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Home My WebLink AboutCC AG PKT 2008-04-21 #H . . . April 21, 2008 STAFF REPORT To: Honorable Mayor and City Council Attention: David Carmany, City Manager Lee Whittenberg, Director of Development Services From: Subject: ADOPTION OF NEGATIVE DECLARATION 08-1 - ADOPTION OF NEW ZONING CODE TITLE 11 - SEAL BEACH MUNICIPAL CODE SUMMARY OF REQUEST Adopt Resolution Number 5712, A Resolution of the Seal Beach City Council Adopting Negative Declaration 08-1 in Connection with the Adoption of Seal Beach Municipal Code Title 11 (Zoning Code), and Instructing Staff to File Appropriate Documentation with the County of Orange. DISCUSSION NEGATIVE OECLARA TION 08-1 - Adoption of New Zoning Code Title 11 - Seal Beach Municipal Code: CJ Proiect Location and Environmental Settina: The proposed Comprehensive Zoning Code Update is for the City of Seal Beach in Orange County. Seal Beach is situated on the coast in northwest Orange County between the City of Long Beach and the City of Huntington Beach and includes the Seal Beach Naval Weapons Station (See Figure 1 of Negative Declaration 08-1). Approximately one mile of coastline lies along the City's southwest boundary. . CJ Proiect Backaround and Description: The proposed Comprehensive Zoning Code Update 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 ~ommunity regarding future development within the City. Such a comprehensive Agenda Item 11' \\SBNAS\Users\LWhlttenberg\My Documents\EIRS\ND oa-1.Zonlng Code.CC Staff Report.doc\LW\04-11-DS Adoption of Negative Declaration 08-1: Adoption of New Tttle 11: Zoning Seal Beach Municipal Code City Council Staff Report April 21, 2008 revision effort has not been undertaken within the community since 1974. As such, there are many changes from both procedural and development regulation standards incorporated into the proposed Zoning Code that do not currently exist in the present Zoning Code. . r 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. In addition an "Administrative Use Permit" 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. Please refer to Appendix A to review an overview summary of the major provisions of Proposed Title 11, Zoning. As stated. the proposed project consists of the adoption of a Comprehensive . Zoning Code Update. However, the proposed project does not authorize any physical alterations and/or development of any properties at this time. Potential future development projects would be subject to further review, including possible discretionary actions, and environmental analysis once detailed project development plans are filed with the City for consideration. The project does not propose any physical modifications to properties (i.e. grading, construction, etc.). Summary of Neaative Declaration Preparation and Public Review Process: The subject Negative Declaration was prepared by a city staff and has completed the required 30-day time period for receipt of comments. Comments were received by the City from March 10 to April 11, 2008, in acc~rdance with the provisions of the California Environmental Quality Act. A copy of the su'bject document is provided as Attachment 2 for the information of the City Council. The Initial Study, proposed Negative Declaration, and required public notices are on file at the Department of Development Services. The City received comments from the following agencies or individuals, as listed below: [J Southern California Association of Governments, March 20, 2008; and [J City of Seal Beach Environmental Quality Control Board, Minutes of March 26, 2008. ND 08-1.Zoning Code.CC Staff Report 2 . . . . Adoption of Negative Declaration 08-1: Adoption of New Title 11: Zoning Seal Beach Municipal Code City Council Staff Report April 21, 2008 CECA Section 21091(d)(1) requires that the City, as lead agency, must consider any comments on the proposed Mitigated Negative Declaration that are received during the public review and comment period. Pursuant to CECA, the lead Agency is only obligated to respond to comments on an Environmental Impact Report, not for a proposed Negative Declaration. However, the City does prepare written responses voluntarily in order to acknowledge public input and fully address any issues raised. The "Responses to Comments" document is provided as Attachment 5 to this Staff Report. Staff Recommendations reaardina Neaative Declaration 08-1 Adoption of New Zonina Code Title 11 - Seal Beach Municipal Code: The Initial Study/Negative Declaration does not identify impacts that are either "Potentially Significant" or "Less Than Significant With Mitigation Incorporated", and therefore there are no "Mitigation Measures" identified. Staff recommends the City Council adopt a resolution that will memorialize the following determinations of the Council (Please refer to Attachment 1 to review the proposed resolution): [J The City Council hereby affirms that it independently reviewed and analyzed proposed Negative Declaration prior to acting on the project and finds as follows: [J Negative Declaration 08-1 - Adoption of New Zoning Code Title 11 - Seal Beach Municipal Code, was prepared by city staff and therefore reflects the independent judgment of the City; [J 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; [J 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. The project consists of the adoption of New Zoning Code Title 11 - Seal Beach Municipal Code and as set forth on pages 13 through 15 of the Negative Declaration, it has been determined that: [J the project would have a "No Impacr on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or the U.S. Fish and Wildlife Service; [J the project would have "No Impacr on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or ND Q8.1.Zoning Code.CC Staff Report 3 Adoption of Negative Declaration 08-1: . Adoption of New Title 11: Zoning Seal Beach Municipal Code City Council Staff Report April 21, 2008 regulations, or by the California Department of Fish and Game or the U.S. Fish and Wildlife Service; [J the project would have "No Impact' on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means; [J the project would have "No Impact' on the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impeded use of native wildlife nursery sites; [J the project would have "No Impact' and'does not conflict with any local policies or ordinances protecting biological resources; and [J the project would have IINo Impacf and does not conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan. The City Council directs the Director of Development Services to file the appropriate De Minimis Impact Finding for the California Department of Fish and Game Certificate of Fee Exemption. . [J The City Council approves the I'Notice of Determination" and "California Department of Fish and Game Certificate of Fee Exemption" and instructs the Director of Development Services to execute and file these documents in accordance with the provisions of CECA. Copies of these documents are provided as Attachments 3 and 4, respectively. FISCAL IMPACT None. This project 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. ND 08-1.zoning Code.CC Staff Report 4 . . Adoption of Negative Declaration 08-1: Adoption of New Title 11: Zoning Seal Beach Municipal Code City Council Staff Report April 21, 2008 RECOMMENDATION Adopt Resolution Number 5712, A Resolution of the Seal Beach City Council Adopting Negative Declaration 08-1 in Connection with the Adoption of Seal Beach Municipal Code Title 11 (Zoning Code), and Instructing Staff to File Appropriate Documentation with the County of Orange. NOTED AND APPROVED .. ee Whittenberg, Director Development Services Depa t;7A- David carman;1 City Manager . Attachments: (5) Attachment 1: Resolution Number 5712, A Resolution of the Seal Beach City Council Adopting Negative Declaration 08- 1 in Connection with the Adoption of Seal Beach Municipal Code Title 11 (Zoning Code), and Instructing Staff to File Appropriate Documentation with the County of Orange Attachment 2: Initial Study and Negative Declaration 08-1, Adoption of New Zoning Code Title 11 - Seal Beach Municipal Code, prepared by the City of Seal Beach, March 10, 2008 Attachment 3: Notice of' Determination, Negative Declaration 08-1, Adoption of New Zoning Code Title 11 - Seal Beach Municipal Code . Attachment 4: California Department of Fish and Game Certificate of Fee Exemption - Negative Declaration 08-1, Adoption of New Zoning Code Title 11 - Seal Beach Municipal Code . ND 08-1.Zoning Code.CC Staff Report 5 Attachment 5: ND 08-1.Zoning Code.CC Staff Report Adoption of Negative Declaration 08-1: . Adoption of New Title 11: Zoning Seal Beach Municipal Code City Council Staff Report Apri/21,2008 Responses to Comments for Initial Study! Negative Declaration 08-1, Adoption of New Zoning Code Title 11 - Seal Beach Municipal Code, dated April 11, 2008 . 6 . . . . Adoption of Negative Declaration 08-1: Adoption of New Title 11: Zoning Seal Beach Municipal Code City Council Staff Report April 21, 2008 ATTACHMENT 1 RESOLUTION NUMBER 5712, A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ADOPTING NEGATIVE DECLARATION OS-1IN CONNECTION WITH THE ADOPTION OF SEAL BEACH MUNICIPAL CODE TITLE 11 (ZONING CODE), AND INSTRUCTING STAFF TO FILE APPROPRIATE DOCUMENTATION WITH THE COUNTY OF ORANGE ND 08-1.Zoning Code.CC Staff Report 7 . RESOLUTION NUMBER m.g A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ADOPTING NEGATIVE DECLARATION 08-1 IN CONNECTION WITH THE ADOPTION OF SEAL BEACH MUNICIPAL CODE TITLE 11 (ZONING CODE), AND INSTRUCTING STAFF TO FILE APPROPRIATE DOCUMENTATION WITH THE COUNTY OF ORANGE 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 Project 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 newsstands 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. 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. . Section 2. The Project has been environmentally reviewed pursuant to the provisions of the Califomia 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 March 10 through April 11, 2008. The City received comments on the proposed Initial Study/Negative Declaration from: CJ Southern California Association of Governments, March 20, 2008; and CJ City of Seal Beach Environmental Quality Control Board, Minutes of March 26, 2008. 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 March 19 and March 26, 2008, 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 March 26, 2008. 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 Resolution Number 5712 . Project. Based on the Initial Study, the Negative Declaration, the comments received thereon, the responses to the comments, the Staff Report dated April 21, 2008, additional public comments, and the whole record before the City Council, the City Council hereby finds that the Negative Declaration 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 08-1, Adoption of New Zoning Code Title 11 - Seal Beach Municipal Code, 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 08-1, 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 County of Orange. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Seal Beach on the 21 st day of Aoril . 2008 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Mayor ATTEST: . City Clerk Resolution Number 5712 . STATE OF CALIFORNIA} COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Linda Devine, City Clerk of Seal Beach, California, do hereby certify that the foregoing resolution is the original copy of Resolution Number 5712 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 21 st day of Aoril , 2008. City Clerk . . . . . Adoption of Negative Declaration 08-1: Adoption of New Title 11: Zoning Seal Beach Municipal Code City Council Staff Report April 21, 2008 ATTACHMENT 2 INITIAL STUDY AND NEGATIVE DECLARATION 08-1, ADOPTION OF NEW ZONING CODE TITLE 11 SEAL BEACH MUNICIPAL CODE, PREPARED BY THE CITY OF SEAL BEACH, MARCH 10,2008 ND 08-1.Zoning Code.CC Staff Report 12 . . . INITIAL STUDY/NEGATIVE DECLARATION 08-1 ADOPTION OF NEW ZONING CODE TITLE 11 - SEAL BEACH MUNICIPAL CODE CITY OF SEAL BEACH LEAD AGENCY: City of Seal Beach 211 8th Street Seal Beach, California 90740 Contact: Mr. Lee Whittenberg (562) 431-2527, ext 1313 Iwhittenberg~ci.seal-beach.ca. us March 10, 2008 Z:\My E>ocuments\EIRS\ND 08-1.Comprehensive Zoning Code Update.doc\LW\03-10.0a . Adoption of New Zoning Code Title 11- Seal Beach Municipal Code Initial Study and Negative Declaration TABLE OF CONTENTS Pace SECTION 1.0 INTRODUCTION 1 SECTION 2.0 PROJECT LOCATION 1 SECTION 3.0 PROJECT BACKGROUND AND DESCRIPTION 1 SECTION 4.0 EXPLANATION OF ENVIRONMENTAL CHECKLIST RESPONSES 7 . SECTION 5.0 ENVIRONMENTAL CHECKLIST FORM 37 APPENDIX A: OVERVIEW SUMMARY - MAJOR PROVISIONS OF PROPOSED TITLE 11, ZONING 53 LIST OF FIGURES Ficure Pace 1 Project Vicinity Map 5 6 2 Project Area Map . ND 0~1.Comprehenslve Zoning Code Update 2 . . . Adoption of New Zoning Code Title 11- Seal Beach Municipal Code Initial Study and Negative Declaration SECTION 1.0 - INTRODUCTION This Initial Study/Negative Declaration has been prepared to address the potential environmental impacts of the proposed Comprehensive Zoning Code Update for the City of Seal Beach. This Initial Study has been prepared in accordance with the requirements of the City of Seal Beach's procedures for implementation of the California Environmental Quality Act (CEQA). This Initial Study describes the proposed project and environmental setting, and evaluates whether the proposed project could have a significant effect on the environment. The results of the analysis are documented on the Environmental Checklist for CEQA Compliance and in the accompanying text that explains the checklist responses. SECTION 2.0 - PROJECT LOCATION The proposed Comprehensive Zoning Code Update is for the City of Seal Beach in Orange County. Seal Beach is situated on the coast in northwest Orange County between the City of Long Beach and the City of Huntington Beach and includes the Seal Beach Naval Weapons Station (See Figure 1). Approximately one mile of coastline lies along the City's southwest boundary. SECTION 3.0 - PROJECT BACKGROUND AND DESCRIPTION The proposed Comprehensive Zoning Code Update 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 many changes from both procedural and development regulation standards incorporated into the proposed Zoning Code that do not currently exist in the present Zoning Code. 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 kio'sks. 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. In addition an "Administrative Use Permit" approval process is ND 0S::1.Comprehensive Zoning Code Update 3 Adoption of New Zoning Code . Title 11- Seal Beach Municipal Code Initial Study and Negative Declaration 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. Please refer to Appendix A to review an overview summary of the major provisions of Proposed Title 11, Zoning. As stated. the proposed project consists of the adoption of a Comprehensive Zoning Code Update. However, the proposed project does not authorize any physical alterations and/or development of any properties at this time. Potential future development projects would be subject to further review, including possible discretionary actions, and environmental analysis once detailed project development plans are filed with the City for consideration. The project does not propose any physical modifications to properties (i.e. grading, construction, etc.). . . ND Oa:.1.Comprehensive Zoning Code Update 4 . . . Adoption of New Zoning Code Title 11- Seal Beach Municipal Code Initial Study and Negative Declaration Figure 1 - Project Vicinity Map CD CI c: ftI o . ., I ----, SAN BERNARDINO , COUNTY , " ~- "'V' LOS ANGELES r~-- >. - COUNTY J ~ , -<) ""0 /1::- 'e Q o O~ ..., 1,. I' I 1--- MAP NOT TO SCALE ND 08-1.Comprehenslve Zoning Code Upd.ate 5 Adoption of New Zoning Code . Title 11- Seal Beach Municipal Code Initial Study and Negative Declaration Figure 2 - Project Area Map . . ND Oa:.1.Comprehensive Zoning Code Update 6 . . . Adoption of New Zoning Code Title 11- Seal Beach Municipal Code Initial Study and Negative Declaration SECTION 4.0 EXPLANATION OF ENVIRONMENTAL CHECKLIST RESPONSES The following analysis is based on the items checked on the completed Environmental Checklist attached as Section 5.0. Discussion is included in several categories to identify design standards, ordinances and construction practices that will be implemented to ensure the project's compliance with all relevant environmental issues. Each checklist question is noted as be in one of four impact categories, consistent with the Environmental Checklist attached as Section 5.0. These impact categories are: > Potentially Significant Impact > Less than Significant Impact with Mitigation Incorporated > Less than Significant Impact > No Impact I. AESTHETICS a) Would the project have a substantial adverse effect on a scenic vista? (No Impact) 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. In addition an "Administrative Use Permit" 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. The proposed project does not authorize any physical alterations and/or development of any properties at this time. Potential future development projects would be subject to further review, including possible discretionary actions, and environmental analysis once detailed project development plans are filed with the City for consideration. The project does not propose any physical modifications ND 08-=1.Comprehensive Zoning Code Update 7 Adoption of New Zoning Code . Title 11- Seal Beach Municipal Code Initial Study and Negative Declaration to properties (i.e. grading, construction, etc.). Therefore, the proposed project will not have a substantial adverse effect on a scenic vista. The proposed Zoning Code includes additional design requirements and considerations to improve the physical design of new developments within the City, and therefore, the project will not result in any significant impacts for this topical area. It is anticipated that the proposed Zoning Code will result in beneficial impacts for this area of concern. b) Would the project substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic h~hway? (Nolmpacij See response to Section I (a) above. The project will not have a significant impact to any scenic resources such as trees, rock outcroppings, or historic buildings within a state scenic highway. The project consists of an update to the City's Zoning Code and does not propose any physical modifications to any properties. Therefore, the project will not result in any significant impacts for this . area of concern. c) Would the project substantially degrade the existing visual character or quality of the site and its surroundings? (No Impact) See response to Section I (a) above. The project will not substantially degrade the existing visual c~aracter or quality of a site and its surroundings. The project consists of an update to the City's Zoning Code and does not propose any physical modifications to any properties. The proposed Zoning Code includes additional design requirements and considerations to improve the physical design of new developments within the City, and therefore, the project will not result in any significant impacts for this topical area. It is anticipated that the proposed Zoning Code will result in beneficial impacts for this area of concern. d) 'Would the project create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? (No Impact) The proposed project consists of the adoption of a Comprehensive Zoning Code Update. However, the proposed project does not authorize any physical alterations and/or development of any properties at this time. Potential future development projects would be subject to further review, including possible ~iscretionary actions, and environmental analysis once detailed project development plans are filed with the City for consideration. The project does not . propose any physical modifications to properties (i.e. grading, construction, etc.). ND 08-1.Comprehensive Zoning Code Update 8 . . . Adoption of New Zoning Code Title 11- Seal Beach Municipal Code Initial Study and Negative Declaration Therefore, the proposed project will not have a substantial adverse effect on this area of concern. The proposed Zoning Code includes additional requirements and considerations regarding lighting of new developments within the City, and therefore, the project will not result in any significant impacts for this topical area. It is anticipated that the proposed Zoning Code will result in beneficial impacts for this area of concern. II. AGRICULTURE RESOURCES a) Would the project convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? (No Impact) b) The proposal does not involve conversion of any farmland. The update to the City's Zoning Code does not propose any rezoning of property within the City. Therefore, the proposed project will not have any impacts on agriculture resources. No impacts would result from the proposed project. Would the project conflict with' existing zoning for agricultural use, or a Williamson Act contract? (No Impact) There are no Williamson Act contracts within the City. The update to the City's Zoning Code does not propose any rezoning of property within the City. Therefore, the proposed project will not have any impacts on Williamson Act contracts within the City. No impacts would result from the proposed project. c) Would the project involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland, to non- agricultural use? (No Impact) , The proposed project consists of the adoption of a Comprehensive Zoning Code Update. The only agricultural use properties within the City are located on the Seal Beach Naval Weapons Station, a federal facility that is not subject to the Zoning Code of the City. No impacts would result in the proposed project. III. AIR QUALITY a) ponflict with or obstruct implementation of the applicable air quality plan? (No Impact) ND Oa..1.Comprehensive Zoning Code Update 9 Adoption of New Zoning Code . Title 11- Seal Beach Municipal Code Initial Study and Negative Declaration 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. In addition an "Administrative Use Permit" 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. The project site is located in the South Coast Air Basin (SCAB). The South Coast Air Quality Management District (SCAQMD) sets and enforces regulations for stationary sources in the basin. The SCAQMD in coordination with the Southern California Association of Governments (SCAG) has developed the Air Quality Management Plan (AQMP) for the air basin. The 