HomeMy WebLinkAboutCC AG PKT 2008-08-11 #F• AGENDA STAFF REPORT
DATE: August 11, 2008
TO: Honorable Mayor and City Council
THRU: David Carmany, City Manager
FROM: Lee Whittenberg, Director of Development Services
SUBJECT: ADOPTION OF ORDINANCE NO. 1576, DELETING
CHAPTER 28, ZONING, IN ITS ENTIRETY AND
ADOPTING A NEW TITLE 11, ZONING
SUMMARY OF REQUEST:
Adopt 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. Provide direction to staff on
• processing of pipeline projects.
BACKGROUND:
The City Council considered this matter on July 14, 2008 and introduced the
subject ordinance. It is now appropriate to consider adopting the subject
ordinance.
The "Revised Final Draft Version" dated July 2008 is substantively identical to the
ordinance that was introduced for first reading on July 14. Sections 1.A and 1.B
of Ordinance No. 1576 contain clerical changes: the deletion of the "Revised
Final Draft" designator on the cover page and on all headers throughout the
document; and the addition of the adoption date on the cover page. No other
changes to the document have been made.
I. PROJECTS IN "PIPELINE":
As of July 28, 2008, the City is currently processing 52 applications or plans for
residential or commercial development that might be affected by Ordinance
Number 1576. Staff requests Council direction on how to address these projects
("Pipeline projects").
• Under controlling California law, applicants acquire a vested right to complete a
proposed project only after (1) they receive a valid building permit or its functional
Agenda Item F
Adoption of Ordinance No. 1576 -
De/eting Chapter 28, Zoning, in its Entirety
and Adopting a New Title 11, Zoning
City Council Staff Report •
August 1 i, 2008
equivalent and (2) after issuance of the permit, they perform substantial work and
incurred substantial liabilities in good faith reliance on the permit.
In the past, the City Council has relaxed this "vesting" standard for zoning
changes adopted by the City Council, allowing certain Pipeline projects to
proceed under superceded regulations ,even though the applicant may not have
obtained a building permit or pertormed substantial work and incurred substantial
liabilities in good faith reliance upon a building permit after it has been issued.
City Council Options re: "Pipeline" Proiects:
The City Council has the following options:
1. Direct staff to process Pipeline projects under the old Zoning Ordinance,
as determined appropriate by the City Council. In addition, the Council
may, at its discretion, establish a date under which those Pipeline projects
must receive all necessary City approvals and permits.
Staff Recommendation: Based on previous City Council determinations it
is recommended that the City Council concur with staff's recommendation to
inform all identified project applicants in the Pipeline that staff will continue to •
process applications under the provisions of Chapter 28 if the following
conditions are applicable:
^ Projects Requiring Coastal Development Permit Approval -Project
has received a "Coastal Concept Approval" from the City of Seal Beach
prior to September 10, and obtains a building permit within 4 months of
obtaining the required Coastal Development permit from the California
Coastal Commission.
^ Projects Not Requiring Coastal Development Permit Approval -
Project has been submitted to the Seal Beach Building Department for
building plan check prior to September 10, and obtains a building permit
within 4 months of the submission date for building plan check.
2. If the Council does not concur with Staff Recommendation Option 1, the
Council should remove this item from the Consent Calendar for additional
Council discussion and direction to staff regarding some other alternative
that may approved by the City Council. Otherwise the new Zoning
Ordinance will apply to all projects that do not receive building permits by
September 10, 2008.
As a courtesy, Staff intends to notify these applicants of the adoption of the new •
Zoning Code. The letters will state that the new Zoning Ordinance will apply to
DS -Staff Report - F -Title 11 -Ord #1576 2
Adoption of Ordinance No. 1576 -
Delefing Chapter 28, Zoning, in its Entirety
and Adopting a New Title 11, Zoning
e City Council Staff Report
Augusf 11, 2008
all projects that do not receive the appropriate approvals in the timelines set forth
above, and as may be modified by the City Council.
II. CEQA Compliance:
On April 21, 2008, the Council considered and adopted Initial Study/Negative
Declaration 08-01 ("Negative Declaration") for the adoption of the version of Title
11 that was repealed. Staff has prepared the attached addendum to the
Negative Declaration for your consideration. Please consider the Negative
Declaration and Addendum prior to adoption of the ordinance.
