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HomeMy WebLinkAboutPC Res 10-22 - 2010-05-05RESOLUTION NUMBER 10 -22 0/9/ 6z, / � A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH RECOMMENDING TO THE CITY COUNCIL AMENDING THE SEAL BEACH MUNICIPAL CODE BY DELETING CHAPTER 28, ZONING, IN ITS ENTIRETY AND ADOPTING A NEW TITLE 11, ZONING THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1 . The City held a total of twelve Community Information Meetings regarding the proposed "Seal Beach Municipal Code Draft Title 11: Zoning, February 2010" between March 1, 2010 and March 31, 2010 at which approximately 100 persons attended. Section 2 . A joint City Council and Planning Commission Study Session was conducted on April 12, 2010 where additional City Council, Planning Commission, and public comments were received, and where staff was directed to proceed with the appropriate public hearings to consider the proposed "Seal Beach Municipal Code Draft Title 11: Zoning, February 2010." Section 3 . Pursuant to 14 Calif. Code of Regs. § 15305, staff has prepared Initial Study /Negative Declaration 2010 -1 evaluating the environmental impacts of the proposed "Seal Beach Municipal Code Draft Title 11: Zoning, February 2010." The Draft Initial Study /Negative Declaration 2010 -1 was circulated for public comment starting on April 15, 2010 and ending on May 17, 2010. The Notice of Intent to Adopt was published and contained the dates and times of the Planning Commission public hearing. Section 4 . A noticed public hearing was held by the Planning Commission on May 5, 2010 to consider the proposed "Seal Beach Municipal Code Draft Title 11: Zoning, February 2010 ". Section 5 . At said public hearing there was oral and written testimony and evidence received by the Planning Commission. Section 6 . Based upon the facts contained in the record, including those stated in Section 1 through Section 5 of this resolution and pursuant to §§ 28- 2600 of the City's Code, the Planning Commission makes the following findings: (a) The proposed "Seal Beach Municipal Code Draft Title 11: Zoning, February 2010" is a complete revision of the City's Zoning Code and is 1 of 3 Planning Commission Resolution No. 10 -22 Amending the Seal Beach Municipal Code by Deleting Chapter 28, Zoning, In Its Entirety and Adopting A New Title 11, Zoning May 5, 2010 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. (b) The proposed Title 11, Zoning, does not change standards for basic lot size, density and building intensity, setback, lot coverage, height, parking, and sign regulations of the current zoning Code. There are minor changes to allowable and discretionary land uses within the City, such as news stands, kiosks, artist's studios, catering services, and handicraft/custom manufacturing uses. New provisions related to a number of mass and bulk related issues are proposed, such as porches, additional building stepbacks for structures more than 14 feet high, use of compatible material and design elements for building additions, and other design and aesthetic matters of concern to the City. (c) 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. (d) Based on the public testimony received, and additional recommendation from the Commission and City staff, additional revisions are determined to be appropriate to proposed "Seal Beach Municipal Code Draft Title 11: Zoning, February 2010," and are set forth in "Exhibit A" attached hereto. (e) Said proposed "Seal Beach Municipal Code Draft Title 11: Zoning, February 2010," and the recommended additional revisions set forth in "Exhibit A" are consistent with the adopted General Plan of the City. Section 7 . Based upon the foregoing, the Planning Commission hereby recommends adoption of Title 11: Zoning to the City Council as set forth in "Seal Beach Municipal Code Draft Title 11: Zoning, February 2010" and on file in the Office of the City Clerk, with recommended revisions as indicated on "Exhibit A ", attached hereto and made a part hereof. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 5 th day of May 2010 by the following vote: 2 of 3 Planning Commission Resolution No. 10 -22 Amending the Seal Beach Municipal Code by Deleting Chapter 28, Zoning, In Its Entirety and Adopting A New Title 11, Zoning May 5, 2010 AYES: Commissioners Deaton, Bello, Galbreath, and Massa - Lavitt NOES: Commissioners None ABSENT: Commissioners None ABSTAIN: Commissioners None Ellery Deaton Chairperson, Planning Commission Mark Persico, CP Secretary, Planning Commission 3of3 Planning Commission Resolution No. 10 -22 Amending the Seal Beach Municipal Code by Deleting Chapter 28, Zoning, In Its Entirety and Adopting A New Title 11, Zoning May 5, 2010 "EXHIBIT A" The Planning Commission recommends the following amendments based on further review and receiving input from the public information meetings and at the Planning Commission Public Hearing: (Note: Text to be added is indicated by bold and double - underline and text to be deleted is indicated by ) Part I: General Provisions Record of Interpretations: Section 11.1.10.015.C.3: Revise Section 1.1.1.10.015.C.3 to read as follows: "3. Record of Interpretations. Official interpretations shall be: a. Written, and shall quote the provisions of the Zoning Code being interpreted, and the applicability in the particular or general circumstances that caused the need for interpretations, and the determination; and b. Distributed to the Council, Commission, City Manager, City Attorney, City Clerk, and Department staff within 3 days of issuina such written interpretation (See Part I, page 9 for current language) Part II: Base District Regulations 2. Table 11.2.05.010: Use Regulations — Residential Districts — Revise to read as follows: TABLE 11.2.05.010 (Continued) USE REGULATIONS — RESIDENTIAL DISTRICTS RLD I RMD I RHD I Additional