2003 AQMP was adopted locally on August 1, 2003, by the governing board of the SCAQMD. The . California Air Resources Board (CARB) adopted the plan as part of the California State Implementation Plan on October 23, 2003. The 2003 AQMP was adopted by the Environmental Protection Agency (EPA) on April 9, 2004. The AQMP includes a comprehensive analysis of future emission forecasts which reflect demographic and economic growth forecasts provided by the SCAG. The build- out of the City of Seal Beach is included in these forecasts. Therefore, the 2003 AQMP as well as the City's General Plan provide an analysis of potential impacts, including the cumulative impacts of basin-wide growth and development. In 2006 the California Legislature enacted Assembly Bill 32, which requires that the California Air Resources Board (ARB) develop regulations on how the state will address climate change impacts. The ARB has not developed the appropriate regulations as of yet. The following are just a few examples of activities by a property owner that can help reduce greenhouse gas emissions linked to Global Warming: [J Use ENERGY STAR labeled products for lighting, home electronics, heating and cooling equipment and appliances [J Heat and cool smartly. Clean air filters regularly and when its time to replace old equipment choose high efficiency models and make sure it's properly sized and installed. [J Use and install adequate insulation (Le. windows, doors etc.) . ND Oa..1.Comprehensive Zoning Code Update 10 . . . Adoption of New Zoning Code Title 11- Seal Beach Municipal Code Initial Study and Negative Declaration CJ Use green power. Green power is environmentally friendly electricity that is ,generated from renewable energy sources such as wind and the sun (i.e. solar). CJ Reduce, Reuse, and Recycle. Recycle your paper, plastic, glass, aluminum and other goods. Use products in containers that can be recycled, repaired or reused. Buy products made from recycled materials. CJ Water Conservation. Governor Arnold Schwarzenegger's Executive Order S-3-05 and AB 32, the Global Warming Solutions Act of 2006, are examples of what's being done to address Climate Change. The following is a brief summary of the main components of the Governor's Executive Order S-3-05, which established greenhouse gas targets for California: CJ By 2010, Reduce to 2000 Emission Levels; CJ By 2020, Reduce to 1990 Emission Levels; and CJ By 2050, Reduce to 80% below 1990 Levels. CJ Oversight by Secretary of CalEPA with other state departments, Climate Action Team. CJ Biennial report on progress toward targets, impacts of global warming on California, and mitigation and adoption of plans to combat impacts. CJ AB 32, the Global Warming Solutions Act of 2006, requires the following: CJ That stationary source greenhouse gas emissions be reduced to 1990 levels by 2020; Cl A statewide cap on such emissions to be phased in starting in 2012; Cl CARB to develop regulations and reporting system to track and monitor emission levels; Cl Requires equitable distribution of benefits and costs; CJ Consider potential for direct, indirect, or cumulative increases in air pollution in local communities already affected by air pollution; CJ Protects entities that have reduced emissions prior to regulatory mandate; and CJ Coordination with other states and countries to reduce emissions. The project (Zoning Code update) would not result in any conflict with or obstruct i.~plementation of an applicable air quality plan. The project does not propose specific project building plans for properties within the City and therefore, the project does not propose any use that would generate stationary emissions (Le. ND Oa-1.Comprehensive Zoning Code Update 11 Adoption of New Zoning Code . Title 11- Seal Beach Municipal Code Initial Study and Negative Declaration factory emissions etc.) or generate increased traffic. When speCific development plans are brought forward at a future date (unknown at this time), the projeds would be subject to environmental analysis to determine potential physical environmental impacts. The proposed project would not involve growth inducing impacts or cause an exceedance of established population or growth projections of the General Plan. Therefore, the project is consistent with the regional plans. No mitigation measures are necessary. b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? (No Impact) See response to Section III (a) above. The proposed project consists of the adoption of a Comprehensive Zoning Code Update. However, the proposed project does not authorize any physical alterations and/or development of any properties at this time. Potential future development projects would be subjed to . further review, including possible discretionary actions, and environmental analysis once detailed project development plans are filed with the City for consideration. The project does not propose any physical modifications to properties (i.e. grading, construction, etc.). Therefore, the proposed project will not have a substantial adverse effect on any air quality standard or contribute substantially to an existing or projected air quality violation. c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? (No Impact) See response to Section III (a) above. The project is located in the South Coast Air Basin that is a designated non-attainment area. However, the project does not propose any significant development associated with this proposal for air quality cumulative impacts of basin-wide growth and development. Therefore, the project will not result in any significant impacts cumulatively to air quality. d) Expose sensitive receptors to substantial pollutant concentrations? (No Impact) The proposed actions (updating the City's Zoning Code), does not authorize any physical alterations and/or development of any properties at this time. Potential . future development projects would be subject to further review, including possible discretionary actions, and environmental analysis once detailed project ND 0&-1.Comprehenslve Zoning Code Update 12 . . . IV. a) Adoption of New Zoning Code Title 11- Seal Beach Municipal Code Initial Study and Negative Declaration development plans are filed with the City for consideration. The project does not propose any physical modifications to properties (i.e. grading, construction, etc.). does not expose sensitive receptors to substantial pollutant concentrations. Therefore, it is not anticipated that the project will result in any significant impacts to sensitive receptors and no mitigation measures are necessary. e) Create objectionable odors affecting a substantial number of people? (No Impact) See response to Section III (e) above. The proposed project consists of the adoption of a Comprehensive Zoning Code Update. However, the proposed project does not authorize any physical alterations and/or development of any properties at this time. Potential future development projects would be subject to further review, including possible discretionary actions, and environmental analysis once detailed project development plans are filed with the City for consideration. The project does not propose any physical modifications to properties (i.e. grading, construction, etc.). Therefore, the proposed project will not create objectionable odors affecting a substantial number of people. BIOLOGICAL RESOURCES Would the project have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? (No Impact) 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. In addition an "'Administrative Use Permit" 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 ~pproved by the Planning Commission. ND 08-"1.Comprehensive Zoning Code Update 13 Adoption of New Zoning Code . Title 11- Seal Beach Municipal Code Initial Study and Negative Declaration However, the proposed projed does not authorize any physical alterations and/or development of any properties at this time. Potential future development projects would be subject to further review, including possible discretionary actions, and environmental analysis once detailed project development plans are filed with the City for consideration. The project does not propose any physical modifications to properties (i.e. grading, construction, etc.). Therefore, the proposed project will not have a substantial adverse effect on biological resources. b)' Would the project have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? (No Impact) See response to Section IV (a) above. The project does not propose any physical modifications to properties (i.e. grading, construction, etc.). Therefore, the proposed project will not have a substantial adverse effect on riparian habitat or other sensitive natural communities. . c) Would the project have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? (No Impact) See response to Section IV (a) above. The proposed project consists of the adoption of a Comprehensive Zoning Code Update. However, the proposed project does not authorize any physical alterations and/or development of any properties at this time. Potential future development projects would be subject to further review, including possible discretionary actions, and environmental analysis once detailed project development plans are filed with the City for consideration. The projed does not propose any physical modifications to properties (i.e. grading, construction,:etc.). Therefore, the proposed project will not have a substantial adverse effect on federally protected wetlands. d) Would the project interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? (No Impact) ~ee response to Section IV (a) above. The proposed project will not have a substantial adverse effect on any important migratory or movement corridors or . native wildlife nursery sites. ND Oa-1.Comprehensive Zoning Code Update 14 . . . Adoption of New Zoning Code Title 11- Seal Beach Municipal Code Initial Study and Negative Declaration e) Would the project conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? (No Impact) See response to Section IV (a) above. The proposed project consists of the adoption of a Comprehensive Zoning Code Update. However, the proposed project does not authorize any physical alterations and/or development of any properties at this time. Current tree preservation requirements set forth in Title 9: Public Property, Public Worl<'s and Building Regulations; Chapter 9.40: Trees, are not being modified and will still be applicable to future developments. The proposed project would not conflict with any local ordinances or policies protecting biological resources. f) Would the project conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? (No Impact) See response to Section IV (a) above. There are no adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plans within the City of Seal Beach. v. CULTURAL RESOURCES a) Would the project cause a substantial adverse change in the significance of a historical resource as defined in 915064.5? (No Impact) 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. In addition an "Administrative Use Permit" 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. ND 08: 1.Comprehensive Zoning Code Update 15 Adoption of New Zoning Code . Title 11- Seal Beach Municipal Code Initial Study and Negative Declaration However, the proposed project does not authorize any physical alterations and/or development of any properties at this time. Therefore, the proposed project will not have a substantial adverse effect on historical resources. b) Would the project cause a substantial adverse change in the significance of an archaeological resource pursuant to 915064.5? (No Impact) See response to Section V (a) above. The project does not propose any physical modifications to properties (i.e. grading, construction, etc.). The project will not cause a substantial adverse change in the significance of a historical or archaeological resource. c) Would the project directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? (No Impact) See response to Section V (a) above. The project does not propose any physical modifications to properties (i.e. grading, construction, etc.). The project will not . directly or indirectly destroy a unique paleontological resource. d) Would the project disturb any human remains, including those interred outside of formal cemeteries? (No Impact) See response to Section V (a) above. The project does not propose any physical modifications to properties (i.e. grading, construction, etc.). The project will not disturb any human remains. VI. GEOLOGY AND SOILS a) Would the project expose people or structures to potential substantial adverse effects, including the: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? fii) Seismic-related ground failure, including liquefaction? . iv) Landslides? ND Oa.1.Comprehensive Zoning Code Update 16 . . . Adoption of New Zoning Code Title 11- Seal Beach Municipal Code Initial Study and Negative Declaration (No Impact) Numerous mapped faults in the Southern California region could produce significant ground shaking within the City, including the Whittier, Norwalk, EI Modena, Sierra Madre, Newport-Inglewood, San Andreas, and Elsinore faults. The City is expected to be subject to moderate to severe ground shaking from a regional seismic event within the project life of the proposed project. The recent adoption of the 2007 California Building Code, with applicable local City amendments, adequately addresses construction-related concerns relative to the matters of concern. 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. In addition an "Administrative Use Permit" 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. b) The proposed project does not authorize any physical alterations and/or development of any properties at this time. Potential future development projects would be subject to further review, including possible discretionary actions, and environmental analysis once detailed project development plans are filed with the City for consideration. The project does not propose any physical modifications to properties (i.e. grading, construction, etc.), The proposed project does not involve grading and/or construction of any structures nor would increase the population of the City. Therefore, the proposed project will not have a substantial adverse effect on geology and soils. Would the project result in substantial soil erosion or the loss of topsoil? (No Impact) . ~ee response to VI (a) above. The project does not involve the physical modification of properties (i.e. grading). Moreover, any potential future development will be required to comply with standard conditions imposed on all ND Oa.:.1.Comprehenslve Zoning Code Update 17 Adoption of New Zoning Code . Title 11- Seal Beach Municipal Code Initial Study and Negative DeclaratIon development to ensure that there is no substantial soil erosion or loss of topsoil. Therefore, the project will not result in any impacts to soil erosion or loss of topsoil. c) Would the project be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in onsite or offsite landslide, lateral spreading, subsidence, liquefaction or collapse? (No Impact) See response to VI (a) above. The project does not involve the physical modification of properties (i.e. grading). There are no impacts to geology and soils, including a geologic unit or soil that is unstable. d) Would the project be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? (No Impact) See response to VI (a) above. The project does not involve the physical . modification of properties (i.e. grading). There are no impacts to expansive soils. e) Would the project have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? (No Impact) The proposed project consists of the adoption of a Comprehensive Zoning Code Update. The City does not allow the use of septic tanks or alternative wastewater disposal systems. Therefore, the proposed project will not have a substantial adverse effect on wastewater disposal systems. . VII. HAZARDS AND HAZARDOUS MATERIALS a) Would the project create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? (No Impact) 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 ~IIowable 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 ND 0B-1.Comprehensive Zoning Code Update 18 . . . Adoption of New Zoning Code Title 11- Seal Beach Municipal Code Initial Study and Negative Declaration design and aesthetic matters of concern to the City. In addition an "Administrative Use Permit" 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. The City's General Plan Safety Element includes goals and policies to further reduce the risk of hazardous material incidents. The proposed project itself does not involve the transport, use, or disposal of any hazardous materials. Therefore, the proposed project will not result in any significant impacts relative to hazards and/or hazardous materials to the public or the environment. b) Would the project create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? (No Impact) See response to VII (a) above. Potential future development projects would be subject to further review, including possible discretionary actions, and environmental analysis once detailed project development plans are filed with the City for consideration. The project does not pose a significant hazard to the public or the environment. c) Would the project emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? (No Impact) See response to VII (a) above. Potential future development projects would be subject to further review, including possible discretionary actions, and environmental analysis once detailed project development plans are filed with the City for consideration. The project does not pose a significant hazard to the .public or an existing or proposed school. d) Would the project be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? (No Impact) . . See response to VII (a) above. The project does not involve any construction. Further, potential future development of each site would be subject to further discretionary and environmental analysis once detailed project development ND Oa..1.Comprehenslve Zoning Code Update 19 Adoption of New Zoning Code . Title 11- Seal Beach Municipal Code Initial Study and Negative Declaration plans are filed with the City for consideration. Therefore, the project will not result in any impacts relative to hazardous materials sites. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? (No Impact) See response to VII (a) above. The project does not propose any physical modifications to properties (i.e. grading, construction, etc.). Therefore, the proposed project will not have a substantial adverse effect on an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport. f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? (No Impact) See response to VII (a) above. The project does not propose any physical . modifications to properties (i.e. grading, construction, etc.). Therefore, the proposed project will not have a substantial adverse effect on any private airstrip. g) Would the project impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? (No Impact) h) Seal Beach has an Emergency Operations Plan (EOP) consistent with the State Emergency Management System requirements, outlining the City's response to extraordinary emergency situations associated with natural disasters, technological incidents, and national security emergencies. The EOP also identifies evacuation routes within the City, to be used in the event of a major emergency that requires evacuation of all or part of Seal Beach. All development proposals are thoroughly reviewed by the City to ensure project consistency with the EOP. The project itself (update to the City's Zoning Code) will not result in any impacts to an adopted emergency response plan or emergency evacuation plan. No impacts relative to this topic are anticipated as a result of the proposed project. Would the project expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (No Impact) . ND 08-1.Comprehensive Zoning Code Update 20 . . . Adoption of New Zoning Code Title 11- Seal Beach Municipal Code Initial Study and Negative Declaration See response to VII (a) above. The project does not involve any construction or increase in population. The project itself will not create a significant risk involving wildland fires. VIII. HYDROLOGY AND WATER QUALITY a) Would the project violate any water quality standards or waste discharge requirements? (No Impact) 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. In addition an "Administrative Use Permit" 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. The project does not propose any physical modifications to properties (i.e. grading, construction, etc.). Therefore, the proposed project will not have a substantial adverse effect on or violate any water quality standards or waste discharge retirements. The proposed Zoning Code includes additional requirements and considerations regarding storm drainage and storm water runoff of new developments to be consistent with the National Pollution Discharge Elimination System (NPDES) permit issued by the California ..Regional Water Quality Control Board. Discharges shall comply with Chapter 9.20: Storm Water Management Program, Chapter 9.25: Fats, Oil and Grease Management and Discharge Control, Chapter 9.30: Sewerage, Chapter 9.35: Water, and Chapter 9.50: Grading of the Municipal Code. Therefore, the project will not result in any significant impacts for this topical area. It is anticipated that the proposed Zoning Code will result in beneficial jmpacts for this area of concern. ND 0&;1.Comprehenslve Zoning Code Update 21 Adoption of New Zoning Code . Title 11- Seal Beach Municipal Code Initial Study and Negative Declaration b) Would the project substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? (No Impact) See response VIII (a) above. The project does not propose any physical modifications to properties (i.e. grading, construction, etc.). Therefore, the proposed project will not have a substantial adverse effect on groundwater. c) Would the project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or offsite? (No Impact) See response VIII (a) above. The project does not propose any physical modifications to properties (i.e. grading, construction, etc.). Therefore, the . proposed project will not have a substantial adverse effect on or alter any drainages or drainage patterns. d) Would the project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner that would result in flooding on- or offsite? (No Impact) See response VIII (a) above. The project does not