FISCAL IMPACT:
Minor, as there will be slightly more time required by staff to review development
plans for consistency with the new provisions of Title 11.
RECOMMENDATION:
Consider Addendum to Negative Declaration 08-1 and Authorize Staff to File
revised Notice of Determination. Waive further reading and Adopt 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. Concur with staff proposal regarding the processing of
pipeline projects.
NOTED AND APPROVED:
~~~~
e Whittenberg David Carmany
Director of Development Services City Manager
Attachments: (3)
Attachment 1: Notice of Determination -Adoption of New Zoning Code Title 11
-Seal Beach Municipal Code
Attachment 2: Addendum to Initial Study/Negative Declaration 08-1 for the
Adoption of a New Zoning Code Title 11 -Seal Beach Municipal
Code
,• Attachment 3: 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
DS -Staff Report - F -Title 11 -Ord #1576 3
Adoption of Ordinance No. 1576 -
Deleting Chapter 28, Zoning, in its Entirety
and Adopting a New Trt/e 11, Zoning
• City Council Staff Report
August 11, 2008
ATTACHMENT 1
NOTICE OF DETERMINATION -ADOPTION
OF NEW ZONING CODE TITLE 11 -SEAL
BEACH MUNICIPAL CODE
r~
DS -Staff Report - F -Title 11 -Ord #1576 4
City of Seal Beach, 211 8th Street
Seal Beach, CA 90740
562-431-2527
NOTICE OF DETERMINATION
TO: X Office of Planning and Research FROM: City of Seal Beach
State of California Department of Dev Services
1400 Tenth Street, Room 121 211 Eighth Street
Sacramento, CA 95814 Seal Beach, CA. 90740
X 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 Zoning Code Title 11 -Seal Beach Municipal Code
Project Title
SCH # 2008031045
State Clearinghouse Number (If submitted to State Clearinghouse)
City of Seal Beach, 211 Eighth Street, Seal Beach, CA 90740
Project Applicant/Lead Agency
Lee Whittenberg
Contact Person Area Code/Telephone/Extension: (562) 431-2527, ext 1313
The project is located in the City of Seal Beach, Orange County
Project Location
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.
Ra\2008\08-11-08 Council Meeting\DS -Staff Report - F -Title 11 (ND 08-1.Notice of Determination).doc\L1M07-31-08
Cify of Seal Beach Notice of Determination
Adoption of New Zoning Code Tdle 11-
Seal Beach Municipal Code
August 11, 2008 •
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.).
Project Description
This is to advise that the City of Seal Beach (Lead Agency) has approved the
above-described project on August 11, 2008 and determined pursuant to
Section 15162 of the CEQA Guidelines that no additional environmental review is
required. Pursuant to Section 15164 of the CEQA Guidelines, the City approved
the project based on a previously approved Negative Declaration and an
Addendum thereto. A copy of the Negative Declaration, the Addendum, and
record of project approval may be examined at: City of Seal Beach, 211 Eighth
Street, Seal Beach, CA 90740.
Notice
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
•
DS -Staff Report - F -Title 11 (ND 08-1.Notice of Determina~on)
Adoption of Ordinance No. 1576 -
Delefing Chapfer 28, Zoning, in its Entirefy
and Adopfing a New Title 11, Zoning
• City Council Staff Report
August 11, 2008
ATTACHMENT 2
ADDENDUM TO INITIAL STUDY/NEGATIVE
DECLARATION 08-1 FOR THE ADOPTION
OF A NEW ZONING CODE TITLE 11 -SEAL
BEACH MUNICIPAL CODE
D6 -Staff Report - F -Title 11 -Ord #1576 rJ
+~ EAl B!'