Regulations Transportation, Communication, and Utility Use Types Communication Facilities See Chapter 11.4.70 Antennae and Transmission Towers 42 C R C 42 C Satellite dishes less than 39" P P P in diameter 4of27 Planning Commission Resolution No. 10 -22 Amending the Seal Beach Municipal Code by Deleting Chapter 28, Zoning, In Its Entirety and Adopting A New Title 11, Zoning May 5, 2010 4 1 4 (See Part II page 5 for current language) Table 11.2.05.015, Development Standards for Residential Districts: Clarify language in Table 11.2.05.015, Development Standards for Residential Districts, to add the clarifier "(E)" to the following development standard for the RLD -15 District to indicate that there are additional specific standards regarding the various Tracts in Bridgeport, depending on which tract a property is located in: ❑ Minimum Floor Area (sq. ft.) — Primary Dwelling Unit; revise to read 1 1,200 iUE " ❑ Maximum Height (ft.); revise to read "25 LE J" ❑ Projections; revise to read "Yes tE " ❑ Minimum Common Open Space per Unit (sq. ft.); revise to read "Yes fE. "; and ❑ Minimum Private Open Space per Unit (sq. ft.); revise to read "Yes tEJ (See Part II, pages 7 through 12 for current language) Non - Habitable Architectural Features: Section 11.2.05.015.A, Standards for Surfside: Add a new subsection 11.2.05.015.A.6: Non - Habitable Architectural Features to read: " 6. Non- Habitable Architectural Features. a. Non- habitable architectural features, such as spires. towers, cupolas, belfries, monuments. parapets (not required by Uniform Building Code), domes and covered access to open roof decks may exceed the height limit established pursuant to Section 11.2.05.015.A.3 a maximum of 7 feet if granted pursuant to the procedures contained in this section b Permit Requirement. Administrative Use Permit approval pursuant to Chapter 11.5.20: Development Permits is required for all non - habitable architectural features above the established height limit. C. Considerations for Approval of an Administrative Use Permit. In making the findings_ required for the approval of an Administrative Use Permit pursuant to Chapter 11.5.20: 5 of 27 Planning Commission Resolution No. 10 -22 Amending the Seal Beach Municipal Code by Deleting Chapter 28, Zoning, In Its Entirety and Adopting A New Title 11, Zoning May 5, 2010 Development Permits, the following additional issues shall also be considered. L Whether such variation is appropriate for the architectural style of the building. (a) Whether all roofing materials of a covered stairwell to an open roof deck are in substantial conformity with the roofing materials of the remainder of the structure. (b) Whether a covered stairwell to an open roof deck is located along peripheral exterior walls of the structure. (c) Whether a covered stairwell to an open roof deck is limited to the minimum area, both horizontally and vertically, necessary to cover the stairwell. ii. Whether such variation is appropriate for the character and integrity of the neighborhood. iii. Whether such variation significantly impairs_ the primary view from any property located within 300 feet. iv. Detailed and complete plans for the proposed work. (See Part II, page 15 for current language) Revise existing Section 11.2.05.015.A.6: General Requirements to new section 11.2.05.015.A.7. (See Part II page 15 for current language) Delete Section 11.2.05.015.J.3: Projections above the Height Limit, in its entirety. (See Part 11, page 25 for current language) Revise Table 11.5.20.010: Review Authority to add AUP item regarding subsection 11.2.05.015.A.6: Non - Habitable Architectural Features, and revise other AUP references regarding Surfside to read as follows: TABLE 11.5.20.010 (Continued) REVIEW AUTHORITY Chapter 11.2.05 — Residential Districts (Continued) 6 of 27 Use Permit Required Land Use Entitlement or Activity Requirement is in Section: Administrative Use Permit Conditional Use Permit Surfside — non - habitable § 11.2.05.015.A.6 X architectural features 6 of 27 Planning Commission Resolution No. 10 -22 Amending the Seal Beach Municipal Code by Deleting Chapter 28, Zoning, In Its Entirety and Adopting A New Title 11, Zoning May 5, 2010 Surfside — zero side yard 11.2.05.015.A.7.c X Surfside — nonconforming building expansion & 11.2.05.015.A.7.a X Any conforming revisions to cross - references to these sections will also be made. 5. Projections: Section 11.2.05.015.J Revise Section 11.2.05.015.J by deleting subsection 3, Projections above the Height Limit in its entirety, and renumbering subsection 4, Projections — RLD- 15 District, and subsection 5, Projections — RHD -20 District to new subsections 3 and 4, respectively. (See Part II, pages 25 -26 for current language) 6. Additional Front Setback Above 14 Feet: Section 11.2.05.015.P Revise Section 11.2.05.015.P to read as follows: "P. Additional Front Setback Above 14 Feet. Any portion of the building above 14 feet that exceeds 70% of the maximum front building imlinuoton width shall be stepped back from the front setback line a distance of at least 8% of the lot depth, up to 12 feet. See Figure 11.2.05.015. P: Front Stepback Above 14 Feet." (See Part II, page 28 for current language) 7. Required Garage Exception — Surfside: new subsection 11.2.05.015.U.6. Add new subsection 11.2.05.015.U.6, Required Garage Exception — Surfside, to read as follows: " 6. Required Garage Exception — Surfside. The number of garage parking spaces required pursuant to Table 11.4.20.015.A: Required Parking, for single -unit dwellings in the Surfside District shall be reduced by one space for single -unit dwellings of 6 bedrooms or more if the subject property provides a minimum tear area of 9 feet by 22 feet between the private street property line and the face of a two -car garage equipped with a roll -up door to accommodate