HomeMy WebLinkAboutCC AG PKT 2008-07-14 #KKAGENDA STAFF REPORT
DATE: July 14, 2008
TO: Honorable Mayor and City Council
THRU: David Carmany, City Manager
FROM: Lee Whittenberg, Director of Development Services
SUBJECT: PUBLIC HEARING -MUNICIPAL CODE, PROPOSED
TITLE 11: ZONING
SUMMARY OF REQUEST:
After opening the Public Hearing, receiving the Staff Report and public comments,
consider the proposed Zoning Code (Title 11). Close the public hearing or
continue the public hearing to a future date to be determined.
If the Council closes the public hearing:
^ Introduce Ordinance Number 1576, An Ordinance of the City of Seal Beach
• Amending the Seal Beach Municipal Code by Deleting Chapter 28,
Zoning, in its Entirety and Adopting a New Title 11, Zoning as may be
revised by the Council based on public hearing testimony. (Please refer to
Attachment 1 to review the draft Ordinance.)
BACKGROUND:
This public hearing is to receive public testimony regarding the consideration of the
adoption of a new Zoning Code. Please review the previously distributed copy of
"Seal Beach Municipal Code Revised Final Draft -Title 11: Zoning, July 2008'.
If adopted, Title 11 ("Proposed Zoning Code") will replace the current Zoning
Code. Please note that the Proposed Zoning Code does not contain:
1. Anew uniform maximum height limit of 25 feet for Old Town
2. Any residential "floor area ratio" provisions
3. Any residential "building envelope" provisions
As the Council is aware, City staff and the Planning Commission have been
studying the City's zoning code for over 2 years. The Proposed Zoning Code is a
comprehensive revision of development regulations and standards. The last time
the +City undertook a major revision was 1974, so there are numerous substantive
•
Agenda Item KK
Z:\07-14-08 Council Meeting -Agenda Items\DS -Staff Report - KK -Title 11 -Ord #1576.DOC1LWI06-24-08
1066258_2.DOC
Public Hearing re: Revised Final Draft - Tdle 11: Zoning
Seal Beach Municipal Code,
City Council Staff Report
July 14, 2008 •
and procedural changes proposed. The Proposed Zoning Code establishes
standards for permissible uses of property that occur in different zones of the city
and streamlines the approval of certain discretionary land use permits by creating
an "Administrative Use Permit" process that would be the responsibility of the
Director of Development Services to review and approve, rather than the
Planning Commission. Based upon public input received at sixteen study
sessions and two public hearings, the Planning Commission recommended
adoption of a new Zoning Code ("Commission Recommendation"). The
Commission Recommendation includes all the provisions contained in the
Proposed Zoning Code, with the exception of parking and non-conforming
provisions affecting College Park East and a revised zoning map.
After conducting a public hearing, the City Council initially adopted, but then
repealed, Ordinance No. 1569. Ordinance No. 1569 included all of the
provisions contained in the Proposed Zoning Code that will be presented on July
14, 2008, with the exception of: (1) a revised zoning map; and (2) current Code
provisions allowing development on lots at least 37.5 feet wide to exceed the
City's standard 25 foot height limit in Old Town. The Proposed Zoning Code
maintains those current Code provisions for the proposed RHD-20 District in Old
Town. The Proposed Zoning Code does not contain the following provisions that
were in Ordinance No. 1569: a uniform maximum height limit of 25 feet for Old •
Town, or any residential "floor area ratid' or "building envelope" provisions. The
Council has set an election on a 25-foot maximum height limit for residential
development in Old Town for November 4, 2008. The Council may consider
residential "floor area ratid' and "building envelope" provisions at a later date.
In connection with repealing Ordinance No. 1569, the Council instructed Staff to:
^ Prepare documents for calling for an election on limiting the height to 25
feet in the residential areas of "Old Town" (The Council has called an
election for November 4, 2008);
^ Eliminate provisions regarding residential "floor area ratio and "building
envelope" from the Proposed Zoning Code;
^ Incorporate revisions recommended by the Planning Commission and
other revisions approved on April 14 by the Council in Ordinance No. 1569
regarding parking and non-conforming provisions; and
^ Include a revised Zoning Map.
The Proposed Zoning Code reflects the direction of the City Council and
maintains current provisions of Chapter 28 that allow for 3-story development on
lots 37.5 feet wide or wider in the proposed RHD-20 District in the "Old Town"
area of the City.
The provisions regarding residential district standards for "floor area ratid' and •
"main building envelope/daylight plane" have been removed. 'The provisions
regarding "floor area ratid' and "main building envelope/daylight plane" are
proposed to be retained for the various commercial, mixed-use, and light
DS -Staff Report - KK -Title 11 -Ord #1576 2
Public Hearing n:: Revised Final Draft -Title 11: Zoning
Sea/Beach Municipal Code,
Cily Council Staff Report
S July 14, 2008
manufacturing districts, as standards currently exist for "floor area ratio" and
"main building envelope/daylight plane" in some of the commercial, mixed-use,
and light manufacturing zoning district regulations.
