HomeMy WebLinkAboutPC Res 1659 - 1991-11-20
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RESOLUTION NUMBER 1659
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SEAL BEACH RECOMMENDING TO THE CITY
COUNCIL APPROVAL OF ZONING TEXT AMENDMENT 4-
91, AMENDING SECTION 28-209, ADOPTING SECTION
28-233.5, AND ADOPTING ARTICLE 11.5, LIMITED
COMMERCIAL ZONE, SECTION 28-1150 THROUGH AND
INCLUDING SECTION 28-1158, RELATING TO THE
ESTABLISHMENT OF THE LIMITED COMMERCIAL (L-C)
ZONE WITHIN THE CITY OF SEAL BEACH
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
Whereas,
Whereas,
WHEREAS,
on April 3, 1991, the Planning Commission was requested
by several property owners along Seal Beach Boulevard
between Pacific Coast Highway and Electric Avenue to re-
institute hearings to allow for a mixture of resident~al
and commercial uses within the subject area. At the
present time the General Plan and the Code of the Citv of
Seal Beach does not allow for a mixed-use development of
this nature. Staff was requested to report back as to the
current status of those previous studies and reports and
to indicate the necessary steps to re-inst~tute
cons~deration of those previous proposals; and
on April 17, 1991, the Planning Commission considered the
report prepared by staff, and received comments from four
(4) persons relative to this issue; and
on June 5, 1991, the Planning commission received and
considered a staff report regarding the establishment of
a m~xed-use zone and accompany~ng development standards
for the subject area; and
on August 7, 1991, the Planning commission considered a
more detailed staff report regarding the proposed General
Plan amendments to the Land Use and Housing Elements to
establish the Limited Commercial (L-C) land use
designation and set forth the area to be designated as
such, the proposed Zoning Ordinance Text Amendments to
establish the Limited Commercial (L-C) Zone, and the
proposed area of the zone change from General Commercial
(C-2) to L~mited Commercial (L-C). At the conclusion of
consideration of this matter by the Planning Commission,
staff was directed to proceed with the scheduling of the
necessary public hearings; and
the City is proposing to establish a Limited Commercial
(L-C) General Plan land use designation and zoning
designation and to change the zoning of thirteen (13)
lots from General commercial, (C-2) to Limi ted
commercial, (L-C); and
the subject area is described as the westerly side of
Seal Beach Boulevard between Landing Avenue and the
northerly Electric Avenue alley, more particularly
described as:
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Lots 9, 11, 13, 15, 17, 19, 21, 23, 25, 27, 29, 31, 33,
35, 37, 39, 41, 43, 45, 47, 49, 51, 53, 55, 57, 59, and
61, in Block 218 of Tract 10, "Anaheim Bay Tract", in the
city of Seal Beach, County of Orange, State of
california, as per map recorded ~n Book 9, Page 10 of
Miscellaneous Map, in the Office of the County Recorder
of Sa~d County; and
the subject area is comprised of thirteen (13) lots,
encompassing an area of 69,907.5 square feet (1.60
acres). Presently, all thirteen (13) of the lots are
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designated in the General Plan for General Commercial
purposes and are zoned General commercial, (C-2); and
WHEREAS, staff has prepared an initial environmental assessment
and proposed Negative Declaration as required by the
California Environmental Quality Act (CEQA); and
WHEREAS, a duly noticed public hearing was held on November 6,
1991 to consider Zoning Text Amendment 4-91; and
WHEREAS, the said Commission held said aforementioned Public
Hear~ng; and
WHEREAS, at said public hearing there was oral test~mony received
by the Planning Commission from four persons favoring the
project proposal; and
WHEREAS, the Planning Commission makes the following findings:
1. The proposed General Plan Amendments, Zoning Text
Amendments and Zone Change will provide a less
intensive use than is presently allowed under
current General Plan and zoning designations.
2. This proposal will result in completion of a city
study which was initiated in 1983 and adopted in
1986, but not f~nalized until adoption of the
proposed General Plan Amendments, Zoning Text
Amendments, and Zone Change.