vehicles. (See Part II, page 36 for current language) 8. Required Garage Exception — 11.2.05.015. U.7. RHD -20 District: new subsection 7 of 27 Planning Commission Resolution No. 10 -22 Amending the Seal Beach Municipal Code by Deleting Chapter 28, Zoning, In Its Entirety and Adopting A New Title 11, Zoning May 5, 2010 Add new subsection 11.2.05.015.U.7, Required Garage Exception — RHD -20 District, to read as follows: 7 . Required Garage Exception — RHD -20 District. The number of garage parking spaces required pursuant to Table 11.4.20.015.A: Required Parking, for single -unit dwellings in the RHD -20 District shall be reduced by one space for single -unit dwellings of 6 bedrooms or more if the subject property arovides a minimum clear area of 9 feet by 22 feet between the alley ropertv line and the face of a two -car garage equipped with a roll -up door to accommodate vehicles. (See Part II, page 36 for current language) Re -letter existing subsection 11.2.05.015.U.6, Location of Parking for Multi - Unit Dwellings, to new subsection 11.2.05.015.U.$. (See Part II, page 37 for current language) Revise Table 11.4.20.015.A: Required Parking, to include the following language in "Additional Regulations" for Single Unit Dwelling: " See also Section 11.2.05.015.U.6: Required Garage Exception — Surfside " See also Section 11.2.05.015.U.7: Required Garage Exception — RHD -20 District. (See Part IV, page 101 for current language) Revise Table 11.5.20.010: Review Authority regarding "Exception to allowable parking locations — multi -unit residential' to indicate "11.2.05.015.U.8 ". (See Part V, page 37 for current language). 9. Table 11.2.15.010: Use Regulations — Commercial and Mixed Use Districts — Revise to read as follows: TABLE 111.10.0,10' ontinubd USE REGULATIONS — COMMERCIAL AND USE 'DISTRIGTS LC/ PO MSSP SC GC Additional RMD Regulations Transportation, Communication and Utility Use Types Wireless Communication See Chapter 11.4.70: Facilities Wireless Telecommunications 8 of 27 Planning Commission Resolution No. 10 -22 Amending the Seal Beach Municipal Code by Deleting Chapter 28, Zoning, In Its Entirety and Adopting A New Title 11, Zoning May 5, 2010 (See Part II page 48 for current language) 10. Massage Land Uses: Chapter 11.2.10: Base District Regulations — Commercial and Mixed -Use Districts. Establish a definition for "Spa" and "Day Spa" in Title 11, and require a Conditional Use Permit for Spa, Day Spa, and Massage establishments. a. Revise Table 11.2.10.010, Use Regulations — Commercial and Mixed Use Districts, as indicated below: • it `: •.6 ' : ^,r.•i, • .fir •n; ;. TABLE 11.2.10.010 (Continued) ..USE REGULATIONS — COMMERCIAL MIXED - USE . - DISTRICTS LC/ PO Facilities Antennae and Transmission GC Additional RMD Towers PC PC PC PC PC -- awdWgs P C See Chapter 5, Massaae Establishments P Satellite dishes less than See Chapter Massa _ _ 79" in diameter (See Part II page 48 for current language) 10. Massage Land Uses: Chapter 11.2.10: Base District Regulations — Commercial and Mixed -Use Districts. Establish a definition for "Spa" and "Day Spa" in Title 11, and require a Conditional Use Permit for Spa, Day Spa, and Massage establishments. a. Revise Table 11.2.10.010, Use Regulations — Commercial and Mixed Use Districts, as indicated below: • it `: •.6 ' : ^,r.•i, • .fir •n; ;. TABLE 11.2.10.010 (Continued) ..USE REGULATIONS — COMMERCIAL MIXED - USE . - DISTRICTS LC/ PO MSSP SC GC Additional RMD Regulations Commercial Use Types (Continued) Day Spa /Spa _ -- C C C See Chapter 5, Massaae Establishments See Chapter Massa _ _ C C C 5.45, Massaae Establishments Personal Improvement Services P P P P P Massaae. See Chapter A A A A A 5.45, Massaae Accessory Establishments Personal Services P P P P P Massage, See Chapter ® A A A A .45. Massaae Accessory Establishments (See Part II, page 45 through 49 for current language) b. Part IV: Section 11.4.85.025, Commercial Use Classifications: Revise "Personal Improvement Services" to read as follows: 9of27 Planning Commission Resolution No. 10 -22 Amending the Seal Beach Municipal Code by Deleting Chapter 28, Zoning, In Its Entirety and Adopting A New Title 11, Zoning May 5, 2010 "u. Personal Improvement Services. Provision of instructional services or related facilities, including photography; fine arts; crafts; dance or music studios; driving schools; business and trade schools; diet centers, reducing salons, single - purpose fitness studios such as yoga studios or aerobics studios. This classification is intended for more small -scale storefront locations and is distinguishable from small -scale commercial recreation uses that tend to occupy larger sites and generate more noise. This classification does not include massage except as an accessory use. 1. Massage, Accessory. A use where massages occur as an accessory to a Personal Improvement Services use, either permanently or temporarily, and the area where the massage occurs occupies less than 20 percent of the gross floor area of the principal Personal Improvement Services use. (See Part IV, page 286 for current language) 2. Revise "Personal Services" to read as follows: "V. Personal Services. Provision of recurrently needed services of a personal nature. This classification includes barber and beauty shops, seamstresses, tailors, dry cleaning agents (excluding large -scale bulk cleaning plants, shoe repair shops, self service laundries, and travel agents. This classification does not include massage except as an accessory use. 1. Massage, Accessory. A use where massages occur as an accessory to a Personal Services use. either permanently or temporarily, and the area where the massage occurs occupies less than 20 percent of the gross floor area of the principal Personal Services use. (See Part IV, page 286 for current language) C. Part VI: Section 11.6.05.010 — Definitions of Specialized Terms and Phrases Add the following definitions in the appropriate sub - sections: "Day Spa ": a spa offering a variety of professionally administered spa services to clients on a day -use basis. 