HomeMy WebLinkAboutPC Res 08-13 - 2008-03-26
RESOLUTION NUMBER 08-13
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A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL
BEACH RECOMMENDING TO THE CITY
COUNCIL AMENDING THE SEAL BEACH
MUNICIPAL CODE BY DELETING CHAPTER
28, ZONING, IN ITS ENTIRETY AND
ADOPTING A NEW TITLE 11, ZONING
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH
DOES HEREBY RESOLVE:
Section 1. The City Council and/or the Planning Commission held a
total of sixteen Study Sessions regarding a new Title 11: Zoning of the Seal
Beach Municipal Code between February 21,2007 and March 5, 2008.
Section 2. At the conclusion of the March 5, 2008 Study Session the
Planning Commission directed staff to prepare the proposed "Final Draft Title 11:
Zoning of the Seal Beach Municipal Code" for public hearings.
Section 3. Pursuant to 14 Calif. Code of Regs. 9 15305, staff has
prepared Initial Study/Negative Declaration 08-1 evaluating the environmental
impacts of the proposed "Final Draft Title 11: Zoning of the Seal Beach Municipal
Code". Initial Study/Negative Declaration 08-1 is currently undergoing the
required public comment period, and all comments received will be considered
and evaluated by the City Council during future public hearings on the proposed
"Final Draft Title 11: Zoning of the Seal Beach Municipal Code."
Section 4. A duly noticed public hearing was held by the Planning
Commission on March 19, 2008 and continued to March 26, 2008 to consider the
proposed "Final Draft Title 11: Zoning of the Seal Beach Municipal Code".
Section 5. At said public hearings there was oral and written testimony
and evidence received by the Planning Commission.
Section 6. Based upon the facts contained in the record, including
those stated in Section 1 through Section 5 of this resolution and pursuant to 99
28-2600 of the City's Code, the Planning Commission makes the following
findings:
\\SBNAS\Users\LWhittenberg\My Documents\Zoning Code Revisions\Seal Beach Revisions\Final Draft Zoning Code\PC
Resolution 08-13.Final Draft Title 11.Zoning.doc\LW\03-26-08
Planning Commission Resolution 08-13
re: Final Draft - Title 11: Zoning
Seal Beach Municipal Code,
March 26, 2008
A. The Proposed Title 11: "Zoning" is a complete revision of the
City's Zoning Code and is intended to reflect the most appropriate and best
available development regulations and standards to meet the desires of the
community regarding future development within the City. Such a comprehensive
revision effort has not been undertaken within the community since 1974. As
such, there are significant changes from both procedural and development
regulation standards incorporated into the proposed Zoning Code that do not
currently exist in the present Zoning Code.
B. The proposed project consists of the adoption of a
Comprehensive Zoning Code Update. The proposed Title 11, Zoning, does not
propose any amendments to the basic lot size, density and building intensity,
setback, lot coverage, height, parking, and sign regulations of the current zoning
Code. Likewise, there are no changes to allowable and discretionary land uses
within the City, other than minor uses such a news stands and kiosks. New
provisions related to a number of design related issues are proposed, such as
floor area ratio, building envelope, and other design and aesthetic matters of
concern. to the City.
C. In addition an "Administrative Use Permif' approval process
is proposed which would allow the Director of Development Services to review
and approve several types of discretionary land use approvals that are currently
reviewed and approved by the Planning Commission.
D. Said proposed Title 11: Zoning does not include any
provisions that are inconsistent with the adopted General Plan of the City.
Section 7. Based upon the foregoing, the Planning Commission hereby
recommends adoption of Title 11: Zoning to the City Council as set forth in "Seal
Beach Municipal Code: Final Draft Title 11: Zoning", dated March 2008 and on
file in the Office of the City Clerk, with the following recommended revisions:
A. Revise Title 11 by adding the Title designator "11" in front of all Chapter,
Section, Table, and Figure Numbers. This is based on a concern that the
current Chapter, Section, Table, and Figure Numbers could be confused
by someone not overly familiar with the Code as being a Chapter, Section,
Table, or Figure Number that would be found in Titles 1-6 of the Seal
Beach Municipal Code.
The revised Chapter, Section, Table, and Figure numbers would be
as indicated in the below samples:
D Chapter 11.1.05:Title, Components and Purposes;
D 911.1.05.005: Zoning Code Adoption;
D Section 11.1.05.005: Zoning Code Adoption;
PC Resolution 08-13.Final Draft Title 11.Zoning 2
Planning Commission Resolution 08-13
re: Final Draft - Title 11: Zoning
Seal Beach Municipal Code,
March 26, 2008
o Table 11.1.05.025: Zoning Districts; and
o Figure 11.1.15.020.A: Shortest Distance.
B. Revise Section 1.15.020.C: Measurements Involving a Structure, to read:
"C. Measurements Involving a Structure.
Measurements involving a structure are made to the closest wall of
the structure. Eaves and cornices are not included in the
measurement. Chimneys, eaves, e@miees, and bay windows up
to 12 feet in length are not included in the measurement. Other
features, such as covered porches and entrances, are included in
the measurement. Structures or portions of structures that are
entirely underground are not included in measuring required
distances. See Figure 1.15.020.C.1: Measurements Involving A
Structure, and Figure 1.15.020.C.2: Architectural Projections into
Setbacks."
C. Revise Table 2.05.015: Development Standards for Residential Districts,
page 10 of Part II: Base District Regulations, to read:
Intentionally Left Blank
Revision to Table 2.05.015 appears on next page
, pc Resolution 08-13.Final Draft Tille 11.Zoning 3
Planning Commission Resolution 08-13
re: Final Draft - Title 11: Zoning
Seal Beach Municipal Code,
March 26, 2008
, "' ~'TABLE'i.05.015 (Continued)"' ~ ",,:, '.