3. This proposal will encourage the establishment of
new commercial, service, institutional and office
uses that do not attract large volumes of traffic
and continuous customer turnover.
4. This proposal will limit and discourage development
of strip-type, highway-oriented commercial uses
that create traffic hazards and congestion because
they require numerous ~nd~ vidual curb cuts and
generate higher traffic volumes.
5. This proposal will minimize visual and functional
conflicts between residential and nonresidential
uses within and abutting the zone.
6. This proposal will encourage elimination of curb
cuts for vehicular access and promote more
efficient and economical parking facilities,
utilizing both on-street parking, off-street
parking and off-site parking facilities.
7. This proposal will encourage uses that minimize
noise and congestion.
NOW, THEREFORE BE IT RESOLVED that the Planning commission of the
City of Seal Beach does hereby recommend approval of Zoning Text
Amendment 4-91 to the city council, as ~ndicated below:
1. Amend section 28-209 to read as follows:
"Section 28-209. Basement. "Basement" means that portion of
a building between floor and ceiling which is partly below and
partly above grade, having a least 2/3's of the height below
grade. A basement, when designed for or occupied for business
or manufacturing or for dwelling purposes, shall be considered
a story." (Amendment to existing Section of Code)
2. Add section 28.2335 to read as follows:
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"section 23-233.5. Floor Area Ratio (FARl. "Floor Area
Ratio" means the gross floor area of all buildings on a lot
divided by the lot area, includ~ng storage space, outdoor sale
and display areas, and circulation areas other than landscaped
open space accessible to the pUblic." (Addition of new
section to Code)
3. Add Article 11. 5, Section 28.1150 through and including
Section 28.1158 to read as follows:
"ARTICLE 11.5 LIMITED COMMERCIAL ZONE
Section 28-1150.
Declaration of Leaislative Intent.
It ~s hereby declared to be the intent of the LC - Limited
Commercial Zone - to establish reasonable standards that
permit and control limited commercial and office uses in
conjunction with residential uses. It is not the intent of
this zone to allow uses which are purely res~dential in
nature. Furthermore, it is the intent of this part to:
A. Encourage commerc~al, service, institutional and office
uses that do not attract large volumes of traffic and
continuous customer turnover.
B. Limit and discourage development of strip-type, highway-
oriented commercial uses that create traffic hazards and
congestion because they require numerous individual curb
cuts and generate higher traffic volumes.
C.
Minimize visual and functional conflicts
residential and nonresidential uses within and
the zone.
between
abutting
D. Encourage elimination of curb cuts for vehicular access
and promote more efficient and economical parking
fac~lities, utilizing both on-street parking, off-street
parking and off-site parking facilities.
E. Encourage uses that minimize noise and congestion.
Section 28-1151.
Permitted Uses
In the L-C zone, the following uses only are permitted and as
hereinafter specifically provided and allowed by this article:
A. Retail specialty shops including, but not limited to, the
sale of gifts, antiques, flowers, art works, books,
jewelry, wearing apparel, tobacco and related supplies,
or craft shops, making articles exclusively for retail
sale on the premises.
B. Personal service shops including, but not limited to,
tailor, barber, beauty salon, shoe repair, dressmak~ng,
or similar service uses.
C. Business offices includ~ng, but not limited to, security
and commodity brokerage, real estate sales, travel
agency, employment counseling, insurance sales,
advertising, mailing, and stenographic services, and
other services of a similar nature.
D. Studios for dance, art, mus~c, photography, radio, or
television.
E. Professional offices for lawyers, engineers, architects,
landscape architects, urban planners, accountants,
economic consultants, doctors, dentists, chiropractors,
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or other practitioners of the healing arts for humans, or
other professionals of a similar nature.
F. Residential uses only in conjunction with a permitted or
condi tionally permitted non-residential use, located only
on the second floor and above.
G. Nursery schools, day care centers, private or trade
schools, outdoor play hours shall be limited to between
9:00 a.m. and 5:00 p.m.
H. Any use of a similar nature to the above when approved by
the Planning Comm~ssion.
section 28-1152.
Use Limitations.