10 of 27 Planning Commission Resolution No. 10 -22 Amending the Seal Beach Municipal Code by Deleting Chapter 28, Zoning, In Its Entirety and Adopting A New Title 11, Zoning May 5, 2010 "Massage ": see Title 5: Business Licenses and Regulations. Section 5.45.005.G for the definition of massage. "Massage. Accessory':--a use where massages occur either permanently or temporarily, and the area where the massage occurs encompasses less than 20 percent of the gross floor area of the principal use. "Massage Establishmenf% see Title 5: Business Licenses and Regulations. Section 5.45.005.1-1 for the definition of massage establishment. "Spa ": An establishment that offers patrons professionally administered cosmetic, therapeutic, or relaxation services includina but not limited to relaxation therapy, hydrotherapy. body wraps, exfoliation, electrolysis, body waxing, aromatherapy, and facial treatments. The establishment may also offer incidental light nourishment or refreshment for patrons. This use does not include barber shops, beauty shops, or nail salons. d. Revise Part IV: Table 11.4.20.015.A.1: Required Parking, to read as follows: TABLE 11.4.20.015.A.1 (Continued) REQUIRED PARKING Use Classification Required Off - Street Parking Spaces Additional Regulations Commercial Use Types (Continued) Day Spa /Spa 1 space per 300 sguare feet. Massaae Establishment 142"e per 300 square feet. Massage. Accessory 1 space per 300 sguare feet. (See Part IV, pages 106 -108 for current language) Conforming Amendments to Title 5 re: Massage: The following amendment would be required in Title 5, § 5.45.035.6.11: 11 of 27 Planning Commission Resolution No. 10 -22 Amending the Seal Beach Municipal Code by Deleting Chapter 28, Zoning, In Its Entirety and Adopting A New Title 11, Zoning May 5, 2010 "11. The applicant has obtained a conditional use permit or administrative use permit pursuant to Title 11: Zoning the 11. Projections: Section 11.2.10.015.R Revise Section 11.2.10.015.R by deleting subsection 2, Allowed Projections above Height Limit in its entirety. (See Part II, pages 75 -76 for current language) 12. Table 11.2.15.010: Use Regulations — Light Manufacturing and Oil Extraction Districts — Revise to read as follows: 12 of 27 Planning Commission Resolution No. 10 -22 Amending the Seal Beach Municipal Code by Deleting Chapter 28, Zoning, In Its Entirety and Adopting A New Title 11, Zoning May 5, 2010 (See Part II page 79 for current language) 13. Table 11.2.20.010: Use Regulations — Public and Semi - Public Facilities Districts — Revise to read as follows: 9• r .• r . : - ,;r dpi TABLE 11.2.20:010 (Continued) ' TABLE 11.2.15.010 (Continued). U .'SE . REGULAATIONS — LIGHT MANUFACTURING'AND OIL EXTRACTION -' DISTRICTS ;. aK. � � t "'�a�::1;^ � '• � . � - ��P ° , 4" . ice• . �i�.1. �•' Additional Regulations LM OE Additional Regulations Transportation, Communication and Utility Use Types Wireless Communication — See Chapter 11.4.70: Wireless Facilities Telecommunications Facilities Antennae and Transmission R C R C Towers = _ awdings P P Satellite dishes less than 79" in diameter (See Part II page 79 for current language) 13. Table 11.2.20.010: Use Regulations — Public and Semi - Public Facilities Districts — Revise to read as follows: 9• r .• r . : - ,;r dpi TABLE 11.2.20:010 (Continued) ' .USE REGULATIONS ,— PUBLIC AND;SEMI- PUBLIC FACILITIES DISTRICTS PS RG Additional Regulations Transportation, Communication, and Utility Use Types Communication Facilities C C See Chapter 11.4.70: Wireless — = Telecommunications Facilities (See Part II page 90 for current language) 14. Table 11.2.25.015: Use Regulations — Open Space and Parks Districts — Revise to read as follows: - •jai.. . ,,.• .. ,: TABLE 11:2.25.015 (Continued) USE REGULATIONS — OPEN SPACE AND PARKS•DI$TRICTS' OS - N OS- PR I Additional Regulations Transportation, Communication, and Utility Use Types 13 of 27 Planning Commission Resolution No. 10 -22 Amending the Seal Beach Municipal Code by Deleting Chapter 28, Zoning, In Its Entirety and Adopting A New Title 11, Zoning May 5, 2010 TABLE .2.25.015 (Continued) °USE REGULATIONS - OPEN SPACE AND PARKS DISTRICTS OS - N OS - PR Additional Regulations Communication Facilities C See Chapter 11.4.70: _ — Wireless Telecommunications Facilities (See Part II page 96 for current language) Part III: Overlay District Regulations 15. General Provisions — Section 11.3.05.015.B Revise Section 11.3.05.015.13, Overlay Zone Use, as indicated below: 11 13. Overlay Zone Use. The uses specified in Section 11.3.05.010.B are permitted in the Residential Conservation Overlay District subject to compliance with the following standards: 1. Structure Qualifications A residential structure may qualify for such use if it meets either of the following standards: a Is a 'residential structure constructed prior to 1925. b. Is a residential structure that has been reconstructed to replicate a previously existing residential structure that was constructed prior to 1925 on the same lot. 32. Minimum Lot Size. The subject property shall have a minimum lot size of 5.000 square feet 63. Owner /Operator Requirement. (All remaining sub - sections renumbered accordingly) 14 of 27 Planning Commission Resolution No. 10 -22 Amending the Seal Beach Municipal Code by Deleting Chapter 28, Zoning, In Its Entirety and Adopting A New Title 11, Zoning May 5, 2010 (See Part III, pages 4 -5 for current language) Part IV: Regulations Applying in Some or All Districts 16. Allowable Incidental Business Activities — Section 11.4.05.010.D.1.d: Revise subsection 11.4.05.010. D. 1.d to read as follows: "Live, unamplified tableside