propose any physical modifications to properties (i.e. grading, construction, etc.). Therefore, the proposed project will not have a substantial adverse effect on or alter drainage patterns or have any effect on surface runoff. e) Would the project create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? (No Impact) See response VIII (a) above. The project does not propose any physical modifications to properties (i.e. grading, construction, etc.). Therefore, the proposed project will not have a substantial adverse effect on surface runoff. f) Would the project otherwise substantially degrade water quality? (Less than Significant Impact) . ND Oa..1.Comprehensive Zoning Code Update 22 . . . Adoption of New Zoning Code Title 11- Seal Beach Municipal Code Initial Study and Negative Declaration See response VIII (a) above. The project does not propose any physical modifications to properties (i.e. grading, construction, etc.). Therefore, the proposed project will not have a substantial adverse effect on water quality. g) Would the project place housing within a 1 DO-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? (No Impact) See response VIII (a) above. The proposed project does not involve the construction of any housing and therefore would not place housing within a 100- year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map. h) Would the project place within a 1 DO-year flood hazard area structures that would impede or redirect flood flows? (No Impact) See response VIII (a) above. The proposed project does not involve the construction of any structures and therefore would not place structures within a 1 OO-year flood hazard area that would impede or redirect flood flows. Would the project expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee ordam? (No Impact) See response to Section VIII (a) (c) (g) and (h) above. Also, the project does not involve exposing structures or people to potential flooding hazards as a result of the failure of a levee or dam. i) j) Would the project expose people to inundation by seiche, tsunami, or mudflow? (No Impact) See response to Section VIII (a) (c) and (g) above. Also, the project does not involve construction resulting in exposure to the public of seiche, tsunami or mudflow. k) Potentially impact storm water runoff from construction activities? (No Impact) $ee response to Section VIII (a) (c) and (g) above. Also, the project does not involve construction resulting in exposure to the public stormwater runoff. ND 08-' .Comprehensive Zoning Code Update 23 Adoption of New Zoning Code . Title 11- Seal Beach Municipal Code Initial Study and Negative Declaration Q Potentially impact storm water runoff from post-construction activities? (No Impact) See response to Section VIII (a) (c) and (g) above. Also, the project does not involve construction resulting in no effect on stormwater runoff. m) Result in a potential for discharge of storm water pollutants from areas of material storage, vehicle or equipment fueling, vehicle or equipment maintenance (including washing), waste handling, hazardous materials handling or storage, delivery areas, loading docks or other outdoor work areas? (No Impact) See response to Section VIII (a) (c) and (g) above. Also, the project does not ,involve construction resulting in no potential for discharge of stormwater pollutants from areas of material storage, vehicle or equipment fueling, vehicle or equipment maintenance (including washing), waste handling, hazardous materials handling or storage, delivery areas, loading docks or other outdoor . work areas. n) Result in the potential for discharge of storm water to affect the beneficial uses of receiving waters? (No Impact) See response to Section VIII (a) (c) and (g) above. Also, the project does not involve construction resulting in no potential for discharge of stormwater to affect the beneficial uses of receiving waters. 0) Create the potential for significant changes in the flow velocity or volume of storm water runoff to cause environmental harm? (No Impact) See response to Section VIII (a) (c) and (g) above. Also, the project does not involve construction resulting in no potential for significant changes in the flow velocity or volume of stormwater runoff to cause environmental harm. p) Create significant increases in erosion of the project site or surrounding areas? (No Impact) See response to Section VIII (a) (c) and (g) above. Also, the project does not involve construction resulting in no potential for significant increases in erosion. . ND Oa-1.Comprehensive Zoning Code Update 24 . . . b) Adoption of New Zoning Code Title 11- Seal Beach Municipal Code Initial Study and Negative Declaration IX. a) LAND USE AND PLANNING Would the project physically divide an established community? (No Impact) 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. In addition an "Administrative Use Permit" 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. The project would not involve any construction or grading activities typically associated with a development project. Therefore, the project will not physically divide an established community. Therefore, no impacts relative to this topic are anticipated as a result of the proposed project. ' Would the project conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? (No Impact) The project consists of a comprehensive update of the Zoning Code of the City. 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. In addition an "Administrative Use Permit" 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. The proposed Zoning Code is on file with the City and is available for public review. For a general overview of the basic Zoning Code proposals please refer ND Oa':1.Comprehenslve Zoning Code Update 25 Adoption of New Zoning Code . Title 11- Seal Beach Municipal Code Initial Study and Negative Declaration to Appendix A: Overview Summary - Major Provisions of Proposed Title 11, Zoning. The proposed comprehensive update of the Zoning Code of the City does not result in any significant environmental impacts. The proposed comprehensive update of the Zoning Code of the City does not propose any physical modifications (development) of land. Therefore, no significant environmental impacts relative to land use are anticipated as a result of the proposed project. Portions of the City are located in the Coastal Zone and subject to the California Coastal Act. At this time, the City of Seal Beach does not have a certified Local Coastal Program and any future project compliance with the Coastal Act is reviewed by the California Coastal Commission. Project compliance with relevant policies of Chapter 3 of the Coastal Act (beginning with Section 30210) is the review standard. The City is currently preparing a Draft Local Coastal Plan for submission to the California Coastal Commission, and upon its adoption, certain portions of the Zoning Code will be modified to ensure consistency . between the two regulating documents. c) Would the project conflict with any applicable habitat conservation plan or natural community conservation plan? (No Impact) The proposed project consists of the adoption of a Comprehensive Zoning Code Update. There are no applicable habitat conservation plans or natural community conservation plans within the City of Seal Beach. X. MINERAL RESOURCES One oil extraction site is maintained within the tidelands area of Seal Beach, known as Esther Island. Oil extraction operations are also conducted along the Newport- Inglewood Fault on the Hellman Ranch Property and on an oil lease site in the National Wildlife Refuge on the Seal Beach Weapons Station. a) Would the project result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? (No Impact) 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 ND 0B:-1.Comprehensive Zoning Code Update 26 . . . Adoption of New Zoning Code Title 11- Seal Beach Municipal Code Initial Study and Negative Declaration 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. In addition an "Administrative Use Permit" 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. The project does not propose any physical modifications to land that would impact mineral resources. Therefore, no significant decrease of mineral resources is anticipated as a result of the project b) Would the project result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? (No Impact) There is no known resource of a locally important mineral recovery site delineated on a local general plan, specific plan or other land use plan. Therefore no impacts would result. XI. NOISE a) Would the project result in exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? (No Impact) 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. In addition an "Administrative Use Permit" 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. However, the proposed project does not authorize any physical alterations and/or development of any properties at this time. Potential future development projects ND 08"-1.Comprehenslve Zoning Code Upc\ate 27 Adoption of New Zoning Code . Title 11- Seal Beach Municipal Code Initial Study and Negative Declaration would be subject to further review, including possible discretionary actions, and environmental analysis once detailed project development plans are filed with the City for consideration. The project does not propose any physical modifications to properties (Le. grading, construction, etc.). Therefore, the proposed project will not have a substantial adverse effect on noise standards established in the local general plan or noise ordinance, or applicable standards of other agencies. The proposed Zoning Code includes additional requirements and considerations regarding noise of new developments within the City, and therefore, the project will not result in any significant impacts for this topical area. It is anticipated that the proposed Zoning Code will result in beneficial impacts for this area of concern. b) Would the project result in exposure of persons to or generation of excessive groundbome vibration or groundbome noise levels? (No Impact) See response XI (a) above. The project does not propose any physical modifications to properties (Le. grading, construction, etc.). Therefore, the . proposed project will not result in exposure of persons to or generation of excessive groundbome vibration or ground borne noise levels. c) Would the project result in a substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? (No Impact) See response XI (a) above. The project does not propose any physical modifications to properties (Le. grading, construction, etc.). Therefore, the proposed project would not result in a substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project. d) .Would the project result in a substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? (No Impact) See response XI (a) above. The project does not propose any physical modifications to properties (Le. grading, construction, etc.). Therefore, the proposed project will not result in a substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project. . ND 08-1.Comprehensive Zoning Code Update 28 . . . Adoption of New Zoning Code Title 11- Seal Beach Municipal Code Initial Study and Negative Declaration e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? (No Impact) See response XI (a) above. The project does not propose any physical modifications to properties (i.e. grading, construction, etc.). Therefore, the proposed project will not expose people residing or working in the project area to excessive noise levels. f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? (No Impact) See response XI (a) above. The project does not propose any physical modifications to properties (i.e. grading, construction, etc.). Therefore, the proposed project will not expose people residing or working in the project area to excessive noise levels. XII. POPULA liON AND HOUSING Seal Beach sits on the coast as the gateway to Orange County between the cities of Long Beach and Huntington Beach, with a population of approximately 25,000. Seal Beach is the home of Leisure World, a gated senior citizen community of approximately 7-10,000 persons. The Seal Beach Naval Weapons Station comprises 213's of the land within the City. a) Would the project induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? (No Impact) 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. In addition an "Administrative Use Permit" approval process is proposed which would allow the Director of Development Services to review and approve several ND oS;.... .Comprehensive Zoning Code Update 29 Adoption of New Zoning Code . Title 11- Seal Beach Municipal Code Initial Study and Negative Declaration types of discretionary land use approvals that are currently reviewed and approved by the Planning Commission. The project itself does not involve development (i.e. construction of structures etc.). Therefore, the project will not induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure). b) Would the project displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? (No Impact) See response XII (a) above. The project does not propose any physical modifications to properties (i.e. grading, construction, etc.). Therefore, the proposed project will not have a substantial adverse effect on existing housing. No impacts would result. c) Would the project displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? (No Impact) . See response XII (a) above. The project does not propose any physical modifications to properties (i.e. grading, construction, etc.). Therefore, the proposed project would not displace substantial numbers of people. No impacts would occur. XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable seNice ratios, response times or other performance -objectives for any of the public seNices: Fire Protection? Police Protection? Schools? Parks? Other public facilities? (No Impact) . ND 08"-1.Comprehensive Zoning Code Update 30 . . . Adoption of New Zoning Code Title 11- Seal Beach Municipal Code Initial Study and Negative Declaration 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. In addition an "Administrative Use Permit" 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. Utilities and service systems are already servicing the City of Seal Beach. The project does not propose any physical modifications to properties (i.e. grading, construction, etc.). Therefore, the proposed project would not result in any need for new or expanded services. XIV. RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? (No Impact) 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. In addition an "Administrative Use Permit" 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. The project does not propose any physical modifications to properties (i.e. grading, construction, etc.). The proposed project does not include any activities that would lead to increased use of existing park facilities, and no impacts will occur. ND Oe:1.Comprehenslve Zoning Code Update 31 Adoption of New Zoning Code . Title 11 - Seal Beach Municipal Code Initial Study and Negative Declaration b) Does the project include recreational facilities or require the construction or expansion or recreational facilities which might have an adverse physical effect on the environment? (No Impact) See response XIV (a) above. The proposed project consists of the adoption of a Comprehensive Zoning Code Update. The project does not propose any physical modifications to properties (i.e. grading, construction, etc.). No increase in recreational facilities is proposed. No increase in or expansion of recreational facilities will occur. c) Does the project include potential safety impacts to recreational users? (No Impact) See response XIV (a) above. The project does not propose any physical modifications to properties (i.e. grading, construction, etc.). Therefore, the project will not result in any impacts to this topical area. . xv. TRANSPORT A TIONITRAFFIC a) Would the project cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? (No Impact) 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. In addition an "Administrative Use Permit" 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. The project does not involve any physical changes to any properties. Therefore, the project will not result in any impacts relative to traffic load and capacity of the . street system in Seal Beach. . ND 0S--1.Comprehensive Zoning Code Update 32 . . . Adoption of New Zoning Code Title 11- Seal Beach Municipal Code Initial Study and Negative Declaration b) Would the project exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? (No Impact) See response XV (a) above. Because there will not be a permanent increase in traffic, there will be no cumulative addition to the roadways in the area, and no impacts to established congestion management plans. c) Would the project result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? (No Impact) See response XV (a) above. The project does not involve air traffic, thus there will be no impacts. d) Would the project substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., fann equipment)? (No Impact) See response XV (a) above. The project does not propose to redesign roadways. There will be no hazards impacts. e) Would the project result in inadequate emergency access? (No Impact) See response VIII (a) and response XV (a) above. The project does not propose any physical modifications to properties (Le. grading, construction, etc.). Therefore, the proposed project will not have a substantial adverse effect on emergency access. f) Would the project result in inadequate parking capacity? (No Impact) See response XV (a) above. The proposed project consists of the adoption of a Comprehensive Zoning Code Update. The project does not propose any physical modifications to properties (Le. grading, construction, etc.). Therefore, the proposed project will not result in inadequate parking capacity. g) Would the project conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? (No Impact) ND Oa:.1.Comprehenslve Zoning Code Update 33 Adoption of New Zoning Code . Title 11- Seal Beach Municipal Code Initial Study and Negative Declaration See response XV (a) above. The project does not propose any physical modifications to properties (Le. grading, construction, etc.). Therefore, the proposed project will not result in any impacts to this topical area. XVI. UTiliTIES AND SERVICE SYSTEMS a) Would the project exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? (No Impact) 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. In . addition an "Administrative Use Permit" 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. The proposed project does not authorize any physical alterations and/or development of any properties at this time. Potential future development projects would be subject to further review, including possible discretionary actions, and environmental analysis once detailed project development plans are filed with the City for consideration. The project does not propose any physical modifications to properties (Le. grading, construction, etc.). No exceedance of wastewater treatment requirements will occur. b) Would the project require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (No Impact) See response XVI (a) above. The proposed project consists of the adoption of a Comprehensive Zoning Code Update. The project does not propose any physical modifications to properties (Le. grading, construction, etc.). Therefore, the proposed project will not have a substantial adverse effect on or create a need for new water or wastewater treatment facilities or expansion of existing . facilities. ND 01t-1.Comprehensive Zoning Code Update 34 . . . Adoption of New Zoning Code Title 11- Seal Beach Municipal Code Initial Study and Negative Declaration c) Would the project require or result in the construction of new stormwater drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (No Impact) See response XVI (a) above. The project does not propose any physical modifications to properties (i.e. grading, construction, etc.). Therefore, the proposed project will not have a substantial adverse effect on or create a need for new stormwater drainage facilities will occur. d) Would the project have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? (No Impact) See response XVI (a) above. The project does not propose any physical modifications to properties (i.e. grading, construction, etc.). Therefore, the proposed project will not have a substantial adverse effect on or create a need for new or expansion of existing water supplies facilities will occur. e) Would the project result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? (No Impact) See response XVI (a) above. the proposed project consists of the adoption of a Comprehensive Zoning Code Update. The project does not propose any physical modifications to properties (i.e. grading, construction, etc.). Therefore, the proposed project will not result in a need for new or expanded wastewater treatment. f) Would the project be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? (No Impact) g) See response XVI (a) above. The proposed project consists of the adoption of a Comprehensive Zoning Code Update. The project does not propose any physical development that would have an impact on landfill capacity. Therefore, no impact to solid waste (landfill capacity) would occur. Would the project comply with federal, state, and local statutes and regulations related to solid waste? (No Impact) ND 08~1.Comprehensive Zoning Code Update 35 Adoption of New Zoning Code . Title 11- Seal Beach Municipal Code Initial Study and Negative Declaration See response XVI (a) above. The project does not propose any physical modifications to properties (i.e. grading, construction, etc.). No need for new or expansion of existing solid waste facilities will occur. h) Would the project include a new or retrofitted storm water treatment control Best Management Practices (BMP), (e.g., water quality treatment basin, constructed treatment wetlands), the operation of which could result in significant environmental effects (e.g., increased vectors and odors)? (No Impact) See response XVI (a) above. The proposed project consists of the adoption of a Comprehensive Zoning Code Update. The project does not propose any physical modifications to properties (i.e. grading, construction, etc.). No new or retrofitted storm water treatment control system is required. XVII. MANDATORY FINDINGS OF SIGNIFICANCE 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. In addition an "Administrative Use Permit" 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. Based on the above environmental analysis, the proposed project would not degrade the quality of the environment, result in long term or cumulative impacts, or have substantial adverse effects on human beings, either directly or indirectly. . ND 0B:-1.Comprehenslve Zoning Code Update 36 . . . Adoption of New Zoning Code Title 11- Seal Beach Municipal Code Initial Study and Negative Declaration SECTION 5.0 - ENVIRONMENTAL CHECKLIST FORM 1. Project Title: Comprehensive Zoning Code Update - Title 11 of Seal Beach Municipal Code 2. Lead Agency Name and Address: City of Seal Beach 211 Eighth Street Seal Beach,CA 90740 3. Contact Person and Telephone Number: Lee Whittenberg, Director of Development Services Telephone: (562) 431-2527, extension 1313 E-mail: Iwhittenberg@cLseal-beach.ca.us 4. 