Limitations in this section apply to uses proposed after the
effective date of the section and changes to existing
establishments caused by expansion or reduction of space or
change of service/product mix. If one-third (33-1/3%) of an
establishment's floor area or gross revenues are derived from
a conditional use, the establishment will be so categorized.
A. No business shall be permitted whose hours of operation
begin before 7:00 a.m., or continue beyond 10:00 p.m.,
unless a Conditional Use Permit is secured.
B. No use shall be permitted in which more than twenty-five
percent (25%) of the floor area ~s devoted to non-public
storage unless a Conditional Use Permit is secured.
C. All activities and storage must be carried on within a
bu~lding unless a Conditional Use Permit is secured.
D. No establishment shall have an exterior service window
unless a Cond~tional Use Permit is secured.
E.
The maximum gross floor area occupied by
establishment shall be 3,000 square feet,
Conditional Use permit is secured.
a single
unless a
section 28-1153.
Conditional Uses
The following uses may be permitted by the Planning Commiss~on
as a Conditional Use in accordance with the provisions of
Section 28-2503.:
A. Television and appliance repair.
B. Bakery for production of articles to be sold at retail
only on the premises.
C. conversion of residential use to a non-res~dential use,
provided all other applicable standards of this section
are met.
D. outdoor sale and display areas.
Section 28-1154.
Standards and Criteria for Conditional
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The planning Commission may authorize a use as a conditional
use if it conforms with the following standards and criteria:
A. The proposed use is in conformance with the provisions of
the General Plan.
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B. The proposed use is compatible with adjacent uses of
property within the immediate area.
C. The proposed use will not attract large volumes of
vehicular traffic.
D. The proposed use is of a similar architectural scale to
existing development in the zone or will use an existing
building for its purposes.
E. Minimum visual and functional conflict will be created
between the proposed use and nearby uses.
F. Anticipated noise and congestion created by the use will
be comparable to that of nearby uses.
G. The use shall not require servicing or deliveries of
materials, stocks, or supplies by trucks having more than
two axles.
H. The proposed use will not result in the domination of one
type of use within the zone.
Section 28-1155.
General Provisions. Lot Size. Open Space.
Bulk and Yards.
A. Minimum Lot Size:
width............................................ 25 ft.
Depth.......................................... .100 ft.
Area..................................... .2,500 sq. ft.
B. Yard Dimensions:
1. Front yard abutting street:
Commercial................6 ft. average - 3 ft. minimum
Residential..............12 ft. average - 6 ft. minimum
2. Side yard abutting street:
Commercial.......l0% lot width average -
5% lot width minimum, 5 ft. maximum
Residential......15% lot width average -
10% lot width minimum, 8 ft. maximum
3. Yard abutting alley:
Rear. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 ft. on
12 ft. on
13 ft. on
(second stor~es may encroach 1/2
setback)
4. Yard not abutting street or alley:
15 ft. alley
12 ft. alley
11 ft. alley
the required
Commercial....................................... .none
Residential....................lO% lot w~dth;*,
3 ft. minimum, 10 ft. max~mum
* Exception: For required residential
parking spaces on lots of less than thirty-
seven and one-half (37.5) feet in width, an
encroachment into the exterior side yard for
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the length of the garage will be permitted.
The intent of this provision is to provide an
interior garage dimension of eighteen feet.
C. Lot Coveraae:
1. The non-residential development shall be limited to a
maximum Floor Area Ratio (FAR) of 0.90 for lots having
less than 5,000 square feet of area. For lots hav~ng more
than 5,000 square feet of lot area, the non-residential
development shall be limited to a maximum Floor Area
Ratio (FAR) of 0.75, but not less than 4,500 square feet.
The FAR calculation shall include storage space, outdoor
sale and display areas, and circulation areas other than
landscaped open space access~ble to the public.
2. The residential development shall be limited to one
residential unit for each 2,000 square feet of lot area
with a maximum Floor Area Ratio (FAR) of 0.85, for lots
hav~ng less than 5,000 square feet of area. For lots
having more than 5,000 square feet of lot area the
residential development shall be limited to one
residential unit for each 2,000 square feet of lot area,
with a maximum Floor Area Ratio (FAR) of 0.70.