.. - . ~, ". "
~ : '.,'.. '.. .
.. . ,'-,:,... .. .' ,. .'
. . .,', DEVELO.PI\lIENT.STAN'oARDS FOR ~ESIDENTIAL DISTRICTS
. ,..' ~. ~',~ . : . '": .. . .' .
RLO- RLO- RMO- RHO- RHO- RHO- Supplemental
9 15 18 20 33 46 Regulations
:
Landscaping and Open Space
Minimum
Permeable
Surface/Maximu
m Paving in 60/50 60/50 60/50 60/50 60/50 60/50 (Y)
Street -Facing
Yards (%)
Minimum Site 45
Area Devoted to 25 15 15 (88) 15 15 (Z) (88)
Landscaping (%) '"
Planting
Required on Yes Yes Yes Yes Yes Yes (AA)
Downslope Lots
Open Space
Requirements (88)
Minimum
Common Open
Space per unit Yes Yes Yes Yes Yes Yes (88)
(sq. ft.)
Minimum
Private Open
Space per unit Yes Yes Yes Yes Yes Yes (88)
(sq. ft.)
Pedestrian
Walkways -- -- -- -- Yes Yes (CC)"
Intentionally Left Blank
Resolution Continues On Next Page
pc Resolution 08-13.Final Draft Title 11.Zoning 4
Planning Commission Resolution 08-13
re: Final Draft - Title 11: Zoning
Seal Beach Municipal Code,
March 26, 2008
D. Revise Section 2.0S.01S.x: Limitations on Parking and Garage Frontage,
sub-Section 3: Additional Setback for Garage Facing Street to read:
3. Additional Sstbael{ Offset for Garage Facing Street.
If a garage is located on the front half of a lot and faces the street,
the garage walls and doors must be set BaGI{ offset at least S feet
from the face of the main residence. See Figure 2.0S.01S.X.3:
Additional Setsae,'( Offset for Garage Facing Street.
E. Revise Figure 2.0S.01S.X.3: Additional Setback for Garage Facing Street
to read:
"Figure 2.0S.01S.X.3: Additional SetsaeJ( Offset for Garage
Facing Streef'
F. Revise Section 2.0S.01S.Z: Minimum Site Area Devoted to Landscaping
. to read.
"Z. Minimum Site Area Devoted to Landscaping. In all
residential districts except the RLD-9 District and the RHD-20
District no less than 1S percent of any site shall be devoted to
landscaping. With the exception of areas for entry and exit, all
required front and street side setbacks shall be landscaped and
such areas shall be credited to the required landscaping. A
minimum of 2S percent of any lot in the RLD-9 District shall be
devoted to landscaping. Also refer to Section 2.05.015.88: OlJen
SlJace Reauirements for alJlJlicable olJen slJace reauirements
in the RLD-9 and RHD-20 Districts."
G. Revise Section 2.0S.01S.EE: Roof Decks to read:
"EE. Roof Decks. Roof Decks are allowed in the
residential districts pursuant to Table 2.0S.01S: Development
Standards for Residential Districts. In addition, all required roof
deck railings in accordance with the provisions of the California
Building Code shall not exceed the main building envelope and
height limit provisions of Table 2.0S.01S.J: Determination of
Daylight Planes - RLD-9, RMD-18, and RHD-20 Districts, and
Section 2.0S.01S.K: Building Height - RLD-9 and RHD-20 Districts.
The provisions of Section 2.0S.01S.J.4: Exceptions to Main Building
Envelope, are not applicable to roof decks. In the RHD-20 District
roof decks are not allowed above a height of 21.S feet for lots mem
tAaR 37.S feet wide or wider."
PC Resolution 08-13.Final Draft Title 11.Zoning 5
Planning Commission Resolution 08-13
re: Final Draft - Title 11: Zoning
Seal Beach Municipal Code,
March 26, 2008
H. Revise Section 4.20.020: Shared Parking, sub-Section A.1: Permit
Requirement, to read:
"1. Permit Requirement. .A.R J'.€imiRistriativEl A Conditional
Use Permit may be approved for shared parking facilities serving
more than 1 use on a site or serving more than 1 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 5.20:
Development Permits, Section 5.20.020: Required Findings:"
I. Revise Section 6.05.010: Definitions of Specialized Terms and Phrases:
"Bedroom" to read:
""Bedroom": any room located within a dwelling unit that is
used primarily for sleeping purposes by its residents and that
contains at least 70 square feet of floor area and contains a
closet. Rooms designated as a "den," "library," "study," "loft" or
other extra room that satisfies this definition and is not a kitchen,
living room, or bath will be considered a bedroom."
Section 8. The Planning Commission also requests that the City
Council consider conducting an "economic impact analysis' of the proposed Title
11 to determine if there would be any clearly identifiable and substantially
adverse fiscal impacts to the community as a direct result of the adoption of Title
11: Zoning, as recommended.
PASSED, APPROVED AND ADOPTED by the Planning Commission of
the City of Seal Beach at a meeting thereof held on the 26th day of March, 2008,
by the following vote:
AYES: Commissioners
Bello, Deaton, DeLay, and Massa-lavitt
NOES: Commissioners
ABSENT: Commissioners Roberts
ABSTAIN: Commissioners
PC Resolution 08-13.Final Draft Title 11.Zoning 6
Planning Commission Resolution 08-13
re: Final Draft - Title 11: Zoning
Seal Beach Municipal Code,
March 26, 2008
~<:~ L/( ~J:l.AJ./ -D~
lIery Deato
Chairperson of the Planning Commission
r
~~
e Whittenberg - .7
Secretary of the Planning Co~sion
pc Resolution 08-13.Final Draft Title 11.Zoning 7