entertainment performed by no more than 2 individual (including but not limited to a singer, musician, instrumentalist, magician, balloon entertainer, face painter or comedian) in a retail store, gallery, restaurant, or cafe, and" (See Part IV, page 9 for current language) 17. Child Day Care Facilities — Section 11.4.05.045 Revise subsection 11.4.05.045, Child Day Care Facilities, to read as follows: "§ 11.4.05.045 Child Day Care Facilities. Child day care facilities shall be located, developed and operated in compliance with the following standards, in compliance with State law and in a manner that recognizes the needs of child care operators and minimizes effects on adjoining properties. These standards apply in addition to the other provisions of this Zoning Code and of licensing by the California State Department of Social Services Community Care Licensing hit the Departmen A. Permit Requirement. Conditional Use Permit approval pursuant to Chapter 11.5.20: Development Permits is required to establish and operate large family day care homes and child day care centers. B. Large Family Day Care Homes. Large family day care homes shall comply with the following standards. 1. Incidental to Residential Use of Property. The home shall be the principal residence of the child care provider, and the child care use shall be incidental to the residential use. 2. No Change to Appearance of Structure. No exterior structural alterations shall occur that would change the character or appearance of the single -unit residence. Proposed exterior structural 15 of 27 Planning Commission Resolution No. 10 -22 Amending the Seal Beach Municipal Code by Deleting Chapter 28, Zoning, In Its Entirety and Adopting A New Title 11, Zoning May 5, 2010 alterations to a currently approved home require approval of an Administrative Use Permit. 3. Separation Standards. No more than one large family day care home shall be permitted within 500 feet of any other large family day care home, nor closer than 1 per block, whichever distance is greater. The 500 -foot separation shall be measured as a straight line between the nearest points on the property lines of each affected parcel. 4. Drop Off /Pick Up Location Requirements. A safe area for picking up and dropping off children shall be provided. This activity shall only be allowed in a driveway, in an approved parking area, or in an area with direct access to the facility. Xho Cit Choi 010a me off and pieking up ehildm-n shall ne-f-i I ON M_ I N I n I N IN M N, - - . - oi i • Hip- .. .. IV, _ nmu - 16 of 27 Planning Commission Resolution No. 10 -22 Amending the Seal Beach Municipal Code by Deleting Chapter 28, Zoning, In Its Entirety and Adopting A New Title 11, Zoning May 5, 2010 445. Noise — Neighborhood Compatibility. Noise from the operation of any Large Family Day Care may not exceed that which is customary in residential neighborhoods during daytime hours. Prolonged and abnormally loud noises shall not be considered customary, while the periodic sounds of small groups of children at play shall be considered customary in residential neighborhoods during the daytime hours. 0 , czat ickrib 6=1 426. Wall Requirements — Outdoor Play Area. A W 6 -foot high, solid fence or substantially equivalent barrier shall be required to separate the outdoor play area of a large family day care home from adjacent residential properties. The fence shall be provided pursuant to Chapter 11.4.30: Landscaping and Buffer Yards. 447. Operator Information. The current name(s) and telephone number(s) of the operator(s) shall be on file with the Department of Development Services at all times. 17 of 27 - - •• -- - - - - - - - ■ - - - - -- 17 of 27 Planning Commission Resolution No. 10 -22 Amending the Seal Beach Municipal Code by Deleting Chapter 28, Zoning, In Its Entirety and Adopting A New Title 11, Zoning May 5, 2010 W ■ - - WI ■ - - - ■ - - - ■ W. ■ - - WI C. Child Day Care Centers. Child day care centers shall comply with all standards of Large Family Day Care Homes set forth above. In addition, the minimum parcel size for a child day care center shall be 7,500 square feet." (See Part IV, pages 23 -26 for current language) Sound and Music: Outdoor Dining, Display, and Sales Standards - Outdoor Dining and Seating Areas - Section 11.4.05.090.D: Revise subsection 11.4.05.090.D.6, Amplified Sound and Music, to read as follows: 1 [6. Sound and Music. Un- amplified sound and music that is limited to no more than 1 entertainer is permitted within an outdoor dinina or seating area upon approval of an Administrative Use Permit or Conditional Use Permit pursuant to Chapter 11.5.20, Development Permits. Amplified sound and music is prohibited within an outdoor dining or seating area unless approved by a Conditional Use Permit pursuant to Chapter 11.5.20, Development Permits. (See Part IV, page 44 for current language) Revise Table 11.5.20.010, Review Authority, to reflect the above revision, as follows: 18 of 27 Planning Commission Resolution No. 10 -22 Amending the Seal Beach Municipal Code by Deleting Chapter 28, Zoning, In Its Entirety and Adopting A New Title 11, Zoning May 5, 2010 TABLE 11.5.20.010 (Continued) REVIEW AUTHORITY Chapter 11.4.05 — Standards for Specific Uses (Continued) (See Part V, page 34 for current language) 19. Garage Sales - Section 11.4.05.100.13 — Residential Accessory Uses, Structures, and Vehicle Parking — Garage Sales Revise Subsection Section 11.4.05.100. B, Garage Sales, to read as follows: "B. Garage Sales. Garage sales shall be limited to 2 4 per calendar year per site, and a maximum of 2 days each following approval by the City." (See Part IV, page 47 for current language) 20. Mechanical Equipment Screening - Section 11.4.10.015 Revise Section 11.4.10.015, Mechanical Equipment Screening, to read as follows: "§ 11.4.10.015 Mechanical Equipment Screening. All mechanical and electrical equipment except solar collectors, and antennas shall be screened or incorporated into the building design so as not to be visible . These include, but are not limited to, all roof - mounted equipment, utility meters, cable equipment, telephone entry boxes, backflow preventions, irrigation control valves, electrical transformers and pull boxes. 