~,,a.~~~ City of Seal Beach
A ~~-~ r 211 Eighth Street, Seal Beach, CA 90740
• p11~"' Information: (562) 431-2527 FAX: (562) 430-8763
~uxrv 4
ADDENDUM TO INITIAL STUDY/NEGATIVE DECLARATION
08-01 FOR THE ADOPTION OF A
NEW ZONING CODE TITLE 11 -SEAL BEACH MUNICIPAL CODE
This is an Addendum to Initial Study/Negative Declaration 08-01 (the "Negative
Declaration") for the adoption by the City of Seal Beach ("City") of a new Zoning Code
Title 11 -Seal Beach Municipal Code (the Project"). Pursuant to Section 15164 of the
California Environmental Quality Act ("CEQA") Guidelines (14 Cal. Code of Regs.
§15000 et. seq.), the City has prepared this Addendum to note changes to the Project
since adoption of the Negative Declaration and to briefly explain the City's decision not
to prepare a subsequent or supplemental EIR or negative declaration.
Project Description and Background
The Project is a modified version of a comprehensive zoning code update that
the City adopted on April 21, 2008, but then repealed before the update went into effect.
• The Project is a complete revision of the City's Zoning Code. It 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. The
City had not undertaken such a comprehensive revision since 1974. As such, there
were many changes to both procedural and development regulation standards
incorporated into the proposed Zoning Code that do not currently exist in the present
Zoning Code.
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. 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 of the Negative
Declaration for a summary of the major provisions of the proposed Title 11, Zoning.
The Project does not authorize any physical alterations and/or development of
any properties at this time. Potential future development projects are 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.).
• Prior to adopting the earlier version of the Project and pursuant to CEQA, the
City prepared and adopted Initial Study/Negative Declaration 08-1 to address the
R:\2008\08-11-08 Council Meeting\DS -Staff Report - F -Title 11 (Addendum to ND).DOC
+DE SEA! of City of Seal Beach
~`o'~s
~.;~ 211 Eighth Street, Seal Beach, CA 90740
f~NTY~p~\ Information: (562) 431-2527 FAX: (562) 430-8763 •
potential environmental impacts of the proposed comprehensive Zoning Code update.
The Initial Study and Negative Declaration described the proposed Project and
environmental setting, and evaluated whether the proposed Project could have a
significant effect on the environment. The results of the analysis were documented on
the Environmental Checklist for CEQA Compliance and in the accompanying text that
explained the checklist responses. Based on the Initial Study, and all evidence in the
administrative record, the City Council ultimately determined and found: (1) there is no
substantial evidence in the record that the project would have a significant effect on the
environment; and (2) 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.
The current version of the Project now under consideration is identical to the
version previously analyzed pursuant to CEQA in all but two respects: the earlier
version contained floor area ratio requirements and daylight plane restrictions for
residential construction. Neither of these features is included in the current version of
the Project. In addition, the current version of the Project restores provisions from the
existing Zoning Code that provide an exception to the 25-foot height limit standard for
residential construction for certain wider lots in the Old Town area. Such provisions
were analyzed at the time the Negative Declaration was prepared. However, the
Council removed that exception at the time it adopted the earlier version of the Project. ~
Legal Standard
A lead agency may only require the preparation of a subsequent or
supplemental EIR or negative declaration under very narrow circumstances. Section
15162 of the CEQA Guidelines states:
"(a) When an EIR has been certified or a negative declaration adopted for
a project, no subsequent E/R shall be prepared for that project unless that
lead agency determines, on the basis of substantial evidence in the light of
the whole record, one or more of the following:
(1) Substantia! changes are proposed in the project which will require
major revisions of the previous EIR or Negative Declaration due to
the involvement of new significant environmental effects or a
substantial increase in the severity of previously identified
significant effects;
(2) Substantial changes occur with respect to the circumstances under
which the project is undertaken which will require major revisions of
the previous EIR or Negative Declaration due to the involvement of
new significant environmental effects or a substantial increase in
the severity of previously identified significant effects; or
(3) New information of substantial importance, which was not known
and could not have been known with the exercise of reasonable •
DS -Staff Report - F -Title 11 (Addendum to ND) 2
~t EA( B
~~ c ~~Fy City of Seal Beach .
t ~~-- 211 Eighth Street, Seal Beach, CA 90740
p~~ p~ Information: (562) 431-2527 FAX: (562) 430-8763
• ~~~
AUNTY
diligence at the time the previous EIR was certified as complete or
the Negative Declaration was adopted, shows any of the following:
(A) The project will have one or more significant effects not
discussed in the previous EIR or Negative Declaration;
(B) Significant effects previously examined will be substantially
more severe than shown in the previous EIR;
(C) Mitigation measures or alternatives previously found not to
be infeasible would in fact be feasible, and would
substantially reduce one or more significant effects of the
project, but the project proponents decline to adopt the
mitigation measure or alternatives; or
(D) Mitigation measures or alternatives which are considerably
different from those analyzed in the previous EIR would
substantially reduce one or more significant effects on the
environment, but the project proponents decline to adopt the
mitigation measure or alternative."
