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HomeMy WebLinkAboutPC Res 03-13 - 2003-03-05 ORIGINAL RESOLUTION NUMBER 03-13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH RECOMMENDING TO THE CITY COUNCIL APPROV AL OF ZONE TEXT AMENDMENT NO. 03-1, REVISING THE DEVELOPMENT STANDARDS OF THE LIMITED COMMERCIAL (L-C) ZONE THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. On July 8, 2002 the City Council authorized initiation of General Plan and Zone Change studies to consider alternative land uses for the eXIsting L-C zoned areas on Seal Beach Boulevard. The Planning Department held "Public Information Meetings" to discuss the direction of the City Council, the history of zoning of the area, and issues for discussion on July 31 and November 20, 2002. Based on the discussions at those information meetings staffhas proceeded with the request as presented. Section 2. The requests being considered, in the opinion of staff, generally conform to the expressed desires of the majority of persons that attended the information meetings. Section 3. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~~ II.C and III ofthe City's Local CEQA Guidelines, staff prepared an Initial Study and a Negative Declaration, which is being circulated for public review and comment from February 11, 2003 to March 17, 2003, in compliance with the provisions of the California Environmental Quality Act and the City's Local CEQA Guidelines. The Negative Declaration was reviewed by the Planning Commission at a public hearing held on March 5, 2003 in relation to the land use proposal. Section 4. A duly noticed public hearing was held before the Planning Commission on March 5, 2003 to consider the subject applications. At the public hearing, the Planning Commission invited and considered any and all testimony offered in favor or opposition to said applications. Section 5. The record of the hearings indicates the following: a) The City of Seal Beach seeks to consider alternative land uses for the existing L-C zoned areas on Seal Beach Boulevard. b) On July 8, 2002 the City Council authorized initiation of General Plan and Zone Change studies to consider alternative land uses for the existing L-C zoned areas on Seal Beach Boulevard. c) The Planning Department held "Public Information Meetings" to discuss the direction of the City Council, the history of zoning of the area, and issues for discussion on July 31 and November 20, 2002 d) A mixture of single family and multi-family residential uses in the Residential Medium and Residential High Density (RMD and RHD) zones abuts the subject area to the west and south. Directly across Seal Beach Boulevard, to the east, is the main ship loading facilities for the Seal Beach Naval Weapons Station, in the Public Land Use/Recreation (PLU/R) Zone. North of the subject area along Seal Beach Boulevard are new single-family residences in the RMD zone. This residential development was previously zoned C-2. e) The City has previously approved revisions to the Land Use Element and a zone change regarding the "Shore Shop" properties located north of Landing Avenue along Seal Beach Boulevard. The City adopted ''Negative Declaration 98-3 - Anaheim Bay Villas - General Plan Land Use Element Amendment and Zone Change from General Commercial Land Use Element designation and C-2 Zone to Residential Medium Density Land Use Element C \Documents and Settmgs\LWhlttcnbeIE\My Documents\RESO\ZTA 03-1 PC Reso doc\LW\03-3I-03 Plannmg CommIssion ResolutIOn 03-13 Zone Text Amendment 03-1 LImIted CommercIal Zone RevIsIOns March 5, 2003 designation and Residential Medium Density (RMD) Zoning designation". This Negative Declaration evaluated potential impacts for a General Plan Land Use Element Amendment and Zone Change to allow for the construction of 9 residences immediately to the north of the 3 properties currently located in the C-2 zone north of Landing Avenue. The accompanying zone change request was approved by the City, the California Coastal Commission, and 8 of the 9 permitted homes have been constructed. f) The proposed residential development standards would permit a density of 17.4 units per acre, or 1 unit for each 25-foot wide lot within the project area. Many of the properties are currently developed with existing legal, non-conforming multiple-family residential properties, and it is not anticipated that these developments would be removed for the replacement with single-family residences, due to the economic factors involved with high rental rates in this area of the City. g) If all of the existing legal non-conforming multiple-family residential unit developments (50 units) were to demolished and replaced with allowable new single family units only (approximately 27 units), the area would experience a net loss of 23 units, resulting in a net population loss to this area of the community, and a maximum potential loss of 0.16% of the total number of housing units within the City. Section 6. Based upon substantial evidence in the record of the Planning Commission hearings regarding the application, including the facts stated in ~ 5 of this resolution, and in the environmental documentation prepared in conjunction with this project, and pursuant to ~~ 28-2600 and 28-2602 of the City's Code, the Planning Commission hereby finds that Zone Text Amendment 03-1 WIll be beneficial to the short term and long term land use goals of the City of Seal Beach. The Planning Commission further finds that approval of the subject Zone Text Amendment will promote the public health, safety and welfare. Therefore, the Planning Commission finds that the requested Zone Text Amendment to the City of Seal Beach Zoning Ordinance will be in the public interest, and makes the following findings of fact: (a) The proposed Zone Text Amendment will conform allowable land uses within the Limited Commercial (L-C) Zone to the goals and policies of the Land Use Element and Zoning Map for the subject area, as revised, and provides for a comprehensive range of development options for the Limited Commercial (L-C) Zone that will accomplish the following goals of the City in achieving sustainable development on the subject property: 1. Creates a range of allowable land uses within the Limited Commercial (L-C) Zone that is compatible and consistent with the prevailing pattern of land uses in the immediate vicinity. 