5. Project Location: City of Seal Beach Project Sponsor's Name and Address: City of Seal Beach 211 Eighth Street SealBeach,CA 90740 6. General Plan Designation: Not Applicable 7. Zoning: Not Applicable 8. Description of Project: The proposed Comprehensive Zoning Code Update 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 qommunity regarding future development within the City. Such a comprehensive revision effort has not been undertaken within the community since 1974. As such, there are many changes from both procedural and development regulation ND os.:., .Comprehensive Zoning Code Update 37 Adoption of New Zoning Code . Title 11- Seal Beach Municipal Code Initial Study and Negative Declaration standards incorporated into the proposed Zoning Code that do not currently exist in the present Zoning Code. 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. In addition an "Administrative Use Permit" 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. Please refer to Appendix A to review an overview summary of the major provisions of Proposed Title 11, Zoning. As stated, the proposed project consists of the adoption of a Comprehensive . Zoning Code Update. However, the proposed project does not authorize any physical alterations and/or development of any properties at this time. Potential future development projects would be subject to further review, including possible discretionary actions, and environmental analysis once detailed project development plans are filed with the City for consideration. The project does not propose any physical modifications to properties (i.e. grading, construction, etc.). 9. Surrounding land Uses and Setting: Seal Beach is situated on the coast in northwest Orange County between the City of Long Beach and Huntington Beach and includes the Seal Beach Naval Weapons Station (Figure 1). Approximately one mile of coastline lies along the City's southwest boundary. 10. Other Public Agencies Whose Approvals Are Required: None . ND Oa.:.1.Comprehensive Zoning Code Update 38 . Adoption of New Zoning Code Title 11- Seal Beach Municipal Code Initial Study and Negative Declaration Environmental Factors Potentiallv Affected The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. 0 Aesthetics 0 Hazards/Hazardous 0 Public Services Materials 0 Agriculture Resources 0 HydrologylWater Quality 0 Recreation 0 Air Quality 0 Land Use and Planning 0 Transportation/Circulation 0 Biological Resources 0 Mineral Resources 0 Utilities and Service Systems 0 Cultural Resources 0 Noise 0 Mandatory Findings of . Significance 0 Geology and Soils 0 Population and Housing . ND os.:., .Comprehensive Zoning Code Update 39 Adoption of New Zoning Code . Title 11- Seal Beach Municipal Code Initial Study and Negative Declaration Determination: On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the ~ environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the 0 environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, 0 and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. o . I find that although the proposed project could have a significant effect on the 0 environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. ...~4~ ~. nature $/1;1ZC# /O,,2OC:;B .. "' Date LEE W#/I7L3Xr3C124- Printed Name C/7;Y cPr G~~~ Agency . ND 01t-1.Comprehensive Zoning Code Update 40 . . . Adoption of New Zoning Code Title 11- Seal Beach Municipal Code Initial Study and Negative Declaration Environmental Impacts (Please Explain All IIPotentially Significant Impact", IILess Than Significant With Mitigation Incorporated" And IILess Than Significant Impact" Answers In Section 4.0.) I. AESTHETICS - Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings. and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare which would adversely- affect day or nighttime views in the area? II. AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Oepl of Conservation as an optional model to use in assessing impacts on agriculture and fannland. Would the project a) Convert Prime Fannland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? ND Oa::1.Comprehenslve Zoning Code Update Potentially Significant Impact o o o o o o o 41 Less Than Significant with Mitigation Incorporated o o o o o o o Less Than Significant Impact o o o o o o o No Impact ~ ~ ~ ~ ~ ~ ~ III. AIR QUALITY - Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? IV. BIOLOGICAL RESOURCES - Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b} Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? ND 0~1.Comprehensive Zoning Code Update Potentially Significant Impact o o o o o o o 42 Adoption of New Zoning Code . Title 11- Seal Beach Municipal Code Initial Study and Negative Declaration Less Than Significant with Mitigation Incorporated o o o o o o o less Than Significant No Impact Impact o 181 181 o o 181 . o 181 181 o o 181 o 181 . . . . c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? V. CULTURAL RESOURCES - Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in ~ 15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to ~ .15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? VI. GEOLOGY AND SOILS - Would the proje~ a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: NO 0S::1.Comprehenslve Zoning Code Update Potentially Significant Impact o o o o o o o o 43 Adoption of New Zoning Code Title 11- Seal Beach Municipal Code Initial Study and Negative Declaration Less Than Significant with Mitigation Incorporated o o o o o o o o Less Than Significant Impact o o o o o o o o No Impact 181 181 181 181 181 181 181 181 (i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. (ii) Strong seismic ground shaking? (Hi) Seismic-related ground failure, including liquefaction? (iv) Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or offsite landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? VII. HAZARDS AND HAZARDOUS MATERIALS - Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? ND 08-1.Comprehensive Zoning Code Update Potentially Significant Impact o o o o o o o o o 44 Adoption of New Zoning Code . Title 11- Seal Beach Municipal Code Initial Study and Negative Declaration Less Than Significant with Mitigation Incorporated .0 o o o o o o o o Less Than Significant Impact o o o o o o o o o No Impact ~ ~ ~ ~ ~ ~ . ~ ~ ~ . . . . b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c} Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d} Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e} For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f} For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g} Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h} Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? ND Oa.:1.Comprehensive Zoning Code Update Potentially Significant Impact o o o o o o o 45 Adoption of New Zoning Code Title 11- Seal Beach Municipal Code Initial Study and Negative Declaration Less Than Significant with Mitigation Incorporated D. o o o o o o Less Than Significant Impact o o o o o o o No Impact I8J I8J I8J I8J I8J I8J I8J VIII. HYDROLOGY AND WATER QUALITY - Would the project: a} Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c} Substantially alter the existing drainage pattem of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or offsite? d} Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or offsite? e} Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f} Otherwise substantially degrade water quality? g} Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h} Pla,ce within a 100-year flood hazard area structures which would impede or redirect flood flows? NO 0B-1.Comprehensive Zoning Code Upc:late Potentially Significant Impact o o o o o o o o 46 Adoption of New Zoning Code . Title 11- Seal Beach Municipal Code Initial Study and Negative Declaration Less Than Significant with Mitigation Incorporated o o o o o o o o Less Than Significant Impact o o o o o o o o No Impact 181 181 181 . 181 181 ~ 181 181 . . . . i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? k) Potentially impact stormwater runoff from construction activities? I) Potentially impact stormwater runoff from post-construction activities? m) Result in a potential for discharge of stormwater pollutants from areas of material storage, vehicle or equipment fueling, vehicle or equipment maintenance (including washing), waste handling, hazardous materials handling or storage, delivery areas, loading docks or other outdoor work areas? n) Result in the potential for discharge of stormwater to affect the beneficial uses of receiving waters? 0) Create the potential for significant changes in the flow velocity or volume of stormwater runoff to cause environmental harm? p) Create significant increases in erosion of the project site or surrounding areas? IX. LAND USE AND PLANNING - Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? ND 08:1.Comprehensive Zoning Code Update Potentially Significant Impact o o o o o o o o o o 47 Adoption of New Zoning Code Title 11- Seal Beach Municipal Code Initial Study and Negative Declaration Less Than Significant with Mitigation Incorporated o o o o o o o o o o Less Than Significant Impact o o o o o o o o o o No Impact ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ c) Conflict with any applicable habitat conservation plan or natural community conservation plan? X. MINERAL RESOURCES - Would the project a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally- important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? XI. NOISE - Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundbome vibration or groundbome noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport . or public use airport, would the project expose people residing or working in the project area to excessive noise levels? ND 0~1.Comprehensive Zoning Code Update Potentially Significant Impact o o o o o o o o 48 Adoption of New Zoning Code . Title 11- Seal Beach Municipal Code Initial Study and Negative Declaration Less Than Significant with Mitigation Incorporated o o o o o o o o Less Than Significant Impact o o o o o o o o No Impact 181 181 181 . 181 181 ~ [g\ 181 . . . . f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? XII. POPULATION AND HOUSING - Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered govemmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? Police protection? Schools? Parks? Other public facilities? ND 08~'1.Comprehensive Zoning Code Update Potentially Significant Impact o o o o o o o o o 49 Adoption of New Zoning Code Title 11- Seal Beach Municipal Code Initial Study and Negative Declaration Less Than Significant with Mitigation Incorporated o o o o o o o o o Less Than Significant Impact o o o o o o o o o No Impact ~ ~ ~ ~ ~ ~ ~ ~ ~ XIV. RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? XV. TRANSPORTATIONrrRAFFIC - Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Re~ult in inadequate parking capacity? ND 08-1.Comprehensive Zoning Code Update Potentially Significant Impact o o o o o o o o 50 Adoption of New Zoning Code . Title 11- Seal Beach Municipal Code Initial Study and Negative Declaration Less Than Significant with Mitigation Incorporated o o o o o o o o Less Than Significant Impact o o o o o o o o No Impact ~ ~ . ~ ~ ~ ~ ~ ~ . . . . g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? XVI. UTILITIES AND SERVICE SYSTEMS - Would the project: a) Exceed. wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? ND Oa.:.1.Comprehenslve Zoning Code Update Potentially Significant Impact o o o o o o o o 51 Adoption of New Zoning Code Title 11- Seal Beach Municipal Code Initial Study and Negative Declaration Less Than Significant with Mitigation Incorporated o D D o D '0 o D Less Than Significant Impact o o o o o o o o No Impact 181 181 181 181 181 181 181 181 h} Would the project include a new or retrofitted storm water treatment control BMP, (e.g., water quality treatment basin, constructed treatment wetlands), the operation of which could result in significant environmental effects (e.g., increased vectors and odors)? XVII. MANDATORY FINDINGS OF SIGNIFICANCE a} Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b} Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable. means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c} Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? ND 08'-1.Comprehenslve Zoning Code Update Potentially Significant Impact o o o o 52 Adoption of New Zoning Code . Title 11- Seal Beach Municipal Code Initial Study and Negative Declaration Less Than Significant with Mitigation Incorporated o o o o Less Than Significant Impact o o o o No Impact ~ ~ . ~ ~ . . . . Adoption of New Zoning Code Title 11- Seal Beach Municipal Code Initial Study and Negative Declaration APPENDIX A OVERVIEW SUMMARY MAJOR PROVISIONS OF PROPOSED TITLE 11, ZONING ND Oa"1.Comprehensive Zoning Code Update 53 . . . Adoption of New Zoning Code Title 11- Seal Beach Municipal Code Initial Study and Negative Declaration OVERVIEW SUMMARY MAJOR PROVISIONS OF PROPOSED TITLE 11: ZONING CODE The Proposed Title 11: "Zoning Code" 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. 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. In addition an "Administrative Use Permit" 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. The major provisions of the "Zoning Code" are summarized below: PART I: GENERAL PROVISIONS: Cl Section 1.05.020.G: Application O'uring Local Emergency - includes new language that authorizes the City Council to authorize deviations by resolution during declared local emergencies. Cl Table 1.05.025: Zoning Districts - renames all current zoning district names to better correlate with the "General Plan" land use designations. For residential districts the new district designations indicate the number of residential units allowed per net acre of land, not per square feet, as does the current Zoning Code. Cl Chapter 1.15: Rules of Measurement - provides clear direction as to how measurements referenced in the Zoning Code are to be calculated. ND O&:1.Comprehenslve Zoning Code Update 54 Adoption of New Zoning Code . Title 11- Seal Beach Municipal Code Initial Study and Negative Declaration a Section 1.15.030.8: Measuring Lot Depth - establishes new methodology for irregular shaped lots. a Section 1.15.050: Determining Floor Area Ratio - sets forth new standards for "Floor Area Ratio", a design tool not currently utilized in the Zoning Code, and how to conduct the calculation to determine the floor area ratio. PART II: BASE DISTRICT REGULA TIONS: a Chaoter 2.05: Residential Districts - combines all residential development standards into one Chapter of the Zoning Code. CJ Table 2.05.010: Use Regulations - Residential Districts - provides summary of major land uses allowed in each zoning district, whether by right, Administrative Use Permit, or Conditional Use Permit, and provides cross references to other Zoning Code provisions regarding those uses. Maintains current lot size, density, setbacks, height, and lot coverage standards. CJ Table 2.05.015: Development Standards for Residential Districts - provides summary of major development standards for each zoning district, and provides cross references to other Zoning Code provisions regarding those development standards. . CJ Ratio of 2nd Story Building Area to 1 st Story Building Area - standards are only proposed for the RLD-9 and RMD-18 districts. a Section 2.05.015.A: Standards for Surfside - no changes of current provisions except minor change regarding stairways on Surfside leased land along the "A" row of beachfront homes (Section 2.05.015.A.6.d.i). a Section 2.05.015.C: Floor ,Area Ratio - Base and Maximum - establishes new standards for 'use of "Floor Area Ratio" as a development regulation to address mass and bulk of development concerns being expressed within the community. See Table 2.05.015.C: Allowable Base and Maximum Floor Area Ratio by Lot Area. a Section 2.05.015.C.2: RHD-20 District - Additional Floor Area Ratio - proposes additional Floor Area Ratio standards for lots in Old Town that can have a third-story living area on the rear half of a lot that is 37.5 feet wide or wider. Cl Section 2.05.015.0: Floor Area Ratio Design Incentives and Deductions - establishes new standards for use of "Floor Area Ratio" . ND 08-1.Comprehensive Zoning Code Update 55 . . . Adoption of New Zoning Code Title 11- Seal Beach Municipal Code Initial Study and Negative Declaration design incentives and deductions as an optional development regulation to address mass and bulk of development concerns being expressed within the community. See Table 2.05.015.0.1: Additional Design Incentives FAR Bonuses and Table 2.05.015.0.2: Design Feature FAR Deductions. CI Section 2.05.015.E: Floor Area Ratio Design Incentives and Deductions: Third Floor - establishes new standards for use of "Floor Area Ratio" design incentives and deductions as an optional development regulation to address mass and bulk of development concerns being expressed within the community regarding third story developments in the Old Town area of the City. See Table 2.05.015.E.1: Additional Design Incentives FAR Bonuses - Third Floor and Table 2.05.015.E.2: Design Feature FAR Deductions - Third Floor. CI Table 2.05.015.H.1 through Table 2.05.015.H.3 - sets forth current development standards for the "RLD-15 District" (Bridgeport/Suburbia Tracts 6345, 6346, and 9814). No changes of current standards are proposed. CI Section 2.05.015.J: Main Building Envelope and Table 2.05.015.J: Determination of Daylight Planes - RLD-9, RMD-18, and RHD-20 Districts - establishes new standards for use of "Daylight Planes" as a development regulation to address mass and bulk of development concerns being expressed within the community. CI Eliminates "Covered Roof Access Structures" from allowable projections. CI Establishes new standards for "Elevator Enclosures." See Section 2.05.015.J.3.e: Elevator Enclosures. CI Establishes several allowable "exceptions" to the "daylight plane" provisions. See Section 2.05.015.J.4: Exceptions to Main Building Envelope. The proposed exceptions will allow for certain projections to allow for some architectural design freedom and diversity in new residential developments. CI Allows the Planning Commission to consider Conditional Use Permit applications for specified additional exceptions, subject to specified limitations, to Section 2.05.015.J.4: Exceptions to Main Building Envelope. See Section 2.05.015.J.5.a: Additional Exceptions to Main Building Envelope: Conditional Use Permit. CI Establishes new rear yard setback standard of 15 feet (10 feet is now allowed) in the RLD-9 District - the Hill, College Park East and West) ND 0s.:1.Comprehensive Zoning Code Update 56 Adoption of New Zoning Code . Title 11- Seal Beach Municipal Code Initial Study and Negative Declaration and allows for a 10-foot rear yard when such a design will reduce or avoid the need for an upper-story living area. See Section 2.05.015.J.5.b: Administrative Use Permit for Reduced Rear Yard - RLD-9 District. D Section 2.05.015.K: Building Height - RLD-9 and RHD-20 Districts _ maintains current height limitations, including for lots 37.5 feet wide or wider in the Old Town area. D Section 2.05.015.P: Facade Articulation - Lots Greater than 25 in Width - establishes new standards for "fayade articulation" as a development regulation to address mass and bulk of development concerns being expressed within the community. CJ Section 2.05.015.R: Porches - establishes new standards for "porches" as a development option to address mass, bulk, and street appearance concerns being expressed within the community. . CJ Section 2.05.015.S: Additional Front Setback Above 14 Feet - establishes new standards for two-story design elements adjacent to a front setback area as a development regulation to address mass and bulk of development concerns being expressed within the community. CJ Section 2.05.015.1: Additional Side Setback or Stepback Above 14 Feet - establishes new standards for two-story design elements adjacent to a side setback area as a development regulation to address mass and bulk of development concerns being expressed within the community. Establishes separate standards for lots less than 37.5 feet wide and for lots 37.3 feet wide or wider. CJ Section 2.05.015.U: Design of Building Additions - establishes new standards for building addition design elements as a development regulation to address mass, bulk, and neighborhood compatibility of development concerns being expressed within the community. CJ Section 2.05.015.X: Limitation on Parking and Garage Frontage - establishes new standards for garage design elements as a development regulation to address mass, bulk, and neighborhood compatibility of development concerns being expressed within the community. . D Section 2.05.015.X.5: Required Garage Exception - RLD-9 District - establishes new standards for number of required garage spaces in ND Os;'1.Comprehenslve Zoning Code Update 57 . . . Adoption of New Zoning Code Title 11- Seal Beach Municipal Code Initial Study and Negative Declaration RLD-9 District if the driveway has a clear area with minimum dimension of 18 feet by 18 feet and the garage has a roll-up garage door- allows reduction of 1 space in required garage parking for single-unit dwellings with 5 bedrooms or more. [J Section 2.05.015.88: Open Space Requirements - establishes new standards for required private open space as a development regulation to address lack of private open space for residential developments being expressed within the community. [J Section 2.05.015.00: Development Standards for 2-Story Cabanas/Manufactured Homes - maintains current development standards for 2-story cabanas and clarifies that standards also apply to 2- stort manufactured homes. Restates provisions