Further, Section 15164(b) allows for the preparation of "jaJn addendum to an
adopted negative declaration jto] be prepared if only minor technical changes or
• additions are necessary or none of the conditions described in Section 15162 calling for
the preparation of a subsequent E1R or negative declaration have occurred." Under
Section 15164(c), an addendum need not be circulated for public review.
Conclusions
The City has compared the earlier and current versions of the Project to
determine whether the current version triggers any of the conditions (described above)
that require the preparation of a subsequent or supplemental EIR. None of those
conditions are present in this case.
First, the changes to the Project are not so substantial as to require major
revisions of the previous Negative Declaration due to the involvement of new significant
environmental effects or a substantial increase in the severity of previously identified
significant effects. There is no evidence that the differences between the two versions
of the Project will result in a significant effect not discussed in the Negative Declaration
or an increased severity of previously identified significant impacts. The elimination of
floor area ratio standards for residential construction and daylight plan restrictions will
not result in any significant impacts because these regulations are not part of the
current Zoning Code. Thus, in these two respects, permitted development will be the
same as currently allowed under the existing Zoning Code. The elimination of the 25-
foot height limit on residential construction in Old Town will not result in any new
significant impacts because the height limit was not part of the Project at the time it was
• analyzed in Initial Study/Negative Declaration 08-01. Thus, any impacts that could
result from residential construction between 25 feet and 35 feet (the maximum permitted
DS - Stiff Report - F -Title 11 (Addendum to ND) 3
~° E4` of City of Seal Beach
ro"9~o s
~-~~ 211 Eighth Street, Seal Beach, CA 90740
~~ Information: (562) 431-2527 FAX: (562) 430-8763
AUNTY LP
height under the old code and the new version of the Project) have already been
analyzed. In addition, there is no evidence that any significant effects previously
examined will be substantially more severe than shown in the Negative Declaration
because Initial Study/Negative Declaration 08-01 determined that the earlier version of
the Project would not have any significant effects.
Second, there have been no substantial changes since approval of the earlier
version of the Project with respect to the circumstances under which the current Project
will be undertaken that will require major revisions of the Negative Declaration due to
the involvement of new significant environmental effects or a substantial increase in the
severity of previously identified significant effects. The two versions of the Project are
identical in almost every respect and it has only been four months since the earlier
version was adopted. There have been no significant changes in the circumstances of
the City since that time.
Third, there is no new information of substantial importance that was not known
or could not have been known with the exercise of reasonable diligence at the time the
previous Negative Declaration was adopted, and that shows that the Project will have
one or more significant effects not discussed in the Negative Declaration, or that
significant effects previously examined will be substantially more severe than shown in
the Negative Declaration.
In sum, because there is no evidence that the current Project will create any new
significant effects or increase in the severity of previously identified effects, a
supplemental or subsequent EIR need not be prepared, and the City may rely on this
Addendum to approve the current version of the Project.
•
•
Cl
DS -Staff Report - F -Title 11 (Addendum to ND) 4,
Adoption of Ordinance No. 1576 -
De/eting Chapter 28, Zoning, in ifs Entirety
and Adopting a New Title 11, Zoning
• City Council Staff Report
August 11, 2008
ATTACHMENT 3
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
•
DS -Staff Report - F -Title 11 -Ord #1576 6
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. Delete "Revised Final Draft' designator on the cover page
and on all headers throughout the document.
B. Indicate adoption date on cover page as August 11, 2008.
SECTION 2. The City Clerk is directed to incorporate the above revisions,
Items "A" and "B" 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 11th day of August , 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 11th day of Auoust , 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 Seai Beach City Charter and Resolution Number 2836.
City Clerk