2. Promotes the general integrity of the neighborhood by allowing for a combination of both retail, office and residential uses that are intended to encourage revitalization ofthe subject properties. 3. Creates a comprehensive range of allowable development options for underutilized and potentially incompatible properties. b) The Planning CommiSSIOn has identified the project objective of allowing for greater flexibility in the allowable land uses within the "Limited Commercial" General Plan Land Use Element land use designation and the "Limited Commercial" provisions of the Seal Beach Zoning Ordinance. The proposed zone text amendment will include additional provisions regarding allowable land development uses within the Limited Commercial zone, thereby allowing greater development flexibility along the subject frontage of Seal Beach Boulevard. c) In 1992 the City established the "Limited Commercial" General Plan Land Use Element land use designation and the "Limited Commercial" provisions of the Seal Beach Zoning Ordinance in an attempt to encourage private revitalization of properties in the Limited Commercial zone deSIgnation along Seal Beach Boulevard. Prior to 1992 the properties south of Landing Avenue were located in a "General Commercial" Land Use Element and Zoning designatIOn, and no new commercial development had occurred in the area in over 20 years. ZTA 03-1 PC Rcso 2 Plannl1lg CommISSIOn ResolutIOn 03-13 Zone Text Amendment 03-1 LImited Commercial Zone RevIsIOns March 5, 2003 d) The 1992 reVlSlons were adopted to encourage a range of mixed-use developments. It was hoped the ability to also construct residential land uses in conjunction with a commercial or office use would serve as an additional incentive for private revitalization efforts. Those efforts have not been successful, and the City is now proposing to allow a free- standing residential development in the area also. e) Proposed Zone Text Amendment 03-1, and the necessary General Plan Amendments and Zone Change, will not be detrimental to the short term or long-term goals or objectives of the City of Seal Beach and are in the interest of the public health, safety and welfare. Proposed Zone Text Amendment 03-1 is consistent with the General Plan, as amended pursuant to General Plan Amendment 03-1. Section 7. Based on the foregoing Sections 1 through 6, the Planning Commission hereby recommends that the City Council approve Zone Text Amendment 03-1. Only Section 28-300(2)(e), Section 28-1150 and Section 28-1151 require amendments and Section 28-1155.F.4 is to be deleted; all other provisions of Article 11.5 remain unchanged. The Commission hereby recommends that the CIty Council amend the development provisions of the Limited Commercial (L-C) Zone as indicated below: 1. Revise Section 28-300(2)(e) to read as follows: "( e) L-C/RMD Limited commercial/Residential medium density zone," 2. Revise Section 28-1150 and 28-1151 to read as follows: "Article 11.5. Limited CommerciallResidential Medium Density Zone Section 28-1150. Declaration of Legislative Intent. It is hereby declared to be the intent of the LC/RMD - Limited Commercial/Residential Medium Density Zone - to establish reasonable standards that permit and control limited commercial and office uses in conjunction with residential uses. Furthermore, it is the intent of this part to: A. Encourage commercial, 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 between residential and nonresidential uses within and abutting the zone. D. 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. E. Encourage uses that minimize noise and congestion. F. Recognize that mixed-use developments may not be the only acceptable land use by also allowing residential development to occur as a stand- alone use within the Limited Commercial/Residential Medium Density Zone. Section 28-1151. Permitted Uses. In the L-C/RMD zone, the following uses only are pennitted 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, books, jewelry, apparel, tobacco and related supplies, or craft shops, making articles exclusively for retail sale on the premises. ZTA 03-1 PC Reso 3 ~ Planlllng CommISSIOn ResolutIOn 03-13 Zone Text Amendment 03-1 LImIted Commerczal Zone RevisIOns March 5, 2003 B. Personal service shops including, but not limited to, tailor, barber, beauty salon, shoe repair, dressmaking, or similar service uses. C. Business offices including, 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, music, photography, radio, or television. E. Professional offices for lawyers, engineers, architects, landscape architects, urban planners, accountants, economic consultants, doctors, dentists, chiropractors, or other practitioners of the healing arts for humans, or other professionals of a similar nature. F. Residential uses located only on the second floor and above, when the floors below the second floor do not contain residential uses. All such residential uses shall comply with all provisions of this Article pertaining to residential development. 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. Residential use located as a stand-alone use; not in conjunction with a permitted or conditionally permitted non-residential use. Said uses shall comply with all of the development standards for the Residential Medium Density Zone (RMD Zone), except for the Front Yard Setback requirements, which shall be in conformance with the development standards of the Residential High Density Zone (RHD Zone), District I standard. I. Any use determined by the Planning Commission to be of a nature similar to the uses listed above." 3. Delete Section 28-1155.F.4 it its entirety. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 5th_day of March , 2003 by the following vote: AYES: Commissioners Deaton, Hood, Ladner, Shanks, and Sharp NOES: Commissioners None ABSENT: Commissioners None ABSTAIN: Commissioners None ~! David Hood, Ph.D., hainnan Planning Commission ee Whittenberg, Secretary lanning Commission ZTA 03-1 PC Rcso 4