of California Administrative Code regarding size limitations imposed by State of California regarding the maximum size of a cabana (these regulations only apply within the Seal Beach Trailer Park). [J Section 2.05.015.EE: Roof Decks - establishes new standards for roof decks as a development regulation to address neighborhood privacy/compatibility issues regarding residential developments being expressed within the community. Requires conformance with the "daylight plane" provisions discussed above. Refer to Section 2.05.015.J discussion above. [J Section 2.05.015.FF: Elevator Shaft Structures - establishes new standards for elevator shaft structures as a development regulation to address access to roof decks and neighborhood privacy/compatibility concerns for residential developments being expressed within the community. [J Chapter 2.10: Commercial and Mixed-Use Districts - combines all commercial and mixed-use development standards into one Chapter of the Zoning Code. [J Table 2.10.010: Use Regulations - Commercial and Mixed-Use Districts - provides summary of major land uses allowed in each zoning district, whether by right, Administrative Use Permit, or Conditional Use Permit, and provides cross references to other Zoning Code provisions regarding those uses. ND OB:-"1.Comprehensive Zoning Code Update 58 Adoption of New Zoning Code . Title 11- Seal Beach Municipal Code Initial Study and Negative Declaration [J Table 2.10.015: Development Standards - Commercial and Mixed-Use Districts - provides summary of major development standards for each zoning district, and provides cross references to other Zoning Code provisions regarding those development standards. [J Proposes to establish "floor area ratio" standards for all commercial and mixed-use districts. Standards currently exist for only mixed-use districts. [J No changes proposed to current building height and setback standards. Refer to Tables 2.10.015.B and 2.10.015.C.1 through 2.05.015.C.3. [J Section 2.10.015.0: Minimum Yard Requirements: Building Transition Zone Adjacent to Residential Districts - establishes new standards for building transition areas for mixed-use commercial and residential uses to address privacy/neighborhood compatibility issues for residential developments being expressed within the community. [J Section 2.10.015.E: Public Open Space - establishes new standards for the provision of outdoor open space for commercial buildings over 25,000 . square feet in area. Requires open space to be provided at a ratio of 25 square feet per 1,000 square feet of building area, with minimum dimensions of 15 feet, and within 40 feet of and visible from a street-facing property line. a Proposes Administrative Use Permit approval for commercial buildings that are not within 40 feet of and visible from a street-facing property line. [J Section 2.10.015.F: Limitations on Location of Parking - establishes new standards for parking area locations to address street appearance/neighborhood compatibility issues for commercial developments being expressed within the community. [J Section 2.10.015.H: Limitatio,ns on Location of Truck Docks, Loading, and Service Areas - establishes new standards for locations of these types of commercial activities to address street appearance/neighborhood compatibility issues for commercial developments being expressed within the community. [J Section 2.15.015.1: Building Design Features - establishes new standards for "Building Design Features to appearance/neighborhood compatibility issues developments being expressed within the community. address street for commercial . ND 08-1.Comprehensive Zoning Code Update 59 . . . Adoption of New Zoning Code Title 11- Seal Beach Municipal Code Initial Study and Negative Declaration [J See Sections 2.10.015.1.1: Variety in Wall Plane; 2.10.015.1.2: Variety in Roof Forms; 2.10.015.1.3: Variety of Height for Different Massing Elements; 2.10.015.1.4: Modules Articulated by Change in Plane, Color, or Materials; 2.10.015.1.5: Fac;ade Design Incorporates Architectural Detail; and 2.10.015.1.6: Use of Balconies, Bay Windows, and other such Projections or Recesses;. The proposed provisions encourage use of the described design features to allow for some architectural design freedom and diversity in new commercial developments. [J Section 2.10.015.K: Building Orientation - establishes new standards for commercial building orientation to address street appearance/neighborhood compatibility issues for commercial developments being expressed within the community. [J Proposes Administrative Use Permit approval for commercial buildings that are not oriented towards a public street. [J Section 2.10.015.L: Ground Floor Requirements - establishes new standards for ground floor building materials to address street appearance/neighborhood compatibility issues for commercial developments being expressed within the community. [J Section 2.10.015.M: Building Transparency - establishes new standards for commercial building fayade transparency to address street appearance/neighborhood compatibility issues for commercial developments being expressed within the community. [J Section 2.10.015.0: Required Side and Rear Yards for Residential Uses - establishes new standards for residential development as part of a mixed-use project to address neighborhood compatibility issues for mixed- use developments being expressed within the community. [J Chapter 2.15: Light Manufacturing and Oil Extraction Districts. [J Table 2.15.010: Use Regulations - Light Manufacturing and Oil Extraction Districts - provides summary of major land uses allowed in each zoning district, whether by right, Administrative Use Permit, or Conditional Use Permit, and provides cross references to other Zoning Code provisions regarding those uses. ND Oao:1.Comprehensive Zoning Code Update 60 Adoption of New Zoning Code . Title 11- Seal Beach Municipal Code Initial Study and Negative Declaration Cl Table 2.15.015: Development Standards - Light Manufacturing and Oil Extraction Districts - provides summary of major development standards for each zoning district, and provides cross references to other Zoning Code provisions regarding those development standards. No changes proposed to current building height and setback standards. Cl Section 2.15.015.8: Building Design Features - establishes new standards for "Building Design Features to address street appearance/neighborhood compatibility issues for light manufacturing developments being expressed within the community. CJ See Sections 2.15.015.B.1: Variety in Wall Plane; 2.15.015.8.2: Variety of Height for Different Massing Elements; 2.15.015.8.3: Modules Articulated by Change in Plane, Color, or Materials. The proposed provisions encourage use of the described design features to allow for some architectural design freedom and diversity in new light manufacturing and oil extraction developments. Cl Chapter 2.20: Public and Semi-Public Facilities Districts. . Cl Table 2.20.010: Use. Regulations - Public and Semi-Public Facilities Districts - provides summary of major land uses allowed in each zoning district, whether by right, Administrative Use Permit, or Conditional Use Permit, and provides cross references to other Zoning Code provisions regarding those uses. These uses relate to public agency non-park facilities and private golf courses. Cl Establishes new standards for residential uses in conjunction with a private golf course by requiring Conditional Use permit approval for such a proposed land use to address neighborhood compatibility issues being expressed within the community. Cl Chapter 2.25: Open Space, Parks, and Recreation Districts. Cl Table 2.25.015: Use Regulations - Open Space, Parks, and Recreation Districts - provides summary of major land uses allowed in each zoning district, whether by right, Administrative Use Permit, or Conditional Use Permit, and provides cross references to other Zoning Code provisions regarding those uses. These uses relate to public agency sensitive land areas and park facilities. . ND 0S-:1.Comprehenslve Zoning Code Update 61 . . . Adoption of New Zoning Code Title 11- Seal Beach Municipal Code Initial Study and Negative Declaration PART III: o VERLA Y DISTRICT REGULA TIONS: o Chapter 3.05: Residential Conservation Overlay District - maintains current provisions of the Zoning Code currently in Sections 28-850 through 28-856. No changes to current provisions are proposed. o Chapter 3.10: Planned Development Overlay District (-PD) - maintains current provisions of the Zoning Code currently in Sections 28-1100 through 28-1106. No changes to current provisions are proposed. o Chapter 3.15: Commercial/Park Overlay District - maintains current provisions of the Zoning Code currently in Section 28-900. No changes to current provisions are proposed. I:J Chapter 3.20: Coastal Zone Overlay District - reserves a Chapter for future adoption upon certification of a Local Coastal Plan and Implementing Actions Ordinance by the City Council and the California Coastal Commission. PART IV: REGULATIONS APPL YING IN SOME OR ALL DISTRICTS: o Chapter 4.05: Standards for Specific Uses - Sets forth both permit approval requirements and development standards for many uses that can occur within different zoning districts of the community. o Section 4.05.010: Accessory Business Uses and Activities - sets forth minimum standards for development and operation of accessory manufacturing and retail sales and service uses. Includes provisions regarding exterior appearance, public access, floor area limitation, criteria for approval, allowable incidental bus'iness activities and prohibited uses, permit requirements, and development standards. o Sub-section D: Allowable Incidental BUSiness Activities - includes revisions to language regarding live, unamplified tableside entertainers. o Section 4.05.015: Alcoholic Beverage Establishments - sets forth permit requirements and references development standards for any alcohol sales establishment in the City. Maintains current Conditional Use Permit approval process by Planning Commission. ND Olt-.1.Comprehensive Zoning Code Update 62 Adoption of New Zoning Code . Title 11- Seal Seach Municipal Code Initial Study and Negative Declaration CI Section 4.05.020: Animal Keeping - sets forth number and location standards for keeping of animals in non-commercial situations. CI Section 4.05.025: Assisted Living Facilities - sets forth permit requirements and development standards for any such use in the City. Maintains current Conditional Use Permit approval process by Planning Commission. CI Section 4.05.030: Automated Teller Machines (ATMs) - sets forth permit requirements and development standards for any such use in the City. Requires Administrative Use Permit approval process consideration by Director of Development Services. CI Section 4.05.035: Automobile Service Station - sets forth permit requirements and development standards for any such use in the City. Updates current development standards and proposes new requirements for a "tow service" conducted at an automobile service station. Maintains current . Conditional Use Permit approval process by Planning Commission. CI Section 4.05.040: AutomobileNehicle Sales and Services - sets forth development standards for any such use in the City. Updates current development standards and proposes new requirements for a "tow service" conducted at an automobile/vehicle sales and service location. CI Section 4.05.045: Child Day Care Facilities - sets forth permit requirements and development standards for any such use in the City. Updates current development standards and proposes new requirements. Includes provisions regarding neighborhood complaints regarding the conducting of such a use. Maintains current Conditional Use Permit approval process by Planning Commission. Cl Section 4.05.050: Drive-In and Drive-Through Facilities - sets forth permit requirements and development standards for any such use in the City. Updates current development standards and proposes new requirements. Maintains current Conditional Use Permit approval process by Planning Commission. Cl Section 4.05.055: Extended Hour Businesses - sets forth permit requirements and development standards for any such use in the City. . Updates current development standards and proposes new requirements. Includes provisions regarding neighborhood complaints regarding the ND 08-1.Comprehensive Zoning Code Update 63 . . . Adoption of New Zoning Code Title 11- Seal Beach Municipal Code Initial Study and Negative Declaration conducting of such a use. Maintains current Conditional Use Permit approval process by Planning Commission. Note: the definition of such a use is proposed to be modified to now encompass business's operating between 11 PM and 6 AM. The current Zoning Code provisions apply to a business operating between 2 AM and 6 AM. [J Section 4.05.060: Home Occupations - sets forth permit requirements and development standards for any such use in the City. Updates current development standards and proposes new requirements. Allows such uses as a permitted use or requires Administrative Use Permit approval process consideration by the Director of Development Services. Specifies limitations on uses and intensity of use that can be permitted by right. [J Sub-section 0: Home Occupations Requiring an Administrative Use Permit - includes revision to language regarding teaching of organized classes and music instruments. [J Section 4.05.065: Kiosks - sets forth permit requirements and establishes development standards for any such use in the City. Allows such uses subject to Administrative Use Permit approval process consideration by the Director of Development Services. Specifies location, architectural design, and other standard conditions to conduct such a use. [J Section 4.05.070: Liquor Stores - sets forth permit requirements and references development standards for any liquor store sales establishment in the City. Maintains current Conditional Use Permit approval process by Planning Commission. [J Section 4.05.075: Manufactured Housing - sets forth permit requirements and development standards for any such use in the City. Updates current development standards and proposes new requirements. Allows such uses as a permitted use in accordance with provisions of State law. [J Section 4.05.080: Meeting Facilities, Private Schools, and Similar Institutional Uses - sets forth permit requirements and development standards for any such use in the City. Updates current development standards and proposes new requirements. Includes provisions regarding neighborhood compatibility. Maintains current Conditional Use Permit approval process by Planning Commission. Provisions do not apply to public education facilities. ND 08~1.Comprehenslve Zoning Code Update 64 Adoption of New Zoning Code . Title 11- Seal Beach Municipal Code Initial Study and Negative Declaration CJ Section 4.05.085: News and Flower Stands - sets forth permit requirements and establishes development standards for any such use in the City. Allows such uses subject to Administrative Use Permit approval process consideration by the Director of Development Services. Specifies location, architectural design, and other standard conditions to conduct such a use. CJ Section 4.05.090: Outdoor Dining, Display, and Sales Standards - sets forth permit requirements and establishes development standards for such uses in the City. Allows such uses subject to either Administrative Use Permit or Conditional Use Permit approval process consideration by the Director of Development Services or Planning Commission, respectively. Specifies location, architectural design, and other standard conditions to conduct such uses. CJ Section 4.05.090.A: Temporary Outdoor Displays and Sales - requires Administrative Use Permit approval process consideration by the Director of Development Services. Sets forth specific standards and operational requirements to be met. . CJ Section 4.05.090.B: Accessory Outdoor Display - requires Administrative Use Permit approval process consideration by the Director of Development Services. Sets forth specific standards and operational requirements to be met. CJ Section 4.05.090.C: Permanent Outdoor Displays and Sales - requires Conditional Use Permit approval process consideration by the Planning Commission. Sets forth specific standards and operational requirements to be met. CJ Section 4.05.090.0: Outdoor Dining and Seating Areas - Allows such uses subject to either Administrative Use Permit or Conditional Use Permit approval process consideration by the Director of Development Services or Planning Commission, respectively. Specifies location, architectural design, operations, and other standard conditions to conduct such uses. Sets forth specific site development standards and operational requirements to be met. a Outdoor Dining Areas not exceeding 12 seats - Administrative Use Permit approval required. a Outdoor Dining Areas exceeding 12 seats - Conditional Use Permit approval required. a Alcoholic Beverage Sales - Conditional Use Permit approval required. a Amplified Sound and Music - Conditional Use Permit approval . required. a Outdoor Cooking - Conditional Use Permit approval required. ND 0S:-1.Comprehensive Zoning Code Update 65 . Adoption of New Zoning Code Title 11- Seal Beach Municipal Code Initial Study and Negative Dec/al'iltion l:J Compliance with Standard Conditions for Alcohol Related Land Uses - City Council Policy 600-1. l:J Section 4.05.095: Recycling Facilities - sets forth specific standards and operational requirements to be met for the following facilities: l:J Reverse Vending Machines; l:J Recycling Collection Point; and l:J Recycling Processing Facility. l:J Section 4.05.100: Residential Accessory Uses, Structures, and Vehicle Parking - provides standards for residential accessory uses and structures allowed in the zoning district applicable to a parcel (see Table 2.05.015: Development Standards for Residential Districts). Accessory uses include any use that is customarily related to a residence, including carports, garages, greenhouses, storage sheds, studios, above ground swimming pools/spas, and workshops. Requirements are proposed for: l:J Garage Sales - Section 4.05.100.B. l:J Attached Accessory Structures - Section 4.05.100.C. l:J Detached Accessory Structures - Section 4.05.100.0. Includes limitation on total area of such structures. See Table 4.05.100.0.4: Maximum Lot Coverage - Detached Accessory Structures. l:J Driveways, Walkways, and Patios - Section 4.05.100.E. l:J Mechanical Equipment - Section 4.05.100.F. l:J Antennas - Section 4.05.100.G. l:J Garages - Section 4.05.100.H. l:J Guest Rooms and Pool Houses - Section 4.05.100.1. Limitations on number and height of such structures; otherwise a Conditional Use Permit is required. l:J Swimming Pools/Spas/Hot Tubs - Section 4.05.100.J. [J Minor Accessory Structures - Freestanding Barbecues/Fireplaces, Sculptures, and Fountains,: etc. - Section 4.05.100.K. Establishes limitations on location and height of such structures; otherwise an Administrative Use Permit is required. [J Tennis and Other Recreational Courts - Section 4.05.100.L. Requires Administrative Use Permit approval to establish such facilities. [J Workshops or Studios - Section 4.05.100.M. [J Tents and Portable Shelter Structures - Section 4.05.100.N. l:J Restrictions on Residential Parking within Residential Districts - Section 4.05.100.0. Establishes limitations on the area of a lot that can be utilized for the storage and parking of recreational vehicles and boats; see Section 4.05.100.0.2: Recreational Vehicles and Boats. . . ND 0S::1.Comprehensive Zoning Code Update 66 Adoption of New Zoning Code . Title 11- Seal Beach Municipal Code Initial Study and Negative Declaration [J Driveway Standards - Section 4.05.100.P. [J Section 4.05.105: Residential Care Facilities - sets forth specific standards and operational requirements to be met for such uses. [J Section 4.05.110: Residential Uses - Multi-Unit Project Standards - sets forth specific standards and operational requirements to be met for private and common open space areas, and other facilities such as laundry facilities, storage areas, and solid waste recycling facilities. See also Table 4.05.11 0.B.1: Multi-Unit Open Space Requirements. [J Section 4.05.115: Residential Uses - Second Dwelling Units - maintains current standards that are in accordance with the requirements of State law. [J Section 4.05.120: Restaurant - Alcohol Sales - sets forth permit requirements and references development standards for any alcohol sales establishment in the City. Maintains current Conditional Use Permit approval . process by Planning Commission. [J Section 4.05.125: Senior Citizen Apartments and Independent Living Facilities - sets forth specific standards and operational requirements to be met for Senior Citizen Apartments and Independent Living Facilities. Requires Conditional Use Permit approval by the Planning Commission to establish such a use. See also Table 4.05.125: Senior Citizen Residential Project Development Features. [J Section 4.05.130: Temporary Structures, Trailers, and Modular Units - requires Administrative Use Permit approval by the Director of Development Services to establish such a use. [J Section 4.05.135: Vacation Rentals - requires Conditional Use Permit approval by the Planning Commission to establish such a use and sets forth required development and operational standards. [J Section 4.05.140: Warehouse Retail and Large-Scale Commercial Projects - proposes new standards for retail structures over 20,000 square feet in size. Standards are proposed regarding the following: [J Design and Development Standards - Section 4.05.140.8. [J Section 4.05.140.B.1.a: Exterior Wall Appearance and Details; . [J Section 4.05.140.8.1.b: Horizontal Wall Articulation; [J Section 4.05.140.B.1.c: Vertical Wall Articulation; NO Oa;.1.Comprehensive Zoning Code Update 67 . Adoption of New Zoning Code Title 11- Seal Beach Municipal Code Initial Study and Negative Declaration Cl Section 4.05.140.8.1.d: Roof Lines; Cl Section 4.05.14O.8.1.e: Windows; Cl Section 4.05.140.8.1.f: Location of Secondary Uses; Cl Section 4.05.140.8.2: Landscaping; Cl Section 4.05.140.8.3: Outdoor Lighting; and Cl Section 4.05.140.8.4: Signs. Cl Chapter 4.10: General Site Standards - Sets forth standards for specific uses that are permitted or conditionally permitted in several or all districts, and specific site standards that apply to several or all districts. Cl Section 4.10.010: Development on Lots Divided by District 80undaries - sets forth standards for determining applicable regulations when district boundaries are unclear. . Cl Section 4.10.015: Mechanical Equipment Screening - requires mechanical and electrical equipment and antennas to be screened or incorporated into the building design so as not to be visible from the view of a person standing on the property line on the far side of an adjacent public street. . Cl Section 4.10.020: Performance Standards - sets forth performance standards for: Cl Lighting - See Table 4.10.020.A: Outdoor Parking Area Illumination levels by Use (Average Foot Candles), which proposes new illumination standards for parking lots throughout the City. This section also allows the Director to require photometric plans to ensure compliance with lighting standards. . Cl Noise - See Table 4.10.020.8.2: Outdoor Noise Levels, and Table 4.10.020.8.3: Indoor Noise Levels which proposes noise level standards for both areas of concern that are consistent with the requirements of State law throughout the City~ This section also allows the Director to require noise studies to ensure compliance with noise standards. Cl Fire and Explosion Hazards - existing City requirements. Cl Radioactivity or Electrical Disturbances - existing City requirements. Cl Vibration - existing City requirements. Cl Smoke, Particulate Matter, Odor and Other Air Contaminants - existing City requirements. Cl Humidity, Heat and Cold - existing City requirements. Cl Storm Drainage and Storm Water Runoff - ensures compliance with Federal and State law requirements of the National Pollution Discharge Elimination System (NPDES) permit issued by the California Regional ND Oa:.'1.Comprehensive Zoning Code Update 68 Adoption of New Zoning Code . Title 11- Seal Beach Municipal Code Initial Study and Negative Declaration Water Quality Control Board. Discharges are required to comply with Chapter 9.20: Storm Water Management Program, Chapter 9.25: Fats, Oil and Grease Management and Discharge Control, Chapter 9.30: Sewerage, Chapter 9.35: Water, and Chapter 9.50: Grading of the Municipal Code. [J Section 4.10.025: Recycling and Solid Waste Facilities - requires specified new development projects, new residential projects of 5 or more units, or new public facilities to include adequate, accessible and convenient areas for collecting, storing and loading recyclable materials, subject to specified requirements. See Table 4.1 0.025.C.1: Residential Development Storage Requirements, and Table 4.10.025.C.2: Non-Residential Development Storage Requirements for size requirements. Also includes standards for location, orientation, materials, design, and construction. [J Section 4.10.030: Swimming Pools and Hot Tubs - maintains current development standards for residential districts. Requires Administrative Use . permit approval by the Director for non-public pools in non-residential locations (swimming pool at a hotel, private country club, etc.) and Conditional Use Permit approval by the Planning Commission for a public swimming pool. [J Section 4.10.035: Underground Utilities - requires compliance with the provisions of Title 9, Public Properly, Public Woms and Building Regulations, Section 9.55: Underground Utilities and Title 10: Subdivisions, of the Municipal Code. [J Section 4.10.040: Street and Highway Dedications and Improvements - requires road dedication and public road improvements to the standards set forth in Article 10: Subdivisions, and Chapter 9.55: Underground Utilities, of the Municipal Code and to the requirements of the City Engineer. Allows certain minor additions to structures without complying with the specified standards by Conditional Use Permit approval by the Planning Commission. [J Section 4.10.045: Solar Energy Systems - sets forth installation standards for solar energy systems. [J Chapter 4.15: Fences, Hedges and Walls - Sets forth standards for fences, hedges and walls that apply to several or all districts. . ND 08-1.Comprehensive Zoning Code Update 69 . . . Adoption of New Zoning Code Title 11- Seal Beach Municipal Code Initial Study and Negative Declaration Cl Section 4.15.010: General Height Limitations - sets forth standards for allowable fence, hedge and wall heights throughout the City. With the exception of a proposed increase in the general height from 6-feet to 7 -feet for side and rear property line walls and fences, maintains all current standards. See Table 4.15.01 0.A.1 : Allowable Heights, and Table 4.15.010.A.2: Allowable Heights - Specific Locations. Cl Section 4.15.015: Height Limitations for Retaining Walls - sets forth standards for retaining walls within the City. Includes multiple retaining wall separation and landscape/irrigation standards. Includes the current standards for the "Gold Coast" and for homes that rear to "Gum Grove Park" and the Hellman wetland areas adjacent to Avalon, Catalina, Crestview, and Surf Place. Cl Section 4.15.020: Measurement of Fence or Wall Height - sets forth standards on how fence or wall height is determined. Cl Section 4.15.025: Special Wall and Fencing Requirements - sets forth standards for: Cl Swimming Pools, Spas, and Similar Features; Cl Walkway and Driveway Architectural Features - proposed new standards; Cl Outdoor Equipment, Storage and Work Areas; Cl Sport Facility and Golf Course Fencing; Cl Temporary Fencing; and Cl Fence and Wall Design Cl Section 4.15.030: Restrictions on Fence Materials - sets forth provisions for security and chain link fences. Cl Section 4.15.035: Authority :to Waive or Modify Requirements: Restrictions on Fence Materials - provides for Administrative Use Permit approval by the Director for requested modification to Section 4.15.030. I:J Chapter 4.20: Off-Street Parking and Loading - Sets forth parking standards that apply to several or all districts, depending on the applicable land use. El Section 4.20.010: Review Procedure - requires parking plans and development to be approved by the Director. ND Oa::1.Comprehensive Zoning Code Update 70 Adoption of New Zoning Code Title 11- Seal Beach Municipal Code Initial Study and Negative Declaration [J Section 4.20.015: Required Off-Street Parking Spaces - sets forth required parking standards for identified land uses throughout the City. Other than a proposed change for "single-unit dwelling" no changes to current requirements are proposed. See Table 4.20.015.A.1: Required Parking, and Table 4.20.015.A.2: Required Parking - Main Street Specific Plan. Zone District. [J The proposed change for "single-unit dwellings" is from a 2-space requirement rega~dless of the number of bedrooms to a sliding scale based on the number of bedrooms. Single family homes up to 4 bedrooms would need to provide 2 spaces, homes with 5 bedrooms would be required 3 spaces, homes with 6 bedrooms would be required 4 spaces, etc. See also proposed Section 2.05.015.W.4: Required Garage Exception - RLD-9 District. This section allows for the provision of 1 of the required parking spaces in the RLD-9 District (the Hill, College Park East and College Park West) to be provided on a driveway in front of a garage with a roll-up door if the driveway has a minimum areas of 18- feet wide and 18-feet in length. [J Section 4.20.020: Parking Reductions - sets forth standards regarding the following allowable parking reduction programs: [J Section 4.20.020.A: Shared Parking - allows "shared parking agreements" to be approved by Administrative Use Permit by the Director. Requires additional findings and allows for the Director to require a "Parking Demand Study" to be prepared. [J Section 4.20.020.B: Other Parking Reductions - allows "other parking reductions" to be approved by Conditional Use Permit by the Planning Commission. Requires additional findings and allows for the Director to require a "Parking Demand Study" to be prepared. ' [J Section 4.20.020.0: Main Street Specific Plan District In-Lieu Parking Program - maintains current provisions of this parking program. No revisions are proposed. ' . . [J Section 4.20.025: General Parking Design Standards - sets forth design and layout standards for all parking areas and includes provisions regarding: [J Section 4.20.025.8: Property on Which Parking and Loading Must Be Provided - requires parking to be located on the same lot as the use the parking serves and also maintains the current requirement that the Planning Commission may consider a Conditional Use Permit to provide parking on another lot within 300 feet of the use served. Requires . additional findings to be made by the Planning Commission. ND 0S"-1.Comprehensive Zoning Code Update 71 . Adoption of New Zoning Code Title 11- Seal Beach Municipal Code Initial Study and Negative Declaration . CJ Section 4.20.025.C: Minimum Parking Space Dimensions; Standard - codifies design standards for standard size parking spaces for different parking lot layouts. See also Table 4.20.025.C: Parking Area Space Dimensions for Automobiles - Standard Spaces, Figure 4.20.025.C.1: Parking Space Typical Layouts, and Figure 4.20.025.C.2: Standard Size Parking Space Dimensions. CJ Section 4.20.025.D: Minimum Parking Space Dimensions; Compact - codifies design standards for compact size parking spaces for different parking lot layouts. Maintains current provisions that allow up to 25% of required parking spaces to be compact sized spaces. See also Table 4.20.025.D: Parking Area Space Dimensions for Automobiles - Compact Spaces. CJ Section 4.20.025.E: Standards for Disabled Parking Spaces - references requirements of the California Building Code (which specify the number and design standards for disabled parking spaces) and sets forth requirements to upgrade marking of disabled spaces if required by amendments to the California Building Code. CJ Section 4.20.025.H: Direction of Vehicle Ingress/Egress - sets forth standards and imposes new design standards for commercial center parking lot entrances for lots with more than 200 parking spaces. See Figure 4.20.025.H: Main Entrance for Commercial Center Parking Lots having more than 200 Parking Spaces. CJ Section 4.20.025.1: Pedestrian Walkways - sets forth design standards for pedestrian walkways within parking lot areas. CJ Section 4.20.025.J: Surfacing - general provisions regarding paving and use of landscaping. CJ Section 4.20.025.K: Drainage - requires parking lot drainage to be contained within the parking lot area and in accordance with storm water quality standards. CJ Section 4.20.025.L: Landscaping - refers to the landscaping requirements set forth in Chapter 4.30: Landscaping and Buffer Yards. CJ Section 4.20.025.M: Screening - refers to the landscaping and screening requirements set forth in Chapter 4.30: Landscaping and Buffer Yards: Section 4.30.015.F: Landscaped Buffer for Open Parking Abutting Public Right-of-Way. CJ Section 4.20.025.N: Lighting - sets forth standards for lighting of parking lots and refers to Section 4.10.p20.A: Lighting. CJ Section 4.20.025.0: Wheel Stops and Curbing - sets forth standards for use of wheel stops and curbing around landscaped areas. CJ Section 4.20.025.P: Markings - sets forth marking requirements for parking spaces striping, directional arrows, etc. . ND 08-1.Comprehenslve Zoning Code Update 72 Adoption of New Zoning Code . Title 11- Seal Beach Municipal Code Initial Study and Negative Declaration [J Section 4.20.025.Q: Utilization of Required Parking Spaces - prohibits use of parking areas, driveways, and landscaped areas for the storage of material/merchandise. [J Section 4.20.030: Driveways - sets forth standards for driveways, including visibility requirements at street intersections or right-of-way lines. See Figure 4.20.030.A: Parking Lot Design Standards and Figure 4.20.030.8: Driveway Visibility. [J Section 4.20.035: Required Off-Street Loading - sets forth new standards for loading areas when required (buildings 10,000 square feet or larger). Establishes requirement for customer loading spaces for Building material and Home Improvement Sales and Service Stores over a specified size. Includes design and location standards, including screen walls and noise attenuation provisions. Requires Administrative Use Permit approval by the Director for exceptions to specified standards. [J Section 4.20.040: Parking Structures - establishes new standards for . design of parking structures within the City. Requires Conditional Use Permit approval by the Planning Commission for parking structures city-wide. [J Section 4.20.045: Required Bicycle Parking - establishes new standards for the provision of bicycle parking at non-residential and residential multi- family developments within the City. Sets forth design standards. [J Chapter 4.25: Signs - Sets forth sign standards that apply to several or all districts, depending on the applicable land use and zoning district. [J Section 4.25.010: Exempt Signs - specifies signs that are exempt from the provisions of the Chapter. [J Section 4.25.015: Prohibited Signs - sets forth provisions regarding sign types that are prohibited in the City, including animated or moving signs, off- premise signs, roof signs, and specified signs in the public right-of-way. See also Figure 4.25.015.F: Roof Signs. [J Section 4.25.020: Temporary Banners - maintains current City requirements regarding permit requirements for temporary banners. . ND 08"-1.Comprehensive Zoning Code Update 73 . . . Adoption of New Zoning Code Title 11- Seal Beach Municipal Code Initial Study and Negative Declaration [J Section 4.25.025: Signs - Commercial, Mixed-Use, and Other Non- Residential Districts - sets forth current sign standards for commercial, mixed-use and other non-residential districts, except as noted below: [J Section 4.25.025.A: Allowable Signs Per Commercial Activity and Per Shopping Center Location - LC/RMD, PO, MSSP, SC, GC, LM and OE Districts - See also Table 4.25.025.A: Standards for Signs in Commercial, Mixed-Use, and Other Non-Residential Districts and as defined in Chapter 6.05: Terms and Definitions, under "Sign Types." The signs erected on a site may be any combination of permitted sign types, subject to the limitations for individual sign types listed in this Section and any other provisions of this Chapter. [J Section 4.25.025.0.4: Marquee Signs - establishes new standards for this sign type and requires Administrative Use Permit approval by the Director for height and specified lighting exceptions. CI Section 4.25.025.0.5: Portable A-Frame Signs - establishes !!!W standards for this sign type and does not permit such signs on public property. [J Section 4.25.025.0.9: Main Street Specific Plan District - Additional Requirements - maintains current sign standards and regulations. Requires Conditional Use Permit approval by the Planning Commission for multi-tenant structures and a "Planned Sign Program" for 4 or more separate tenant spaces. CI Section 4.25.030: Signs - Residential Districts - maintains current regulations for signs in residential districts of the City. [J Section 4.25.035: Temporary Signs - establishes requirements for temporary non-commercial and commercial signs citywide. Provisions comply with court decisions regarding freedom of expression and speech. CI Section 4.25.040: General Provisions for All Sign Types - retains all current requirements regarding: [J Calculation of Sign Area - set forth in Section 4.25.040.A. [J Materials - set forth in Section 4.25.040.B. CI Illumination - set forth in Section 4.25.040.C. [J Illumination, Main Street Specific Plan District - set forth in Section 4.25.040.D. [J Changeable Copy - set forth in Section 4.25.040.E. [J Code Compliance - set forth in Section 4.25.040.F. ND 0~1.Comprehenslve Zoning Code Update 74 Adoption of New Zoning Code . Title 11- Seal Beach Municipal Code Initial Study and Negative Declaration CJ Section 4.25.045: Procedures for Sign Approval - retains all current requirements regarding procedures for sign approvals. Also includes new provisions regarding "Exceptions to Standards" (Section 4.25.045.F), and requires Conditional Use Permit approval by the Planning Commission for requested exceptions. CJ Section 4.25.050: Maintenance and Administrative Removal of Signs - maintains current standards and updates standards by referencing certain California construction codes. CJ Section 4.25.055: Legibility of Signs - maintains current provisions of Zoning Code. CJ Section 4.25.060: Materials - maintains current provisions of Zoning Code. CJ Section 4.25.065: Changeable Copy - maintains current provisions of Zoning Code. CJ Section 4.25.070: Historic Signs - maintains current provisions of Zoning Code. . CJ Section 4.25.075: Illegal Signs - maintains current provisions of Zoning Code. CJ Chapter 4.30: Landscaping and Buffer Yards - Sets forth landscaping standards that apply to several or all districts, depending on the applicable land use and zoning district. CJ Section 4.30.010: Landscape and Irrigation Plans - specifies new provisions for preparation and submission of landscape and irrigation plans. Cl Section 4.30.015: Areas to be Landscaped - sets forth standards for areas on a lot to be landscaped. See Table 4.30.015.A: Amount of Landscaping Required. CJ Section 4.30.015.B: Street Side and Street Rear Property Line Walls - proposes new standards for landscaped pockets as part of new "Street Side and Street Rear Property Line Walls." Q Section 4.30.020: General Landscaping Standards - sets forth new . landscaping standards regarding landscape design, plant material, and irrigation system requirements. ND 08-1.Comprehensive Zoning Code Update 75 . . . Adoption of New Zoning Code Title 11- Seal Beach Municipal Code Initial Study and Negative Declaration a Section 4.30.025: Parking Lot Landscaping Standards - retains existing standards and proposes additional standards for parking lot landscaping in the following areas of concern: a Section 4.30.025.A: Landscape Area Required - requires a minimum of 15 percent of the parking lot area to be landscaped. a Section 4.30.025.B: Required Trees - requires minimum size of trees per number of parking spaces. a Section 4.30.025.C: Parking Lot Tree Shading - requires that within 15 years after establishment of a parking lot that at least 50 percent of the parking area will be shaded. a Section 4.30.025.0: Layout - sets forth specific design standards for parking lot landscaped areas. See Figure 4.30.025.A: Minimum Dimensions of Required Parking Lot Landscaping. a Section 4.30.025.E: - Size of Tree Planting Spaces. a Section 4.30.025.F: Landscaped Buffer for Open Parking Abutting Public Right-of-Way - requires certain design standards regarding landscape width and/or screen walls where parking areas abut public roads. a Section 4.30.025.G: Landscaped Buffer for Open Parking Abutting Interior Lot Line - requires certain design standards regarding landscape width where parking areas abut an interior lot line. a Section 4.30.025.H: Protection of Vegetation - requires specified standards to protect landscape vegetation within parking lots. a Section 4.30.030: Required Street Trees - requires street trees to be planted at a ratio of at least 1 tree for each 25 feet of public street frontage. a Section 4.30.035: Landscape Installation and Maintenance - provides new standards for timing of installation of landscaping, maintenance, and enforcement. a Section 4.30.040: Buffer Yards - establishes new standards for provision of landscaped buffer yards between specified types of development. a Section 4.30.040.C: Required Buffer Yards - Minimum Dimensions and Standards - establishes new standards for size and design of required buffer yards. See Table 4.30.040.A: Required Buffer Yards and Figure 4.30.040.C:. Buffer Yards. Establishes additional standards for: a Location; a Landscaping; ND 0/5J1.Comprehensive Zoning Code Update 76 Adoption of New Zoning Code . Title 11- Seal Beach Municipal Code Initial Study and Negative Declaration Cl Screening Walls; Cl Uses of Buffer Yards; Cl Buffer Yard Plan; and Cl Maintenance. Cl Section 4.30.045: Water Efficient Landscaping - establishes new standards in compliance with requirements of State law regarding water efficient landscaping. Provisions relate to: Cl Applicability; Cl Plant Selection, Water Features, and Use Limitation; Cl Soil Conditioning and Mulching; Cl Irrigation; Cl Documentation for Compliance; and Cl Alternative Provisions. Cl Section 4.30.050: Invasive Plant Species - prohibits plant species listed as problematic and/or invasive by the California Native Plant Society, the California Exotic Pest Plant Council, or as may be identified from time to time . by the State of California and plant species listed as a "noxious weed" by the State of California or the U.S. Federal Government. Cl Chapter 4.35: Coastal Development Permit - this Chapter is reserved and will be prepared upon approval of the Local Coastal Plan and its Implementing Ordinances by the California Coastal Commission. Cl Chapter 4.40: Nonconforming Uses, Structures, and Lots - this Chapter sets forth current regulations regarding nonconforming uses, structures, and lots. New provisions are proposed to deal with certain non-conformities as a result of the adoption of this Zoning Code. Cl Section 4.40.010: Maintenance and Repair of Nonconforming Structures - maintains current provisions of the Zoning Code regarding maintenance and repair activities. Cl Section 4.40.015: Minor Improvements to Nonconforming Residential Structures - maintains current provisions of the Zoning Code. Cl Section 4.40.020: Structural Alterations or Additions to Single Unit Residences Require a Conditional Use Permit (All Residential Districts) . Cl Section 4.40.020.A: Conditionally Permitted Alterations and Additions - maintains current provisions regarding structural alterations or ND 08:-1.Comprehensive Zoning Code Update 77 . . . Adoption of New Zoning Code Title 11- Seal Beach Municipal Code Initial Study and Negative Declaration additions to any single unit residence. A Conditional Use Permit would now be required, as the Minor Plan Review process has been eliminated in the new Zoning Code. Also includes new provisions regarding the following additional design requirements that do not need to be met for the existing structure to allow the requested alteration or addition: CI Fayade articulation, and CI Additional front stepback above 14 feet. CI Section 4.40.025: Valuation of Improvements - maintains current provisions of the Zoning Code. CI Section 4.40.030: Nonconforming Multi-Unit Residential and Nonresidential Structures May Not Be Structurally Altered or Expanded; and Exceptions - combines language from several different existing provisions