The "Seal Beach Municipal Code Revised Final Draft - T>tle 7 7: Zoning, July 2008"
is noted as Attachment 2 of the Staff report, but is not attached due to the length of
the document. Copies are available at each library in the City, at City Hall, and the
document is posted on the City's Web Page for viewing and downloads at:
"http://pubrec.ci.seal-beach.ca.us/weblink7/City-wide Agendas - Drafts -
Notices/Final Draft and Notices -Title 11-Zoning Code".
OVERVIEW OF PROPOSED ZONING CODE:
The Proposed 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 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 Planning Commission has recommended that the Council adopt a
Comprehensive Zoning Code Update. The Commission recommended no
amendments to the basic lot size, density and building intensity, setback, lot
coverage, height, parking, and sign regulations of the current zoning Code.
Likewise, the Commission recommended no changes to allowable and
discretionary land uses within the City, other than minor uses such as
newsstands and kiosks. In addition, the Commission recommended an
"Administrative Use Pennif process that would delegate approval authority to the
Director of Development Services for several types of discretionary land use
decisions. The Planning Commission is currently the decision-making body for
such decisions.
PLANNING COMMISSION PUBLIC HEARINGS:
The Planning Commission conducted public hearings on March 19 and 26, 2008,
and at the conclusion of the public hearings recommended adoption of the new
Title 11, Zoning, with revisions ("Commission Recommendation'. Provided as
Attachment 3 to the April 14, 2008 City Council Staff Report is the adopted
Planning Commission Resolution 08-13, which includes all of the Commission
recommended revisions, and Attachments 4 and 5 to the April 14, 2008 City
Council Staff Report are the Planning Commission Meeting Minutes of those
• meetings.
The Planning Commission Staff Reports of those meetings are provided as
Attachments 6 and 7 to the April 14, 2008 City Council Staff Report.
CC Staff Report.07-1408 3
Public Hearing re: Revised Final Draft -Tide 11: Zoning
Seal Beach Municipal Code,
City Council Staff Report
July 14, 2008 •
The March 26, 2008 Planning Commission Staff Report included a review of all
comments received, either oral or written, at the March 19 meeting, and Staff
responses. Several of the Planning Commission recommended revisions in
Resolution 08-13 are a result of those public comments.
STUDY SESSIONS REGARDING TITLE 11. ZONING•
The City undertook a 14 month process to complete a comprehensive revision and
update to the Zoning Code of the City. During that period of time the City
conducted a total of 16 Study Sessions, as indicated below:
^ February 21, 2007; Joint CC and PC ^ August 8, 2007; Planning Commission
^ February 26, 2007; Joint PC and CC ^ September 19, 2007; Planning
Commission
^ March 7, 2007; Joint PC and CC ^ October 3, 2007; Planning
Commission
^ May 9, 2007; Planning Commission ^ October 10, 2007; Planning
Commission
^ May 23, 2007; Planning Commission ^ November 7, 2007; Planning •
Commission
^ June 6, 2007; Planning Commission ^ December 5, 2007; Planning
Commission
^ June 20, 2007; Planning Commission ^ February 6, 2008; Planning
Commission, and
^ July 18, 2007; Planning Commission ^ March 5, 2008; Planning Commission
Please refer to the April 14, 2008 City Council Staff Report, Attachment 6, to review
the Planning Commission Staff Report of March 19, 2008, to review Attachment 4
which provides an "Overview Summary- Study Sessions.°
Copies of the Minutes of the above discussed "Study Sessions" were provided as
Attachments 7 through 20 to the March 19 Planning Commission Staff Report
(Attachment 6 of the April 14, 2008 City Council Staff Report) for the information of
the City Council.
Staff Reports or Presentation materials were prepared for the following meetings,
but are not provided due to the length of the documents. These documents are
available at the Office of the City Clerk and the Department of Development
I Services for review by interested persons: •
CC Staff Report07-14-08 4
•
Public Hearing re: Revised Final Draft-Tide 1 is Zoning
Seal Beach Municipal Code,
City Council Staff Report
Jul 14, 2008
^ February 21, 2007; Joint CC and ^ July 18, 2007; Planning Commission
PC Presentation Staff Report and Presentation
^ February 26, 2007; Joint PC and ^ September 19, 2007; Planning
CC Presentation Commission Staff Report
^ March 7, 2007; Joint PC and CC
Presentation
^ May 9, 2007; Planning
Commission Staff Report
^ May 23, 2007; Planning
Commission Staff Report
^ October 10, 2007; Planning
Commission Presentation
^ January 23, 2008; Planning
Commission Staff Report, and
^ March 5, 2008; Planning
Commission Staff Report and
Presentation.
^ June 6, 2007; Planning
Commission Presentation
•
Due to the length of the April 14 City Council Staff report on this
provided as an attachment to this Staff report. It is available t
Department of Development Services and at the OfFce of the City
will also be available at the City Council meeting for review.