D. Maximum height:
1. Main Building:
Lot width less than 37 1/2 ft..............30 ft.
Lot width more than 37 1/2 ft..............35 ft.
a) Rear 1/2 of lot, 3 stories, maximum 35 ft.
b) Front 1/2 of lot, 2 stories, maximum 25 ft.
2. A c c e s s 0 r y
Bui Iding. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 ft.
3. A structure shall not exceed the he~ght limitations set
forth above which is above an imaginary plane described
by a 45 degree angle sloping inward from a point six (6)
feet above the existing grade of an adjoining rear
setback line in an "R" D~strict.
4. A basement devoted exclusively to parking shall not be
counted as a story.
E. Landscapina Reauirements:
1. A minimum of sixty percent (60%) of the area of the
required front yard setback shall be devoted to planting
areas.
2. A minimum of five percent (5%) of the lot area shall be
devoted to planting areas, not including the requ~red
front yard setback landscaping.
F.
Mixed-Use Standards:
commercial/residential
following:
structures used for mixed
use shall be subject to the
1. No new residential units may be located on the ground
floor, all new resident~al units shall be located only on
the second floor or above, where the ground floor is
occupied by a permitted or conditionally permitted non-
residential use.
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2. Each dwelling unit shall have a useable exterior open
space area of at least eighty (80) square feet, with a
minimum dimension of eight (8) feet, not utilizing any
required landing areas required in accordance with the
Uniform Building Code for required access to the
residential portions of the subject structure.
3. No new non-residential uses may be located above the
second floor.
4. New residential uses shall only be permitted only in
conjunction with a non-residential use, designed as
integral portion of the non-residential use and located
only on the second floor and above.
section 28-1156.
Reauired Parking. parkina Space size.
Form and Tvpe.
A. parkina Reauirements:
1.
Residential use parking requirements shall
accordance with the provisions of Sect~on
District I and section 28-803.
be in
28-802.
2. Non-residential use parking requirements shall be in
accordance with the provisions of section 28-1203 and
section 28-1304, as applicable for the non-residential
use.
3. Residential use parking requirements may be met by the
provision of tandem parking up to two ( 2) spaces ~n
length, so long as access to the alley from the
residential use spaces is not restricted.
4. Non-res~dential use parking requirements may be met by
the provision of tandem parking.
5. The required parking for non-residential uses may be met
by the allotment of a maximum of four (4) spaces for
every 2,500 square feet of lot area of the additional on-
street diagonal parking provided over and above the
number of parallel spaces currently ex~sting along the
west side of Seal Beach Boulevard and all of the d~agonal
spaces provided along the east side of Seal Beach
Boulevard as a credit for the required non-residential
parking requirements for new commerc~al/
professional/service uses. Provided the development of
the property utilizes at least 75% of the space which
would otherwise be required for parking in the absence of
such credit and the property owner has re~mbursed the
city on a pro-rata basis for each space so credited ~n
proportion to the costs to the city per space to develop
new spaces by restriping and other redevelopment on the
affected area of Seal Beach Boulevard.
6. The required parking for non-residential uses may be met
by the provision of additional on-street parking spaces
as a result of the closure of existing curb cuts, on a
space for space basis for the required non-residential
parking requirements for new commercial/
professional/service uses.
Section 28-1157.
sian Reauirements:
A. Residential and Non-Residential use sign requirements
shall be in accordance with the provisions of Section 28-
1800 throuah 28-1812, in general.
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B. Specific sign requirements for residential uses shall be
in accordance with section 28-1804.1.
c. Specific sign requirements for non-residential uses shall
be in accordance with Section 28-1804.3.
Section 28-1158.
Desian Rev~ew:
A. All requests for new construction pursuant to this
Article shall be reviewed by the Planning Commission ~n
accordance with the Consent Calendar Plan Review
procedures, as set forth in section 28-2407.B."
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City
of Seal Beach at a meeting thereof held on the 20th day of
November , 1991, by the following vote:
AYES: Commissioners
SharD. Flfe. Law. Orslnl
NOES: Commissioners
ABSENT: Commissioners
Dahlman