into a single Section. No changes of current Zoning Code provisions are proposed. Cl Section 4.40.035: Changes, Substitutions or Expansions of Nonconforming Uses - establishes new provisions, all of which require Conditional Use Permit approval by the Planning Commission, regarding the following types of non-conforming situations: CI Section 4.40.035.A: Replacement with a More Conforming Use. CI Section 4.40.035.8: Expansion Within a Conforming Structure. CI Section 4.40.035.C: Expansion within a Nonconforming Structure. CI Section 4.40.035.0: Expansion within a Structure That Does Not Conform to the California Building Code. Cl Section 4.40.040: Conditional Use Permit to Change Nonconforming Status - sets forth new provisions to allow a Conditional Use Permit approval by the Planning Commission for a request to conform a use that became non- conforming upon the adoption of an ordinance that requires a use permit for the previously allowable use. . Provides a 1-year time to submit the application. Cl Section 4.40.045: Abandonment of Nonconforming Uses; Conditional Use Permit for Reestablishment of Abandoned Uses - sets forth new provisions to allow a Conditional Use Permit approval by the Planning Commission for a request to reestablish an abandoned, non-conforming use, in a conforming structure. ND 08~1.Comprehensive Zoning Code Update 78 Adoption of New Zoning Code . Title 11- Seal Beach Municipal Code In~al Study and Negative Declaration Cl Section 4.40.050: Restoration of Damaged Nonconforming Uses and Structures - generally maintains current provisions of the Zoning Code. Specific amendments are discussed and highlighted. Cl Section 4.40.050.A: Damage Equal to or Less than 50 Percent - retains current provisions of the Zoning Code. Cl Section 4.40.050.B: Residential Structure - Damage Greater than 50 Percent - retains current provisions of Zoning Code. Cl Section 4.40.050.C: Administrative Use Permit; Non-Residential Structure Damaged More then 50 Percent - retains current provisions of Zoning Code. Cl Section 4.40.050.0: Director and Building Official Review - Legality of Existing Improvements - retains current provisions of the Zoning Code. Cl Section 4.40.050.E: Alternate Procedures After a Natural Disaster - sets forth new Drovisions regarding the authority of the City Council to adopt alternative procedures for the approval of the reconstruction of nonconforming structures damaged by a natural disaster. See also Part I: . General Provisions; Section 1.05.020: Application During Local Emergency. Cl Section 4.40.050.F: Reassessment Procedure - retains current provisions of the Zoning Code. Cl Section 4.40.055: Nonconforming Historic Buildings - maintains current provisions of the Zoning Code. Cl Section 4.40.060: Nonconforming Use of Land Where No Structure Involved - maintains current provisions of the Zoning Code. Cl Section 4.40.065: Nonconforming Lots - maintains current provisions of the Zoning Code. See also Table 4.40.065: Minimum Legal Area and Dimensions of Lots of Record. .. Cl Chapter 4.45: Transportation Demand Management - this Chapter sets forth current regulations regarding Transportation Demand Management. No changes to the current provisions of the Zoning Code are proposed. Cl Chapter 4.50: Adult Businesses - this Chapter sets forth regulations regarding adult businesses. Provisions that are proposed that are in full compliance with Federal court decisions regarding this land use. . ND 0s..1.Comprehenslve Zoning Code Update 79 . . . Adoption of New Zoning Code Title 11- Seal Beach Municipal Code Initial Study and Negative Declaration Cl Chapter 4.55: Affordable Housing Bonus - this Chapter sets forth current regulations regarding affordable housing bonus provisions in accordance with the provisions of State law. Cl Chapter 4.60: Hazardous Waste Facilities - this Chapter sets forth current regulations regarding hazardous waste facilities that are in compliance with a county-wide management program for such facilities. No changes to the current provisions of the Zoning Code are proposed. Cl Chapter 4.65: Tattoo Establishments - this Chapter sets forth current regulations regarding tattoo establishments. No changes to the current provisions of the Zoning Code are proposed. Cl Chapter 4.70: Wireless Telecommunications Facilities - this Chapter sets forth regulations regarding wireless telecommunications facilities that are in compliance with both Federal and State regulations regarding this land use. Cl Chapter 4.75: Common Interest Developments - this Chapter sets forth regulations regarding common interest developments. No changes to the current provisions of the Zoning Code are proposed. Cl Chapter 4.80: Condominium Conversions - this Chapter sets forth current regulations regarding condominium conversions. Minor changes to the current provisions of the Zoning Code are proposed to conform to State law requirements. Cl Chapter 4.85: Use Classifications' - this Chapter sets forth new provisions that generally describe types of land uses for the following use classifications that are referred to throughout the proposed Zoning Code: Cl Section 4.85.015: Residential Use Classifications. Cl Section 4.85.020: Public, Semipublic and Service Use Classifications. Cl Section 4.85.025: Commercial Use Classifications. Cl Section 4.85.030: Industrial Use Classifications. Cl Section 4.85.035: Transportation, Communication, and Utilities Use Classifications. Cl Section 4.85.040: Agriculture Use Classifications. NO 08~1.Comprehensive Zoning Code Update 80 Adoption of New Zoning Code . Title 11- Seal Beach Municipal Code Initial Study and Negative Declaration PART V: LAND USE AND ZONING DECISIONS: Cl Chapter 5.05: Review Authority - Sets forth both permit approval requirements and responsibilities for the City Council, Planning Commission, Director of Development Services, and City Building Official. Cl Section 5.05.005: City Council - sets forth responsibilities of the City Council regarding zoning and land use development approvals. Cl Section 5.05.010: Planning Commission - sets forth responsibilities of the Planning Commission regarding zoning and land use development approvals. Cl Section 5.05.015: Director of Development Services - sets forth responsibilities of the Director of Development Services regarding zoning and land use development approvals. Cl Section 5.05.020: City Building Official - sets forth responsibilities of the City Building Official regarding zoning and land use development approvals. . Cl Section 5.05.025: Review Authority - sets forth the review authority regarding zoning and land use development approvals. See Table 5.05.025: Review Authority, which identifies the city official or body responsible for reviewing and making decisions on each type of application, land use permit, and other entitlements required by this Zoning Code. Cl Chapter 5.10: General Procedures - Sets forth general procedures for processing applications for a change in land use entitlements or development project approvals. Generally reflects current provisions of the Zoning Code, with some revisions based on previous City Council and Planning Commission direction. The major procedural change encompassed within the proposed Zoning Code is the "Administrative Use Permit' process, which does not currently exist, but generally replaces the current "Minor Plan Review' and "Height Variation" processes and changes the approving body from the Planning Commission to the Director of Development Services. l;J Section 5.10.025: Public Notification - sets forth public notice requirements regarding discretionary zoning and land use development approvals. . Cl Section 5.10.025.A: Mailed Notices, Administrative Use Permit Matters - requires notice of the subject matter to be mailed to all property NO Os.1.Comprehensive Zoning Code Update 81 . . . Adoption of New Zoning Code Title 11- Seal Beach Municipal Code Initial Study and Negative Declaration owners of record and building occupants within a 300-foot radius of the proposed project. This notice requirement is the current requirement for Public Hearing Notices. Cl Section 5.10.025.8: Mailed Notices, Public Hearing Matters - requires notice of the subject matter to be mailed to all property owners of record and building occupants within a SOO-foot radius of the proposed project. This notice requirement is increased over the current requirement for Public Hearing Notices of 300 feet. Cl Section 5.10.060: Modification of Approvals - Establishes certain thresholds of modifications that can be considered without a subsequent review by the approving body. Cl Section 5.10.060.8: Minor Modification by Director - permits the Director to approve such allowable minor modifications and establishes certain conditions to be met. Cl Section 5.10.065: Revocation of Permits - Establishes procedures for the City to consider a revocation of a permit for violation of permit terms and/or conditions, or any law or ordinance of the City. Cl Chapter 5.15: Legislative Actions - Sets forth general procedures for processing applications for a "legislative action", such as adoption or amendment of a General Plan or General Plan Element, adoption or amendment of a Specific Plan, adoption or amendment of a Planned Development Plan, adoption or amendment of the Zoning Code or Zoning Map, and adoption or amendment of a Development Agreement. Generally reflects current provisions of the Zoning Code, with some revisions based on previous City Council and Planning Commission direction. Combines general process and procedural requirements from various sections of the current Zoning Code into a single 'Chapter to improve clarity of the document. Cl Section 5.15.005: General Plan, Specific Plans, Planned Development Plans, Zone Changes and Development Agreements - specifies adoption requirements, initiation procedures and annual review requirements, when applicable. Cl Section 5.15.010: Specific Procedure for Processing Applications - sets forth procedures for processing applications and coordinating multiple applications. NO OB--"1.Comprehensive Zoning Code Update 82 Adoption of New Zoning Code . Title 11- Seal Beach Municipal Code Initial Study and Negative Declaration Cl Section 5.15.015: Public Notice - sets forth additional notice requirements above those required in Chapter S.1 O. [J Section 5.15.020: Public Hearing and Action - sets forth required public hearing actions of the planning Commission and City Council. [J Section 5.15.035: Additional Requirements for Development Agreements - sets forth additional provisions regarding Development Agreements that are in compliance with provisions of State law. Cl Section 5.15.040: Additional Requirements for Adopting Specific Plans - sets forth additional provisions regarding Specific Plans. Cl Chapter 5.20: Development Permits - Sets forth general procedures for processing applications for administrative use permits, conditional use permits, and variances. Generally reflects current provisions of the Zoning Code, with some revisions based on previous City Council and Planning Commission direction. . This chapter incorporates the major procedural change encompassed within the proposed Zoning Code: the initiation of an "Administrative Use Permit process, which does not currently exist, but generally replaces the current "Minor Plan Review" and "Height Variation" processes and changes the approving body from the Planning Commission to the Director of Development Services. Combines general process and procedural requirements from various sections of the current Zoning Code into a single Chapter to improve clarity of the document. Cl Section 5.20.005: Administrative Use Permits, Conditional Use Permits and Variances - s~ts forth the appropriate approving body for these types of land use entitlements. " Cl Section 5.20.010: Review Authority - references the tables in Part II that set forth the use types that are permitted by right, permitted by right with specified limitations, or require Administrative or Conditional Use Permit approvals. In addition, Table 5.20.010: Review Authority lists the types of land use entitlements that require either an Administrative Use Permit or a Conditional Use Permit. The Planning Commission shall consider all variance applications. . NO os.:1.Comprehensive Zoning Code Update 83 . . . Adoption of New Zoning Code Title 11- Seal Beach Municipal Code Initial Study and Negative Declaration Cl Section 5.20.015: Review Procedure - sets forth provIsions regarding application forms and fees, notice, and decisions on Administrative Use permits and Conditional Use Permits. [J Section 5.20.015.C: Decisions on Administrative Use Permits - sets forth provisions regarding notification of Director Determinations to both the Planning Commission and City Council. Cl Section 5.20.020: Required Findings - sets forth the required findings for use permits and variances that must be made by the approving body to grant such requests. [J Section 5.20.025: Conditions of Approval - provides guidance on the purpose of imposing conditions and the types to conditions that can be considered by the approving body. [J Section 5.20.030: Appeals - sets forth the procedures for filing appeals of the decision of the approving body. Cl Chapter 5.25: Director Determinations - Sets forth general procedures for determinations by the Director of Development Services. Generally reflects current provisions of the Zoning Code, with some revisions based on previous City Council and Planning Commission direction. This chapter combines general process and procedural requirements from various sections of the current Zoning Code into a single Chapter to improve clarity of the document. It also incorporates provisions regarding "reasonable accommodation' to comply with Federal law requirements. Cl Section 5.25.010: Zoning Conformance Review Procedures - sets forth the procedures and findings for the Director to determine zoning conformance for applications for business licenses, building permit, or other land use entitlements. Sets forth required findings and procedure for prov!ding the necessary written determination of zoning conformance. Cl Section 5.25.015: Temporary Uses - sets forth specified temporary uses that require an Administrative Use Permit approval by the Director, and those temporary uses that do not require such an approval. Also sets forth application requirements, minimum conditions to be applicable, and the imposition of additional reasonable conditions that may be imposed by the Director. NO O&:-1.Comprehensive Zoning Code Update 84 Adoption of New Zoning Code . Title 11- Seal Beach Municipal Code Initial Study and Negative Declaration Cl Section 5.25.020: Waivers and Exceptions/Reasonable Accommodation - sets forth provisions regarding Director authority to grant a waiver or exception from the strict application of Zoning Code requirements when necessary to accommodate uses protected by state or federal law, including but not limited to the Federal Fair Housing Act, the Americans with Disabilities Act, and the California Fair Employment and Housing Act. Cl Section 5.25.020.B: Required Findings - sets forth required findings to be made based on an applicant providing substantial evidence for the Director determination. Cl Section 5.25.020.C: Additional Finding - sets forth the additional required finding to be made if the waiver or exception requested is to provide reasonable accommodation pursuant to Federal or State statute that "Denial of the requested waiver or exception would impose a substantial burden on religious exercise or conflict with any Federal or State statute requiring reasonable accommodation of persons with disabilities. n [J Section 5.25.020.E: Administrative Use Permit Required - provides . that the Director may grant relief from the dimensional requirements of this Zoning Code not to exceed S percent of the requirement. Please note that this provision only applies to the Zoning Code, not to Title 10: Subdivisions. [J Section 5.25.020.G: Standards for Which Exceptions May Be Considered - stipulates that exceptions may be granted up to S percent of the dimensional requirement for front, side, and rear yard setbacks; width of buffer yards, and other dimensional standards. Cl Section 5.25.020.H: Exceptions Shall not be Granted - stipulates that exceptions may not be granted for exceedence of maximum allowable height and main building envelope requirements. [J Section 5.25.020.1: Referral of Applications to Planning Commission _ sets forth provisions whereby the Director may refer requests for waiver/exceptions to the Planning Commission for consideration under the Conditional Use Permit process. Cl Section 5.25.025: Appeals - provides an appeal process for both Director and Planning Commission determinations/decisions. [J Chapter 5.30: Environmental Review - Sets forth general procedures the City will use for conducting environmental review to meet requirements of the California Environmental Quality Act (CEQA) , the National Environmental Policy . Act (NEPA), and other relevant and applicable federal, state, and local NO OS:-1.Comprehensive Zoning Code Update 85 . Adoption of New Zoning Code Title 11- Seal Beach Municipal Code Initial Study and Negative Declaration environmental laws and regulations for projects subject to the provisions of this Zoning Code. [J Section 5.30.010: Review Procedures - sets forth the review procedures for evaluation, preparation, public review, reviewing body responsibilities, and determinations regarding all environmental review documents. These provisions are in compliance with the California Environmental Quality Act (CECA). Cl Section 5.30.015: Mitigation Monitoring Program - sets forth the requirements for preparation, approval, and enforcement of mitigation monitoring plans. These provisions are in compliance with the California Environmental Quality Act (CECA). Cl Section 5.30.020: Appeals - provides an appeal process for both Director and Planning Commission determinations/decisions. . PART VI: TERMS AND DEFINITIONS: Cl Section 6.05.010: Definition of Specialized Terms and Phrases - sets forth the definition of terms and specialized phrases utilized in the Zoning Code. Additional definitions are also provided for terms and specialized phrases in the following Chapters of the Zoning Code: Cl Chapter 4.10: General Site Standards: Cl Section 4.1 0.020.B: Noise [J Section 4.1 0.02S: Recycling and Solid Waste Facilities Cl Chapter 4.45: Transportation Demand Management; Cl Chapter 4.60: Hazardous Waste Facilities; [J Chapter 4.65: Tattoo Establishments; and Cl Chapter 4.70: Wireless Telecommunications Facilities. * * * * . NO 08-1.Comprehensive Zoning Code Update 86 . . . Adoption of Negative Declaration 08-1: Adoption of New Title 11: Zoning Seal Beach Municipal Code City Council Staff Report April 21, 2008 ATTACHMENT 3 NOTICE OF DETERMINATION, NEGATIVE DECLARATION 08-1, ADOPTION OF NEW ZONING CODE TITLE 11 - SEAL BEACH MUNICIPAL CODE NO 08-1.Zoning Code.CC Staff Report 13 . . . Adoption of Negative Declaration 08-1: Adoption of New TJtJe 11: Zoning Seal Beach Municipal Code City Council Staff Report April 21, 2008 1l1mE1____ 11III11I City of Seal Beach, 211 8th Street Seal Beach, CA 90740 562-431-2527 NOTICE OF DETERMINATION TO: l Office of Planning and Research State of California 140Q Tenth Street, Room 121" Sacramento, .CA 95814 FROM: City of Seal Beach Department of Dev Services , '211 Eighth Street SealBeach,CA.90740 .lL Clerk-Recorder, County of Orange 12 Civic Center Plaza, Room 106 Santa Ana, CA 92701 SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code: Adoption of New Zonino Code Title 11 - Seal Beach Municipal Code Project Title NA State Clearinghouse Number (If submitted to State Clearinghouse) Lee Whittenbera Contact Person Area CodelTelephone/Extension: (562) 431-2527. ext 1313 The project is located in the City of Seal Beach, Orange County Project Location NO 08-1.Zoning Code.CC Staff Report 14 Adoption of Negative Declaration 08-1: . Adoption of New Tttle 11: Zoning Seal Beach Municipal Code City Council Staff Report April 21, 2008 The proposed Comprehensive Zoning Code Update 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 many changes from both procedural and development regulation standards incorporated into the proposed Zoning Code that do not currently exist in the present Zoning Code. The proposed project does not authorize any physical alterations and/or development of any properties at this time. Potential future development projects would be subject to further review, including possible discretionary actions, and environmental analysis once detailed project development plans are filed with the City for consideration. The project does not propose any physical modificatiQns to properties (i.e. grading, construction, etc.)". Project Description This is to advise that the City of Seal Beach (Lead Agency) has approved the above- . described project on April 21. 2008 and has made the following determinations regarding this project: 1. The project will .lL not have a significant effect on the environment. 2. Mitigation measures _ were X were not made a condition of approval of the project. 