19 of 27 Use Permit Required Land Use Entitlement or Requirement is in Administrative Conditional Activity Section: Use Permit Use Permit Outdoor Dining or Seatina § 11.4.05.090.D.6 X Area — Sound and Music (See Part V, page 34 for current language) 19. Garage Sales - Section 11.4.05.100.13 — Residential Accessory Uses, Structures, and Vehicle Parking — Garage Sales Revise Subsection Section 11.4.05.100. B, Garage Sales, to read as follows: "B. Garage Sales. Garage sales shall be limited to 2 4 per calendar year per site, and a maximum of 2 days each following approval by the City." (See Part IV, page 47 for current language) 20. Mechanical Equipment Screening - Section 11.4.10.015 Revise Section 11.4.10.015, Mechanical Equipment Screening, to read as follows: "§ 11.4.10.015 Mechanical Equipment Screening. All mechanical and electrical equipment except solar collectors, and antennas shall be screened or incorporated into the building design so as not to be visible . These include, but are not limited to, all roof - mounted equipment, utility meters, cable equipment, telephone entry boxes, backflow preventions, irrigation control valves, electrical transformers and pull boxes. 19 of 27 Planning Commission Resolution No. 10 -22 Amending the Seal Beach Municipal Code by Deleting Chapter 28, Zoning, In Its Entirety and Adopting A New Title 11, Zoning May 5, 2010 Rud Mcuded / Medunicd Equgenav I Requved ` \S Screening rWnd Howled MaheniW Eysriprned ` R.quked Sc Bening gam' .'' I F'_ tV _ ... • "' 1 Lot L Public Right-Of-Way J A. Desian Reauirements. The screen shall exceed the height of the equipment, shall not interfere with the operation of the equipment, and shall utilize materials, colors, and architectural style of screening materials that are architecturally consistent with other on-site development and without giving the appearance of being added on. B. Exceptions. Adm inistrative Use Permit approval pursuant to Chapter 11.5.20: Development Permits. is required for exceptions to the screening of mechanical equipment where the screening enclosure may substantially increase the visual mass of the roof line of a structure and alternative treatment may be preferable. (See Part IV, page 72 for current language) 21. Storm Drainage and Storm Water Runoff - Section 11.4.10.020.H Revise Subsection 11.4.10.020.H.1, Prevention of Runoff, to read as follows: " 1 . Prevention of Runoff. a. Site grading shall be designed to prevent runoff onto adjacent properties and to eliminate the impacts of runoff on all structures on the site. . On -site drainage systems.(i.e. roof drains, downspouts. french drains, swales, etc.) shall be designed and maintained to prevent runoff onto adjacent properties. (See Part IV, page 79 for current language) 20 of 27 Planning Commission Resolution No. 10 -22 Amending the Seal Beach Municipal Code by Deleting Chapter 28, Zoning, In Its Entirety and Adopting A New Title 11, Zoning May 5, 2010 22. Standards for Signs in Commercial, Mixed -Use, and other Non - Residential Districts —Table 11.4.25.025.A Revise Table 11.4.25.025.A, Standards for Signs in Commercial, Mixed -Use, and other Non - Residential Districts, to read as follows: TABLE 11.4.25.025.A (Continued) STANDARDS FOR SIGNS IN COMMERCIAL, MIXED -USE, AND OTHER NON- RESIDENTIAL DISTRICTS Maximum Maximum Maximum Area per Maximum Horizontal Projection Additional Sign Type Number Individual Height from Wall Regulations Permitted Sign or (Subsection) Supporting Structure Portable A- 1 per g sq. ft. (6) 9)x_0 Frame Sin tenant/use (See Part IV, page 140 for current language) 23. Portable A -Frame Signs - Section 11.4.025.C.6 Revise Subsection 11.4.25.025.C.6, Portable A -Frame Signs, to read as follows: "6. Portable A -Frame Signs. Portable A -Frame Signs shall comply with the following standards: ba. A Portable A -Frame Sign shall be located so as to allow at least 6 feet clear for pedestrian passage along a pedestrian walkway and shall not be located on public property. b. Compliance w ith all provisions of the "City of Seal Beach Standards for Portable A -Frame Sians. (See Part IV page 142 for current language) Please refer to Attachment A to review the Proposed "City of Seal Beach Standards for Portable A -Frame Signs" 24. Main Street Area - Portable A -Frame Signs - Section 11.4.025.C.10 21 of 27 Planning Commission Resolution No. 10 -22 Amending the Seal Beach Municipal Code by Deleting Chapter 28, Zoning, In Its Entirety and Adopting A New Title 11, Zoning May 5, 2010 Revise Subsection 11.4.25.025. C. 10, Main Street Specific Plan District — Additional Requirements, to add a new subsection "h" to read as follows: "h. Portable A -Frame Signs. Portable A -Frame Signs shall comply with the following standards: a. A Portable A -Frame Sian is only permitted where building frontage is located within 10 feet of a public sidewalk. b. A Portable A -Frame Sian shall be located so as to allow at least 6 feet clear for pedestrian passage along a pedestrian walkway and shall not be located on public property. c. Compliance with all provisions of the "City of Seal Beach Standards for Portable A -Frame Signs. Re -letter remaining subsections h, i, and j to new subsections i, j, and k, respectively. (See Part IV page 147 for current language) 25. Section 11.4.70.015.E — Revise to read as follows: "E. E a uipment cabinets or rooms to service existing antennas when completely located inside of permitted structures; and" (See