RECOMMENDATION:
matter it is not
o review at the
Clerk. A copy
After opening the Public Hearing, receiving the Staff Report and public comments,
consider the Proposed Zoning Code. Close the public hearing or continue the
public hearing to a future date to be determined.
If the Council closes the public hearing:
^ Introduce Ordinance Number , An Ordinance of the City of Seal Beach
Amending the Seal Beach Municipal Code by Deleting Chapter 28,
Zoning, in its Entirety and Adopting a New Title 11, Zoning, as may be
revised by the Council based on public hearing testimony (Please refer to
Attachment 1 to review the draft Ordinance).
•
SUBMITTED BY:
ee Whittenberg
Director of Development Se ' es
NOTED AND APPROVED:
David Carman ,City Manager
Attachments: (2)
CC Staff Report.07-1408
5
Public Hearing re: Revised Final Draft -Title 11: Zoning
Seal Beach Municipal Code,
City Council Staff Report
July 14, 2008 •
Attachment 1: Ordinance Number 1576, An Ordinance of the City of
Seal Beach Amending the Seal Beach Municipal Code
by Deleting Chapter 28, Zoning, in its Entirety and
Adopting a New Title 11, Zoning
Attachment 2: Revised Final Draft Zoning Code, July 2008 -Note:
Previously provided and not included due to length.
Additional copies will be available at the public hearing
Copies are also available at each library in the city, at
City Hall, and is posted on the City's web page for
viewing and download at: http://pubrec.ci.seal-
beach.ca.us/weblink7/City-wide Agendas -Drafts -
Notices/Final Draft and Notices -Title 11 -Zoning
Code
•
r~
U
CC Staff Report.07-1408 6
Public Hearing re: Revised Final Draft -Title 11: Zoning
Seal Beach Municipal Code,
City Council Staff Report
• July 14, 2008
ATTACHMENT 1
ORDINANCE NUMBER 1576, AN
ORDINANCE OF THE CITY OF SEAL
BEACH AMENDING THE SEAL BEACH
MUNICIPAL CODE BY DELETING
CHAPTER 28, ZONING, IN ITS ENTIRETY
AND ADOPTING A NEW TITLE 11, ZONING
CC Staff Report.07-1408 7
ORDINANCE NUMBER 1 S76
• AN ORDINANCE OF THE CITY OF SEAL BEACH AMENDING
THE SEAL BEACH MUNICIPAL CODE BY DELETING CHAPTER
28, ZONING, IN ITS ENTIRETY AND ADOPTING A NEW TITLE
11, ZONING
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION 1. The City Council hereby deletes Chapter 28, Zoning, in its
entirety and adopts a new Title 11, Zoning, to read as shown in Attachment A,
with the following revisions:
A. (Insert any additional revisions determined appropriate)
SECTION 2. The City Clerk is directed to incorporate the above revisions,
Items "_" through "_" into Title 11.
SECTION 3. If any section, subsection, subdivision, paragraph, sentence,
clause or phrase of this ordinance or any part thereof is for any reason held to be
invalid, such invalidity shall not affect the validity of the remaining portions of this
ordinance or any part hereof. The City Council of the City of Seal Beach hereby
declares that it would have passed each section, subsection, subdivision,
paragraph, sentence, clause or phrase hereof, irrespective of the fact that any
one or more sections, subsections, subdivisions, paragraphs, sentences, clauses
or phrases be declared invalid.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal
• Beach at a meeting thereof held on the day of , 2008.
ATTEST:
Mayor
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, California do hereby certify
that the foregoing Ordinance was introduced for first reading at a meeting held on
the 14th day of Julv , 2008 and was passed, approved and adopted by
the City Council at a meeting held on the day of 2008 by the
following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
• ~ And do hereby further certify that Ordinance Number 1576 has been published
pursuant to the Seal Beach City Charter and Resolution Number 2836.
City Clerk
Public Hearing re: Revised Final Draft- Tie 11: Zoning
Seal Beach Municipal Code,
City Council Staff Report
• July 14, 2008
ATTACHMENT 2
REVISED FINAL DRAFT ZONING CODE, JULY 2008
NOTE: PREVIOUSLY PROVIDED AND NOT INCLUDED
DUE TO LENGTH. ADDITIONAL COPIES WILL BE
AVAILABLE AT THE PUBLIC HEARING
COPIES ARE ALSO AVAILABLE AT EACH LIBRARY IN
THE CITY, AT CITY HALL, AND IS POSTED ON THE
CITY'S WEB PAGE FOR VIEWING AND DOWNLOAD
• AT:
HTTP://PUBREC.CI.SEAL-BEACH.CA.US/WEBLINK7/CITY-
WIDE AGENDAS -DRAFTS -NOTICES/REVISED FINAL DRAFT
AND NOTICES -TITLE 11-ZONING CODE
•
C~ Staff Report.07-1408 11