The subject property shall not be adjacent to art existing single-family residence on property on the same side of the street within any residentially zoned area of the City. e) The recorded owner of the property shall be the operator of the bed and breakfast faCility and reside on the premises. No resident managers shall be allowed to operate a bed and breakfast facility. f) The maximum stay for any occupants of a bed and breakfast facility shall be 10 consecutive days within a 30 day period. g) The maximum number of guestrooms shall not exceed 6 for any separate bed and breakfast structure. h) Guests shall ~heck in and out only between the hours of 9:00 a.m. and 8:00 p.m. i) There shall be only one kitchen within each separate structure. The kitchen shall not be remodeled into a commercial kitchen. No cooking facilities shall be permitted in the guestrooms. j) Breakfast shall be served to registered overnight lodgers only. No other meals shall be served. Incidental food and beverage service to registered overnight lodgers is permitted. k) Subject to 'obtaining a conditional use permit, bed and breakfast facilities may be permitted to sell beer and wine to registered overnight guests for on-premise consumption only. I) Bed and Breakfast facilities shall not have a separate apartment on the subject property. m) There shall only be interior stairways to serve all habitable living spaces within the entire dwelling, including any basement or attic areas, except as may be approved through the Conditional Use Permit process to preserve the architectural integrity of an existing structure. n) Each bed and breakfast facility operator shall keep accurate financial records and a current guest register including names, addresses and dates of occupancy of all guests. Upon reasonable notice, such information shall be available for examination by city officials and auditors. 0) Any exterior alteration made to a bed and breakfast facility for the rehabilitation, restoration or relocation of such structure shall be made according to the 1997 Code for Building Conservation. p) No bed and breakfast facility shall be located in an attached dwelling unless said interior is modified to eliminate any attached dwelling units, exclusive of the resident operator living unit. q) Bedroom rental units shall not occupy more than sixty percent (60%) .ofthe living space of the subject structure. ZTAOQ-l.PC Denial Reso 4 'J Planning Commission Resolution No. 00-1 Zone Text Amendment 00-1 Residential Conservation Overlay Zone February 23, 2000 r) A minimum of one off-street parking space shall be provided for each guestroom, and a minimum of one off-street parking space shall be provided for the resident owner. s) Required off-street parking may be provided within a garage, carport, driveway or open parking area. (1) Where feasible, parking areas shall be provided at the rear or side of the property, but in no case shall parking be provided within the established front yard. ' (2) When unenclosed parking spaces are located next to a residence, the unenclosed parking spaces shall be screened and maintained with dense planting or other appropriate screening to buffer the parking area from abutting properties. (3) No more than 25% of said required parking may be located upon a separate parcel as specified in Section 28-2209.2.b. Said parking . to be provided on a separate parcel shall require Conditional Use Permit approval, including a parking management plan, prior to any utilization of said parking areas. Upon reasonable notice, such off-site parking availability may be confirmed by visual inspection by city officials. . (4) The required parking requirements for a bed and breakfast facility may be met by the provision of additional on-street parking spaces as a result of the closure of existing curb cu.ts, on a space for space basis. t) Signage shall be Iimited to a single sign affixed to the structure not exceeding 6 square feet in area identifying the name of the establishment. No internally illuminated or luminous tube signs shall be permitted. External lighting is permitted and shall be turned off no later than 10:30 p.m. u) Incidental sales of goods and services shall be permitted, but shall be limited to registered guests only. v) No receptions, private parties or similar activities, for which a fee is paid, shall be permitted. w) All requirements of the Orange County Fire Authority and Orange County Health Department shall be met, except as may be modified in accordance with the provisions of subsection k), above. x) Bed and breakfast facilities shall .be subject to the same use and occupancy taxes levied for motels and hotels under Chapter 1 I of the Code of the Citv of Seal Beach. ' Section 28-853. Development Standards. The RC-O Zone includes additional reguhitions and uses over and above the base zoning of a particular property to encourage preservation of existing locally- significant residential structures. To permit orderly development and preservation of these locally-significant residential structures, the following standards shall apply: (1) Relocated structures: provisions of base zoning. a) Relocated structures shall comply with current open space, bulk, and yard standards of the base zone. b) Exception: Relocated structures may be permitted without a variance approval for side yard setbacks as long as a minimum 3-foot side yard setback is maintained and the required deviation is not more than 25% from the base zoning provision. Relocated structures exceeding the height requirements shall be permitted without modification to the structure in order to preserve the historical significance and architectural integrity of the structure. Section 28-854. Roof-Mounted Mechanical Equipment. Roof-mounted mechanical equipment shall be architecturally screened. ZTAOO.1.PC Denial Reso 5 -j Planning Commission Resolution No. 00-1 Zone Text Amendment 00-1 Residential Conservation Overlay Zone February 23, 2000 Section 28-855. Adootion ofRC-OOverlav Zone. The adoption of the RC-O Overlay Zone in accordance with the provisions of Article 26 of this Chapter to a specific property shall be required before any property in the RC-O Zone may be developed or used for the purpose set forth in Section 28-851 (2). Section 28-856. Approval of Site Develooment Plan. The approval of a site development plan for any use permitted in Section 28-851(2) shall require a Conditional Use Permit as set forth in Section 28-2503." * * * . ZTAOO.1.PC Denial Reset 6