Part IV page 248 for current language) 26. Section 11.4.70.015.G.1.a — Revise to read as follows: "a. Satellite s antennas that do not exceed 39 inches in diameter and are for the sole use of a resident occupying the same residential parcel so long as it does not exceed the height of the ridgeline of the primary structure on the same parcel. Such antennas shall not be located in any area between a building and the adjacent public right -of- way." (See Part IV page 248 for current language) 27. Section 11.4.70.015.G.1.b — Revise to read as follows: "b. Satellite A may be installed on, or attached to, any existing building or other structure that de net eve 2 5 - f==-*- i n he so long as the height of the antenna measured from existing grade does not exceed the permitted height for in the -t applicable Base District Zone The antennas must be for the sole use of residents occupying the same residential parcel on which the antennas are located and shall not be located in any required parking or loading area." (See Part IV page 248 for current language) 22 of 27 Planning Commission Resolution No. 10 -22 Amending the Seal Beach Municipal Code by Deleting Chapter 28, Zoning, In Its Entirety and Adopting A New Title 11, Zoning May 5, 2010 28. Section 11.4.70.015.G.2 — Revise to read as follows: T. Commercial, Public, and Semi - Public Districts. a. A satellite d antenna that does not exceed 79 inches in diameter is permitted anywhere on a parcel in a commercial, public, or semi - public district provided the location does not reduce required parking or loading, diminish pedestrian or vehicular access, or require removal of landscaping maintained as a condition of project approval. Such antennas shall not be located within a required front yard or side yard abutting a street unless screened from view from any public right -of -way or adjoining property. b. An satellite antenna that is mounted on any existing building or other structure such that it is not visible from any vantage point exterior to the building or structure, for example an antenna on a roof behind a parapet wall. All wires and /or cables necessary for operation of the antenna shall be placed underground or attached flush with the surface of the building or the structure of the antenna. C. Satellite Antennas mounted on the roof of an existing building so Iona as the height of the antenna measured from existing grade does not exceed the permitted height in the Base District Zone (See Part IV page 249 for current language) 29. Section 11.4.70.020 — Revise to read as follows: "§ 11.4.70.020 Submittal Requirements. An Applicant shall file a written application for --- A . d-O n O a f rn iwi_a e== 6k SO -a Conditional Use Permit with the Director in accord with the application procedures under Chapter 11.5.10: General Procedures. In addition to any other requirements, applications shall, at a minimum, include the following information:" (See Part IV page 249 for current language) 30. Section 11.4.70.025 — Revise to read as follows: "§ 11.4.70.025 Additional Standards. In order to ensure compatibility with surrounding land uses, protect public safety and natural, cultural, and scenic resources, preserve and enhance the character of residential neighborhoods and promote attractive non - residential areas, in addition to all other applicable requirements of this Zoning Code, all 23 of 27 Planning Commission Resolution No. 10 -22 Amending the Seal Beach Municipal Code by Deleting Chapter 28, Zoning, In Its Entirety and Adopting A New Title 11, Zoning May 5, 2010 31 32. 33. 34. wireless telecommunications facilities subject to the requirements of this Chapter shall be located, developed, and operated in compliance with the following standards unless the ' g Planning Commission approves a use permit subject to the findings required by Section 11.4.70.035: Required Findings, based on information in the record, that approval of an exception will not increase the visibility of the facility, decrease public safety, degrade the appearance and aesthetic appeal of the community or degrade cultural or natural resources. All new telecommunications facilities in any zoning district shall meet the following requirements and standards:" (See Part IV page 251 for current language) Section 11.4.70.025.A.7 — Revise to read as follows: 61 7. Antennas, support structures, and equipment shelters may be installed on the roof or directly attached to any existing building or structure if they are not visible from the public right -of -way or from the habitable portion of any dwelling unit within 300 feet or are architecturally integrated into the design of the building or structure so long as such facilities do not protrude more than 2 feet horizontally from the building or structure, and comply with the height requirements of this Ghapte of the applicable Base District Zone (See Part IV page 252 for current language) Section 11.4.70.025.C.1 — Revise to read as follows: " 1. A freestanding antenna or monopole shall not exceed the height limit of the applicable Base District Zone in which the antenna or monopole is located. (See Part IV page 253 for current language) Section 11.4.70.025.C.2 — Revise to read as follows: 1 2. Building- mounted wireless telecommunications facilities shall comply with the height requirements of the applicable Base District Zone (See Part IV page 253 for current language) Section 11.4.70.025.C.4 — Revise to read as follows: 1 4. Wireless telecommunications facilities mounted on an existing tower or monopole structure may exceed the height of the existing structure by 5 feet, up to the maximum height allowed by by the 24 of 27 Planning Commission Resolution No. 10 -22 Amending the Seal Beach Municipal Code by Deleting Chapter 28, Zoning, In Its Entirety and Adopting A New Title 11, Zoning May 5, 2010 applicable