3. -1L- A Negative Declaration was prepared for this project pursuant to the provisions of CECA. A copy of the Negative Declaration and record of project approval may be examined at: City of Seal Beach, 211 Eighth Street, Seal Beach, CA 90740. An Environmental Impact Report was prepared for this project pursuant to the provisions of CECA, and was reviewed and considered by the decision making body prior to its decision on the project. The Environmental Impact Report and record of project approval, including comments and responses, is available to the public at: City of Seal Beach, 211 Eighth Street, Seal Beach, CA 90740. NO 08-1.Zoning Code.CC Staff Report 15 . . . . Adoption of Negative Declaration 08-1: Adoption of New Title 11: Zoning Seal Beach Municipal Code City Council Staff Report April 21, 2008 The City found that environmental effects of the project could be mitigated by modifications to the project which are within the responsibility and jurisdiction of another public agency. Specific economic, social, and other considerations make infeasible the mitigation measures or project alternatives identified in the Final Environmental Impact Report. A Statement of Overriding Considerations _ was X was not adopted for this project. This document is being filed in duplicate. Please acknowledge the filing date and return acknowledged copy to: City of Seal Beach, Attn: Planning Department, 211 Eighth Street, Seal Beach, CA 90740 Date Received for Filing Signature Director of Development Services Title NO 08-1.Zoning Code.CC Staff Report 16 . . . Adoption of Negative Declaration 08-1: Adoption of New Title 11: Zoning Seal Beach Municipal Code City Council Staff Report April 21, 2008 ATTACHMENT 4 CALIFORNIA DEPARTMENT OF FISH AND GAME CERTIFICATE OF FEE EXEMPTION - NEGATIVE DECLARATION 08-1, ADOPTION OF NEW ZONING CODE TITLE 11 - SEAL BEACH MUNICIPAL CODE NO 08-1.Zoning Code.CC Staff Report 17 . . . Adoption of Negative Declaration 08-1: Adoption of New Title 11: Zoning Seal Beach Municipal Code City Council Staff Report April 21, 2008 CALIFORNIA DEPARTMENT OF FISH AND GAME CERTIFICATE OF FEE EXEMPTION No Impact Finding Project Title/Location (include County): Adoption of New Zonina Code Title 11 - Seal Beach Municipal Code: The proposed Comprehensive Zoning Code Update is for the City of Seal Beach in Orange County. . Seal Beach. is situated on the coast in northwest Orange County . between' the City' of Long Beach and'the City of Huntington Beach and inCludes the Seal Beach Naval Weapons Station. Approximately one mile of coastline lies along the City's southwest boundary. Project Description: T~e proposed Comprehensive Zoning Code Update 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 many changes from both procedural and development regulation standards incorporated into the proposed Zoning Code that do not currently exist in the present Zoning Code. The proposed project does not authorize any physical alterations and/or development of any properties at this time. Potential future development projects would be subject to further review, including possible discretionary actions, and environmental analysis once detailed project development plans are filed with the City for consideration. The project does not propose any physical modifications to properties (Le. grading, construction, etc.). Findings of Exemption (attach as necessary): 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.' The project consists of a comprehensive Zoning Code Update and is a NO OS-1.Zoning Code.CC Staff Report .18 Adoption of Negative Declaration 08-1: . Adoption of New Title 11: Zoning Seal Beach Municipal Code City Council staff Report April 21, 2008 complete revision of the City's Zoning Code 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 many changes from both procedural and development regulation standards incorporated into the proposed Zoning Code that do not currently exist in the present Zoning Code. The proposed project does not authorize any physical alterations and/or development of any properties at this time. Potential future development projects would be subject to further review, including possible discretionary actions, and environmental analysis once detailed project development plans are filed with the City for consideration. The project does not propose any ph.y~ical modifications to pr~pe.rti~~ (i.e. grading, constr~.cti~n, ~tc). As set forth on pages 13 through 1S of Negative Declaration 08-1, it has been determined that: Cl the project would have "No Impacf' on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or the U.S. Fish and Wildlife Service; Cl the project would have "No Impacf' on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or the U.S. Fish and Wildlife Service; o the project would have "No Impacf' on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means; Cl the project would have "No Impacf' on the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impeded use of native wildlife nursery sites; o the project would have aNo Impacf' and does not conflict with any local policies or ordinances protecting biological resources; and o the project would have "No Impacf' and does not conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan. NO OS-1.Zoning Code.CC Staff Report 19 . . . . . Adoption of Negative Declaration 08-1: Adoption of New Title 11: Zoning Seal Beach Municipal Code City Council Staff Report April 21, 2008 Certification: I hereby certify that the public agency has made the above findings and that the project will not have any effect on wildlife resources, as defined in Section 711.2 of the Fish and Game Code, and the project will have no effect on fish and wildlife pursuant to Section 711.4(c)(2) of the Fish and Game Code. (Chief Planning Official) Title: Director of Development Services Lead Agency: City of Seal Beach Date: April 22. 2008 NO 08-1.Zoning Code.CC Staff Report 20 . . . Adoption of Negative Declaration 08-1: Adoption of New Title 11: Zoning Seal Beach Municipal Code City Council staff Report April 21, 2008 ATTACHMENT 5 RESPONSES TO COMMENTS FOR INITIAL STUDYI NEGATIVE DECLARATION 08-1, ADOPTION OF NEW ZONING CODE TITLE 11 - SEAL BEACH MUNICIPAL CODE, DATED APRIL 11,2008 NO 08-1.Zoning Code.CC Staff Report 21 . Responses to Comments for Initial Study/Negative Declaration 08-1 ADOPTION OF NEW ZONING CODE TITLE 11 - SEAL BEACH MUNICIPAL CODE CITY OF SEAL BEACH . Prepared by: City of Seal Beach 211 Eighth Street Seal Beach! CA 90740 Contact: Lee Whittenberg, Director of Development Services (562) 431-2527, extension 1313 April 11, 2008 . Z:.\My Oocuments\EIRS\NO 08-1.Responses To Comments.doc\LW\04-11-0S Table of Contents . Section 1 Introduction .... ..... ................... .................... ........ .......... .................1 Section 2 Comment Letters and Responses................................................. 3 Southern California Association of Governments..........................4 City of Seal Beach Environmental Quality Control Board Minutes of March 26, 2008........ .............. ............. ....... ........... .......6 * * * * . . City of Seal Beach Negative Declaration 08-1 Adoption of New Title 11 - Zoning Seal Beach Municipal Code R~sponses to Comments . Section 1. Introduction This document has been prepared to respond to public comments received on Negative Declaration 08-1 for the proposed Adoption of New Zoning Code: Title 11 - Seal Beach Municipal Code. The Negative Declaration was subject to a 30- day public review period from March 10, 2008 to April 11, 2008. The California Environmental Quality Act (CEQA) Guidelines Section 1S073(a) states that the Lead Agency shall provide a public review period of not less than 30 days for a proposed Negative Declaration when review by state agencies is required. Distribution of the Initial Studyl Negative Declaration and Notice of Intent to Adopt a Mitigated Negative Declaration for review and comment included the following agencies and organizations: . State of California Office of Planning and Research County of Orange - County Clerk California Coastal Commission County of Orange - Public Facilities and Resource Department Regional Water Quality Control Board - Santa Ana Region South Coast Air Quality Management District Southern California Association of Governments Army Corps of Engineers - Los Angeles District California Department of Fish & Game - Region S U.S. Fish and Wildlife Service Orange County Sanitation District Caltrans District 12 Caltrans District 7 Naval Weapons Station, Seal Beach Joint Forces Training Base, Los Alamitos Los Alamitos Unified School District Southern California Edison City of Los Alamitos City of Garden Grove City of Huntington Beach City of Long Beach City of Westminster GabrielinolTongva Tribal Council GabrielinolTongva Tribal Council of the Gabrielino Tongva Nation Gabrielino Tongva Indians of California Golden Rain Foundation Rossmoor Community Services District Island Village Homeowner's Association . City of Seal Beach Negative Declaration 08-1 Adoption of New Title 11 - Zoning Seal Beach Municipal Code R~sponses to Comments The Notice of .Intent to Adopt a Negative Declaration was published in the local . newspaper, The Sun, on March 13, 2008. Copies of the Negative Declaration were also made available for public review at the Development Services public counter and at each library within the City. The City of Seal Beach received 1 comment letter on the Negative Declaration from a public agency and also received comments from the Environmental Quality Control Board during the public comment period. CEQA section 21091(d)(1) requires that the City, as Lead Agency, must consider any comments on the proposed Mitigated Negative Declaration that are received within the public review period. In addition, the City further determined to have the draft Negative Declaration reviewed by the Planning Commission at public hearings being conducted regarding the proposed Title 11, Zoning. At the March 19 and March 26, 2008 Planning Commission meetings the City received no comments from members of the Planning Commission or the public regarding Negative Declaration 08-1. CECA Guidelines Section 1S204(b) provides that in reviewing negative declarations, persons and public agencies should focus on the proposed finding that the project will not have a significant effect on the environment. If persons and public agencies believe that the project may have a significant effect, they should 1) identify the specific effect; 2) explain why they believe the effect would . occur, and 3) explain why they believe the effect would be significant. CECA Section 1S204(c) further advises: "Reviewers should explain the basis for their comments, and should submit data or references offering facts, reasonable assumptions based on facts, or expert opinion supported by facts in support of the comments. Pursuant to Section 1S604, an effect shall not be considered significant in the absence of substantial evidence. Section 1S204(d) also states, "each responsible agency and trustee agency shall focus its comments on environmental information germane to that agency's statutory responsibility." Section 1S024(e) states, "this section shall not be used to restrict the ability of reviewers to comment on the general adequacy of a document or the lead agency to reject comments not focused as recommended by this section." Each comment letter received during the public review period is included in its entirety in this document. Each letter is followed by responses corresponding to comments submitted in the letter. Responses are provided for all comments submitted. No new significant environmental impacts are raised by the submitted comment letters. City of Seal Beach Negative Declaration 08-1 Adoption of New Title 11 - Zoning Seal Beach Municipal Code R~sponses to Comments 2 . . Section 2. Comment Letters and Responses This section provides complete copies of all comment letters received during the public review period and by the Environmental Quality Control Board, the Archaeological Advisory Committee, and the Planning Commission for the proposed Initial Studyl Negative Declaration 08-1. Each letter or meeting minutes is included in its entirety for the subject negative declaration, followed by responses that correspond to the comments raised. Resoonse Number 1 Aaencv/Oraanization/lndividual Letter Date Southern California Association of Governments March 20,2008 2 Agencv Public Comment Meeting City of Seal Beach Environmental Quality Control Board Meeting Minutes March 26, 2008 . . City of Seal Beach Negative Declaration 08-1 Adoption of New Title 11 - Zoning Seal Beach Municipal Code ~esponses to Comments 3 Letter 1: Southern California Association of Governments, March 20, 2008 SOUTHEIUI CALlI'llllllIt. ~ ASSOClATlOR or GOVEUMENTS ..... 0fIICIt 818 Wesl5ewnliI,.. 12lhFlclclr ~~CalII\ImII lIDln7..M3S t1211l1,,11l1O r 12111"1115 ~-,-.- 0IIlwN ~ GoIlfllllD,SIII_llounII' ftIlVloo ,....., --~~- ---,.,.,. """,,"-'5ODG*III .-PIIl.......... foonw...........~ClooIllII PDIk7~O-' ..........- IlonIIdQ~__ ~_ond -~ .Ian EIlnIr.II CMIO In___ _CIoItI._......_ ,------ _0.-...._ . .._ a_~~..... ...._____ CI:r 1# ~;:lL'l s.- .2'. March 20, 2008 Mr. Lee WhlUenberg DIrector d 0IMt1opment ServIces CJ4r d sear Beach 211 8" street . Seal Beach. CA 90740 RE: SCAG aeartnghause No. 120080145 Adoption of New 1ltIe 11 - Seal Beach MunlGlpal Code, City of Seal Beac:h V-'lIl'nfll1 -~~~~~ OearMr. Whittenberg: Thank you for submitting the AdoptIon of New Tltle 11 - Seal BeacII Munlclpld Code. City of Seal Beach for review and comment As areawide clearinghouse for regionally significant projects, SCAG reviews the consistency of local plans, prajeds and programs wi1h regional plans. This activity Is based on SCAG's responsibilities as a regional planning organization pursuant to state and federal laws and regulations. Guidance provided by 1he$e reviews is Intended to assiSt local agencies and PRJjec:t sponsors to mice acllons that contr1bule to the attainment of regional goals and policies.. \ .,.~ ,..:..... : . .....,.,,:~,.;..\; ;:...;:.:~ .w..... we IiirYemeWed ~MbPuoh'.of New nus 11 - Seal Beach Municipal Code, City of Seal Seac::b, and have detem1lned that the proposed Project 15 not regionally significant per SCAG Intergovemrnental RevIew (IGR) CrilerIII and California Environrnenlal Quality Act (CECA) GuldeDnes (SedIon 152(6). Therefore. the proposed Project does not warrant commen1S at this time. Should there be 8 change in the scope of the proposed Project, we would apprec:iate the opporUmIty to review and axnrnent at that time. . 1-1 A desaIptIon of the proposed Project was published in SCAG's Merch 1-15. 2.008 Inlefgovemmental Revll!lW ClearinghoUse Report for public review and conment. The project tiIIe and SCAG Clearinghouse number should be used n aI correspondence wiltt SCAG concemIng this Project Correspondence shoLlld be sent 10 the atlenIion of the Clearinghouse CoordinatDr. If you have any ques1Ions, please contact me at (213) ~1857. Thank you. SIncerely, ~jAj_A ~ - ~S, Planning Technician Program Development and Evaluation Division . 9 ..... .. - . . ... .. ~. I ' Doc ':ur.Jhe.....1anaI CouncIl Is camprlRd "'75 oIec1Id 1I111dtdl........,ulng 187 dIIoo,.llllUIIlIes. JciVrf:mnlll~CIImm~-'.TIlbBl~..~wtd1.. SaflIhenIc:.IIGM/& :!lIttM!1111l1 4 . City of Seal Beach Negative Declaration 08-1 Adoption of New Title 11 - Zoning Seal Beach Municipal Code Responses to Comments . Responses to Comment Letter 1 Southern California Association of Governments, March 20, 2008 1-1 This letter indicates that the proposed project is not regionally significant and therefore does not warrant comments at this time. The comment raises no environmental issues regarding the proposed project. No response is necessary. * * * * . . City of Seal Beach Negative Declaration 08-1 Adoption of New Title 11 - Zoning Seal Beach Municipal Code Responses to Comments 5 Public Meeting 2: City of Seal Beach Environmental Quality Control Board Meeting Minutes, March 26, 2008 (Minute Excerpt) . 1. Public Meeting to Review Initial Study/Negative Declaration 08-1, "Adoption Of New Zoning Code - Title 11 - Seal Beach Municipal Code" and Receive Public Comments and Provide Board Comments Recommendation: Receive presentation from Staff regarding the proposed project and the environmental review process. Receive comments from the public and provide any Board comments regarding the proposed Initial Study/Negative Declaration (ND). Receive and File Staff Report. Staff ReDort Mr. Whittenberg explained that the City has been working on developing a new Zoning Code (ZC) for approximately two years, with the last 13 months spent on joint study sessions with City Council (CC) and the Planning Commission (PC), or PC study sessions alone to work through the provisions of the new document. He explained that this is a complete rewriting of the ZC, which has not been done since 1974. He stated that the Initial Study/Negative Declaration 08-1 basically indicates that the City has prepared a document and the adoption of this document will have no environmental impacts, as no construction is authorized. He stated that the analysis shows that future projects constructed under the new standards will still be required to go through the City's CEQA review process. He indicated that the actual adoption of the controlling document for future developments does not create environmental impacts. He noted that the IS/MND is currently in its review period, which will end on April 11, 2008. He explained that the PC has already conducted one public hearing on the ZC, and will conduct another tonight at 7:30 p.m., and CC is scheduled to begin public hearings on this document on April 14, 2008, with the IS/MND being presented to CC on April 21, 2008, along with responses to any comments received. He noted that so far the only comment received is from the Southern California Association of Governments (SCAG) stating that adopting a ZC document is not a regionally significant project. He noted that the Board does have until April 11, 2008, to provide comments. . Board Questions/Comments Member Hurley asked to which environmental aspects the major changes of the ZC would relate. Mr. Whittenberg stated that the ZC now includes a lot of graphic material providing sketches of ideas on how people can accomplish some of the proposed new standards. He noted that the three major aspects that are significantly different from the current document are: City of Seal Beach Negative Declaration 08-1 Adoption of New Title 11 - Zoning Seal Beach Municipal Code Responses to Comments 6 . . . . Public Meeting 2: City of Seal Beach Environmental Quality Control Board Meeting Minutes, March 26, 2008 (Minute Excerpt) 1. Currently the PC reviews Minor Plan Reviews'(MPR) and Height Variations (HV) for certain types of developments primarily on residential properties. CC has proposed creation of an Administrative Review Permit (AUP) process where Staff will send out notices and conduct a meeting and have approval authority for these types of projects, with the PC still conducting hearings for Conditional Use Permits and Variances, etc. AUPs would also be subject to the appeal process. 2. With regard to residential design, there is now a Floor Area Ration (FAR) provision incorporated into the ZC, which places a square footage limit on the size of habitable are for a residence. There are also provisions for daylight planes, which will prevent constructing a "cube" type structure up to the maximum height and out to the property line setbacks. 3. The issue of how big a third floor living area can be constructed caused approximately 70% of the comments received during the study sessions. The new ZC proposes to cut down the size of what can be constructed on third floors by approximately 40-S0%. Chairperson Voce clarified that the new ZC now provides specific standards for third story construction. Mr. Whittenberg confirmed that this is correct. Member Hurley stated that he has several corrections to be made. Chairperson Voce requested that any grammatical or punctuation corrections be provided t Staff at the end of tonight's meeting. Member Hurley then referred to the RM&G Advisor in Item 7 and noted that the report states that the new statute requires discussion of greenhouse gas in environmental documentation. He proposed adding to the IS/MND between No. IV Biological Resources on Page 14 and V. Cultural Resources on Page 15 the title "Climate Change," using the following text: a) Would the project have a significant adverse affect on the climate? (No Impact)", followed by a paragraph stating: "The proposed project consists of the 2-1 adoption of a Comprehensive Zoning Code Update. However, the proposed project does not authorize any physical alterations and/or development of any properties at this time. Potential future development projects would be subject to further review, including possible discretionary actions, and environmental analysis, once detailed project development plans are filed with the City for consideration. The project does not propose any physical modifications to properties (i.e. grading, construction, etc.). Therefore, the proposed project wil/ not have a substantial adverse affect on the climate." City of Seal Beach Negative Declaration 08-1 Adoption of New Title 11 - Zoning Seal Beach Municipal Code Responses to Comments 7 Public Meeting 2: City of Seal Beach Environmental Quality Control Board Meeting Minutes, March 26, 2008 (Minute Excerpt) . Member Barton stated she was not entirely clear on all of the changes to the ZC and inquired about the outcome for third story standards. Mr. Whittenberg explained that with the exception of the Rossmoor Townhomes and the Oakwood Apartments, the only district that will be allowed three stories on Jots 37.S feet or wider would be the Old Town RHD-20 District. He noted that third stories would only be allowed on the rear portion of these lots. Mr. Whittenberg then indicated that Staff would incorporate the EQCB comments in the Response to Comments document and would provide the Board with a copy prior to the CC hearings. . City of Seal Beach Negative Declaration 08-1 Adoption of New Title 11 - Zoning Seal Beach Municipal Code Responses to Comments 8 . . . . Responses to Public Meeting 2 City of Seal Beach Environmental Quality Control Board Meeting Minutes, March 26, 2008 2-1 The subject document addresses the matter of climate change and greenhouse gas emissions in Section III, Air Quality, on pages 10-12 and concludes that the project (Zoning Code update) would not result in any conflict with or obstruct implementation of an applicable air quality plan. The project does not propose specific project building plans for properties within the City and therefore, the project does not propose any use that would generate stationary emissions (i.e. factory emissions etc.) or generate increased traffic. When specific development plans are brought forward at a future date (unknown at this time), the projects would be subject to environmental analysis to determine potential physical environmental impacts. The City will continue to monitor the efforts of the California Air Resources Board to develop regulations on how the State will address climate change impacts and the efforts of the Governor's Office of Planning and Research to update the California Environmental Quality Act (CEQA) Regulations and Guidelines regarding climate change and gereenhouse gas emissions. As the regulatory requirements and environmental review requirements are better defined by the responsible State agencies, staff will evaluate with the Office of the City Attorney potential revisions to the CECA Checklist utilized by the City and other revisions to City policies, goals, and regulations to ensure consistency with the adopted State regulations and guidelines. City of Seal Beach Negative Declaration 08-1 Adoption of New Title 11 - Zoning Seal Beach Municipal Code Responses to Comments 9