Base District Zone if camouflaged as part of the structure design." (See Part IV page 253 for current language) 35. Section 11.4.70.025.1.4 — Revise to read as follows: 11 4. When antennas are co- located, the Planning Commission may limit the number of antennas with related equipment to be located at any 1 site by any provider to prevent negative visual impacts. (See Part IV page 257 for current language) 36. Section 11.4.70.030 — Revise to read as follows: "§ 11.4.70.030 Procedures. A wireless telecommunications facility subject to the requirements of this Chapter shall not be established, expanded, or otherwise modified except in conformance with the following requirements. A. Permitted When in Compliance with Standards. The following wireless telecommunications facilities shall be permitted in any Residential, Commercial, Semi - Public, or Public district subject to the Director's determination of compliance with the applicable requirements of this Chapter: Satellite antennas pursuant to the provisions of Section 11.4.70.015.G 2. A facility co- located on an existing legally established monopole, utility tower, or support structure in any zoning district provided the following conditions are met: a. The existina facility on which the co- located facility will be located: (i) was approved after January 1. 2007 by discretionary permit: (ii) was approved subject to an environmental impact report, negative declaration, or mitigated negative declaration: and (iii) otherwise complies with the requirements of Government Code Section 65R5Q_.6(_bL for wireless telecommunications collocation facilities. b. The co- located facility does not increase the height or location of the existing permitted tower /structure, or otherwise chan a the bulk, size, or other physical attributes of the existing permitted wireless communication facility. faint ha 4 3. Temporary wireless telecommunications facilities. 25 of 27 Planning Commission Resolution No. 10 -22 Amending the Seal Beach Municipal Code by Deleting Chapter 28, Zoning, In Its Entirety and Adopting A New Title 11, Zoning May 5, 2010 �. ACIMMnoafrofoula I lan Darm Fl� 6tar nnou G Conditional Use Permit. All other wireless telecommunications facilities, specifically including but not limited to any new ground- mounted tower or monopole, and public safety communications towers sixty -five (65) feet in height or less shall require the approval of a Conditional Use Permit pursuant to Chapter 11.5.20: Development Permits. Q Minor Modifications. The Director may approve minor modifications to any legally established wireless telecommunications facility, including replacement in -kind with smaller or less visible equipment and aesthetic upgrades, without notice or hearing. Such modifications shall be subject to compliance with the standards set forth in this Chapter and all existing conditions of approval based on written notification to the Director." (See Part IV page 259 for current language) 37. Section 11.4.70.035.A — Revise to read as follows: "A. General Findings. The Planning Commission, er the DiF , may approve or approve with conditions any Use Permit required under this Chapter after making the following findings in addition to any other findings required pursuant to Chapter 11.5.20: Development Permits:" (See Part IV page 259 for current language) 38. Section 11.4.70.035.6 — Revise to read as follows: "13. Additional Findings for Facilities not Co- Located. To approve a wireless telecommunications antenna that is not co- located with other existing or proposed facilities or a new ground- mounted antenna, monopole, or lattice tower, the Planning -Commission deeisien shall find that co- location or siting on an existing structure is not feasible because of technical, aesthetic, or legal consideration including that such siting:" (See Part IV page 260 for current language) 39. Section 11.4.70.035.0 — Revise to read as follows: 26 of 27 Planning Commission Resolution No. 10 -22 Amending the Seal Beach Municipal Code by Deleting Chapter 28, Zoning, In Its Entirety and Adopting A New Title 11, Zoning May 5, 2010 "C. Additional Findings for Facilities in a Residential Zone. To locate a facility in a residential zoning district where it is readily visible from the habitable area of a dwelling unit within 300 feet, or at any location where it is readily visible from a public right -of -way, public park, or other public recreation or cultural facility, the Planning Commission d shall find that: (See Part IV page 260 for current language) 40. Section 11.4.70.035.D — Revise to read as follows: "D. Additional Findings for Setback Reductions. To approve a reduction in setback, the Planning Commission d� shall make one or more of the following findings:" (See Part IV page 260 for current language) 41. Section 11.4.70.035.E — Revise to read as follows: "E. Additional Findings for Any Other Exception to Standards. The Planning Commission may waive or modify requirements of this Chapter upon finding that strict compliance would result in noncompliance with applicable federal or state law." (See Part IV page 261 for current language) 42. Section 11.4.70.040.B — Revise to read as follows: "13. Exercise of Permits. Any Ad 1 - 11 - s e 1 — Conditional Use Permit issued pursuant to this Article shall expire automatically if the use is not commenced pursuant to the requirements of Chapter 11.5.10: General Procedures." (See Part IV page 262 for current language) Part VI: Definitions of Specialized Terms and Phrases: 43. "Extended Hour Business" definition be revised to read as follows: "Extended Hour Business ": any business that is open to the public between the hours of 12:01 a.m. and 6 a.m. See Section 11.4.05.055; Extended Hour Businesses in Chapter 11.4.05: Standards for Specific Uses." (See Part VI, page 23 for current language) 27 of 27